CITY OF GLENDORA
CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, APRIL 23, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.
Glendora regularly scheduled public meetings are conducted utilizing a hybrid format and will take place in accordance with the requirements of the Ralph M. Brown Act. To participate virtually, download zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or zoom.us/j/9329247224. The teleconferencing procedures followed relating to elected and/or appointed officials’ participation in public meetings will comply with Government Code §54953 et seq.
MAYOR/CHAIR
Mendell Thompson, District 5
MAYOR PRO TEM/VICE-CHAIR
David Fredendall, District 2
COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Gary Boyer, District 3
Karen Davis, District 4
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 as early as 5:00 PM, when scheduled, and general business session will commence at 7:00 PM.
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: 4/23/2024 / Packet Page #: 1
CITY OF GLENDORA
CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, APRIL 23, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS FURTHER 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
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
HIGH SCHOOL STUDENT REPORTS
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 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.
1. Public comments received
MEMBER STATEMENTS/REPORTS
CITY MANAGER AND CITY ATTORNEY STATEMENTS
SPECIAL ITEMS
2. A Proclamation recognizing the Glendora Public Library Friends Foundation's 30th Birthday
3. A Proclamation presentation designating May 5-11, 2024 as Municipal Clerk's Week Meeting Date: 4/23/2024 / Packet Page #: 2
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. A Recommendation to the City Council on a Tentative Tract Map and Development Plan Review for 46 Townhomes at 1201-1215 East Arrow Highway, Glendora, California (Project File No. PLN23-0015; Applicant: Abell Helou Homes, Inc.; Property Owner: Peppertree Glen Development, LLC)
CITY RECOMMENDATION: 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 PLN23-0015: 1. Adopt a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) for the project; and 2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 83901 FOR SUBDIVISION OF LAND TO CREATE 46
RESIDENTIAL CONDOMINIUM UNITS AND DEVELOPMENT PLAN REVIEW FOR THE CONSTRUCTION OF THE TOWNHOMES ON CERTAIN PROPERTY LOCATED AT 1201- 1215 EAST ARROW HIGHWAY, GLENDORA, CALIFORNIA (PROJECT FILE NO.
PLN23-0015; APPLICANT: ABELL HELOU HOMES, INC; PROPERTY OWNER:
PEPPERTREE GLEN DEVELOPMENT LLC).”
5. A Public Hearing to consider the FY 2024-2025 Annual Action Plan and Substantial Amendment to the FY 2023-2024 Annual Action Plan for the Community Development Block Grant (CDBG) Program
CITY/AGENCY/AUTHORITY RECOMMENDATION: Open and Conduct the Public Hearing, accept evidence and testimony presented, close the hearing and in the absence of evidence and testimony to the contrary: 1. Approve the CDBG Annual Action Plan FY 2024-2025; 2.
Authorize staff to adjust funding levels based on actual allocation; 3. Approve the Substantial Amendment to the CDBG Annual Action Plan FY 2023-2024; and 4. Authorize the City Manager to submit the Annual Plan Application and Substantial Amendment for CDBG funding to the Department of Housing and Urban Development (HUD).
6. First Reading and Introduction of an Ordinance amending the Glendora Municipal Code to bring it into compliance with State law and streamline construction of ADU and SB 9 units consistent General Plan Housing Element (File # PLN23-0035)
CITY RECOMMENDATION: 1. Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA); 2. Introduce for first reading an Ordinance entitled, “An ordinance of the City Council amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing Element (File # PLN23-0035);” and 3. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.
Meeting Date: 4/23/2024 / Packet Page #: 3
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 the Minutes from January 23, 2024 and March 26, 2024 Regular City Council meetings CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Affirm minutes as presented.
8. City of Glendora and Glendora Successor Agency Investment Report for March 2024 CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Receive and file the Monthly Investment Activity Report for March 2024.
9. Accept and Approve the Notice of Completion for Louie Pompei Memorial Sports Park Shade Structure Installation Project
CITY RECOMMENDATION: 1. Accept and Approve the Notice of Completion for the Louie Pompei Memorial Sports Park Shade Structure Installation Project by Ortco, Inc.; and 2.
Authorize the Mayor to sign the Notice of Completion for recordation.
MEMBER AGENDA ITEMS
10. Discussion on Public Safety Legislative and Initiative Proposals Under Consideration (Requested by Boyer, Seconded by Allawos)
CITY RECOMMENDATION: 1. Receive this report on the various public safety related legislative and initiative proposals currently under consideration; and 2. Provide City staff with direction accordingly.
11. Review Outdoor Dining Fee (Requested by Thompson)
CITY RECOMMENDATION: 1. Discuss the existing Outdoor Dining Fee; and 2. Provide direction to City Staff.
UNFINISHED BUSINESS
12. Update on Recruitments of City Council Appointed Boards and Commissions Recruitment for Terms Expiring on June 30, 2024 and Fill an Unscheduled Vacancy on the Glendora Business Improvement District (BID) Advisory Board, Office No. 2 with a Term expiring June 30, 2027 CITY RECOMMENDATION: 1. Receive update and provide direction to staff on the late application submitted by Veronica Salazar, Mercantile Collective & BeSpoke Hat Bar for the Business Improvement District (BID) Advisory Board; and 2. Confirm City Council availability for a Special Meeting on Tuesday, May 14, 2024 to conduct interviews and appoint.
MEMBER/STAFF CLOSING COMMENTS
ADJOURNMENT
Meeting Date: 4/23/2024 / Packet Page #: 4
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 116 E. Foothill Boulevard 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: April 17, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 4/23/2024 / Packet Page #: 5
Item #2. Page 1
Meeting Date: 4/23/2024 / Packet Page #: 6
Item #3. Page 1
Meeting Date: 4/23/2024 / Packet Page #: 7
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 23, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 4
SUBJECT: A RECOMMENDATION TO THE CITY COUNCIL ON A TENTATIVE TRACT MAP AND DEVELOPMENT PLAN REVIEW FOR 46 TOWNHOMES AT 1201-1215 EAST ARROW HIGHWAY, GLENDORA, CALIFORNIA (PROJECT FILE NO. PLN23-0015; APPLICANT:
ABELL HELOU HOMES, INC.; PROPERTY OWNER: PEPPERTREE GLEN
DEVELOPMENT, LLC)
RECOMMENDATION
That the City Council:
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 PLN23-0015:
1. Adopt a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) for the project; and
2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP NO. 83901 FOR SUBDIVISION OF LAND TO CREATE 46
RESIDENTIAL CONDOMINIUM UNITS AND DEVELOPMENT PLAN REVIEW FOR THE CONSTRUCTION OF THE TOWNHOMES ON CERTAIN PROPERTY LOCATED AT 1201-1215 EAST ARROW HIGHWAY, GLENDORA, CALIFORNIA (PROJECT FILE NO. PLN23-0015; APPLICANT: ABELL HELOU HOMES, INC; PROPERTY OWNER: PEPPERTREE GLEN DEVELOPMENT LLC).”
STRATEGIC FOCUS AREAS
Not Applicable
EXECUTIVE SUMMARY
The applicant is requesting approval of a condominium subdivision (Tentative Tract No. 83901) and a Development Plan Review application for a proposed 46-unit, three-story townhome residential development located at 1201-1215 E. Arrow Highway.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 12, 2022, the applicant submitted a Concept Review application and plans (File No. PLN22-0030) for a preliminary project concept of the subject site. The preliminary plans included subdivision of the land into 46 residential condominiums and the construction of associated townhomes. On August 18, 2022, the City provided the applicant with a letter that included an extensive list of items (comments, suggestions, code considerations) for the applicant to review and consider for the formal application submittals.
On July 3, 2023, the proposed project application (File No. PLN23-0015) was submitted for the 46-unit residential condominium development that includes a Tentative Tract Map and Development Plan Review.
This project was reviewed by staff and modified by the applicant over several months.
Item #4. Page 1
Meeting Date: 4/23/2024 / Packet Page #: 8
Staff Report Page 2 of 3
On March 21, 2024, a Notice of Public Hearing for the proposed project was published in the San Gabriel Valley Examiner and all property owners within 500 feet of the subject property were mailed a notice (even though noticing of property owners only within a 300-foot radius is required).
On April 2, 2024, the Planning Commission voted to recommend approval of the proposed project to the City Council.
On April 11, 2024, a Notice of Public Hearing (Attachment E) for the proposed project was published in the San Gabriel Valley Examiner and all property owners within 500 feet of the subject property were mailed a notice (even though noticing of property owners only within a 300-foot radius is required).
DISCUSSION
The subject property is located at 1201-1215 E. Arrow Highway. The site is located on the north side of Arrow Highway between Sunflower Avenue and Valley Center Avenue. The site consists of four lots developed with residential units and agricultural uses. Note that the agricultural uses have not been in operation for decades and the abandoned residential units have not been occupied for over five years.
Additionally, on November 2, 2023, staff determined that the existing residential units are not protected units since they have not been rented or occupied within the last five years. Consequently, the project complies with SB 330 and is not required to replace protected/affordable units.
General Plan and Zoning Designation
The subject property has a General Plan Land Use Designation of Arrow Highway Specific Plan (AHSP) and a zoning designation AHSP – Corridor High Density Residential (C-HR).
Application/Project Request:
The project involves approval for two discretionary permits:
1) Tentative Tract Map No. 83901 to subdivide land to create 46 residential condominium townhomes.
2) Development Plan Review for approval of the project’s development plans.
Summary of Recommendation:
Staff recommend approval of the project as it is consistent with applicable development standards for the C-HR zone and the City’s General Plan.
FISCAL IMPACT
There is no fiscal impact for this project, and the applicant has paid all fees associated with the proposed review. Beyond the City’s review, if the residential homes are approved, the development will provide one time revenue to the City in the form of building and development impact fees. In the long term, the development of the property would also provide increased property taxes.
ENVIRONMENTAL DETERMINATION
The City of Glendora, as lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA) to determine if approval of the discretionary actions requested and subsequent development would have a significant impact on the environment. An Environmental Impact Report (EIR) was prepared for the Arrow Highway Specific Plan (AHSP) [State Clearinghouse #2017041043] and adopted by the Glendora City Council on September 25, 2018. This EIR included the full analysis for future construction of up to 739 residential units at realistic buildout within Glendora’s portion of the Arrow Highway corridor. The AHSP’s EIR is applicable to all future residential development plans if they are in conformance with the specific plan, thus requiring no further environmental documentation. Therefore, if the subject proposal for 46 residential homes is approved with a determination that it follows the specific plan’s intent then no further environmental review is necessary. As such a CEQA Notice of Exception (NOE) has been prepared (Attachment B) for this project, which if approved will be submitted as the project’s CEQA compliance.
Item #4. Page 2
Meeting Date: 4/23/2024 / Packet Page #: 9
Staff Report Page 3 of 3
Prepared By Natalie Tobon Espinoza, Senior Planner
Concurs With Kurt Norwood, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Draft Resolution
B. CEQA Notice of Exemption (NOE)
C. Project Analysis Memo
D. Project Plans
E. Public Hearing Notice
F. Presentation
Item #4. Page 3
Meeting Date: 4/23/2024 / Packet Page #: 10
RESOLUTION NO. CC 2024-___
A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE
TRACT MAP NO. 83901 AND DEVELOPMENT PLAN REVIEW FOR
SUBDIVISION OF LAND TO CREATE 46 RESIDENTIAL
CONDOMINIUM UNITS AND DEVELOPMENT PLAN REVIEW FOR
THE CONSTRUCTION OF THE TOWNHOMES ON CERTAIN
PROPERTY LOCATED AT 1201-1215 EAST ARROW HIGHWAY,
GLENDORA, CALIFORNIA (PROJECT FILE NO. PLN23-0015;
APPLICANT: ABELL HELOU HOMES, INC; PROPERTY OWNER:
PEPPERTREE GLEN DEVELOPMENT LLC)
THE CITY COUNCIL
City of Glendora, California
THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the California Subdivision Map Act (codified at California Government Code, Title 7, Division 2, commencing with Section 66410) establishes the legal framework regarding the division of land; and
WHEREAS, Glendora Municipal Code (GMC) §21.02.040 establishes procedures for the review of development applications proposed through a Development Plan Review (DPR) application; and
WHEREAS, the properties at 1201-1215 East Arrow Highway, Glendora, California, are located in an established neighborhood of commercial and residential type uses; 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 City Council) 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, on June 30, 2023, Abell Helou Homes, Inc. (Applicant) filed an application for a Tentative Tract Map (TTM) (No. 83901) and DPR for 46 three-story, residential condominium townhomes on certain property located at 1201-1215 East Arrow Highway, Glendora, California (Project File No. PLN23-0015); and Item #4. Page 4
Meeting Date: 4/23/2024 / Packet Page #: 11
Resolution No. CC 2024-___ Page 2 of 14
WHEREAS, the City of Glendora (City), as lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA) to determine if approval of the discretionary actions requested and subsequent development would have a significant impact on the environment; and WHEREAS, a CEQA Environmental Impact Report (EIR) was prepared for the Arrow Highway Specific Plan (AHSP) [State Clearinghouse #2017041043] and adopted by the Glendora City Council on September 25, 2018. This EIR included the full analysis for future construction of up to 739 residential units at realistic buildout within the City’s portion of the Arrow Highway corridor. The AHSP’s EIR is applicable to all future residential development plans if they are in conformance with the specific plan, thus requiring no further environmental documentation; and
WHEREAS, if the subject proposal for the subdivision and development of 46 residential condominium townhomes is approved with a determination that it follows the AHSP’s intent, then no further CEQA review is necessary, and a Notice of Exception (NOE) can be submitted as the project’s CEQA compliance; and
WHEREAS, a public hearing was held by the Planning Commission of the City, on April 2, 2024, 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; and
WHEREAS, on April 2, 2024, the Planning Commission recommended approval of the TTM and DPR (Project File No. PLN23-0015) to the City Council; and WHEREAS, a public hearing was held by the City Council of the City, on April 23, 2024, 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 Commission of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDORA AS FOLLOWS:
SECTION 1 . The above recitals are true and correct and are incorporated by reference.
SECTION 2. The City Council hereby makes Findings with Facts, which are hereby incorporated in full as follows:
FINDINGS FOR TENTATIVE TRACT MAP
1. The proposed map is consistent with applicable general and specific plans as specified in §65451 of the California Government Code.
FACT: Pursuant to §66473.5 of the California Government Code, the proposed TTM together with the provisions for its design and improvements are consistent with the City’s General Plan Land Use Element Designation of AHSP. The proposed TTM is for a 46-unit, residential condominium townhome development that will provide housing ownership opportunities for the community. The proposed residential is consistent with the allowed uses for the AHSP. Finally, Item #4. Page 5
Meeting Date: 4/23/2024 / Packet Page #: 12
Resolution No. CC 2024-___ Page 3 of 14
the project location is in general proximity to City employment areas, active and passive recreational opportunities, a variety of commercial areas, and multi-modal transportation routes.
2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
FACT: The proposed development of residential homes is consistent with the General Plan and complies with the applicable goals, objectives and policies of the City's General Plan Elements. The residential development provides a diverse housing choice for future residents (Land Use Element Goal LU-7: A diverse range of housing choices; LU-10: Quality Infill Development; LU-18: Compatibility of Adjacent Uses; & LU-21: Preservation of Neighborhood Character). The subject site is located within a neighborhood with access to commercial areas and multiple transportation options (Housing Element Goal 3: Range of Housing Opportunities).
The development project will use the latest energy conservation features to conserve natural resources and lower energy costs. The development project includes mitigation measures to ensure that noise and vibration will not exceed normally accepted levels (Noise Element Goal N3: Coordinated Land Use Planning and Noise Mitigation). The development project complies with the General Plan Land Use Designation and zoning ordinance standards, with permitted deviations. Finally, the AHSP identifies several areas that specifically relate to the project site’s development, which upon review have been determined to be compatible with the General Plan.
3. The site is physically suitable for the type of development and can accommodate the development standards of this title or as is otherwise required.
FACT: The site is designed and graded to be physically suitable for the 46-unit residential condominium townhome development. The project site has frontage on Arrow Highway which provides access and connections to existing public utilities. A private driveway provides adequate vehicular (including Fire Department equipment access) access throughout the site.
The Fire Department has reviewed and accepted the site layout.
4. The site is physically suitable for the proposed density of development.
FACT: The proposed site is designed and graded to be physically suitable for the 46-unit, residential condominium townhome development. The project density of 46 units is less than the allowed maximum (30 dwelling units per acre) and consistent with the minimum dwelling units per acre (i.e., the project’s density proposes 80 percent of the maximum allowed for the site).
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat.
Fact: The subject site is located within an established urban neighborhood and the 46-unit residential condominium subdivision is considered an infill project. There are no fish or wildlife, or related habitats present on the property, and none would be affected by the project. A previous environmental review was conducted pursuant to CEQA and concluded that the project along Arrow Highway will have no significant environmental impact. The design of the subdivision and proposed improvements will not cause environmental damage.
Item #4. Page 6
Meeting Date: 4/23/2024 / Packet Page #: 13
Resolution No. CC 2024-___ Page 4 of 14
6. The design of the subdivision or type of improvements is not likely to cause serious public health, safety, or welfare problems.
Fact: The design of the subdivision and the proposed improvements will not result in public health, safety, and welfare problems. The subdivision includes private and common open space for recreational opportunities for residents. The subdivision design complies with Los Angeles County Fire Department emergency vehicle access requirements.
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
FACT: The subdivision will not conflict with any existing public easements and new easements will be recorded as necessary for public utilities, drainage, and other issues.
FINDINGS OF FACT FOR DEVELOPMENT PLAN REVIEW
1. The use is authorized by Development Plan Review pursuant to this title.
FACT: Pursuant to Glendora Municipal Code (GMC) §21.02.040(B), the construction of multiple-family projects—apartments, condominiums, and cooperatives—is permitted with the approval of a Development Plan Review application.; and as 46 units are proposed, Planning Commission review is required.
2. The use is consistent with the general plan and other applicable plans.
FACT: The proposed development of residential homes is consistent with the General Plan and complies with the applicable goals, objectives, and policies of the City's General Elements.
The residential development provides a diverse housing choice for future residents (Land Use Element Goal LU-7: A diverse range of housing choices; LU-10: Quality Infill Development; LU-18: Compatibility of Adjacent Uses; & LU-21: Preservation of Neighborhood Character).
The subject site is located within a neighborhood with access to commercial areas and multiple transportation options (Housing Element Goal 3: Range of Housing Opportunities). The development project will use the latest energy conservation features to conserve natural resources and lower energy costs. The development project includes mitigation measures to ensure that noise and vibration will not exceed normally accepted levels (Noise Element Goal N-3:
Coordinated Land Use Planning and Noise Mitigation). The development project complies with the General Plan Land Use Designation and zoning ordinance standards, with permitted deviations. Finally, the AHSP identifies several areas that specifically relate to the project site’s development, which upon review have been determined to be compatible with the General Plan.
3. The site can accommodate the development standards of this title or as is otherwise required.
FACT: The proposed project is located on four existing lots located at 1201-1215 E. Arrow Highway, is zoned Corridor High Density Residential (AHSO C-CR) and is 1.93 acres in size.
The proposed residential project is comprised of 46 attached, three-story, residential condominium townhomes with two-car garages; a project density of 46 units is less than the allowed maximum (30 dwelling units per acre) and consistent with the minimum dwelling units per acre (80 percent of the maximum equates to 46.56 units per acre). Therefore, the proposed project will conform to Item #4. Page 7
Meeting Date: 4/23/2024 / Packet Page #: 14
Resolution No. CC 2024-___ Page 5 of 14
the City’s current residential density for this zone in place for the Arrow Highway Corridor.
4. The site is adequately served by streets, utilities, and other services, facilities and improvements.
FACT: The subject property has street frontage on Arrow Highway. The site is served by services and utilities provided by Athens Waste Disposal, Los Angeles County Sanitation District, City of Glendora Water Division, Glendora Police Department, Los Angeles County Fire Department, Southern California Edison, Los Angeles County Flood Control District, and all other public and private services that accommodate the operation of an attached residential condominium development. The right-of-way areas (sidewalks and streets) are located within unincorporated Los Angeles County jurisdiction and are fully improved.
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 project will result in the construction of 46 townhouse condominiums in an established urban neighborhood (commercial and residential uses).
Therefore, the proposed residential condominium project is compatible with the neighborhood.
The development of the lot will not adversely affect the character and integrity of the area or the health, safety, and welfare of the public. The project will not cause any serious health, safety, or welfare problems in that its design and related construction will be performed per the requirements of all applicable codes, including zoning and building.
SECTION 3: The City Council hereby adopts an NOE as the projects required finding and filing for CEQA compliance.
SECTION 4. The City Council hereby approves TTM and DPR (Project File No. PLN23-0015) for the subdivision and development of a 46-unit residential condominium project as described by the report and depicted on project plans attached to the City Council Agenda Report for PLN23-0015, and after determining that the project meets the requirements of GMC §21.02.040 and the California Subdivision Map Act, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL
1. The Applicant shall sign and submit to the Planning Division a statement indicating agreement with an acceptance of the adopted Conditions of Approval prior to the issuance of grading and building permits.
2. The subject property shall be developed in substantial conformance with project plans attached to the City Council Agenda Report for PLN23-0015, as modified by these Conditions of Approval.
3. 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.
4. The City shall retain the right and the jurisdiction to review the TTM and DPR (No. PLN23- 0015) 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 TTM Item #4. Page 8
Meeting Date: 4/23/2024 / Packet Page #: 15
Resolution No. CC 2024-___ Page 6 of 14
and DPR (Project File No. PLN3-0015) or to modify the permit for any violation of the Conditions imposed.
5. 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 §21000 et seq., for this entitlement and related actions.
Planning
6. 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 Planning Division and Engineering Division for review and approval prior to the issuance of grading permits.
7. The Applicant shall maintain consistency with the colors and materials submitted to the Planning Division. No modifications(s) of the approved building elevations, including but not limited to, changes of finished material(s) or removal of building articulation shall be made during construction without prior written approval from the Community Development Director.
8. 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.
9. A final wall and fence plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. Approved walls and fences shall be installed prior to final occupancy.
10. Walls and fences shall be installed prior to final occupancy consistent with the preliminary fence and wall plan.
11. A Height Certification Form to ensure that per the Zoning Code, and approved Development Plan, no portion of the development shall exceed the maximum allowable height of 45 feet or three stories. A signed copy of this form shall be submitted to the Planning Division prior to the issuance of building permits.
12. The Applicant shall prepare Covenants, Conditions, and Restrictions (CC&Rs) for the development including articles establishing a condominium association. A copy of the draft CC&Rs shall be submitted to the Planning Division and City Attorney for review prior to Final Map approval. The Applicant will be responsible for payment to cover all City staff and City Attorney time required to review said CC&Rs. A recorded copy of the approved CC&Rs shall be submitted to the Planning Division prior to final occupancy as well as final payment to cover any City costs for review. CC&Rs shall include the following requirements:
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The condominium association shall maintain all common areas including private driveways, sidewalks, lighting, landscaping, irrigation, recreation equipment, fixtures, and other improvements.
The condominium association shall maintain all landscaped areas, including front yard landscaping with the exception of enclosed private patio yard areas. The condominium association shall provide all water needed for irrigation of the common landscaped areas and for any landscaping and trees in the public right-ofway fronting the project. The condominium association shall maintain landscaping and irrigation in the public right-of-way.
The CC&Rs shall clearly identify building and site maintenance responsibilities. The CC&Rs shall specify that the parking and/or storage of recreational vehicles, boats, trailers (recreational or business-related) equipment, and similar such vehicles, is prohibited everywhere onsite.
The CC&Rs shall require that residents use the provided garages and private driveway assigned to their unit to park their vehicles and not for long-term storage. The CC&Rs shall include a time limit for guest and commercial parking space use. The CC&Rs shall not be amended without the written consent of the City of Glendora.
13. The Applicant is responsible for submitting forms and fees associated with the formal assignment of addresses for each residential unit and commercial building. The process is initiated with the Public Works and Community Development Departments and is concluded by the City Clerk’s Office.
14. The project is subject to compliance with the City of Glendora’s Community Art Program (CAP) - Ordinance 2083 and Resolution CC 2024-04. As per the requirements outlined in GMC §21.03.150, applicable projects are required to install approved artwork in conjunction with their project (encouraged) or pay an in-lieu contribution equal to a minimum percentage of the total building permit valuation (BPV). Specifically, this project must adhere to the following guidelines adopted into the City’s Master Fee Schedule: New residential developments consisting of 11 or more units/houses and new mixed-use with residential as the primary component - An artwork installation approved by the city or an in-lieu contribution equal to 0.25% of the BPV is required. To ensure compliance with the CAP, the applicant must submit a CAP application and coordinate with the City’s Planning Division.
Approval of CAP application is required prior to building permit issuance.
Landscaping
15. A Water Efficient Landscaping Application and MWELO compliance shall be completed and submitted to both the Planning Division (for landscape) and the Water Division (for irrigation) for review and approval prior to the issuance of building permits. The plan shall be prepared by a licensed landscape architect and shall demonstrate compliance with the Water Efficient Landscape Ordinance (Assembly Bill 1881). Approved landscaping and irrigation shall be installed prior to final occupancy. (GMC §21.03.060)
16. Information regarding existing trees to be removed (location, tree type, size, general health) and the trees proposed as replacements and/or the payment of an in-lieu fee to cover the cost of trees to be removed. Tree in-lieu fees (if required) shall be assessed by the City Public Works Department and paid by the Applicant prior to the issuance of building permits.
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Replacement trees shall be based on the City of Glendora Urban Forestry Manual and information shall be presented as part of the final landscape design plans.
17. All pedestrian paths, crosswalks, and project entrances shall utilize decorative paving and should be shown on the landscape plan submitted to the Planning Division.
18. All light fixtures, including freestanding and building-mounted, shall be decorative and complementary to the architectural style of the buildings and shall be subject to approval by the Planning Division.
19. All common area landscaping shall be installed by the developer and maintained by the condominium association.
Air Quality
20. The best available control measures to minimize fugitive dust emissions shall be utilized, including but not limited to watering soils as necessary to minimize dust generation. (SCAQMD Rule No. 403)
Land Development Division
Final Tract Map/Site Development:
21. A final tract map is required and shall be submitted at time of plan check. The final map will be reviewed for technical accuracy by the City’s contract Land Surveyor. Developer is responsible for all such costs. A title report/subdivision report less than 6 months old is required at the time of submittal. Include copies of all underlying documents/easements of record referenced in the title report. The Surveyor preparing the map must follow GMC §20.12.010 as well as the California Subdivision Map Act. Show all easements on the property with the proper labels, identifications, and dimensions. Refer to the City’s final map review sheet for detailed requirements.
22. An Indemnity Agreement and a Subdivision Improvement Agreement must be signed by the developer and approved by the City prior to final map approval. The developer will submit the final map to the City’s contract Land Surveyor for technical review. The Developer is responsible for all fees associated with this review. All civil engineering drawings, reports, and studies must be signed and sealed by the engineer of record/responsible engineer.
23. Driveway widths and turning radii will be reviewed and approved by Los Angeles County Fire Department for accessibility during the plan check phase.
24. Together with the Civil Engineering Drawings prepared for the project, prepare and submit for plan check, a Composite Utility Plan showing all existing utilities to remain, to be relocated, or to be removed and all proposed utilities to be installed on-site and off-site for this project.
Indicate the utility agency or company of all existing utilities; provide drawings, details, notes, and specifications for the proposed utility work.
