Agenda packet, first session — Glendora City Council, May 14, 2024 (part 1 of 3)

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 14, 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 meetings are broadcast LIVE on the City Website at www.cityofglendora.org, Meetings also broadcast on Channel 3 (Spectrum) & Channel 32 (Frontier) and are replayed Thursday - Sunday the week following the meeting. Meetings are also available any time for replay through the City's webpage at cityofglendora.org/citymeetings.

Meetings can also be viewed via the City YouTube channel at YouTube.com/cityofglendoraca.

Meeting Date: 5/14/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 14, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 6:00 PM, when scheduled, and General Business Session will commence at 7:00 PM.

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

CLOSED SESSION
The regular meetings of the City Council shall be held on the second and fourth Tuesday of each month, Closed Session business will commence at 5:00 PM, when scheduled, and general business session will commence at 7:00 PM. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held pursuant to Government Code 54956.8, enable the City Council of the City of Glendora, property owner, to receive information from negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding certain real properties APN 8655-007-900, APN 8655- 007-901, APN 8655-007-902 and APN 8655-021-900. The City’s real property negotiator will seek direction from the City Council regarding the disposition of the property.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is Jimmy Valencia v.

City of Glendora, LASC Case No. 22PSCV03026

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

REORDERING OF AND ADDITIONS TO THE AGENDA

PUBLIC COMMENT
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.

3. Public comments received
Meeting Date: 5/14/2024 / Packet Page #: 2

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

4. 2024 Water Awareness Poster Contest Recognitions

5. A Proclamation presentation designating May 12 - 18, 2024 as National Police Week

6. A Proclamation presentation designating May 19 - 25, 2024 as National Public Works Week

7. 2023 - 2025 Strategic Plan Update for April 2024

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.

8. Conduct a Public Meeting to Receive Testimony Regarding the Proposal to Levy and Collect Assessments for the Fiscal Year 2024-2025 for the Glendora Village Business Improvement District
CITY RECOMMENDATION: 1. Conduct a public meeting and receive testimony regarding the proposed levy and collection of assessments for the Glendora Village Business Improvement District.

9. Continued Public Hearing considering 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) (Continued from the April 9, 2024 City Council meeting)
CITY RECOMMENDATION: Reopen Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following: 1. Find and determine that the Proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) (Attachment A); and 2. Introduce for first reading 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)” (Attachment A); and 3. If applicable, direct Staff to proceed with one of the options for revising the draft ordinance regarding the maximum allowable size of new primary units on new lots created through an SB 9 lot split; and 4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.

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.

Meeting Date: 5/14/2024 / Packet Page #: 3

10. Review and Affirm Disbursements for April 2024 in the Amount of $4,497,835.99 CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Review and affirm disbursements for April 2024 in the amount of $4,497,835.99.

11. Accept and Approve the Notice of Completion of the Crosswalk Enhancements Near Washington Elementary School Project - Plan No. 1383 by Alfaro Communications Construction, Inc.

CITY RECOMMENDATION: 1. Accept and Approve the Notice of Completion of the Crosswalk Enhancements Near Washington Elementary School Project – Plan No. 1383 by Alfaro Communications Construction, Inc.; and 2. Authorize the Mayor to sign the Notice of Completion for recordation.

12. Assembly Bill 481 Annual Military Equipment Reporting CITY RECOMMENDATION: 1. Receive and file report.

UNFINISHED BUSINESS

13. Consideration of Resolution authorizing the execution of a Purchase and Sale Agreement with Olson Urban Housing, LLC for the sale of surplus properties, APN's: 8655-007-900, 8655-007- 901, 8655-007-902 and 8655-021-900
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

OF THE GLENDORA CITY COUNCIL AUTHORIZING THE CITY MANAGER TO

EXECUTE A PURCHASE AND SALE AGREEMENT WITH OLSON URBAN HOUSING,

LLC WITH RESPECT TO THAT CERTAIN PROPERTY IDENTIFIED BY ASSESSOR'S PARCEL NUMBERS 8655-007-900, 8655-007-901, 8655-007-902, AND 8655-021-900 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.”

NEW BUSINESS

14. Consideration of Resolutions Relating to the Levy of Fiscal Year 2024-25 Assessment in Connection with the Landscape Maintenance District No. 1 CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

OF THE GLENDORA CITY COUNCIL INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENT LEVY WITH RESPECT TO THE ZONES WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-25 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA”; and 2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE GLENDORA CITY COUNCIL APPROVING THE PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2024-25 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1”; and 3. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE GLENDORA CITY COUNCIL STATING ITS INTENTION TO LEVY THE ASSESSMENT ZONES FOR FISCAL YEAR 2024-25 IN

CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND SETTING A PLACE AND TIME FOR A PUBLIC HEARING.” Meeting Date: 5/14/2024 / Packet Page #: 4

15. Consideration of Resolutions Relating to the Levy of the Fiscal Year 2024-25 Assessment in Connection with the Streetlight Maintenance District No. 1 CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled “A RESOLUTION

OF THE GLENDORA CITY COUNCIL INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENT LEVY WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-25 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA”; 2. Adopt a City Council Resolution entitled “A RESOLUTION OF THE GLENDORA CITY COUNCIL APPROVING THE PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2024-25 LEVY OF THE

ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO. 1”; and 3. Adopt a City Council Resolution entitled, “A

RESOLUTION OF THE GLENDORA CITY COUNCIL STATING ITS INTENTION TO LEVY THE ASSESSMENT FOR FISCAL YEAR 2024-25 IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO.1 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING.”

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 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: May 8, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 5/14/2024 / Packet Page #: 5
2024 Water Awareness Poster
Contest Recognitions
Public Works, Water Division
City Council
May 14, 2024
Armando De Jesus, Management Aide CityOfGlendora.org
Item #4. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 6
Kindergarten-2nd grade
Item #4. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 7
1 ST PLACE,

ALIANA AL-HILO

LA FETRA,
1 st GRADE
Item #4. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 8
2 ND PLACE,

ADAM AL-HILO

LA FETRA,
1 ST GRADE
Item #4. Page 4
Meeting Date: 5/14/2024 / Packet Page #: 9
3 RD PLACE,

JACOB BURIL

CULLEN,

KINDERGARTEN
Item #4. Page 5
Meeting Date: 5/14/2024 / Packet Page #: 10
3 rd -4th grades
Item #4. Page 6
Meeting Date: 5/14/2024 / Packet Page #: 11
1 ST PLACE,

BENJAMIN ORBAN

CULLEN,
4 TH GRADE
Item #4. Page 7
Meeting Date: 5/14/2024 / Packet Page #: 12
2 ND PLACE,

BELLA OCHOA

SUTHERLAND,
4 TH GRADE
Item #4. Page 8
Meeting Date: 5/14/2024 / Packet Page #: 13
3 RD PLACE,

PARKER RAYMOND

CULLEN,
4 TH GRADE
Item #4. Page 9
Meeting Date: 5/14/2024 / Packet Page #: 14
5 th grade
Item #4. Page 10
Meeting Date: 5/14/2024 / Packet Page #: 15
1 ST PLACE,

ETHAN ALVARADO

CULLEN,
5 TH GRADE
Item #4. Page 11
Meeting Date: 5/14/2024 / Packet Page #: 16
2 ND PLACE,

OLIVER SERHAN

SELLERS,
5 TH GRADE
Item #4. Page 12
Meeting Date: 5/14/2024 / Packet Page #: 17
3 RD PLACE,
JESLYN

TUNGGAWIJAYA

SELLERS,
5 TH GRADE
Item #4. Page 13
Meeting Date: 5/14/2024 / Packet Page #: 18
6 th -8th grades
Item #4. Page 14
Meeting Date: 5/14/2024 / Packet Page #: 19
1 ST PLACE,

LUIS CORTES

SANDBURG,
8 TH GRADE
Item #4. Page 15
Meeting Date: 5/14/2024 / Packet Page #: 20
2 ND PLACE,

CHERYL WANG

GODDARD,
6 TH GRADE
Item #4. Page 16
Meeting Date: 5/14/2024 / Packet Page #: 21
3 RD PLACE,

JEFFRY PARIAS

SANDBURG,
7 TH GRADE
Item #4. Page 17
Meeting Date: 5/14/2024 / Packet Page #: 22
Congratulations to everyone
who was recognized for their
contributions & accomplishments!
Item #4. Page 18
Meeting Date: 5/14/2024 / Packet Page #: 23

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONDUCT A PUBLIC MEETING TO RECEIVE TESTIMONY REGARDING THE PROPOSAL TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2024- 2025 FOR THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT

RECOMMENDATION
That the City Council:

1. Conduct a public meeting and receive testimony regarding the proposed levy and collection of assessments for the Glendora Village Business Improvement District.

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)  Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
Each year assessments in the Business Improvement District (BID) must be renewed through a process that consists of several steps, including the preparation of an Annual Report. The Annual Report includes information on the BID boundaries, assessment methodology, activities planned and a budget. Upon approval of the Annual Report, City Council adopts a Resolution of Intent to Levy and Collect Assessments. Thereafter, several steps are taken to ensure that affected BID businesses and members of the public are aware of the process. A Public Meeting is held so that Council may receive testimony from members of the BID and public. The process concludes with a Public Hearing where any protest votes received by affected BID businesses are tabulated. In the absence of a majority protest, Council may adopt a Resolution approving the Levy and Collection of Assessments for the upcoming year.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora BID was established as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.). State Law and the Glendora Municipal Code require that the Business Improvement District (BID) file an “Annual Report” with the City Council, as the initial step to renewing annual assessments each year. Glendora City Council received and approved the Annual Report on March 26, 2024, at which time they adopted a Resolution of Intent to Levy and Collect Assessments for the Fiscal Year 2024-2025 (FY 2024-25) for the Glendora Village Business Improvement District.

DISCUSSION
The Public Meeting is the first of two public hearings required prior to the final decision on the levy and collection of taxes for the BID in FY 2024-25. The Public Meeting provides an opportunity for testimony regarding the proposed assessments. There is no requested action other than to receive testimony.

Action by the City Council on the proposed assessments will be taken by the Council at the Public Hearing, which has been noticed for May 28, 2024. At that meeting, the City Council will be informed as to the results of the balloting as conducted under the CA Streets and Highways Code Sections 36500 et seq.

The City Council may then implement or decline the assessment for the upcoming fiscal year.

Item #8. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 24
Staff Report Page 2 of 3
At the March 26, 2024 City Council meeting, the City Council adopted a Resolution of Intent to Levy and Collect Assessments initiating the process to adopt assessments for FY 2024-25. Included respectively as Attachments A and B are the Annual Report and Resolution of Intent.

The Annual Report forwarded to City Council by the BID Advisory Board contains information regarding assessments, activities, and a proposed budget for the upcoming year. The BID discussed and approved the proposed FY 2024-25 BID budget and FY 2024-25 Annual Report at their February and March regularly scheduled meetings. The BID budget funds activity that is intended to benefit all businesses in the Village. Activities include a multi-pronged marketing plan, financial contribution to landscape maintenance and events in the Village such as the Wine Walk, Halloween Walk and Holiday Stroll, which bring thousands of people into the Village. As proposed, the projected revenues for the FY2024-25 BID budget are $103,500 and the proposed expenditures are $152,250. The proposed BID Budget is as follows:

FY 2023-24 FY 2024-25
Amended Proposed
Beginning Available Resources 174,250 117,584

REVENUE
Assessments 52,000 45,700
Halloween Walk - 2,000
Wine Walk 40,000 50,000
Chalk Festival 5,000 5,000
Interest Income 800 800
Miscellaneous Income 800 -
Revenue Totals 98,600 103,500

EXPENDITURES
Marketing 25,516 24,500
Landscaping 10,000 10,000
Special Events
Wine Walk 29,500 27,000
Chalk Festival 8,000 8,000
Small Business Saturday 4,000 4,000
Friday Night Twilight 4,000 15,000
Halloween Walk 3,500 6,500
Holiday Stroll 18,000 20,000
New Event/Service 42,500 10,000
Event/Communications Coordinator - 17,000
Division Supplies 10,250 10,250
Expenditure Totals 155,266 152,250
Estimated Budget Surplus/(Deficit) (56,666) (48,750)
Ending Available Resources 117,584 68,834
Expenditures proposed for the upcoming year exceed revenues so that the BID may enhance existing events with additional amenities and/or add an event. The amount exceeding revenues will be covered by the funds available in the BID Fund Balance, which is projected to be approximately $117,000 at the start of FY 2025.

The City mailed a notice of the Public Meeting to all businesses in the BID. The mailed notice also included information regarding the Public Hearing scheduled for May 28, 2024. In addition, notice of tonight’s meeting and the opportunity to give comment, either verbal or written, was posted on the City website. As statutorily required, a joint notice was published in the San Gabriel Valley Examiner on April Item #8. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 25
Staff Report Page 3 of 3
11th, 18th, and 25th, 2024. Tonight’s Public Meeting requires no action by Council other than to receive testimony.

FISCAL IMPACT
The proposed FY 2024-25 operating budget is balanced with the use of undesignated fund balance in the amount of $48,750. The BID Fund Balance is projected to be approximately $117,584 at the end of FY 2023-24 and $68,834 as the end of FY 2024-25.

Amended Budget
FY 2023-24
Proposed
FY 2024-25
Beginning Fund Balance 174,250 117,584
Revenues 98,600 103,500
Expenditures 155,266 152,250
Ending Fund Balance 117,584 68,834

ENVIRONMENTAL DETERMINATION
This item is not a “project” under the California Environmental Quality Act.

Prepared By Alycia Suniga, Management Analyst
Concurs With Matthew Klingler, Business Improvement District (BID) Advisory Board Reviewed By Valerie Velasquez, Economic Development & Housing Manager 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. Annual Report
B. Resolution of Intent CC 2024-08
C. Public Notice
D. PowerPoint
Item #8. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 26

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID)
ANNUAL REPORT FOR FISCAL YEAR 2024-2025
This annual report includes a proposed assessment levy and program budget for the fiscal year covering July 1, 2024 through June 30, 2025.

Boundaries and Assessments
There are no proposed changes to the BID boundaries or the assessment methodology. The assessment methodology adopted for the current fiscal year (FY) 2023-2024 will continue to be utilized into the FY 2024-2025. The BID boundary map and assessment methodology are included as Exhibits A and B, respectively.

Improvements and Activities
A line-item budget incorporating the cost of improvements and activities is included with this report as Exhibit C.

Method and basis of levying the assessment
All businesses within the BID are subject to the assessments. Charities, resident farmers, ministers, employees of licensees, certain manual laborers, persons under court order, students, and veterans, as those terms are defined in Glendora Municipal Code Section 5.04.060, shall be exempt from paying the charges and assessments imposed pursuant to this chapter.

The assessment methodology is included with this report as Exhibit B.

Surplus revenue to be carried over from 2023-24 year
Each year the surplus balance within the BID fund carries forward as a reserve account to be utilized in the event that expenditures exceed revenue. The proposed FY 2024-2025 budget (Exhibit C) includes expenditures greater than revenues by approximately $48,750, therefore the surplus balance within the BID fund will be reduced by that amount in FY 25.

Funding sources other than assessments
As illustrated in Exhibit C, the BID anticipates generating $45,700 from assessments, $57,000 from events and $800 from interest and miscellaneous income. Event revenue is primarily comprised of ticket sales from the Wine Walk Event.

Exhibit A – Glendora Village Business Improvement District Boundary Map Exhibit B – Assessment Methodology
Exhibit C – BID Budget FY 2024-2025
Item #8. Page 4
Meeting Date: 5/14/2024 / Packet Page #: 27
EXHIBIT A – BID BOUNDARY MAP
Item #8. Page 5
Meeting Date: 5/14/2024 / Packet Page #: 28
EXHIBIT B – ASSESSMENT METHODOLOGY
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

1. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.

2. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses

1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license.

Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Item #8. Page 6
Meeting Date: 5/14/2024 / Packet Page #: 29
Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Item #8. Page 7
Meeting Date: 5/14/2024 / Packet Page #: 30
EXHIBIT C – BID BUDGET FY 2024-2025

REVENUES
Assessments 45,700
Halloween Walk 2,000
Wine Walk 50,000
Chalk Festival 5,000
Interest/Miscellaneous Income 800
Total 103,500

EXPENDITURES
Marketing/Promotions ($24,500)
Consultant – Website, Graphics, Social Media
Internet Marketing
Print Ads (Newspaper)
Miscellaneous - Street Banners, Promotional Items, etc. 16,000
2,000
3,500
3,000
Landscaping: Maintenance (2x / week) 10,000
Special Events ($107,500)
Wine Walk – WW* 27,000
Chalk Festival – CF* 8,000
Small Business Saturday 4,000
Friday Night Twilight - FNT* 15,000
Halloween Walk 6,500
Holiday Stroll and Santa in the Village 20,000
New Event/Service 10,000
*Event and Communication Coordinator 17,000
Miscellaneous ($10,250)
Seasonal Banners 4,000
Music System 1,000
Storage Rental 4,500
Other Expenses 750
Total 152,250
Estimated Budget Surplus/(Deficit) (48,750)
Beginning Available Resources 117,584
Ending Available Resources 68,834
Item #8. Page 8
Meeting Date: 5/14/2024 / Packet Page #: 31
RESOLUTION CC 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 FOR THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT AN])

SETTING A TIME AND PLACE FOR A PUBLIC HEARING CONCERNING

THE LEVY OF THE ANNUAL ASSESSMENTS

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District (“District”) as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the District Board and the City Council of the City of Glendora (“City”) have determined that the Business Improvement District benefits the area within the District (the “Area” or “District Area”) by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the City’s community at large; and WHEREAS, the District Board has conducted significant outreach to member businesses to formulate a 2024-2025 work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the Mission Statement of the Glendora Village Business Improvement District and the California Streets and Highway Code Section 36500 et. seq.; and WHEREAS, the continuation of the Glendora Village Business Improvement District and the concomitant levy of assessments will promote the economic revitalization of the downtown area of the City, create jobs, attract new businesses, and help prevent the erosion of the Downtown Village Area. In addition, the Glendora Village Business Improvement District enhances and promotes the City, culturally and commercially; and
WHEREAS, the City Council desires to conduct a formal public hearing on the District Board’s report, proposed budget and proposed assessments for the Fiscal Year 2024-2025.

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

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business linprovement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the District Area for the Fiscal Year 2024-2025.

Item #8. Page 9
Meeting Date: 5/14/2024 / Packet Page #: 32
SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit A and made a part hereof, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett A venue and the west side of Vista Bonita Avenue, and more specifically described as: beginning at the intersection of the centerline of Bennett A venue (80 feet wide) and the centerline of Vermont A venue ( 60 feet wide); then easterly along the centerline of said Bennett A venue to the centerline of Vista Bonita Avenue (60 feet wide); thence southerly along the centerline of said Vista Bonita A venue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora A venue; thence westerly 219 .88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont A venue ending at the centerline of said Bennett A venue. The Area map identifying the proposed area is also on file in the office of the City Clerk. The Area of the District has not changed since the establishment of the District.

SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include all "hnprovements" and "Activities" permitted under Sections 36510 & 36513 of the Streets and Highway Code, specifically: (a) "hnprovement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains; and (b) "Activities" means, but is not limited to, promotion of public events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area.

Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.

SECTION 4. The City Council of the City of Glendora hereby approves the report approved by the District Board for the fiscal year 2024-2025. The proposed method and basis of levying the annual assessment for each business in the Area for the fiscal year 2024-2025 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of three elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the District Board for the fiscal year 2024-2025 is on file in the City Clerk's office and contains a full and detailed description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the fiscal year 2024-2025.

SECTION 6. Should the proposed annual assessment for the fiscal year 2024-2025 be approved, it is the intent that all businesses located within the District Area pay their annual assessment when they obtain, renew, or change their businesses license with the City of Glendora.

SECTION 7. The City Council shall not exempt a business recently established in the Area from the levy of the assessments as allowed in the Streets & Highways Code Section 36531.

Resolution CC 2024-08 Page 2 of 8
Item #8. Page 10
Meeting Date: 5/14/2024 / Packet Page #: 33
SECTION 8. The City Council hereby sets a public meeting on May 14, 2024 at 7 :00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 917 41. At that time the City Council shall allow public testimony regarding the 2024- 2025 proposed work plan and proposed fiscal year 2024-2025 assessments of businesses within the Area.

SECTION 9. The City Council hereby sets a public hearing on May 28, 2024 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 917 41. At the public hearing, the City Council shall hear and consider all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners of businesses in the District Area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.

At the conclusion of the public hearing to establish the assessment for the fiscal year 2024- 2025, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

However, proposed assessments may only be revised by reducing any or all of them.

SECTION 10. The City Clerk is hereby directed to mail a complete copy of this resolution of intention and a cover letter advising that the City Council has been requested to set the fiscal year 2024-2025 annual assessment as permitted under the California Streets and Highways Code by firstclass mail to each business owner in the Area within seven days of the City Council's adoption of this Resolution oflntention. The cover letter shall further advise that a public meeting date has been set where the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area. The cover letter shall further advise that a public hearing date has been set for the City Council to hear oral and written testimony from interested parties and at the end of that public hearing the City Council shall determine if there is sufficient protests equaling 50 percent or more of the assessments proposed to be levied.

SECTION 11. The City Clerk is hereby directed to give notice of said public meeting and public hearing by causing this Resolution of Intention to be published once in a newspaper of Resolution CC 2024-08 Page 3 of 8
Item #8. Page 11
Meeting Date: 5/14/2024 / Packet Page #: 34
general circulation in the City of Glendora not less than seven days before the public hearing. In addition, the City Clerk shall give joint notice of said public meeting and hearing as provided for under Government Code Section 54954.6 as follows: The joint notice of both the public meeting and the public hearing shall be accomplished by placing a display advertisement of at least oneeighth page in a newspaper of general circulation for three weeks pursuant Government Code Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public hearing shall take place no earlier than seven days after the public meeting. The public hearing shall take place no earlier than 45 days after the first publication of the joint notice.

SECTION 12. Interested persons may contact Alycia Suniga, Management Analyst, 116 E.

Foothill Blvd., Glendora CA 91741, Telephone Number 626-852-4822, to receive additional information about the assessment. Protests against the proposed assessment shall be mailed or delivered to: City Clerk, City of Glendora, 116 E. Foothill Boulevard, Glendora, California, 91741.

SECTION 13. The Mayor shall sign this Resolution and the same shall take effect upon adoption of this Resolution and shall be enforced in accordance with the terms and conditions thereof.

APPROVED and PASSED this 26th day of March, 2024.

BY:

APPROVED AS TO FORM:

DANNY
City Council of Glendora, California
MENDELL L. THOMPSON
Mayor
City Attorney
Resolution CC 2024-08 Page 4 of 8
Item #8. Page 12
Meeting Date: 5/14/2024 / Packet Page #: 35

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the 26th day of March, 2024, by the following vote:

AYES: COUNCIL MEMBERS: Allawos, Boyer, Davis, Fredendall, and Thompson.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: March 27 2024 _______
KATHLEEf~R. SESSMAN
City Clerk/Communications Director
Resolution CC 2024-08 Page 5 of 8
Item #8. Page 13
Meeting Date: 5/14/2024 / Packet Page #: 36
EXHIBIT A — BID AREA MAP

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Resolution CC 2024-08 Page 6 of 8
Item #8. Page 14
Meeting Date: 5/14/2024 / Packet Page #: 37
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year. ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year. ii. (Tier 2)
a. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.
b. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Resolution CC 2024-08 Page 7 of 8
Item #8. Page 15
Meeting Date: 5/14/2024 / Packet Page #: 38

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Resolution CC 2024-08 Page 8 of 8
Item #8. Page 16
Meeting Date: 5/14/2024 / Packet Page #: 39

GLENDORA CITY COUNCIL

JOINT NOTICE
OF

PUBLIC MEETING AND PUBLIC HEARING
Notice is hereby given that the Glendora City Council has adopted a Resolution announcing intentions to levy and collect assessments for the 2024-25 Fiscal Year for the Glendora Village Business Improvement District as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) A public meeting and public hearing shall be held to receive public testimony regarding the proposed assessments of businesses in the area. The public meeting and public hearing shall be held in the City Council Chamber at 116 East Foothill Boulevard, Glendora, California 91741.

