City of Glendora, CA GENERAL REGULATIONS

§ 21.03.010 Property development standards.

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.

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 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.

Street Frontage. Every parcel of land shall front on a public or private street.

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.

Setback Exceptions.

Architectural features, including cornices, belt courses, fireplaces, eaves and bay windows, may project into required setback areas a distance not to exceed two feet.

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.

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.

Swimming pools may be located in the required rear and side setback areas, but no closer than six feet to a property line.

Flag poles may project twenty-five percent into required front and rear setback areas.

Mechanical equipment may project into the required rear or side setback area, but no closer than three feet to a property line.

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 feet from the property line. Street side yard setbacks shall maintain the minimum required by Table A.

Height. No structure or any portion shall exceed the maximum building height specified in the development standards of the zone in which the structure is located, except for elevators, stairways, equipment, screening, chimneys, antennas, architectural features, or as otherwise provided for in this title.

Fences and Walls. Fences and walls shall be permitted and/or required as specified in this subsection:

Fences and walls not exceeding four feet in height shall be permitted within the front yard setback if no more than three feet or fifty percent is solid and the remainder is at least fifty percent open.

Fences and walls not exceeding six feet in height shall be permitted behind the front yard setback. Fences and walls exceeding six feet in height may be permitted at public facilities, subject to approval by the city council.

Fences or walls shall be required for development projects involving two or more single-family residences subject to the following:

Fences or walls shall be required along side and rear property lines;

Fences and walls shall be designed to complement the design, colors and materials of the dwelling units;

Solid fences and walls shall be articulated at least every fifty feet of length as measured from the end of a fence or wall and/or the intersection of two or more fences or walls. Fences and walls shall be articulated with either a jog, which measures a minimum of eighteen inches deep by eight feet wide, or other architectural treatment at least eight feet wide;

Walls adjacent to the Gold Line railroad right-of-way may be up to eight feet in height for noise attenuation purposes. Walls greater than eight feet in height may be permitted subject to the preparation of an approved noise study by an acoustical engineer.

Mechanical Equipment. Mechanical equipment, except solar collector panels, shall be screened from public view. Plans for screening shall be submitted to the director for review and approval. Roof-mounted equipment, except solar collector equipment and antennas, is prohibited in the residential zones.

Irrigation. Areas required to be landscaped by any provision of this title shall be provided with automatic irrigation systems installed in conformance with the requirements of applicable codes.

Solar Energy Systems. Plans shall be submitted to the reviewing body as shown in Table E, in the appendix of the zoning code, for review and approval.

Antennas. Plans for antennas, except common skeletal type antennas used to receive UHF and VHF frequencies, shall be submitted to the reviewing body as shown in Table E, in the appendix of the zoning code, for review and approval.

Landscaping. Required setbacks adjacent to a street shall be landscaped with drought-tolerant plant materials and permanently maintained.

(Ord. 1618 § 1 (Exh. A), 1993; Ord. 1737 § 1, 2001; Ord. 1771 § 1, 2003; Ord. 1778 § 2, 2003; Ord. 1822 § 2 (Exh. B), 2005; Ord. 1836 §§ 21, 22, 2006; Ord. 1957 § 2, 2012; Ord. 2026 § 2, 2017)

§ 21.03.020 Off-street parking and loading.

Purpose. The purpose of this section is to ensure that sufficient off-street parking and loading areas are provided and properly designed and located in order to meet the parking and loading needs of specific uses and to protect the public health, safety and welfare.

Regulations for Off-Street Parking.

Off-street parking shall be provided according to the provisions of this section for:

Any new structure;

Any new use;

Any addition to, or change in the use of, a structure. The additional off-street parking shall be required only for the addition or change of use and not for the entire structure or use, except when the addition expands the original structure by twenty-five percent or more or when the change in use involves twenty-five percent or more of the area of the original use, then the parking area for the entire structure or use shall be brought into conformance with this section.

Required off-street parking shall be provided on the same parcel as the structure or use for which the parking is required, unless reciprocal parking or other arrangement is authorized pursuant to this title.

Required off-street parking shall be maintained in accordance with the requirements of this section for the duration of the use.

Required off-street parking shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, display, repair or storage of vehicles, merchandise or equipment or for any other use, unless authorized pursuant to this title.

Development Standards.

Parking Stall Dimensions.

Parking Stall	Width	Depth
Standard	9′	20′
Standard, adjacent to a side wall	10′	20′
Parallel*	10′	25′
Compact	8′	17′

*	Smaller parallel parking stalls may be permitted depending upon location, street width and traffic flow, driveway width, and other safety considerations to accommodate additional landscape areas subject to approval of the city engineer.

Parking Aisle Widths.

Angle of Parking Stall	Aisle Width One-Way	Aisle Width Two-Way
Parallel	14′	18′
30 degree	14′	18′
45 degree	18′	20′
60 degree	18′	20′
90 degree	26′	26′

Compact Parking Stalls. For any use that provides more than ten open parking stalls, a maximum of twenty-five percent of the parking stalls in excess of ten may be compact parking stalls. All compact parking stalls shall be clearly marked: "COMPACT."

Handicapped Parking. Handicapped parking shall be provided in accordance with the requirements and standards as specified by the state of California.

Location of Parking Stalls. Parking stalls shall not be located in any required yard setback that is adjacent to a public right-of-way, except alleys.

Paving. Parking stalls and aisles shall be paved and maintained with asphaltic concrete or other materials approved by the city engineer.

Landscaping.

The parking area shall include landscaping equivalent to at least five percent of the total lot area. Setback areas required to be landscaped by other sections of this title shall not be considered part of the required five percent landscaping.

Parking area landscaping shall include a minimum of one twenty-four-inch box tree for every three parking stalls and appropriate ground cover. Such landscaping shall be located throughout the parking area and planted according to the city forester's recommendations.

Screening. Parking areas shall be screened from public rights-of-way and adjacent land uses. Screening may consist of walls, fences, landscaping, berms or any combination to form an opaque screen three feet in height within the front or street side yard setback and six feet in height behind the front or street side yard setback as measured from finish grade. Parking areas may be lowered in grade to reduce the screening height requirements.

Striping. Abutting parking stalls shall be separated by double four-inch-wide stripes painted white or by other means approved by the department. All aisles, approach lanes and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

10.

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of buildings. Any illumination shall be directed away from adjacent properties and public rights-of-way. Low level lighting shall be used where possible.

11.

Noise. Parking areas, including driveways and loading areas, used for primary circulation and for frequent idling of vehicle engines shall be designed and located to minimize the impact of noise on adjacent properties.

12.

Safety Features. Parking areas shall meet the following standards:

Safety barriers, protective bumpers, curbs and directional markings shall be provided to ensure pedestrian/vehicular safety, efficiency, protection of landscaping, and prevention of encroachment onto abutting property.

Visibility of pedestrians, bicyclists and motorists shall be provided when entering individual parking stalls, when circulating within a parking area, and when entering or leaving a parking area.

Circulation patterns and the location and direction of access drives shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.

13.

Design Standards.

The circulation system shall be designed to provide separate vehicular and pedestrian circulation systems.

Common driveways shall be provided when possible.

Angled parking shall be provided when possible.

Parking stalls shall not abut buildings. Parking areas shall be separated from buildings by raised concrete walkways and/or landscaping.

Reciprocal parking and access agreements between adjacent properties shall be provided when possible.

Vehicle access shall be provided along side streets when possible to minimize pedestrian/vehicular conflicts.

Vehicle access shall be minimized and located as far as possible from street intersections to provide adequate stacking.

Parking areas and pedestrian circulation shall be visible from buildings, especially entrances.

The circulation system shall be designed so that pedestrian circulation will be parallel with vehicle traffic.

The circulation system shall be designed to minimize the need for pedestrians to cross parking aisles and landscape areas.

The circulation system shall be designed to provide pedestrian links between buildings and the street sidewalk system.

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other areas.

Single-Family Residence Standards.

Dwelling Unit Parking. For each single-family residence unit there shall be a minimum of two parking stalls located within a garage.

Location of Carports. Carports that are not an integral part of the main residence shall be located no closer than forty feet to any street and no closer than the residence to any adjacent street.

Driveways. A paved driveway shall be provided from a street or alley to garages and carports. Each driveway shall have a minimum vertical clearance of eight feet and a minimum width of eight feet.

Vehicle Backout. A minimum unobstructed distance of twenty-five feet shall be provided for vehicle backout from garages, carports and other parking stalls as measured to a street or the opposite side of an alley.

Multiple-Family Residence Standards.

Dwelling Unit Parking.

For each dwelling unit, there shall be one parking stall within a garage and one parking stall which may be open or covered, i.e., carport, or two spaces within a garage.

Dwelling units having more than two bedrooms shall increase parking by two-tenths of a parking space for each bedroom in excess of two in each unit. Whenever the computation of the required number of parking stalls results in a fraction, the next higher whole number shall be the required number of parking stalls. See subsection (E)(3) for example.

Tandem parking may be permitted when stalls are assigned to the same dwelling unit, but may not be permitted for guest parking. Tandem parking may be located within a garage, or on a driveway which leads to a garage, carport or open parking stall and does not impede vehicular and/or pedestrian traffic.

Whenever the computation of the required number of parking stalls results in a fraction, the next higher whole number shall be the required number of parking stalls. For example, a multiple family development consisting of four units with three bedrooms each shall have 8.8 required parking stalls and 1.6 guest parking stalls. The 8.8 would change to nine required parking stalls and the 1.6 would change to two guest parking stalls.

For each dwelling unit, there shall be storage area provided in the required garage of one hundred fifty cubic feet plus an additional fifty cubic feet of storage for each additional bedroom over two bedrooms per unit. The storage area shall be designated for each unit.

Handicapped Parking. For each dwelling unit designed to accommodate the physically handicapped, the required parking shall be designed for the handicapped as required by the state of California.

Guest Parking. For every dwelling unit, there shall be a minimum of four-tenths covered or open parking stalls, or a combination of open and covered parking stalls, for guest parking. Whenever the computation of the required number of guest parking stalls results in a fraction, the next higher whole number shall be the required number of parking stalls. For example, a multiple-family development consisting of three units with three bedrooms each shall have 6.6 required parking stalls and 1.2 guest parking stalls. The 6.6 would change to 7 required parking stalls and the 1.2 would change to two guest parking stalls.