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Stormwater
25. This project is required to comply with the Federal NPDES and State Municipal Separate Storm Sewer System (MS4) requirements. Projects subject to the MS4 are to implement postconstruction low impact development (LID) storm water runoff water quality control measures as a way to reduce downstream runoff. Follow GMC §21.03.090 to determine Applicability and Performance Criteria. A final and complete LID Report and Plans for the construction of LID improvements will be required for the project, and it must be submitted for review at time of first plan check. Follow Los Angeles County LID Standards Manual for design and format of LID Report. The soils engineer of record must review and approve the infiltration system.
Refer to the City’s drainage and storm water requirements for detailed information.
26. This project is required to comply with the State Construction NPDES permit. This requires a Storm Water Pollution Prevention Plan (SWPPP) for implementation during the construction phase of the project. The SWPPP must be prepared by a Qualified SWPPP Developer (QSD) and must be submitted to Public Works for review and approval. The SWPPP must be reviewed and approved prior to the issuance of the grading permit. The approved SWPPP must be implemented by a Qualified SWPPP Practitioner (QSP) during construction. Detailed plans for erosion control must be included within the SWPPP, and they shall include all necessary Best Management Practices (BMPs) and follow the City’s erosion control requirements.
Grading and Drainage:
27. Grading and drainage plans are required together with supporting documents (such as geotechnical, drainage/hydrology/LID reports/plans) and must be submitted with the first plan check. The recommendations of the geotechnical engineer of record and will be reviewed according to the City’s Grading Plan to the Public Works Department. A permit from the City of Glendora Public Works Department and a grading bond will be required prior to the start of construction. Show all existing and proposed easements on the improvement plans. Label, dimension, and identify easement holders. Complete and provide a copy of the City’s Grading Plan Checklist.
28. All structural BMP’s for the project must be shown in detail on the grading plans. The grading plan will need to be reviewed/approved by the soils engineer. A minimum ½” per hour percolation rate must be verified by the soils engineer for the project via a percolation test and included in next submittal for any areas where storm water is proposed to be infiltrated.
29. GMC §20.28.010 requires underground utilities in new developments. Coordinate with utility agencies as necessary.
30. A final geotechnical report is required, shall address over-excavation, and must be submitted at time of first engineering plan check. While the City does require reports be prepared following the Los Angeles County GMED manual, the City has not adopted its building code. First submittal of the Grading Plan should be signed and stamped by the geotechnical engineer stating that the Grading Plan is in conformance to the geotechnical/soil engineer recommendations.
After final grading plan approval, the grading plan Mylar will also be wet signed and stamped by the geotechnical engineer. As necessary, provide an update letter if the soils report is greater than one year old. The geotechnical report for this project may be peer reviewed by the City’s contract geotechnical engineer and/or geologist. The developer is responsible for all costs. A $1,500 deposit is required to cover review of the geotechnical report.
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31. The Final Drainage Study Report is required at time of first engineering plan check, and it must follow the City’s Hydrology & Hydraulics report format and discuss the offsite stormwater runon flows (if any) from properties surrounding the site. The report should analyze both off-site storm water run-on and on-site storm water flow. The report must be coordinated with the project LID Report.
32. Storm Drain Plans with profiles and details of proposed drains, inlets, and facilities may be required. For connection to a L.A. County storm drain, reports and plans required by the County must be submitted to the City and Los Angeles County for plan check and permitting.
33. When grading plans are submitted for first plan check, a fee is required based on the cubic yards of earth moved. A plan check fee will be collected at the time of first submittal based on the quantity on the submittal. Include over excavation and re-compaction quantity in calculation of the cut and fill quantities. At the time of issuing grading permit, final plan check fees will be adjusted accordingly with additional fees paid or refunded determined by final yardage.
Grading Bond will be required.
Water/Fire Service:
34. Water is served by the City of Glendora. The water service connection will be at Arrow Highway with a master meter. The water main on the project site will be private and maintained by the Condominium Association. Exact service locations to be determined when final site plan is approved, but they shall not be located in drainage features or where water could pond.
Easements may be required to access water meters, check valves, and other water devices.
35. Provide a water study, as directed by the PWD/Water Division, to determine the impact of the development’s water demand on the City’s water system compared to the existing condition.
Contact the PWD/Water Division for specific requirements.
36. Provide domestic water demand calculations and service size, including fixture count for the entire property. Engineering calculations used for water demand shall be included. This will help assure that the current City's water main will accommodate the additional water demand at this proposed development. Include meter sizes, service sizes, and distance of furthest fixture from the meter. Indicate if fire sprinklers, private fire hydrants, or other fire protection equipment will be required by the Los Angeles County Fire Department. If any of the above fire protection equipment is required, such equipment shall be included in the calculation for water demand.
37. Frontage fees may apply to this project. Developer may be required to replace or upgrade the existing water lines fronting the project, and upsize existing water lines as necessary to meet requirements stipulated in the water model performed for the proposed development. Water improvement plans shall be prepared in accordance with City guidelines, and they shall be submitted to the PWD/Water Division for plan check. Contact the Water Division at (626) 914- 8249 to determine water service requirements.
38. The owner/applicant may be required to provide water rights to serve the project. Currently water rights fees are approximately $14,000 per acre foot of water. When the final number of units and amount of landscaping are decided, contact the PWD/Water Division at (626) 914- Item #4. Page 13
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Resolution No. CC 2024-___ Page 11 of 14
8249 regarding the process of determining the water rights fee and to request a water will serve letter.
39. Backflow prevention shall be provided per City Standard Detail 2.30 for structural fire protection (i.e., sprinklers) and landscape irrigation systems. Plans shall be submitted to the Public Works Department with applicable plan check fees.
40. Installation of public and/or private water mains is required to serve the proposed development.
A separate plan submittal will be required for any new or upgraded water mains, fire hydrants or fire water lines which will serve the site. That plan is a separate submittal to the PWD/Water Division as well as the CDD/Land Development Division and Los Angeles County Fire Department for review and approval. The plan will be prepared using a City of Glendora title block and must show the connection in the public right of way and must have a signature block for the Los Angeles County Fire Department. Plan review fee of 5% of the engineer’s estimate is due at time of first submittal. For Los Angeles County Fire Department requirements, please contact Fire Staff at (626) 963-5564.
41. If water easements or any other easements are required and not shown on the final tract map, follow the Engineering guidelines for preparing legal descriptions and plats. The City uses an outside land surveying firm to perform the review of any documents stamped by a land surveyor for which the developer is required to pay. The developer will be required to deposit $1,000 for the initial review of the document. Any unused funds are returned or if additional fees are required, an additional deposit will be requested.
42. Fire flow tests are required by Los Angeles County Fire Department. Contact the Public Works desk at (626) 914-8246 apply for and schedule a test.
Sanitary Sewer:
43. The City of Glendora owns the sewer collection system, but it is operated and maintained for the City as part of the County’s Consolidated Sewer Maintenance District (CMSD). The plan check process for any sewer improvement plans will go through both City of Glendora and Los Angeles County Public Works following County guidelines and requirements.
44. The treatment system for Glendora’s sewer is owned and operated by the Los Angeles County Sanitation District No. 22. The developer’s Civil Engineer will need to contact the CMSD to obtain a treatment will serve letter as well as pay the appropriate fees. For further information, contact CMSD Staff at (562) 908-4288, extension 2717.
45. The developer has provided Part 1 of the sewer study for this project (video inspection of the existing reach of sewer downstream of the proposed point of connection at the north tract boundary) during the entitlement phase of this project. The video inspection shows the existing sewer to be in good condition and appears to be a feasible point of connection. At time of plan check, Part 2 the sewer study (Sewer Area Study) shall be submitted for review and approval.
A sewer study is required for the project following Los Angeles County Public Works guidelines to determine the effect (if any) on the existing sewer system. The analysis includes the City sewer lines between the project site and the County Trunk Sewer located in Sunflower Avenue. Refer to the standard County area study guidelines and flow rate/capacity information at http://dpw.lacounty.gov/ldd/lddservices/sewerAreaStudy/sewerAreaStudy.shtml.
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46. On-site sewer will be City of Glendora public sewer. Off-site sewer may require new or upgraded facilities. All public sewers require a sewer improvement plan and profile prepared in accordance with the CSMD Standards and Requirements. The plan check process will go through both the City of Glendora and Los Angeles County Public Works. The developer will be responsible for Plan Check fees for the City and the County. City’s plan review fee is 5% of the engineer’s estimate and is due at time of first submittal. Sewer acreage and frontage charges may be applicable.
Street Improvements:
47. The developer’s Civil or Traffic Engineer must prepare a traffic/parking exhibit and a line of site analysis/exhibit at entrance/exit to/from the project site and include any recommendations for additional red curb to provide adequate site distance. The traffic/parking exhibit must show street parking, bike and parking lanes, signs, driveways, ramps, and any other traffic control device from 100 feet west of the project site to 100 feet east of the project site. The exhibit must be submitted at time of first plan check submittal to the Land Development Division for review and approval.
48. New streetlights may be required along the project frontage. A street light study/review of existing/proposed streetlights is required to determine exact number and locations of streetlights for this project. The study shall be submitted with the street improvement plan first check. All new streetlights shall be shown on the street improvement plans for this project. Study, review, and proposed design of streetlights shall be coordinated with SCE and the Land Development Division.
49. Any and all street improvements, utility, and trench work require a permit from the City of Glendora Public Works Department. Permits are also required from LA County for work in Arrow Highway. City Standards are available on line at:
http://www.ci.glendora.ca.us/index.aspx?page=143
50. Construction temporary traffic control plans for Arrow Highway and any signing and striping plans for the public streets must be prepared and submitted to the L.A. County Public Works Department and City Land Development Division for review/approval during the plan check phase.
Public Works – Landscaping/Irrigation Plan:
51. Landscape/Irrigation Plan will be processed through both the Planning Division (for landscape) and the Water Division (for irrigation). All the irrigation and landscape plans shall be Water Efficient. They shall be submitted at time of first plan check.
Waste Management:
52. All construction, demolition, and renovation projects within the city with a total valuation cost for the new or remodeled construction as determined by the City Building Official which are, or projected to be, greater than or equal to one hundred thousand dollars shall submit a Waste Management Plan to the Public Works Department 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 issuance of a certificate of Item #4. Page 15
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occupancy. The City may review and amend the plan as needed. Guidelines are available from the recycling coordinator (GMC §6.09).
Public Works – Miscellaneous:
53. Applicant will be required to apply for formal address assignment. For details and fees, contact Public Works at (626) 914-8246.
Los Angeles County Fire Department - Final Map Requirements
54. All fire hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the 2017 County of Los Angeles Fire Code, Table B105.1
55. The required fire flow for the public fire hydrants for this project is 2500 gpm at 20 psi residual pressure for 2 hours. Two public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1
56. Install three new public fire hydrants as indicated on the Site Plan.
57. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4
Los Angeles County Fire Department
58. The approval of this permit shall be contingent on approval by the Los Angeles County Fire Department. Any changes resulting from the requirements of the Los Angeles County Fire Department shall be submitted to the Planning Department for review and approval prior to the commencement of construction.
59. A final fuel modification plan shall be submitted and approved by the Forestry Division prior to building plan approval. Implementation of the approved Final Fuel Modification Plan and final inspection will be required prior to the approval of final occupancy. Submit 3 copies of the completed fuel modification plan to the Fuel Modification Unit: Fire Station 32, 605 N.
Angeleno Avenue, Azusa 91702-2904. Phone (626) 969-5205, Fax (626)969-4848 (Fire Code 4908).
Term
60. The approved use and/or construction work shall commence within 24 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 the use or construction work is not started within the required time and carried on diligently to completion, the permit shall become void; however, the Director may extend the time limit in the case of unavoidable delay. The applicant must submit a written request to the reviewing body or Director 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.)
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Enforcement
61. 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 GMC. (GMC §1.18)
62. 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 to 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 5: The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution, and the same shall thereupon take effect on _______ __, 2024 subject to a 15 calendar-day appeal and be enforced in accordance with the terms and Conditions thereof.
PASSED, APPROVED and ADOPTED this ___ day of_______, 2024.
City Council of Glendora, California
BY:
MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
DANNY ALESHIRE
City Attorney
CERTIFICATION
I, 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 ______, 2024, by the following vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 17
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rvp7/3/97
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: PLN23-0015
Project Location: 1201-1215 E. Arrow Highway, Glendora, CA Project Applicant: Abell-Helou Homes, Inc.
Mailing Address: 148 W. Orange St., Covina, CA 91723
General Plan Land Use Designation: Arrow Highway Specific Plan Zoning Designation: AHSP Corridor High Density Residential (C-HR) Project Description: The project involves a Tentative Tract Map and Development Plan Review for a three-story multi-family residential development of 46 townhomes.
Surrounding Land Uses and Setting: The property to the north is zoned R-1, and the properties to the east and west are zone C-HR. The property to the south is located outside of the City border.
The Planning Commission recommends the following exempt status / findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 32 Section: 15332 (In-fill Development Project) Statutory Exemption. Code Number:
Other
Reasons why project is exempt: CEQA requires analysis of agency approvals of discretionary “Projects.” A “Project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA.
Staff has reviewed the Project and determined that it is categorically exempt from CEQA review pursuant to the following:
15332 (In-fill Development Project) - Class 32: This categorical exemption applies to projects that are characterized as infill development and meet specified requirements. The Project qualifies as infill development because it satisfies each of the following conditions:
a. The project is consistent with the applicable General Plan designation, General Plan policies, and zoning designation and regulations. The proposed 46-unit condominium townhomes are residential use, which is allowed in the General Plan (Arrow Highway Specific Plan) and Zoning (AHSP C-HR) designations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The existing site is 1.9 acres. The site consists of four lots that were developed with residential units/agricultural uses. Note that the agricultural uses have not been in operation for decades and the abandoned residential units have not been Item #4. Page 18
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rvp7/3/97
utilized for over five years. The site is surrounded by existing multi-family residential to the north and east, and commercial/office uses to the west and south. c. The project site has no value, as habitat for endangered, rare, or threatened species. The Project site was previously developed for agricultural/residential uses and has been vacant and under-utilized for five years. The surrounding areas are fully developed. Therefore, there is no value as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Project would not result in any of the following significant effects:
- Noise. Noise from the Project would be subject to the noise thresholds established by ordinance, consistent with the General Plan and incorporate automatic volume control levels.
- Air Quality. Air quality thresholds are established through the South Coast Air Quality Management District. The Project would not exceed these established thresholds. - Water Quality. The Project has been conditioned to comply with an applicable Water Quality Management and Best Management Practices to reduce or eliminate potential impacts from water runoff from the site, although all stormwater items are already existing and in place.
e. The site can be adequately served by all required utilities and public services. The Project site was previously developed and had been served by local utilities and services.
Previous Analysis: Relying on previous adopted California Environmental Quality Act (CEQA) analysis. An Environmental Impact Report (EIR) was prepared for the Arrow Highway Specific Plan (AHSP) [State Clearinghouse #2017041043] and adopted by the Glendora City Council on September 25, 2018. This EIR included the full analysis for future construction of up to 739 residential units at realistic buildout within Glendora’s portion of the Arrow Highway corridor. The AHSP’s EIR is applicable to all future residential development plans if they are in conformance with the specific plan, thus requiring no further environmental documentation. Therefore, if the subject proposal for 46 residential condominiums is approved with a determination that it follows the specific plan’s intent, then no further environmental review is necessary.
Date:
Jeff Kugel, Director of Community Development
The above recommended exempt status and findings were adopted by the following body:
on
Date:
Mark Carnahan, City Planner (626) 852-4822
Item #4. Page 19
Meeting Date: 4/23/2024 / Packet Page #: 26
PLN23-0015 PROJECT ANALYSIS MEMORANDUM Page 1 of 8
PROJECT NO. PLN23-0015—PROJECT ANALYSIS MEMORANDUM
PROJECT SUMMARY:
Applications: Various entitlements are needed in order to accomplish the proposed development; the following approvals are required:
1. Tentative Tract Map No. 83901 to subdivide land to create 46 residential condominium townhomes.
2. Development Plan Review for approval of the project’s development plans.
3. CEQA Notice of Categorical Exemption of the California Environmental Quality Act Guidelines.
Date of Application: July 2, 2023
Applicant: Abell Helou Homes, Inc.
148 W. Orange St.
Covina, CA 91723
Property Owner: Peppertree Glen Development LLC
Property Address: 531-555 E. Arrow Highway
Glendora, CA 91740
L.A. County Accessor Parcel/Identification Nos.: 8653-028-016, 017, 018, & 019 Description of Property: The subject property is located at 1201-1215 E. Arrow Highway. The site is located on the north side of Arrow Highway between Sunflower Avenue and Valley Center Avenue. The site consists of four lots that were developed with residential units/agricultural uses.
Note that the agricultural uses have not been in operation for decades and the abandoned residential units have not been utilized for over five years.
General Plan Designation: The project site has a General Plan (Community Plan 2025) land use designation of Arrow Highway Specific Plan. The General Plan indicates that “Specific plans grant the City authority to consider and create detailed and precise plans prepared by landowners, developers, and public agencies. It allows the flexibility to create specific zoning for a particular area such as a downtown or an area with environmental constraints, and results in unique and imaginative designs. The specific plan establishes a land use pattern, circulation system, open space and other features, as necessary, to ensure the area is also well integrated into the community.”
The City’s General Plan has several goals and policies that should be considered with the proposal.
Staff found the following excerpts from the General Plan Housing and Land Use Elements to be relevant:
Goal LU-5: Expanded residential development opportunities.
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Policy LU-5.2: Provide for expanded infill residential opportunities in appropriately designated areas in the City.
Goal LU-7: A diverse range of housing choices.
Policy LU-7.1: Provide opportunities for the development of housing at a variety of affordability levels and densities that respond to the various needs of future residents. Goal LU-10: Quality infill development.
Policy LU-10.1: Ensure the design and development of infill projects compliments existing development in terms of scale, character, and pedestrian quality. Goal LU-18: Compatibility of adjacent land uses.
Policy: LU18.1: Ensure the preservation of a scale and character of development is sensitive to adjoining uses.
The City’s current 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 to accommodate the City’s share of the regional housing need.
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 3.2: Encourage development of residential uses in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
Policy 3.5 Ensure that residential development sites have appropriate and adequate services and facilities, including water, wastewater, and neighborhood infrastructure. Policy 3.6 Support the assembly of small vacant or underutilized parcels to enhance the feasibility of infill development.
Zoning: The project site is located within the Corridor High Density Residential (C-HR) zone.
The Arrow Highway Specific Plan defines the C-HR zone as “The Corridor High Density Residential zone applies to properties west of South Banna Avenue and between Bradford Drive and North Valley Center Avenue. Permitted uses include multifamily detached or attached (townhomes, rowhouses, and stacked flats). These uses should activate the corridor and create opportunities for walking and biking to neighborhood amenities. Accessory uses (such as resident/community recreation rooms or pools) that support the residential units are permitted.
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Other permitted uses include public parks, recreation facilities, and public buildings and facilities.”
Surrounding Uses: The site is surrounded by existing multi-family residential to the north and east, and commercial and office uses to the west and south. The subject site is located at the southern city border. Therefore, the properties and their uses located to the south of the project site are outside the city limits. Table A below further describes the land uses for the surrounding properties:
Table A - Project Surroundings
Existing Uses General Plan Zoning
North Multi-Family
Residential
Arrow Highway Specific Plan C-HR
South Commercial/Office Unincorporated Los Angeles
County
Unincorporated
Los Angeles County
East Multi-Family
Residential
Arrow Highway Specific Plan C-HR
West Commercial/Office Arrow Highway Specific Plan C-HR Arrow Highway Specific Plan
The property is located along Glendora’s southern jurisdictional boundary on Arrow Highway. In April 2014, the Glendora City Council identified the creation of a specific plan for Arrow Highway as part of the City’s Strategic Plan to enhance economic development with community involvement and allocated funding for a community planning effort targeting this corridor.
On September 25, 2018, the City Council adopted the Arrow Highway Specific Plan (AHSP). The goal of the specific plan was to provide policy direction regarding how the Arrow Highway Corridor area can be transformed and revitalized. A primary objective of the plan is to provide for a transition of uses that is responsive to market forces and supports the overall economic development and livability goals of the City.
The vision that the stakeholders and community members had when creating the Arrow Highway Specific Plan included envisioning a thriving, multimodal corridor that provided a range of housing options. Additionally, one of the main objectives include the following:
OBJECTIVE 3: Broaden Housing Options – “Redevelop older housing and provide new for sale and for rent housing in ‘stand alone,’ mixed-use, and/or senior housing options, particularly near neighborhood services and close to transit connections.” OBJECTIVE 7: Enhance Livability and Character – “Improve the area’s aesthetic appeal with the reuse/redevelopment of older buildings and shopping centers, attractive architectural styles, landscaping, public art, welcoming gateway elements, and unified street furniture and signage. Increase police visibility, ‘eyes on the street,’ and upkeep of underutilized lots. Ensure efficient infrastructure to support future growth.” Item #4. Page 22
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OBJECTIVE 8: Implement Catalytic Infill Projects – “Pursue development and redevelopment projects to create the greatest level of positive change and stimulate additional public and private investment. Rehabilitate older buildings and support new uses for development on vacant lots. Encourage consolidation of underutilized parcels to create more viable development opportunities.”
Additionally, the Arrow Highway Specific Plan has the following quote that is relevant to the site and proposed development:
“Residential development will be encouraged to support the economic viability of the commercial and entertainment uses.”
PROJECT ANALYSIS:
Proposed Subdivision
The existing site is 1.9 acres and would be subdivided for residential condominium purposes (Tentative Tract Map No. 83901) to create a 46-unit residential townhouse development. The proposed development establishes exclusive private areas and common areas and defines ownerships that can be acquired and sold by future homeowners. The proposed plans are included in Attachment D.
Required findings for approval of a tentative tract map are contained within the California Subdivision Map Act and are outlined within the attached draft resolution (Attachment A).
Development Plan Review (DPR)
The applicant has requested a DPR related to the project’s development plans. Pursuant to GMC §21.02.040 (B), “Projects requiring development plan review (the reviewing body is in parenthesis):…
(2) Multiple-family projects-Apartments, condominiums and cooperatives (commission); a. 1-10 dwelling units, 1-10 units, allow by-right (Applicants apply directly for building permits); b. 11-25 dwelling units (director);
c. More than 25 dwelling units (commission);.”
Pursuant to the GMC, the purpose of the DPR is to, “provide 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.” The proposed residential project is comprised of 46 attached, three-story, residential condominium townhomes with two-car garages on 1.9 acres of land. The proposed site is designed and graded to be physically suitable for the 46-unit, residential condominium townhome development. The project density of 46 units is less than the allowed maximum (30 dwelling units per acre) and consistent with the minimum dwelling units per acre (80 percent of the maximum = 46.56).
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Therefore, the proposed project will conform to the City’s current residential density for the zone in place for the Arrow Highway Corridor.
The proposed residential development is composed of eight rowhouse buildings (5-6 units each).
There will be five different floor plan types that include the following:
Table B Unit Break Down by Floor Plan Type
Plan 1 Plan 2 Plan 3 Plan 4 Plan 5
No. of Units 4 30 8 2 2
Bedroom Count 3 3 2 3 3
Bathroom Count 3 3.5 2.5 3.5 3.5
Area of 1st Floor 423 s.f. 313 s.f. 99 s.f. 317 s.f. 64 s.f.
Area of 2nd Floor 834 s.f. 648 s.f. 518 s.f. 654 s.f. 673 s.f.
Area of 3rd Floor 675 s.f. 675 s.f. 586 s.f. 705 s.f. 774 s.f.
Total Living Area 1,932 s.f. 1,636 s.f. 1,203 s.f. 1,676 s.f. 1,511 s.f.
Porch Area 62 s.f. n/a 24 s.f. n/a n/a
Garage Area 447 s.f. 457 s.f. 454 s.f.
(tandem garage) 461 s.f. 483 s.f.
Storage Area 250 s.f. 201 s.f. 156 s.f. 207 s.f. 209 s.f.
Table C below illustrates that the project complies with the maximum height, floor area ratio (FAR), and related development standards for development within Transformative District 2, as follows:
Table C Transformative District 2: Design Standards
Required Proposed
Building Placement
Ground Floor
Front Setback
15 feet minimum, 25 feet maximum;
all shall be landscaped 17 feet
Amenity Zone 15-25 feet, including amenities 17 feet
Existing, Adjacent Use Existing, Adjacent Use
New Use NonResidential
Multi-Family
Residential New Use Non-Residential Multi-Family Residential Side and Rear
Setback
(Minimum)
Residential 10 feet 10 feet Residential West -15 feet East - 15 feet North - 51.5 feet
Building Form
Building Length
(Maximum) 200 feet Approximately 127 feet (Maximum, Buildings A & F) Upper Floor
Stepbacks (If
Adjacent to
Residential Use)
Second Story: 15 feet required adjacent
to residential use
Third Story: 20 feet required adjacent to
residential use
Second Story: 15 feet
Third Story: 21 feet
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Encroachments:
Front
Architectural features may project 5 feet
(maximum) into front setback Not applicable
Encroachments:
Rear Not Permitted Not applicable
Maximum Height and Related Standards
Building Height 3 stories, not to exceed 45 feet 3 stories, not exceeding 36 feet Interior Height
Ground floor shall provide
a minimum of 10 feet in interior (finished
floor to ceiling) height
10 feet
The architectural styling for the homes has been referred to by the applicant as Contemporary and the elevations are nicely articulated and carefully detailed with exterior elements that include white and blue color stucco, grey wood horizontal stucco, contrasting color painted window trim (white, dark grey, and crimson), dark grey canopies, dark brown trellises and gates, and brick veneer.
Required findings for approval of a DPR are contained within GMC §21.02.040 (F) and are outlined within the attached draft resolution (Attachment A).
Circulation, Parking, Transportation, Pedestrians
The proposed site plan for the residential development includes two 26-foot-wide private driveways located at the south property line. Both driveways meet where they connect in the parking area at the rear of the property. The driveways traverse the entire development where they access all the units and their garages and the guest parking at the rear of the property. The entrances will not be gated.
Based on a review of the submitted plans the residential project requires a total of 119 parking spaces. The applicant will be providing 119 total parking spaces (92 garage spaces and 27 open spaces). This proposed parking satisfies the Glendora Municipal Code (GMC) requirements as follows:
Residential dwellings:
8 units (2 bedroom) x 2 = 16 spaces
38 units (3 bedroom) x 2.2 =83.6 (rounded up to 84) spaces Guest Parking: 46 units x 0.4 = 18.4 (rounded up to 19) spaces Total Parking Required = 119 spaces
Bike parking
Pursuant to AHSP: “Regardless of land use, onsite, designated, secured bicycle parking shall be provided at a ratio of 0.25 bicycle parking space per required vehicle parking space… Bicycle parking spaces provided for residential use shall be covered, secured, and located separately from bicycle parking spaces provided for nonresidential use”. Based on these standards, 29.75 bicycle parking spaces are required (based on 0.25 x 119).
The proposed plans indicate each residential unit will have a wall bicycle rack in their garage thereby providing 46 racks total. Additional racks are being proposed within the common areas for additional bicycle spaces.
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Pedestrian access
The GMC includes a statement regarding circulation: “The circulation system shall be designed to provide separate vehicular and pedestrian circulation systems”. The proposed project includes four pedestrian access pathways to Arrow Highway. Additionally, there are four units located along Arrow Highway that have walkways that directly connect to Arrow Highway.
Corridor-wide Amenity Zone
As previously stated, the southern city limit is along Arrow Highway. The City does not have jurisdiction over most of the Arrow Highway right-of-way. So that there are good aesthetics and create better street life, the Arrow Highway Specific Plan created the “Amenity Zone” which is a 15 to 25-foot setback from the front property line that includes landscaping and amenities.