Public Meeting Date: May 14, 2024 at 7:00 p.m.

Public Hearing Date: May 28, 2024 at 7:00 p.m.

Environmental: This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.

Contact Person: Alycia Suniga, Management Analyst, (626) 852-4822.

If you challenge the nature of the proposed action 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 public entity conducting the hearing at, or prior to, the public hearing.

Kathleen R. Sessman
City Clerk/Communications Director, City of Glendora
Published in San Gabriel Valley Examiner: April 11, 2024, April 18, 2024, and April 25, 2024.

Item #8. Page 17
Meeting Date: 5/14/2024 / Packet Page #: 40
Public Meeting: Proposal to
Levy & Collect Assessments
FY 2024-2025
Community Development
City Council Meeting
May 14, 2024
Alycia Suniga, Management Analyst CityOfGlendora.org
Item #8. Page 18
Meeting Date: 5/14/2024 / Packet Page #: 41
BID BOUNDARIES Item #8. Page 19
Meeting Date: 5/14/2024 / Packet Page #: 42

ASSESSMENT METHODOLOGY
Methodology will remain the same as FY 2023-2024.

Primary Business
• $200 - $600
• Primary Business
• Business Category
• Business Location
Secondary
Business
• $100
• Operates at the
same location but is
subordinate to a
Primary Business
$0 Assessment
Businesses
• $0 – Zero
• Residential
• Side Streets
• Independent
Contractors
• 100-122 W. Foothill
Blvd.

Item #8. Page 20
Meeting Date: 5/14/2024 / Packet Page #: 43
PROPOSED ADJUSTED BUDGET FY 2024-2025
Revenue
Assessments $45,700
Halloween Walk $2,000
Wine Walk $50,000
Chalk Festival $5,000
Interest/Misc. Income $800
Total: $103,500
Expenditures
Marketing $24,500
Landscaping $10,000
Events
Wine Walk*
Chalk Festival
Small Business Saturday
Friday Night Twilight*
Halloween Walk*
Holiday Stroll*
New Event/Service
*Event/Comm. Coordinator
$27,000
$8,000
$4,000
$15,000
$6,500
$20,000
$10,000
$17,000
Miscellaneous $10,250
Total: $152,250
Expenditures exceed revenues by
$48,750, which would be covered
by surplus funds.

Item #8. Page 21
Meeting Date: 5/14/2024 / Packet Page #: 44

FUND BALANCE PROJECTIONS (RESERVES)
Amended Budget
FY 2023-24
Proposed
FY 2024-25
Beginning Fund Balance 174,250 117,584
Revenues 98,600 103,500
Expenditures 155,266 152,250
Ending Fund Balance 117,584 68,834
Council has recommended a minimum fund balance of $10,000.

Balance is projected to be in excess of $100,000.

Item #8. Page 22
Meeting Date: 5/14/2024 / Packet Page #: 45

IMPORTANT DATES
March 26 City Council Adopts Resolution of Intent to Levy Assessments April 5 Resolution and Annual Report is mailed to affected businesses May 14 City Council holds a Public Meeting
May 28 City Council holds Public Hearing and Protest Votes are tabulated Item #8. Page 23
Meeting Date: 5/14/2024 / Packet Page #: 46

RECOMMENDATIONS
That the City Council:

1. Conduct the public meeting and receive testimony regarding the proposed levy and collection of assessments for the Glendora Village Business Improvement District.

Item #8. Page 24
Meeting Date: 5/14/2024 / Packet Page #: 47

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONTINUED PUBLIC HEARING CONSIDERING 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)” (CONTINUED FROM THE APRIL 9, 2024 CITY COUNCIL MEETING)

RECOMMENDATION
That the City Council:

Reopen Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following:

1. Find and determine that the Proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) (Attachment A); and

2. Introduce for first reading 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)” (Attachment A); and

3. If applicable, direct Staff to proceed with one of the options for revising the draft ordinance regarding the maximum allowable size of new primary units on new lots created through an SB 9 lot split; and

4. 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
The first reading of the proposed ADU/SB 9 ordinance was continued from the April 23rd City Council meeting, as clarification was requested pursuant to the set of provisions related to the size of a primary residential unit on the undeveloped portion of an urban lot split (SB9).

The City Council was updated on other provisions of the proposed ADU/SB 9 ordinance, including setbacks, size, heigh and two-story options; the majority of the City Council, through their deliberations, did not express a concern on these aspects of the proposed ordinance.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In the original policy discussions with the Planning Commission and City Council, it was agreed that the City would not go in the most restrictive direction of limiting development on lot splits through Senate Bill 9 (SB 9) to two relatively tiny houses (800 sf), but rather to allow for a typically sized single-family Item #9. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 48
Staff Report Page 2 of 7
residence, and then treating the secondary unit, where allowable, similar to an ADU. For context, the City has approved four additional SB 9 units and one lot split since the law took effect January 1st, 2022.

On April 23, 2024, the City Council held a public hearing on the subject agenda; for further information refer to the following attachments:

A. Proposed Ordinance
B. April 23, 2024, City Council Staff Report
C. Updated SB 9 Policy
City Council discussion centered on the issue of the allowable size of a new primary residential housing unit, and possible secondary unit, on undeveloped lots created through an urban lot split under the provisions of SB 9. Following discussion, the City Council requested that the public hearing be continued date specific to the May 14, 2024, City Council meeting and for staff to provide additional options for City Council consideration.

DISCUSSION
In addition to the provisions regarding housing unit development on an SB9 urban lot split, the City Council was updated on other elements of the proposed ADU/SB 9 ordinance, including setbacks, size, height and two-story options; the majority of the City Council, through their deliberations, did not express a concern on these aspects of the proposed ordinance.

SB 9 went into effect on January 1st of 2022. It is part of an initiative to address California's housing crisis.

SB 9 provides a legal, streamlined process for homeowners to subdivide their urban single-family residential lot and/or build additional residential units on their property. Specifically, SB 9 alters the municipal review process for two-unit housing developments on single-family lots and the subdivision of property. It provides a pathway for up to four dwelling units in the area of the original lot, whether split or not. This is sometimes referred to as the “rule of four.” These four units can be:
 Main House, ADU, JADU, and SB 9 primary unit
 Main House, ADU, SB9 primary unit, and SB 9 secondary unit  Main House, JADU, SB9 primary unit, and SB 9 secondary unit From a planning perspective, except for requiring one parking space per SB 9-unit, Planning staff treat SB 9 secondary units and ADUs the same (e.g. same maximum size, height limit, etc.). Where the review process used to be discretionary (subjective, case-by-case), it is now subject to ministerial approval with nondiscretionary design standards. The lot split, pursuant to SB 9, must be roughly proportional, with no new lot less than 40% of the area of the original lot, with a minimum lot size of 1,200 square feet per State law; this is sometimes referred to as the “40/60 rule.” Please note that a secondary SB 9 unit may not be allowed in all scenarios. Though uncommon in Glendora, if a property owner had a main house with a JADU and an ADU (3 units), and wanted to split the lot, they would only be allowed one new, primary SB 9 unit on the new lot, as they would hit the “rule of four” limit.

At the crux of the City Council’s continuance was the policy question regarding the primary dwelling unit’s size on an undeveloped parcel of land created through an urban lot split. It is helpful to start with a graphic depicting a basic SB 9 lot split configuration to depict a possible SB 9 lot split configuration. Note that the original lot contains an existing single-family house. The split lot contains the original house and a Secondary Unit in Lot A, and a new Primary Unit and Secondary Unit in the newly created Lot B. There are two units per lot and four total units in the area of the original lot.

Item #9. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 49
Staff Report Page 3 of 7
SB 9 Lot Split Example
Under the proposed ordinance presented to the City Council on April 23, 2023, the maximum allowable size proposed for a primary unit on an SB 9 lot split was whatever was allowable under the underlying zone’s floor area ratio (FAR) and then subtracting 1,200 square feet for the possibility of a secondary unit.

In some instances, a secondary unit may not be allowed if there were three units on the lot before the split. The example provided was for a 20,000-square-foot original lot that resulted in a new 10,000- square-foot undeveloped lot pursuant to an SB 9 lot split. The single-family residential zones (R1, E3, E4, E5, E6, E7) have a 35% FAR. Applying a 35% FAR, a proposed SB 9 primary unit may be up to 2,300 square feet (3,500 - 1,200 square feet). The reduction of 1,200 is equal to the maximum size of a potential secondary unit (Section 21.04.040.2.k of the draft ordinance contains a table outlining 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.

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).

Item #9. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 50
Staff Report Page 4 of 7
During deliberations, the debate centered on how the ordinance would limit the size of the SB9 primary unit by taking into consideration a possible secondary unit. For single-family residential development, due to the two-story height limit, Glendora uses FAR more as a constraint on lot coverage than a limiter on building massing. For example, on a 5,000-square-foot lot with a FAR of .35, the primary house would be 1,750 subtracting 1,200 square feet for a total area of 550 square feet. Staff pointed out that the floor would be 800 square feet under State law; however, it is acknowledged that this is ambiguous and not the intent of the draft code to limit the primary house to something smaller than the allowable 1,200 square feet of the secondary unit.

Therefore, to address this ambiguity and provide a property owner with the ability to build a house that more reflect the homes in the neighborhood, staff recommends City Council consider two options. In order to provide the City Council with additional perspective on this policy decision, Staff has researched residential lots in Glendora, and with very few exceptions, there are virtually no, single-family lots under 5,000 square feet in area. The smallest lot identified was approx. 4,800 square feet. Therefore, it is very unlikely that under the 40:60 rule, there would be a lot created in Glendora below 2,000 square feet.

Option 1: Remove 1,200 SF reduction from the primary residence | The simplest solution to the policy questions is removing the 1,200-square-foot reduction and just using .35 FAR as the maximum allowable size for a primary dwelling unit under an SB 9 lot split. On very small lots, practical and policy constraints will limit the size of units. Under this option, staff suggests rewording the size limit for proposed primary residences on undeveloped lots as follows:

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).

For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 3,500 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,750 square feet.” Examples Under Option 1
Original Lot
Example in
Square Feet
(SF)
Split Lot (SF)
(50%)
Primary House
and Accessory
Structures on
Split Lot, Max
SF at 0.35
FAR
Secondary
Unit (SF) on
Split Lot (if
allowed under
rule of four)
Cumulative
(SF) on Split
Lot
Cumulative
FAR on Split
Lot
4,000 2,000 800* 1,200 2,000 1.00
5,000 2,500 875 1,200 2,075 0.83
10,000 5,000 1,750 1,200 2,950 0.59
20,000 10,000 3,500 1,200 4,700 0.47
40,000 20,000 7,000 1,200 8,200 0.41
* State precludes local regulation that would prohibit the construction of a dwelling of at least 800 square feet.

Item #9. Page 4
Meeting Date: 5/14/2024 / Packet Page #: 51
Staff Report Page 5 of 7
Massing Example Under Option 1: New 3,500 sf SB 9 Primary Unit and 1,200 sf Secondary Unit on New 10,000 sf lot (Single Story) Option 2: Retain provision but clarify minimum primary unit reduction | This policy options creates a floor for how far the 1,200-square-foot reduction can reduce the primary residence on the lot created through the SB9 process. Under this option, staff suggests rewording the size limit for proposed primary residences on undeveloped lots as follows:

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. The application of FAR shall not preclude the construction of a primary dwelling unit of 1,200 square feet. For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 2,300 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,200 square feet.” Examples Under Option 2
Original Lot
Example in
Square Feet
(SF)
Split Lot (SF)
(50%)
Primary House
and Accessory
Structures on
Split Lot, Max
SF at 0.35 FAR
Secondary Unit
(SF) on Split
Lot (if allowed
under rule of
four)
Cumulative
(SF) on Split
Lot
Cumulative
FAR on Split
Lot
4,000 2,000 1,200 1,200 2,400 1.20
5,000 2,500 1,200 1,200 2,400 0.96
10,000 5,000 1,200 1,200 2,400 0.48
20,000 10,000 2,300 1,200 3,500 0.35
40,000 20,000 5,800 1,200 7,000 0.35
Item #9. Page 5
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Staff Report Page 6 of 7
Massing Example Under Option 2: New 2,300 sf SB 9 Primary Unit and 1,200 sf Secondary Unit on New 10,000 sf lot (Single Story) Please note that 400 sf is exempted under both options for garages, which is the same exemption in residential zoning for the City. It is also important to mention that on small lots e.g. 2,500 square foot example, to make room for parking, setbacks, etc., it would be likely that an owner would stack the units (e.g. two-story building) – while the FAR may be higher, the lot coverage would be significantly less. For example, in the above table, the lot coverage for a two-story stacked unit (Secondary SB 9 unit on top of Primary Unit) would only be 48% for the structure.

For additional context, there are four additional dwelling unit sizes to consider with SB 9 Units and Accessory Dwelling Units (ADUs) considered in State law. Local jurisdictions are prevented from requiring ADUs or SB 9 units to be less than 800 square feet through the application of any provision; in some cases the City will need to work with submitters on setback standards to accommodate the size of units allowed under State law,800 square-foot ADUs and SB 9 units are allowed by right in all circumstances where they are required to be allowed. Furthermore, local jurisdictions are prohibited from having a maximum ADU size of less than 850 square feet, consistent with objective design standards. Likewise, they are prohibited from having a maximum less than 1,000 square feet for ADUs with multiple bedrooms.

Finally, the State limits ADUs to 1,200 square feet. In line with streamlining, the proposed ordinance is consistent concerning the allowable sizes of SB 9 secondary units and ADUs with the State and County of Los Angeles. Staff reviewed primary unit size limits under SB 9 lots splits for several nearby jurisdictions to provide the City Council with additional information.

Nearby Jurisdiction’s Code
City Primary Unit Size on Split Lot
Azusa 800 square feet
Claremont Maximum allowable under FAR (typically 35%)
Covina Maximum allowable under FAR (typically 35%)
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Staff Report Page 7 of 7
La Verne Max Lot coverage allowed by underlying zone (typical 35%) Pasadena As prescribed by the underlying zoning district. If all applicable development standards contained in the underlying zoning district cannot be met, the maximum size permitted is 800 square feet per dwelling unit.

Rancho Cucamonga 800 square feet.

West Covina 800 square feet.

Staff requests the City Council’s direction as it relates to the primary unit size allowable on an SB 9 lot split. While staff prepared two options for City Council consideration, the City Council can provide staff with direction on a different option or adopt the language from the proposed ordinance. If necessary, the changes to the proposed ordinance will be amended through a motion of the City Council.

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.

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. April 23, 2024 City Council Report
C. Updated SB 9 Policy
D. CEQA Notice of Exemption
E. Notice of Continued Public Hearing
F. Summary for Publication
G. Housing Element Project Tracker
H. HCD ADU Handbook
I. PowerPoint
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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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Ordinance No. ____ Page 6 of 36
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.

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Maximum size shall be one thousand two hundred (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 one thousand two hundred (1,200) square feet for a secondary unit. For example, on a ten thousand (10,000) square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be two thousand three hundred (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 four (4) feet.

Height Two (2) stories, not to exceed twenty five (25) feet in height.

Open Space Two hundred (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(2) spaces are required (One (1) for the primary dwelling, and one (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 (1) primary SB 9 unit on a lot created through an urban lot split. b. One (1) 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 eight (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)
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vii. Duplex (primary and secondary dwelling attached), ADU(s) 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 one thousand two hundred (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.

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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.
“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”:

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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 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.

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“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.

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.

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Ordinance No. ____ Page 13 of 36
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.
“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.

Item #9. Page 20
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Ordinance No. ____ Page 14 of 36
“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.” “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.

Item #9. Page 21
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Ordinance No. ____ Page 15 of 36
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.
“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:

Item #9. Page 22
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Ordinance No. ____ Page 16 of 36

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;

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;
Item #9. Page 23
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Ordinance No. ____ Page 17 of 36

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.

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.

Item #9. Page 24
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Ordinance No. ____ Page 18 of 36
“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.
“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.

Item #9. Page 25
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Ordinance No. ____ Page 19 of 36
“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.

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”).

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Ordinance No. ____ Page 20 of 36
“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.”
“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.

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Ordinance No. ____ Page 21 of 36
“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.
“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.

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Ordinance No. ____ Page 22 of 36
“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.
“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.

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Ordinance No. ____ Page 23 of 36
“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. “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.

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Ordinance No. ____ Page 24 of 36
“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. “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;
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Ordinance No. ____ Page 25 of 36

4. Auctioneers;

5. Reconditioning and sale of household appliances.
“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.

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“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. “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.

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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 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 #9. Page 38
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Ordinance No. ____ Page 32 of 36
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 #9. Page 39
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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 #9. Page 40
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Ordinance No. ____ Page 34 of 36

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 L. 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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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
Additional Dwelling Units and Residential Lot Splits
The State of California enacted Senate Bill 9 (SB 9) to provide new pathways to homeowners to create additional dwelling units on property zoned for single family development. It allows up to four (4) dwelling units on eligible single family lots. SB 9 also allows the original single family lot to be split into two roughly equal lots; however, the total number of units on both lots combined, cannot exceed four (4). Importantly, SB 9 does not require a lot to be split, but it is an allowed option subject to standards.

SB 9 is not a pathway to getting eight (8) dwelling units through a lot split. There are additional criteria, but in summary, lots eligible for additional units under SB 9 must:
a. be zoned for Single Family Residential (R-1, E-3, E-4, E-5, E-6, E-7 and RHR). b. be located outside of Very High Fire Hazard Severity Zones unless fully mitigated and served by a City-standard street of at least 26’ in width.
c. be located outside of the Historic Preservation Overlay Zone and not designated a historic property.

Undeveloped lots are ineligible to be split; however, a lot split off from an occupied lot may be undeveloped e.g., the lot split is not contingent on the lot being created having plans for additional dwelling units. Any lot proposed for a lot split must be owner occupied, the owner of record must be the applicant, and the owner/applicant must sign an affidavit to live on the property for three (3 years from time of application. A lot may only be split under SB 9 only once. The SB 9 application must not require demolition of affordable housing for persons or families of moderate, low, or very low incomes; rentcontrolled housing; and/or housing which has been occupied by a tenant in the last three years.

Definitions
Accessory Dwelling Units (ADUs) may be used and rented as full-time living quarters and may be a detached accessory building or attached to the main residence. Guest Houses and Accessory Dwelling Units are also allowed in all single-family residential zones subject to the requirements of Glendora Municipal Code.

Lot Split means dividing one eligible, single-family zoned lot into two lots subject to the provisions of SB 9 and this policy. It is used synonymously with “urban lot split” and SB 9 lot split.” Primary Dwelling Unit is the main residential dwelling unit on a single-family lot. It is subject to all development standards for the lot; however, standards shall not preclude the construction of an 800 square foot Primary Dwelling Unit.

SB 9 Units are additional dwelling units, homeowners in a single-family zoning district may be eligible to construct under the provisions of SB 9 subject to standards. There may be up to one primary and one secondary SB 9 unit per lot (if split, this is four total). They may be attached or detached. No more than two SB 9 units are allowed per parcel.

Secondary Dwelling Unit (SB 9 Unit) is a second, residential unit authorized under SB 9.

Single Family Residence (SFR) is a dwelling intended for one household.

Single Family Residential Zones are the R-1, E-3, E-4, E-5, E-6, E-7 and RHR.

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
Disclosures
Property Taxes | Adding residential units and/or splitting your property may have property tax implications. Contact the Los Angeles County Assessor for guidance and more information regarding SB 9 tax implications.

Homeowner's Associations (HOA) | SB 9 does not require HOAs to approve or permit SB 9 units and/or lot splits. Please contact your HOA for approval before submitting an SB 9 application to the City.

Mortgages and other liens | Lot splits may impact the terms of mortgages and other loans against the property. The City is not responsible for lot splits or other development that violates the terms of any mortgages, deeds of trust, or loans encumbering the property. Contact your bank or mortgage holder for information regarding any lien terms against the property.

Preliminary SB 9 Lot Split Eligibility and Pre-application Checklist  Complete development and lot split application. Applicant must be the property owner.

Please see Glendora’s SB 9 Urban Lot Split Requirements for a full list of eligibility criteria and submittal requirements.

Additional SB 9 Units
 Applicant submits building permit application to Building Division  Property must be within an eligible single-family zoning district.  Must not be in a CalFire high or very high fire hazard severity zone unless fully mitigated.  Property must not be within a designated historic district or a designated historic landmark.  If demolition of an existing structured is proposed, it must not have housed a tenant in the last three years, and must not be 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. Applicant will be required to submit a complete SB 330 Residential Replacement Unit Determination Form if demolishing residential unit(s).
 See the Submittal Requirements Matrix & List for complete submittal requirements.

Additional Forms and Handouts can be found at:
www.cityofglendora.org/departments/community-development/planning-division/applications-documents www.cityofglendora.org/departments/community-development/planning-division/accessory-dwelling-unit. www.cityofglendora.org/home/showpublisheddocument/29281/638199318839670000 Item #9. Page 45
Meeting Date: 5/14/2024 / Packet Page #: 92

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
Possible SB 9 configurations on lots that are not split (Units may be attached or detached)
 Primary dwelling
 Primary dwelling, secondary dwelling
 Primary dwelling, JADU
 Primary dwelling, ADU
 Primary dwelling, ADU, JADU
 Primary dwelling, secondary dwelling, ADU
 Duplex (primary and secondary dwelling attached)
 Duplex (primary and secondary dwelling attached), ADU(s)  Primary dwelling, detached ADU(s), and JADU
 Quadplex (Primary dwelling, secondary dwelling, ADU, and JADU) Illustration 1: Possible SB 9 Configurations when Lot is Not Split (Any combination may consist of attached or detached units, not to scale) Item #9. Page 46
Meeting Date: 5/14/2024 / Packet Page #: 93

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
Possible SB 9 configurations on a lot created through a lot split  One primary dwelling
 One primary dwelling and one secondary dwelling
 Duplex (one primary and one secondary dwelling attached)  Primary dwelling with a JADU
 Primary dwelling with an ADU (attached or detached)
Illustration 2: Possible SB 9 Configurations on Lots Created through a Lot Split (The following configurations depict a post-split lot)
SB 9 Policy and Standards
SB 9 applications are not subject to public hearings. Glendora has enacted the following objective standards:

A. Location

1. Eligible zones. SB 9 lot splits and units shall be allowed, subject to limitations and standards, in the following zones:
a. R-1 (Single-family residential);
b. E-3, E-4, E-5, E-6 and E-7 (Single-family estate);
c. RHR (Rural hillside residential).

B. Eligibility

1. Applicant. Only an individual property owner may apply for an SB 9 split. This means 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. This does not include any corporation or corporate person of any kind except for a community land trust or a qualified nonprofit corporation.

Item #9. Page 47
Meeting Date: 5/14/2024 / Packet Page #: 94

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org

2. Ineligible Zones. All zoning districts not listed above, including the HPOZ, are ineligible for SB 9 applications. The property may not be in a State Historic Resources Inventory, or on a site designated as a city or county landmark or historic property or district.

3. Fire Zones. SB 9 applications shall not be approved in very high fire hazard severity zones unless the lot is served by a public or private street that meets City standards, and other fire mitigation measures as determined by Los Angeles County Fire, the Public Works Department, and the Building Official per applicable codes.

4. Flood Zones and Floodways. Sites in 100-year floodplains and floodways are ineligible for SB 9 applications unless a letter of map revision has been issued by FEMA or meets the minimum National Flood Insurance Program requirements as defined by FEMA.

5. Habitat for Protected Species. If the site is designated habitat for a protected species, it is ineligible for the provisions of SB 9.

6. Undeveloped Lots. Undeveloped lots (lots that are not improved with an existing single-family dwelling) are ineligible for SB 9 lot splits.

7. Ownership Affidavit. The applicant for an urban lot split must sign an affidavit, under penalty of perjury, stating that they intend 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. Perjury is a felony in the State of California.

C. General Standards

1. Lot Split. SB 9 eligible residential lots may be split into no more than two lots. The minimum lot size is 1,200 square feet and each lot must be between 40 percent and 60 percent of the original lot area.

2. An application for a lot split must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided for in SB 9.

3. Multiple and Adjacent SB 9 lot splits prohibited. Parcels created through a prior lot split under SB 9 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 this law.