Guest parking stalls shall be provided with permanent signs identifying them as guest parking stalls and shall be maintained at all times for guest parking.

Driveways. The minimum width of driveways shall be sixteen feet for one to fifteen units and twenty-six feet for sixteen or more units. Driveways shall have a minimum vertical clearance of eight feet.

Senior Housing. For each senior housing unit, there shall be one parking stall enclosed in a garage and one hundred fifty cubic feet of additional storage area provided in the required garage. The storage area shall be designated for each unit. For each two senior housing units, there shall also be at least one open or covered guest parking space.

Mobilehome Park Standards. For every four mobilehome sites, or fraction, there shall be a minimum of nine open parking stalls.

Commercial, Institutional, Recreational and Industrial Use Standards.

The required number of parking stalls shall be provided for each use as specified below. For mixed uses, the required number of parking stalls shall be the sum of the number of parking stalls required for the individual uses computed separately. Whenever the computation of the required number of parking stalls results in a fraction, the next whole number shall be the required number of parking stalls for the use. Reserved or designated parking stalls are prohibited.

Use	Required Number of Parking Stalls
Animal care facilities	One for each 250 square feet of gross floor area
Arcades	The number shall be established by a parking study as prescribed in Section 21.03.020(H)
Automotive services: repair, full service stations, and washes	One for each 250 square feet of gross floor area, but not less than 7, plus one for each employee
Automotive services: self-service stations	One for each 350 square feet of gross floor area, but not less than 2
Building and landscape materials	One for each 250 square feet of interior retail space and one for each 2,000 square feet of exterior retail/storage area
Child day care centers	One for each 15 children and one for each employee
Churches, theaters, clubs, auditoriums, lodge halls and other places of fixed assembly	One for each 4 permanent seats in the main assembly area and one for each 40 square feet of seating area in the main assembly area where temporary or moveable seats are provided
Community care, convalescent, nursing and assisted living facilities	One for each 3 beds and one for each 3 employees
Convenience stores in conjunction with service stations	One for each 250 square feet of gross floor area, but not less than 7, plus one for each employee
Hospitals	One for each patient bed
Hotels and motels	One for each guest room, one for each manager's unit and one 15′ x 35′ stall reserved for recreational vehicles for each 15 rooms
Libraries and museums	One for each 500 square feet of gross floor area
Manufacturing, industrial and wholesale uses	One for each 500 square feet of gross floor area for the first 10,000 square feet and one for each 1,000 square feet of gross floor area thereafter
Medical office/medical clinic	One for each 200 square feet of gross floor area, but not less than 8
Offices	One for each 250 square feet of gross floor area, but not less than 8
Recreation and sports facilities, gyms, spas and health and fitness centers	The number shall be established by a parking study as prescribed in Section 21.03.020(H)
Restaurants and other places where food or beverages are served	One for each 100 square feet of gross floor area
Retail sales and services	One for each 250 square feet of gross floor area
Retail sales and services, including shopping centers, with over fifty thousand square feet of gross floor area	One for each 250 square feet of gross floor area or the number may be established by a parking study as prescribed in Section 21.03.020(H)
School, educational	One for each employee, one for each 20 elementary and junior high school students; one for each 5 senior high school students; and 10 for each 20 college classrooms
School, vocational	One for each 2 students and one for each employee
Swap meet, indoor	The number shall be established by a parking study as prescribed in Section 21.03.020(H)
Warehousing	One for each 1,000 square feet of gross floor area for the first 5,000 square feet of gross floor area. One for each 2,000 square feet of gross floor over 5,000 square feet, plus one for each vehicle stored on the premises
Uses not otherwise specified in this subsection	The number shall be established by a parking study as prescribed in Section 21.03.020(H)

Drive-Through Businesses. A stacking space at least one hundred twenty feet long and ten feet wide with eight feet of vertical clearance shall be provided for drive-through businesses. The stacking space shall not block any parking stalls or any portion of a traffic lane.

Driveways. The minimum width of driveways shall be twenty-six feet. Driveways shall have a minimum vertical clearance of eight feet.

Parking and Loading Study.

The director may require a parking and loading study. The parking and loading study shall be submitted to the director for approval. The action of the director shall be final unless appealed as prescribed in Section 21.01.030(F) of this title.

The parking and loading study shall be prepared by a registered traffic engineer. The study shall describe all proposed uses and show the recommended number and layout of parking stalls and loading areas including:

Standard, compact and handicapped parking stalls and the basis for the number of parking stalls proposed in each category;

Access;

Driveways, aisles and circulation patterns;

Landscaped areas;

Signs;

Such other information as the director may deem necessary to adequately and completely describe the plan.

The plan shall be approved as submitted or with conditions if the following findings are made:

The parking and loading plan will adequately provide for the parking and loading needs of the development;

The parking and loading plan will not adversely affect traffic patterns;

The parking and loading plan will not be detrimental to the public health, safety or welfare.

Recreational Vehicles.

Purpose. The purpose of the recreational vehicle (RV) code is to clearly define what is considered a recreational vehicle and to identify locations and standards for storage of recreational vehicles in residential zones and to identify requirements for temporary parking of recreational vehicles in order to protect the integrity, value and character of residential neighborhoods along with public health and safety.

Definitions. Recreational vehicles or RVs are defined to cover both recreational vehicles that are motorized and non-motorized.

"Motorized recreational vehicle"

means a motor home built on a truck or bus chassis or a van chassis which usually has a section overhanging the cab. All these vehicles are powered by internal combustion engines that run on gasoline, diesel, batteries or other fuel. Van campers and pickup truck campers are excluded from the recreational vehicle definition. Inoperative vehicles pursuant to Section 9.36.010(8) of the Glendora Municipal Code are prohibited.

"Non-motorized recreational vehicle"

means a conventional travel trailer or a fifth wheel trailer utilized for recreational purposes and designed to be towed by a vehicle. Boats, horse trailers, utility trailers for storing recreational equipment or other equipment and all-terrain vehicles stored on trailers utilized for recreational purposes are considered non-motorized recreational vehicles. Pickup truck camper shells which have been removed from the vehicle and stored are considered non-motorized recreational vehicles and shall conform to the provisions of this title.

The following diagrams represent examples of recreational vehicles as defined by this subsection and are not meant to be a complete list of examples:

RECREATIONAL VEHICLE EXAMPLES

Motor Home

5th Wheel Trailer

Travel Trailer

Tent Trailer

Sea-doo (or other equipment such as a boat or motorcycles) on trailer

Horse Trailer

Utility Trailer enclosed example

Utility Trailer open example

The following examples are exempt from the recreational vehicle definition:

Van Camper is excluded

Pickup Truck Camper is excluded

"Recreational vehicle storage"

means on-site residential parking of a recreational vehicle on a parking space approved for a recreational vehicle by this section that is separate from the required off-street parking for a single-family residence.

"Temporary recreational vehicle parking"

means short-term parking for the purposes of cleaning and prepping which can occur on a public street with a valid city permit issued by the city pursuant to Section 10.12.021 of the Glendora Municipal Code or on private property within the front setback on an approved driveway leading to a garage for a time period not to exceed seventy-two hours at any one time.

"RV yard area"

means those areas on a residential zoned parcel where an RV may or may not be stored relative to the main residential building and orientation to the street.

"RV front yard"

for the purposes of RV storage means a space extending the width of a parcel between the front property line and the front of the residence and not less than the required front setback for the zone. If the front of the residence varies relative to the front property line, the RV front yard shall follow the front of the residence, not an imaginary straight line taken from the nearest wall of the residence to the street.

"RV side yard"

for the purposes of RV storage means a space extending from the RV front yard area to the RV rear yard area between the side property line and the side wall of the main residence.

"Short RV side yard"

for the purposes of RV storage means a space between the side property line and the shortest side wall of the main residence and extending from the RV rear yard area up to three feet into the RV front yard area provided it does not extend beyond the main residence building line nearest the street, does not encroach into the front setback or into the required twenty-five-foot backout distance from the garage.

"RV rear yard"

for the purposes of RV storage means a space extending the width of a parcel between the rear property line and a line parallel with the rear wall of the main residence.

"Corner lot RV front yard"

for the purposes of RV storage means the street frontage with the property address.

"RV street side yard"

for the purposes of RV storage means the RV yard area adjacent to a street on a corner lot between the RV front yard as determined by the corner lot RV front yard definition and the RV rear yard.

"Irregular nonconforming RV lot"

for the purposes of RV storage means a lot where one side is twenty-five percent or less of the other side, resulting in a lot depth of less than one hundred feet. Lot depth is measured from the mid-point of the front lot line to the mid-point of the rear lot line.

"Irregular nonconforming RV lot side yard"

means the side yard for the narrowest side beginning at the side of the driveway farthest from the residence to the side property line of the narrowest side and extending from the front property line to the RV rear yard.

RV Yard Area Diagrams Examples (no scale):

Square residential layout

"L" residential layout

Corner lot RV yard area – Address and front door facing narrowest street frontage

Corner lot RV yard area – Address and front door facing longest street frontage

Nonconforming lot yard areas

Zones Which Allow RV Parking. Other than as permitted under Title 21 Use Table C and Route 66 Specific Plan Use Table 6-1, recreational vehicles may only be stored on single-family zoned lots or lots in which a single-family structure is occupying the parcel even though the lot may be zoned for multifamily structures. The ability to maintain storage of recreational vehicles on multiple-family zoned parcels shall only be permitted as long as there remains a sole single-family structure on the parcel. No commercial RV storage shall be permitted in any residential zone. Commercial RV storage facilities shall refer to Table C of Title 21 and Table 6-1 of the Route 66 Specific Plan in Title 21. In all cases, storage must maintain compliance with all other sections of this code.

Registered Owner. The registered owner of an RV stored on the property must either be the owner of the property or use the property as their primary residency. This subsection does not apply to a single RV stored on the property as a result of visiting guest(s) as long as the storage does not exceed seventy-two hours.

RV Storage Standards.