The AHSP states:
The Amenity Zone is a setback from the front property line, which shall be landscaped and/or programed with pedestrian amenities. Street trees shall be planted within the Amenity Zone at the property line. Possible pedestrian amenities include but are not limited to landscaping amenities (at-grade planting strips, planter boxes), place making amenities (plazas, paseos, kiosks, public art, exterior seating/dining tables, and streetscape amenities (sheltered benches, drinking fountains, bike racks or lockers, refuse receptacles) etc.
The Amenity Zone is a section of private properties that interfaces with the public realm — sidewalks and streets. Landscaping and urban design features that create an inviting and interesting streetscape will be required within Amenity Zone. Through land use regulations, developments within the Arrow Highway street frontage will be required to create programmable pedestrian spaces (i.e. plazas, paseos, courtyards) within the Amenity Zone to improve the interface between the public and private realms.
Developments will:
o Maintain a continuous building edge when possible, along Arrow Highway; Amenity Zone Diagram
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o Use front setback area for outdoor dining or some other public space component;
o Limit their building setbacks to concentrate activity near/along the public realm, thus fostering a walkable environment;
o Improve pedestrian safety by including pedestrian oriented lighting, water fountains, benches;
o Widen sidewalks, where feasible; and/or
o Include Green Streets elements such as bioswales, where feasible.
The proposed conceptual landscape plans include the proposed landscaping throughout the property, including the Amenity Zone. The project includes landscape amenities, such as large street trees within planter boxes and planting strips, and place-making amenities such as a courtyard with benches, within the proposed Amenity Zone.
Arrow Highway – Los Angeles County
The jurisdictional boundary between the City of Glendora and Los Angeles County is the property line of the proposed development. All the public right-of-way areas (sidewalk and street) for Arrow Highway are within the jurisdiction of Los Angeles County. Consequently, Los Angeles County Public Works review and approval is required for drainage, sewer, vehicle access, and road and sidewalk area improvements. Los Angeles County Public Works has reviewed the proposal and project plans. Conditions of approval have been incorporated into the draft resolution (Attachment A).
Landscaping
GMC §21.03.020(D)(5) states that: All land not covered by structures, walkways, driveways and parking shall be landscaped and irrigated with an automatic irrigation system installed in accordance with the Uniform Plumbing Code. The plant material shall be of drought tolerant species and permanently maintained. Berms, walls and/or hedges shall be used in the required setbacks to separate parking facilities from abutting streets. The final landscaping plan must demonstrate compliance with the California State Model Water Efficiency Ordinance (MWELO).
In order to ensure compliance with these landscaping requirements, staff has included a condition of approval requiring that a landscape review application for the final landscape plan and MWELO compliance be submitted for review and approval by City staff prior to the issuance of building permits. A conceptual landscape plan is included with the project plans (Attachment D) and indicates the planting of approximately 13 species of trees and 27 species of shrubs and ground cover.
Recommendation:
Approval to the City Council for the requested Tentative Tract Map No. 83901 and Development Plan Review for a three-story multi-family residential project of 46 townhomes on certain property located at 1201-1215 E. Arrow Highway, Glendora, California (Project No. PLN23-0015). The project meets necessary requirements, will provide needed housing units to the City, and help revitalize the Arrow Highway Corridor.
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CITY OF GLENDORA
SAKE
TENTATIVE TRACT MAP 83901
1 5
TENTATIVE TRACT MAP 83901
1201 ARROW HIGHWAY
SAKE ENGINEERS INC -AN8ARY 202
PORTIONS OF LOT A OF ANITA RANCHITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR RESIDENTIAL CONDOMINI8M P8RPOSES
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CITY OF GLENDORA
SAKE
TENTATIVE TRACT MAP 83901
2 5
TENTATIVE TRACT MAP 83901
1201 ARROW HIGHWAY
SAKE ENGINEERS INC. -ANUARY 202
PORTIONS OF LOT A OF ANITA RANCHITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ARROW HIGHWAY FOR RESIDENTIAL CONDOMINIUM PURPOSES
LOT 1
C.L. VALLEY CENTER AVE. CITY OF GLENDORA COUNTY OF LOS ANGELES C.L. SUNFLOWER AVE.
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CL
NO PARKING A A B B CITY OF GLENDORA SAKE CONCEPTUAL GRADING PLAN35 CONCEPTUAL GRADING PLAN 1201 ARROW HIGHWAY SAKE ENGINEERS INC. -ANUARY 202 SECTION AA SECTION BB ─Ԁ̀ CONSTRUCTION NOTES: C C SECTION CC LEGEND: ABBREVIATIONS: OF ANITA RANCHITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ARROW HIGHWAY ARROW HIGHWAY FOR RESIDENTIAL CONDOMINIUM PURPOSES CONTECH BMP DETAIL: CONTECH BMP CONNECTION DETAIL: C.L. VALLEY CENTER AVE. C.L. SUNFLOWER AVE. D D SECTION DD \\Nas-new\data\projects\CI GLENDORA\JN3439 Abell Townhomes\Civil\SITEPLAN-REV1.dwg, CONCEPT GRADE, 1/25/2024 8:40:41 AM, 1:20
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1 12 13 18 3 8 19
2 7 2425 23 26 27 NO PARKING GUEST GUEST GUEST EV GUEST EV GUEST EV GUEST EV EV EV GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST GUEST
CITY OF GLENDORA
SAKE
4 5
TTM 83901 UTILITIES
1201 ARROW HIGHWAY
SAKE ENGINEERS INC -ANUARY 2024
CONSTRUCTION NOTES:
LEGEND:
ABBREVIATIONS:
OF ANITA RANCHITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 128 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ARROW HIGHWAY
FOR RESIDENTIAL CONDOMINIUM 3UR3OSES
TTM 83901 UTILITIES
TY3ICAL WATER METER ASSEMBLY
QUANTITIES:
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CITY OF GLENDORA
SAKE
TTM 83901 TOPOGRAPHIC
5 5
TTM 83901 TOPOGRAPHIC
1201 ARROW HIGHWAY
SAKE ENGINEERS INC -AN8ARY 202
LEGEND:
ABBREVIATIONS:
OF ANITA RANCHITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 128 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ARROW HIGHWAY
ARROW HIGHWAY
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Item #4. Page 52
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NOTICE OF PUBLIC HEARING
City Council
__________________________________________
NOTICE IS HEREBY GIVEN that the City Council the City of Glendora will hold a public hearing pursuant to §21.01.030(E), §21.02.040, and Title 20 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: April 23, 2024, at 7:00 p.m.
Case Number: PLN23-0015
(Development Plan Review and Tentative Tract Map No. 83901) Subject Property: 1201-1215 E. Arrow Highway (APNs 8653-028-016, 017, 018, & 019) Request: A request for a Development Plan Review for a 3-story multifamily residential project of 46 townhomes, that also includes a Tentative Tract Map to subdivide the 1.93 acre site for residential condominiums. To accommodate the residential development, the existing structures will be demolished.
Applicant: Abell-Helou Homes, Inc.
General Plan / Zoning: Arrow Highway Specific Plan / AHSP Corridor High Density Residential Environmental: An Environmental Impact Report (EIR) was prepared for the Arrow Highway Specific Plan (AHSP) [State Clearinghouse #2017041043] and adopted by the Glendora City Council on September 25, 2018. This EIR included the full analysis for future construction of up to 739 residential units at realistic buildout within Glendora’s portion of the Arrow Highway corridor. The AHSP’s EIR is applicable to all future residential development plans if they are in conformance with the specific plan, thus requiring no further environmental documentation. Therefore, if the subject proposal for 46 residential homes is approved with a determination that it follows the specific plan’s intent than no further environmental review is necessary. As such a CEQA Notice of Exception (NOE) has been prepared for this project, which if approved will be submitted as the project’s CEQA compliance.
Item #4. Page 53
Meeting Date: 4/23/2024 / Packet Page #: 60
Contact Person: Natalie T. Espinoza, Senior Planner
[email protected] / (626) 917-8213
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, within those hours for agenda posting and public inspection as required by the Ralph M. Brown Act, California Government Code §54950 et seq. as applicable to this meeting.
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 Planning Commission at, or prior to, the public hearing.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Mailed: April 11, 2024
Published San Gabriel Valley Examiner: April 11, 2024
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 April 11, 2024.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Project Location:
1201-1215 E. Arrow Highway
Item #4. Page 54
Meeting Date: 4/23/2024 / Packet Page #: 61
1201-1215 E.
Arrow Highway
Community Development Department
City Council
April 23, 2024
Natalie T. Espinoza, Senior Planner
CityOfGlendora.org
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PROJECT
LOCATION
2 Item #4. Page 56
Meeting Date: 4/23/2024 / Packet Page #: 63
3 APPLICATION/PROJECT REQUEST
1. Tentative Tract Map No. 83901 to subdivide land to create 46 residential condominium townhomes.
2. Development Plan Review for approval of the project’s development plans.
3. CEQA Notice of Categorical Exemption of the California Environmental Quality Act Guidelines.
Item #4. Page 57
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EXISTING PROJECT SITE
4 Item #4. Page 58
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PROPOSED
SITE PLAN
5 Item #4. Page 59
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LANDSCAPE
SITE PLAN
6 Item #4. Page 60
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FLOOR PLANS
7 Item #4. Page 61
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FLOOR PLANS
8 Item #4. Page 62
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STREET VIEW RENDERING
9 Item #4. Page 63
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GENERAL PLAN GOALS & POLICIES
Land Use Element
Goal LU-5: Expanded residential development opportunities. Policy LU-5.2: Provide for expanded infill residential opportunities in appropriately designated areas in the City. Goal LU-7: A diverse range of housing choices.
Policy LU-7.1: Provide opportunities for the development of housing at a variety of affordability levels and densities that respond to the various needs of future residents.
Goal LU-10: Quality infill development.
Policy LU-10.1: Ensure the design and development of infill projects compliments existing development in terms of scale, character, and pedestrian quality.
Goal LU-18: Compatibility of adjacent land uses.
Policy: LU18.1: Ensure the preservation of a scale and character of development is sensitive to adjoining uses.
Housing Element:
GOAL 3: Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure to accommodate the City’s share of the regional housing need.
•
Policy 3.1: Implement land use policies that allow for a range of residential densities and products, including low-density singlefamily uses, moderate-density townhomes, and higher-density apartments, condominiums, and units in mixed-use
development.
•
Policy 3.2: Encourage development of residential uses in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
•
Policy 3.5 Ensure that residential development sites have appropriate and adequate services and facilities, including water, wastewater, and neighborhood infrastructure.
•
Policy 3.6 Support the assembly of small vacant or
underutilized parcels to enhance the feasibility of infill development. 10
Item #4. Page 64
Meeting Date: 4/23/2024 / Packet Page #: 71
NOTICING/PREVIOUS ACTIONS
On April 11, 2024
• Notices were mailed out to all property owners within 500 feet • Notice was also published in San Gabriel Valley Examiner 11 On April 2, 2024
• Planning Commission recommended approval to City Council Item #4. Page 65
Meeting Date: 4/23/2024 / Packet Page #: 72
12 RECOMMENDATIONS
1. Adoption of a CEQA Notice of Exemption / Categorical Exemption; and
2. City Council approve the Resolution for Tentative Tract Map No. 83901 and Development Plan Review (Project File No. PLN23-0015)
Item #4. Page 66
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 23, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: A PUBLIC HEARING TO CONSIDER THE FY 2024-2025 ANNUAL ACTION PLAN AND SUBSTANTIAL AMENDMENT TO THE FY 2023-2024 ANNUAL ACTION PLAN FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
RECOMMENDATION
That the City/Agency/Authority Council:
Open and Conduct the Public Hearing, accept evidence and testimony presented, close the hearing and in the absence of evidence and testimony to the contrary:
1. Approve the CDBG Annual Action Plan FY 2024-2025;
2. Authorize staff to adjust funding levels based on actual allocation;
3. Approve the Substantial Amendment to the CDBG Annual Action Plan FY 2023-2024; and
4. Authorize the City Manager to submit the Annual Plan Application and Substantial Amendment for CDBG funding to the Department of Housing and Urban Development (HUD).
STRATEGIC FOCUS AREAS
Goal 2: Maintain Financial Stability and Sustainability (MFSS) Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)
EXECUTIVE SUMMARY
The Community Development Block Grant (CDBG) entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderateincome persons. The U.S. Department of Housing and Urban Development (HUD) administers this program and determines the amount of each jurisdiction’s grant by using a formula comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas.
The City of Glendora annually receives a CDBG entitlement allocation and is therefore required to apply for funding directly to HUD by way of submitting an Annual Action Plan FY 2024-2025. In addition to consideration of the FY 24-25 Annual Action Plan, staff is proposing Council’s consideration of a substantial amendment to last year’s FY 23-24 Annual Action Plan to increase the amount of funding allocated to the Public Works infrastructure project.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The CDBG Program is authorized under Title I of the Housing and Community Development Act of 1974.
On March 12, 2024, City Council held the first of two required public hearings opening the public review period for the activity planned for the 2024-2025 Annual Action Plan and the proposed Substantial Amendment to the current 2023 - 2024 Annual Action Plan.
Item #5. Page 1
Meeting Date: 4/23/2024 / Packet Page #: 74
Staff Report Page 2 of 4
At the May 9, 2023 City Council Meeting, the City Council approved the current CDBG Five Year 2023 – 2028 Consolidated Plan, which included the FY 2023-2024 Annual Action Plan.
DISCUSSION
Five Year Consolidated Plan: Every five years, the CDBG program requires the City to adopt a "Consolidated Plan," which establishes the priority goals of the City’s CDBG program for the five (5) subsequent Annual Action Plans. The established goals are required to meet one of three CDBG National Objectives:
1. Provide a benefit to low and moderate income persons;
2. Eliminate slum and blight;
3. Meet an urgent community need.
Last year, the City adopted the Consolidated Plan for the five-year period covering 2023 through 2028.
During the development of the 2023 - 2028 Consolidated Plan, the following priority needs and objectives were established:
1. Infrastructure and Public Facilities: Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents.
2. Economic and Human Development: Provide for the economic development needs of low- and moderate- income persons and neighborhood target areas.
3. Public Services: Provide supportive services for the City’s low- and moderate-income residents and persons with special needs.
4. Fair Housing: Promote fair and equal housing choice for all persons, promote housing that is accessible to and usable by persons with disabilities, and comply with the non-discrimination requirements of the various Fair Housing laws.
5. Administration and Planning: Provide for administration and planning activities to develop housing and community development strategies and programs needed to carry out actions that address identified needs in the Consolidated Plan.
These established Priority Needs form the basis for allocating CDBG investments within the City during the five-year period and are a result of various community outreach efforts and consultation meetings developed under the Citizen Participation process.
Only eligible activities that received a high priority level in the 2023 - 2028 Consolidated Plan will be funded during the next five-year period.
2024 – 2025 Annual Action Plan:
The Annual Action Plan for FY 2024 - 2025 is the second year under the Five-Year Consolidated Plan and serves as the City’s application for funding from HUD. HUD has not yet released CDBG funding allocations for the 2024-2025 fiscal year, however the City must meet certain statutory deadlines in submitting its annual Acton Plan while allowing for a 30 day citizen participation period, as such staff is estimating an allocation of $289,932 based on last year’s allocation. In addition to the annual allocation, the City also has $171,577 in Program Income to use for FY 2024-2025 activities. Combined with the anticipated entitlement allocation, a total of $461,509 is expected to be available in FY 2024-2025.
Based on the limited amount of resources available to the City, statutory restrictions, and the Priority Needs established, the following activities are included in the FY 24-25 CDBG One-Year Annual Action Plan:
Item #5. Page 2
Meeting Date: 4/23/2024 / Packet Page #: 75
Staff Report Page 3 of 4
ACTIVITY-PROJECT
Amount
(estimated)
Annual Entitlement
Allocation Percentage
(actual)
General CDBG Administration $37,986
Fair Housing $20,000
Administration and Fair Housing Sub-Total: * $57,986 20% 2024-2025 Street Improvement/Accessibility Project
Allocation Amount: * $231,946 80%
Program Income: $171,577
Infrastructure Sub-Total: $403,523
TOTAL CDBG BUDGET FOR FISCAL YEAR 2024 - 2025: $461,509 100% plus program income
*2024-2025 Annual Allocation: $289,932
Final Funding Allocation and Adjustments:
HUD requires that submission of the application includes the actual allocation amount, however as mentioned, HUD has not yet announced the actual allocation amount. Staff recommends City Council’s approval of the following adjustment methodology once the final allocation amount is announced.
Decrease in Allocation (amount is less than $289,932):
Fair Housing will receive $20,000;
General CDBG Administration amount will be decreased to an amount such that the cumulative amount of Fair Housing and General Administration will total 20% of the annual entitlement allocation amount; and
The Capital, street improvement/accessibility project will be allocated the remaining 80% of the annual entitlement allocation amount in addition to the Program Income amount of $171,577.
Increase in Allocation (amount is greater than $289,932):
Fair Housing will receive $20,000;
General CDBG Administration amount will be increased to an amount such that the cumulative amount of Fair Housing and General Administration will total 20% of the annual entitlement allocation amount; and
The Capital, street improvement/accessibility project will be allocated the remaining 80% of the annual entitlement allocation amount in addition to the Program Income amount of $171,577. 2023 – 2024 Substantial Amendment:
The Public Works application for the 2023-2024 infrastructure project requested $300,000, however the project was allocated $231,946, a smaller amount based on the entitlement allocation and funds available at the time. The City has since identified additional CDBG funds which are proposed to be added to the 2023-2024 project. Those funds include $17,865 in savings from FY 2021-2022 projects and $37,059 in prior year unallocated funds. The City proposes to add the total amount of $54,924 as shown below.
Initial 2023-2024 Allocation to Street Improvement/Accessibility Project: $231,946 Proposed Additional Funding: $54,924
$17,865 in savings from FY 2021-2022 projects
$37,059 in prior year unallocated funds
Total Proposed Amended Allocation: $286,870
Draft Documents for Public Review:
The Drafts of the Annual Action Plan for FY 2024 – 2025 and the Substantial Amendment to the Annual Action Plan for FY 2023 - 2024 were available for a 30-day public review at the offices of the City Clerk and Community Development Department, both located at 116 E. Foothill Blvd., Glendora CA 91741, Monday through Friday, between 8:00a.m. and 5:00 p.m., beginning March 22, 2024 and ending April 23, Item #5. Page 3
Meeting Date: 4/23/2024 / Packet Page #: 76
Staff Report Page 4 of 4
2024.
Tonight’s Public Hearing serves as the second and final Public Hearing for Annual Action Plan for FY 2024-2025 and the Substantial Amendment. The City Council is asked to approve staff’s recommended allocations for FY 2024 - 2025, the adjustment methodology to be applied, if necessary, once the final allocation is announced, the substantial amendment for FY 2023 - 2024, and to authorize the submission of the documents to the U.S. Department of Housing and Urban Development thereafter.
FISCAL IMPACT
This is the second and final review of the activity planned for FY 2024-2025, and amendment to the activity planned for FY 2023 - 2024. It is being submitted for City Council review and approval to comply with HUD annual CDBG grant citizen participation requirements.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By Valerie Velasquez, Housing & Economic Development Manager Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Notice of Public Hearing
B. FY 2024 – 2025 CDBG Annual Action Plan
C. FY 2023 – 2024 Substantial Amendment
D. Presentation
Item #5. Page 4
Meeting Date: 4/23/2024 / Packet Page #: 77
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
PAGE 1
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.
Glendora, CA 91741
(PLEASE SEE PAGE 2 FOR AD COPY)
NOTICE OF PUBLIC HEARING
To receive and consider public input on needs and resources relative to the Community Development Block Grant (CDBG) One-Year Action Plan for Fiscal Year 2024-2025 and a Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan
(GB07)
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:
February 29, 2024
I declare under penalty of perjury that the
foregoing is true and correct.
Executed in the City of Glendora, Los Angeles
County, California
On this 29th day of February 2024.
Signature
Item #5. Page 5
Meeting Date: 4/23/2024 / Packet Page #: 78
PAGE 2
NOTICE OF PUBLIC HEARING
Glendora City Council
_____________________________________________
NOTICE IS HEREBY GIVEN that the Glendora City Council will hold a public hearing in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, on Tuesday, March 12, 2024 at 7:00 p.m. to receive and consider public input on needs and resources relative to the Community Development Block Grant (CDBG) One-Year Action Plan for Fiscal Year 2024-2025 and a Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan.
PUBLIC HEARING MEETING LOCATION AND DATE
The City of Glendora is requesting public input on its Community Development Block Grant (CDBG) Program at 7:00 P.M., at its March 12, 2024 City Council meeting. The draft 2024-2025 Annual Action Plan and draft First Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan documents will be available on March 22, 2024 for a 30-day public review, ending April 23, 2024. A second public hearing will be held on April 23, 2024 to approve submittal of the 2024-2025 Plan and 2023- 2024 Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD).
In compliance with the American with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City of Glendora’s City Clerk’s Office at (626) 914-8210.
Notification 48 hours prior to the March 14, 2023 City Council meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
BACKGROUND
Consolidated Plan: Every five years, the CDBG program requires that the City adopt a “Consolidated Plan,” which establishes the goals and objectives of the City’s CDBG program. During the development of this 2023-2028 Consolidated Plan, which forms the basis for establishing objectives and outcomes in the Strategic Plan and five (5) subsequent Annual Action Plans, the following priority needs and objectives were established:
1. Infrastructure and Public Facilities: Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents.
2. Economic and Human Development: Provide for the economic development needs of low- and moderate- income persons and neighborhood target areas.
3. Public Services: Provide supportive services for the City’s low and moderate income residents and persons with special needs.
4. Fair Housing: Promote fair and equal housing choice for all persons.
5. Administration and Planning: Provide for administration and planning activities to carry out actions that address identified needs in the Consolidated Plan.
These established Priority Needs form the basis for allocating investments geographically within the City during the next five-year period and are a result of various community outreach efforts and consultation meetings developed under the Citizen Participation process.
Annual Action Plan (FY 2024-2025): The Annual Action Plan is part of the Five-Year Consolidated Plan and serves as the City’s application for funding from HUD. The City of Glendora will receive an allocation of approximately $289,933 of CDBG funds for FY 2024-2025. The Federal Budget has not been approved at this time, however the City must meet certain statutory deadlines in submitting its annual Acton Plan and allowing for citizen participation, as such staff has developed this allocation amount based on last year’s allocation. Once the official allocation for Glendora is released from HUD, staff will revise the budget with an allocation of 20% for Administration and Fair Housing and 80% for Infrastructure. Final figures, if available, will be presented at the April 23, 2024 meeting for adoption of the Annual Action Plan.
In addition to the annual allocation, the City also has $171,577 in Program Income to use for FY 2024-2025 activities. Combined with the anticipated allocation, a total of $461,510 is expected to be available in FY 2024-2025.
CDBG 2024-2025 Allocation: $289,933 (estimate)
Available Program Income: $171,577
Total: $461,510
The CDBG funding may be allocated to the following types of eligible projects:
1. Acquisition: by purchase, long-term lease, and donation of real property for an eligible public purpose.
2. Disposition: of real property acquired under the CDBG Program.
3. Construction and Rehabilitation: of certain publicly owned facilities, such as (a) senior citizen centers; (b) parks and playgrounds; (c) community centers; (d) fire protection facilities and equipment; (e) sidewalks and street improvements; (f) water and sewer systems.
4. Rehabilitation of publicly and privately owned housing: for low-and moderate-income households.
5. Public Services: which are new or expanding, and directed toward meeting employment, crime prevention, child care, drug abuse prevention, homeless assistance, or other community service needs.
6. Removal of Architectural Barriers: that restricts the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned buildings, facilities, and improvements.
7. Special Economic Development Activities: that provide grants, loan guarantees and other forms of necessary or appropriate support to private “for profit” businesses to provide increasing employment opportunities and other public benefit.
While funding amounts are somewhat flexible, there are statutory limitations that restrict the amount of funding for Planning and Administration costs to not more than 20 percent of the annual grant allocation and limit public services to 15 percent of the annual grant allocation.
Based on the limited amount of resources available to the City, statutory restrictions, and the Priority Needs established, staff recommendations for the FY 2024-2025 CDBG One-Year Annual Action Plan are as follows:
ACTIVITY AMOUNT
General CDBG Administration $37,986
Fair Housing $20,000
Administration and Fair Housing Sub-Total $57,986
2024 Street Improvement /Accessibility Project $403,524 Infrastructure Sub-Total $403,524
Total CDBG Allocation for Fiscal Year 2024-2025 $461,510 Substantial Amendment (FY 2023-2024): The original CDBG funding for this project was $231,946.
The amount was based on available funding at that time. Based on bids received, the amount is not adequate to complete the project. The City has since identified additional CDBG funds which they propose to add to the FY 2023-2024 Street Improvement / Accessibility Project. Those funds include $17,865 in savings from FY 2021-2022 projects and $37,059 in prior year unallocated funds. The City proposes to add the total amount of $54,924 as shown below.
FY 2023-2024 Street Improvement / Accessibility Project Installation of accessibility ramps from sidewalks to the street to create a safe path of travel for seniors and the disables in Census Tract 4039.02, Block Groups 1 and 3.
Current Funding: $231,946
Proposed Additional Funding:
· Savings from FY 2021-2022 projects: $17,865
· Prior year unallocated funds: $37,059
Total Cumulative Allocation: $286,870
PUBLIC REVIEW AND COMMENT PERIOD
All interested persons are invited to the Public Hearing to comment on the City’s proposed 2024- 2025 Annual Action Plan and proposed 2023-2024 Substantial Amendment. In addition, written comments may be submitted to the City prior to the public hearing and during the 30-day public comment period.
Comments from the public hearing and those submitted to staff during the comment period will be addressed in the final version of the Plans submitted to the U.S. Department of Housing and Urban Development. 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 public hearing and during the 30-day public comment period. Comments and questions can be addressed to:
City of Glendora, 116 E. Foothill Boulevard, Glendora, CA 91741 Valerie Velasquez, Economic Development and Housing Manager [email protected] | (626) 914-8292
Commencing March 22, 2024, related documents 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 and the Community Development Department between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays, within those hours for agenda posting and public inspection as required by the Ralph M. Brown Act, California Government Code 54950 et seq. as applicable to this meeting.
1. OFFICE OF THE CITY CLERK: 2. COMMUNITY DEVELOPMENT DEPT.
Glendora City Hall Glendora City Hall
116 E. Foothill Boulevard 116 E. Foothill Boulevard
Glendora, CA 91741 Glendora, CA 91741
(626) 914-8210 (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
Publish in the San Gabriel Valley Examiner on February 29, 2024. #GB07 Item #5. Page 6
Meeting Date: 4/23/2024 / Packet Page #: 79
FY 2024-2025 Annual Action Plan
(July 1, 2024 through June 30, 2025)
City of Glendora
March 2024
City of Glendora
Planning Department
116 E. Foothill Blvd.
Glendora, CA 91741
Item #5. Page 7
Meeting Date: 4/23/2024 / Packet Page #: 80
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
Introduction
Each year, the City of Glendora participates (as an entitlement jurisdiction) in the Community Development Block Grant Program (CDBG). This program is administered by the US Department of Housing and Urban Development (HUD), and provides funding for a variety of different projects, with eligibility based on meeting the following national objectives: Benefitting low- and moderate-income persons; Eliminating slum and blight; or meeting a particularly urgent community need. This Annual Action Plan (Action Plan) is for the second year of the 2023-2027 Consolidated Plan (Con Plan).
As of the writing of this document, the actual amount of the FY 2024-2025 allocation has not been announced. Per HUD’s guidance, the City is preparing this document using an estimate of the FY 2024-2025 CDBG Entitlement based on prior year funding. The Action Plan includes a Contingency Plan (Appendix C) which outlines how funding for each project will be adjusted once the actual CDBG Entitlement allocations are announced. All prior year unallocated funds and program income amounts used in preparing this plan are actuals.