4. Dwelling Unit Quantity. There shall be no more than two dwelling units on a lot created through an SB 9 lot split, with one designated as the Primary Dwelling Unit. There shall be no more than four dwelling units on a residential lot not created or part of an SB 9 lot split, with at least one of the dwelling units designated as the Primary Dwelling Unit. All additional dwelling units to the primary residential unit, regardless of if lot split or not, must be designated as either a Secondary Unit, ADU, or JADU.

5. Primary Dwelling Units. One SB 9 unit must be designated as the Primary Dwelling Unit per lot.

A Primary Dwelling Unit shall comply with the lot coverage, floor area ratio, open space requirements, height, front setback, and any other design standards of the underlying singleItem #9. Page 48 Meeting Date: 5/14/2024 / Packet Page #: 95

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
family residential zone, except that application of these standards shall not preclude the construction of a unit that is 800 square feet and maintains four-foot side and rear setbacks and is otherwise in compliance with all other design and development standards. If only one unit is proposed, it shall automatically be designated as the Primary Dwelling Unit.

6. Secondary Dwelling Units. A Secondary Dwelling Unit shall comply with the lot coverage, floor area ratio, single-story heigh limit, open space requirements, and any other design standards of the underlying single-family residential zone, except that application of these standards shall not preclude the construction of a Secondary Dwelling Unit that is 800 square feet and maintains three-foot side and rear setbacks and is otherwise in compliance with all other design and development standards.

7. Existing Unit Expansion. A Primary Dwelling Unit that was legally established prior to the SB 9 lot split and that is larger than 800 square feet, may not be enlarged within 800 square feet of the maximum FAR. If an existing Primary Dwelling Unit exceeds the allowable FAR, then the Primary Dwelling Unit may not be enlarged. Secondary Dwelling Units existing prior to a lot split may be expanded to up to 1,000 square feet, provided this amount does not exceed FAR for the totality of the structures. If FAR is exceeded, then existing Secondary Dwelling Units are limited to 800 square feet.

8. Accessory Dwelling Units. If an existing lot is not split under SB 9, then a Primary Dwelling Unit, Secondary Dwelling unit, ADU, and one JADU may be allowed under the provisions of this policy and Chapter 21.04.040 Accessory Dwelling Units. If a lot is split, then up to two dwelling units per lot are allowed, with one being the Primary Dwelling Unit. The second unit may be a Secondary Dwelling Unit, ADU, or JADU.

9. Demolition. The proposed lot split must not require the demolition or alteration of any of the following types of housing: housing restricted to affordable rent by a covenant, ordinance, or other law; housing subject to any form of rent or price control; or housing that has been occupied by a tenant in the last three (3) years. If any demolition of a residence is proposed, the applicant must complete the SB 330 Residential Replacement Unit Determination Form and Affidavit.

10. Utilities. Each dwelling unit on a resulting lot must have separate utility connections for water, sewer, and gas; provided that the city shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a Primary Dwelling Unit, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new singlefamily home.

11. Easements. The City may require on-site easements for the provision of public services and facilities. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

Item #9. Page 49
Meeting Date: 5/14/2024 / Packet Page #: 96

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
D. Development Standards

1. Attached or Detached. Primary Dwelling Units, Secondary Dwelling Units, and ADUs may be attached or detached.

2. Dimensions. SB 9-unit dimensional standards are provided in Table 2.

3. Architectural Consistency. Secondary Dwelling Units must match the existing Primary Dwelling Unit in exterior materials, color, and dominant roof pitch. The dominant roof pitch is the slope shared by the largest portion of the roof. If SB 9 units are being proposed for an undeveloped lot without a lot split, then the architecture style of the Primary Dwelling Unit shall adhere to a style found in the Glendora Municipal Code.

4. Parking. 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 Off-street parking and loading, unless:
a. The parcel is located within a half mile walking distance of a high-quality transit corridor, or a major transit stop (see definitions in Public Resources Code Sections 21155 and 21064.3); or
b. 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. Parking relief for the “Glendora” station only applies once the station is in operation and accepting users.
c. If there is a combination of SB 9 units and ADUs, JADUs, the parking requirement for each classification of unit shall be according to the standards for that unit in the Glendora Municipal Code.

5. Access. New parcels must have vehicular and pedestrian access to, provide access to, or adjoin the public right-of-way.

6. Driveways. A driveway of at least eight (8) feet in width, with adequate access easement, required for lots that do not have public or private street frontage (Driveway may be required to be 20 feet in width if necessitated to meet fire code).

7. Entrances. Each SB 9 unit shall have its own, separate entrance.

8. Usable Open Space. Each SB 9 development shall provide a minimum of 200 square feet of usable on-site open space per residential unit and no dimension less than 10 feet, subject to the following standards:
a. The usable open space may be comprised of common open space shared by more than one residential unit or private open space for the exclusive use of the residents of one (1) unit.
b. Common open space at the ground level shall have a minimum area of 200 square feet and no dimension less than fifteen feet.

Item #9. Page 50
Meeting Date: 5/14/2024 / Packet Page #: 97

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
c. Parking facilities, driveways, and service areas are not usable open space. d. The required area of open space can only be reduced by the amount necessary to have minimum SB 9 units if the lot area is too small to otherwise accommodate this standard. e. Any required setback abutting a public or private street shall not count toward meeting the usable open space requirement.

9. Permanent Structures. SB 9 units shall be permanent structures and meet all applicable standards in the adopted Building Code.

10. Accessory Dwelling Units and Junior Accessory Dwelling Units (ADUs and JADUs): Residential properties not invoking the lot split provision of SB 9, are still eligible for an accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) subject to the standards provided in §21.04.010.D.5, §21.04.010.D.4, and §21.03.020.K of the Glendora Municipal Code.

11. Rural Hillside Residential Zone (RHR): In the RHR zone, the Primary Dwelling Unit shall comply with all standards in the RHR zone as prescribed in §21.04.010, §21.04.030, and §21.A.A.

12. Fire Mitigation. A lot in very high fire hazard severity zone must comply all required fire mitigation measures including the following:
a. Must have direct access to a public right of way with a paved street that meets City standards and there must be at least two points of access meeting minimum standards for first responders to access and for residents to evacuate. b. All dwellings on the site must comply with current fire code requirements for dwellings in very high fire hazards severity zones.
c. Other conditions and requirements as may be required by the Los Angeles County Fire Department.

13. Building Safety. All structures built on lots and resulting lots must comply with all current local building standards.

14. Nonconforming Zoning Conditions. 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 shall not be required.

15. Denial. The City 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.

16. Compliance with SB 9. This policy is intended to fully comply with the requirements of SB 9.

Where this policy may be silent, and/or where a conflict may occur, the minimum standards and limits of SB 9 shall prevail or apply. Development standards in this policy shall not be applied to preclude the construction of an 800 square foot Primary or Secondary Dwelling Unit.

17. Variances Prohibited. 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.

Item #9. Page 51
Meeting Date: 5/14/2024 / Packet Page #: 98

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
E. Conveyance and Leasing

1. Separate Fee-Simple Conveyance. Primary or Secondary Dwelling Units on the same lot shall not be sold or conveyed by fee simple, separately.

2. Short-term Rentals Prohibited. Any dwelling unit on a lot where an SB 9 application has been invoked shall not be rented for a period less than 31 days.

3. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 31 days.
b. Expressly prohibits any non-residential use of the lots created by the urban lot split. c. Expressly prohibits any separate conveyance of a dwelling unit sharing a lot. d. States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development, and is ineligible for further lot splits.

F. Application Required

1. SB 9 Dwelling Units
a. Processed as a building permit subject to residential Submittal Requirements Matrix & List and Certification.
b. A second story primary residence requires a minor Development Plan Review.

2. Lot Split
a. Subject to Lot Split Checklist and fee.
b. Subject to SB 9 urban lot split requirements.
c. Offsite improvements shall not be required for urban lot splits.

Item #9. Page 52
Meeting Date: 5/14/2024 / Packet Page #: 99

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Revised September 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 POLICY
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
Table 2: Dimensional Standards Summary
Primary
Dwelling Unit
Standards
Maximum Size Maximum square footage allowed under FAR, minus 800. For example:

FAR 35%.

Lot Size: 9,000 square feet.

Equation: 3,150 - 800 = 2,350.

Maximum Unit Size: 2,350 square feet.

Existing Primary Dwelling Units that are larger than the maximum FAR shall not be enlarged.

Does not include up to 400 sf of a parking garage.

Setbacks Street Front: minimum required in the zone.

Side. 4 feet.

Rear: 4 feet.

If a lot has no street frontage, then all setbacks shall be 4 feet.

Height Maximum: 25 feet and one-story. Second stories may be permitted subject to approval of a Development Plan Review application.

Secondary Dwelling Unit
Maximum Size 1,000 square feet.

Does not include up to 400 sf of a parking garage.

Setbacks Side: 3 feet.

Rear: 3 feet.

If a lot has no street frontage, then all setbacks shall be 3 feet.

Height One story; 16 feet.

Both units
Usable Open Space 200 square feet of usable open space is required per unit; however, may be reduced by only the amount necessary to accommodate at least minimum SB 9 units and required parking.

Unit Size An SB 9 Unit shall comply with all development standards, except that the application of those standards shall not preclude the construction of a unit that is 800 square feet in size.

Lots
Minimum size 1,200 square feet subject to not exceeding 60:40 ratio.

Proportionality Neither new parcel may be smaller than 40% of the lot area of the original parcel being divided.

Configuration There are no other limits on lot shape or configuration.

Item #9. Page 53
Meeting Date: 5/14/2024 / Packet Page #: 100

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Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
General Information
SB 9 eligible residential lots may be split into no more than two lots. The minimum lot size is 1,200 square feet and each lot must be between 40 percent and 60 percent of the original lot area. An application for a lot split must conform to all applicable objective requirements of the Subdivision Map Act (Division 2, commencing with Section 66410), except as otherwise expressly provided for in SB 9.

Lot Split means dividing one eligible, single-family zoned lot into two lots subject to the provisions of SB 9 and the City’s SB 9 Policy Framework. Policy. It is used synonymously with “urban lot split” and SB 9 lot split”. The SB 9 Policy Framework provides detailed information on the Possible SB 9 Configurations on Lots created by an Urban Lot Split.

Applicants must retain the services of a Professional Land Surveyor licensed by the State of California to prepare the Urban Lot Split Map (Parcel Map) and documents required for the lot split. See Detailed SB 9 Lot Split Requirements below. In addition, a grading and drainage plan or a drainage plan prepared by a Registered Civil Engineer licensed by the State of California will be required if more than 50 cubic yards of soil, cuts or fills greater than one foot in depth, or drainage issues will be generated by the SB 9 development.

Disclosures
Property Taxes | Contact the Los Angeles County Assessor for guidance and more information regarding SB 9 tax implications before submitting an application to the City.

Homeowner's Associations (HOA) | SB 9 does not require HOAs to approve or permit SB 9 units and/or lot splits. Please contact your HOA for approval before submitting an SB 9 application to the City.

Preliminary SB 9 Lot Split Eligibility
 Complete a Planning Application for “Tentative Parcel Map/Lot Split”. The applicant must be the property owner.
 Applicant must agree by submission of a sworn affidavit, to live on property for three years from the date of approval of the lot split application.
 Property must be within an eligible single-family zoning district.  Property must have at least one residence on it.
 Property may only have residential uses on it.
 Lot split cannot result in any parcel with more than two units on it.  Each resulting parcel must be at least 1,200 sf and must be at least 40% of the size of the original parcel.
 Each resulting lot must have access to the right of way.  Property must not be in a CalFire very high fire hazard severity zone unless fully mitigated and served by a city-standard width public or private street of at least 26 feet in width.  Property must not be within a designated historic district or a designated historic landmark.

Item #9. Page 54
Meeting Date: 5/14/2024 / Packet Page #: 101

Page 2 ends

Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org
 If demolition of an existing structured is proposed, it must not have housed a tenant in the last three years, and must not be 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.  Must have “will serve” letters proving public utility service is available at time of application along with any required utility easements.
 Must show all existing and proposed easements on development plans.  Property must not have been part of a previous SB 9 lot split.  There must be access provided from all lots to the nearest public right-of-way.  Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.
 Proof that the existing lot is a legal lot under the Subdivision Map Act – if not, the applicant will have to go through the Certificate of Compliance process.

SB 9 Urban Lot Split Parcel Map General Requirements
This information is for the Licensed Land Surveyor who will be preparing the Map. The surveyor must prepare a complete and formal submittal for checking. The map will be checked by the consultant City Land Surveyor and the City Land Development Engineer.

After approval by the City, the applicant or his surveyor will have to submit the Map to the County of Los Angeles Department of Public Works Land Development Division for their review and processing for filing of the map. The County will charge fees for their map processing and filing with the County Recorder.

SB 9 Urban Lot Split Fee
Applicant pays the Tentative Parcel Map/ Lot Split fee of $4,006.00 (Planning Fee P-48).

Detailed Requirements for SB Lot Split Parcel Map

1. The surveyor will obtain the Parcel Map number for the Urban Lot Split from the County of Los Angeles Department of Public Works Land Development Division.

2. Submit the original tracings to the City for final review after completion of all reviews and when instructed [SMA 66434(a)].

3. With the SB9 Lot Split Appllication, submit the Parcel Map for the proposed SB9 Lot Split and a site plan drawn to scale showing proposed buildings, all existing buildings, existing property lines, proposed property lines, and easements. The site plan must show the dimensions from the existing (and any proposed) buildings to the proposed property lines.

4. Trim the Mylar(s) to- 18" by 26" overall with a blank 1" margin on all sides. The Mylar(s) will be measured [SMA 66434(b)].

5. Ink must be black (no grayscale), opaque, and permanent in nature. All required certificates should be stamped or printed with black, opaque, and permanent Ink. Execute signatures with extra-fine point black marker or 1.0 mm, black, gel-roller ball pen (NO BALL POINT PENS). All printed information must be on the front side of the Mylar.

6. The minimum size of all text must be 0.10", Arial 10.5 point, or similar; do no overlap or obscure text; use only black, solid lettering; no shadow text; no ghost text; no block outline text.

Item #9. Page 55
Meeting Date: 5/14/2024 / Packet Page #: 102

Page 3 ends

Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org

7. Prepare the map at a scale that clearly shows all delineated line work, labels, dimensioning, and text. The map must be clearly readable for referencing and retracement in perpetuity by all professionals after recordation and digital archiving by the County.Show/correct map scale and/or detail scale (CC 21.44 Part 2). Use engineering scale measurements, not architectural.

8. Show north arrow with proper angular orientation to the drawing (CC 21.44.140).

9. Correct all spelling errors and activate the "Spell-Check" tool on your CAD application.

10. Show Sheet X of XX Sheet(s) beginning with the title sheet first (CC 21.44 Part 2).

11. Provide a 3" across by 4" down rectangular space for the Recorder in the upper right corner of Sheet 1 of the map.

12. Show title on all sheets: Parcel Map No. XXXXX in the City of Glendora, County of Los Angeles, State of California (CC 21.44 Part 2).

13. Show/correct the subtitle (legal description) on the map and/or on the preliminary subdivision report/guarantee.

14. Use only formal language/verbiage throughout the title sheets. Spell-out all words; no abbreviations except in legal names/titles.

15. Show/correct distinctive border on the front side of the Mylar inside the boundary of new parcels being created. Show distinctive border on details and throughout the map sheets. Do not obliterate or obscure any figures, lines, or text. Use solid, bold line style with equidistant, solid circles tangent to the border.

16. Show/correct distinctive border legend on the title sheet or on every mapping sheet. Place near the top of each sheet.

17. Show/correct recorded conveyance deed references and recorded map references for exterior boundaries of the parcel map except where an exterior boundary abuts a dedicated public street.

Certificates of Compliance do not convey fee title interests.

18. Provide a copy of the dedication document as noted where the exterior boundary abuts a dedicated public street.

19. Label "NOT A PART OF THIS SUBDIVISION" for areas not included in the exterior boundary as necessary.

20. Show references to adjoining sheets and compare duplicated information on adjoining sheets (CC

21.44 Part 2).

21. Submit complete, full-size, legible copies of all deeds, field book pages, and other documents/information references shown on the map and needed to interpret references on the map. The recorded/filed/indexed numbers (book and page) must be clearly visible. Copies of Corner Records must include both pages; reductions, partial copies, and illegible text are not acceptable.

22. Show/correct/state method of establishment of all public street centerlines, boundary lines, parcel lines, easement lines, and/or corners on the map. Cite references of recorded/filed evidence where noted.

23. Submit sketch/drawing and traverse calculations of establishment method of easement(s) originating outside the boundary.

Item #9. Page 56
Meeting Date: 5/14/2024 / Packet Page #: 103

Page 4 ends

Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org

24. Submit sketch/drawing, traverse calculations, dimensioning, and point# locations clearly indicating proportionate measurement methods, references, and calculations.

25. Correctly label archived locations of every field book reference: CITY ENG. F.B.; CITY ENG. T.B. (Tie book); COUNTY ENG. F.B; L.A. CO. P.W.F.B.; L.A. CO. R.D.F.B.; L.A.C.F.C.D. F.C.; L.A. CO.

C.S.F.B.

26. Comply with all State law provisions when using/referencing the California Coordinate System.

27. Show/correct basis of bearing note. Place under the Surveyor's/Engineer's Statement.

28. Comply with the monument requirements of the County Engineer and CC Chapter 21.20 for all monuments.

29. Label every found monument with a recorded/filed reference or state "NO REFERENCE". On every monument, cite the LS#, RCE#, or agency name shown on the tag/washer or cite "NO WASHER", "NO TAG", and/or "NO #". Every untagged boundary control monument and untagged centerline tie monument must be tagged. In a city, the filing of centerline tie notes shall be coordinated through the city engineer. In unincorporated areas, Comer Records must be filed with the County Surveyor.

30. Describe, clearly and thoroughly, the details of every monument found or set. Every iron pipe, found or set, must cite the depth/height above/below surrounding grade. Points falling on maintenance holes (manholes) shall describe the type of maintenance hole such as SSMH for sanitary sewer maintenance hole or SDMH for storm drain maintenance hole.

31. Every monument set at an offset to perpetuate a record point or found at an offset from the record point must have clearly label bearings and distances along each tie line from the record point to the offset monument; dimension perpendicular offsets from boundary lines or prolongations of boundary lines (Reference the County Surveyor's Monument Requirements.)

32. All monuments must be set, inspected, and approved before submittal for legislative body approval.

Boundary comer monuments and centerline monuments on dedicated/offered interior streets may be deferred after verified compliance with CC 21.20.060.

33. Request a monument inspection by signed letter from the map's surveyor to this office addressed to the County Engineer and stating that all monuments are set, ready for inspection, and comply with CC & SMA; include Comer Records and/or city tie notes.

34. Label all monuments approved for deferral as "TO BE SET"; modify the Surveyor's/Engineer's Statement accordingly.

35. Submit a copy of the posted monument bond receipt from the city for all approved, deferred monument settings.

36. Show/correct adjoining streets and/or widths and/or names. Clearly show transitioning by duplicating data/labels/line work.

37. Show/correct bearings and distances on all lines; use leader lines and leader arrows where necessary.

Item #9. Page 57
Meeting Date: 5/14/2024 / Packet Page #: 104

Page 5 ends

Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org

38. Show/correct curve data for every street centerline, street sideline, and property line comer returns.

Label the radial line bearings where noted. Label the radial line bearings at each delineated termini along non-tangent curves.

39. Show/correct parcel areas (both net and gross when appropriate) to the nearest square foot or 0.01 acre when over 3 acres.

40. Show correct and enclosed details. Details are required where dimensioning is not clearly visible at the sheet's scale. Enclose the detail, labels, and dimensioning in a bold, dashed, enclosure line style ( ).

41. Delineate/label/tie-in all city boundaries adjoining or crossing the parcel map boundary.

42. Traverses do not close within allowable limits of error. Reference the map sheets for specific areas.

43. Submit traverse closure calculations clearly showing/labeling the POB and location of each traverse, the sequence of courses, the bearing and length to close, the precision ratio, the length of the traverse, the error in latitude, the error in departure, and the angular error. Show lengths to the nearest 1/100 of a foot (0.01') and bearings to the nearest second of angle (O' 00' 00").

44. Provide traverse closure calculations within allowable limits of error (See map for specific area(s)).

Submit traverse closures for the following: a. Distinctive border; b. Centerline loops; c. Block loops; d. Parcels(s); and e. Not a part areas.

45. Verify centerline to sideline width and centerline to centerline width where noted on check print.

Always use leader lines where dimensioned width crosses any line.

46. The sum of parts does not equal the total where noted on check print.

47. Show/correct the Surveyor's/Engineer's Statement; LS/RCE signature must be dated: affixed seal must be legible, 1½" to 2" diameter Provide sufficient space to easily affix the seal with no overlap of data.

48. Complete/correct the title sheet as to Owner's Statement, dedications, offers, restrictions, etc.

Clearly delineate, dimension, and label all dedications on the map sheets.

49. Verify that the dedications and/or offers to the City as cited in the Owner's Statement are specifically accepted or rejected in the City Clerk's Certificate. Every easement offered or dedicated must be delineated and tied- out on the map sheet(s) and labeled with the same acceptance/rejection verbiage in the Owner's Statement.

50. The title sheet must agree with the preliminary subdivision report/guarantee with respect to owners, trustees, beneficiaries, easement holders, and interest holders. Need authority for the signatures of LLCs and corporations.

51. Show/correct signature omissions note(s). State verbatim from the recorded easement document the purpose/nature of every easement cited in the omission note(s) and on the map sheet. Verify 'indeterminate' or 'blanket in nature' designations. Have the preliminary subdivision guarantee revised accordingly.

52. Submit all public utility/public entity letters for every applicable signature omission to the City Engineer's office addressed to the City Council or submit a signed statement that State law has been met with respect to public utility/public entity signature omissions.

Item #9. Page 58
Meeting Date: 5/14/2024 / Packet Page #: 105

Page 6 ends

Revised June 2023

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
SB 9 URBAN LOT SPLIT REQUIRMENTS
Glendora Planning Division
116 E. Foothill Blvd.

Glendora, CA 91741
626-914-8214
www.cityofglendora.org

53. Show/correct/label every easement affecting the parcels and show ties to parcel lines. If easements are blanket, indeterminate, or within an area being dedicated for public street, so state in the signature omissions note.

54. Submit a preliminary subdivision guarantee dated within the last 90 days.

55. Complete/correct the title sheet with respect to signatures, seals, acknowledgments, and spelling.

56. Show/correct/label natural drainage course(s), flood hazard area(s), geological hazard area(s), and/or the accompanying note(s).

57. Show/correct street alternate section note on each sheet of map.

58. Show/correct Certificates. (City Engineer's, City Clerk's, Special Assessment's, County Engineer's, Tax Certificates (2), etc.)

59. Provide 2¼” diameter space to affix the County Seal next to the tax certificates and for any required City Seals next to the City Clerk's Certificate.

60. Tax clearance is required.

61. Submit bond estimate declaration signed by all owners of record.

62. Post the tax bond or other security as required.

63. Send a copy of the latest version of the final map to your title company and/or to the City Engineer for review.

Item #9. Page 59
Meeting Date: 5/14/2024 / Packet Page #: 106
Form Rev Jan 2022, v1
Glendora Planning Division
116 E. Foothill Boulevard
Glendora, CA 91741
626-914-8214 | 626-914-9053 fax
www.ci.glendora.ca.us

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT

OWNERSHIP AND CONSENT AFFIDAVIT
SB 9 Owner Applicant Affidavit (Must be Notarized)
This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the property known as:

Project Street Address_____________________________________________________________________________________ and
Assessor’s Parcel Number__________________________________________________________________________________ and
Legal Description (May Attach) ______________________________________________________________________________ agree(s) to the following:

1. The information presented is true and correct to the best of my knowledge.

2. Public Record. I understand that any information provided becomes part of the public record and can be made available to the public for review and posted to the city website.

3. Protected Housing. I certify that the project does not include the 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 of the Government Code to withdraw accommodations from 27 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.