Front Yard RV Storage. No storage of recreational vehicles may occur in the front yard area or in front of the main residence of the property unless an administrative review permit has been granted, with the exception of a slight encroachment extending from the side yard into the front yard not to exceed three feet and does not encroach into the twenty-five-foot back-out distance from a garage and is screened with a six-foot wall or solid fence. The only other exception to this subsection shall be the temporary parking of the RV on a driveway leading to a garage for the purpose of prepping the vehicle for use or cleaning the vehicle after its usage. In no case shall that period of time exceed seventy-two hours. Recreational vehicle temporary parking within the front setback and/or in front of the main residence on driveways leading to a garage shall not encroach onto the sidewalk area or public right-of way. This subsection shall pertain to RV parking on private residential property. Temporary RV parking on public streets for any period of time is administered through Chapter 10.12 of the Glendora Municipal Code.

Rear Yard RV Storage. Storage of recreation vehicles in the rear yard area is permissible as long as there is a six-foot wall or solid fence to screen the vehicle from view. The RV shall not encroach closer to than two feet to any wall or fence. Screening walls, gates and fences shall be required to obtain any necessary review, approvals and permits.

Side Yard RV Storage. Recreational vehicle storage is permitted in the RV side yard area behind the front setback and behind the RV front yard provided it is screened to a height of six feet as required by this title.

RV side yard storage examples:

Side yard RV storage – Square residential building layout

Side yard RV storage – "L" residential building layout

Side yard corner lot RV storage, address and front door on narrowest frontage

Side yard corner lot RV storage—Address/front door on longest street frontage

RV side yard storage—Irregular nonconforming lots

Parking Surface for RV Storage. RV storage may be on any surface. If the surface is vegetation, it must be maintained pursuant to GMC Section 9.36.020(4).

Access to Side or Rear Yard Storage Area. Generally access to side or rear yard storage areas shall be from the existing driveway. However in some cases, the access may require the recreational vehicle to access over a curb and sidewalk. In those cases, the property owner shall be responsible for the maintenance and if determined by the public works director the replacement of curb and sidewalk damaged by such use.

Screening. Acceptable screening is considered a wall or solid fence structure that has obtained all required approvals and permits from the city. Materials for screen fencing shall be masonry, wood or wrought iron with view-obscuring material. Materials for screening gates shall be wood or wrought iron with view-obscuring material. In no case shall an RV screening wall or fence along the side yard or rear yard be higher or lower than six feet as measured to the highest finish grade. Recreational vehicle storage in a side yard area shall be screened from view from the public right-of-way as provided by this section. A gate is not required.

Temporary Coverings. No temporary coverings such as tarps or cloth screens are permitted. Fitted covers and permanent canopies are permitted and may be used as long as they are specifically designed for a recreational vehicle. All fitted covers and permanent canopies shall be maintained in good condition. Permanent canopies are structures which are permanently fixed to the ground and shall comply with all required building codes and Glendora Municipal Code Section 21.04.010(D)(2) Accessory Buildings.

10.

Living Quarters. Recreational vehicles shall not be used as living quarters when stored on residential or commercial property within the city except as provided in Section 19.20.140 of the Glendora Municipal Code.

11.

Temporary On-Street Parking. Temporary on-street RV parking shall be permitted for a maximum of seventy-two hours at any one time with an approved temporary RV street parking permit issued by the city as provided by Section 10.12.021, Early Morning Parking-Temporary Permits, of the Glendora Municipal Code.

12.

Grandfathering of 1993 RV Parking Exemptions. The recreation vehicles granted an exemption through the 1993 ordinance and recorded with the community preservation division shall continue to be recognized as valid until the specific vehicle referenced in the exemption is no longer located on the property.

13.

Enforcement. The effective date of the ordinance codified in this section shall be six months from the date of adoption by the city council.

14.

Administrative Review Permit for RV Storage in RV Front Yard.

Storage of an RV in an RV front yard area of a single-family residential zone or a multiple-family residential zone developed with only one residence is prohibited unless an administrative review permit is approved by the director of planning and redevelopment.

The application for an administrative review permit for RV storage in a RV front yard area shall be denied unless all of the following five findings for approval can be made:

(A)

The subject property is unique in size or configuration;

(B)

There is no available space in a garage, side yard or rear yard area which can accommodate the RV in conformance with this title;

(C)

The property can accommodate screening from view from the public right-of-way and surrounding properties with a six-foot high wall/fence and gate constructed with view obscuring material. The six-foot high wall/fence and gate screening does not encroach into the front yard setback area or twenty-five-foot back-out distance from a required garage;

(D)

The RV can be parked parallel to the side property line and as near the property line as possible;

(E)

Only one RV can qualify for an administrative review permit for RV front yard storage on the subject property.

The following development standards shall be incorporated into conditions of approval for the administrative review permit:

(A)

The RV storage space shall not encroach or block the required twenty-five-foot back-out distance from an approved garage;

(B)

The director may impose additional conditions as needed to ensure compliance with regulations and to reduce adverse impacts to surrounding neighborhood properties.

The administrative permit shall be approved or denied by the director of planning and redevelopment with appeal to the planning commission. The action of the planning commission, shall be based on findings in subsections (I)(14)(b)(A) through (E) and supported by factual findings in order to grant the appeal. The action of the planning commission shall be final with no further administrative appeal possible.

Off-Street Loading Standards. Every nonresidential use shall have permanently maintained off-street loading spaces pursuant to the following provisions.

The following minimum number of loading spaces shall be provided for each use:

Commercial, institutional, hospital and senior group housing uses:

Gross Floor Area	Spaces Required
Less than 5,000 sq. ft.	None
5,000—20,000 sq. ft.	One
Each additional 20,000 sq. ft.	One additional, maximum of 6

Office uses:

Gross Floor Area	Spaces Required
Less than 10,000 sq. ft.	None
10,000—40,000 sq. ft.	One
Each additional 20,000 sq. ft.	One additional, maximum of 4

Wholesale, warehousing, and industrial uses:

Gross Floor Area	Spaces Required
Less than 10,000 sq. ft.	One
Each additional 20,000 sq. ft.	One additional

Requirements for uses not specifically listed shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

The following design standards shall apply to all off-street loading spaces:

Dimensions. Required loading spaces shall be not less than fifteen feet in width, fifty feet in length, with fourteen feet of vertical clearance.

Lighting. Loading spaces shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of buildings. Any illumination shall be directed away from adjacent properties and public rights-of-way. Low level lighting shall be used where possible.

Location. Loading spaces shall be located and designed to ensure that all vehicular turning maneuvers occur on site. Loading spaces shall not be located in any required yard setback that is adjacent to a public right-of-way.

Screening. Loading areas adjacent to residentially zoned property shall have a six-foot-high solid architecturally treated wall with a stucco or equivalent finish or material approved by the director.

Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for loading only. The striping shall be maintained in a clear and visible manner.

Surfacing. Loading areas shall be surfaced with a minimum thickness of four inches of asphaltic concrete over a minimum thickness of six inches of an aggregate base material or as otherwise approved by the city engineer.

Accessory Dwelling Unit Standards. Parking is not required for an accessory dwelling unit or junior accessory dwelling unit.

(Ord. 2015 § 2, 2017; Ord. 2017 § 2, 2017; Ord. 2053 § 2, 2020)

§ 21.03.030 Nonconforming lots, structures, improvements, and uses.

Purpose. This section is intended to regulate the use and development of nonconforming lots, the use and alteration of nonconforming structures and improvements, and the continuation of nonconforming uses.

Nonconforming Lots. A nonconforming lot may be used, developed, or improved subject to the following:

A nonconforming lot shall only be allowed those uses that are permitted by the underlying zone and such uses shall be subject to all other provisions of this title. (Exception: See nonconforming uses in subsection D of this section.)

A nonconforming lot may be developed or improved provided that the nonconforming lot was legally created and the development or improvement and uses conforms to all provisions of the Glendora Municipal Code, including the standards of the applicable zone, with the exception of the nonconforming lot size, dimension or configuration. A nonconforming lot may not be developed or improved if the development or improvement does not conform to all provisions of the Glendora Municipal Code, except for lot size, dimension or configuration, unless a nonconforming lot development plan review permit is granted pursuant to Section 21.02.045 of this title and the nonconforming lot was legally created.

Nonconforming lots may be merged and/or reconfigured with conforming or nonconforming lots to create the same or fewer number of lots but which conform more closely to the applicable standards of the underlying zone subject to all other provisions of this title.

Nonconforming Structures and Improvements. A nonconforming structure or improvement may be used or altered subject to the following:

A nonconforming structure or improvement shall only be used for those uses that are permitted by the underlying zone and such uses shall be subject to all other provisions of this title. (Exception: See nonconforming uses in subsection D of this section.)

An addition to a nonconforming structure or improvement shall be subject to the applicable standards of the underlying zone and all other provisions of this title; however, the nonconforming structure or improvement shall not be required to conform to the provisions of this title.

The repair, maintenance, renovation, rehabilitation, or partial replacement of a nonconforming structure or improvement shall not result in a greater nonconformity to the provisions of this title.

The complete replacement of a nonconforming structure or improvement shall require that the replacement conform to the provisions of this title, unless the planning commission approves a request for an exception.

If the use of a nonconforming structure or improvement is discontinued for a period of one hundred eighty days or more, the nonconforming structure or improvement shall be removed or altered to conform to the provisions of this title, unless the planning commission approves a request for an extension of time.

Nonconforming Uses. The continuance of a nonconforming use is subject to the following:

A nonconforming use that is expanded, intensified, altered, terminated, abandoned, or discontinued for a period of one hundred eighty days or more shall be removed or altered to conform to the provisions of this title, unless the planning commission approves a request for a conditional use permit.

The development or improvement of any property shall require that all nonconforming uses be removed or altered to conform to the provisions of this title, unless the planning commission approves a request for a conditional use permit.

No nonconforming use may be expanded, intensified, or altered, unless the planning commission approves a request for a conditional use permit.

(Ord. 1618 § 1 Exh. A, 1993; Ord. 1645 §§ 1—4, 1996; Ord. 1712 § 2, 2000; Ord. 1857 § 2, 2007; Ord. 1859 § 2, 2007; Ord. 2081, 1/9/2024)

§ 21.03.040 Hazardous materials.

Purpose. The purpose of this section is to protect the public health, safety and welfare by controlling the use of hazardous materials.

Conditional Use Permit Required. An establishment using more than five hundred pounds or fifty-five gallons of hazardous materials or two hundred cubic feet of compressed gas in the aggregate at any one time shall obtain a conditional use permit as delineated in Section 21.02.020 of this title. Hazardous materials contained solely in a consumer product for direct sale or distribution to, and use by, the general public are exempted from the provisions of this subsection.