Due to the delay in the announcement of the FY 2024-2025 CDBG funding, HUD has waived the requirements at 24 CFR 570.200 (h) and will allow the City to incur pre-award costs until such time that HUD has approved the FY 2024-2025 Action Plan. Documentation of the need for the City to use the waiver is contained in the appendices to this document (Appendix D). Per the requirements at 24 CFR 570.200(h)(1)(ii) the City is providing the public with notification that these pre-award costs are limited to costs for those activities contained in this Action Plan, which comply with all HUD requirements.
The estimated FY 2024-2025 CDBG allocation is $289,933 (based on the FY 2023-2024 actual allocation). In addition, the City has $171,577 in Program Income which may be used to address the needs identified in the 2023-2027 Con Plan. Therefore, the amount estimated to be available for activities in this Action Plan is $461,510.
The City received a total of $446,187 in CDBG funds through the CARES Act (CDBG-CV). Those funds are part of the FY 2020-2021 Annual Action Plan (AAP). All CDBG-CV funds are allocated, and the activities funded are on-going. Progress made on CDBG Entitlement and CDBG-CV activities is reported below.
Item #5. Page 8
Meeting Date: 4/23/2024 / Packet Page #: 81
City of Glendora FY 2024-2025 Annual Action Plan 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Summarize the objectives and outcomes identified in the Plan.
The Con Plan establishes the goals and objectives of the City's CDBG program. The Con Plan includes a Needs Assessment, Strategic Plan, and the first year Annual Action Plan. During development of the 2023-2027 Consolidated Plan, the following priority needs were established:
• Infrastructure and Public Facilities: Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents. • Economic and Human Development: Provide for the economic development needs of low- and moderate-income persons.
• Public Services: Provide supportive services for the City’s low- and moderate-income residents and persons with special needs.
• Fair Housing: Promote fair and equal housing choice for all persons. • Administration and Planning: Provide for administration and planning activities to carry out actions that address identified needs in the Consolidated Plan.
These established priority needs are a result of various community outreach efforts and consultation meetings held as part of the citizen participation process. Given the limited resources the City will receive, the City will be relying on non-profit agencies to assist in addressing obstacles to meet underserved needs.
The City of Glendora continues to address the Con Plan Priorities identified to the greatest extent possible with the resources available. In FY 2024-2025 the City will use its funds to address three of the four Con Plan Priorities. $403,524 of the FY 2024-2025 of the entitlement allocation will be used to continue critical infrastructure improvements in low- and moderate-income neighborhoods. As allowed by regulations, $57,986 (20 percent of the estimated entitlement allocation) will be used for administration. Of that, $20,000 will be used to fund a grant to The Housing Rights Center to fund needed fair housing services for the residents of Glendora.
Evaluation of past performance
CDBG Entitlement Accomplishments
FY 2023-2024 was the first year of implementing the 2023-2027 Consolidated Plan. During the first two quarters of FY 2023-2024, the City was able to accomplish the following:
Public Facilities and Infrastructure Improvements: In FY 2023-2024, the FY 2021 Street Improvement Project was completed. This project was originally funded with FY 2021-2022 Entitlement funds and FY 2020-2021 Program Income. Additional FY 2022-2023 CDBG funds were also allocated to this activity. The project area was 52.60 percent low- and moderateincome, and 4,525 residents benefited.
Item #5. Page 9
Meeting Date: 4/23/2024 / Packet Page #: 82
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
The FY 2023 Street Improvement project is on-going. This project will create disabled accessibility curb cuts where none existed before and will benefit 3,585 residents and is taking place in an area with 51.7 percent low- and moderate-income households.
Economic and Human Development: During the first quarter of FY 2023-2024, 9 individuals were provided fair housing services through a CDBG-funded contract with The Housing Rights Center. In addition, the Los Angeles County Development Authority (LACDA) distributed 48 Housing Choice Vouchers.
CDBG-CV Accomplishments
The City used its CDBG-CV funds to prevent, prepare for, and respond to the coronavirus. From the initial allocation through the second quarter of FY 2023-2024, the following was accomplished:
Economic and Human Development: The City recognized the limited interest in the Small Business Assistance Loan program due to the small amount of funds available. Therefore, in FY 2020-2021, the City rolled over unspent program funds from previous years to allow for larger size loans. In FY 2021-2022, one new applicant was provided a loan of $14,862 to assist in paying her business location rent, which was in arrears. This project has been completed.
Emergency Rental Assistance: In FY 2019-2020, the City used CDBG-CV funds to create the COVID Emergency Rental Assistance Program. From inception through the second quarter of FY 2021-2022, 47 low- and moderate- income residents who were impacted by the pandemic were assisted with rental assistance. This project has been completed.
Summary of Citizen Participation Process and consultation process The citizen participation process utilized for the FY 2024-2025 Annual Action Plan included:
• Publishing a notice of available funding and request for applications on December 7 and December 14, 2023
• Conducting a Public Hearing before the City Council to discuss community needs, funding applications, and potential allocations on March 12, 2024 • Publishing a notice on February 9, 2024 of a 30-day public comment period on the draft FY 2024-2025 Action Plan and a second Public Hearing before the City Council on April 23, 2024
• Conducting a second public hearing before the City Council on April 23, 2024 to adopt the FY 2024-2025 Action Plan.
Public notices for the availability of funds, public comment period, and Public Hearings were published in the San Gabriel Valley Examiner, posted at City Hall, and posted on the City's website. Proof of publication for all public hearings and meetings can be found in Appendix A.
Item #5. Page 10
Meeting Date: 4/23/2024 / Packet Page #: 83
City of Glendora FY 2024-2025 Annual Action Plan 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
A 30-day public review was held from March 22, 2024 to April 23, 2024. Copies of the draft Action Plan were available for the public to read on the City website and at City Hall (Planning Department and Office of the City Clerk). Copies are also available for review by requesting in person or by telephone, fax, or e-mail. City staff ensured adequate notification of all public hearings. Advance notice of public hearings was published in newspapers of general circulation at least ten days prior to the meeting date and translation services were always available upon request for non-English speaking residents.
Additionally, the City ensured reasonable access to information and records related to the development of the Plan and to the expenditure of resources for programs funded by CDBG. The final Consolidated Plan, Annual Action Plans, amendments to the Plans, and annual performance reports will be available for five years at City Hall.
Summary of public comments
No public comments were received.
Summary of comments or views not accepted and the reasons for not accepting them.
No public comments were not accepted.
Item #5. Page 11
Meeting Date: 4/23/2024 / Packet Page #: 84
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Agency Role Name Department/Agency
Lead Agency Glendora City
CDBG Administration Glendora City Community Development Department
Table 1 – Responsible Agencies
The City of Glendora, through its Community Development Department, serves as the lead agency in coordinating the consolidated planning and submission process. The Community Development Department oversees and is responsible for administering the Community Development Block Grant (CDBG) program, which includes preparation of the Five-Year Consolidated Plan, the Annual Action Plan, and the Consolidated Annual Performance Evaluation and Review (CAPER).
Consolidated Plan Public Contact Information
Valerie Velasquez, Economic Development and Housing Manager Glendora City Hall
116 E. Foothill Boulevard Glendora, CA 91741
(626) 914-8292
Item #5. Page 12
Meeting Date: 4/23/2024 / Packet Page #: 85
City of Glendora FY 2024-2025 Annual Action Plan 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
Introduction
The City of Glendora consulted with key City departments in the development of the 2023-2027 Consolidated Plan including: Community Development Department, Transportation Division, City Manager’s Office, Recreation and Human Services Division, and Public Works. Information contained in the needs assessment was collected in consultation with public and quasi-public agencies and public service organizations detailed below. These agencies represented a wide range of needs including persons with HIV/AIDS, homeless persons, low-income youth, persons with disabilities, elderly persons, and persons with alcohol/substance abuse problems.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).
The City sought to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies by compiling information which will be used to update the City's webpage pertaining to services. The City continues to work closely with the private and government health, mental health, and service agencies below:
• University of Southern California Street Medical Team • Angeles County Department of Mental Health
• The Glendora Police Department
• Shepard’s Pantry
• Los Angeles County Food Bank
• YWCA San Gabriel Valley
• Glendora Ministerial Association
• Los Angeles County Homeless Initiative
• San Gabriel Valley Council of Governments (SGVCOG)
• San Gabriel Valley Homeless Consortium
• Los Angeles Homeless Services Authority (LAHSA)
• City of Glendora Homeless Taskforce
The City also attends a variety of meetings throughout the year that brings these types of agencies together.
Item #5. Page 13
Meeting Date: 4/23/2024 / Packet Page #: 86
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
In order to coordinate with the Continuum of Care the City reached out and requested input from the Elwood Family Apartments and the Glendora Public Library, East San Gabriel Valley Coalition for the Homeless, San Gabriel Valley Habitat for Humanity, La Fetra Senior Center, The Housing Rights Center, Shepherd’s Pantry, YWCA San Gabriel Valley (Wings Domestic Violence Program and Meals on Wheels), and the Glendora Welfare Association. The City also reviewed data provided by the Los Angeles Homeless Services Authority (LAHSA) and consulted with the Elwood Family Apartments and the Glendora Public Library. These efforts ensure the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness are addressed in the most effective way possible.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS.
The City does not receive ESG funds. However, the City works with the Los Angeles County Homeless Initiative to assist in the development of funding policies related to Measure H funding, and coordinates with LAHSA and East San Gabriel Valley Coalition for the Homeless that serve Glendora. The City’ efforts help these agencies in developing performance standards and evaluating outcomes, and developing funding, policies, and procedures for the administration of HMIS.
Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities.
Item #5. Page 14
Meeting Date: 4/23/2024 / Packet Page #: 87
City of Glendora FY 2024-2025 Annual Action Plan 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Agency/Group/
Organization
Agency/Group/
Organization Type
What section of the Plan was
addressed by Consultation?
How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
HOUSING RIGHTS
CENTER
Housing
Service-Fair Housing
Housing Need Assessment
Fair Housing Needs
Provided a review of Landlord/Tenant issues, top
discrimination biases reported from the City and
projected needs during the next five years.
HOUSING
AUTHORITY OF THE
COUNTY OF LOS
ANGELES
Housing
PHA
Other government - County
Housing Need Assessment
Public Housing Needs
Provided data pertaining to the Housing Choice
Voucher Program and statistics of Glendora residents
utilizing the program.
Elwood Family
Apartments
Housing Housing Need Assessment
Fair Housing Needs
Provided comments on affordable housing and need
for fair housing education, services for low-income
households, persons with disabilities, and victims of
domestic violence.
LA FETRA SENIOR
CENTER AND
INTERVAL SENIOR
SERVICES
Services-Elderly Persons
Neighborhood
Organization
Housing Need Assessment
Non-Homeless Special Needs
La Fetra Senior Center staff was contacted for data
pertaining to senior needs.
YWCA OF SAN
GABRIEL VALLEY
Services-Elderly Persons
Services-Victims of
Domestic Violence
Neighborhood
Organization
Housing Need Assessment
Non-Homeless Special Needs
YWCA of San Gabriel Valley was contacted for data
pertaining to senior needs and the needs of domestic
violence victims.
Glendora Public
Library
Services-Education
Services-Employment
Other government - Local
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Glendora Public Library was contacted for data
pertaining to special needs groups.
Item #5. Page 15
Meeting Date: 4/23/2024 / Packet Page #: 88
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
East San Gabriel
Coalition for the
Homeless
Services-homeless
Neighborhood
Organization
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
East San Gabriel Coalition for the Homeless was
contacted for data pertaining to homeless needs.
San Gabriel Valley
Habitat for
Humanity
Housing
Services - Housing
Housing Need Assessment San Gabriel Valley Habitat for Humanity was contacted for input pertaining to housing needs.
GLENDORA
WELFARE
ASSOCIATION
Housing
Services-homeless
Neighborhood
Organization
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
Non-Homeless Special Needs
Glendora Welfare Association was contacted for data
pertaining to homeless needs and those at risk of
homelessness.
Item #5. Page 16
Meeting Date: 4/23/2024 / Packet Page #: 89
City of Glendora FY 2024-2025 Annual Action Plan 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Shepherd's Pantry Housing
Services-homeless
Neighborhood
Organization
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
Non-Homeless Special Needs
Shepherd's Pantry was contacted for data pertaining
to homeless needs and those at risk of homelessness.
GLENDORA CITY Housing
Services-Education
Other government - Local
Housing Need Assessment
Lead-based Paint Strategy
Economic Development
Anti-poverty Strategy
Community Development Needs
The City of Glendora Economic Development,
Planning Department, Department of Public Works,
and Building and Safety Department were contacted
for data pertaining to economic development,
housing, lead-based paint and community
development needs.
Los Angeles County
Department of
Public Health
Housing
Services-Persons with
HIV/AIDS
Health Agency
Other government - County
Housing Need Assessment
Lead-based Paint Strategy
Non-Homeless Special Needs
The City of Glendora consulted with the Los Angeles
County Department of Public Health, Childhood Lead
Poisoning Prevention Program (CLPPP) to obtain
statistics on the number of children testing positive
for elevated blood levels signaling lead poisoning as
related to the Lead-based Paint Strategy. The City
also consulted with the Los Angeles County
Department of Public Health HIV/AIDS Epidemiology
Department to obtain data on the number of people
living with HIV/AIDS and their housing needs.
Table 2 – Agencies, groups, organizations who participated Item #5. Page 17
Meeting Date: 4/23/2024 / Packet Page #: 90
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify any Agency Types not consulted and provide rationale for not consulting.
All appropriate public entities were consulted.
Other local/regional/state/federal planning efforts considered when preparing the Plan.
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Los Angeles Homeless
Services Authority
Glendora has a very small homeless
population. The City recognizes that many
agencies in the County provide services to
homeless persons in the San Gabriel Valley.
The City’s strategy is to focus resources on
infrastructure, economic development,
public services, and fair housing needs.
Table 3 – Other local / regional / federal planning efforts Narrative
The City also coordinates with State and adjacent government in other areas such as transportation, economic development, housing, public works projects, and environmental issues. City staff attend various meetings and workshops with other agencies throughout each fiscal year. Cooperation and coordination with other public entities included phone consultation and data review of the adjacent units of general local government in the implementation of the Consolidated Plan.
Homelessness is a regional issue and the City coordinates with adjacent units of local government in the provision of shelter for the homeless. Collaboration with other agencies is the most effective way to ensure services are readily available, while allowing Glendora to spend its limited resources in other areas.
Item #5. Page 18
Meeting Date: 4/23/2024 / Packet Page #: 91
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)
Summary of citizen participation process/Efforts made to broaden citizen participation.
Summarize citizen participation process and how it impacted goal setting.
The citizen participation process undertaken by the City to solicit input in the development of the Annual Action Plan for FY 2024-2025 includes:
• Publishing a notice on December 7 and December 14, 2023 announcing the Notice of Funding Availability (NOFA). Notices were also posted on the City’s website and at City Hall.
• Publishing a notice on February 29, 2024 announcing the 30-day Public Review Period for the Action Plan and Notice of Public Hearings on March 12, 2024 and April 23, 2024. • Conducting a public hearing before the City Council to discuss community needs, funding applications and potential allocations on March 12, 2024. • A 30-day public review from March 22 to April 23, 2024. • Conducting a second public hearing before the City Council on April 23, 2024 to adopt the FY 2024-2025 Annual Action Plan.
City staff ensured adequate notification of public hearings. Advance notice of public hearings was published in the San Gabriel Valley Examiner (the Glendora newspapers of general circulation) at least ten days prior to the public hearing date. Public notices for the public hearings were also posted at City Hall, and on the City's Website. Copies of the draft FY 2024-2025 Annual Action Plan were available for the public to read on the City website and at City Hall (Planning Department and Office of the City Clerk). Copies are also available for review by requesting in person or by telephone, fax, or e-mail.
The City ensured reasonable access to information and records related to the development of the FY 2024-2025 Annual Action Plan and the expenditure of resources for programs funded by CDBG. The final Consolidated Plan, Annual Action Plans, Substantial Amendments to the Plans, and annual performance reports will be available for five years at City Hall.
Proof of publication for all public hearings and meetings can be found in Appendix A.
Item #5. Page 19
Meeting Date: 4/23/2024 / Packet Page #: 92
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments
received
Summary of comments
not accepted and
reasons
URL (If
applicable)
Newspaper Ad
(one) for NOFA
Non-targeted/
broad
community
N/A No comments
were received
There were no
comments that were
not accepted.
Newspaper Ads
(two) for NOFA
Non-targeted/
broad
community
N/A No comments
were received
There were no
comments that were
not accepted.
Public Hearing Non-targeted/
broad
community
The Glendora City Council held a
public hearing in the City Council
Chambers of City Hall, 116 E.
Foothill Boulevard, Glendora,
California, on March 12, 2024 at
7:00 p.m. to receive and consider
public input on needs and
resources relative to the 2023-
2027 Five-Year Consolidated Plan
and One-Year Action Plan for
Fiscal Year 2024-2025 prior to its
adoption.
No comments
were received
There were no
comments that were
not accepted.
Public Hearing Non-targeted/
broad
community
The Glendora City Council held a
public hearing in the City Council
Chambers of City Hall, 116 E.
No comments
were received
There were no
comments that were
not accepted.
Item #5. Page 20
Meeting Date: 4/23/2024 / Packet Page #: 93
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments
received
Summary of comments
not accepted and
reasons
URL (If
applicable)
Foothill Boulevard, Glendora,
California, on April 23, 2024 at
7:00 p.m. to receive and consider
public input on needs and
resources relative to the one-year
Action Plan for Fiscal Year 2024-
2025 prior to its adoption.
Table 4 – Citizen Participation Outreach
Item #5. Page 21
Meeting Date: 4/23/2024 / Packet Page #: 94
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
As of the writing of this document, HUD has not announced the FY 2024-2025 allocation of CDBG funds. Per HUD’s guidance, the City amounts used in preparing this plan are actuals.
If the FY 2024-2025 CDBG allocation is more or less than the estimated amounts used in this document, the City will follow the process outlined in the Contingency Plan (Appendix C).
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount Available
Remainder of
ConPlan
Narrative Description
Annual
Allocation:
Program
Income:
Prior Year
Resources:
Total:
CDBG Public/
Federal
Admin and Planning
Public Improvements
Public Services
$289,933 $171,577 $0 $461,510 $916,000 The City of Glendora estimates they will
receive $289,933 in
CDBG entitlement
funds for FY 2024-
2025
Table 5 – Expected Resources – Priority Table
Item #5. Page 22
Meeting Date: 4/23/2024 / Packet Page #: 95
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied.
The City has limited CDBG funding from the CDBG Entitlement Program. However, the City will pursue opportunities for other funding, such as other private, state, and local funds, which may be leveraged as those opportunities become available.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan.
The City does not own any public land.
Discussion
See discussion above.
Item #5. Page 23
Meeting Date: 4/23/2024 / Packet Page #: 96
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure
and Public
Facilities
2023 2027
Non-Housing
Community
Development
City-wide
Infrastructure
and Public
Facilities
CDBG:
$403,524
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 2,955 Persons Assisted
2 Economic and
Human
Development
2023 2027
Non-Housing
Community
Development
City-wide
Economic and
Human
Development
CDBG: $0
Facade treatment/business
building rehabilitation
3 Public Services 2023 2027
Non-Homeless
Special Needs
City-wide Public Service CDBG: $0
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit
4 Fair Housing 2023 2027 Fair Housing City-wide Fair Housing CDBG:
$20,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 60 Persons Assisted
5 Administration
and Planning
2023 2027 City-wide
Administration
and Planning
CDBG:
$37,986
Table 6 – Goals Summary
Item #5. Page 24
Meeting Date: 4/23/2024 / Packet Page #: 97
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Descriptions
1 Goal Name Infrastructure and Public Facilities
Goal
Description
Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents. The Objective/Outcome categories will be A Suitable Living Environment/Availability/Accessibility (SL-1) with a goal of assisting 5 public facilities/infrastructure projects (1 annually). A total of 9,275 disabled residents will benefit from ADA accessibility improvements. 2 Goal Name Economic and Human Development
Goal
Description
Provide for the economic development needs of low- and moderate-income persons. The Objective/Outcome categories will be Economic Opportunity/Availability/Accessibility (EO-1), with a goal of assisting 1 business over five years.
3 Goal Name Public Services
Goal
Description
Provide supportive services for the City’s low- and moderate-income residents and persons with special needs, with the goal of assisting 50 persons over five years.
4 Goal Name Fair Housing
Goal
Description
Promote fair and equal housing choice for all persons, promote housing that is accessible to and usable by persons with disabilities, and comply with the non-discrimination requirements of the various Fair Housing laws. The Objective/Outcome categories will be Decent Housing/Availability/Accessibility (DH-1), with a goal of assisting 175 low/mod people (35 annually).
Item #5. Page 25
Meeting Date: 4/23/2024 / Packet Page #: 98
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
5 Goal Name Administration and Planning
Goal
Description
Provide for administration and planning activities to develop housing and community development strategies and programs needed to carry out actions that address identified needs in the Consolidated Plan. The Objective/Outcome categories will be A Suitable Living Environment/Availability/Accessibility (SL-1), with a goal of successfully administering the CDBG program per HUD regulations.
Item #5. Page 26
Meeting Date: 4/23/2024 / Packet Page #: 99
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
As of the writing of this document, HUD had not informed the City of the amount of the actual FY 2024-2025 allocation. Per HUD’s guidance, the City is preparing this document using an estimate of the FY 2024-2025 CDBG Entitlement based on prior year funding. The Action Plan made available during the public comment period included a Contingency Plan which outlined how funding for each project would be adjusted once the actual CDBG Entitlement allocations were announced.
The City of Glendora is basing funding calculations on an estimate of $289,933 in CDBG Entitlement funds for FY 2024-2025. The City also has $171,577 in Program Income to use for FY 2024-2025 activities. Based on the limited amount of resources available to the City, statutory restrictions, and the Priority needs established in the Consolidated Plan, staff recommendations for the FY 2024-2025 Annual Action Plan are as follows:
1. Administration: CDBG Administration: $37,986
2. Fair Housing: $20,000
Sub-Total $57,986
3. Activities: 2024 Street Improvement
/ Accessibility Project: $403,524
Grand Total $461,510
Projects
# Project Name
1 2024 Street Improvement / Accessibility Project
2 Fair Housing
3 General CDBG Administration
Table 6- Project Information
The total amount of funding recommendations benefiting low- and moderate-income persons equals 100 percent for funds subject to the low/mod benefit calculations.
Item #5. Page 27
Meeting Date: 4/23/2024 / Packet Page #: 100
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City’s FY 2023-2027 Con Plan identifies the elderly, homeless, at risk of homelessness, and disabled as the underserved in Glendora. The main obstacle to meeting underserved needs is a lack of funding. In FY 2024-2025, the city will fund the Street Improvement/ Accessibility Project which will benefit the disabled and the elderly significantly since it includes curb ramps in addition to the street paving. The City will also fund a contract with The Housing Rights Center.
The elderly, those at risk of homelessness, and the disabled are at greater risk of experiencing fair housing issues. The City’s fair housing effort through The Housing Rights Center are not limited to any particular group but given the high risk of fair housing issues that the elderly, those at risk of homelessness, and the disabled experience, the City feels it is a valuable way in which to serve these underserved groups.
The underserved groups of homeless and those at-risk of homelessness are served through an extensive network of providers funded by non-CDBG sources. See AP-65 section of this Action Plan for more information on those services.
Item #5. Page 28
Meeting Date: 4/23/2024 / Packet Page #: 101
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
1 Project Name 2024 Street Improvement / Accessibility Project Target Area This project will take place on streets between Glendora Ave. and Nearglen Ave. in east-west direction and between Gladston St. and Juanita Ave. in the north-south direction.
Goals Supported Infrastructure and Public Facilities
Needs Addressed Infrastructure and Public Facilities
Funding CDBG: $403,524
Description This project will include street repaving and the construction of curb ramps to remediate issues related to safety and accessibility for pedestrians.
Target Date 6/30/2026
Estimate the number and type of families
that will benefit from the proposed
activities
A total of 2,955 low/mod income residents will be benefitted.
Location Description The work is located in census tract 4039.02, block group 1, which is a low/mod area.
Planned Activities Street repaving and the installation of disabled access curb ramps. 2 Project Name Fair Housing
Target Area Citywide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $20,000
Item #5. Page 29
Meeting Date: 4/23/2024 / Packet Page #: 102
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description The Housing Rights Center will assist the City with fair housing complaint intake, enforcement, and education and outreach activities. This will foster fair and equal housing choice for all persons.
Target Date 6/30/2025
Estimate the number and type of families
that will benefit from the proposed
activities
Approximately 60 persons will benefit.
Location Description The project is available on a citywide basis. The program is administered at 520 S Virgil Ave, Ste 400, Los Angeles, CA 90020 by the Housing Rights Center. Services will be available to all residents city-wide.
Planned Activities The Housing Rights Center will assist the City with fair housing complaint intake, enforcement, and education and outreach activities. This will foster fair and equal housing choice for all persons.
3 Project Name General CDBG Administration
Target Area N/A
Goals Supported Administration and Planning
Needs Addressed Administration and Planning
Funding CDBG: $37,986
Description Provide for administration and planning activities to develop housing and community development strategies and programs needed to carry out actions that address identified needs in the Consolidated Plan.
Target Date 6/30/2025
Item #5. Page 30
Meeting Date: 4/23/2024 / Packet Page #: 103
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number and type of families
that will benefit from the proposed
activities
N/A
Location Description Project is available on a citywide basis. The program is administered at 116 E. Foothill Blvd.
Glendora, CA 91741 by the City's Planning Department.
Planned Activities Provide for administration and planning activities to develop housing and community development strategies and programs needed to carry out actions that address identified needs in the Consolidated Plan.
Item #5. Page 31
Meeting Date: 4/23/2024 / Packet Page #: 104
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed With limited CDBG funds, the City plans to focus on a limited number of activities for FY 2024- 2025. Geographic distribution of funding is based on the nature of the activity to be funded and will occur as follows:
• Fair housing services will be provided citywide to all residents; and • The 2024 Street Improvement / Accessibility Project – will take place in census tract 4039.02, block group 1, which is 51.7 percent low- and moderate-income. This project will benefit all residents but will specifically benefit the underserved groups of elderly and disabled residents of the City.
Geographic Distribution
Target Area Percentage of
Funds
CDBG Low-Mod Income
Target Areas 0
Table 7- Geographic Distribution
Rationale for the priorities for allocating investments geographically Given the limited level of CDBG funding, the City believes that the strategy most impactful to the low- and moderate-income community is to provide fair housing services City-wide, and to concentrate Street Improvement / Accessibility Projects in the low- and moderate-income areas.
Item #5. Page 32
Meeting Date: 4/23/2024 / Packet Page #: 105
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Due to limited CDBG funding and the infrastructure and other needs in the community, affordable housing was not identified as a priority in the 2023-2027 Con Plan. Nevertheless, the City does understand the need for affordable housing and invests other funding in the development of new units when available. In FY 2023-2024, the City used funds from the Affordable Housing Fund to acquire a parcel of land intended to be used for an affordable housing project. The specifics have not yet been determined, but the project may include emergency shelter, affordable rental housing, or both. The City plans to partner with an affordable housing developer, but the project is still in the planning phases. The City expects their affordable housing developer partner to assist in further defining the project and identifying and obtaining additional funding from other sources. The City is also in negotiation with a developer to dispose of a parcel of City-owned surplus land. Under the Surplus Land Act, sale of this property to the developer would come with a requirement to set aside at least 15 percent of the units developed as affordable housing.