4. No Prior Urban Lot Split. If an urban lot split is proposed, I certify that the parcel has not been established through prior exercise of an urban lot split; and that 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.

5. No Additional Future Urban Lot Splits: If an urban lot split is proposed, I the property owner acknowledge that no future lot splits or subdivisions of the property will be allowed.

6. Owner-Occupancy. If an urban lot split is proposed, I the property owner intend to occupy one of the housing units located on a lot created by the parcel map as my principal residence for a minimum of three years from the date of the recording of the parcel map.

7. Rental Terms. I understand that rental terms of any unit created by the project shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

8. Residential Uses. I understand uses allowed on a lot are limited to residential uses only.

That I/we agree to the above on my/our property for SB 9 processing by the City of Glendora. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct.

Executed this _____ day of ____________, 20__ at ____________________________(city) California, under penalty of perjury of the laws of the State of California.

To be signed by all record owners:
_____________________________________ ___________________________________ Signature Print Name
_____________________________________ ___________________________________ Signature Print Name
For additional names, please use a separate sheet of paper.

Notary Must Be Attached When Application Submitted
Item #9. Page 60
Meeting Date: 5/14/2024 / Packet Page #: 107

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
ACCESSORY DWELLING UNIT | SB 9 SURVEY
Page | 1
Revised Mar. 2023
Glendora Planning Division
116 E. Foothill Boulevard
Glendora, CA 91741
626-914-8214
www.ci.glendora.ca.us
** To help reduce the number of resubmittals please submit the ADU | SB 9 survey at the time of your application ** Building Permit Number: ____________________ Address: _______________________________ Indicate application type and complete the applicable survey questions.

Application Type:
 ADU
 JADU
 SB 9
Accessory Dwelling Unit Questions
Construction Type: ADU Size:________SF
 Detached
 Attached
 Conversion
What is the intended use of the ADU?
 Housing for a family member or friend
 Housing for caretaker/employee
 Occasional use by guests
 Rental for extra income
Other:

Number of bedrooms? ______
How many persons will typically occupy the unit?
Will any rent be charged?
 Yes
 No
If yes, expected monthly rent: $
Junior Accessory Dwelling Unit Questions
What is the intended use of the ADU? JADU Size: ______SF  Housing for a family member or friend
 Housing for caretaker/employee
 Occasional use by guests
 Rental for extra income
Other: ______________
Number of bedrooms? ______
How many persons will typically occupy the unit?
Will any rent be charged?
 Yes
 No
If yes, expected monthly rent: $
Item #9. Page 61
Meeting Date: 5/14/2024 / Packet Page #: 108

CITY OF GLENDORA, COMMUNITY DEVELOPMENT DEPARTMENT
ACCESSORY DWELLING UNIT | SB 9 SURVEY
Page | 2
Revised Mar. 2023
Glendora Planning Division
116 E. Foothill Boulevard
Glendora, CA 91741
626-914-8214
www.ci.glendora.ca.us
SB 9 Unit Questions
SB 9 Application Type:
 Urban Lot Split
 Additional SB 9 Unit(s)
What is the intended use of the Urban Lot Split?
 Housing for a family member or friend
 Housing for caretaker/employee
 Occasional use by guests
 Rental for extra income
Other:

Secondary Unit Type: Secondary Unit Size:_____ SF
 Detached
 Attached
 Conversion
What is the intended use of the Additional SB 9 Units?
Housing for a family member or friend
 Housing for caretaker/employee
 Occasional use by guests
 Rental for extra income
Other:

Number of bedrooms? ______
How many persons will typically occupy the unit?
Will any rent be charged?
 Yes
 No
If yes, expected monthly rent: $
Will an additional dwelling unit be included?
 Yes
 No
ADU Type: ADU Size: SF
 ADU
 JADU
Construction Type:
 Detached
 Attached
 Conversion
What is the intended use of the ADU?
Housing for a family member or friend
 Housing for caretaker/employee
 Occasional use by guests
 Rental for extra income
Other:

Number of bedrooms? ______
How many persons will typically occupy the unit?
Will any rent be charged?
 Yes
 No
If yes, expected monthly rent: $ Total number of units: ____ Item #9. Page 62
Meeting Date: 5/14/2024 / Packet Page #: 109

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
Item #9. Page 63
Meeting Date: 5/14/2024 / Packet Page #: 110
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
Meeting Date: 4/23/2024 / Packet Page #: 136
Item #9. Page 64
Meeting Date: 5/14/2024 / Packet Page #: 111
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
Meeting Date: 4/23/2024 / Packet Page #: 137
Item #9. Page 65
Meeting Date: 5/14/2024 / Packet Page #: 112
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
Meeting Date: 4/23/2024 / Packet Page #: 138
Item #9. Page 66
Meeting Date: 5/14/2024 / Packet Page #: 113
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.

Item #6. Page 5
Meeting Date: 4/23/2024 / Packet Page #: 139
Item #9. Page 67
Meeting Date: 5/14/2024 / Packet Page #: 114
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
Meeting Date: 4/23/2024 / Packet Page #: 140
Item #9. Page 68
Meeting Date: 5/14/2024 / Packet Page #: 115

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 #9. Page 69
Meeting Date: 5/14/2024 / Packet Page #: 116
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 #9. Page 70
Meeting Date: 5/14/2024 / Packet Page #: 117

NOTICE OF CONTINUED PUBLIC HEARING

C I T Y C O U N C I L
_____________________________________________
NOTICE IS HEREBY GIVEN that the City Council of the City of Glendora continued the following public hearing at its regular meeting of April 23, 2024 as follows:

Agenda Item # 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)
Said public hearing was continued to Tuesday, May 14, 2024 beginning at 7:00 PM, or as soon thereafter as the matter can be heard, in the City Council Chamber, 116 E. Foothill Boulevard, Glendora.

Dated: April 24, 2024
Kathleen R. Sessman
City Clerk/Communications Director

AFFIDAVIT OF POSTING
State of California
County of Los Angeles ss.

City of Glendora
I Kathleen Sessman, City Clerk/Communications Director do hereby certify, under penalty of perjury under the laws of the state of California that this notice was posted on April 24, 2024 and that foregoing is true and correct. Said notice was posted at the following location(s):

X Website
Library
Police Department
X Other (describe) City Hall Council Chamber

KATHLEEN SESSMAN
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City Clerk/Communications Director
Item #9. Page 72
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PUBLIC NOTICE

SUMMARY OF APPROVED 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 XXXX 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.

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 23 day of April, 2024.

Kathleen R. Sessman, MMC
City Clerk
Published in San Gabriel Valley Examiner: May 2, 2024
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CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
UPDATED JULY 2022
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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 #9. Page 76
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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.

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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.

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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.

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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 #9. Page 80
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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 #9. Page 81
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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 #9. Page 82
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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.

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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 #9. Page 86
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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 #9. Page 90
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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 #9. Page 99
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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 #9. Page 101
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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 #9. Page 102
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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
Item #9. Page 104
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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 #9. Page 105
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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 #9. Page 106
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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 #9. Page 107
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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 #9. Page 108
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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 #9. Page 109
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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 #9. Page 110
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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 #9. Page 111
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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 #9. Page 112
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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 #9. Page 113
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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 #9. Page 115
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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.

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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 #9. Page 120
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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 #9. Page 121
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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.

Item #9. Page 127
Meeting Date: 5/14/2024 / Packet Page #: 174
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.

Item #9. Page 128
Meeting Date: 5/14/2024 / Packet Page #: 175
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 #9. Page 129
Meeting Date: 5/14/2024 / Packet Page #: 176
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
Item #9. Page 130
Meeting Date: 5/14/2024 / Packet Page #: 177
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 #9. Page 131
Meeting Date: 5/14/2024 / Packet Page #: 178
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.

Item #9. Page 132
Meeting Date: 5/14/2024 / Packet Page #: 179
An Ordinance amending the Glendora Municipal Code to bring into compliance with State law and streamline construction of ADU and SB 9 units consistent General Plan Housing Element (File # PLN23-0035)
Community Development
City Council
May 14, 2024
Hans Friedel, AICP, Principal Planner CityOfGlendora.org Item #9. Page 133
Meeting Date: 5/14/2024 / Packet Page #: 180
Request
That the City Council resume the continued Public Hearing and:

1. Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA); and

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

Item #9. Page 134
Meeting Date: 5/14/2024 / Packet Page #: 181
Background
§ The draft ADU/SB 9 ordinance was continued on the first reading from the April 23rd City Council meeting
§ Questions over how the size of a new primary residence on the undeveloped portion of a new lot created through a lot split is regulated – and how the homes fit into an
established neighborhood
Item #9. Page 135
Meeting Date: 5/14/2024 / Packet Page #: 182
Background
§ “Rule of Four”
o Main House, ADU, JADU, and SB 9 primary unit
o Main House, ADU, SB9 primary unit, and SB 9
secondary unit
o Main House, JADU, SB9 primary unit, and SB 9
secondary unit
Item #9. Page 136
Meeting Date: 5/14/2024 / Packet Page #: 183
Definitions
SB 9 Lot Split Example
Item #9. Page 137
Meeting Date: 5/14/2024 / Packet Page #: 184
Original Provision
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.

Item #9. Page 138
Meeting Date: 5/14/2024 / Packet Page #: 185
Option 1
§ Option 1: Remove 1,200 SF reduction from the primary residence § New Primary Residence on a lot split through SB 9 can meet underlying FAR (Usually 0.35)
§ New Text: “Maximum allowable under the underlying zone’s floor area ratio (FAR). For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 3,500 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,750 square feet.” Item #9. Page 139
Meeting Date: 5/14/2024 / Packet Page #: 186
Option 1 Examples
Original Lot
Example in
Square Feet
(SF)
Split Lot (SF) Primary House
and Accessory
Structures on
Split Lot, Max
SF at 0.35 FAR
Secondary
Unit (SF) on
Split Lot
Cumulative
(SF) on Split
Lot
Cumulative
FAR on Split
Lot
4,000 2,000 800 1,200 2,000 1.00
5,000 2,500 875 1,200 2,075 0.83
10,000 5,000 1,750 1,200 2,950 0.59
20,000 10,000 3,500 1,200 4,700 0.47
40,000 20,000 7,000 1,200 8,200 0.41
Item #9. Page 140
Meeting Date: 5/14/2024 / Packet Page #: 187
Option 2
§ Option 2: Retain 1,200 sf reduction but establish a floor of 1,200 sf for primary unit. § New Primary Residence on a lot split through SB 9 can meet underlying FAR (Usually

0.35) subtracting 1,200 sf but shall not be limited to less than 1,200 sf (same as secondary unit or ADU).
§ New Text: “Maximum allowable under the underlying zone’s floor area ratio (FAR) subtracting 1,200 square feet. The application of FAR shall not preclude the construction of a primary dwelling unit of 1,200 square feet. For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 2,300 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,200 square feet.”
Item #9. Page 141
Meeting Date: 5/14/2024 / Packet Page #: 188
Option 2 Examples
Original Lot
Example in
Square Feet
(SF)
Split Lot (SF) Primary House
and Accessory
Structures on
Split Lot, Max
SF at 0.35 FAR
Secondary
Unit (SF) on
Split Lot
Cumulative
(SF) on Split
Lot
Cumulative
FAR on Split
Lot
4,000 2,000 1,200 1,200 2,400 1.20
5,000 2,500 1,200 1,200 2,400 0.96
10,000 5,000 1,200 1,200 2,400 0.48
20,000 10,000 2,300 1,200 3,500 0.35
40,000 20,000 5,800 1,200 7,000 0.35
Item #9. Page 142
Meeting Date: 5/14/2024 / Packet Page #: 189
Graphic Comparison
Option 1 Option 2
Item #9. Page 143
Meeting Date: 5/14/2024 / Packet Page #: 190
Graphic Comparison
Option 1 Option 2
Item #9. Page 144
Meeting Date: 5/14/2024 / Packet Page #: 191
In Practice
Source: Darlene DiBenedetto, Southland Properties, 2023 Item #9. Page 145
Meeting Date: 5/14/2024 / Packet Page #: 192
Source: Google 2023
Item #9. Page 146
Meeting Date: 5/14/2024 / Packet Page #: 193
Item #9. Page 147
Meeting Date: 5/14/2024 / Packet Page #: 194
https://snapadu.com/blog/can-you-build-two-story-adu-san-diego/, 2023 Item #9. Page 148
Meeting Date: 5/14/2024 / Packet Page #: 195
Recommendation
That the City Council resume the continued Public Hearing and:

1. Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA); and

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

Item #9. Page 149
Meeting Date: 5/14/2024 / Packet Page #: 196
Thank You
18 Item #9. Page 150
Meeting Date: 5/14/2024 / Packet Page #: 197

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: FINANCE DISTRICT(S): CITYWIDE
SUBJECT: REVIEW AND AFFIRM DISBURSEMENTS FOR APRIL 2024 IN THE AMOUNT OF $4,497,835.99

RECOMMENDATION
That the City Council:

1. Review and affirm disbursements for April 2024 in the amount of $4,497,835.99.

STRATEGIC FOCUS AREAS
 Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
For April 2024, the City disbursed the following amounts through accounts payable and payroll.

DATE A/P PAYROLL TOTAL
04/05/2024 $1,422,397.52 $677,099.96 $2,099,497.48
04/12/2024 $521,836.18 $521,836.18
04/19/2024 $459,576.62 $694,425.02 $1,154,001.64
04/26/2024 $722,500.69 $722,500.69
Total $3,126,311.01 $1,371,524.98 $4,497,835.99

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to the Glendora Municipal Code Section 2.20.030 Department reports, the Finance Department shall provide a comprehensive report on disbursements, at least on a quarterly basis.

DISCUSSION
Notable disbursements in April include $302,591.82 towards crosswalk enhancement improvements near Washington Elementary School.

For April 2024, the attachments are split into multiple reports due to the City’s continued transition to the new financial system and the new reports will continue to be refined for future months as the City identifies the most complete report available in the new financial system.

FISCAL IMPACT
There is no impact associated with the recommendation of this report.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Item #10. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 198
Staff Report Page 2 of 2
Prepared By George Perez-Sosa, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer 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. Warrant Register – April 2024
Item #10. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 199

CITY OF GLENDORA
CITY COUNCIL MEETING 5/14/2024
WARRANT REGISTER FOR 4/5/2024
GENERAL WARRANT REGISTER - FINANCE + 684,973.55 $
GENERAL WARRANT REGISTER - TYLER 737,423.97 $
PAYROLL EFT 677,099.96 $
TOTAL $ 2,099,497.48
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Warrant Register Notes – Understanding the “Key Org”
Key Org = Fund + Dept
XXXXXXX = XXX + XXXX
First three digits = Fund. The funds are used for this register are listed at the end of each register.

It includes the Fund #, Fund Title and Amount spent for that fund.

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT V8411 10001 04/05/24 2392 AFLAC - GROUP 20096 AFLAC INS GP 04/24 3,084.34 V8412 10001 04/05/24 2392 AFLAC - INDIV 20096 AFLAC INS IP 04/24 2,554.36 V8413 10001 04/05/24 1113 AFSCME DISTRICT COUNCIL 3 20094 AFSCME DUES 1,586.56 V8414 10001 04/05/24 6158 BOA EXPRESS TAX 20091 PAYROLL TAXES 167,721.37 V8415 10001 04/05/24 1110 CA.PUBLIC EMPLOYEES RETIR 20097 PERS HEALTH 04/24 139,659.45 V8415 10001 04/05/24 1110 CA.PUBLIC EMPLOYEES RETIR 42310 PERS HEALTH 04/24 6,323.84 V8415 10001 04/05/24 1110 CA.PUBLIC EMPLOYEES RETIR 20093 PERS RETIREMENT 186,944.30 TOTAL VOUCHER 332,927.59
V8416 10001 04/05/24 8026 FIRE RISK MANAGEMENT SERV 20097 FRMS HEALTH 04/24 80,904.27 V8416 10001 04/05/24 8026 FIRE RISK MANAGEMENT SERV 42310 FRMS HEALTH 04/24 1,489.93 TOTAL VOUCHER 82,394.20
V8417 10001 04/05/24 1112 GLENDORA CITY EMPLOYEE AS 20094 EMPLOYEE SOCIAL GROUP 700.00 V8418 10001 04/05/24 1115 GLENDORA MANAGEMENT ASSOC 20094 GMA DUES 420.00 V8419 10001 04/05/24 1117 GLENDORA POLICE MANAGEMEN 20094 PMA/CLEA LTD DUES 438.00 V8419 10001 04/05/24 1117 GLENDORA POLICE MANAGEMEN 20094 PMA/CLEA LTD DUES 162.00 TOTAL VOUCHER 600.00
V8420 10001 04/05/24 4133 HEALTH EQUITY 20104 HSA WITH HDHP 322.92 V8421 10001 04/05/24 6883 LINCOLN NATIONAL LIFE INS 20099 LIFE/LTD/VOL 04/24 11,807.25 V8421 10001 04/05/24 6883 LINCOLN NATIONAL LIFE INS 20099 VOL AD&D 04/24 630.57 TOTAL VOUCHER 12,437.82
V8422 10001 04/05/24 7369 MIDAMERICA ADMIN&RETIRE S 20097 EXEC MGMT - HRA 500.00 V8423 10001 04/05/24 7369 MIDAMERICA ADMIN&RETIRE S 20093 PART TIME RETIREMENT 4,364.82 V8424 10001 04/05/24 6882 MUNICIPAL DENTAL POOL 20098 DENTAL 04/24 12,815.51 V8425 10001 04/05/24 5012 NATIONWIDE RETIREMENT SOL 20092 457 PLAN 17,713.84 V8425 10001 04/05/24 5012 NATIONWIDE RETIREMENT SOL 20092 457 PLAN 29,074.91 V8425 10001 04/05/24 5012 NATIONWIDE RETIREMENT SOL 20092 457 PLAN 212.50 V8425 10001 04/05/24 5012 NATIONWIDE RETIREMENT SOL 20092 457 PLAN 2,187.35 V8425 10001 04/05/24 5012 NATIONWIDE RETIREMENT SOL 20092 EXEC 401A PLAN 2,916.69 TOTAL VOUCHER 52,105.29
V8426 10001 04/05/24 1116 POLICE ASSOCIATION 20094 POA/ASSOC DUES 2,550.00 V8426 10001 04/05/24 1116 POLICE ASSOCIATION 20094 POA/ASSOC DUES 83.13 TOTAL VOUCHER 2,633.13
V8427 10001 04/05/24 7577 LEGALSHIELD 20106 LEGAL & ID SHLD 03/24 682.00 V8428 10001 04/05/24 1119 STATE DISBURSEMENT UNIT 20095 WAGE GARNISHMENT 582.33 V8429 10001 04/05/24 8120 TRUSTMARK VOLUNTARY BENEF 20096 LONG TERM CARE 1,025.50 V8430 10001 04/05/24 8165 NATIONWIDE 20096 VET PET INSURANCE 89.66 Item #10. Page 4
Meeting Date: 5/14/2024 / Packet Page #: 201
SUNGARD PENTAMATION PAGE NUMBER: 2
DATE: 04/05/2024 CITY OF GLENDORA VENCHK11
TIME: 15:26:31 CHECK AND VOUCHER REGISTER ACCOUNTING PERIOD: 10/24 FUND - 972 - AP DISBURSEMENT FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT V8431 10001 04/05/24 4133 WAGEWORKS, INC. 20103 DEPEND CARE REIMBURSE 776.13 V8431 10001 04/05/24 4133 WAGEWORKS, INC. 20104 FSA MEDICAL REIMBURSE 1,955.38 TOTAL VOUCHER 2,731.51
TOTAL FUND 682,278.91
TOTAL REPORT 682,278.91
Item #10. Page 5
Meeting Date: 5/14/2024 / Packet Page #: 202
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/05/2024 CITY OF GLENDORA VENCHK11
TIME: 15:06:23 CHECK REGISTER ACCOUNTING PERIOD: 10/24
FUND - 972 - AP DISBURSEMENT FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 111659 10001 04/05/24 1835 FRANCHISE TAX BOARD 20095 WAGE GARNISHMENT 50.00 111660 10001 04/05/24 1025 STANDARD INSURANCE COMPAN 20099 VISION 04/24 2,644.64 TOTAL FUND 2,694.64
TOTAL REPORT 2,694.64
Item #10. Page 6
Meeting Date: 5/14/2024 / Packet Page #: 203
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/05/2024 CITY OF GLENDORA VENCHK11
TIME: 15:26:38 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24