(Ord. 1618 § 1 Exh. A, 1993)

§ 21.03.050 Historic preservation.

Purpose. The purpose of this section is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements and areas within the city that reflect special elements of historical, architectural, archaeological, cultural or aesthetic heritage for the following reasons:

To encourage public knowledge, understanding, appreciation and use of the city's past;

To foster civic pride in the beauty and personality of the city and in the accomplishments of its past;

To identify and resolve, as early as possible, conflicts between the preservation of cultural resources and alternative land uses;

To encourage conservation of building material resources through maintenance and restoration of existing historical structures;

To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the city;

To encourage modification of historical buildings that is compatible with the historical character of such buildings;

To promote awareness of the economic benefits of historic preservation.

Powers and Duties of Planning Director Relating to Historical Preservation. The planning director shall have the following powers and duties regarding historical preservation:

Establish criteria for a comprehensive survey of properties within the city;

Conduct a comprehensive survey of properties within the city. The survey results shall be publicized and periodically updated;

Maintain a register of historic resources and landmarks within the city;

Review and comment, on an informal basis, upon the conduct of land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by the city, the county or state as they relate to the cultural resources of the community;

Recommend to the council the purchase of fee or less-than-fee interest in property for the purposes of cultural resource preservation;

Investigate and report to the council on the use of various federal, state, local and private funding sources and mechanisms available to promote cultural resource preservation;

Cooperate with local, county, state and federal governments and private organizations in the pursuit of the objectives of cultural resource preservation;

Render nonbinding advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or neighboring property within public view of a cultural resource, but shall not recommend specific contractors, distributors or manufacturers;

Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources and landmarks;

10.

Adopt guidelines to be used in reviewing applications to do work that affects a historic resource or landmark;

11.

Review applications for building and demolition permits and other similar entitlements as set forth in this section in accordance with the specific guidelines adopted by the commission;

12.

Review and make recommendations on applications for designation of historic resources and landmarks;

13.

Perform any other functions that may be designated by resolution or motion of the commission.

Historic Resource or Landmark Designation Findings. Historic resources or landmarks shall be designated based upon one or more of the following findings:

The proposed preserved features exemplify or reflect special elements of historical, architectural, archaeological, cultural or aesthetic heritage.

The proposed preserved features are identified with persons or events significant in local state or national history.

The proposed features embody distinctive characteristics of a style, type, period or method of construction or are valuable examples of the use of indigenous materials or craftsmanship.

The proposed preserved features are representative of the notable work of a builder, designer or architect.

Historic Resource or Landmark Designation Procedures.

Any person may request the designation of real property as a landmark or historic resource for the purpose of preserving an identified cultural resource on the property by submitting an application for such designation to the planning department. The commission or council may also initiate such an application on its own motion. When the property is privately owned, the application shall include the written consent of the property owner.

The planning department shall conduct a study of each proposed designation, make written reports on the applications, and transmit such reports to the council with its recommendation to approve or deny the designation.

The council shall hold a public hearing within sixty days of receiving the report of the planning department. Action shall be taken by resolution of the reviewing body. The resolution shall state the findings and facts relied upon in making such determination. The action of the council shall be final.

No building or demolition permits or other similar entitlements relative to a cultural resource proposed to be preserved by the designation of landmark or historic resource shall be issued while the public hearing is pending.

Notice of the date, place, time and purpose of the hearing shall be given by advertisement once in a newspaper of general circulation and by first class mail to the applicants and the owners and occupants of the proposed landmark or historic resource at least ten days prior to the date of the public hearing. The names and addresses of such owners shall be obtained from the latest equalized assessment rolls of the county assessor.

The designations of landmark and historic resource shall run with the land and be binding upon subsequent owners of the real property. Upon designation, the real property owner shall sign a certificate of landmark/historic resource designation. The city shall file the certificate for recording with the county recorder.

Historic Resource Permit Procedure. The following procedures shall be followed in processing applications for approval to do work on any preserved feature of a historic resource:

The building official shall report any application for a permit to do work that affects the exterior appearance of a preserved feature of a historic resource to the department. If the department determines that such proposed work will affect the exterior appearance of the preserved feature, the application shall be referred to the commission.

Applications shall be accompanied by plans and materials as required by the department and reasonably necessary for the proper review of the proposed work.

The commission shall make a decision within ninety days of acceptance of a complete application. Decisions shall be made at regular meetings of the commission. Decisions shall state the findings of fact and reasons relied upon in reaching the decision. The action of the commission shall be final unless appealed as prescribed in Section 21.01.030(F) of this title.

In the request for approval to wholly or partially demolish a preserved feature of a historic resource, the commission may require a grace period of up to six months from the date of application to encourage or facilitate the saving, salvaging, moving or photographing and documenting of the preserved feature. Permits may be issued after the grace period.

Notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants and the owners and occupants of the historic resource at least ten days prior to the date of the hearing.

Landmark Permit Procedure. The following procedures shall be followed in processing applications for approval to do work on any preserved feature of a landmark:

The building official shall report any application for a permit to do work that affects the exterior appearance of a preserved feature of a landmark to the department. If the department determines that such proposed work will affect the exterior appearance of the preserved feature, the application shall be referred to the commission.

Applications shall be accompanied by plans and materials as required by the commission and reasonably necessary for the proper review of the proposed work.

When no permit is required for proposed work that will affect the exterior appearance of a preserved feature, plans for such work shall be submitted to the commission for review.

Applications for demolition or relocation of preserved features outside city boundaries may only be approved by the council upon a showing of hardship by the applicant or the owner of the subject property.

Notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants and the owners and occupants of the landmark at least ten days prior to the date of the hearing.

Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any preserved feature that does not involve a change in design, material or external appearance, nor does this section prevent work on such feature when the building official certifies to the commission that such action is required for the public safety because of an unsafe or dangerous condition that cannot be rectified through the use of the California Historical Building Code. Nothing in this section shall be construed to prevent a public utility from trimming or removing trees that interfere with, prevent or threaten the reliability of service or safety in the operation of electric distribution, transmission or communication.

Duty to Keep in Good Repair. The owner of a historic resource or landmark shall keep in good repair all of the exterior portions of the preserved feature and all interior portions whose maintenance is necessary to prevent deterioration and decay of the exterior.

Showing of Hardship. The reviewing body shall approve or conditionally approve an application for a permit to carry out any proposed work on a preserved feature of an historic resource or landmark if disapproval would result in substantial hardship on the applicant because of conditions peculiar to the applicant or the preserved feature. The applicant shall submit a letter to the reviewing body indicating the facts upon which the hardship claim is based with any relevant evidence supporting the basis for the claim. The reviewing body may require additional information to determine substantial hardship. Within ninety days of the receipt of the hardship claim, the reviewing body shall hold a public hearing. In determining whether substantial hardship exists, the reviewing body shall consider the evidence submitted by the applicant and evidence that demonstrates, but is not limited to, the following:

Bona fide efforts to rent or sell the property have been unsuccessful;

Approval or conditional approval to do work permitted by this section will not enable the applicant to rent or sell the property at a reasonable rate of return;

It is not economically or technically feasible to renovate or undertake an alternative development compatible with the permit criteria outlined in this section;

Personal or economic circumstances exist, which preclude the applicant from performing work in compliance with the permit criteria outlined in this section;

Regulations and standards set forth in this title or Title 20 of this code preclude necessary renovations or a feasible use of the preserved feature.

The reviewing body may delay the decision on the application for a period not to exceed nine months to investigate plans to allow for a reasonable use of or return from the property or other measures to preserve the preserved feature, including selling the property to an individual or group that would preserve it. The reviewing body shall take action by resolution stating the findings and facts relied upon in making the decision.

(Ord. 1618 § 1 Exh. A, 1993; Ord. 1663 § 1, 1997; Ord. 1960 § 1, 2012; Ord. 1983 § 6, 2014)

§ 21.03.060 State model water efficient landscaping ordinance adopted by reference.

The city adopts by reference the California State Model Water Efficient Landscaping Ordinance (AB 1881), and any amendments thereto, as the law of the city. One copy of the California State Model Water Efficient Landscaping Ordinance has been, and is now, filed in the office of planning, and the ordinance is adopted by reference as if incorporated and set out in full in this chapter.

(Ord. 1996 § 3, 2015; Ord. 1997 § 3, 2015; Ord. 2043 § 3, 2019)

§ 21.03.070 Trip reduction and travel demand management.

Purpose. The purpose of this section is to promote the efficient use of existing and planned transportation infrastructure, maintain or improve traffic levels of service, lower motor vehicle emissions, minimize the number of peak vehicle trips generated by development, promote the use of alternative transportation, improve air quality and participate in regional and national efforts to improve travel demand management.

Review of Transit Impacts. Prior to approval of any applicable development for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), regional and local fixed-route transit operators providing service to the project shall be identified and consulted in accordance with CEQA. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of the ordinance codified in this chapter shall be exempted from its provisions.

The "Transit Impact Review Worksheet" contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommend transit service or capital improvements that may be required as a result of the project, and to recommend mitigation measures that minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft EIR prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Applicable development that is phased subject to a development agreement or that requires subsequent approval need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

Trip Reduction and Travel Demand Management Measures. Prior to approval and during the life of any applicable development project, the property owner shall provide for all applicable trip reduction and travel demand management measures specified below. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

Nonresidential development of twenty-five thousand square feet or more shall provide a bulletin board, display case or kiosk displaying transportation information in a location where the greatest number of employees are likely to see it. Information shall include, but not be limited to, the following:

Current maps, routes and schedules for public transit serving the site;

Telephone numbers for referrals on transportation information, including numbers for the regional ride sharing agency and local transit operators;

Ride sharing promotional material supplied by commuter-oriented organizations;

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

A listing of facilities available for car poolers, van poolers, bicyclists, transit riders and pedestrians at the site.

Nonresidential development of fifty thousand square feet or more shall comply with subsection (C)(1)(a) of this section and shall provide all of the following measures:

Not less than ten percent of the employee parking area (thirty percent of required parking for commercial uses, eighty-five percent for office/professional uses and ninety percent for industrial/manufacturing uses) shall be reserved for preferential parking. The preferential parking area shall be identified on the site plan upon application for zoning and building permits. A statement that preferential parking is available and a description of the method for providing such parking shall be included on the required transportation information board. Preferential parking stalls shall be signed or marked.