$20,000 in FY 2024-2025 CDBG funds will be used to fund a Fair Housing Program through a contract with Housing Rights Center (HRC). Services will include landlord/tenant information to residents and housing providers who request counseling, resource referral, complaint investigation, and public education on all forms of housing discrimination. Approximately 35 lowincome persons will be assisted, including elderly, single-parent, and disabled special needs households.
The City will continue to participate in the Los Angeles County Development Authority’s Section 8 Housing Choice Voucher Program. Based on prior year statistics, approximately 54 low-income renter-households will be assisted in FY 2023-2024, which will include elderly, single-parent, and disabled special needs households.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 8 - One Year Goals for Affordable Housing by Support Requirement Item #5. Page 33
Meeting Date: 4/23/2024 / Packet Page #: 106
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Type Discussion
See discussion above.
Item #5. Page 34
Meeting Date: 4/23/2024 / Packet Page #: 107
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-60 Public Housing – 91.220(h)
Introduction
No public housing is located in the City of Glendora.
Actions planned during the next year to address the needs to public housing.
Not Applicable. No public housing is located in the City of Glendora.
Actions to encourage public housing residents to become more involved in management and participate in homeownership.
Not Applicable. No public housing is located in the City of Glendora.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance?
The Los Angeles County Development Authority (LACDA) administers the Housing Choice Voucher program on behalf of the City of Glendora. LACDA is identified as a High Performing Housing Authority and is not designated as troubled under 24 CFR part 902.
Discussion
See discussion above.
Item #5. Page 35
Meeting Date: 4/23/2024 / Packet Page #: 108
City of Glendora FY 2024-2025 Annual Action Plan
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
In the FY 2023-2027 Consolidated Plan, homeless activities were not established as a high priority for the purpose of spending CDBG funds. However, the City has been in the forefront of helping the homeless through the services of dedicated City staff and effective coordination with a number of other agencies. The City also uses $1,000,000 in American Rescue Plan Act (ARPA) funds and $450,000 in affordable housing funds to assist in homeless services and has a contract with the Los Angeles Centers for Drug and Alcohol Abuse to provide services in the City. The City coordinates with the following agencies the needs of those experiencing homelessness:
• University of Southern California Street Medical Team for medical services • Angeles County Department of Mental Health for mental health services • The Glendora Police Department for outreach and coordination of services • Shepard’s Pantry for food services and clothing
• Los Angeles County Food Bank for food services
• YWCA San Gabriel Valley for daily nutrition program, social services • Glendora Ministerial Association works with the homeless division on coordination of services.
• Los Angeles County Homeless Initiative work with staff on homeless priorities. • San Gabriel Valley Council of Governments (SGVCOG) works with staff for funding services.
• San Gabriel Valley Homeless Consortium work with staff for SPA 3 coordination of services • Los Angeles Homeless Services Authority (LAHSA) works with staff for shelter housing. • City of Glendora Homeless Taskforce works with staff on prioritizing homeless that need services based on their vulnerability.
Item #5. Page 36
Meeting Date: 4/23/2024 / Packet Page #: 109
City of Glendora FY 2024-2025 Annual Action Plan Appendices Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Glendora is a voting member of the Homelessness Committee of the San Gabriel Valley Council of Governments (SGVCOG) to study homeless issues and programs. The City will continue to work with SGVCOG, and the other agencies listed in the Introduction to this section to reach out to homeless persons and assess their individual needs.
The City continues to make an impact on homelessness through the services of dedicated City staff, and the use of other, non-CDBG funding. The City will receive a $150,000 grant from the United Way Granter Los Angles for Homeless Daytime services at senior centers. This is a one-year grant to make improvements to the senior center that the homeless use i.e. computer lab, kitchen upgrade. The City also received a 10,000 grant from the SGVCOG for homeless services such as temporary housing. The funds can also be used for homeless prevention and diversion.
The City will also address the homelessness issue with $1,000,000 in American Rescue Plan Act (ARPA) funds, a contract with the Los Angeles Centers for Drug and Alcohol Abuse, and coordination with a number of other agencies. Also, as noted above, in FY 2023-2024 the City used $450,000 affordable housing funds to acquire a parcel of land to be used for a future affordable housing project.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to work with the agencies listed above, and the non-profit community, to address the needs of those experiencing homelessness.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) responds to referrals and triage and assesses each individual to ensure they are referred to the correct resources. They transport unhoused individuals to DPSS, Social Security, DMV, doctors’ appointments etc.
Through FY 2023-2023 Measure H grant funds were used to provide case management services to the homeless and those at-risk of homelessness in Glendora and four surrounding cities (Azusa, Covina, Duarte, Glendora, and West Covina). In FY 2023-2024 these funds were used to place three individuals in interim housing, help 11 individuals obtain permanent Item #5. Page 37
Meeting Date: 4/23/2024 / Packet Page #: 110
City of Glendora FY 2024-2025 Annual Action Plan Appendices housing, and assist one individual to obtain a Section 8 Housing Voucher. Four individuals have accepted substance use treatment/detox services and 30 individuals have received other health-related services. These funds were exhausted in FY 2023-2024.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The comprehensive services provided by the agencies discussed above target those who are most at-risk, including extremely low-income individuals and families, those who are being discharged from publicly funded institutions and systems of care, and those who are receiving assistance from public or private agencies. The City continues to coordinate with the agencies listed in earlier in this section. Services provided by those agencies assist low-income individuals and families with the transition to permanent housing and independent living, including shortening the period that individuals and families experience homelessness. They also facilitate access for homeless individuals and families to affordable housing units, which can prevent individuals and families who were recently homeless from becoming homeless again.
Item #5. Page 38
Meeting Date: 4/23/2024 / Packet Page #: 111
City of Glendora FY 2024-2025 Annual Action Plan Appendices AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Laws and policies designed to protect residents and the environment can often function as constraints to any housing development. Infrastructure requirements, environmental compliance, development limits based on the availability of water, and wage act requirements are put in place to ensure the community can support new housing in a safe and beneficial manner. However necessary and well-intentioned, they can add significantly to land costs and construction costs. This can function as a constraint on all housing, but much more so on the development of affordable housing as it adds significantly to cost, which is the most critical barrier to affordable housing as noted below.
Glendora works to remove barriers to affordable housing by implementing a Housing Element that is consistent with California law. The City takes actions to reduce costs or provide off-setting incentives to assist in the production of safe, high-quality, affordable housing. However, the increasing costs of producing all housing, including affordable housing, and the lack of governmental resources to underwrite the costs make producing affordable housing very difficult. These factors tend to disproportionately impact lower- and moderate-income households due to their more limited capacity to absorb rising market costs.
Even when resources are available, it is often not sufficient to underwrite enough of the costs to produce housing for the very low and extremely low population. Despite these challenges, the City is committed to removing governmental constraints that hinder the production of housing and offers a one-stop streamlined permitting process to facilitate efficient entitlement and building permit processing.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
The City will continue to implement the streamlined permit processing as required by State law and offer incentives to foster affordable housing development through State density bonus law and local incentives.
The City’s updated Housing Element for 2021-2029 was adopted by the City Council on December 13, 2022. Programs included in the 2021-2029 Housing Element which directly address the issue of government constraints which include:
• Changing the Zoning Code to allow for the easier development of various homeless and Item #5. Page 39
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City of Glendora FY 2024-2025 Annual Action Plan Appendices at-risk-of-homelessness service centers.
• Adopting the changes to the State Density Bonus law, including:
o AB1763 – Density Bonus for 100 Percent Affordable Housing o SB1227 – Density Bonus for Student Housing
o AB2345 – Increase Maximum Allowable Density
• Implementing several development code revisions which facilitate the development of housing to meet the needs of residents in all income categories. • Adopting the changes to the State Accessory Dwelling Unit (ADU) laws and developing additional incentives and actions to encourage ADU production by the end of 2025.
Fair housing issues are also affordable housing issues since they disproportionally impact lowand moderate-income residents. The City also identifies and addresses barriers to fair housing as part of the development of the Analysis of Impediments to Fair Housing Choice (AI). The 2018- 2022 AI did not identify any Glendora land use policies or zoning which would present an impediment to fair housing choice.
Discussion
See discussion above.
Item #5. Page 40
Meeting Date: 4/23/2024 / Packet Page #: 113
City of Glendora FY 2024-2025 Annual Action Plan Appendices AP-85 Other Actions – 91.220(k)
Introduction
Actions planned to address obstacles to meeting underserved needs.
The City’s FY 2023-2027 Con Plan identifies the elderly, homeless, at risk of homelessness, and disabled as the underserved in Glendora. The main obstacle to meeting underserved needs is a lack of funding. The City prioritizes funding activities which will benefit those underserved groups, including the Street Improvement / Accessibility Project (benefitting elderly and the disabled), and the Fair Housing Project (benefitting the elderly, at risk of homelessness, and the disabled). The City will continue to rely on its existing network of public and nonprofit service agencies, along with the City's Recreation and Humans Services Department, to provide an array of supportive services for the City's underserved groups.
Actions planned to foster and maintain affordable housing.
The City will continue to foster affordable housing development in the community through incentives such as density bonuses. The City identifies and addresses barriers to fair housing as part of the development of the Analysis of Impediments to Fair Housing Choice (AI). Fostering fair housing as a homeless prevention strategy can assist those facing unfair evictions and foreclosure frauds, often those most in need of affordable housing, and therefore be able to remain at their homes.
As noted earlier, In FY 2023-2024, the City used funds from the Affordable Housing Fund to acquire a parcel of land intended to be used for an affordable housing project. The specifics have not yet been determined, but the project may include emergency shelter, affordable rental housing, or both. The City is also in negotiation with a developer to acquire a parcel of Cityowned surplus land, which would come with a requirement to set aside at least 15 percent of the units developed as affordable housing.
The City is also in the process of disposing of a 5.8-acre site under the Surplus Land Act.
Negotiations are on-going with a developer who will be required to set aside at least 15 percent of any units produced for moderate income housing.
In FY 2024-2025 the City will continue to fund a Fair Housing Program through a contract with Housing Rights Center (HRC). Services will include landlord/tenant information to residents and housing providers who request counseling, resource referral, complaint investigation, and public education on all forms of housing discrimination. The City will also continue to participate in the Los Angeles County Development Authority’s Section 8 Housing Choice Voucher Program. Based on prior year statistics, approximately 54 low-income renter-households will be assisted in FY Item #5. Page 41
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City of Glendora FY 2024-2025 Annual Action Plan Appendices 2024-2025.
Actions planned to reduce lead-based paint hazards.
The City's Code Enforcement staff will continue to provide information of lead-based paint hazards and resources for abatement to residents. Such information is also available at public counters.
Actions planned to reduce the number of poverty-level families.
The City continues expand economic opportunities for lower income persons, especially those living in poverty. The City maintains a reputation as one of the most business-friendly communities, attracting jobs for residents. The City maintains a dedicated section on its website to function as a centralized location for information and resources for existing and prospective businesses.
The City’s Economic Action Plan (2017) outlines various actions to attract and retain businesses and employment in the City. Those actions include providing educational workshops and informational materials, assisting in business licensing and land use/zoning issues, and attracting filming in Glendora that would provide employment and vendor opportunities for residents and businesses. The City maintains a reputation as one of the most business-friendly communities.
Actions planned to develop institutional structure.
The City’s Housing Authority took over the management of the former Redevelopment Agencies housing obligations when it became the Housing Successor. Also, in response to the dissolution of Redevelopment, the City eliminated the Housing Division and consolidated the administration of CDBG program under the City's Planning Department. City staff had consulted with HUD staff and attended HUD trainings to better craft a CDBG program that can be delivered in a costeffective manner. City staff will continue to communicate and work with HUD staff to implement the CDBG program and develop institutional structure.
Actions planned to enhance coordination between public and private housing and social service agencies.
The City will continue to coordinate with public and private housing and services agencies to deliver housing and community development activities in the community. Various agencies will continue to be invited to attend public meetings related to the CDBG program.
Discussion
See discussion above.
Item #5. Page 42
Meeting Date: 4/23/2024 / Packet Page #: 115
City of Glendora FY 2024-2025 Annual Action Plan Appendices Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed. $171,577
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.
$0
3. The amount of surplus funds from urban renewal settlements. $0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0
5. The amount of income from float-funded activities. $0 Total Program Income $171,577
Other CDBG Requirements
1. The amount of urgent need activities $0
Item #5. Page 43
Meeting Date: 4/23/2024 / Packet Page #: 116
City of Glendora FY 2024-2025 Annual Action Plan Appendices
APPENDIX A - OUTREACH
Outreach Materials
- Notice of Funding Availability
o Public Notice
o Outreach Email
Proofs of Publication
- Notice of 30-Day Public Comment Period and Public Hearing Public Comments Received
- no public comments were received.
Item #5. Page 44
Meeting Date: 4/23/2024 / Packet Page #: 117
City of Glendora FY 2024-2025 Annual Action Plan Appendices APPENDIX B – MAP
Item #5. Page 45
Meeting Date: 4/23/2024 / Packet Page #: 118
City of Glendora FY 2024-2025 Annual Action Plan Appendices APPENDIX C – CONTINGENCY STRATEGY
CITY OF GLENDORA CONTINGENCY STRATEGY TO ADDRESS
THE LATE RELEASE OF 2024-2025 CDBG ENTITLEMENT FUNDING ALLOCATIONS The City of Glendora (City) is an Entitlement Grantee for Community Development Block Grant (CDBG) funding from Department of Housing and Urban Development (HUD). Due to delay in the adoption of the federal budget, HUD may not announce the City’s actual FY 24-25 CDBG Entitlement allocation (allocation) until later than normal. HUD has provided guidance in CPD Notice 24-01 (Notice) on how to address this and other related impacts to the City’s CDBG program. Per the options provided in the Notice, the City plans to:
• Develop the FY 24-25 Draft Annual Action Plan (Action Plan) using estimated CDBG allocations, including conducting the public participation plan process and holding the public hearing before the City Council for adoption of the Action Plan; and • Delay the formal submission of the Action Plan in HUD’s Integrated Disbursement and Information System (IDIS) until the actual FY 24-25 CDBG allocations have been announced by HUD, but in no case later than August 16, 2024; and • Include this Contingency Plan as an attachment to the Action Plan outlining the funding revisions to be undertaken if the FY 24-25 CDBG allocation is less or greater than the estimates used during the development of the Action Plan.
PROPOSED CONTINGENCY STRATEGIES
Decrease in Allocation
Revise funding in the following order:
Administration
• Fund the Fair Housing Project using Administration funds at the estimated amount. • Reduce funding for the Administration Project to the remaining amount allowed under the Administration Funding Cap.
Capital
• Use all remaining funds for the 2024-2025 Street Improvement / Accessibility Project.
Increase in Allocation
Revise funding in the following order:
Item #5. Page 46
Meeting Date: 4/23/2024 / Packet Page #: 119
City of Glendora FY 2024-2025 Annual Action Plan Appendices Administration
• Fund the Fair Housing Project using Administration funds at the estimated amount. • Increase funding for the Administration Project to the remaining amount allowed under the Administration Funding Cap.
• Use all remaining funds for the 2024-2025 Street Improvement / Accessibility Project.
Item #5. Page 47
Meeting Date: 4/23/2024 / Packet Page #: 120
City of Glendora FY 2024-2025 Annual Action Plan Appendices APPENDIX D – WAIVER DOCUMENT
City of Glendora Waiver of Requirements at
24 CFR 570.200 (h) for Community Development Block Grants Program (CDBG) The City of Glendora (City) is an Entitlement Grantee for Community Development Block Grant (CDBG) funding from Department of Housing and Urban Development (HUD). Due to delay in the adoption of the federal budget, HUD may not announce the City’s allocation of FY 2024-2025 CDBG funds until later than normal. This will impact the development and submission of the FY 2024-2025 Action Plan and operation of the City’s CDBG program. HUD has provided guidance in CPD Notice 24-01 (CPD Notice) on how to address this and other related impacts to the City’s CDBG program. Per the options provided in CPD Notice, the City has decided to delay the submission of the FY 2024-2025 Action Plan until the actual FY 2024-2025 CDBG allocations have been announced by HUD, but in no case no later than August 16, 2024.
The regulations at 24 CFR 570.200(h) define the effective date of a Grantee’s agreement for CDBG funds as the program year start date or the date that the Action Plan is received by HUD, whichever is later. Per these regulations, the effective date is the date on which the City may begin to incur costs related to the operation of the FY 2024-2025 CDBG program. Because of the delay in the submission of the FY 2024-2025 Action Plan, the City’s effective date could extend significantly past July 1, 2024, the start date of the City’s program year. This would mean that the City would be unable to incur costs for those programs, resulting in a delay in the start of the FY 2024-2025 program year, and a gap in the provision of CDBG-funded services to residents of the City.
The CPD Notice has provided options for the City to use a waiver of the regulations at 24 CFR 570.200(h) to incur costs prior to the effective date. Therefore, in accordance with the direction provided in the CPD Notice regarding the waiver of the requirements at 24 CFR 570.200 (h), the City intends to use those waivers in the submission of the FY 2024-2025 CDBG Action Plan and operations of the FY 2024-2025 CDBG program. Therefore, the City of Glendora certifies that:
1. That the costs incurred prior to the CDBG and HOME grant awards are necessary for efficient and timely performance of the activity in question;
2. That the costs are for eligible activities under the regulations for the CDBG and HOME programs;
3. That the City has complied with all other requirements for pre-award costs under the regulations for the CDBG and HOME programs or as described in CPD Notice 24-01;
4. That the activity for which costs will be incurred is included in the FY 2024-2025 Action Plan; and
Item #5. Page 48
Meeting Date: 4/23/2024 / Packet Page #: 121
City of Glendora FY 2024-2025 Annual Action Plan Appendices
5. That the City has completed its citizen participation process by including in its files a written, dated summary of citizen participation comments received on its Plan, pursuant to 24 CFR 91.105(b)(5) or 91.115(b)(5) as applicable.
Per 24 CFR 570.200 (h)(1)(ii), the City must advise citizens of the extent to which incurring preaward costs may affect future grants. This might include activities being disallowed and funds returned to HUD if the activities do not meet the applicable regulations. The City therefore certifies:
1. That the Citizen Participation process will be undertaken in a timely manner and will include all required notices, public comment periods, and public hearings;
2. That all activities undertaken will be eligible activities meeting a HUD-required National Objective; and
3. That the City will follow the requirements at 24 CFR 58 to ensure that all environmental compliance documentation is completed in a timely manner. Further, that the City will not take any actions that would have an adverse environmental impact or limit the choice of reasonable alternatives.
Item #5. Page 49
Meeting Date: 4/23/2024 / Packet Page #: 122
FIRST SUBSTANTIAL AMENDMENT
to the
CITY OF GLENDORA FY 2023-2024 CDBG ANNUAL ACTION PLAN
BACKGROUND
The City of Glendora (City) is an Entitlement Jurisdiction for Community Development Block Grant (CDBG) Entitlement funds from the Department of Housing and Urban Development (HUD).
Annually, the City receives approximately $300,000 in Entitlement funds to provide programs and services to the low- and moderate-income residents of the City.
As part of the 2023-2027 Consolidated Plan and the FY 2023-2024 Action Plan, the City allocated CDBG funds for the Street Improvement / Accessibility Project. The activities to be undertaken included installing accessibility ramps from sidewalks to the street to create a safe path of travel for seniors and the disabled. The location of the project was Census Tract 4039.02, Block Groups 1 and 3, and area with 52.6 percent low- and moderate-income households. A total of 2,955 households were to be benefitted.
PROPOSED SUBSTANTIAL AMENDMENT
The original CDBG funding for this project was $231,946. The funding was not adequate to do all the work necessary. The City has since identified additional CDBG funds which they propose to add to the FY 2023-2024 Street Improvement / Accessibility Project. Those funds include $17,865 in savings from FY 2021-2022 projects and $37,059 in prior-year unallocated funds. The City proposes to add the total amount of $54,924 as shown below.
FY 2023-2024 Street Improvement / Accessibility Project Installation of accessibility ramps from sidewalks to the street to create a safe path of travel for seniors and the disabled in Census Tract 4039.02, Block Groups 1 and 3.
Current Funding: $231,946
Proposed Additional Funding:
• $17,865 in savings from FY 2021-2022 projects
• $37,059 in prior year unallocated funds
Total Cumulative Allocation: $286,870
PUBLIC OUTREACH
A Notice of the proposed Substantial Amendment was published on February 29, 2024 in the San Gabriel Valley Examiner and posted at City Hall and on the City’s website. A 30-day public comment period was held from March 22 to April 23, 2024. A public hearing was held before the Glendora City Council on April 23, 2024 and the proposed Substantial Amendment was approved.
No public comments were received.
Item #5. Page 50
Meeting Date: 4/23/2024 / Packet Page #: 123
Community Development
Block Grant (CDBG)
Community Development
City Council
April 23, 2024
Valerie Velasquez, Economic Development and Housing Manager CityOfGlendora.org
Item #5. Page 51
Meeting Date: 4/23/2024 / Packet Page #: 124
2 CDBG Overview
• U.S. Department of Housing and Urban Development
– Affordable Housing, Antipoverty Efforts and Infrastructure Development • Annual Action Plan FY 2024-2025
• Substantial Amendment FY 2023-2024
Item #5. Page 52
Meeting Date: 4/23/2024 / Packet Page #: 125
3 Acceptable use of CDBG Funds
• Must meet National Objectives
• National Objectives
– Benefit low- and moderate- income persons;
– Eliminate slum and blight;
– Meet an urgent community need.
• Must be a priority need identified in Consolidated Plan Item #5. Page 53
Meeting Date: 4/23/2024 / Packet Page #: 126
4 Priority Needs
• Five Year Con-Plan (2023 – 2028) Priority Needs
– Infrastructure and Public Facilities
– Economic and Human Development
– Public Services
– Fair Housing
– Administration and Planning
Item #5. Page 54
Meeting Date: 4/23/2024 / Packet Page #: 127
5 Proposed Action Plan 2024-2025
2024-2025 One-Year Action Plan
• Second Annual Plan of the 5 Year 2023-2028 Con-Plan
• Estimated Allocation: $289,932 + $171,577 in Program Income • Notice of Availability
– Published twice in the newspaper
– Posted on City website
• Application period: December 8, 2023 – January 10, 2024 Item #5. Page 55
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6 Proposed FY 2024-2025 CDBG Annual Action Plan
ACTIVITY AMOUNT ENTITLEMENT %
Administration
General CDBG Administration
Fair Housing (Housing Rights Center)
Subtotal:
$37,986
$20,000
$57,986 20%
Infrastructure
Street Improvement / Accessibility Project
Allocation Amount:
Program Income Amount:
Subtotal:
$231,946
$171,577
$403,523
80%
Program Income
Total CDBG Expenditures FY 2024-2025 $461,509
Item #5. Page 56
Meeting Date: 4/23/2024 / Packet Page #: 129
Upon HUD Announcement of Actual Allocation, amounts will be revised as follows:
7 Final Funding Allocation Adjustment Methodology
ACTIVITY AMOUNT ADJUSTMENT
Administration
General CDBG Administration
Fair Housing (Housing Rights Center)
Subtotal:
$XX,XXX
$20,000
$XX,XXX
Reduced or Increased
None
20% of Allocation
Infrastructure
Street Improvement / Accessibility Project
Allocation Amount:
Program Income Amount:
$XXX,XXX
+ $171,577
80% of Allocation
plus Program Income
Total CDBG Expenditures FY 2024-2025 Allocation Amount + $171,577 Item #5. Page 57
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8 Infrastructure Improvement Project – Street Rehabilitation Project Census Tract 4039.02, Block 1
Item #5. Page 58
Meeting Date: 4/23/2024 / Packet Page #: 131
9 FY 2023 – 2024 Substantial Amendment
Increase the Allocation to the 2023-2024 PW Curb Ramp Project • 2023-2024 PW Application:
• Accessibility project installing or improving a total of 40 curb ramps • Application requested $300,000, annual plan allocated $231,946. • Substantial Amendment is required for an increase greater than 10% • Additional Funds have become available:
2023-2024 Curb Ramp Project allocation: $231,946
Proposed Additional Funding ($54,924)
Savings from FY 2021-2022 Project: $17,865
Prior Years Unallocated Funds: $37,059
Total: $286,870
Item #5. Page 59
Meeting Date: 4/23/2024 / Packet Page #: 132
10 Timeline - Required Steps
1 st Public Hearing, March 12, 2024
30 Day Public Review: March 22 through April 23
• City Website, City Hall, Community Development & City Clerk Office • 2024–2025 CDBG Annual Action Plan
• 2023-2024 Substantial Amendment
2 nd Public Hearing, April 23, 2024
Adjust Allocations upon Announcement of Final Allocation Amount Submission to HUD
• Application with Annual Action Plan
• Substantial Amendment
Item #5. Page 60
Meeting Date: 4/23/2024 / Packet Page #: 133
11 RECOMMENDATIONS
Open and Conduct Public Hearing;
1. Approve the CDBG Annual Action Plan for FY 2024 - 2025;
2. Approve Adjustment Methodology;
3. Approve Substantial Amendment to the CDBG Annual
Action Plan for FY 2023 – 2024; and
4. Authorize the City Manager to Submit to HUD
That the City Council:
Item #5. Page 61
Meeting Date: 4/23/2024 / Packet Page #: 134
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: APRIL 23, 2024
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
GLENDORA MUNICIPAL CODE TO BRING IT INTO COMPLIANCE WITH STATE LAW AND STREAMLINE CONSTRUCTION OF ADU AND SB 9 UNITS CONSISTENT GENERAL PLAN HOUSING ELEMENT (FILE # PLN23-0035)
RECOMMENDATION
That the City Council:
1. Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA);
2. Introduce for first reading an Ordinance entitled, “An ordinance of the City Council amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing Element (File # PLN23-0035);” and
3. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.
STRATEGIC FOCUS AREAS
Goal 1: Implement Strategic Economic Development (ISED) Objective 5: Sixth Cycle Housing Element follow-up
EXECUTIVE SUMMARY
In response to the State’s housing crisis, the Governor has signed over 50 new laws designed to streamline housing construction and protect tenants. The State has multiple laws and rules limiting local regulation of Accessory Dwelling Units (ADUs). Furthermore, the State enacted SB 9 in 2022 which provides new pathways for additional dwelling units and administrative (no hearing) urban lot splits in eligible residential zones. This effectively ended single-family zoning in California by allowing up to four dwelling units on most single-family lots.
In response to SB 9, the Planning Commission and City Council directed staff to draft an SB 9 policy rather than adopt an ordinance. The Council adopted the SB 9 policy on December 7, 2021. Unlike an ordinance, the policy is not a part of the City’s municipal code. The policy has been effective and is incorporated into the proposed ordinance. The ordinance revision will bring the City’s ADU and SB 9 standards in compliance with State law, simplify several development standards, improve customer service, and streamline the approval process. The Planning Commission recommended approval of the ordinance at their April 2, 2024, meeting.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The State believes that there is a crisis in housing production, which is caused by many factors including local zoning regulations that impede the construction of more housing. To address the perceived cause of Item #6. Page 1
Meeting Date: 4/23/2024 / Packet Page #: 135
Staff Report Page 2 of 6
the housing production crisis, the State has severely curtailed local control over ADUs, Junior ADUs (JADUs), and secondary SB 9 units. Maintaining community or neighborhood character is not a State objective. Instead, the State objective is to remove local regulatory barriers to housing production in many areas including existing single-family neighborhoods.