FUND FUND TITLE AMOUNT
001 GENERAL FUND 6,323.84
531 WATER OPERATIONS FUND 1,489.93
970 PAYROLL DISBURSEMENT FUND 674,465.14
TOTAL REPORT 682,278.91
Item #10. Page 7
Meeting Date: 5/14/2024 / Packet Page #: 204
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/05/2024 CITY OF GLENDORA VENCHK11
TIME: 15:06:32 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 2,694.64
TOTAL REPORT 2,694.64
Item #10. Page 8
Meeting Date: 5/14/2024 / Packet Page #: 205
Check Number Amount Check Date Payee Check Type
321 $334.43 04/05/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 322 $903.00 04/05/24 DONNA COUPLAND AP ACH
323 $225.99 04/05/24 DOANE AND HARTWIG WATER SYSTEMS, INC. AP ACH 324 $35.28 04/05/24 GLENDORA TROPHY & ENGRAVING AP ACH
325 $21.25 04/05/24 LA VERNE POWER EQUIPMENT INC AP ACH 326 $858.21 04/05/24 RANCHO JANITORIAL SUPPLIES AP ACH
327 $42,405.00 04/05/24 SDI PRESENCE LLC AP ACH
328 $511.55 04/05/24 UNDERGROUND SERVICE ALERT/SC AP ACH 329 $5,075.04 04/05/24 XEROX CORPORATION AP ACH330 $11,420.11 04/05/24 88844MOTOR AP ACH331 $1,400.00 04/05/24 A & P COMPLIANCE TESTING INC AP ACH 332 $302,591.82 04/05/24 ALFARO COMMUNICATIONS CONSTRUCTION AP ACH 333 $727.14 04/05/24 GRAINGER AP ACH334 $3,543.36 04/05/24 JMD AP ACH 335 $1,052.49 04/05/24 RANCHO JANITORIAL SUPPLIES AP ACH 336 $360.00 04/05/24 WEST COAST ARBORISTS, INC. AP ACH
116078 $2,000.00 04/05/24 A & P COMPLIANCE TESTING INC AP Printed 116079 $16,426.53 04/05/24 ACCO ENGINEERED SYSTEMS, INC. AP Printed 116080 $812.00 04/05/24 AKM CONSULTING ENGINEERS AP Printed116081 $388.69 04/05/24 ALTA‐FOODCRAFT INC. AP Printed 116082 $385.00 04/05/24 ANIMAL PEST MANAGEMENT SERVICES AP Printed 116083 $720.00 04/05/24 ATE ROJAS WINDOW CLEANING AP Printed 116084 $1,012.21 04/05/24 BAKER & TAYLOR, INC. AP Printed 116085 $443.85 04/05/24 BIBLIOTHECA LLC AP Printed
116086 $587.71 04/05/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 116087 $288.02 04/05/24 COMMERCIAL DOOR METAL SYSTEMS INC. AP Printed 116088 $1,756.25 04/05/24 TANGLED WEB SOLUTIONS AP Printed 116089 $43.95 04/05/24 DOORKING INC AP Printed
116090 $119.70 04/05/24 FRONTIER AP Printed116091 $500.00 04/05/24 GLENDORA EDUCATION FOUNDATION AP Printed 116092 $810.39 04/05/24 GRAINGER AP Printed
116093 $11,949.12 04/05/24 GRAINGER AP Printed
City of Glendora
Item #10. Page 9
Meeting Date: 5/14/2024 / Packet Page #: 206
116094 $2,363.24 04/05/24 HINDERLITER, DE LLAMAS
& ASSOCIATES AP Printed
116095 $392.22 04/05/24 HOLLIDAY ROCK CO., INC. AP Printed 116096 $1,260.13 04/05/24 HOUSING RIGHTS CENTER AP Printed 116097 $1,250.00 04/05/24 KEENAN
& ASSOCIATES AP Printed
116098 $260.00 04/05/24 KEYSER MARSTON ASSOCIATES, INC. AP Printed 116099 $300.00 04/05/24 LACPCA AP Printed116100 $196.27 04/05/24 LAW OFFICES OF JONES & MAYER AP Printed
116101 $25.00 04/05/24 LACMTA AP Printed116102 $4,261.79 04/05/24 COUNTY OF LOS ANGELES AP Printed 116103 $1,376.12 04/05/24 COUNTY OF LOS ANGELES AP Printed 116104 $3,226.98 04/05/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 116105 $1,500.00 04/05/24 LOUISE ERNESTINE CRISS BREWER AP Printed 116106 $204.25 04/05/24 KIMBALL MIDWEST AP Printed
116107 $125.00 04/05/24 MMASC AP Printed116108 $82.85 04/05/24 O'REILLY AUTO PARTS AP Printed 116109 $428.43 04/05/24 OFFICE DEPOT AP Printed
116110 $188.73 04/05/24 AMERICAN ARRAY SOLAR INC AP Printed 116111 $1,303.01 04/05/24 Megan Kaye AP Printed
116112 $60.00 04/05/24 Dennis J Srack AP Printed
116113 $445.00 04/05/24 Sarah Yuan AP Printed116114 $988.95 04/05/24 P.F. PETTIBONE & CO. AP Printed
116115 $2,002.12 04/05/24 PITNEY BOWES POSTAGE BY PHONE AP Printed 116116 $4,500.00 04/05/24 POSTMASTER ‐ PERMIT 92 AP Printed 116117 $290.49 04/05/24 QUINN RENTAL SERVICES AP Printed 116118 $176.69 04/05/24 REYNOLDS BUICK/PONTIAC/ AP Printed 116119 $944.36 04/05/24 RIGHT OF WAY, INC. AP Printed
116120 $1,591.14 04/05/24 TONY'S AUTO REPAIR AP Printed 116121 $2,337.50 04/05/24 SAN GABRIEL VALLEY EXAMINER AP Printed 116122 $750.00 04/05/24 SAN GABRIEL VALLEY ECONOMIC AP Printed 116123 $282.05 04/05/24 SECTRAN SECURITY, INC. AP Printed 116124 $361.00 04/05/24 SECURITY PUBLIC STORAGE‐ AP Printed116125 $150.00 04/05/24 R&R CUSTOM SIGNS AP Printed 116126 $400.00 04/05/24 PECK ROAD GRAVEL AP Printed116127 $126.12 04/05/24 SOUTHERN CALIFORNIA EDISON AP Printed Item #10. Page 10
Meeting Date: 5/14/2024 / Packet Page #: 207
116128 $224.81 04/05/24 SPARKLETTS AP Printed
116129 $1,059.69 04/05/24 DISCOUNT TIRE/AMERICA'S TIRE AP Printed 116130 $1,553.72 04/05/24 THOMPSON PLUMBING SUPPLY AP Printed 116131 $720.78 04/05/24 THOMPSON PLUMBING SUPPLY AP Printed 116132 $17,860.83 04/05/24 THREE VALLEYS MUNICIPAL WATER AP Printed 116133 $80,027.50 04/05/24 TKE ENGINEERING INC AP Printed 116134 $69,370.40 04/05/24 TRANSPORTATION CONCEPTS AP Printed 116135 $4,079.25 04/05/24 TYLER TECHNOLOGIES INC AP Printed 116136 $96,033.65 04/05/24 U.S. BANK CORPORATE PAYMENT AP Printed 116137 $428.76 04/05/24 UNIFIRST CORPORATION AP Printed116138 $8,400.00 04/05/24 CDL BASIC TRAINING LLC AP Printed 116139 $8,935.42 04/05/24 VERIZON WIRELESS AP Printed
116140 $217.59 04/05/24 VULCAN MATERIALS COMPANY AP Printed 116141 $2,879.56 04/05/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 116142 $1,774.48 04/05/24 WALTERS WHOLESALE ELECTRIC CO AP Printed $737,423.97
Item #10. Page 11
Meeting Date: 5/14/2024 / Packet Page #: 208

CITY OF GLENDORA
CITY COUNCIL MEETING 5/14/2024
WARRANT REGISTER FOR 4/12/2024
GENERAL WARRANT REGISTER - FINANCE + 659.68 $
GENERAL WARRANT REGISTER - TYLER 521,176.50 $

PAYROLL EFT
TOTAL $ 521,836.18
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 111661 10001 04/12/24 8165 NATIONWIDE 20096 PET INSURANCE 107.95 111662 10001 04/12/24 8165 NATIONWIDE 20096 PET INSURANCE 107.95 111663 10001 04/12/24 8165 NATIONWIDE 20096 PET INSURANCE 354.12 111664 10001 04/12/24 8165 NATIONWIDE 20096 PET INSURANCE 89.66 TOTAL FUND 659.68
TOTAL REPORT 659.68
Item #10. Page 13
Meeting Date: 5/14/2024 / Packet Page #: 210
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/11/2024 CITY OF GLENDORA VENCHK11
TIME: 11:01:51 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 659.68
TOTAL REPORT 659.68
Item #10. Page 14
Meeting Date: 5/14/2024 / Packet Page #: 211
Check Number Amount Check Date Payee Check Type
337 $200.00 04/12/24 A & P COMPLIANCE TESTING INC AP ACH 338 $9,909.00 04/12/24 ADOPT A HWY LITTER REMOVAL SVC, LLC AP ACH 339 $11,204.00 04/12/24 ALLSTATES MAILING SERVICES, INC AP ACH 340 $31,814.94 04/12/24 ALTA PLANNING & DESIGN INC AP ACH 341 $145.00 04/12/24 AZTECH ELEVATOR COMPANY AP ACH342 $2,461.67 04/12/24 BRIAN WOOD AUTOMOTIVE, INC. AP ACH 343 $357.47 04/12/24 CDW GOVERNMENT, INC. AP ACH
344 $34,958.54 04/12/24 CDW GOVERNMENT, INC. AP ACH
345 $362.31 04/12/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 346 $332.69 04/12/24 CLEAN SWEEP SUPPLY CO., INC. AP ACH 347 $1,018.00 04/12/24 CLINICAL LAB OF SAN BERNARDINO AP ACH 348 $1,027.65 04/12/24 COLLEY AUTO CARS INC AP ACH
349 $903.00 04/12/24 DONNA COUPLAND AP ACH
350 $11,874.06 04/12/24 CSG CONSULTANTS INC AP ACH351 $1,321.60 04/12/24 DAN LAYNE AP ACH 352 $10.15 04/12/24 DOCU‐TRUST AP ACH
353 $1,570.80 04/12/24 EDWARD ANTHONY GIRON, JR AP ACH
354 $179.71 04/12/24 GLENDORA TROPHY & ENGRAVING AP ACH 355 $2,878.75 04/12/24 H & L CHARTER CO., INC. AP ACH
356 $18,783.75 04/12/24 INLAND VALLEY HUMANE SOCIETY &AP ACH357 $1,200.00 04/12/24 JAMES DE MOND AP ACH 358 $3,500.00 04/12/24 JOE A. GONSALVES & SON AP ACH
359 $20,833.33 04/12/24 LA ‐ C.A.D.A. AP ACH360 $600.00 04/12/24 GWEN LACOMBE AP ACH 361 $3,180.00 04/12/24 LOS ANGELES PARTYWORKS INC AP ACH 362 $1,200.00 04/12/24 MARTIN BARRETT AP ACH363 $1,422.32 04/12/24 MC DONALD ELECTRIC INC AP ACH 364 $26,634.07 04/12/24 MERRIMAC ENERGY GROUP AP ACH
365 $990.00 04/12/24 ENTHALPY ANALYTICAL LLC AP ACH
366 $2,800.00 04/12/24 KIDZ LOVE SOCCER AP ACH
367 $4,883.09 04/12/24 OCEAN BLUE ENVIRONMENTAL SVCS INC AP ACH368 $374.57 04/12/24 OFFICE SOLUTIONS AP ACH City of Glendora
Item #10. Page 15
Meeting Date: 5/14/2024 / Packet Page #: 212
369 $7,427.13 04/12/24 THE SAUCE CREATIVE SERVICES AP ACH 370 $600.00 04/12/24 PATRICIA SORENSEN AP ACH371 $22.80 04/12/24 SPOK INC. AP ACH 372 $900.00 04/12/24 TIMOTHY P. STAAB AP ACH373 $120.13 04/12/24 STITCHMANIA INC AP ACH 374 $600.00 04/12/24 BRIAN SUMMERS AP ACH
375 $1,125.00 04/12/24 UNITED MAINTENANCE SYSTEMS AP ACH 376 $3,252.38 04/12/24 UNITED RENTALS (NORTH AMERICA) AP ACH 377 $28,938.00 04/12/24 WEST COAST ARBORISTS, INC. AP ACH 378 $8,710.87 04/12/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 379 $600.00 04/12/24 WILLIAM TURNLEY AP ACH
116143 $5,016.50 04/12/24 A & P COMPLIANCE TESTING INC AP Printed 116144 $31,811.70 04/12/24 ALESHIRE & WYNDER, LLP AP Printed 116145 $900.00 04/12/24 JOSE M AMARO AP Printed
116146 $394.76 04/12/24 AQUA‐METRIC SALES COMPANY AP Printed 116147 $15,840.00 04/12/24 AVID TRAILS LLC AP Printed
116148 $45,538.72 04/12/24 AZUSA LIGHT & WATER AP Printed 116149 $59.59 04/12/24 BAKER & TAYLOR, INC. AP Printed
116150 $12,494.72 04/12/24 BERT'S MEGA MALL AP Printed
116151 $2,550.00 04/12/24 E.E.I. AP Printed116152 $153.80 04/12/24 CALIFORNIA DEPT OF TAX FEE AP Printed 116153 $300.00 04/12/24 CHRISTOPHER LUBBOCK AP Printed
116154 $5,983.75 04/12/24 COVINA IRRIGATING COMPANY AP Printed 116155 $6,960.59 04/12/24 CRAFTWATER ENGINEERING INC AP Printed 116156 $300.00 04/12/24 DEBORAH WOOD AP Printed
116157 $43.95 04/12/24 DOORKING INC AP Printed
116158 $8,659.00 04/12/24 EPD SOLUTIONS, INC. AP Printed 116159 $101.72 04/12/24 EWING IRRIGATION PRODUCTS, INC. AP Printed 116160 $505.29 04/12/24 FRONTIER AP Printed116161 $500.00 04/12/24 GINO MUNOZ PRODUCTIONS AP Printed 116162 $92.88 04/12/24 HARRINGTON INDUSTRIAL AP Printed 116163 $2,495.99 04/12/24 HINDERLITER, DE LLAMAS & ASSOCIATES AP Printed 116164 $3,950.00 04/12/24 HIGH SPEED PLUMBING, INC. AP Printed 116165 $293.08 04/12/24 HOLLIDAY ROCK CO., INC. AP Printed Item #10. Page 16
Meeting Date: 5/14/2024 / Packet Page #: 213
116166 $6,759.29 04/12/24 INFOSEND, INC. AP Printed
116167 $1,492.98 04/12/24 INLAND EMPIRE STAGES, LTD. AP Printed 116168 $1,250.00 04/12/24 KB ENGINEERING, INC. AP Printed 116169 $34.54 04/12/24 KEYSTONE UNIFORM DEPOT AP Printed 116170 $623.86 04/12/24 COUNTY OF LOS ANGELES AP Printed 116171 $18.74 04/12/24 S
& S TROPHY AND ENGRAVING AP Printed
116172 $184.77 04/12/24 ATHACO, INC AP Printed
116173 $1,200.00 04/12/24 MATTHEW WILLIAMS AP Printed
116174 $68.80 04/12/24 O'REILLY AUTO PARTS AP Printed
116175 $232.57 04/12/24 OFFICE DEPOT AP Printed
116176 $293.25 04/12/24 OFFICE DEPOT AP Printed
116177 $150.00 04/12/24 TROY ADAY AP Printed
116178 $150.00 04/12/24 April Avila AP Printed
116179 $910.00 04/12/24 Azusa Glendora Soroptimist International AP Printed 116180 $4,711.00 04/12/24 Clint Kretschmar AP Printed
116181 $5,663.63 04/12/24 DANIEL BLOMBERG AP Printed116182 $36.50 04/12/24 HANY ABDELKHALIQ AP Printed 116183 $110.00 04/12/24 Jay Officer AP Printed116184 $150.00 04/12/24 Jessica Lynn Salazar AP Printed116185 $150.00 04/12/24 Kelsi MacGregor AP Printed 116186 $3,014.00 04/12/24 MATTHEW AND SARAH MASON AP Printed 116187 $150.00 04/12/24 Max Tauer AP Printed
116188 $110.00 04/12/24 Nicole Kwok AP Printed
116189 $110.00 04/12/24 Vicente Legaspi AP Printed
116190 $24,430.00 04/12/24 ONWARD ENGINEERING AP Printed 116191 $2,237.84 04/12/24 PITNEY BOWES POSTAGE BY PHONE AP Printed 116192 $628.58 04/12/24 QUALITY AUTO SUPPLY, INC. AP Printed 116193 $911.91 04/12/24 QUALITY AUTO SUPPLY, INC. AP Printed 116194 $85.54 04/12/24 RIGHT OF WAY, INC. AP Printed
116195 $2,724.09 04/12/24 RIGHT OF WAY, INC. AP Printed 116196 $802.00 04/12/24 ELSER PLUMBING AP Printed116197 $214.98 04/12/24 TONY'S AUTO REPAIR AP Printed116198 $400.00 04/12/24 SARAH KHWAJA AP Printed116199 $21,431.25 04/12/24 SEDARU, INC. AP Printed Item #10. Page 17
Meeting Date: 5/14/2024 / Packet Page #: 214
116200 $468.56 04/12/24 R&R CUSTOM SIGNS AP Printed
116201 $800.00 04/12/24 PECK ROAD GRAVEL AP Printed116202 $850.00 04/12/24 SOUTH COAST A.Q.M.D. AP Printed116203 $126.13 04/12/24 SOUTHEAST CONSTRUCTION AP Printed116204 $278.60 04/12/24 SOUTHEAST CONSTRUCTION AP Printed116205 $30,762.87 04/12/24 SOUTHERN CALIFORNIA EDISON AP Printed 116206 $1,287.72 04/12/24 SPRAGUES READY MIX AP Printed 116207 $93.99 04/12/24 THOMPSON PLUMBING SUPPLY AP Printed 116208 $2,492.58 04/12/24 THOMPSON PLUMBING SUPPLY AP Printed 116209 $2,502.50 04/12/24 TOP BILLING ENTERTAINMENT AP Printed116210 $1,764.03 04/12/24 TYLER TECHNOLOGIES INC AP Printed 116211 $80.07 04/12/24 UNIFIRST CORPORATION AP Printed116212 $637.13 04/12/24 UNIFIRST CORPORATION AP Printed116213 $104.55 04/12/24 UNITED SITE SERVICES OF CA, INC. AP Printed 116214 $595.35 04/12/24 TAS AP Printed
116215 $84.23 04/12/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 116216 $635.25 04/12/24 Y TIRE PERFORMANCE LLC AP Printed $521,176.50
Item #10. Page 18
Meeting Date: 5/14/2024 / Packet Page #: 215

CITY OF GLENDORA
CITY COUNCIL MEETING 5/14/2024
WARRANT REGISTER FOR 4/19/2024
GENERAL WARRANT REGISTER - FINANCE + 243,252.60 $
GENERAL WARRANT REGISTER - TYLER 216,324.02 $
PAYROLL EFT 694,425.02 $
TOTAL $ 1,154,001.64
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8432 04/19/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,539.20 10001 V8433 04/19/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 0.00 174,256.48 10001 V8434 04/19/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 680.00 10001 V8435 04/19/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 420.00 10001 V8436 04/19/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8436 04/19/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 TOTAL CHECK 0.00 600.00
10001 V8437 04/19/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 322.92 10001 V8438 04/19/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC MGMT-HRA 0.00 500.00 10001 V8439 04/19/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART-TIME RETIREMENT 0.00 4,682.02 10001 V8440 04/19/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 17,713.84 10001 V8440 04/19/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 30,109.47 10001 V8440 04/19/24 5012 NATIONWIDE RETIREMENT SO 970 EXEC 401A PLAN 0.00 2,916.69 10001 V8440 04/19/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 212.50 10001 V8440 04/19/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 2,187.35 TOTAL CHECK 0.00 53,139.85
10001 V8441 04/19/24 1116 POLICE ASSOCIATION 970 PAO/ASSOC DUES 0.00 2,550.00 10001 V8441 04/19/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUES 0.00 83.13 TOTAL CHECK 0.00 2,633.13
10001 V8442 04/19/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARNISHMENT 0.00 582.33 10001 V8443 04/19/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 1,025.50 10001 V8444 04/19/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 776.13 10001 V8444 04/19/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 1,955.38 TOTAL CHECK 0.00 2,731.51
10001 111665 04/19/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT 0.00 50.00 10001 111666 04/19/24 8165 NATIONWIDE 970 PET INSURANCE 04/14 0.00 89.66 TOTAL CASH ACCOUNT 0.00 243,252.60
TOTAL FUND 0.00 243,252.60
TOTAL REPORT 0.00 243,252.60
Item #10. Page 20
Meeting Date: 5/14/2024 / Packet Page #: 217
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/18/2024 CITY OF GLENDORA VENCHK11
TIME: 15:28:09 VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 243,112.94
TOTAL REPORT 243,112.94
Item #10. Page 21
Meeting Date: 5/14/2024 / Packet Page #: 218
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 04/18/2024 CITY OF GLENDORA VENCHK11
TIME: 15:18:37 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 139.66
TOTAL REPORT 139.66
Item #10. Page 22
Meeting Date: 5/14/2024 / Packet Page #: 219
Check Number Amount Check Date Payee Check Type
380 $423.15 04/19/24 CLEAN SWEEP SUPPLY CO., INC. AP ACH 381 $228.25 04/19/24 COLLEY AUTO CARS INC AP ACH
382 $2,831.51 04/19/24 DELL MARKETING L.P. AP ACH
383 $3,400.00 04/19/24 DURHAM SCHOOL SERVICES, L.P. AP ACH 384 $1,221.19 04/19/24 GRAINGER AP ACH385 $4,410.00 04/19/24 JAVIER DJEU TENNIS AP ACH 386 $905.00 04/19/24 JEFF JENKINS SERVICE TECHNICIAN AP ACH 387 $350.00 04/19/24 LAW ENFORCEMENT MEDICAL AP ACH
388 $1,400.50 04/19/24 QUESTCDN AP ACH389 $17,842.35 04/19/24 THREE VALLEYS MUNICIPAL WATER AP ACH 390 $906.80 04/19/24 TRENCH SHORING COMPANY AP ACH391 $493.47 04/19/24 HAAKER EQUIPMENT COMPANY AP ACH 392 $323.25 04/19/24 UNDERGROUND SERVICE ALERT/SC AP ACH 393 $862.00 04/19/24 WAGEWORKS, INC. AP ACH
394 $11,934.00 04/19/24 WEST COAST ARBORISTS, INC. AP ACH 395 $2,145.90 04/19/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 396 $2,275.00 04/19/24 WILLDAN FINANCIAL SERVICES AP ACH 116217 $874.67 04/19/24 ALTA‐FOODCRAFT INC. AP Printed
116218 $9,674.44 04/19/24 AM CONSERVATION GROUP, INC AP Printed 116219 $6,004.48 04/19/24 AQUA‐METRIC SALES COMPANY AP Printed 116220 $2,340.00 04/19/24 BLUEBEAM INC AP Printed
116221 $427.96 04/19/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 116222 $506.00 04/19/24 DONNOE & ASSOCIATES, INC. AP Printed 116223 $800.00 04/19/24 ARROYO BACKGROUND INVESTIGATIONS AP Printed 116224 $1,200.00 04/19/24 FORENSIC NURSE SPECIALISTS INC. AP Printed 116225 $419.08 04/19/24 HILLYARD/LOS ANGELES AP Printed 116226 $2,093.11 04/19/24 HOLLIDAY ROCK CO., INC. AP Printed 116227 $3,500.00 04/19/24 J SQUARED AP Printed
116228 $411.56 04/19/24 KEYSTONE UNIFORM DEPOT AP Printed 116229 $4,625.00 04/19/24 LIEBERT CASSIDY WHITMORE AP Printed 116230 $6,785.93 04/19/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 116231 $12.49 04/19/24 LA COUNTY SHERIFF'S DEPT AP Printed City of Glendora
Item #10. Page 23
Meeting Date: 5/14/2024 / Packet Page #: 220
116232 $88,383.00 04/19/24 MARIPOSA LANDSCAPES, INC. AP Printed 116233 $465.75 04/19/24 CHEMSEARCH AP Printed116234 $101.41 04/19/24 O'REILLY AUTO PARTS AP Printed 116235 $1,054.44 04/19/24 OFFICE DEPOT AP Printed
116236 $17.34 04/19/24 OFFICE DEPOT AP Printed
116237 $50.00 04/19/24 Beverly A. Griffith AP Printed
116238 $50.00 04/19/24 Kelly Beck AP Printed116239 $25.00 04/19/24 Perla Borja AP Printed 116240 $246.38 04/19/24 RIGHT OF WAY, INC. AP Printed
116241 $1,299.85 04/19/24 SAN DIEGO POLICE EQUIPMENT CO INC AP Printed 116242 $1,086.30 04/19/24 SOCALGAS AP Printed116243 $239.99 04/19/24 SOUTHEAST CONSTRUCTION AP Printed 116244 $532.37 04/19/24 SOUTHEAST CONSTRUCTION AP Printed116245 $23,000.53 04/19/24 SOUTHERN CALIFORNIA EDISON AP Printed 116246 $1,974.58 04/19/24 SPRAGUES READY MIX AP Printed 116247 $834.00 04/19/24 STETSON ENGINEERS INC. AP Printed 116248 $932.62 04/19/24 U.S. ARMOR CORPORATION AP Printed 116249 $858.57 04/19/24 UNIFIRST CORPORATION AP Printed116250 $689.51 04/19/24 UNIFIRST CORPORATION AP Printed116251 $323.03 04/19/24 VULCAN MATERIALS COMPANY AP Printed 116252 $397.00 04/19/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 116253 $2,135.26 04/19/24 Y TIRE PERFORMANCE LLC AP Printed $216,324.02
Item #10. Page 24
Meeting Date: 5/14/2024 / Packet Page #: 221

CITY OF GLENDORA
CITY COUNCIL MEETING 5/14/2024
WARRANT REGISTER FOR 4/26/2024
GENERAL WARRANT REGISTER - FINANCE +
GENERAL WARRANT REGISTER - TYLER 722,500.69 $

PAYROLL EFT
TOTAL $ 722,500.69
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