Preferential parking stalls reserved for van pools shall be accessible to van pool vehicles. A minimum vertical interior clearance of seven feet, two inches shall be provided for such parking stalls and access ways to be used by such vehicles. Adequate turning radii and parking stall dimensions shall be provided for van pool parking areas.

Bicycle racks or other secure bicycle parking facilities shall be provided to accommodate four bicycles for the first fifty thousand square feet and one bicycle for each additional fifty thousand square feet of nonresidential development. Calculations that result in a fraction of one-half or higher shall be rounded up to the nearest whole number. A bicycle parking facility may be a fully enclosed space or locker accessible only to the owner or operator of the bicycle. Specific facilities (e.g., racks, lockers and locked rooms) and locations shall be determined by the director.

Nonresidential development of one hundred thousand square feet or more shall comply with subsections (C)(2)(a) and (b) above and shall provide all of the following measures:

A safe and convenient zone in which van pool and car pool vehicles may deliver or board their passengers;

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the applicable development;

Transit improvements shall be provided if required by a final EIR to mitigate project impacts. The developer shall consult with local transit providers in determining appropriate improvements. Transit improvements and building entrances shall be designed to provide safe and efficient access to nearby transit facilities;

Safe and convenient access from the external circulation system to on site bicycle parking facilities.

Compliance. To ensure compliance, all improvements required by this section shall be in place prior to the issuance of certificates of occupancy. The director shall be responsible for determining whether the project has complied with this section.

(Ord. 1618 § 1 Exh. A, 1993)

§ 21.03.080 Recycling facilities.

Purpose. The purpose of this section is to regulate the locations of recycling facilities within the city to be compatible with adjacent land uses and to ensure the proper development, operation and maintenance of such facilities.

Development standards for single-feed reverse vending machines, with the exception of machines located within a commercial building:

Shall be established in conjunction with a host use, which is in compliance with applicable codes of the city, county and state;

Shall not obstruct pedestrian or vehicular circulation;

Shall not occupy setbacks, parking stalls or landscaped areas required for the host use and commercial center;

Shall occupy no more than fifty square feet of area per installation, including any enclosure, and shall be no more than eight feet in height;

Shall be constructed of durable waterproof and rustproof material;

Shall be clearly signed to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or responsible person to call if the machine is inoperative and a notice stating that no material shall be left outside the machine;

Shall have a sign area not to exceed four square feet per machine, exclusive of operating instructions;

Shall be maintained in a clean, litter-free condition on a daily basis;

Shall be illuminated to ensure safe operation if operating hours are between dusk and dawn;

10.

Exterior colors and materials shall be reviewed and approved prior to installation;

11.

Shall be located on the premises of the host use in manner to ensure harmony and continuity with the commercial use;

12.

Shall comply with all applicable laws and regulations;

13.

Shall not exceed noise levels of fifty-five dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy dBA;

14.

Shall accept only recyclable materials.

Development standards for small recycling collection facilities other than single-feed reverse vending machines are as follows:

Shall be established in conjunction with a host use, which is in compliance with applicable codes of the city, county and state;

Shall occupy no more than five hundred square feet, including any enclosure;

Shall accept only recyclable materials;

Shall use no power-driven processing equipment except for reverse vending machines;

Shall use containers constructed of durable waterproof and rustproof materials;

All recyclable material shall be stored in containers and shall not be left outside of containers when an attendant is not present;

Shall be maintained in a clean, litter-free condition on a daily basis;

Shall not exceed noise levels of fifty-five dBA as measured at the property line of residentially zoned or occupied property; otherwise shall not exceed seventy dBA;

Facilities within one hundred feet of a property zoned or occupied for residential use and requiring an attendant shall operate between nine a.m. and seven p.m. Self-service facilities shall be located at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the facility and the residential use;

10.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or responsible person to call if the machine is inoperative and a notice stating that no material shall be left outside the machine;

11.

Small recycling collection facilities may have signs, as described in subsection (C)(10) above, with a maximum of twenty percent per side or sixteen square feet per side, whichever is larger. In the case of a wheeled facility, the side will be measured from the pavement to the top of the container. Directional signs may be installed if deemed necessary;

12.

One parking stall shall be provided for the attendant's personal vehicle, if applicable;

13.

Shall not occupy setbacks, parking stalls or landscaped areas required for the host use and commercial center;

14.

Shall be located on the premises of the host use in a manner to ensure harmony and continuity with the commercial use;

15.

Shelter for the attendant shall be provided if necessary;

16.

Shall comply with all applicable laws and regulations;

17.

Shall be illuminated to ensure safe operation if operating hours are between dusk and dawn;

18.

Shall not obstruct pedestrian or vehicular circulation.

Development plan review pursuant to Section 21.02.040 is required for recycling facilities, except single-feed reverse vending machines in a commercial building.

(Ord. 1618 § 1 Exh. A, 1993; Ord. 1983 § 7, 2014)

§ 21.03.090 Urban runoff pollution.

Title. The ordinance codified in this section shall be known as "storm water and runoff pollution control" and may be referred to as such.

Statutory Authority. The provisions of this section are adopted pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

Purpose and Intent. The purpose of this section is to protect and improve water quality of receiving waters by:

Reducing illicit discharges to the municipal storm water system to the maximum extent practicable;

Eliminating illicit connections to the municipal storm water system;

Eliminating spillage, dumping, and disposal of pollutant materials into the municipal storm water system;

Reducing pollutant loads in storm water and urban runoff, from land uses and activities identified in the municipal NPDES permit.

The intent of this section is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; the municipal NPDES permit and any amendment, revision, or re-issuance thereof.

Definitions. For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the context that a different meaning is intended:

"Best management practice" or "BMP"

means any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollutants in storm water and non-storm water runoff.

"Clean Water Act"

means the Federal Water Pollution Control Act as amended, 33 U.S.C. 1251, et seq.

"Discretionary project"

means a development project which requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

"Executive officer"

means the executive officer of the California Regional Water Quality Control Board, Los Angeles.

"Good housekeeping practice"

means a best management practice related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.

"Illicit connection"

means any device through or by which an illicit discharge is conveyed into the municipal storm water system without a permit, including, but not limited to, floor drains, pipes or any fabricated or natural conduits, excluding roof drains which convey only storm water.

"Illicit discharge"

means the entry of any material other than storm water unless such discharge is exempted under California Regional Water Quality Control Board, Los Angeles Region, NPDES No. CAS004001 unless such discharge is allowed under a separate NPDES permit, including, but not limited to, a point source permit, a General Industrial Activity Storm Water Permit, or a General Construction Activity Storm Water Permit. Means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes or regulations. Illicit discharges include all non-storm water discharges except discharges pursuant to a NPDES permit or discharges that are excepted or conditionally excepted by such permit.

"Industrial activity"

means any of the ten classifications of industrial facilities specified in 40 Code of Federal Regulations Section 122.26(b)(14), defined by Standard Industrial Classification (SIC) and which is required to obtain a NPDES permit, not including construction activities that cause the disturbance of five acres of soil by clearing, grading, excavation, or a combination thereof.

"Low impact development"

means building and landscape features designed to retain or filter storm water runoff.

"LID manual"

means the county of Los Angeles Low Impact Development Standards Manual and all revisions/updates.

"Maximum extent practicable"

means, within the context of BMP selection, choosing effective BMPs, and rejecting applicable BMPs only: (a) where effective BMPs will serve the same purpose; (b) the BMPs would not be technically feasible; or (c) the cost would be prohibitive.

"Municipal NPDES permit"

means California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2012-0175, NPDES No. CAS004001 Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the county of Los Angeles.

"Municipal separate storm sewer system" or "MS4"

means those facilities within the city by which storm water discharge is conveyed to waters of the United States, including, but not limited to, flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and natural channels.

"New development"

means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

"Non-storm water discharge"

means any fluid discharge to the storm drain system and/or receiving waters that is not composed entirely of storm water.

"NPDES" or "National Pollutant Discharge Elimination System"

means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U. S. C. 1251, et seq., which authorizes discharges to waters of the United States.

"Owner" as applied to a building or real property,

means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or real property.

"Person"

means, within the context of this chapter, any natural person, firm, association, organization, partnership, business trust, corporation, or company.

"Pollutant"

means the same as it is defined in California Water Code Section 13373 and includes, but is not limited to, garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or non-toxic chemicals, metals, including batteries.

"Public works director"

means the director of public works of the city.

"Receiving waters"

means rivers, lakes, oceans, or other bodies of water that receive runoff.

"Redevelopment"

means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surfaces on an already developed site. It does not include routine maintenance to maintain original line and grade, hydraulic capacity or original purpose of facility nor does it include emergency construction activities required to immediately protect public health and safety.

"Regional Board"

means the appointed members of the California Regional Water Quality Control Board, Los Angeles Region.

"Runoff'

means the portion of rainfall or irrigation water or other water activities also known as dry-weather flows that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or the land and carry them to receiving waters.

"State Board"

means the State Water Resources Control Board of the California Environmental Protection Agency (hereinafter "SWRCB").

"Storm water runoff'

means any surface water flow produced by rain or snow melt.

"Urban runoff'

means surface water flow produced by non-storm water resulting from residential, commercial and industrial activities.

Illicit Discharges and Non-Storm Water Discharges.

No person shall cause or allow an illicit discharge to enter the municipal separate storm sewer system (MS4.)

Any person causing an illicit discharge to the MS4 may be required by the public works director to pay for the cost of clean-up and remediation.

Any owner of any private property from which a non-storm water discharge is observed may be required by the public works director to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.

The following non-storm water discharges are not considered illicit discharges:

Exempt discharges specified in the municipal NPDES permit, including flows from riparian habitats, diverted stream flows, springs, rising ground waters, uncontaminated groundwater infiltration; and discharges or flows from emergency fire fighting activities.

Conditionally exempt non-storm water discharges have been determined by the executive officer not to be significant sources of pollution. Such discharges include, but are not limited to landscape irrigation, potable water, foundation drains, footing drains, air conditioning condensate, irrigation water, lawn watering, water from crawl space pumps, dechlorinated swimming pool discharges, individual residential car washing, street or sidewalk washing, or any other discharge that the executive officer deems not to be a significant source of pollution such non-storm water discharges shall be conducted in a manner not in violation of other provisions of this chapter.