Glendora’s current standards and policies are out of compliance with State law, and internally inconsistent due to the ad hoc and reactive nature of code updates over the years. Section 21.04.040 of the GMC provides current ADU regulations and standards. The SB 9 Policy (Attachment G) provides a framework for standards that comply with State law. Recent housing laws enacted and enforced by the State have rendered Glendora’s ADU regulations out of compliance with State law chiefly in terms of eliminating ADU bedroom counts, allowing for taller single-story ADUs, and allowing for attached two-story ADUs. Current GMC contains a complicated mix of different setbacks based on whether an accessory building is attached or detached, and the type of structure encroaching into the underlying setbacks. Furthermore, the GMC contains floor area ratios (FAR) intended to limit the density of development but allows for up to 1,000 square foot ADUs assuming there are no other accessory structures and the combined FAR does not exceed 35% of the lot. State law, however, preempts any regulation that would limit an ADU or secondary SB 9 unit to under 800 square feet, creating a complex series of intertwined variables to determine the maximum size of an ADU or secondary SB 9 unit.
The State has enacted a plethora of ADU laws in recent years including AB 2221, AB 916, AB 561, and SB 897. These laws function to modify and expand the provisions of the California Government Code (CGC) regulating ADUs. There are also multiple “shot clock” laws limiting how long cities have to review and/or approve or deny an ADU. Among other things, there are now four categories in the law with various height restrictions:
A height of 16 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit.
A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in § 21155 of the Public Resources Code. A local agency shall also allow an additional two (2) feet in height to accommodate a roof pitch on the ADU that matches the roof pitch of the primary dwelling unit. A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. This effectively allows two-story attached ADUs.
Furthermore, the new laws effectively set minimum and maximum square footage requirements for both attached and detached ADUs. Although CGC § 65852.2 permits a local agency to establish minimum and maximum unit size requirements for both attached and detached ADUs, local agencies are prohibited from establishing:
A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
A maximum square footage requirement for either an attached or detached ADU that is less than either of the following: 850 square feet, or 1,000 square feet for an ADU that provides more than one bedroom.
The City’s ADU code currently conflicts with these new restrictions. For example, a proposed ADU with more than one bedroom can exceed the City’s current FAR/total number of structures limits. In this case Item #6. Page 2
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Staff Report Page 3 of 6
our code defaults to an 800 square foot ADU.
Notwithstanding exemptions for the conversion of existing structures, State law allows local jurisdictions to enforce a 4-foot side and rear setback for ADUs and SB 9 units, regardless of whether the unit is attached or detached. Additionally, SB 9, SB 897, AB 2221 require cities to have objective standards for accessory units. Under State law “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal (CGC § 65913.4).
Laws requiring objective standards are far reaching. For example, SB 167 prevents local governments from denying, reducing density, or making infeasible housing projects consistent with objective design standards. SB 35 requires approval of qualified housing projects based on objective regulatory standards.
SB 330 prohibits imposing or enforcing new standards established after January 1, 2020, that are not objective. Glendora’s adopted and certified 6th Cycle Housing Element makes a number of commitments, including 4-foot side and rear setbacks for development on residential lots. Staff are currently working with a consultant on developing comprehensive objective design standards (ODS) to be completed and adopted in 2025.
Finally, the Housing Element makes a number of commitments relevant to ADUs. Housing Element Policy
5.3 calls for encouraging “the provision of housing to meet the needs of families of all sizes.” The Housing Element reiterates that “California law requires local jurisdictions to adopt ordinances that establish the conditions under which second dwelling units are permitted (Government Code § 65852.2). A jurisdiction cannot adopt an ordinance that precludes the development of an ADU unless findings are made acknowledging that allowing ADUs may limit housing opportunities of the region and result in adverse impacts on public health, safety, and welfare.” Finally, Program 14: Accessory Dwelling Units (ADU) commits the City to amend the “ADU ordinance by the end of 2022 to be consistent with state law, including but not limited to, eliminating the limit on the number of bedrooms,” and developing “incentives and tools to facilitate ADU construction by December 2022.” The Planning Commission recommended approval of the ordinance at their April 2, 2024, meeting, with three members present voting in favor, and two members absent.
DISCUSSION
The public (applicants, residents, and property owners) and staff are often confused about which provisions of the ADU code the City can enforce. The mix of code requirements for different combinations of structures makes site plan design very complicated and difficult to make consistent decisions.
Additionally, the wide array of options and carve outs afforded homeowners to achieve additional residential density provides an endless array of options to “get around” limits in our code. For example, if someone wanted a two-story ADU (currently prohibited in our Code but unenforceable) on a detached structure, they could simply bring a wall of the primary structure to within six (6) feet of the detached structure, rendering it attached under GMC. This range of ADU and SB 9 options is unnecessarily complex.
A review of meeting minutes going back to the 1960s in Glendora shows that off-street parking and the accommodation of automobiles is an ever-present concern. The challenge of accommodating the automobile into development and on the street is the central concern and complaint over virtually all new construction. Considering the concerns over automobiles, it is remarkable that the combination of legal limits on parking for ADUs and Glendora’s regulations limiting detached ADUs to a single story has incentivized garage-to-ADU conversions, reducing on-site parking spaces. As an alternative to current restrictions, smaller building footprints via two-story ADUs will provide more room for parking, landscaping, and other yard amenities that contribute to a higher quality of life.
Staff prepared drafted text revisions to GMC § 21.04.040 to alleviate these issues and bring consistency Item #6. Page 3
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Staff Report Page 4 of 6
between different ADU and SB 9 standards. Highlights of the proposed ordinance are as follows:
Codifying the City’s SB 9 policy regarding additional dwellings. Bringing ADU and SB 9 secondary unit standards into consistency with each other. Allowing for two (2) story detached and attached ADUs. We anticipate this will create less lot coverage issues and provide more space for parking. This provision also introduces the option to build an above-garage ADU (Carriage House), two-story ADU, stacked ADUs (ADU + SB 9 secondary unit, or two ADUs with a duplex).
Instituting a 25-foot height limit for all ADUs regardless of single (1) or two (2) stories. Allowing for up to 1,200 square foot ADUs and SB 9 secondary units, subject to objective standards, regardless of FAR and bedroom count and the number and size of other accessory structures. Currently, California Government Code limits ADUs to no more than 1,200 square feet. Instituting a universal 4-foot side and rear setback for all development on a single-family residential lot whether the structure is an ADU, SB 9 unit, accessory structure, home addition, or open patio cover. Note that many projects will elect to do more per building code as buildings without fire sprinklers and situated less than five feet from the property line must have a one-hour fire-resistant rated construction.
Interestingly, there are examples in Glendora that predate the current zoning code. Below is an example of a house on Glendora Avenue, built in 1934 and currently listed for sale, with an above garage ADU.
There are multiple examples of above-garage ADUs within the City, especially older neighborhoods.
Glendora Above-Garage ADU Example
(Source: Darlene DiBenedetto, Southland Properties, 2023) Item #6. Page 4
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Staff Report Page 5 of 6
Generic Above-Garage ADU Example
(Source: https://www.simpleshowing.com/blog/the-rising-trend-of-adu-over-garage-a-comprehensive-guide, 2023) As the proposed ordinance allows second story ADUs and SB 9 units, the amendment is drafted to also remove the requirement for a Development Plan Review (DPR) permit review for two-story single-family residential construction and second-story additions in single-family residential zones. The GMC currently requires all two-story construction in single-family zones to obtain a DPR. Removing the requirement for a discretionary zoning review is viewed as being equitable as single-family residential development should be allowed same review process as ADU and SBP. This code change will also reduce the cost of obtaining permits and improve processing times for construction. Allowing second story ADUs, and two-story multifamily projects under 11 units (Previous Ordinance 2081) already now can go straight to building permit, rendering this director review for single-family inconsistent.
FISCAL IMPACT
The cost of preparing the ordinance and report is inclusive of staff time covered under the current City budget. However, as building permits are based upon job valuation, by allowing larger ADUs, as part of the City’s efforts to support economic development, the ordinance is anticipated to support construction jobs and additional housing. Positive fiscal impacts will include new property tax revenue and local spending on consumer items and construction materials.
ENVIRONMENTAL DETERMINATION
The City of Glendora, as the lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA). On December 13, 2022, the Glendora City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021- 2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. This zoning amendment is consistent with the changes considered in the IS/ND. Finally, the amendments are mostly minor changes to development standards and/or general/administrative processes which will not result in any significant effects on the environment. Therefore, the proposed Ordinance is exempt from the provisions of CEQA pursuant to § 15060(c)(2), § 15060(c)(3), § 15378(b)(2), § 15378(b)(5), and § 15061(b)(3). It is certain that the legislative act of amending the GMC will not have a significant, or any, impact on the environment, and therefore is not subject to CEQA.
Item #6. Page 5
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Staff Report Page 6 of 6
Prepared By Hans Friedel, AICP, Principal Planner
Concurs With Kurt Norwood, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Proposed Ordinance
B. CEQA Notice of Exemption
C. Notice of Public Hearing
D. Summary for Publication
E. Housing Element Project Tracker
F. HCD ADU Handbook
G. Updated SB 9 Policy
H. Presentation
Item #6. Page 6
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN
SECTIONS OF TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL
CODE TO BRING IT INTO COMPLIANCE WITH STATE LAW AND
STREAMLINE THE CONSTRUCTION OF ACCESSORY DWELLING
UNITS AND SB 9 UNITS CONSISTENT WITH THE CITY’S 6TH RHNA CYCLE (2021-2029) GENERAL PLAN HOUSING ELEMENT (FILE #
PLN23-0035)
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora (City) is aware of the State housing crisis and recognizes the need to provide housing for all economic segments of the community; and WHEREAS, the City recognizes that Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and SB 9 primary and secondary units are important improvements for property owners to provide needed housing and meet the City’s Regional Housing Needs Assessment (RHNA); and
WHEREAS, the City has adopted a General Plan, which includes all the elements mandated by California Government Code Section 65302; and WHEREAS, on December 13, 2022, the City adopted a General Plan Housing Element (Housing Element) for its 6th RHNA Cycle to cover the planning period from 2021 through 2029; and
WHEREAS, the Housing Element contains 17 programs for addressing community housing needs according to the following issue areas of Housing Conservation and Improvement, Housing Assistance, Provision of Adequate Housing Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunity; and
WHEREAS, this Ordinance provides for the implementation of Program 14 as set forth in the City’s adopted Housing Element to amend the City’s ADU ordinances to be consistent with state law, including but not limited to, eliminating the limit on the number of bedrooms; and WHEREAS, this Ordinance is consistent with the Initial Study and Negative Declaration prepared for the Housing Element in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission and City Council approved an initial policy (SB 9 Policy) to comply with the provisions of Senate Bill 9 (codified in California Government Code Sections 65852.21 and 66511.7); and
WHEREAS, the SB 9 Policy been revised and improved, the most recently in September of 2023; and
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Ordinance No. ____ Page 2 of 36
WHEREAS, this Ordinance amends Section 21.04.040 of the Glendora Municipal Code (GMC) to codify certain provisions of the SB 9 Policy and update its provisions to provide consistency with state laws regulating additional dwelling units; and WHEREAS, the Planning Commission held a public hearing on April 2, 2024, after due notice was given as required by law, and recommended adoption of this Ordinance; and WHEREAS, the City Council held a public hearing on April 23, 2024, 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 ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City, as the lead agency, is responsible for preparing environmental documentation in accordance with CEQA. On December 13, 2022, the City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. The City Council finds the introduction and adoption of this Ordinance’s zoning amendments to be consistent with the residential densities and total units considered in the IS/ND as well as the housing production actions committed to the State for certification of the housing element. Finally, the amendments are mostly minor changes to development standards and/or general/administrative process which will not result in any significant effects on the environment.
SECTION 3. Section 21.04.040 of Title 21 (Zoning) of the Glendora Municipal Code (GMC) is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.04.040 Accessory dwelling units and secondary SB 9 units.
A. Purpose. This section is intended to implement provisions of Government Code Sections 65852.2, 65852.22, 66452.6, 65852.21, and 66411.7 and, in case of ambiguity, shall be interpreted to be consistent with such provisions.
B. Applicability.
1. Accessory dwelling units shall be permitted on any lot where single-family or multifamily dwelling units are permitted. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and will be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.
2. Secondary SB 9 units and primary dwelling units shall be permitted on any lot zoned for single-family residential except as limited herein. Secondary SB 9 units shall not exceed the allowable density for the lot upon which they are located and are considered a residential use that is consistent with the existing general plan and zoning designation for the lot.
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Ordinance No. ____ Page 3 of 36
C. Accessory dwelling units.
1. Location.
a. An accessory dwelling unit shall be located on a lot that is zoned to allow single or multifamily residential uses and includes a proposed or existing dwelling. b. The accessory dwelling unit is either attached to the existing primary dwelling unit, attached to a secondary SB 9 unit, or detached and located on the same lot. c. An accessory dwelling unit shall not be permitted in a very high fire hazard severity zone where the lot is not served by a public or private street that meets city City standards.
2. Standards.
a. An accessory dwelling unit must be located on the same lot as the proposed or existing primary dwelling.
b. An accessory dwelling unit may be either attached or detached from the primary dwelling, attached or detached from any secondary SB 9 units, and in multifamily or mixed-use zones, attached or detached from any other accessory dwelling units. c. Attached or detached accessory dwelling units shall provide a separate entrance from the primary dwelling.
d. Accessory dwelling units shall have their address clearly labeled on the main entrance, and if the main entrance is not viewable from the street that the primary dwelling fronts, a corresponding address marking shall be viewable from the street. d. An accessory dwelling unit may have one or two bedrooms. e. An accessory dwelling unit shall comply with the lot coverage, floor area ratio, front setbacks, open space requirements, and limitations on the number and size of accessory structures of the zone, except that that. The application of these zoning standards shall not preclude the construction of an accessory dwelling unit that is eight hundred up to one thousand two hundred (1,200) square feet and maintains four-foot (4) side and rear setbacks, and is otherwise in compliance with all other local design, development standards. f. The architectural design and detailing, roof pitch and material, and exterior color and finish materials including trim and windows of an accessory dwelling unit shall match or complement the primary dwelling or be consistent with the City’s adopted objective design standards for residential development.
g. An accessory dwelling unit may not be sold or otherwise conveyed separate from the primary dwelling.
h. Neither the primary dwelling nor the accessory dwelling unit shall be rented for a period of less than thirty (30) days.
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Ordinance No. ____ Page 4 of 36
i. Accessory Dwelling Unit Development Standards:
Location Attached or detached from an existing dwelling unit.
Size Minimum size: efficiency unit as defined in the California Health and Safety Code § 17958.1.
Maximum size shall be 1,200 square feet.
Setbacks Front setback shall be the same as the regulatory setback of the zoning district.
Minimum side and rear setbacks shall be four (4) feet.
Height Maximum of two (2) stories, not to exceed 25 feet in height.
Off-street parking Not required, but one (1) space per dwelling unit recommended.
Attached
Location Attached to an existing or proposed primary dwelling unit Minimum size: efficiency unit as defined in Health and
Minimum/Maximum Safety Code § 17958.1
Size Maximum size: 50% of primary dwelling but not more than 1,000 square feet.
Setbacks
Same as the regulatory setbacks of the building to which the accessory dwelling units is attached, except that the side and rear setbacks are not required to be more than 4 feet.
Height
One story located and attached at the ground floor. Shall not exceed the maximum building height allowed for the
primary dwelling.
Detached
Location Side or rear yard
Minimum size: efficiency unit as defined in Health and
Safety Code § 17958.1 Size Maximum size: 1,000 square feet subject to development standards of the zone.
Setbacks Front - as required for accessory structures in the zone; Side - 3 feet; Rear - 3 feet
Height One story; 16 feet
D. Junior Accessory Dwelling Units.
1. Location.
a. A junior accessory dwelling unit may be located on a lot within a single-family zone. b. A junior accessory dwelling unit shall be constructed within the walls of a proposed or existing single-family residence.
2. Standards.
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a. A junior accessory dwelling unit shall not exceed five hundred (500) square feet and shall be constructed within the existing walls of an existing or proposed single-family dwelling. An additional one hundred fifty (150) square feet beyond the physical dimensions of the existing structure is permitted to accommodate ingress and egress to the junior accessory dwelling unit. b. A junior accessory shall include a separate exterior entrance from the main entrance to the primary dwelling unit.
c. A junior accessory dwelling unit shall include at least an efficiency kitchen which shall include all of the following: (i) a cooking facility with appliances; and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
d. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing primary dwelling. e. A junior accessory dwelling unit shall require owner-occupancy of the primary dwelling or the junior accessory dwelling unit. Before permit issuance, the City shall be provided a copy of a recorded deed restriction which shall include: (i) restrictions on the size and attributes of the junior accessory dwelling unit; (ii) prohibition of the sale of the junior accessory dwelling unit separate from the primary dwelling; (iii) if the junior accessory dwelling unit or primary dwelling is rented, the term shall not be for a period of less than thirty days; (iv) requirement that either the junior accessory dwelling or the primary dwelling be occupied by the property owner; and (v) a statement that the deed restriction shall be enforced against future owners.
E. Density and Conversion of Existing Structures.
1. The number of accessory and junior accessory dwelling units shall be permitted as follows:
a. One accessory dwelling unit on a lot located within a single-family zone. b. One junior accessory dwelling unit on a lot located within a single-family zone. c. The junior accessory dwelling unit is allowed on the same lot as an accessory dwelling unit and secondary SB 9 unit provided that the junior accessory dwelling unit is within the walls of a proposed or existing primary single-family dwelling. A junior accessory dwelling unit may be allowed on the same lot as an accessory dwelling unit provided the following criteria are met:
i. The accessory dwelling unit is detached and the junior accessory dwelling unit is within the proposed or existing space of a primary single-family dwelling. d. An existing detached accessory structure, regardless of size, may be converted to an accessory dwelling unit. No setback is required for the conversion or replacement of an existing living area, garage, or accessory structure to an accessory dwelling unit where the dimensions and location of the existing structure will not change.
e. Two (2) accessory dwelling units located on a lot with an existing or proposed multifamily dwelling.
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f. Portions of a multifamily dwelling structure that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to an accessory dwelling unit if each unit complies with state building standards for dwelling. The number of accessory dwelling units created by converting non-livable space shall not exceed twenty-five (25) percent of the multifamily dwelling units. Where the number of existing dwelling units is seven (7) or less, one accessory dwelling unit by conversion may be created. (Ord. 2053 § 3, 2020)
F. SB 9 Units
1. Location.
a. SB 9 lot splits and dwelling units shall be located on a lot within a single-family zone excluding the following:
i. A very high fire hazard severity zone where the lot is not served by a public or private street that meets City standards;
ii. A lot located within the Historic Preservation Overlay Zone (HPOZ); iii. A property that is on the State Historic Resources Inventory, or a site designated as a City or County landmark, or historic property or district; iv. Sites in 100-year floodplains and floodways unless a letter of map revision has been issued by FEMA or meets the minimum National Flood Insurance Program requirements as defined by FEMA;
v. Designated habitat for a protected species; or
vi. Undeveloped lots not improved with an existing single-family dwelling are ineligible for an SB 9 lot split.
2. Application Eligibility.
a. An applicant for SB 9 lot split must be an individual property owner of record meaning a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title, verifiably live on the subject project from the time of application, and agree to live on the subject property by signing a legal affidavit under penalty of perjury for false statements, to intend to live on the subject property for three (3) years from the date of the application. An applicant may not include any corporation or corporate person of any kind except for a community land trust or a qualified nonprofit corporation. b. Parcels created through a prior SB 9 lot split shall not be further subdivided. Neither the owner of the parcel being divided nor any other person acting in concert with the owner shall have previously subdivided any adjacent parcel under SB 9.
3. Standards
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a. A secondary SB 9 unit must be located on the same lot as the proposed or existing primary dwelling.
b. A secondary SB 9 unit may be either attached or detached from the primary dwelling, attached or detached from any accessory dwelling units. c. Attached or detached SB 9 dwelling units shall provide a separate entrance from the primary dwelling.
d. SB 9 units shall have their address clearly labeled on the main entrance, and if the main entrance is not viewable from the street that the primary dwelling fronts, a corresponding address marking viewable from the street.
e. The architectural design and detailing, roof pitch and material, and exterior color and finish materials including trim and windows of an SB 9 unit shall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development. f. An SB 9 unit shall not be sold or otherwise conveyed separately from the primary dwelling unit sharing the same lot.
g. Neither the primary dwelling nor the SB 9 unit shall be rented for a period of less than thirty (30) days.
h. The application of zoning standards shall not preclude the construction of a secondary SB 9 unit that is up to one thousand two hundred (1,200) square feet and maintains four-foot (4) side and rear setbacks, and is otherwise in compliance with all other local design, development standards. Secondary SB 9 units are exempt from floor area ratio requirements. i. If there is a combination of SB 9 units, ADUs, and/or JADU, the parking requirement for each unit shall be according to the standards for that unit in the Glendora Municipal Code. j. One off street parking space per SB 9 unit shall be required, outside of the required setbacks abutting a public or private street, according to the standards prescribed in Section
21.03.020, unless:
i. The parcel is located within a one-half (1/2) mile walking distance of a highquality transit corridor, or a major transit stop (see definitions in Public Resources Code Sections 21155 and 21064.3);
ii. There is a car share vehicle located within one block of the parcel. For Glendora, the only eligible transit facilities known are Metro’s “APU/Citrus” station and the future “Glendora” station.
k. SB 9 unit development standards:
Location Attached or detached from an existing dwelling unit.
Secondary SB 9 Unit Size Minimum size: efficiency unit as defined in the California Health and Safety Code § 17958.1.
Item #6. Page 13
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Ordinance No. ____ Page 8 of 36
Maximum size shall be 1,200 square feet.
Proposed Primary SB 9
Unit Size on an
undeveloped lot created
through an SB 9 lot split.
Maximum allowable under the underlying zone’s floor area ratio (FAR) subtracting 1,200 square feet for a secondary unit.
For example, on a 10,000 square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be 2,300 square feet.
Setbacks Front setback shall be the same as the regulatory setback of the zoning district.
Side and rear setbacks shall be 4 feet.
Height Two (2) stories, not to exceed 25 feet in height.
Open Space 200 square feet of open space shall be provided per dwelling unit on SB 9 developments. This may be common open space and no dimension shall be less than ten (10) feet. Parking facilities, driveways, and service areas are not usable open space.
Off-Street Parking One (1) off-street parking space, meeting City standards, is required per SB 9 unit. For example, on a development with a primary dwelling unit, an ADU, and a Secondary SB 9 unit, two spaces are required (1 for the primary dwelling, and 1 for the Secondary SB 9 unit, with ADUs exempt from parking
requirements).
4. Density and conversion of existing structures. The number of SB 9 units shall be permitted as follows:
a. One primary SB 9 unit on a lot created through an urban lot split. b. One secondary SB 9 unit on a lot located within a single-family zone. c. The total number of dwelling units within the area of the original single-family lot shall not exceed four (4) regardless of whether the lot is split or not i.e. SB 9 is not a pathway to get 8 units on two lots created from one original lot.
d. Possible residential dwelling unit configurations if lot is not split under SB 9:
i. Primary dwelling, secondary dwelling
ii. Primary dwelling, JADU
iii. Primary dwelling, ADU
iv. Primary dwelling, ADU, JADU
v. Primary dwelling, secondary dwelling, ADU
vi. Duplex (primary and secondary dwelling attached)
vii. Duplex (primary and secondary dwelling attached), ADU(s) Item #6. Page 14
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Ordinance No. ____ Page 9 of 36
viii. Primary dwelling, detached ADU(s), and JADU
ix. Quadplex (Primary dwelling, secondary dwelling, ADU, and JADU) e. Possible residential dwelling unit configurations if lot is split under SB 9:
i. Primary dwelling, secondary dwelling
ii. Duplex (one primary and one secondary dwelling attached) iii. Primary dwelling with a JADU
iv. Primary dwelling with an existing ADU (attached or detached) f. A primary dwelling unit that was legally established prior to the SB 9 lot split and that is larger than 1,200 square feet, may only be enlarged to the maximum square footage allowable under the FAR subtracting 1,200 square feet. If an existing primary dwelling unit exceeds the allowable FAR, then the primary dwelling unit may not be enlarged. g. Unless superseded by state law, the granting of variances for relief from any development standard or requirement for any permit under SB 9 is prohibited.” SECTION 4. Section 21.01.020 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.01.020 Definitions.
A. Purpose. The purpose of this section is to promote consistency in the application and interpretation of regulations throughout this title. The meaning and construction of words and phrases defined in this section are to apply throughout this title.
B. General Interpretation.
1. The word “shall” is mandatory and not discretionary. The word “may” is permissive and discretionary.
2. In the case of any differences of meaning or implication between the text of any provision and any caption or illustration, the text shall control.
3. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable and words in the singular and plural are interchangeable.
4. The word “person” shall include natural individuals and artificial entities.
5. The word “use” shall include alter, arrange, build, construct, convert, design, develop, enlarge, erect, establish, expand, lease, maintain, occupy, operate, rent or intend to use.
C. Definitions.
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“Access” means entrance to or exit from a parcel of land or use from a right-of-way or easement. “Accessory dwelling unit” or “ADU” means an attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) an efficiency unit as defined in Section 17958.1 of the California Health and Safety Code; (2) a manufactured home, as defined in Section 18007 of the California Health and Safety Code. “Accessory use” means a use that is subordinate and incidental to a principal use on a parcel of land, provided, that such use does not alter the principal use of the land. “Addition” means any construction that increases the size of a structure. “Adult business” means any establishment that offers its patrons—as a substantial or significant portion of the business—materials, services or entertainment that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials, services or entertainment. Such establishments may include, but not be limited to, any of the following:
1. Adult Bookstore. An establishment having, as a substantial or significant portion of its stock in trade, material that is characterized by its emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
2. Adult Hotel or Motel. A hotel or a motel where material is presented through closed circuit television, cable television or any other form of media or telecommunications that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.
3. Adult Theater. An establishment where there is presented live entertainment, motion pictures, slide photographs, closed circuit television, cable television or any other form of media or telecommunications that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.
4. Modeling Studio. An establishment where figure models display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying consideration or gratuity.
For the purpose of the definition of “adult business”:
1. “Material” includes books, drawing, magazines, motion pictures, newspapers, paintings, pamphlets, periodicals, photographs, prints, video cassettes or any other similar matter or combination.
2. “Specified anatomical areas” includes less than completely and opaquely covered human genitals, pubic region, buttock and female breasts below a point immediately above the top of the Item #6. Page 16
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areola and human male genitals in a discernibly enlarged state, even if completely and opaquely covered.
3. “Specified sexual activities” includes human genitals in a state of sexual stimulation, arousal or enlargement; actual or simulated acts of masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts. “Aisle” means a driveway that abuts and provides direct access to parking stalls. “Alteration” means any change in the arrangement of the supporting members of a structure or change in the appearance of a structure, but excluding work for which a building permit is not required.
“Alteration (of a preserved feature of a historic resource or landmark)” means any exterior change in a preserved feature of a historic resource or landmark, such as color, texture, topography, grading, plant materials, paving, natural features, archaeological areas, signs, fixtures, furniture, walls, fences, stairs, etc.
“Amusement device” means any device that provides entertainment in exchange for payment. This definition shall not include jukeboxes, telephone devices or machines that dispense food, beverages or merchandise.
“Antenna” means any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar devices used for the transmission or reception of radio, telephone, television or other audio or visual signals.
“Antique store” means a retail business engaged in buying and selling antiques which consist of old objects such as china or furniture considered valuable because of their age, beauty or rarity.
All business activity and storage shall be conducted within a building. “Apartment” means a room or set of rooms leased as a dwelling unit. A building containing several individual apartments.
“Applicable development” means a development project that meets the threshold criteria contained in Section 21.03.070(C)(1), (2) and (3), Trip Reduction and Travel Demand Management Measures.