Remaining four digits & subaccounts = Department and division. Below is the list of departments. # Department description # Department description
40xx LEGISLATIVE 60xx PLANNING, CRA, HOUSING
41xx EXECUTIVE 65xx PUBLIC WOKRS
42xx FINANCE 70xx LIBRARY
43xx NON‐DEPARTMENTAL 75xx COMMUNITY SERVICES
51xx PUBLIC SAFETY 99xx CAPITAL PORJECTS
“X” – Provides additional details of the division within the department Item #10. Page 25
Meeting Date: 5/14/2024 / Packet Page #: 222
Check Number Amount Check Date Payee Check Type
397 $1,742.40 04/26/24 88844MOTOR AP ACH398 $10,268.57 04/26/24 AIR‐EX AIR CONDITIONING INC. AP ACH 399 $25,292.40 04/26/24 ALL CITY MANAGEMENT SERVICES INC AP ACH 400 $336.00 04/26/24 AGI ACADEMY AP ACH401 $3,385.00 04/26/24 ANIMAL PEST MANAGEMENT SERVICES AP ACH 402 $18.44 04/26/24 ATHENS SERVICES AP ACH403 $3,804.92 04/26/24 ATHENS SERVICES AP ACH404 $3,600.00 04/26/24 JOHN BUR AP ACH405 $167.62 04/26/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 406 $2,320.00 04/26/24 CLINICAL LAB OF SAN BERNARDINO AP ACH 407 $460.86 04/26/24 COLLEY AUTO CARS INC AP ACH
408 $79.38 04/26/24 COLLEY AUTO CARS INC AP ACH
409 $6,575.52 04/26/24 CORE & MAIN LP AP ACH
410 $2,083.33 04/26/24 GLENDORA CHAMBER OF COMMERCE AP ACH 411 $508.33 04/26/24 USA BLUEBOOK AP ACH
412 $296.91 04/26/24 HOSE‐MAN, INC. AP ACH
413 $135.00 04/26/24 INTELLIGENT FIRE SYSTEMS & SOLUTION AP ACH 414 $20,489.52 04/26/24 INTER‐CON SECURITY SYSTEMS INC. AP ACH 415 $54,727.52 04/26/24 JMD AP ACH416 $2,800.00 04/26/24 KORTERRA INC. AP ACH 417 $241.45 04/26/24 LA VERNE POWER EQUIPMENT INC AP ACH 418 $425.00 04/26/24 MERCURY FENCE CO., INC. AP ACH
419 $1,508.00 04/26/24 MOBILE SCREENING SOLUTIONS INC AP ACH 420 $679.00 04/26/24 NATIONAL TESTING NETWORK, INC. AP ACH 421 $20,776.50 04/26/24 NELSON/NYGAARD CONSULTING AP ACH422 $3,440.37 04/26/24 THE NEW YORK BLOWER COMPANY AP ACH 423 $3,070.81 04/26/24 PERFORMANCE TRUCK REPAIR INC. AP ACH 424 $1,121.25 04/26/24 PLACEWORKS AP ACH425 $416.70 04/26/24 PRESCREEN SOLUTIONS, INC AP ACH 426 $57.33 04/26/24 PRO PRINTING INC. AP ACH
427 $936.00 04/26/24 ELSER PLUMBING AP ACH428 $500.00 04/26/24 SANDRA SUE GEE AP ACH City of Glendora
Item #10. Page 26
Meeting Date: 5/14/2024 / Packet Page #: 223
429 $42,405.00 04/26/24 SDI PRESENCE LLC AP ACH
430 $322.61 04/26/24 STERICYCLE, INC. AP ACH
431 $801.85 04/26/24 THYSSENKRUPP ELEVATOR CORP AP ACH
432 $2,824.00 04/26/24 THYSSENKRUPP ELEVATOR CORP AP ACH433 $414.40 04/26/24 TRENCH SHORING COMPANY AP ACH434 $32,681.00 04/26/24 UNITED MAINTENANCE SYSTEMS AP ACH 435 $805.55 04/26/24 UNDERGROUND SERVICE ALERT/SC AP ACH 436 $1,600.00 04/26/24 WATERWISE CONSULTING INC. AP ACH 437 $23,359.00 04/26/24 WEST COAST ARBORISTS, INC. AP ACH 438 $647.38 04/26/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 439 $250.00 04/26/24 WILLDAN FINANCIAL SERVICES AP ACH
440 $5,075.05 04/26/24 XEROX CORPORATION AP ACH441 $1,352.91 04/26/24 Y TIRE PERFORMANCE LLC AP ACH 116254 $18,210.90 04/26/24 ALESHIRE & WYNDER, LLP AP Printed 116255 $16,861.60 04/26/24 ALL CITY MANAGEMENT SERVICES INC AP Printed 116256 $35.00 04/26/24 ALTA‐FOODCRAFT INC. AP Printed
116257 $7,493.71 04/26/24 AM CONSERVATION GROUP, INC AP Printed 116258 $709.97 04/26/24 AM/PM DOOR INC AP Printed116259 $648.91 04/26/24 AT&T AP Printed116260 $250.00 04/26/24 ATE ROJAS WINDOW CLEANING AP Printed 116261 $8,911.64 04/26/24 BIG BEN ENGINEERING AP Printed 116262 $52,567.36 04/26/24 BUSINESS TELECOMMUNICATION SYSTEMS AP Printed 116263 $82,677.27 04/26/24 CALIF PROFESSIONAL ENGINEERING, INC AP Printed 116264 $1,934.34 04/26/24 CHEMTEK, INC. AP Printed
116265 $132.09 04/26/24 CINTAS CORPORATION AP Printed
116266 $477.94 04/26/24 CONTINUING EDUCATION OF THE AP Printed 116267 $600.00 04/26/24 AMOSBUILT INC. AP Printed
116268 $1,161.00 04/26/24 COSTAR REALTY INFORMATION, INC. AP Printed 116269 $13.00 04/26/24 CULLIGAN OF COVINA AP Printed
116270 $24,229.75 04/26/24 DD SYSTEMS INC AP Printed
116271 $15,416.30 04/26/24 DECALS BY DESIGN, INC. AP Printed 116272 $1,437.51 04/26/24 SOUTHWEST HYDROTECH AP Printed 116273 $1,900.00 04/26/24 TANGLED WEB SOLUTIONS AP Printed 116274 $4,000.00 04/26/24 ECOTECH SERVICES, INC. AP Printed Item #10. Page 27
Meeting Date: 5/14/2024 / Packet Page #: 224
116275 $176.40 04/26/24 EDMARK GRAPHICS INC. AP Printed 116276 $1,650.00 04/26/24 ARROYO BACKGROUND INVESTIGATIONS AP Printed 116277 $1,780.80 04/26/24 ESPERANZA FLORES DANCE GROUP AP Printed116278 $133.78 04/26/24 FRONTIER AP Printed116279 $103.74 04/26/24 NAPA AUTO PARTS AP Printed116280 $695.05 04/26/24 GEORGE'S GRAPHICS AP Printed 116281 $63,104.70 04/26/24 GRIGOLLA
& SONS CONSTRUCTION CO.INC AP Printed
116282 $405.79 04/26/24 HOLLIDAY ROCK CO., INC. AP Printed 116283 $16,001.25 04/26/24 JPW COMMUNICATIONS, INC AP Printed 116284 $2,641.59 04/26/24 KEYSTONE UNIFORM DEPOT AP Printed 116285 $12.22 04/26/24 LANGUAGE LINE SERVICES INC. AP Printed 116286 $1,510.00 04/26/24 LINKTURE CORP AP Printed
116287 $75.00 04/26/24 LOS ANGELES COUNTY CLERK AP Printed 116288 $2,450.00 04/26/24 EMERGENCY RESPONSE CRIME AP Printed 116289 $2,243.00 04/26/24 OCCU‐MED, LTD AP Printed
116290 $127.00 04/26/24 CONCENTRA MEDICAL CENTERS AP Printed 116291 $416.82 04/26/24 OFFICE DEPOT AP Printed
116292 $478.95 04/26/24 OFFICE DEPOT AP Printed
116293 $74.23 04/26/24 AARON PEREZ AP Printed116294 $61.61 04/26/24 BRYAN LEAMING AP Printed 116295 $50.00 04/26/24 Building Electronic Controls Inc. AP Printed 116296 $400.00 04/26/24 Caliber Collision Centers AP Printed 116297 $104.94 04/26/24 CASSIE IZAGUIRRE AP Printed
116298 $127.10 04/26/24 CATHY
& CORY DICKEY AP Printed
116299 $115.97 04/26/24 CORNERSTONE PROPERTY MANAGEMENT AP Printed116300 $148.92 04/26/24 DAVID L MITTS AP Printed116301 $19.60 04/26/24 DAVID L MITTS AP Printed 116302 $735.00 04/26/24 Davita Dialysis AP Printed
116303 $110.48 04/26/24 DERONG HU AP Printed116304 $150.00 04/26/24 Donald Kramer AP Printed 116305 $243.87 04/26/24 Esther Lin Church AP Printed
116306 $102.61 04/26/24 GRADY CONSTRUCTION AP Printed116307 $150.00 04/26/24 Jackie King Mak AP Printed 116308 $165.00 04/26/24 Jennifer Okayasu AP Printed
Item #10. Page 28
Meeting Date: 5/14/2024 / Packet Page #: 225
116309 $84.00 04/26/24 JONATHAN STARR AP Printed
116310 $143.60 04/26/24 KATHRINE
M MACKAY AP Printed
116311 $300.00 04/26/24 Maria Lopez AP Printed116312 $85.00 04/26/24 Moses Wilson AP Printed116313 $164.47 04/26/24 PATRICIA COUCH AP Printed 116314 $300.00 04/26/24 Patricia Tachias AP Printed
116315 $137.61 04/26/24 REBECCA BISHOP AP Printed116316 $25.00 04/26/24 Remedios Campbell AP Printed 116317 $300.00 04/26/24 Ryan Novero AP Printed116318 $56.35 04/26/24 SANDRA VERNA AP Printed 116319 $175.00 04/26/24 Sanyo Sushi AP Printed
116320 $50.00 04/26/24 Seiza Sorial AP Printed
116321 $55.33 04/26/24 TOMMY LEYVA AP Printed
116322 $80.94 04/26/24 TONI MARTINEZ AP Printed
116323 $41.30 04/26/24 TRACY LEE AP Printed
116324 $152.48 04/26/24 TUAN
& ARIANNA LE AP Printed
116325 $146.40 04/26/24 PITNEY BOWES INC AP Printed
116326 $4,240.53 04/26/24 QUINN RENTAL SERVICES AP Printed 116327 $681.17 04/26/24 GRAFIX SYSTEMS AP Printed
116328 $89.00 04/26/24 RIO HONDO COLLEGE AP Printed
116329 $1,568.42 04/26/24 TONY'S AUTO REPAIR AP Printed 116330 $579.00 04/26/24 SAN BERNARDINO COUNTY SHERIFF'S AP Printed 116331 $1,991.00 04/26/24 SAN GABRIEL VALLEY EXAMINER AP Printed 116332 $361.00 04/26/24 SECURITY PUBLIC STORAGE‐ AP Printed 116333 $295.00 04/26/24 SO CAL JUNGLE REPTILE PARTIES AP Printed 116334 $2,369.56 04/26/24 SOCALGAS AP Printed116335 $177.72 04/26/24 SOUTHEAST CONSTRUCTION AP Printed116336 $102.05 04/26/24 SOUTHEAST CONSTRUCTION AP Printed116337 $63,183.32 04/26/24 SOUTHERN CALIFORNIA EDISON AP Printed 116338 $4,425.00 04/26/24 SOUTHERN CALIFORNIA EDISON AP Printed 116339 $400.18 04/26/24 SPARKLETTS AP Printed
116340 $163.41 04/26/24 SUBURBAN WATER SYSTEMS AP Printed 116341 $108.20 04/26/24 TRANSUNION RISK
& ALTERNATIVE AP Printed
116342 $2,465.00 04/26/24 TUCKER TOURS, LLC AP Printed
Item #10. Page 29
Meeting Date: 5/14/2024 / Packet Page #: 226
116343 $374.81 04/26/24 UNIFIRST CORPORATION AP Printed 116344 $429.89 04/26/24 UNIFIRST CORPORATION AP Printed116345 $1,970.80 04/26/24 VERIZON BUSINESS AP Printed 116346 $9,185.05 04/26/24 VERIZON WIRELESS AP Printed
116347 $73.87 04/26/24 TAS AP Printed116348 $219.68 04/26/24 VULCAN MATERIALS COMPANY AP Printed 116349 $2,054.87 04/26/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 116350 $958.09 04/26/24 WEST COAST TURF AP Printed
116351 $500.00 04/26/24 YWCA OF SAN GABRIEL VALLEY AP Printed $722,500.69
Item #10. Page 30
Meeting Date: 5/14/2024 / Packet Page #: 227

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 1, 2
SUBJECT: ACCEPT AND APPROVE THE NOTICE OF COMPLETION OF THE CROSSWALK ENHANCEMENTS NEAR WASHINGTON ELEMENTARY SCHOOL PROJECT - PLAN NO. 1383 BY ALFARO COMMUNICATIONS CONSTRUCTION, INC.

RECOMMENDATION
That the City Council:

1. Accept and Approve the Notice of Completion of the Crosswalk Enhancements Near Washington Elementary School Project – Plan No. 1383 by Alfaro Communications Construction, Inc.; and

2. Authorize the Mayor to sign the Notice of Completion for recordation.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
City Council awarded the contract for Crosswalk Enhancements Near Washington Elementary School Project – Plan No. 1383 Contract to Alfaro Communication Construction, Inc on December 12, 2023, in the amount of $300,308.51, plus a 10% contingency in the amount of $30,030.85 for a total amount of $330,339.36. The project has been completed with a total construction cost of $318,517.71.

The Project was funded by Measure R and Measure M, with a project budget of $392,245. The total project cost, including design, construction, and construction management, was $336,148, with the project being completed $56,097 under budget.

Staff recommends the City Council accept the project as complete and authorize the Mayor to sign and record the Notice of Completion.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On December 12, 2023, the City Council awarded the original construction contract for crosswalk enhancement improvements to Alfaro Communications Construction, Inc. in the amount of $300,308.51.

DISCUSSION
The Project was funded with the Adopted FY 2023-2025 Two-Year Budget using Measure R Funds in the amount of $375,000 and subsequently with FY2023-24 available budget from other project savings in Measure M Funds in the amount of $17,245 for a total project budget of $392,245. Both Measure R and Measure M Funds are county sales taxes used for transportation related improvement projects.

The project involved crosswalk improvements located at Gladstone Street and Nearglen Avenue. The scope of this project consisted of installation of signing and striping including enhanced crosswalk markings, signage, in-roadway pavement flashers, rectangular rapid flashing beacons (solar powered), construction of median refuge island, curb extensions, sidewalk, pavement reconstruction along with demolition and traffic controls. Work began in mid-February and was completed on March 21, 2024.

Item #11. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 228
Staff Report Page 2 of 2

FISCAL IMPACT
The City Council awarded the original construction contract to Alfaro Communications Construction, Inc. in the amount of $300,308.51. In addition, a 10% contingency of $30,030.85 was approved by City Council.

There were change orders totaling approximately 6.06% of the construction contract amount, therefore the total cost for the project was $318,517.71. The project budget and expenses are detailed below.

Funding Source Account No. Description Amount
Measure R (Fund 233) 23300990.70000
Crosswalk Enhancements Near Washington
Elementary School Project – Plan No. 1383 $375,000
Measure M (Fund 234) 23400990.70000
Crosswalk Enhancements Near Washington
Elementary School Project – Plan No. 1383 $17,245
Total Project Funding $392,245
Expenditure Amount
Notice of Bid Publication $385
Design Plans – JMDiaz, Inc. $17,245
Total Construction Cost – Alfaro Communications Construction $318,518 Total Project Cost $336,148
Remaining Budget $56,097

ENVIRONMENTAL DETERMINATION
On December 12, 2023, the City Council adopted a categorical exemption pursuant to Section 15301(c) of the CEQA Guidelines.

Prepared By Vanessa Nalbandian, Management Analyst
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 Completion
Item #11. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 229
Rev. 08/2018
RECORDING REQUESTED BY:

CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:

CITY CLERK

CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or AGENT of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The full name of the OWNER is: CITY OF GLENDORA

3. The full address of the OWNER is: 116 E. Foothill Boulevard, Glendora, CA 91786

4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest

5. A work of improvement on the property hereinafter described was COMPLETED on March 21, 2024

6. The work of improvement completed is described as follows:

Crosswalk Enhancement Improvements Near Washington Elementary School, Plan No. 1383

7. The name of the original contractor, if any, for such work of improvement is: Alfaro Communications Construction, Inc.

8. The street address of said property is: Gladstone Street and Nearglen Avenue

9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:

The scope of this project consisted of installation of signing and striping including enhanced crosswalk markings, signage, in-roadway pavement flashers, rectangular rapid flashing beacons (solar powered), construction of median refuge island, curb extensions, sidewalk, pavement reconstruction along with demolition and traffic controls.

May 14, 2024

CITY OF GLENDORA
(Date) Signature of Owner or agent: MENDELL THOMPSON, Mayor

VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the Mayor of the City of Glendora of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

May 14, 2024 at Glendora, California

MENDELL THOMPSON
Item #11. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 230

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: ASSEMBLY BILL 481 ANNUAL MILITARY EQUIPMENT REPORTING

RECOMMENDATION
That the City Council:

1. Receive and file report.

STRATEGIC FOCUS AREAS
 Not Applicable

EXECUTIVE SUMMARY
Pursuant to Assembly Bill 481 and Government Code §7072, the Glendora Police Department is required to provide the City Council an annual update as to the military equipment purchased and/or used for the preceding calendar year. In addition, any upcoming purchases of military equipment must be made public, along with the funding source for those purchases. The law requires the Military Equipment Use Policy and annual use report be publicly posted on the law enforcement agency website and a public meeting be held within 30 days to allow for public comment relating to the purchase, use, maintenance cost, and complaints generated as a result of the use of military equipment.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On September 30, 2021, Governor Newsom signed Assembly Bill 481 into law. Effective January 1, 2022, all California law enforcement agencies were required to, on a yearly basis, make publicly available information about what types of military equipment was possessed by that respective law enforcement agency. On May 11, 2022, the Glendora City Council enacted Urgency Ordinance 2068, which adopted the Glendora Police Military Equipment Policy and Inventory List, which complied with the requirements of Assembly Bill 481.

DISCUSSION
With the passage of Assembly Bill 481 on September 30, 2021, the purchase, use and funding of certain military equipment was made accessible to the public so that meaningful public input could be sought relative to the purchase, use and funding of that equipment. The Glendora Police Department’s Military Equipment Policy, as adopted by Urgency Ordinance #2068, complies with Assembly Bill 481 and the provisions of Government Code §7070 as follows:
• The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. • The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. • If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to any available alternative that can achieve the same objective of officer and civilian safety.
• Military Equipment obtained prior to the introduction of the law met the policy that was in effect at the time. If prior uses do not comply with the accompanying Military Equipment Use Policy, corrective action will be taken to remedy nonconforming use and ensure future compliance.

Item #12. Page 1
Meeting Date: 5/14/2024 / Packet Page #: 231
Staff Report Page 2 of 3
In accordance with the requirements of Assembly Bill 481, and Government Code §7072, are the following legislative requirements which must be made publicly available:

1. How the military equipment was used and the purpose for its use.

2. A summary of complaints received as a result of the use of military equipment possessed by the law enforcement agency.

3. The results of any internal audits relating to military equipment, including any information about violations of the military equipment use policy and actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity of each type of military equipment possessed.

6. Any intention to acquire additional military equipment in the upcoming calendar year and the type of equipment sought.

All of the Military Equipment used in the prior year was used by specially equipped and trained members of the Glendora Police Department and was used during 26 different police trainings. In addition, military equipment described in Glendora Police Department Policy 706 was used on twenty (20) occasions during calendar year 2023 to bring high risk incidents to a successful and peaceful resolution.

There are three different avenues for community members to submit complaints related to the use of military equipment:

1. Via email: https://www.cityofglendora.org/residents/department-directory

2. In writing: Military Equipment Use Coordinator, 150 S. Glendora Avenue, Glendora, CA 91741

3. By telephone: 626-914-8250.

There were no complaints submitted for calendar year 2023.

An internal audit was conducted in accordance with established policy and no violations of policy were found to have occurred.

The total annual costs for acquisition and maintenance and other ongoing costs of the Department’s existing military equipment are listed in the attached Military Equipment Policy. The funding source for the military equipment is obtained from the General Fund and from Citizen’s Options for Public Safety (COPS) funds.

The quantity of each piece of military equipment possessed by the Glendora Police Department is described in the attached Military Equipment Policy.

It is anticipated that additional ammunition for specified rifles, designated as military equipment, as well as chemical agents, will be purchased during the 2024 calendar year. The purchase of ammunition is an ongoing cost associated with training. In addition, a Sentinel Armored Rescue Vehicle was purchased during the 2023 calendar year. This vehicle replaced the aging light armored Peacekeeper that has been used by the Glendora Police Department since its acquisition in 1999. The cost of this vehicle was $330,000 and was paid for with the use of COPS funds and approved by Council on May 10, 2022.

The Military Equipment Policy is publicly available on the website. The associated documents in support of the agenda items were publicly posted on May 10, 2024, in anticipation of the Council meeting on May 14, 2024.

FISCAL IMPACT
The fiscal impact of acquiring and maintaining the military equipment possessed by the Glendora Police Department is already included in the annual operating budget. The cost of maintenance and acquisition of replacement equipment amounts to approximately $20,000 per year.

Item #12. Page 2
Meeting Date: 5/14/2024 / Packet Page #: 232
Staff Report Page 3 of 3

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.

Prepared By Matthew P Egan, Chief of Police
Concurs With Not Applicable
Reviewed By Matthew P Egan, Chief of Police
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. AB 481 Military Equipment and Inventory Policy 706
B. AB 481 Bill Text
C. IAG Contract
D. Government Code §7072
E. Urgency Ordinance #2068
F. PowerPoint
Item #12. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 233
Policy
706
Glendora Police Department
Glendora PD Policy Manual
Copyright Lexipol, LLC 2024/03/15, All Rights Reserved.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – Glendora City Council
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code§ 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or Oleoresin Capsicum, excluding standard, serviceissued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
• "Military equipment" does not include general equipment that is not designated as prohibited or controlled by the Federal Defense Logistics Agency (DLA).

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Glendora Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Captain or authorized designee will act as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a) To act as a liaison to the City Council for matters related to the requirements of this policy.
(b) To identify department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) To conduct an inventory of all military equipment annually. (d) To collaborate with allied agencies that may use military equipment within the jurisdiction of Glendora Police Department (Government Code § 7071). (e) To prepare, schedule, and coordinate an annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) To prepare an annual Military Equipment Report for submission to the Chief of Police and City Council and to ensure the report is made available on the department website (Government Code § 7072).
(g) To establish a procedure for a community member to submit complaints, concerns or questions about the use of military equipment, and the Department's response to those concerns(See Section 706.6).
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
706.4.1 RECON SCOUT
Unmanned machine operating on the ground utilized to enhance the safety of the community and officers.

A. Description, quantity, capabilities, and purchase cost:

1. Description: Unmanned machine is operated on the ground and is designed to provide audio and visual information while searching an area, typically inside a building, before entry is made by officers.

2. Quantity: One (1)

3. Capabilities: This machine operates on two wheels and is controlled remotely by an operator who receives a live audio/video feed from the robot.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 3

4. Cost: The Recon Scout was purchased in 2014 for $14,100 B. Purpose: The Recon Scout is used to provide tactical operators information about the structure, layout, and potential hazards of an area that has yet to be searched for subjects or suspects.

C. Authorized Use: The Recon Scout may be used by operators during a tactical situation if it is determined that the use of this equipment might increase the safety to law enforcement personnel, any subjects or suspects encountered, or the community.

D. Expected Lifespan: Approximately 10-15 years, depending on the availability of replacement parts and/or maintenance.

E. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $200.

F. Training: All Recon Scout operators will undergo training, provided by the S.W.A.T. team, and must demonstrate proficiency prior to using this equipment.

G. Legal and Procedural Rules: The Recon Scout will only be deployed for official law enforcement purposes. Any deployment will comply with applicable State and Federal laws.
706.4.2 40 MM SINGLE LAUNCHER
Department members utilize 40 MM launchers as a less lethal tool to launch impact rounds or chemical munitions as necessary and appropriate.

A. Description, quantity, capabilities, and purchase cost:

1. Description: 40 MM launchers are used by department members as a less lethal tool to launch direct impact munitions as well as chemical munitions. The 40 MM single launcher weighs approximately 3.5 lbs., and has a 14" barrel.

2. Quantity: One (1)

3. Capabilities: The Defense Technology 40 MM single launcher is designed to launch direct fired less lethal impact munitions, and/or chemical munitions.

4. Cost: The Defense Technology single launcher was purchased circa 2003 at a cost of approximately $1500.

B. Purpose: The Defense Technology 40 MM single launcher is used to launch less lethal impact munitions as a force option. It is also designed to launch chemical munitions as a force option.

C. Authorized Use: Only members who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span: 25 years.

E. Fiscal Impact: Annual maintenance is estimated to be less than $50.

F. Training: All members who deploy the 40 MM single launcher shall complete a twohour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 4 G. Legal and Procedural Rules: The 40 MM single launcher will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.
706.4.3 40 MM MULTI LAUNCHER
Department personnel utilize 40 MM launchers as a less lethal tool to launch impact rounds and/ or chemical munitions.