Non-storm water discharges specifically allowed under a separate NPDES permit, including but not limited to, a general industrial storm water activity permit or general construction storm water activity permit.

Illegal Disposal/Dumping. No person shall intentionally place, litter, accumulate, maintain, discharge, or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans.

Illicit Connections.

No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the MS4.

Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.

If any person fails to eliminate an illicit connection after being called upon by the city to do so, the public works director shall take appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of such illicit connection.

Reduction of Pollutants in Runoff. No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to storm water runoff.

The owner of parking lot surfaces, public or private, with a capacity of twenty-five spaces or more, shall cause the parking lot surface to be cleaned as often as necessary to remove refuse, residual oil, grease, or other pollutants that might otherwise be discharged to the MS4 by runoff.

Control of Pollutants from Commercial Facilities. Commercial facilities specified in the municipal NPDES permit shall implement BMPs prescribed by the regional board or its executive officer, through programs or actions made pursuant to the municipal NPDES permit, or by the city's director of public works, to minimize the discharge of pollutants to the MS4.

Control of Pollutants from Industrial Activities.

It shall be a violation of this chapter for any industry in the city that is subject to waste discharge requirements specified in the SWRCB Water Quality Orders No. 97-03-DWQ Permit No. CAS00001, to operate without a NPDES General Industrial Activities Storm Water Permit.

Industries that require a NPDES General Industrial Activities Storm Water Permit shall retain on-site the following documents which evidence compliance with permit requirements:

A copy of the Notice of Intent for General Permit to Discharge Storm Water Associated with Industrial Activity;

A waste discharge identification number issued by the SWRCB; and

A Storm Water Pollution Prevention Plan and Monitoring Program Plan.

Any industry in the city requiring a NPDES General Industrial Activities Storm Water Permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents described in paragraph B of this section.

Erosion and Sediment Control Plan (ESCP)—Control of Pollutants from Construction Activities.

No person shall be granted a grading permit or shall commence or continue any construction activity in the city that causes the disturbance of less than one acre or more of soil by clearing, grading, and excavating, without submitting an ESCP/local SWPPP for review and approval by the city.

No person shall be granted a grading permit or shall commence or continue any construction activity in the city that causes the disturbance of one acre or more of soil by clearing, grading, and excavating, without demonstrating to the city that such person has prepared a ESCP/SWPPP and obtained a NPDES General Construction Activity Storm Water Permit from the SWRCB. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). All structural BMPs must be designed by a licensed California civil engineer.

The landowner or landowner's agent must sign a statement for the SWPPP as follows:

"I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false and/or inaccurate information, failing to update the ESCP to reflect current conditions, or failing to properly and/or adequately implement the ESCP may result in revocation of grading and/or other permits or other sanctions provided by law."

NPDES construction activity does not include:

Routine maintenance to maintain original line and grade;

Hydraulic capacity;

The original purpose of the facility; or

Emergency construction activities required to immediately protect the public health and safety.

Any person engaged in a construction activity in the city requiring a NPDES construction permit shall retain at the construction site the following documents:

A copy of the Notice of Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction Activity;

A waste discharge identification number issued by the SWRCB;

A Storm Water Pollution Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit; and

Records of all inspections, compliance and non-compliance reports, evidence of self-inspection and good housekeeping practices.

Any person engaged in a construction activity in the city requiring a General Construction Storm Water Activity Permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents specified in paragraph B of this section and shall retain said documents for at least three years after completion of construction.

Control of Pollutants from Other Construction Activities. Any person engaged in a construction activity subject to the municipal NPDES permit, shall be required to implement BMPs specified by the regional board, its executive officer, or the city's public works director.

Control of Pollutants from New Development and Redevelopment—Low Impact Development (LID).

This section creates Glendora's Planning and Land Development Program for all new development and redevelopment to accomplish the following:

Lessen the water quality impacts of development by using smart growth practices such as compact development, directing development towards existing communities via infill or redevelopment, and safeguarding of environmentally sensitive areas.

Minimize the adverse impacts from storm water runoff on the biological integrity of natural drainage systems and the beneficial uses of waterbodies in accordance with requirements under CEQA (California Public Resources Code Section 21000 et seq.).

Minimize the percentage of impervious surfaces on land developments by minimizing soil compaction during construction, designing projects to minimize the impervious area footprint, and employing LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use.

Maintain existing riparian buffers and enhance riparian buffers when possible.

Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate BMPs (including source control BMPs such as good housekeeping practices), LID strategies, and treatment control BMPs.

Properly select, design and maintain LID and hydromodification control BMPs from the LID manual to address pollutants that are likely to be generated, reduce changes to pre-development hydrology, assure long-term function, and avoid the breeding of vectors.

Prioritize the selection of BMPs to remove storm water pollutants, reduce storm water runoff volume, and beneficially use storm water to support an integrated approach to protecting water quality and managing water resources in the following order of preference:

On-site infiltration, bioretention and/or rainfall harvest and use.

ii.

On-site biofiltration, off-site ground water replenishment, and/or off-site retrofit.

Applicability.

New Development Projects. Development projects subject to LID requirements during conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s), are:

All development projects equal to one acre or greater of disturbed area and adding more than ten thousand square feet of impervious surface area.

ii.

Industrial parks ten thousand square feet or more of surface area.

iii.

Commercial malls ten thousand square feet or more of surface area.

iv.

Retail gasoline outlets five thousand square feet or more of surface area.

Restaurants five thousand square feet or more of surface area.

vi.

Parking lots five thousand square feet or more of impervious surface area, or with twenty-five or more parking spaces.

vii.

Street and road construction of ten thousand square feet or more of impervious surface area shall follow USEPA guidance regarding managing wet weather with green infrastructure: Green Streets (December 2008 EPA-833-F-08-009 or most recent edition) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

viii.

Automotive service facilities five thousand square feet or more of surface area.

ix.

Redevelopment projects in subject categories that meet redevelopment thresholds identified in subsection (M)(2)(b) (Redevelopment projects).

Projects located in or directly adjacent to, or discharging directly to a significant ecological area (SEA), where the development will:

(A)

Discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and

(B)

Create two thousand five hundred square feet or more of impervious surface area.

xi.

Single-Family Hillside Homes. During the construction of a single-family hillside home, the following measures shall be implemented:

(A)

Conserve natural areas.

(B)

Protect slopes and channels.

(C)

Provide storm drain system stenciling and signage.

(D)

Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability.

(E)

Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.

Redevelopment Projects. Redevelopment projects subject to LID conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s), are:

Land-disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface are on an already developed site on development categories as stated in subsection (M)(2)(c)(i) (Integrated water quality/flow reduction/resources management criteria).

ii.

Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, the entire project must be mitigated.

iii.

Where redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, only the alteration must be mitigated, and not the entire development.

(A)

Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

(B)

Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious surface area.

New Development/Redevelopment Project Performance Criteria.

Integrated Water Quality/Flow Reduction/Resources Management Criteria.

(A)

Each new development and redevelopment project (referred to hereinafter as "new projects") shall control pollutants, pollutant loads, and runoff volume emanating from the project site by: (1) minimizing the impervious surface area; and (2) controlling runoff from impervious surfaces through infiltration, bioretention and/or rainfall harvest and use.

(B)

All projects shall retain on-site the stormwater quality design volume (SWQDv) defined as the runoff from:

(1)

The 0.75-inch, twenty-four-hour rain event or

(2)

The 85th percentile, twenty-four-hour rain event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map, whichever is greater.

(C)

Bioretention and biofiltration systems shall meet the design specifications provided in Attachment H of the MS4 NPDES permit.

(D)

When evaluating the potential for on-site retention, credit will include considering the maximum potential for evapotranspiration from green roofs and rainfall harvest and use.

ii.

Technical infeasibility may result from conditions including the following:

(A)

The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on-site;

(B)

Locations where seasonal high ground water is within ten feet of the surface;

(C)

Locations within one hundred feet of a ground water well used for drinking water;

(D)

Brownfield development sites where infiltration poses a risk of causing pollutant mobilization;

(E)

Other locations where pollutant mobilization is a documented concern;

(F)

Locations with potential geotechnical hazards; or

(G)

Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.

iii.

To utilize alternative compliance measures to replenish ground water at an off-site location, the project applicant shall demonstrate: (A) why it is not advantageous to replenish ground water at the project site; (B) that ground water can be used for beneficial purposes at the off-site location; and (C) that the alternative measures shall also provide equal or greater water quality benefits to the receiving surface water than the water quality/flow reduction/resource management criteria as listed in NPDES municipal permit from the Regional Board.

iv.

If the city determines a project has demonstrated that it is technically infeasible to retain one hundred percent of the SWQDv on-site, or is proposing an alternative off-site project to replenish regional ground water supplies, applicant will be required to comply with one of the alternative compliance measures as stated in the NPDES MS4 permit. The applicant will still be required to provide treatment for their on-site storm water runoff in the off-site project as approved by the city engineer.

Alternative Compliance Measures. Applicants may propose other off-site projects to utilize these alternative compliance provisions if they meet the requirements of five conditions for off-site projects and are approved by the city engineer.

Hydromodification (Flow/Volume/Duration) Control Criteria. All new development and redevelopment projects located within natural drainage systems must implement hydrologic control measures, to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. The purpose of the hydrologic controls is to minimize changes in post-development hydrologic storm water runoff discharge rates, velocities, and duration. This shall be achieved by maintaining the project's pre-project storm water runoff flow rates and durations.

Description.

(A)

Hydromodification control in natural drainage systems shall be achieved by maintaining the erosion potential (Ep) in streams at a value of 1, unless an alternative value can be shown to be protective of the natural drainage systems from erosion, incision, and sedimentation that can occur as a result of flow increases from impervious surfaces and prevent damage to stream habitat in natural drainage system tributaries (see municipal NPDES permit Attachment J - Determination of Erosion Potential).

(B)

Hydromodification control may include one, or a combination of on-site, regional or subregional hydromodification control BMPs, LID strategies, or stream and riparian buffer restoration measures. Any in-stream restoration measure shall not adversely affect the beneficial uses of the natural drainage systems.