“Application workshop” means an informal workshop to familiarize applicants and property owners with the regulations and procedures that apply to the projects. “Arcade” means an establishment containing three or more amusement devices. “Architectural feature” means a physical element embodying the style, design, arrangement and components of an improvement that provides variation or relief, including, but not limited to, the kind, color and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures added to such improvement.
Area, Gross. “Gross area” means the total land area of a parcel of land before rights-of-way, easements and other areas to be dedicated or reserved for public use are deducted.
Item #6. Page 17
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Ordinance No. ____ Page 12 of 36
Area, Net. “Net area” means the total land area of a parcel of land after rights-of-way, easements and other areas to be dedicated or reserved for public use are deducted. “Basement” means a floor level partly or wholly underground. “Beauty/health spa” means a commercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, and weight management. A “beauty/health spa” does not include massage/massage therapy as defined in Title 5 Chapter 1.10 Massage Establishments. “Beauty shop” means a commercial establishment that sells beauty and health products and/or provides personal care and grooming services such as hair cutting and styling, nail care, facial hair removal, and make-up application to the face. A “beauty shop” does not include electrolysis, facials, skin care and skin treatment services, massage, reflexology, tanning, body wrapping or weight management.
“Bedroom” means a private room furnished with a bed and intended primarily for sleeping, being separated from other rooms by a door and generally having a closet or storage nook. “Boarding house” means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence.
“Body art” means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole (pierced in the body) for display purposes. “Body art” is the collective term for any single activity or combination of activities defined as tattooing, body piercing or permanent cosmetics.
“Body art establishment” means any business, facility, room, or any portion thereof, used or operated as a tattoo parlor or as a body piercing parlor or as a permanent cosmetics parlor. “Building” means any structure used to support or shelter any use or occupancy.
Building, Accessory—Attached. “Attached accessory building” means a building that is subordinate and attached or closer than six feet to a main building.
Building, Accessory—Detached. “Detached accessory building” means a building that is subordinate and located at least six feet from a main building.
Building, Main. “Main building” means a building used for principal uses. “Building official” means the person designated by the city to administer and enforce the provisions of the building code.
Item #6. Page 18
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Ordinance No. ____ Page 13 of 36
“Building restriction area” means those land areas identified on a final subdivision map or parcel map approved by the city to remain in their natural state to the greatest extent feasible and to prohibit all structures or grading in those land areas. “Bus pool” means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route and according to a fixed schedule. “California licensed medical professional” means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, or physical therapist who is duly licensed to practice his or her respective profession in the state of California and who performs activities encompassed by such professional license.
“Car pool” means a vehicle carrying two to six people commuting to and from work on a regular basis.
“Carport” means a structure consisting of a roof and supporting members, which is not enclosed on all sides and is designed or used for the parking of motor vehicles. “Church” means a use located in a permanent building and providing regular organized religious worship and religious education incidental to, but excluding a private education facility. A property tax exemption obtained pursuant to the Constitution of the state of California and of the Revenue and Taxation Code of the state of California shall constitute prima facie (obvious) evidence that such use is a church.
“City” means the city of Glendora.
“Coin dealer” means any person, firm, partnership, or corporation whose principal business is the buying, selling and trading of coins, monetized bullion, or commercial grade ingots of gold, silver or other precious metals.
“Commercial” means carrying on a trade, commerce and/or service for the purpose of providing substance or profit and into which the elements of bargain, sale, barter, exchange or traffic enter. “Commercial grade ingots” mean 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
“Commission” means the planning commission of the city of Glendora. “Community care facility” means a facility licensed by the state or county, which provides lodging, meals, nursing, dietary or other personal services to convalescents, invalids or the elderly for six or more patients, but does not include surgery or the care of substance abusers or persons with communicable diseases.
“Construction” means the placement of construction materials in their permanent positions fastened in a permanent manner; excavation for a basement; or removal of an existing structure prior to construction.
Convalescent Facility. See definition for “Community care facility.” Item #6. Page 19
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Ordinance No. ____ Page 14 of 36
“Convenience store” means a commercial establishment with retail sales of groceries, staples, sundry items and/or alcoholic beverages within a structure of less than five thousand square feet of gross floor area.
“Convenience store (in conjunction with a service station)” means a building or portion of a building that is devoted to the sales of items which may include, but not be limited to, food, dairy and tobacco products; canned goods; cosmetics; nonprescription drugs; plastic goods; newspapers; periodicals; automobile fluids; and automobile accessories. “Convenience zone” means an area designated by the State Department of Conservation, Division of Recycling within a one-half mile radius of a host use. “Council” means the city council of the city of Glendora. “County” means the county of Los Angeles.
“Cultural resource” means an improvement or site of scientific, community, aesthetic, educational, archaeological, cultural, architectural or historical significance that may be recommended as a preserved feature of a historic resource or landmark.
“Dancing” means any dance where two or more persons dance in or upon any premises to which the public is admitted, or at an event held by a dancing club or a bona fide memorial, fraternal, or civic association, or held under the auspices of a school, public recreation, or community service organization.
“Deck” means any structure which serves as a raised horizontal platform on floor constructed of wood or other materials, without enclosing walls or roof. The structure may be detached or attached to another structure (residential, commercial, educational, industrial, etc.). “Development” means any manmade change to real property, including but not limited to, construction, grading or paving.
“Diameter at breast height (DBH)” means a measure of the diameter of a tree trunk at four and one-half feet above grade.
“Director” means the planning director of the city of Glendora or designee. “Display area” means the amount of shelf space, whose minimum dimension is fifteen inches and is calculated in lineal feet, for the display of products accessible for purchase by the public. “Drive-in business” means a commercial enterprise designed or operated so as to enable persons to receive service or purchase or consume goods while remaining within a motor vehicle.
Drive-Through Business. See definition for “Drive-in business.” “Driveway” means a permanently surfaced area providing direct vehicular access between a street and an off-street parking or loading area.
Item #6. Page 20
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Ordinance No. ____ Page 15 of 36
“Dwelling unit” means a house, an apartment, employee housing, a mobile home, a group of rooms or a single room that is occupied or intended for occupancy as separate living quarters in which the occupants live and eat separately from any other people in the building and which have direct access from the outside of the building or through a common hall. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. “Employee housing” means accommodations for six or fewer employees, as described, defined, and regulated by the Employee Housing Act, Section 17000 et seq. of the California Health and Safety Code.
“Entertainment” means and includes any activity planned or engaged in or permitted to occur for the purpose of or resulting in attracting, amusing, diverting or retaining the attention of or participation of patrons or customers at any public place, whether or not food or beverages are sold, offered for sale, or given away, and shall specifically include, but not be limited to, any act, play, performance, show, exhibition, dancing, concert, multi-media or telecommunication entertainment, contest or similar activity. “Entertainment” shall not include electronically reproduced music provided solely for ambience.
Floor Area, Gross. “Gross floor area” means the area of the ground floor and any additional stories of a building. Measurements shall be taken from the exterior faces of walls. “Floor area ratio (FAR)” means the combined floor area of all stories of all buildings on a lot divided by the lot area. The area of an attached garage, up to a maximum of four hundred square feet, shall not be included in the calculation of floor area ratio. “Fortunetelling” means and includes the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, divination, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, horoscopic reading, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic, of any kind or nature. “Tell fortunes” means to actively conduct, engage in, carry on or participate in fortunetelling for pay.
“Fortunetelling” does not include any of the following persons or activities:
1. Any person who engages solely in the business of entertaining the public by fortunetelling at a public place and within the presence and hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers; Item #6. Page 21
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Ordinance No. ____ Page 16 of 36
2. Any person who conducts, engages in, carries on or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant (hereinafter collectively referred to as minister) from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith, provided that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to, or for the benefit of, the bona fide church or religious association, as defined in this subsection, except that the bona fide church or religious association, as defined in this exception, may pay to its minister a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
“Garage” means a fully enclosed accessory structure used for the parking of motor vehicles.
Garage, Subterranean. “Subterranean garage” means a garage that has a vertical measurement from the upper surface of the garage floor to the ceiling of the garage not exceeding eight feet, is attached to the main building, is below finish grade except the main entrance and is not visible from public rights-of-way.
“Gated community” means a residential neighborhood where accessibility is controlled by means of a gate, barrier or other similar improvements within or across a privately maintained right-ofway. “General plan” means a comprehensive declaration of goals, objectives, policies and programs for the development of the city, which includes diagrams, maps and text that have been adopted by the city council.
“Gold and silver dealer” commonly referred to as “cash for gold,” means the operation of a gold and silver business, either stand alone or in conjunction with the operation of a retail store (e.g., jewelry store, or other similar store) which results in twenty percent or more of their gross business receipts being derived from the purchase of gold or silver jewelry or other similar items (including, but not limited to, art objects, flatware, tableware or other personal household items). Gold and silver dealers are required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Gold and silver dealer does not include:
1. Coin dealers;
2. Participants at gun shows or events who are not a “gun show trader”;
3. Antique stores;
4. Auctioneers;
5. Reconditioning and sale of household appliances.
“Grade” means the vertical elevation of the ground surface.
Grade, Existing. “Existing grade” means the grade prior to grading.
Item #6. Page 22
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Ordinance No. ____ Page 17 of 36
Grade, Finish. “Finish grade” means the grade after grading, which conforms to the approved grading or drainage plan.
“Grading” means any excavating, filling, stripping or stockpiling of earth.
Grade, Rough. “Rough grade” means the grade after grading, which approximately conforms to the approved grading or drainage plan.
“Guest house” means living quarters within an accessory building for the exclusive use of temporary, nonpaying guests of the resident family and limited to one bedroom and a three-quarter bathroom (sink, toilet and bath or shower only) with no kitchen facilities and no additional sinks allowed.
“Gym” means a commercial fitness center, athletic club, or health club for the purpose of exercising and improving physical fitness and health. A “gym” includes, but is not limited to, group exercise facilities such as exercise machines/equipment, weights, training/classrooms, and/or the sale of health/fitness products, and can include massage as an accessory use with a CUP. “Hazardous materials” means any substance that appears on the “List of Acutely Toxic Chemicals” maintained by the Environmental Protection Agency or the “List of Hazardous Materials” maintained by the CAL OSHA director.
Height, Building. “Building height” means the vertical distance between any point on the roof and the exterior finish grade at the nearest exterior wall of the building, except that if the exterior wall contains the main entrance to a subterranean garage, the vertical distance shall be measured to the ceiling of the garage. When two or more walls are an equal distance from the point of measurement, the lowest finish grade elevation shall be used.
Height, Fence or Wall. “Fence or wall height” means the vertical distance between the top of a fence or wall and the finish grade level measured on the highest grade level immediately adjacent to the base of the fence or wall.
“Historic resource” means a cultural resource that has received such designation by resolution of the commission. This designation requires the planning commission review of all alterations that affect the exterior appearance of any preserved feature and requires the issuance of a building permit.
“Home occupation” means a commercial enterprise conducted as an accessory use on a residentially zoned lot.
“Hospital” means a facility providing health, medical or surgical care with inpatient facilities. “Host use” means a full-line, self-service retail store with gross annual sales of two million dollars or more, sells a line of dry grocery, and is the center of a convenience zone as used in Section 21.03.080 of this title.
“Hotel” means any building or portion containing rooms that are occupied for sleeping purposes by transient guests for compensation, whose stay shall not exceed thirty consecutive days or be less than one day.
Item #6. Page 23
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Ordinance No. ____ Page 18 of 36
“Household” means all the persons who occupy a dwelling unit. The occupants may be a singlefamily, two or more families living together, one person living alone or any other group of related or unrelated persons who share living arrangements.
“Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. “Improvement” means any manmade, immovable item that is part of, located on, or affixed to a lot.
“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time.
“Junior Aaccessory Dwwelling Uunit” or “JADU” means a dwelling unit that is no more than five hundred square feet in size and contained entirely within the walls of a single-family residence. “Kitchen” means any room or any portion of a structure designed to be used for cooking and preparing food.
“Landmark” means a cultural resource that has received such designation by resolution of the council. This designation requires the planning commission review of all alterations that affect the exterior appearance of any preserved feature and prohibits their demolition or relocation outside city boundaries.
“Landscaped area” means the entire lot area less the building footprints, driveways, parking areas and hardscapes such as decks, patios and other nonporous areas. Water features are considered landscaped areas. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not considered landscaped areas.
“Landscaping” means the planting, irrigation and maintenance of trees, shrubs, vines, ground covers, flowers or lawns and which may include other features such as earth mounds, stone, masonry, pools, art works, screens, walls, fences and benches. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, excluding a garage.
“Loading space” means an off-street space for the loading or unloading of commercial vehicles. “Lot” means a designated parcel of land established by plat, subdivision, or as otherwise permitted by law.
“Lot coverage” means the area of a lot covered by buildings, structures and other impervious surfaces.
“Lot depth” means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.
Item #6. Page 24
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Ordinance No. ____ Page 19 of 36
Lot Line, Front. “Front lot line” means the property line along the narrowest street frontage of a lot or the property line toward which the front of an existing residence is oriented.
Lot Line, Rear. “Rear lot line” means a lot line that is opposite and the most distant from the front lot line. In the case of an irregular-shaped lot, a line ten feet in length within the lot that is parallel to and at the maximum distance from the front lot line.
Lot Line, Side. “Side lot line” means any lot boundary line not a front lot line or a rear lot line. “Lot width” means the distance between the side lot lines measured along the required front setback line.
“Marijuana” means all parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not, and includes Cannabis or Cannabis-infused products used for medicinal purposes in accordance with California Health and Safety Code Section 11362.5. “Marijuana dispensary” means any facility or location, whether fixed or mobile, where marijuana or marijuana-infused products such as tinctures, baked goods, or other consumable products are cultivated, manufactured, or by any means transported or delivered, or arranged to be transported or delivered, made available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card. The terms “primary caregiver,” “qualified patient” and “person with an identification card” as used within this definition shall be identified in strict accordance with California Health and Safety Code Section 11362.5 et seq., inclusive of California Health and Safety Code Section 11362.7.
Massage. See Section 5.10.010(4) for definition.
Massage Establishment. See Section 5.10.010(3) for definition.
Massage Therapy. See Section 5.10.010(12) for definition. “Medical office/medical clinic” means a facility, commercial office or clinic in which a “California licensed medical professional,” as defined by Title 21, Zoning, Section 21.01.020, Definitions, of the Glendora Municipal Code, practices his or her respective profession and performs activities encompassed by such professional license, including, but not limited to, seeing patients and providing health, medical, or surgical treatment for outpatients only, including, but not limited to, massage therapy conducted by a California licensed physician, surgeon, chiropractor, acupuncturist, osteopath, nurse or physical therapist (“California licensed medical professional”). “Mined-land reclamation project” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials and the bins, boxes or containers transported by such vehicles.
Motel. See definition for “Hotel.”
Item #6. Page 25
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Ordinance No. ____ Page 20 of 36
“Mulch” means any material such as leaves, bark, straw, compost, manure or other materials left loose and applied to the soil surface to reduce evaporation. “Nonconforming improvement” means an improvement that conformed to applicable laws when constructed, but which fails to conform to any one or more of the applicable standards of this title.
See definition for “Improvement.”
“Nonconforming lot” means a lot that conformed to applicable laws when created, but which fails to conform to any one or more of the applicable standards of this title for size, dimension, or configuration. See definition for “Lot.”
“Nonconforming structure” means a structure that conformed to applicable laws when constructed, but which fails to conform to any one or more of the applicable standards of this title. See definition for “Structure.”
“Nonconforming use” means a use that conformed to applicable laws when initiated, but which fails to conform to the permitted uses of the underlying zone and the applicable provisions of this title.
“Nozzle” means a device used to transmit motor fuels from a storage tank to a motor vehicle or other approved storage container.
Nursing facility. See definition for “Community care facility.” Open Space, Common. “Common open space” means an area intended for the nonexclusive use of the occupants of more than one dwelling unit and which may include recreation facilities and landscaped areas, but not including driveways, parking areas, service areas, setbacks abutting a street, parkways and portions of balconies or roof decks that extend into required setback areas.
Open Space, Private. “Private open space” means an area intended for the exclusive use of the occupants of one dwelling unit and which may include recreation facilities and landscaped areas, but not including driveways, parking areas, service areas, setbacks abutting a street, parkways and portions of balconies or roof decks that extend into required setback areas. “Overlay zone” means the classification of property for special uses or standards in addition to or in lieu of the uses or the standards of the underlying zone. “Overspray” means the water that is delivered beyond the landscaped area, wetting pavements, walks, structures or other non-landscaped areas.
“Owner” means any person having a legal or equitable interest in real property.
Parcel. See definition for “Lot.”
“Parking stall” means a space for the parking of a vehicle.
Patio Structure, Open. “Open patio structure” means a roofed structure with at least one side completely open and used principally for recreation.
Item #6. Page 26
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“Pawnbroker” means any person, co-partnership, firm, or corporation in possession of a valid pawnbroker’s license (California Finance Code, Section 2100) whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. The key difference between a “pawnbroker” and a “secondhand dealer” is that a pawnbroker loans money for tangible personal property while a secondhand dealer does not. Pawnbrokers are required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Pawnbroker does not include:
1. Coin dealers;
2. Participants at gun shows or events who are not a “gun show trader”;
3. Antique stores;
4. Auctioneers;
5. Reconditioning and sale of household appliances.
“Pawn shop” means a business engaged in conducting, managing, or carrying on the business of pawnbroking or loaning money, which includes buying, selling, taking in pawn tangible personal property. All business activities and storage shall be conducted inside the building. “Pedestrian corridor” means an area of not less than ten feet in width through which the general public has access to a business tenant enclosure.
“Personal services and sales” means an establishment that provides non-medical services including, but are not limited to, retail sales of small personal convenience items and professional services which are used frequently by the business community. Uses typically include, beauty and barber shops, florist shops, photography studios, private postal service, travel agencies, tailors, tanning salons, shoe repair, video sales and/or rental, apparel laundering and dry cleaning agencies. “Planned development” means a comprehensive residential project that is developed through the use of site planning techniques not permitted through the literal application of zoning and subdivision regulations.
“Planned redevelopment” means a comprehensive development project that is developed through the use of site planning techniques not permitted through the literal application of zoning and subdivision regulations.
“Preferential parking” means parking stalls designated or assigned through the use of signs or markings for car pool and van pool vehicles that are provided in a location more convenient to a place of employment than parking stalls provided for single-occupant vehicles, but without displacing handicapped and customer parking needs.
“Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.
Item #6. Page 27
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“Preserved feature” means a cultural resource to be preserved by a historic resource or landmark designation.
“Prezone” means the designation of an area by zoning classification as shown on the official prezone map for unincorporated properties within the planning area. “Primary color” means any of a set of colors from which all other colors may be derived. “Primary residence”, “primary dwelling unit”, and “single-family residence” means the largest dwelling unit on a lot within a single-family zone. If the lot includes dwelling units of equal size, the primary residence/single-family residence shall be the dwelling-unit nearest the front lot line.
“Primary SB 9 unit” means an existing or proposed primary residence/single family residence on a lot created through an urban lot split under the provisions of SB 9. It is subject to the development standards of the zone subject to a one thousand two hundred (1,200) square foot reduction in gross floor area to accommodate one secondary SB 9 unit. “Principal use” means the primary or predominant use of any lot. “Public facility” means any government-owned building, structure, improvement, service, use or combination thereof which comprises the primary use on a parcel or site and is necessary to provide essential services to the general public. Examples of such facilities include parks, community buildings, transportation facilities, civic centers, police stations, fire stations, libraries, post offices and maintenance yards.
“Public storage facility” means any structure with separate storage spaces that are leased or rented to the public on an individual basis.
“Public utility transmission facility” means a public utility electrical power substation. “Pump” means a device used to operate at least two nozzles. “Pump island” means an elevated concrete pad where one or more pumps are situated. “Rain-sensing override device” means a system that automatically shuts off the irrigation system when it rains. “Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational purposes. The term includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles. “Recyclable material” means reusable material, including, but not limited to, newspapers, glass, plastic, aluminum and bi-metal containers which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or motor oil.
“Rehabilitated landscape” means any re-landscaping on a project that requires a permit, including a grading permit, building permit or conditional use permit.
Item #6. Page 28
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“Rehabilitation” means the act of returning an improvement or site to a condition of use, through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those features of the improvement or site that are significant to the city’s historical, architectural, archaeological, cultural or aesthetic heritage.
Residence, Multiple-Family. “Multiple-family residence” means a building used to house two or more families living independently of each other, including domestic employees.
Residence, Single-Family. “Single-family residence” means a building used to house one family, including domestic employees.
Restaurant, Dining. “Dining restaurant” means a use providing preparation and retail sale of food and beverages which are consumed primarily within the principal building and any patio attached thereto, and which may: (1) provide, as an ancillary service, food to be taken out of the premises from the principal building only; (2) include licensed “on-site” provision of alcoholic beverages for consumption on the premises of the principal building and any patio attached thereto, when such beverages are accessory to, and served with, such food to be eaten within the principal building or the attached patio; and (3) include the licensed sale of beer and/or wine for “off-site” consumption, as an ancillary service, only when such beverages are sold in conjunction with a take-out order of food. This use shall not provide drive-through lanes and/or outside walk-up windows or the ordering and dispensing of food and beverages to patrons.
Restaurant, Fast Food. “Fast food restaurant” means a use providing primarily for the preparation and retail sale of pre-prepared or rapidly prepared food and beverages in a ready-to-consume state for consumption either within or about the restaurant building premises or off the premises. A fast food restaurant may include one or more drive-through lanes and/or outside walk-up windows for the ordering and dispensing of food and beverages to patrons. This use may include licensed “onsite” provision of beer and/or wine for consumption on the premises of the principal building and any patio attached thereto, when such beverages are accessory to, and served with, food to be eaten within the principal building or attached patio. This use may include the licensed sale of beer and/or wine for “off-site” consumption, as an ancillary service, only when such beverages are sold in conjunction with a take-out order of food. Neither the “on-site” nor “off-site” sale of alcoholic beverages shall be permitted at a fast food restaurant where drive-through lanes and/or outside walk-up windows are provided.
“Restoration” means the act or process of accurately recovering the form and details of a preserved feature and its setting as it appeared at a particular period of time by removing later additions and replacing missing earlier portions of the feature.
“Reviewing body” means and can be, depending on the entitlement requested, the planning director, the planning commission and/or the city council. “Ridgeline” means a ground line located at the highest elevation of a connected series of hills or mountains.
“Right-of-way” means the entire width of an area open for public use, as a matter of right, for purposes of vehicular and pedestrian access, as measured from the abutting property lines.
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“Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the area.
“SB 9” means Senate Bill 9, effective January 1, 2022, amending Section 66452.6 and adding Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use. “SB 9 Lot Split” means dividing one eligible, single-family zoned lot into two lots subject to the provisions of SB 9 and the Glendora Municipal Code. It is used synonymously with “urban lot split” and “lot split”.
“SB 9 Unit” means an additional attached or detached dwelling unit that homeowners in a single-family zoning district may be eligible to construct under the provisions of SB 9.
School, Educational. “Educational school” means a public or private institution conducting regular academic instruction at the kindergarten, elementary, secondary or collegiate levels including graduate schools, universities and research institutions.
School, Public. “Public school” means a school or institution controlled and operated by publicly elected or appointed officials and deriving its primary support from public funds.
School, Vocational. “Vocational school” means an institution offering instruction in the technical, commercial or trade skills, such as real estate, business, electronics, automotive and aircraft mechanics, music and similar skills.
Secondary SB 9 Unit. “Secondary SB 9 unit(s)” means an attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on lot with a proposed or existing primary residence, as authorized under SB 9. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family.
“Secondhand dealer” means any person, co-partnership, firm or corporation in possession of a valid secondhand dealer’s license (California Finance Code, Section 2100) whose business includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property. A secondhand dealer who buys secondhand tangible personal property would be required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647.
Secondhand dealer does not include:
1. Coin dealers;
2. Participants at gun shows or events who are not a “gun show trader”;
3. Antique stores;
4. Auctioneers;
5. Reconditioning and sale of household appliances.
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“Secondhand store” means a retail store or reseller operated by a secondhand dealer and offering used clothes, furniture, household appliances or similar merchandise, providing: (1) used merchandise may be purchased for resale or accepted for consignment; and (2) used materials or goods for sale that may require cleaning, repair or assembly or refurbishment before it can be worn or put to normal use. Merchandise may be donated. All business activity, collection, and storage shall be conducted inside the building.
Service Station, Full. “Full service station” means a retail place of business engaged in minor automotive repair and the sale of motor fuels, oils, fluids and accessory items such as tires, wiper blades, fuel tank caps, radiator pressure caps and radiator hoses that are generally required for the operation of motor vehicles and which may include a convenience store.
Service Station, Self. “Self service station” means a retail place of business engaged in the sale of motor fuels, oils, fluids and accessory items such as tires, wiper blades, fuel tank caps, radiator pressure caps and radiator hoses that are generally required for the operation of motor vehicles and which may include a convenience store.
“Setback” means the distance between a structure and a property line. “Short-term rental” or “STR” means any dwelling unit, single-family residence, multiple-family residence, guest house, accessory dwelling unit, or junior accessory dwelling unit within all zones in the city of Glendora that support or include residential uses, whether as a permitted use or conditionally permitted use, which is rented to one or more guests for compensation for the purpose of lodging or hosting events for a period of thirty or fewer consecutive days. “Short-term rental” encompasses such dwelling units regardless of whether the owner, permanent occupant or other STR host is present on-site during the rental period. For purposes of this definition only, “for compensation” includes, but is not limited to, rental of the short-term rental for any form of monetary or non–monetary consideration, including but not limited to money, goods, or services, as well as in-kind exchanges of goods, services, or premises. “Short-term rental” does not include any commercial use for which a business license or other permit pursuant to Title 5 of this code has been issued prior to the effective date of Section 21.03.140 of this code. “Single-feed reverse vending machine” means a mechanical device that occupies an area of less than fifty square feet; accepts one or more types of empty beverage containers one at a time, including, but not limited to, aluminum cans and glass and plastic bottles; and issues a cash refund or a redeemable coupon.
“Single room occupancy (SRO) housing” means housing (consisting of single-room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). “Slope” means the degree of deviation of a surface from the horizontal plane, expressed as degrees, percent or ratio.
“Small recycling collection facility” means a facility that occupies an area of less than five hundred square feet and is intended for collection only. Such facilities include a single-feed reverse vending machine, a group of reverse vending machines, bulk reverse vending machines, kiosk type units, mobile recycling units and containers for the collection of newspapers.
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“Soil moisture-sensing device” means a device that measures the amount of water in the soil and automatically shuts off the irrigation system when the soil obtains the proper amount of moisture.
Spa. See definition for “Swimming pool.”
“Stacking space” means a waiting area for vehicles at a drive-through business. “Story” means that portion of a building between the upper surface of a floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building between the upper surface of the topmost floor and the ceiling. If the upper surface of any floor that is directly above a basement or under floor space is more than two feet above finish grade at any point, such basement or under floor space shall be considered a story. “Street” means that portion of the right-of-way designed for vehicular traffic.
Street, Private. “Private street” means any parcels of land or portions that are used for access to public streets, but which are not driveways or dedicated public rights-of-way. “STR Advertisement[ing]” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, including any STR hosting platform, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction for renting a short-term rental. For purposes of this definition, a “hosting platform” is a company that participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. “STR Host” means the owner or authorized agent, of a short-term rental, who is responsible for its operation. The property owner is always deemed to be a host for purposes of the ordinance codified in this chapter; however, in conjunction with the property owner,a tenant, mortgagee in possession, a management company, or any combination thereof may also qualify as hosts for short-term rental purposes.