A. Description, quantity, capabilities, and purchase cost:

1. Description: 40 MM launchers are used by department members as a less lethal tool to launch direct impact munitions as well as chemical munitions. The 40 MM multi launcher's model number is PGL65-40.

2. Quantity: One (1)

3. Capabilities: The 40 MM multi launcher is a pump-action magazine drum launcher with a six-shot capacity with a rifled barrel.

4. Cost: The Penn Arms 40 MM multi launcher was purchased circa 2008 at a cost of approximately $3500.

B. Purpose: The Penn Arms 40 MM multi launcher is used to launch less lethal impact munitions as a force option. It is also designed to launch chemical munitions as a force option.

C. Authorized Use: Only members who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span: 25 years.

E. Fiscal Impact: Annual maintenance is estimated to be less than $50.

F. Training: All members who deploy the 40 MM multi launcher shall complete a twohour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

G. Legal and Procedural Rules: The 40 MM multi launcher will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.
706.4.4 40 MM MUNITIONS
A. Descriptions, quantities, capabilities, purchase costs, and purposes:

1. Description: Defense Technology 40 MM eXact iMpact Sponge Round.

2. Quantity: 22

3. Capabilities: The 40 MM eXact iMpact round is intended to be a direct fired munition fired with a minimum safe range of five feet and a maximum effective range of 131 feet, with a velocity of 345 feet per second.

4. Cost: $28.65 each
Item #12. Page 7
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5. Purpose: The Defense Technology eXact iMpact round is intended to be used as an extended range impact weapon.

6. Description: 40 MM CS (Chlorobenzylidenemalononitrile) Ferret round

7. Quantity: 10

8. Capabilities: The 40 MM ferret round is intended to allow for the deployment of powder CS within an effective range of 54 yards. This is a non-burning round, suitable for indoor use. It is designed to penetrate barriers such as windows, hollow core doors, wallboards, and thin plywood. Upon impacting the barrier, the nose cone ruptures and delivers 2.3 grams of CS.

9. Cost: $27.85 each

10. Purpose: The 40 MM CS Ferret is intended to dislodge barricaded individuals. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

11. Description: 40 MM Spede-Heat Short Range CS
(Cholorbenzylidenemalononitrile)

12. Quantity: 5

13. Capabilities: The 40 MM short range, Spede-Heat is intended to allow for the deployment of CS in an outdoor environment by the use of a 40 MM single or 40 MM multi-launcher. It delivers 25.2 grams of CS and has fire producing capability.

14. Cost: $22.10 each

15. Purpose: The 40 MM Spede-Heat Short Range CS round is primarily used as a crowd control management tool by law enforcement and corrections and allows for the rapid deployment of chemical agents using a 40 MM launcher.

B. Authorized Use: Only members who have completed an approved training are permitted to deploy these munitions.

C. Expected Life Span: Until used, though not longer than five years from the date of manufacture.

D. Fiscal Impact: None
E. Training: All members who use 40 MM munitions shall complete a two-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

F. Legal and Procedural Rules: 40 MM munitions will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Policy 300 and applicable laws.
706.4.5 CHEMICAL AGENT CANISTERS
A. Descriptions, quantities, capabilities, purchase costs, and purposes:

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 6

1. Description: Defense Technology Spede-Heat Pyrotechnic Canister CS (Chlorobenzylidenemalononitrile)

2. Quantity: 10

3. Capabilities: The Spede-Heat canister is a continuous discharge pyrotechnic chemical agent grenade that contains 81.2 grams of CS and has a discharge time between 20-40 seconds.

4. Cost: $33.00 each

5. Purpose: The Spede-Heat canister is designed primarily for crowd control purposes and, when not used with a shielding device, such as a "Burn Safe," it is intended for outdoor use.

6. Description: Defense Technology Pocket Tactical CS
(Chlorobenzylidenemalononitrile) Cannister

7. Quantity: 3

8. Capabilities: The Pocket Tactical canister is a continuous discharge pyrotechnic chemical agent grenade that contains 25.2 grams of CS and has a discharge time between 20-40 seconds.

9. Cost: $28.00 each

10. Purpose: The Pocket Tactical canister is designed for use by a tactical team for distraction, concealment, rescue, or signaling. The Pocket Tactical can be used in conjunction with smoke canisters to "piggyback" chemical agent into a predominately smoke environment. Unless used in conjunction with a shielding agent, such as a "Burn Safe" the Pocket Tactical is designed for outdoor use.

B. Authorized Use: Only members who have completed an approved training are permitted to deploy this equipment.

C. Expected Life Span: Until used, though not longer than five years from the date of manufacture.

D. Fiscal Impact: None
E. All members who use chemical agent canisters shall complete a two-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

F. Legal and Procedural Rules: Chemical agent canisters will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.
706.4.6 DISTRACTION DEVICES
Descriptions, quantities, capabilities, purchase costs, purposes, and expected life spans:

A. Defense Technology Low Roll Distraction Device - Re-loadable Body and Charge:

1. Description: A distraction device is used to distract a dangerous suspect during high-risk situations, including, but not limited to hostage rescues, search warrant Item #12. Page 9
Meeting Date: 5/14/2024 / Packet Page #: 239
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Glendora PD Policy Manual
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Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 7 service or other high-risk activities where the risk can be mitigated by the use of a distraction device. The distraction device is composed of a re-loadable body and a charge. The body can be used a maximum of 25 times, the charge is a single-use item.

2. Quantity: 15

3. Capabilities: The Defense Technology Low Roll Distraction Device is a multiuse, re-loadable, non-bursting, non-fragmenting device that provides a brilliant light and loud sound.

4. Cost: $100 each

5. Purpose: The Defense Technology Low Roll distraction Device is used to distract a dangerous suspect during high-risk situations, including but not limited to, hostage rescues, the service of a high-risk search warrant or other high-risk activities where it is necessary to distract/disorient an individual.

6. Expected Life Span: The re-loadable body can be used 25 times before it is discarded. Lifespan depends on frequency of use.

B. Defense Technology Low Roll Distraction Device 12 Gram Reload:

1. Description: Defense Technology Low Roll Distraction Device 12 Gram Reload. the reload for this device is designed to be inserted into the distraction device body and is a single-use item.

2. Quantity: 24

3. Capabilities: The Defense Technology Low Roll Distraction Device 12 Gram Reload is designed to be used in conjunction with the Low Roll Distraction Device Body and will produce a brilliant light and loud sound and is used to distract, or momentarily disorient potentially dangerous suspects.

4. Cost: $36.75 each

5. Purpose: The Defense Technology Low Roll Distraction Device 12 Gram Reload is used to distract a dangerous suspect during high-risk situations, including but not limited to, hostage rescues, the service of a high-risk search warrant or other high-risk activities where it is necessary to distract/disorient an individual.

6. Expected Life Span: This is a single use item.

C. Authorized Use: Only members who have completed an approved training are permitted to deploy this equipment.

D. Fiscal Impact: None
E. Training: All members who use these distraction devices shall complete a 2-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

F. Legal and Procedural Rules: These distraction devices will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 8 706.4.7 RIFLES
A. Description, Quantity. Capabilities, and Purchase Cost:

1. Description: Colt M4 .223 caliber carbine, capable of automatic and semiautomatic fire, or semi-automatic only. Firearm that is fired from the shoulder, having a long spiral grooved barrel to make projectiles spin, thereby being more accurate over a greater distance.

2. Quantity: 49

3. Capabilities: To provide precision fire to a threat at greater accuracy and greater distances than that of a handgun.

4. Cost: $750

5. Description: Speer Gold Dot LE .223 caliber 55 grain soft tip ammunition. Ammunition specifically designed to be used with the Colt M4 .223 caliber rifle.

6. Quantity: 15,000 rounds

7. Cost: $289 for 500 rounds
B. Purpose: The purpose of the Colt M4 carbine is to provide accurate shot placement against a threat over a long distance. It is also for use against individuals who are wearing ballistic body armor.

C. Authorized Use: Only members who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span: 10-15 years, depending on severity of use.

E. Fiscal Impact: Annual maintenance cost is estimated at $50 per rifle.

F. Training: All members who deploy the Colt M4 carbine will attend and pass a POST Certified Training Course, taught by a POST Certified Rifle Instructor. The training includes a written and a practical application test. In addition, members who operate the rifle must qualify annually.

G. Legal and Procedural Rules: The Colt M4 .223 caliber carbine shall only be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws. The deployment of the rifle shall also be in compliance with Glendora Police Department Policy 416.6. 706.4.8 MOBILE COMMAND POST VEHICLE
A. Description, quantity, capabilities, and purchase cost:

1. Description: Freightliner Chassis (custom built) vehicle.

2. Quantity: One (1)

3. Capabilities: The Mobile Command Post can be utilized for Foothills Special Enforcement Team (F.S.E.T.) operations and other critical incidents, preplanned large events, DUI checkpoints, natural disasters, and community events.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 9

4. Purchase cost: Approximately $150,000, funded by a California Office of Traffic Safety (O.T.S.) Grant.

B. Purpose: To be used based on the specific circumstances of a given F.S.E.T. operation, critical incident, large event, DUI checkpoint, natural disaster, or community event that is taking place.

C. Authorized Use: The Mobile Command Post shall be used by members trained in its use.

D. Expected Lifespan: Twenty-year lifespan on chassis and vehicle structure. Upgrades as needed to ensure updated and properly maintained IT systems.

E. Fiscal Impact: Annual maintenance is approximately $5,000 F. Training: The driver/operator shall receive training in the safe handling of the vehicle.

A Class C California Driver License is required to drive the vehicle. Driver/operators will also receive training in the proper set-up and break down of the Mobile Command Post when deployed for events and operations.

G. Legal and Procedural Rules: The Mobile Command Post vehicle shall only be used for official law enforcement purposes. The driver/operator shall be in compliance with Glendora Police Department Policy 704.
706.4.9 ARMORED PERSONNEL CARRIER
A. Description, quantity, capabilities, and purchase cost:

1. Description: Peacekeeper, built on a 1973 Dodge chassis.

2. Quantity: One (1)

3. Capabilities: Designed to provide ballistic protection (to withstand multiple bullet strikes from small arms fire as well as low level explosions).

4. Cost: Obtained through the Law Enforcement Support Program (LESP, formerly the 1033 Program) in 1999.

B. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, or for display at a community event.

C. Authorized Use: The use of armored vehicles shall only be authorized by a Watch Commander based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by members trained in its use.

D. Expected Lifespan: Twenty-five (25) years.

E. Fiscal Impact: Annual maintenance is estimated between $0 and $1000.

F. Training: The driver/operator shall receive training in the safe handling of the vehicle. A Class C California Driver License is required to drive the vehicle.

G. Legal and Procedural Rules: The Peacekeeper shall only be used for official law enforcement purposes. The driver/operator shall be in compliance with Glendora Police Department Policy 704.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 10 706.4.10 ARMORED RESCUE VEHICLE
A. Description, quantity, capabilities, and purchase cost:

1. Description: IAG Sentinel ARV, built on a 2022 Ford F550 chassis

2. Quantity: One (1)

3. Capabilities: Armor rated up to.50 caliber rounds. Entire cabin and undercarriage is blast resistant. Off-road, heavy-duty adaptive suspension ensuring excellent handling both on and off road. Additional ground clearance: critical in disaster relief scenarios, or rugged environments where other vehicles cannot pass.

4. Cost; $340,000. Obtained through COPS funds (Citizens Options for Public Safety). COPS was created in 1996 via California State Legislation AB3229.

These funds are distributed through the California Supplemental Law Enforcement Services Fund (SLESF). SLESF funds are grant funds and the enabling legislation mandates each municipality will receive funds annually to be spent on "front-line law enforcement services."
B. Purpose: The Sentinel is a four-door, four-wheel drive armored rescue vehicle that is purpose built for critical incidents and rescue scenarios.

C. Authorized Use: The use of armored vehicles is based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by members trained in its use.

D. Expected Lifespan: Twenty-five (25) years
E. Fiscal Impact: Annual maintenance is estimated between $500 - $5000.

F. Training: THe driver/operator shall receive training in the safe handling of the vehicle.

A Class C California Driver License is required to drive the vehicle.

G. Legal and Procedural Rules: The IAG Sentinel ARV shall only be used for official law enforcement purposes. The driver/operator shall be in compliance with Glendora Police Department Policy 704.
706.4.11 SMALL UNARMED AIRCRAFT SYSTEMS (SUAS)
DJI Mavic Enterprise 3T
A. Description, quantity, capabilities, and purchase cost:

1. Description: DJI Mavic Enterprise 3T, small unmanned aerial system

2. Quantity: One (1)

3. Capabilities: Compact and portable; 45-min Max Flight Time; 56x Hybrid Zoom; 640x512 px Thermal Camera; DJI O3 Enterprise Transmission; Centimeter-level Positioning with RTK

4. Cost: $6500
B. Purpose: To enhance the Department's Mission of protecting lives and property. The sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded Item #12. Page 13
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Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 11 suspects and high-risk tactical operations, disaster response, and video photographic documentation of crime scenes.

C. Authorized Use: Department personnel may operate the sUAS if they are a certified Remote Pilot. The authorized use of sUAS is governed in the Glendora Police Department Police Manual Section 606.

D. Expected Lifespan: 5 years
E. Fiscal Impact: Annual maintenance is estimated at approximately $800 F. Training: Only those members who have completed Remote Pilot Certification from the Federal Aviation Administration (part 107) are authorized to operate the Department's sUAS.

G. Legal and Procedural Rules: The DJI Mavic Enterprise 3T shall only be used for official law enforcement purposes. The pilot/operator shall be in compliance with Glendora Police Department Policy 606.

DJI Matrice 30T
A. Description, quantity, capabilities, and purchase cost:

1. Description: DJI Matrice 30T, small unmanned aerial system

2. Quantity: One (1)

3. Capabilities: Compact and portable; 41-min Max Flight Time; 48 MP; 5x-16x Optical Zoom; 200x Max Hybrid Zoom; 640x512 px Thermal Camera; Laser Range Finder 3M - 1200M; Centimeter-level Positioning with RTK; Added Optional High Volume Loudspeaker; Added Optional External Light Source.

4. Cost: $13,990
B. Purpose: To enhance the Department's Mission of protecting lives and property. The sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects and high-risk tactical operations, disaster response, and video photographic documentation of crime scenes.

C. Authorized Use: Department personnel may operrate the sUAS if they are a certified Remote Pilot. The authorized use of sUAS is governed in the Glendora Police Department Police Manual Section 606.

D. Expected Lifespan: 5 years
E. Fiscal Impact: Annual maintenance is estimated at approximatley $1500 F. Training: Only those members who have completed Remote Pilot Certification from the Federal Aviation Administration (Part 107) are authorized to operate the Department's sUAS.

G. Legal and Procedural Rules: The DJI Matrice 30T shall only be used for official law enforcement purposes. The pilot/operator shall be in compliance with Glendora Police Department Policy 606.

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 12 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COMPLIANCE
Department members are bound to adhere to this policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this policy may result in criminal or administrative investigations and/or actions.

Members of the public may register complaints or submit questions or concerns about the use of each type of military equipment in this policy by any of the following means:

1. Via email through the City of Glendora website (cityofglendora.org). Under DEPARTMENTS, select "Contact Glendora Police."

2. Via telephone to: (626) 914-8250

Published with permission by Glendora Police Department ***DRAFT*** Military Equipment - 13 706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid or in conducting their law enforcement activities.
706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Item #12. Page 16
Meeting Date: 5/14/2024 / Packet Page #: 246
4/4/23, 12:05 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item #12. Page 17
Meeting Date: 5/14/2024 / Packet Page #: 247
4/4/23, 12:05 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.

Item #12. Page 18
Meeting Date: 5/14/2024 / Packet Page #: 248
4/4/23, 12:05 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Item #12. Page 19
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4/4/23, 12:05 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.

Item #12. Page 20
Meeting Date: 5/14/2024 / Packet Page #: 250
4/4/23, 12:05 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is 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. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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Section 7072 - Annual military equipment report
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

Ca. Gov. Code § 7072
Added by Stats 2021 ch 406 (AB 481),s 2, eff. 1/1/2022.

Item #12. Page 27
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URGENCY ORDINANCE NO. 2068

AN URGENCY ORDINANCE ADOPTING A MILITARY EQUIPMENT

USE POLICY CONSISTENT WITH THE REQUIREMENTS OF
ASSEMBLY BILL NO. 481

THE CITY COUNCIL
City of Glendora, California
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 481 (“AB 481”), relating to the use of military equipment by law enforcement agencies and which requires law enforcement agencies to adopt a military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law; and
WHEREAS, AB 481, codified at Government Code §§ 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in Government Code § 7070; and WHEREAS, AB 481 requires adoption of the Policy by City Council before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481 scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of defined military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed Policy is found within Glendora Police Department (”GPD”) Policy No. 706 (Exhibit “A”); and
WHEREAS, the proposed Policy No. 706 was published on the GPD internet website on April 6, 2022. The same was presented to City Council on May 10, 2022, and WHEREAS, this ordinance and GPD Policy No. 706 (Exhibit “A” attached hereto) and the “Glendora Police Department Military Equipment Inventory List” (Exhibit “B” attached hereto) meets the requirements of Government Code §§ 7070(d) and 7071(a)(1); and WHEREAS, once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use; and DocuSign Envelope ID: B635029C-F95B-4FB5-8C91-162FFEC28BFE Item #12. Page 28
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Urgency Ordinance 2068 Page 2 of 4
WHEREAS, in accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF GLENDORA does ordain as follows:

SECTION 1. DETERMINATIONS. The foregoing recitals are true and correct and incorporated herein by this reference. Based on the foregoing recitals, in addition to information provided to the City Council at the public meeting to consider the same, the City Council determines as follows:

1. The military equipment identified in GPD Policy No. 706, and the attached “Glendora Police Department Military Equipment Inventory List” (collectively, the “Policy”), are necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Policy are reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. Therefore, the City Council hereby approves and adopts the attached Glendora Police Military Equipment Use Policy No. 706 (Exhibit “A”), and attached “Military Equipment Inventory List” (Exhibit “B”).

SECTION 2. URGENCY FINDINGS. The City Council finds and declares this ordinance to be an urgency measure, to take effect immediately upon its adoption, pursuant to Government Code § 36937(b). The facts constituting the emergency are as follows:

On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of “military equipment” by law enforcement agencies.

AB 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the agency funding, acquiring, or using military equipment.

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The GPD has been diligently preparing the “military equipment” use policy and attached “Military Equipment Inventory List” since AB 481 was signed into law.

Nevertheless, given the extensive requirements and notice provisions in the law, which includes mandatory publication of the proposed policy 30-days prior to public hearing, the policy and ordinance could not be made ready for hearing in time to accommodate the 30-day delay in effectiveness of the ordinance.

Because this ordinance did not become effective prior to January 1, 2022, the City may be prohibited from using “military equipment”, as the term is defined in Government Code § 7070, until the ordinance becomes effective.

Such a delay would curtail the GPD’s ability to use less-lethal tools, and hinder the effectiveness of GPD in preventing and addressing crime in the City, which in turn, would put the health, safety, and welfare of citizens at increased risk.

SECTION 3. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.

SECTION 4. CEQA The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (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 Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. EFFECTIVE DATE This ordinance is hereby declared to be an urgency measure and shall become effective immediately upon adoption by at least a fourfifths (4/5) vote of the City Council pursuant to Government Code § 36937(b).

SECTION 6. CERTIFICATION The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED and ADOPTED this 10th day of May, 2022.

City Council of Glendora, California
BY:

KAREN K. DAVIS
Mayor
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APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, California, do hereby certify that the foregoing Urgency Ordinance was duly approved and adopted at a Regular Meeting of the City Council on the 10th day of May, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS: Allawos, Fredendall, Thompson, Boyer, Davis.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: May 11, 2022
KATHLEEN R. SESSMAN
City Clerk/Communications Director
DocuSign Envelope ID: B635029C-F95B-4FB5-8C91-162FFEC28BFE Jul 11, 2022 | 1:57 PM PDT
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Published with permission by Glendora Police Department Military Equipment - 1
Glendora Police Department
Glendora PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – City of Glendora City Council.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
706
Exhibit A
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Glendora Police Department
Glendora PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Glendora Police Department Military Equipment - 2
• Notwithstanding the previous 15 bullet-points, "military equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency (DLA).
706.2 POLICY
It is the policy of the Glendora Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Captain or authorized designee will act as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council..
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Glendora Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and City Council and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner (See Section 706.6 below). 706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
706.4.1 RECON SCOUT
Unmanned machine operating on the ground utilized to enhance the safety of the community and officers.

A. Description, quantity, capabilities, and purchase cost:

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Military Equipment
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Published with permission by Glendora Police Department Military Equipment - 3

2. Quantity: One (1)

3. Capabilities: This machine operates on two wheels and is controlled remotely by an operator who receives a live audio/video feed from the robot.

D. Expected Lifespan: Approximately 10-15 years, depending on the availability of replacement parts and/or maintenance.

E. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $200.

F. Training: All Recon Scout operators will undergo training, provided by the S.W.A.T. team, and must demonstrate proficiency prior to using this equipment.

G. Legal and Procedural Rules: The Recon Scout will only be deployed for official law enforcement purposes. Any deployment will comply with applicable State and Federal laws. 706.4.2 40 MM SINGLE LAUNCHER
40 MM launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.

A. Description, quantity, capabilities, and purchase cost:

1. Description:40 MM launchers are used by department members as a less lethal tool to launch direct impact munitions as well as chemical munitions. The 40 MM single launcher weighs approximately 3.5 lbs., with a 14" barrel.

2. Quantity: One (1)

3. Capabilities: The Defense Technology 40 MM single launcher is designed to launch direct fired less lethal impact munitions.

4. Cost: The Defense Technology single launcher was purchased circa 2003 at a cost of approximately $1500.

B. Purpose: The Defense Technology 40 MM single launcher is used to launch less lethal impact munitions as a use of force option. It is also designed to launch chemical munitions as a use of force option.

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Glendora PD Policy Manual
Military Equipment
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Published with permission by Glendora Police Department Military Equipment - 4
C. Authorized Use: Only officers who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span:25 years.

E. Fiscal Impact: Annual maintenance is estimated to be less than $50.

F. Training: All officers who deploy the 40 MM single launcher shall complete a two- hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification takes place annually.

G. Legal and Procedural Rules: The 40 MM single launcher will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department policy 300 and applicable laws.
706.4.3 3 40 MM MULTI LAUNCHER
40 MM launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.

A. Description, quantity, capabilities, and purchase cost:

1. Description: 40 MM launchers are used by department members as a less lethal tool to launch direct impactmunitions as well as chemical munitions.The 40MM multi launcher launcher's model number is PGL65-40.

2. Quantity: One (1)

3. Capabilities: The 40 MM multi launcher is a pump-action magazine drum launcher with a six-shot capacity with a rifled barrel.

4. Cost: The Penn Arms 40 MM multi launcher was purchased circa 2008 at a cost of approximately $3500.

B. Purpose: The Penn Arms 40 MM multi launcher is used to launch less lethal impact munitions as a use of force option. It is also designed to launch chemical munitions as a use of force option.

C. Authorized Use: Only officers who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span:25 years.

E. Fiscal Impact: Annual maintenance is estimated to be less than $50.

F. Training: All officers who deploy the 40 MM multi launcher shall complete a two- hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification takes place annually.

G. Legal and Procedural Rules: The 40 MM multi launcher will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.
706.4.4 4 40 MM MUNITIONS
A. Descriptions, quantities, capabilities, purchase costs, and purposes:

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1. Description: Defense Technology 40 MM eXact iMpact Sponge Round.