(C)

Natural drainage systems that are subject to the hydromodification assessments and controls as described in the municipal NPDES permit, include all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip-rap) or drainage systems that are tributary to a natural drainage system, except as provided in the municipal NPDES permit "Exemptions to Hydromodification Controls." The clearing or dredging of a natural drainage system does not constitute an "improvement."

ii.

The following new development and redevelopment projects are exempt from implementation of hydromodification controls where assessments of downstream channel conditions and proposed discharge hydrology indicate that adverse hydromodification effects to beneficial uses of natural drainage systems are unlikely:

(A)

Projects that are replacement, maintenance or repair of a permittee's existing flood control facility, storm drain, or transportation network.

(B)

Redevelopment projects in the urban core that do not increase the effective impervious area or decrease the infiltration capacity of pervious areas compared to the pre-project conditions.

(C)

Projects that have any increased discharge directly or via a storm drain to a sump, lake, area under tidal influence, into a waterway that has a one hundred-year peak flow (Q100) of twenty-five thousand cfs or more, or other receiving water that is not susceptible to hydromodification impacts.

(D)

Projects that discharge directly or via a storm drain into concrete or otherwise engineered (not natural) channels (e.g., channelized or armored with rip rap, shotcrete, etc.), which, in turn, discharge into receiving water that is not susceptible to hydromodification impacts.

(E)

LID BMPs implemented on single-family homes are sufficient to comply with hydromodification criteria.

iii.

Hydromodification Control Criteria. The hydromodification control criteria to protect natural drainage systems are as follows:

(A)

Projects disturbing an area greater than one acre but less than fifty acres within natural drainage systems will be presumed to meet pre-development hydrology if one of the following demonstrations is made:

(1)

The project is designed to retain on-site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95th percentile, twenty-four-hour storm; or

(2)

The runoff flow rate, volume, velocity, and duration for the post-development condition do not exceed the pre-development condition for the two-year, twenty-four-hour rainfall event. This condition may be substantiated by simple screening models, including those described in Hydromodification Effects on Flow Peaks and Durations in Southern California Urbanizing Watersheds (Hawley et al., 2011) or other models acceptable to the Executive Officer of the Regional Water Board; or

(3)

The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a hydromodification analysis study and the equation presented in Attachment J in the current NPDES MS4 permit.

(B)

Projects disturbing fifty acres or more within natural drainage systems will be presumed to meet pre-development hydrology based on the successful demonstration of one of the following conditions:

(1)

The site infiltrates on-site at least the runoff from a two-year, twenty-four-hour storm event; or

(2)

The runoff flow rate, volume, velocity, and duration for the post-development condition does not exceed the pre-development condition for the two-year, twenty-four-hour rainfall events. These conditions must be substantiated by hydrologic modeling acceptable to the Regional Water Board executive officer; or

(3)

The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J.

Alternative Hydromodification Criteria.

The requirement for hydromodification controls may be satisfied by implementing the hydromodification requirements in the county of Los Angeles Low Impact Development Manual (2009) for all projects disturbing an area greater than one acre within natural drainage systems.

ii.

Each project may alternatively develop and implement watershed specific hydromodification control plans (HCPs).

iii.

The HCP shall identify:

(A)

Stream classifications.

(B)

Flow rate and duration control methods.

(C)

Sub-watershed mitigation strategies.

(D)

Stream and/or riparian buffer restoration measures, which will maintain the stream and tributary erosion potential at 1 unless an alternative value can be shown to be protective of the natural drainage systems from erosion, incision, and sedimentation that can occur as a result of flow increases from impervious surfaces and prevent damage to stream habitat in natural drainage system tributaries.

iv.

The HCP shall contain the following elements:

(A)

Hydromodification management standards.

(B)

Natural drainage areas and hydromodification management control areas.

(C)

New development and redevelopment projects subject to the HCP.

(D)

Description of authorized hydromodification management control BMPs.

(E)

Hydromodification management control BMP design criteria.

(F)

For flow duration control methods, the range of flows to control for, and goodness of fit criteria.

(G)

Allowable low critical flow, Qc, which initiates sediment transport.

(H)

Description of the approved hydromodification model.

(I)

Any alternate hydromodification management model and design.

(J)

Stream restoration measures design criteria.

(K)

Monitoring and effectiveness assessment.

(L)

Record keeping.

(M)

The HCP shall be deemed in effect upon executive officer approval.

LID Plan Review. The applicant for any development project shall submit a LID plan to the director for review and approval that provides a comprehensive, technical discussion of how the development project will comply with this code and applicable provisions specified in the LID manual. A deposit and fee to recover the costs associated with LID plan review shall be required. The time for obtaining LID plan approval shall be as follows:

For subdivisions, the LID plan shall be approved prior to the tentative map approval. An operation and maintenance plan will be part of the LID plan and include requirements to keep the BMPs in proper working order and all relevant costs for upkeep of BMPs.

ii.

For any development project requiring a conditional use permit ("CUP") or other discretionary entitlement required under the Glendora zoning code, the LID plan shall be approved prior to the issuance of any such CUP or other discretionary entitlement.

iii.

For all other development projects, the LID plan shall be approved prior to issuance of a grading permit for such development project or when no grading permit is required, prior to the issuance of a public permit for such development project or when no grading or building permit is required, prior to the commencement of any development activity or as otherwise indicated in the non-discretional land use approval.

iv.

After grading is complete and the LID plan has been implemented, a maintenance covenant will be prepared by the city, signed by the owner and recorded on the property prior to final occupancy.

The approved operation and maintenance plan shall be kept on-site for periodic review by city inspectors.

Notwithstanding anything contained herein to the contrary, the provisions of this chapter shall not apply to the following:

Exempt projects as defined in the municipal NPDES permit; and

Activities that do not qualify as a discretionary project.

Violation.

A violation of any provision of this chapter shall be a misdemeanor, except as otherwise provided herein.

Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every misdemeanor offense is punishable by imprisonment in the city or County Jail for a period not exceeding six months, or by fine not exceeding one thousand dollars, or both; provided, that where the city attorney determines that such action would be in the interest of justice, the city attorney may specify in the accusatory pleadings that the offense shall be an infraction.

Except as otherwise prescribed in this chapter, every offense specifically declared to be an infraction is punishable by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional infraction violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail. However, any person who has previously been convicted two or more times during any twelve-month period for any offense made punishable as an infraction shall be charged with a misdemeanor upon subsequent violation(s).

Payment of any penalty herein provided shall not relieve a person, firm, corporation, or any other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigation, analysis, and prosecution of the enforcement action against the guilty party; and the court shall fix the amount of any such reimbursements upon submission of proof of such cost by the city.

Notices of Violation—Administrative Orders. The director of public works, or the director's designees, may issue notices of violation and administrative orders to achieve compliance with the provisions of this chapter. Failure to comply with the terms and conditions of such a notice of violation or an administrative order shall constitute a violation of this chapter.

Nuisance. The violation of any provision of this chapter is hereby declared to be a nuisance, and may be abated by the city in accordance with its authority to abate nuisances.

Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available to the city under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.

Inspections—Searches. Whenever necessary to make an inspection to enforce any provisions of this chapter, the enforcement officer for the city may enter any property in the city regulated by this chapter in a manner authorized by state law.

Fees. The city council may establish fees for the services provided under this chapter and such fees shall be fixed and established from time to time by the city council by resolution.

(Ord. 1633 § 1, 1995; Ord. 1722 § 2, 2000; Ord. 1994 §§ 2, 4, 6, 2014)

§ 21.03.100 Wireless telecommunications facilities on private property.

Purpose and Intent.

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

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

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

The definitions in this section shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Glendora Municipal Code with respect to the regulations set forth in this chapter. However, if any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

"Amateur station"

means the same as defined by the FCC in 47 C.F.R. Section 97.3, as may be amended or superseded, which defines the term as "a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications." This term includes amateur radio antennas mast and related equipment used for amateur radio services.

"Approval authority"

means the city official or body responsible for application review and vested with authority to approve or deny such applications.

"Base station"

shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells).

Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in paragraphs (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

"Base station" does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in paragraphs (a) and (b) of this definition. Other structures that do not host wireless telecommunications facilities are not "base stations."

As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

"Code"

refers to the Glendora Municipal Code.

"Concealment"

means a facility that is integrated into or hidden behind an architectural feature of an existing structure and designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to a casual observer. Concealment techniques include, without limitation: (a) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying support structure; and (b) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality.

"Director"

shall mean the city's Director of Community Development or designee. The Director shall have all powers specified in Section 13.20.040(a) as may be appropriate to the administration of private property wireless facilities and applied to the planning director for purposes of this section's administration.

"Eligible facilities request"

means the same as defined in 47 U.S.C. Section 1455(a)(2), as may be amended or superseded, and as interpreted by the FCC in 47 C.F.R. Section 1.6100(b)(3), as may be amended or superseded. "Eligible facilities request" means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:

Collocation of new transmission equipment;

Removal of transmission equipment;

Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or

Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.

"Eligible facilities request"

does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. "Eligible facilities request" does include collocation facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code Section 65850.6.

"FCC"

means the Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. Sections 151 et seq., or its duly appointed successor agency.

"OTARD"

means any "over-the-air reception device" subject to 47 C.F.R. Sections 1.4000 et seq., as may be amended or superseded, which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.

"Personal wireless service facilities"

mean the same as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded, which defines the term as facilities that provide personal wireless services.

"Personal wireless services"

mean the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

"RF"

means radio frequency.

"Section"

means this Section 21.03.100 collectively.

"Section 6409"

means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended. Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. Section 1455(a), reads in pertinent part: "…a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." See definition for "eligible facilities request."

"Shot clock"

means the presumptively reasonable time defined by the FCC in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.

"Small wireless facilities"

are mounted on structures fifty feet or less in height including their antennas, are mounted on structures no more than ten percent taller than other adjacent structures; or do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; or are otherwise defined by the FCC in 47 C.F.R. Section 1.6002(l), as may be amended or superseded. They may be new or preexisting structures.

"Stealth" or "stealthed"

means any wireless facility designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include without limitation street light, faux tree, water tower, or flag pole designs.