“Structure” means anything constructed or any piece of work built up or composed of parts joined together in some definite manner.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Swap Meet, Indoor. “Indoor swap meet” means an establishment housing three or more separate business tenants, each of whom conducts business from an enclosure that separates the business from other businesses by less than complete floor to ceiling walls and that lacks lockable access doors.
Swap Meet, Outdoor. “Outdoor swap meet” means a business conducted outdoors at which two or more persons offer merchandise for sale or exchange and that meets at least one of the following conditions: (1) a fee is charged for the privilege of offering or displaying merchandise for sale or Item #6. Page 32
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exchange or (2) a fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange. “Swimming pool” means a body of water created by artificial means that is designed for swimming or bodily immersion and any portion of which exceeds thirty-six inches in depth. “Tandem parking stall” means a parking stall so located that it is necessary to move one or more other vehicles in order for a vehicle to access the tandem parking stall. “Tangible personal property” means all secondhand property including, but not limited to:
clothing, jewelry, personal property which bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or pawnbroker; or, which, at the time it is acquired by the pawnbroker, or secondhand dealer bears evidence of having had a serial number or personalized initials or inscription. Tangible personal property also includes new or used motor vehicles received in pledge as security for a loan by a pawnbroker. Tangible personal property does not include new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise, or coins, monetized bullion, or commercial grade ingots of precious metals.
Tenant, Business. “Business tenant” means a person or entity who, by an oral or written lease or license, is permitted to sell new or used goods or merchandise.
Tenant Enclosure, Business. “Business tenant enclosure” means an area from which one tenant can engage in the sale of new or used goods or merchandise. “Thrift store” means a retail store offering used clothing, furniture or household items which are in good repair providing: (1) all clothes are displayed on racks, folded on shelves or tables, or in some organized fashion as distinguished from heaps or piles; (2) no merchandise shall be accepted on consignment; and (3) merchandise requires no cleaning, repair assembly, or refurbishment before it can be worn or put to normal use. The majority of merchandise offered for sale can be donated. All business activity and storage shall be conducted inside the building. “Transitional housing” and “transitional housing development” mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. “Travel demand management (TDM)” means the alteration of travel behavior through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as car pooling, van pooling and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in telecommuting or compressed work weeks). “Trip reduction” means the reduction in the number of work-related trips made by single-occupant vehicles.
“Turf” means a surface layer of earth containing mowed grass with its roots.
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“Van pool” means a vehicle carrying seven or more persons commuting to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers.
Vehicle Service and Repair, Major. “Major vehicle service and repair” means any activity in which vehicles are maintained or repaired including body work, painting, removal, repair, rebuilding, replacement or exchanges of engines, drive-trains, transmissions or exterior body parts.
Vehicle Service and Repair, Minor. “Minor vehicle service and repair” means any activity in which vehicles are maintained or repaired not including body work, painting, removal, repair, rebuilding, replacement or exchange of engines, drive-trains, transmissions or exterior body parts. “Warehouse” means a building primarily for the storage of goods and materials. “Wind sensor device” means a system that automatically shuts off the irrigation system when the wind starts blowing.
“Wine/beer tasting room” means a business offering on-site and off-site wine and beer sales which might include food service including full restaurant service or hors d’oeuvres and prepackaged gourmet foods and other retail sales of associated merchandise including gift baskets.
Entertainment restricted to unamplified live music may be included as part of the use. “Work” means any construction, restoration, alteration, rehabilitation, relocation or demolition.
Yard, Front. “Front yard” means a space extending the width of a parcel between the front property line and a line parallel at a distance equal to the required front setback.
Yard, Rear. “Rear yard” means a space extending the width of a parcel between the rear property line and a line parallel at a distance equal to the required rear setback.
Yard, Side. “Side yard” means a space extending from the front yard to the rear yard between the side property line and a line parallel at a distance equal to the required side setback. “Zone” means the classification of property for uses as reflected on the official zoning map.
Zoning Map, Official. “Official zoning map” means a diagram of the applicable zones for all property in the city and maintained on file in the planning department. (Ord. 2055 §§ 3—6, 2020; Ord. 2053 § 2, 2020; Ord. 2017 § 2, 2017; Ord. 2015 § 2, 2017).” SECTION 5. Section 21.04.010 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.04.010 Single Family Residence
A. Purpose. The purpose of single-family residential zones is to protect and promote the unique single-family nature of the city by limiting the uses in such zones to residential and residentially compatible uses and by requiring standards for the use, maintenance and development of singlefamily residential zoned properties. The single-family residence zones are:
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1. R-1 (Single-family residential);
2. E-3, E-4, E-5, E-6 and E-7 (Single-family estate);
3. RHR (Rural hillside residential).
B. Permitted Uses.
1. Single-Family Residences, and Accessory Buildings. Single Family Residences, Accessory Dwelling Units, SB 9 Units, and Accessory Buildings. One single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, and accessory buildings. Any combination of one single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, a secondary SB 9 unit, and accessory buildings, as provided for herein or under state law.
2. Home Occupations as an Accessory Use to a Single-Family Residence. The establishment and conduct of home occupations shall comply with all of the following requirements to ensure that the use will be compatible with, and not detrimental to, the neighborhood:
a. There shall be no exterior evidence of the conduct of a home occupation. b. The home occupation shall be conducted only within the enclosed living area of the residence or an enclosed, roofed accessory building.
c. There shall be no storage of hazardous materials.
d. Only the residents of the residence shall be engaged in the home occupation. e. There shall be no sale of goods on the premises.
f. The establishment and conduct of the home occupation shall not change the principal character of the residence.
g. There shall be no signs posted other than those permitted in the zone in which the residence is located.
h. The required residential off-street parking shall be maintained. i. The conduct of the home occupation shall not create greater vehicular or pedestrian traffic than is normal for the zone in which it is located.
j. There shall be no outside storage of goods, supplies, equipment or other materials. k. There shall be no pickups or delivery of goods, supplies, equipment, or other materials, except between the hours of seven a.m. and six p.m.
l. The conduct of the home occupation use shall not create noise levels in excess of those permitted in the zone in which the residence is located.
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3. Boarding House. Except as otherwise permitted by state or federal law, a boarding house is prohibited in single-family zones. Any Boarding house use which is nonconforming by reason of adoption of this subsection or any amendment thereto or by annexation to the city of territory upon which a Boarding house is located shall be abated, that is, removed or made to comply with the provisions of this chapter, within six months.
4. Care facilities including intermediate care facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disablednursing which serves six or fewer persons or a congregate living health facility, a “residential facility” defined by Section 1502 of the Health and Safety Code, or a “residential care facility” defined by the Health and Safety Code Section 1568.013 shall be considered a residential use of property and shall comply with the provisions of this chapter.
C. Uses Permitted Subject to Conditional Use Permit.
1. Churches;
2. Educational schools;
3. Lodge halls;
4. Child daycare centers in conjunction with a church;
5. Outdoor swap meets.
D. Development Standards.
1. Single-Family Residences. The minimum lot area, lot width, lot depth, floor area, setbacks and building height shall be as specified in Table A (see appendix to this title).
2. Accessory Buildings.
a. There shall be no more than two detached accessory buildings on any one parcel. ba. The totaled floor area of all detached accessory buildings, including one detached accessory dwelling unit, shall not exceed one thousand square feet. Accessory buildings that are not accessory dwelling units or secondary SB 9 units shall be subject to the floor area ratio or lot coverage standards of the underlying zone.
cb. The maximum height shall be sixteen (16) feet, but not exceeding one story. dc. Detached accessory buildings shall be set back a minimum of three four (4) feet from side and rear property lines and located no closer to a street than the front and street side yard setbacks. ed. Attached accessory buildings shall be subject to the setback requirements of the singlefamily residence zones as specified in Table A (See Appendix to this title).
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e. The architectural design and detailing, roof pitch and material, and exterior color and finish materials of an accessory building over 250 square feet shall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development.
3. Patio Structures. Open patio structures that are attached to a single-family residence may project into the required rear yard setback, but no closer than ten four (4) feet to the rear property line.
4. Guest Houses.
a. The guest house shall be limited to one bedroom and a three-quarter bathroom (sink, toilet and bathtub or shower only).
b. The guest house shall not include kitchen facilities. c. The guest house shall meet the development standards for accessory buildings. d. The architectural design and detailing, roof pitch and material, and exterior color and finish materials of a guest house hall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development. d. The exterior architectural treatment of the guest house shall maintain consistency with the primary dwelling unit regarding roof profile and pitch, use of materials and general architectural design and style including, but not limited to, the following:
i. All materials, finishes and colors shall match the primary dwelling unit; ii. All windows and doors shall maintain trim and style (i.e., grid pattern, frame thickness, opening direction, etc.) to match the existing windows and doors of the primary dwelling unit; iii. Architectural detailing (i.e., siding, stucco, gabled ends, etc.) shall match the existing architectural detailing of the primary dwelling unit.”
Note: The remainder of the text of chapter 21.04.010 Single Family Residence of the GMC is not included as no further changes are proposed by this ordinance.
SECTION 6. Section 21.03.010 of Title 21(Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.03.010 Property development standards.
A. Purpose. This section contains general regulations and procedures to provide for the use and development of properties in a manner that promotes, preserves and protects a visually attractive community and minimizes hazards and inconveniences to the public.
B. Underground Utilities. All wires, conductors, cables, raceways and conduits for electrical, telephone, CATV and similar services that provide direct service to any property being developed shall, within the boundary lines of such property, be installed underground. Associated equipment Item #6. Page 37
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and appurtenances such as surface-mounted transformers, pedestal-mounted terminal boxes, meters and service cabinets may be placed aboveground when screened and located behind the front setback line.
C. Street Frontage. Every parcel of land shall front on a public or private street unless superseded by state law.
D. Setbacks. Except as stated in this subsection and otherwise provided for in this title, no structure shall be located closer to any property line than the setback requirements of the zone in which the structure is located.
1. Setback Exceptions.
a. Architectural features, including cornices, belt courses, fireplaces, eaves and bay windows, may project into required setback areas a distance not to exceed two feet. b. Unroofed decks, patios, porches, landings, steps, walks and driveways not exceeding thirty-six inches in height as measured from finish grade may be located in the required setback areas.
c. Canopies and awnings without any supports to the ground may project into required setback areas, but no closer than three feet to a side property line and no more than four feet into the front and rear setbacks.
d. c Swimming pools may be located in the required rear and side setback areas, but no closer than six (6) feet to a property line.
e. d Flag poles may project twenty-five (25) percent into required front and rear setback areas.
f. e Mechanical equipment may project into the required rear or side setback area, but no closer than three (3) feet to a property line.
g. f Additions to lawfully constructed residences within the following single-family estate zones of E-3, E-4, E-5, E-6 and E-7, which do not meet the minimum side yard setback requirements may project into the required side yard setbacks, but in no event shall the setback be less than five four (4) feet from the property line. Street side yard setbacks shall maintain the minimum required by Table A.” SECTION 7. Section 21.02.040 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.02.040 Development plan review.
A. Purpose. This section provides 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; Item #6. Page 38
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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.
B. Projects requiring development plan review (the reviewing body is in parenthesis):
1. Hillside development (commission);
2. Multiple-family projects—Apartments, condominiums and cooperatives (commission); a. 1-10 dwelling units, 1-10 units, allow by-right (Applicants apply directly for building permits);
b. 11-25 dwelling units (director);
c. More than 25 dwelling units (commission);
3. Construction of non-residential building area over five thousand square feet (commission);
4. Planned redevelopment (commission, council);
5. Planned development (commission, council);
6. Civic Center Area plan development, exclusive of permits for signage and awnings (commission);
7. Mobilehome park overlay development (commission);
8. Second story construction for all single-family residential zones including hillside lots (director);
9. 8 Non-residential construction greater than two stories (commission);
10. 9 Mixed-Use development (commission);
11. 10 Temporary structures (commission);
12. 11 Relocated structures (commission);
13. 12 Tennis courts (commission);
14. 13 Public facilities located in residential zones (commission);
15. 14 Recycling facilities, except single-feed vending machines (director); Item #6. Page 39
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16. 15 Open space development (commission);
17. 16 Gated communities (commission council);
18. 17 Radio and television broadcasting antennae, private transmitting antennae and satellite receiving antennae (director);
19. 18 Cantilevered decking (director).”
C. Reviewing Body. Development plan review applications shall be considered by the director, commission, or council as listed in subsection B. For those projects where both the commission and council are listed, the commission shall make a recommendation to the council and the council shall take action to approve or deny the application.
SECTION 8. Appendix 21.A.A Table A of Title (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.A.A Table A—Development standards, single-family residence zones.
Table A
Development Standards
Single-Family Residence Zones
Zone
Minimum
Lot Area
Minimum
Lot Width*
Minimum
Lot Depth
Minimum
Front
Setback
*** Minimum Side Setback
Minimum
Rear
Setback
Maximum
Floor Area
Maximum
Second
Floor Area
Maximum
Height
R1 7,500 sq ft 70 ft 20 ft 4 ft (1st story)
5 ft (2nd story)
4 ft (1st
story)
25 ft (2nd
story)
E3 8,000 sq ft 70 ft
E4 8,500 sq ft 75 ft
E5 10,500 sq ft 85 ft
E6 12,500 sq ft
15,000 sq ft
100 ft
E7 See official
zoning map
100 ft
100 ft
25 ft 4 ft (1st story)
7 ft (2nd story)
4 ft (1st
story)
35 ft (2nd
story)
35% FAR not
including
ADUs,
JADUs, and
secondary SB
9 units and a
400 sq ft
attached or
detached
garage *****
75% of first
floor
excluding a
400 sq ft
attached
garage
******
Two stories
not to
exceed 25 ft
RHR 43,560 sq ft 200 ft ** 200 ft ** 40 ft or n/a
10% of lot
depth,
whichever
is greater,
as measured
from the
street ****
30 ft side yards shall total
at least 30% of the lot
width ****
50 ft or
20% of lot
depth,
whichever
is greater
****
See
§ 21.04.030 for
land coverage
replacements
* For lots fronting on a cul-de-sac, seventy-five ft in the R and E zones and 150 ft in the RHR zone. ** When necessary to preserve the natural topography or other natural features, the minimum street frontage shall be sixty feet and the minimum lot width shall be two hundred feet at a point not more than four hundred feet from the front property line as measured from the street.
*** For infill development, the minimum front setback shall be the average front setback of the two adjacent residences, but not less than the minimum specified.
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**** The Director may increase or decrease the minimum setbacks to preserve the natural topography or other natural features. ***** Lots exceeding ten percent average slope are subject to Section 21.04.030 instead of the maximum floor area requirement. ****** Hillside lots may request approval of a minor modification pursuant to Section 21.02.035 to allow an increase to eighty-five percent second floor area based on findings with facts.”
SECTION 9. Appendix 21.A.E Table E of Title (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
Table E
Zoning Actions and Appropriate Reviewing Body
Planning Director Planning Commission City Council
1 Administrative Review Commercial Construction over 5,000 sq. ft. Gated Communities* 2 Cantilevered Decking Conditional Use Permits General Plan Amendments* 3 Lot Line Adjustments Hillside Development with Grading Planned Redevelopment* 4 Minor Conditional Use Permit Civic Center Area Plan Development Final Maps 5 Minor Modifications Mobilehome Park Overlay Planned Development* 6 Radio and Television Broadcasting
Antennae, Private Transmitting
Antennae and Satellite
Receiving Antennae
Multifamily Residential Projects- More
than 25 dwelling units
Specific Plans*
7 Recycling Facilities Open Space Development Subdivisions* 8 Single-Family Second-Story Construction
Multifamily Residential Projects – 11-25
dwelling units
Public Facilities Located in Residential
Zones
Zoning Amendments*
9 Multifamily Residential Projects – 11-25
dwelling units
Wireless Telecommunications Facilities Zone Changes*
10 Relocated Structures Development Incentives*
11 Construction Within HPOZ and/or Historic
Landmark Property
12 Temporary Structures
13 Tennis Courts
14 Variances
SECTION 10. If any section, subsection, 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, subsection, 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 11. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 12. This Ordinance shall become effective thirty days after the date of its adoption.
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PASSED and ADOPTED this __ day of _____, 2024.
City Council of Glendora, California
BY: __________________________________
MENDELL THOMPSON
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
DANNY ALESHIRE
City Attorney
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 ______, 2023. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2024, 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 ______, 2024.
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
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CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF EXEMPTION
Project Title: ADU and SB 9 Ordinance (File # PLN23-0035) 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 single-family, multifamily, and mixed-use zoning designations.
Project Description: Adopt an ordinance entitled: “An ordinance of the City Council of the City of Glendora, California amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing Element (File # PLN23-0035).” The City Council recommends the following exempt status/findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemptions - Type:
Statutory Exemption. Code Number: CEQA Guidelines Sections: 15061-2 Reasons for Exemption: The City of Glendora, as the lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA). On December 13, 2022, the Glendora City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. This zoning amendment is consistent with the changes considered in the IS/ND. Finally, the amendments are mostly minor changes to development standards and/or general/administrative processes which will not result in any significant effects on the environment. Therefore, the proposed Ordinance is exempt from the provisions of CEQA pursuant to § 15060(c)(2), § 15060(c)(3), § 15378(b)(2), § 15378(b)(5), and § 15061(b)(3). It is certain that the legislative act of amending the GMC will not have a significant, or any, impact on the environment, and therefore is not subject to CEQA.
Specifically, the introduction and adoption of this Ordinance is not subject to CEQA pursuant to § 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and § 15060(c)(3) the activity is not a project as defined in § 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, CEQA Guidelines 15378(b)(2) excluding “continuing administrative… activities, such as… general policy and procedure making” and § 15378(b)(5) excluding “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” from its definition of “project.” Even if this Ordinance were a “project,” it would be exempt from environmental review under CEQA Guidelines § 15061(b)(3)’s “general rule” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this Ordinance, in and of itself, will have a significant effect on the environment. Finally, on its own, this action will not result in any physical changes to the environment.
Item #6. Page 43
Meeting Date: 4/23/2024 / Packet Page #: 177
Date:
Jeff Kugel, Director of Community Development
The above recommended exempt status and findings were adopted by the following body:
City Council on
Date:
Mark Carnahan, City Planner (626) 914-8253
Item #6. Page 44
Meeting Date: 4/23/2024 / Packet Page #: 178
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, April 23, 2024, at 7:00 p.m.
Case Number: PLN23-0035
Subject Property: Citywide
Request: City Council adoption of an ordinance of the City Council of the City of Glendora, California amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring into compliance with State law and streamline the construction of accessory dwelling units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing element (File # PLN23-0035).”
Applicant: City of Glendora
General Plan / Zoning: The ordinance applies to all General Plan areas, Specific Plan areas, and Zoning districts.
Environmental: The City of Glendora, as the lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA). On December 13, 2022, the Glendora City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043].
The zoning amendments are consistent with the residential densities and total units considered in the IS/ND. Finally, the amendments are mostly minor code changes to develop standards and/or general/administrative processes which will not result in significant effects on the environment.
Item #6. Page 45
Meeting Date: 4/23/2024 / Packet Page #: 179
Contact Person: Hans Friedel AICP, Principal Planner
[email protected] / (626) 914-4818
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 (April 12, 2024):
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
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 Planning Commission at, or prior to, the public hearing.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published: April 11, 2024 (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 April 12, 2024.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #6. Page 46
Meeting Date: 4/23/2024 / Packet Page #: 180
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, April 23, 2024, the Glendora City Council introduced for first reading, proposed Ordinance No. _______ entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA AMENDING CERTAIN SECTIONS OF TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL
CODE TO BRING IT INTO COMPLIANCE WITH STATE LAW AND TO STREAMLINE THE CONSTRUCTION OF ACCESSORY DWELLING UNITS AND SB 9 UNITS CONSISTENT WITH THE CITY’S 6TH RHNA CYCLE (2021-2029) GENERAL PLAN HOUSING ELEMENT The proposed Ordinance, which if approved, will amend certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring the code into compliance with State law and streamline the construction of accessory dwelling units and SB 9 units consistent with the 6th RHNA Cycle (2021-2029) General Plan Housing Element (Case # PLN23-0035). As drafted, the Ordinance includes, but is not limited to the following:
Brings ADU and SB 9 secondary unit standards into consistency with each other. Allows for two (2) story detached and attached ADUs.
Institutes a 25-foot height limit for all ADUs regardless of single (1) or two (2) stories. Allows for up to 1,200 square foot ADUs and SB 9 secondary units, subject to objective standards, regardless of FAR and bedroom count and the number and size of other accessory structures Institutes a universal 4-foot side and rear setback for all development on a single-family residential lot whether the structure is an ADU, SB 9 unit, accessory structure, home addition, or open patio cover. Eliminates Development Plan Review for all second-story construction within single-family residential zones.
The City Council will consider adoption of said ordinance at their meeting May 14, 2024, 2nd reading/adoption), at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora, CA. Said ordinance will become effective 30 days after adoption.
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 approved and adopted at a Regular Meeting of the Glendora City Council by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Dated this ___ day of April, 2024.
Kathleen R. Sessman, MMC
City Clerk
Published in San Gabriel Valley Examiner: May 2, 2024
Item #6. Page 47
Meeting Date: 4/23/2024 / Packet Page #: 181
Item #6. Page 48
Meeting Date: 4/23/2024 / Packet Page #: 182
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
ACCESSORY DWELLING UNIT
HANDBOOK
UPDATED JULY 2022
Item #6. Page 49
Meeting Date: 4/23/2024 / Packet Page #: 183
2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9
1. Legislative Intent............................................................................................................... 9
2. Zoning, Development and Other Standards....................................................................11 A) Zoning and Development Standards.........................................................................11 B) Size Requirements.....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements .................................................................................................17 F) Bedrooms...................................................................................................................17 G) Impact Fees...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19
I) Nonconforming Zoning Standards...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements.......................................................................................23
3. JADUs .............................................................................................................................24
4. Manufactured Homes.......................................................................................................25
5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25
6. Homeowners Associations ...............................................................................................26
7. ADU Ordinances and Local Agencies..............................................................................27
8. Enforcement ....................................................................................................................28
9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28
10. Funding……………………………………………………………………… ………………...29
Resources ...............................................................................................................................30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources............................................................................................55 Item #6. Page 50
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3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).
What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similaruse, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that iscontained entirely within an existing or proposed single-family residence.
Item #6. Page 51
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4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.
Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.
Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents oftenwant better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.
ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.
New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.
ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians.
Item #6. Page 52
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5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.
AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
Item #6. Page 53
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6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and Item #6. Page 54
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7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).) AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutesof 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an Item #6. Page 55
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8 impact on State ADU Law, particularly throughHealth and Safety Code Section 17980.12.
These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit orunreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).) Item #6. Page 56
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9 Frequently Asked Questions
1.Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.
State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.
ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.
Item #6. Page 57
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10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing inCalifornia. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housingstock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and futurehousing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet theneeds of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
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11 2.Zoning, Development and Other Standards
A)Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.
Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.
Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).) • Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision.
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12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.
Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law. • Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).) • Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on Item #6. Page 60
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13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).
As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).) B)Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below.
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14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.
Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unitsize for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)
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15 C)Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.
Note: For the purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever isless. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not berequired for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).
What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.
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16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction ofan ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D)Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.
No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.
Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks ofless than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.
A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §65852.2, subd. (c) and (e).) Item #6. Page 64
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17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.
F)Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.
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18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.
What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above,anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.
For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 squarefoot expansion, a total ADU square footage over 750square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities.
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19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection withthe approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.
Code, § 65852.2, subd. (f)(2).)
H)Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approvalof ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.
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20 (C)Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D)Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.
The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.
The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.
These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).
ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy. • How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.
By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).
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21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.
These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.
Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.
Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure. • Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.
A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.
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22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixeduse development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.
I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.
Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, anapplicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J) Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §65852.2, subds. (a)(6) and (e)(4).) • Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling orADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.
However, should a property have both an ADU and JADU, JADU law requires owneroccupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)
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23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.
For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.
L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.
Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policyresearch/AccessoryDwellingUnits.shtml.
See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.
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24 3.JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.
JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.
Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).) • Are JADUs allowed to be increased up to 150 square feet when created within an existingstructure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.
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25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)
4.Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living,sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposesof this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
5.Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are Item #6. Page 73
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26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs. • Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.
6.Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU orJADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.
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27 7.ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).
Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not Item #6. Page 75
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28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.
For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to thelocality’s local Coastal Commission district office. • Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.
8.Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.
HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.
9.Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local Item #6. Page 76
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29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.
10. Funding
• Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].
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30 Resources
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31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessorydwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessorydwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existingdwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is Item #6. Page 79
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32 converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(1)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(2)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an Item #6. Page 80
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33 ordinance that complies with this section.
(4)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30days. (6)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (7)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessorydwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local Item #6. Page 81
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34 development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unitin any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
(C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision befor a term longer than 30 days.
(5)A local agency may require, as part of the application for a permit to create an accessory Item #6. Page 82
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35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6)Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a localagency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwellingunit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h)(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)(A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other Item #6. Page 83
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36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes thefollowing:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the Item #6. Page 84
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37 effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted inunderline/italic):
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence. (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or Item #6. Page 85
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38 existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II)Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III)This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs Item #6. Page 86
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39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6)(A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If Item #6. Page 87
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40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
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41 (C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivisionbe for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.
These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory Item #6. Page 89
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42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.
After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)(A) If the department finds that the local agency’s ordinance does not comply with this section, the departmentshall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, torespond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes thefollowing:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located Item #6. Page 90
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43 on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operativeon January 1, 2025.
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44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 345 (Accessory Dwelling Units)
Effective January 1, 2022, Section 65852.26 is amended to read:
65852.26.
(a)Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1)The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2)There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B)A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy theproperty accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C)A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D)Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E)If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
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45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5)Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utilityproviding service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b)For purposes of this section, the following definitions apply:
(1)“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section50093 of the Health and Safety Code.
(2)“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and TaxationCode for properties intended to be sold to lowincome families who participate in a special no-interest loan program.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,underline/italics) (AB 3182 (Ting)):
4740.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b)Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c)(b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes ofreassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d)(c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e)(d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which acommon interest development adopts or amends its governing documents.
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46 (f)This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b)A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d)For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e)For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f)A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governingdocuments to comply with this section.
However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g)A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h)In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residenceswith a single-family residence built, or proposed to be built, on the lot. (2)Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the Item #6. Page 94
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47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, landtrust, or housing organization. (3)Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permittingagency, and shall include both of the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-familyresidence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4)Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5)Require a permitted junior accessory dwelling to include a separate entrance from the main entrance tothe proposed or existing single-family residence. (6)Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b)(1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d)For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not beconsidered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city andcounty, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a singlefamily residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether thesingle-family residence includes a junior accessory dwelling unit or not. (e)For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessorydwelling unit shall not be considered a separate or new dwelling unit. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as Item #6. Page 95
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48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g)If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1)“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2)“Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately followingSection 17980.11, to read:
17980.12.
(a)(1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standardpursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delayin enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020. (B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3)The enforcement agency shall grant an application described in paragraph (2) if the enforcement determinesthat correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4)The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid forthe full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
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49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions ofSection 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671(Friedman)):
50504.5.
(a)The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-incomehouseholds. (b)The list shall be posted on the department’s internet website by December 31, 2020. (c)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) ofsubdivision (i) of Section 65852.2 of the Government Code.
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50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
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51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
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52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
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53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-ofway. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
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54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
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55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development andResearch. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detachedfrom the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL
POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.
In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.
ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN
BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst Item #6. Page 103
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56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards lowincome housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce lowincome occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more lowincome needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.
IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.
JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS
LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.
THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014)Library Call #: H43 4.21 M33 2014
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57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR
ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.
RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.
Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-lawsuites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.
REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2) Item #6. Page 105
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58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging inplace. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to helpalign formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.
SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.
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