2. Quantity:22

4. Cost:$28.65 each

5. Purpose: The Defense Technology eXact iMpact round is intended to be used as an extended range impact weapon.

6. Description:40 MM CS (Chlorobenzylidenemalononitrile) Ferret round

7. Quantity:10

9. Cost: $27.85 each

11. Description: 40 Mm Spede-Heat Short Range CS (Cholorbenzylidenemalononitrile)

12. Quantity: 5

14. Cost: $22.10 each

B. Authorized Use: Only officers who have completed an approved training are permitted to deploy these munitions
C. Expected Life Span: Until used, though not longer than five years from the date of manufacturer
D. Fiscal Impact: None
E. Training: All officers who use 40 MM munitions shall complete a two-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

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F. Legal and Procedural Rules:40 MM munitions will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Policy 300 and applicable laws.
706.4.5 CHEMICAL AGENT CANNISTERS
A. Descriptions, quantities, capabilities, purchase costs, and purposes:

1. Description: Defense Technology Spede-Heat Pyrotechnic Cannister CS (Chlorobenzylidenemalononitrile)

2. Quantity:10

3. Capabilities: The Spede-Heat cannister is a continuous discharge pyrotechnic chemical agent grenade that contains 81.2 grams of CS and has a discharge time between 20-40 seconds.

4. Cost:$33.00 each

5. Purpose: The Spede-Heat cannister is designed primarily for crowd control purposes and, when not used with a shielding device, such as a "Burn Safe," it is intended for outdoor use.

6. Description: Defense Technology Pocket Tactical CS
(Chlorobenzylidenemalononitrile) Cannister

7. Quantity:3

8. Capabilities: The Pocket Tactical cannister is a continuous discharge pyrotechnic chemical agent grenade that contains 25.2 grams of CS and has a discharge time between 20-40 seconds.

9. Cost:$28.00 each

10. Purpose: The Pocket Tactical cannister is designed for use by a tactical team for distraction, concealment, rescue, or signaling. The Pocket Tactical can be used in conjunction with smoke cannisters to "piggyback" chemical agent into a predominately smoke environment. Unless used in conjunction with a shielding agent, such as a "Burn Safe" the Pocket Tactical is designed for outdoor use.

B. Authorized Use: Only officers who have completed an approved training are permitted to deploy this equipment.

C. Expected Life Span: Until used, though not longer than five years from the date of manufacture.

D. Fiscal Impact: None
E. All officers who use chemical agent cannisters shall complete a two-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

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F. Legal and Procedural Rules: Chemical agent cannisters will be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws.
706.4.6 DISTRACTION DEVICES
A. Descriptions, quantities, capabilities, purchase costs, purposes, and expected life spans:

1. Description: Defense Technology Low Roll Distraction Device- Reloadable Body and Charge. A distraction device is used to distract a dangerous suspect during high-risk situations, including, but not limited to hostage rescues, search warrant service or other high-risk activities where the risk can be mitigated by the use of a distraction device.

The distraction device is composed of a reloadable body and a charge. The body can be used a maximum of 25 times, the charge is a single-use item.

2. Quantity:15

3. Capabilities: The Defense Technology Low Roll Distraction Device is a multi- use, reloadable, non-bursting, non-fragmenting device that provides a brilliant light and loud sound and is used to distract, or momentarily disorient potentially dangerous suspects.

4. Cost:$100 each

5. Purpose: The Defense Technology Low Roll Distraction Device is used to distract a dangerous suspect during high-risk situations, including but not limited to, hostage rescues, the service of a high-risk search warrant or other high-risk activities where it is necessary to distract/disorient and individual.

6. Expected Life Span: The reloadable body can be used 25 times before it is discarded.

Lifespan depends on frequency of use.

7. Description: Defense Technology Low Roll Distraction Device 12 Gram Reload. The reload for this device is designed to be inserted into the distraction device body and is a single-use item.

8. Quantity: 24

9. Capabilities: The Defense Technology Low Roll Distraction Device 12 Gram Reload is designed to be used in conjunction with the Low Roll Distraction Device Body and will produce a brilliant light and loud sound and is used to distract, or momentarily disorient potentially dangerous suspects.

10. Cost: $36.75 each

11. Purpose: The Defense Technology Low Roll Distraction Device 12 Gram Reload is used to distract a dangerous suspect during high-risk situations, including but not limited to, hostage rescues, the service of a high-risk search warrant or other high-risk activities where it is necessary to distract/disorient an individual.

B. Expected Life Span: This is a single use item.

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C. Authorized Use: Only officers who have completed an approved training are permitted to deploy this equipment.

D. Fiscal Impact: None
E. Training: All officers who use these distraction devices shall complete a 2-hour course of training, to include a written test and practical application provided by members of the S.W.A.T. team. Recertification will take place annually.

1. Description: Colt M4.223 caliber carbine, capable of automatic and semi- automatic fire, or semi-automatic only. Firearm that is fired from the shoulder, having a long spiral grooved barrel to make projectiles spin, thereby being more accurate over a greater distance.

2. Quantity:49

3. Capabilities: To provide precision fire to a threat at greater accuracy and greater distances than that of a handgun.

4. Cost:$750

5. Description: Speer Gold Dot LE.223 caliber 55 grain soft tip ammunition. Ammunition specifically designed to be used with the Colt M4.223 caliber rifle.

6. Quantity:15,000 rounds

7. Cost:$155 for 200 rounds
B. Purpose: The purpose of the Colt M4 carbine is to provide accurate shot placement against a threat over a long distance. It is also for use against individuals who are wearing ballistic body armor.

C. Authorized Use: Only officers who have completed an approved training are permitted to deploy this equipment.

D. Expected Life Span:10-15 years, depending on severity of use.

E. Fiscal Impact: Annual maintenance cost is estimated at $50 per rifle.

F. Training: All officers who deploy the Colt M4 carbine will attend and pass a POST certified training course, taught by a POST certified rifle instructor. The training includes a written and a practical application test. In addition, members who operate the rifle must qualify annually.

G. Legal and Procedural Rules: The Colt M4.223 caliber carbine shall only be used for official law enforcement purposes and shall only be used in compliance with Glendora Police Department Policy 300 and applicable laws. The deployment of the rifle shall also be in compliance with Glendora Police Department Policy 416.6.

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706.4.8 MOBILE COMMAND POST VEHICLE
A. Description, quantity, capabilities, and purchase cost:

1. Description: Freightliner Chassis (custom built) vehicle.

2. Quantity: One (1)

4. Purchase cost: Approximately $150,000, funded by an Office of Traffic Safety (O.T.S.) grant.

B. Purpose: To be used based on the specific circumstances of a given F.S.E.T. operation, critical incident, large event, DUI checkpoint, natural disaster, or community event that is taking place.

C. Authorized Use: The Mobile Command Post shall be used by officers trained in its use D. Expected Lifespan: Twenty-year lifespan on chassis and vehicle structure. Upgrades as needed to ensure updated and properly maintained IT systems.

E. Fiscal Impact: Annual maintenance is approximately $5,000 F. Training: The driver/operator shall receive training in the safe handling of the vehicle. A class C driver license is required to drive the vehicle. Driver/operators will also receive training in the proper set-up and break down of the Mobile Command Post when deployed for events and operations.

1. Description: Peacekeeper, built on a 1973 Dodge chassis.

2. Quantity: One (1)

3. Capabilities: Designed to provide ballistic protection (to withstand multiple bullet strikes from small arms fire as well as low level explosions).

4. Cost: Obtained through the Law Enforcement Support Program (LESO, formerly the 1033 Program) in 1999.

B. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, or for display at a community event.

D. Expected Lifespan: Twenty-five (25) years.

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E. Fiscal Impact: Annual maintenance is estimated between $0 and $1000.

F. Training: The driver/operator shall receive training in the safe handling of the vehicle. A class C driver license is required to drive the vehicle.

G. Legal and Procedural Rules: The Peacekeeper shall only be used for official law enforcement purposes. The driver/operator shall be in compliance with Glendora Police Department Policy 704.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COMPLIANCE
Department members are bound to adhere to this policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this policy may result in criminal or administrative investigations and/or actions.

Members of the public may register complaints or submit questions or concerns about the use of each type of military equipment in this policy by any of the following means:

1. Via email through the City of Glendora website (cityofglendora.org). Under DEPARTMENTS, select "Contact Glendora Police."

2. Via telephone to: (626) 914-8250
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3. Via mail to: Glendora Police Department, Attn: Military Equipment Use Coordinator, 150 S Glendora Ave, Glendora, CA 91741
The Glendora Police Department is committed to responding to complaints, concerns, and questions received through any of the above methods in a timely manner. 706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid or in conducting their law enforcement activities.
706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

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Certificate Of Completion
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Item #12. Page 44
Meeting Date: 5/14/2024 / Packet Page #: 274

MILITARY EQUIPMENT USE POLICY -

ANNUAL UPDATE
Glendora Police Department
City Council Meeting
May 14, 2024
Mike Randazzo, Police Captain CityOfGlendora.org
Item #12. Page 45
Meeting Date: 5/14/2024 / Packet Page #: 275

BACKGROUND
• On September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”) which requires law enforcement agencies to adopt a military equipment use policy (“Policy”), by ordinance.
• Pursuant to Government Code §7072 the Glendora Police Department is required to provide an annual update containing the following information.

Item #12. Page 46
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LEGISLATIVE REQUIREMENTS
Government Code § 7072(a)(1)
• How the military equipment was used and the purpose for its use. – The equipment was used in training and during the service of four (20) high risk search warrants that occurred during the calendar year 2023.

Item #12. Page 47
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LEGISLATIVE REQUIREMENTS
Government Code(s) § 7072(a)(2) and § 7072(a)(3)
• How many complaints were received concerning the use of military equipment.
– None
• The results of any internal audits, including any violations of this policy and actions taken as a result.
– No violations of this policy took place.

Item #12. Page 48
Meeting Date: 5/14/2024 / Packet Page #: 278

LEGISLATIVE REQUIREMENTS
Government Code § 7072(a)(4)
Total annual cost of each piece of equipment, including acquisition, maintenance, and other ongoing costs and the source of funding for the following calendar year.
– Total annual cost is approximately $20,000.
• This includes:
– Ammunition
– Chemical agents
– Equipment maintenance
Item #12. Page 49
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LEGISLATIVE REQUIREMENTS
Government Code(s) § 7072(a)(5) and § 7072(a)(6)
• The quantity possessed for each piece of military equipment. – This is contained within Glendora Police Policy 706
• What additional military equipment will be acquired in 2024 – Ammunition and chemical agents
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ASSEMBLY BILL 481 REQUIREMENTS
• Annual review of the Military Equipment Use ordinance by the governing body, and option to either disapprove or amend the Military Equipment Use Policy if it determines that the military equipment does not comply with standards for approval.
• Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report. The current report was posted on May 10, 2024.

Item #12. Page 51
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ASSEMBLY BILL 481 REQUIREMENTS
The Police Department’s Policy has been drafted to meet the requirements of AB 481 as follows:
• The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. • The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. • If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to any available alternative that can achieve the same objective of officer and civilian safety.
• Military equipment obtained prior to the introduction of the law met the Policy that was in effect at the time. If prior uses do not comply with the accompanying Military Equipment Use Policy, corrective action will be taken to remedy nonconforming use and ensure future compliance.

Item #12. Page 52
Meeting Date: 5/14/2024 / Packet Page #: 282
ASSEMBLY BILL 481 REQUIREMENTS
Currently, the Police Department’s military equipment inventory includes:

This equipment has been in use for several years and used only by specialized teams and trained personnel. In addition, these items (apart from the rifles) are considered less lethal equipment and are to be used for specific circumstances. The Policy includes a detailed description of all the items and their usefulness to carrying out police objectives. • A robot
• Rifles
• Less lethal munitions
• Chemical agents and delivery
devices
• Distraction devices
• A mobile command post
• An armored personnel
rescue/transport vehicle
Item #12. Page 53
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RECOMMENDATION
• Receive and file report
Item #12. Page 54
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 14, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 4, 5
SUBJECT: CONSIDERATION OF RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE

AND SALE AGREEMENT WITH OLSON URBAN HOUSING, LLC FOR THE SALE OF SURPLUS PROPERTIES, APN'S: 8655-007-900, 8655-007-901, 8655-007-902 AND 8655- 021-900

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE GLENDORA CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT

WITH OLSON URBAN HOUSING, LLC WITH RESPECT TO THAT CERTAIN PROPERTY IDENTIFIED BY ASSESSOR'S PARCEL NUMBERS 8655-007-900, 8655-007-901, 8655-007-902, AND 8655-021-900 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.”

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)  Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The City currently owns undeveloped vacant real property in the City of Glendora located at the southern terminus of Woodland Lane, extending easterly to San Jose Drive and southerly to Big Dalton Wash. The site is composed of four vacant parcels, identified by assessor’s parcel numbers (APN’s): 8655-007-900, 8655-007-901, 8655-007-902, and 8655-021-900 (“Property”) totaling 252,520 square feet or 5.8 acres.

In 2022, the City determined the site is not necessary for the City’s use and declared it non-exempt surplus property.

Pursuant to the Surplus Land Act, Government Code §§ 54220-54233 (“Act”), the City must follow certain procedures established by the Act and obtain authorization from the Department of Housing and Community Development (“HCD”) prior to disposing of non-exempt surplus property. In August 2023, the City reported to HCD on the procedures followed by the City as required under the Act. On September 20, 2023, the City received a letter from HCD permitting the sale of the property under the condition that an affordability covenant is recorded prior to the sale. The City has since negotiated terms for a Purchase and Sales Agreement (“PSA”) for the sale of the Property and is seeking City Council approval of said PSA.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Effective January 1, 2020, the Surplus Land Act as amended by AB 1486 (codified in Government Code §§ 54220 et seq.) (“Act”) includes, among other requirements, changing the existing, long-standing definition of “surplus land”; providing that land shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to sell or lease land; and adding a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development,” or “property disposed of for the sole Item #13. Page 1
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Staff Report Page 2 of 3
purpose of investment or generation of revenue.” The Act further added provisions prohibiting the City from negotiating any disposition of the property prior to compliance with the procedural requirements of the Act.

The City Council approved a Resolution declaring the subject Property as non-exempt surplus land on December 13, 2022. On August 2023, the City reported to HCD on the procedures followed as required under the Act. On September 20, 2023 the City received a letter from HCD permitting the sale of the property under the condition that an affordability covenant is recorded prior to the sale.

DISCUSSION
The Property has been declared non-exempt surplus property. Pursuant to the Act, Government Code §§ 54220-54233, the City must follow certain procedures established by the Act and obtain authorization from HCD prior to disposing of non-exempt surplus property. The City completed the procedures required by the state under the Act, as summarized below:

Required Procedures for Sale under the Surplus Land Act:
 Declare property as Surplus Land City declared on December 13, 2022  60 Day Notice of Availability Period January 13, 2023 – March 14, 2023  90 Day Negotiation Period March 23, 2023 – July 11, 2023  Report Summary to HCD August 23, 2023
 HCD Approval for Disposition September 20, 2023
On September 20, 2023, the City received approval from HCD to dispose of the Property (Attachment A).

Negotiations have since been completed for the sale of the Property from the City of Glendora (Seller) to Olson Urban Housing, LLC, a Delaware limited liability company (Buyer) for a sales price in the amount of Four Million Dollars ($4,000,000). The sales price is in line with Fair Market Value based on an appraisal the City obtained at the start of the process. Staff recommends that the City Council adopt a Resolution (Attachment B) approving the Purchase and Sale Agreement (PSA), included as Exhibit A to the Resolution for the sale of the Property.

The terms of the negotiated PSA are as follows:
 Sales Price: $4,000,000
 Deposit: $50,000 (nonrefundable after Due Diligence)
 Due Diligence: 90 Days
 Closing Date: The earlier of the following:
 6 months after entitlements and all expired appeal periods; or  3 Days after Final Tentative Map approved by City Council, but  No later than 18 months after Effective Date (Execution of PSA)  Extension Period: Up to 90 days
 Entitlements: Buyer will apply for land entitlements during the escrow period, including the plan for development of residential dwellings. Buyer is a residential developer and the scope of the development is subject to discretionary review and approval by the City. Approval of the PSA does not grant approval of a project for the site. The Buyer will pursue approval of a project during the escrow period. Under the terms of approval issued by HCD, any residential development with greater than 10 residential units requires that 15% of the units be restricted to moderate income level households. To ensure this requirement is adhered to, an affordability covenant will be recorded against the property prior to close of escrow, Exhibits C and B, respectively to the PSA.
 Project Agreements: Project Agreements include the Affordability Regulatory Agreement and the Covenant Agreement. The agreements shall be negotiated during the escrow period and recorded in the Official Records of Los Angeles County concurrently with the Closing.

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o Affordability Regulatory Agreement: Includes the terms required to comply with the Surplus Land Act and the State Density Bonus Law. In addition, terms and conditions regarding the City’s right to review and confirm affordability terms and conditions will also be included.
o Covenant Agreement: Outlines the Buyer’s obligations towards completion of the development after the close of escrow. The Covenant Agreement provides for construction to begin within six months after the close of escrow and the completion of the entire project within forty months, or 3.25 years, after the close of escrow. The exact terms of the Covenant Agreement will be negotiated during the escrow period; however, it should be noted that only the items clearly identified in the “Summary of Terms for Project Agreements” (Exhibit D to the PSA) can be negotiated into the Covenant Agreement; a requirement of the Buyer’s lender.
 Schedule of Performance: The Schedule of performance outlines Buyer’s obligations within established timeframes. Obligations include the following:
o Buyer submits a Concept Review for development to City Within 30 days of PSA o Buyer schedules a Community Meeting Within 60 days of PSA o Negotiation of Project Agreements Expiration of Due Diligence o Buyer submits formal application for Entitlements 60 days after Due Diligence o Final Approval of Entitlements Within 12 months of PSA o Closing Date Within 18 months of PSA

FISCAL IMPACT
Disposition of the Property will generate Four Million Dollars ($4,000,000) which will be applied to the General Fund. The anticipated estimated revenue will be evaluated for inclusion with the FY 2024-25 MidYear Budget Review or with the Fiscal Year 2025-26 budget process as the closing date is determined.

ENVIRONMENTAL DETERMINATION
The act of authorizing the execution of the Purchase and Sale Agreement does not approve any new development or construction of new buildings or structures, nor does it authorize any new land uses. The City has not determined the full scope or scale of the environmental review that will be required for the Project pursuant to California Environmental Quality Act (“CEQA”). The authorization of the PSA is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, which states that, where it can be seen with certainty that there is no possibility that the activity in question will have a significant impact on the environment, the activity is exempt from CEQA.

Prepared By Valerie Velasquez, Economic Development & Housing 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. HCD Approval Letter
B. Resolution with Purchase and Sale Agreement
C. Notice of Exemption
D. PowerPoint
Item #13. Page 3
Meeting Date: 5/14/2024 / Packet Page #: 287
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 20, 2023
Valerie Velasquez, Economic Development and Housing Manager Community Development Department
City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741
Dear Valerie Velasquez:

RE: Written Comments Regarding the City of Glendora’s Surplus Land Disposition Documentation for the Property at Woodland Lane (APNs 8655- 007-900—902 and 8655-021-900)
Thank you for submitting your surplus land documentation, on behalf of the City of Glendora (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on August 24, 2023. This letter constitutes HCD’s written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APNs 8655-007-900—902 and 8655-021-900, including provisional permission to proceed with the sale or lease.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on December 13, 2022 and Notices of Availability (NOA) were sent to all the required entities on January 13, 2023. During the required 60-day period, four affordable housing entities expressed interest in the property, but no sale was finalized. The City provided a detailed summary of negotiations. The City has also enclosed the appropriate draft affordability covenant, requiring 15 percent affordable housing, to be recorded against the property.

If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APNs 8655-007-900—902 and 8655-021-900. The City is permitted to proceed with the sale or lease of the property.

If you have any questions or need additional technical assistance, please contact Mathew Manweller, Senior Housing Policy Specialist, at [email protected].

Sincerely,
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Division
Item #13. Page 4
Meeting Date: 5/14/2024 / Packet Page #: 288
Resolution CC 2024-______ Purchase and Sales Agreement Page 1 of 45 RESOLUTION CC 2024-___

A RESOLUTION OF THE GLENDORA CITY COUNCIL AUTHORIZING

THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE

AGREEMENT WITH OLSON URBAN HOUSING, LLC WITH RESPECT

TO THAT CERTAIN PROPERTY IDENTIFIED BY ASSESSOR'S
PARCEL NUMBERS 8655-007-900, 8655-007-901, 8655-007-902, AND 8655- 021-900 AND MAKING CERTAIN FINDINGS IN CONNECTION

THEREWITH

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora (“Seller” / “City”) is the owner in fee simple of certain vacant real property totaling approximately 5.8 acres and located in the City of Glendora, County of Los Angeles, State of California, at the southern terminus of Woodland Lane, extending easterly to San Jose Drive and southerly to Big Dalton Wash, comprised of the following lots identified by Assessor’s Parcel Numbers 8655-007-900, 8655-007-901, 8655-007-902, and 8655-021-900 (“Property”); and,
WHEREAS, on December 13, 2022, the City declared the Property as Surplus Land, subject to the Surplus Land Act, Government Code §§ 54220-54233 (“Act”); and, WHEREAS, the City complied with the requirements of the Act, including a 60 day Notice of Availability period and 90 Day Negotiating period, and has received a letter from the California Department of Community and Housing Development (“HCD”), dated September 20, 2023, confirming the authority of the City to proceed with the sale / disposition of the Property provided that an affordability covenant (the “HCD Affordability Covenant”) is first recorded against the Property ensuring that fifteen percent (15%) of the residences developed on the Property will be reserved for moderate income residential housing; and WHEREAS, Olson Urban Housing, LLC, a Delaware limited liability company (“Buyer”), wishes to develop the Property with ownership residences in accordance with the Act and the City of Glendora’s General Plan; and
WHEREAS, Seller desires to sell to Buyer and Buyer agrees to buy the Property for a mutually agreed upon purchase price of Four Million Dollars ($4,000,000) along with other terms and conditions set forth in that certain Purchase and Sale Agreement for the transfer of fee title of the Property from the Seller to the Buyer as show in Exhibit “A” attached hereto and incorporated herein by this reference, which will potentially allow for the development of a residential project upon the Property in accordance with the City’s General Plan designations for the Property and in accordance with the HCD Affordability Covenant (the “Project”); and WHEREAS, the Purchase and Sale Agreement includes, as exhibits, the form of the Grant Deed for the transfer of the Property, the form of the HCD Affordability Covenant to be recorded against the Property prior to the sale of the Property to Buyer, and the terms to be set forth in an Affordability Regulatory Agreement and Covenant Agreement, which agreements shall be recorded against the Property prior to the closing of the sale of the Property to Buyer (such agreements are collectively referenced herein as the “Project Agreements”); and Item #13. Page 5
Meeting Date: 5/14/2024 / Packet Page #: 289
Resolution CC 2024-______ Purchase and Sales Agreement Page 2 of 45 WHEREAS, upon the approval of this Resolution by the City Council of the Purchase and Sale Agreement, the City Manager will be authorized to execute said Purchase and Sale Agreement and all necessary transaction documents in connection therewith, including the Project Agreements.

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

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein as if set forth in full. In particular, the City Council specifically finds that the disposition of Property as described in the foregoing portion of this Resolution is in compliance with the Act.

SECTION 2. The Purchase and Sale Agreement, in the form attached hereto as Exhibit “A,” is hereby approved. The City Manager is hereby authorized, on behalf of the City, to execute and deliver, for and in the name of the City of Glendora, the Purchase and Sale Agreement and all necessary transaction / closing documents referenced therein, including the Project Agreements, with such non-substantive changes therein as the City Manager and the City Attorney may approve (such approval to be conclusively evidenced by the execution and delivery thereof).

SECTION 3. The act of authorizing the execution of the Purchase and Sale Agreement does not approve any new development or construction of any new buildings, nor does it authorize any new land uses. The City has not determined the full scope or scale of the environmental review that will be required for the Project pursuant to California Environmental Quality Act (“CEQA”).

The City shall have full discretionary approval over the Project including its required entitlements and any environmental review required pursuant to CEQA as a condition precedent to the consummation of the transfer of the Property to the Buyer. For this reason, it can be seen with certainty that authorizing the execution of the Purchase and Sale Agreement will not result in any significant adverse impact on the environment. Accordingly, this authorization is exempt from the CEQA environmental review requirements pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. City staff are hereby directed to prepare and post a notice of exemption pursuant to Guidelines Section 15062.

SECTION 4. The City Manager is hereby authorized, to take such action(s) (including but not limited to the execution of any certificates or other instruments) which the City Manager may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

Glendora City CouncilMay 14, 2024

Glendora City Council
May 14, 2024