"Substantial change"

has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.6100(b)(7). Where there is a conflict or incompleteness in the below definitions, the FCC definition shall prevail. A modification that substantially changes the physical dimensions of an eligible support structure that is not located in the public right-of-way if it meets any of the following criteria:

It increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

It involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty feet in any direction. The site boundary from which the thirty feet is measured excludes any access or utility easements currently related to the site;

It would defeat the concealment elements of the eligible support structure; or

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Sections 1.40001(b)(7)(i) through (iv).The thresholds and conditions for a "substantial change" described in this section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base stations.

"Tower"

bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. Section 1.40001(b)(9), including, without limitation, a freestanding mast, pole, monopole, guyed tower, lattice tower, free-standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

"Wireless facility"

means a personal wireless service facility including any facility, base station or tower that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other associated installation development.

"Zoning Code"

means the city of Glendora Zoning Title 21.

Applicability.

General/Wireless Facilities on Private Property. This section applies to all requests for the city's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on private property within the city's territorial and jurisdictional boundaries, unless expressly exempted pursuant to Section 21.03.100(C)(5) hereof. Chapter 13.20 of the code applies to wireless facilities in the public rights-of-way. This section governs the processing and review of wireless applications on public or private property that is not within the public right-of-way.

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

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

Eligible Facilities Requests/Policy. Notwithstanding anything in this section to the contrary, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 are subject to a permit as specified in a city council policy, which may be adopted and/or amended by a resolution of the city council (the "eligible facilities request policy"). All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the eligible facilities request policy. If the eligible facilities request policy is not adopted for any reason, or is repealed and not replaced, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall be processed pursuant to this section.

Exemptions. Notwithstanding anything in this section to the contrary, this section does not apply to the following:

Wireless facilities operated by the city for public purposes;

Wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber's private residence;

OTARD antennas;

Antennas and related transmission equipment used in connection with a duly authorized amateur station;

Wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D;

Wireless facilities within public rights-of-way are governed by Chapter 13.20.

Required Permits and Other Approvals.

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

Minor Wireless Facility Permit (Minor WFP). A Minor WFP is an administrative approval that is reviewed and approved by the Director as the approval authority.

Stealth or concealed wireless facilities on private property in preferred locations as described in Section 21.03.100(I)(2) that do not meet the definition of a major wireless facility and do not require a special exemption under Section 21.03.100(N), and/or

Small wireless facility applications.

Major Wireless Facility Permit (Major WFP). All other new, collocation, or replacement wireless telecommunications facilities that are not qualified for an administrative Minor WFP shall be subject to a conditional use permit (CUP) for a Major WFP. These are reviewed and approved by the planning commission as the approval authority in conjunction with Section 21.02.020(B), subject to planning commission hearing and approval unless otherwise provided for in this section and provided the findings in Section 21.03.100(H)(2)(a) can be made, or the proposed facility is subject to a special exemption under Section 21.03.100(N).

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

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

Written Decision Required for all Determinations. Within five days after any decision to grant, approve, deny or conditionally grant an application, the director shall provide written notice including the following:

A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence;

A general description of the property involved;

Information about applicable rights to appeal, if any, the decision and explanation of how that right may be exercised; and

To be given by first class mail to:

The project applicant and property owner,

ii.

Any person who submitted written comments concerning the.

iii.

Any person who has filed a written request with the city to receive such notice, and

iv.

Any homeowner association on file with the city that has jurisdiction over the facility site.

Once a facility is approved, no changes shall be made to the approved plans without review and approval in accordance with this chapter.

Permit Applications.

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

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

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

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

Eligible Facilities Request.

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

Application form as developed and modified from time to time by the director.

Fee as adopted in the Master Fee Schedule.

Project narrative describing the project and it meets the definition of an EFR.

Ownership and consent affidavit.

Vicinity map drawn to scale showing all land uses within one hundred feet.

If on city-owned property, signed authorization from the city.

All prior permit authorizations issued for the existing structure as may be required.

Evidence that the proposed wireless facility will comply with all applicable FCC regulations.

Site photographs.

Site plan drawn to appropriate scale showing proposed wireless facility, building footprints, adjacent uses, landscaping, rights-of-way, easements, and relevant utility infrastructure and a site data table.

Full-color or architectural elevations of the proposal with dimensions and materials labeled.

Photo simulations of the proposal.

The planning division may require other submittal items, studies, and information as necessary to determine that the proposal meets the standards within this section.

Such other information as reasonably and legally requested by the city.

Approvals, Denials.

Notice of Shot Clock Expiration. The city acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the city must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the city written notice of the expiration of any shot clock, which the applicant shall ensure is received by the city (e.g. overnight mail) no later than twenty days prior to the expiration.

Public Notice. EFR application shall not require notice.

Required Findings. For applications proposing an EFR, the director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:

That the application qualifies as an eligible facilities request; and

ii.

That the proposed facility will comply with all generally applicable laws.

Decisions. all administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings.

Minor Wireless Facilities Permit.

Complete Submittal Minor WFP. An application for a Minor WFP must include the same submittal requirements as an EFR, with the following:

The planning division may require other submittal items, studies, and information as necessary to determine that the proposal meets the standards within this section.

Whether the proposed facility is in a preferred or discouraged location and whether or not it is a preferred support structure or not.

If in a discouraged location, a meaningful comparative analysis of alternatives that no more favored location under Section 21.03.100(I)(2) or less discouraged location under Section 21.03.100(I)(4) and favored support structure under Section 21.03.100(I)(5) would be technically feasible, potentially available, and/or was not selected.

Such other information as reasonably and legally requested by the city.

Approvals, Denials.

Notice—Decisions. Minor WFP application shall not require notice. However, all administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings.

Required Findings. For applications proposing a Minor WFP, such applications shall be approved administratively if, based on the application and other materials or evidence provided, all the following findings can be made:

The proposed wireless facility is either: (a) in a "preferred location" (Section 21.03.100(I)(2) below); or (b) the proposed wireless facility is in a discouraged location and the applicant has demonstrated through a meaningful comparative analysis that no more favored location under Section 21.03.100(I)(4) and favored support structure under Section 21.03.100(I)(5) would be technically feasible and potentially available;

ii.

The proposed wireless facility complies with all applicable development and aesthetic standards in this code and any other applicable regulations;

iii.

The applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions;

iv.

The applicant has provided a signed acknowledgment that indicates its willingness to allow other carriers and site operators to collocate transmission equipment with the proposed wireless facility, to the extent such facility or portions thereof are owned or controlled by the applicant, whenever technically feasible and aesthetically desirable in accordance with applicable provisions in this code;

Demonstrated the proposed installation is designed, stealthed, and/or concealed to be aesthetically compatible with the surrounding built and/or natural environment to the extent technically feasible.

vi.

Decisions. All administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings.

vii.

Appealability. Appeals on Minor WFP administrative decisions shall proceed as provided in accordance with the appeal provisions in Title 21 of the Glendora Municipal Code, Sections 21.01.030(F) and 21.03.100(L). The appellate authority may hear the appeal de novo.

Major Wireless Facility Permit.

Complete Submittal Major WFP. An application for a Major WFP must include the same submittal requirements as an EFR and a Minor WFP, with the following additional items:

Public notices as required.

Pre- and Post-Decision Notices Required. Notice of any WFP project application subject to this section shall be subject to all those notice requirements (pre- and post-final determination) set forth in Section 21.03.100(H)(d).

The planning division may require other submittal items, studies, and information as is necessary to make a recommendation to planning commission.

Approvals, Denials.

Required Findings. The approval authority may approve a wireless facility application only when the approval authority makes all the following findings:

ii.

The proposed wireless facility complies with all applicable development and aesthetic standards in this code and any other applicable regulations;

iii.

The applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions;

iv.

In addition, applications for WFPs shall demonstrate the proposed installation is designed, stealthed, and/or concealed to be aesthetically compatible with the surrounding built and/or natural environment to the extent technically feasible; and

vi.

The general conditional use permit findings set forth in Section 21.02.020(E) are not applicable to Major WFPs.

Appealability. Appeals on Major WFP decisions shall proceed as provided in accordance with the appeal provisions in Title 21 of the Glendora Municipal Code, Sections 21.01.030(F) and 21.03.100(L). The appellate authority may hear the appeal de novo.

Notice—Decisions. Any Major WFP application shall require notice and a public hearing. Notice of such hearing shall be provided in accordance with Glendora Municipal Code Section 21.01.030, which includes mailed noticing to all property owners within five hundred feet of the proposed wireless telecommunication facility. Public notices shall include color photo simulations from three different angles depicting the wireless telecommunication facility as proposed to be considered by the planning commission. If the application proposes the use of an existing or replacement eligible support structure, such simulations shall be posted upon the proposed support structure for a period of at least thirty days prior to the date of approval; such posted simulations shall remain in-place until final decision on the application is reached.

Location Standards.

Preface to Location Standards. This subsection sets out criteria to determine whether a wireless facility is proposed in a preferred location and on a most preferred support structure, or if a facility must be located in a discouraged location (due to technical feasibility or availability) then the facility should be located in a most favored land use designation. The city cumulatively considers whether the facility is in a preferred location and on a preferred support structure to evaluate the least intrusive means for an applicant to provide its services to the public. Section 21.03.100(I)(2) describes land use designations where wireless facilities are in a "preferred location" and thus not subject to an alternative sites analysis. Section 21.03.100(I)(4) provides specific locations where wireless facilities are discouraged. It is possible for a proposed facility to be simultaneously in a "preferred" zone but also in a "discouraged" location, such as a Major WFP proposal within an industrial zone (a "preferred" location) that also happens to be within one hundred feet from a residence (a "discouraged" location). In such cases and unless the facility is on city-owned property or a stealthed facility on an existing building or structure outside of a residential zone, the location would not be deemed to be a "preferred" location under Section 21.03.100(I)(2), and thus shall be subject to an alternative sites analysis presenting the least disfavored location under Section 21.03.100(I)(4) and the most preferred support structure technically feasible and potentially available under Section 21.03.100(H)(5). The search distance for any preferred location shall be a one-quarter mile radius.

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

Existing Buildings and Structures Outside of Residential Zones. A stealthed and/or concealed facility on any existing building or structure located outside of a residential zone shall be a preferred location (note, stealthed and/or concealed facilities located on an existing building and/or structure outside of a residential zone are not subject to a one hundred-foot set back to residential uses);

City-Owned Properties Including Parks—Facilities on City-Owned Properties. Support structures and locations on city-owned properties are always preferred locations and exempted from being classified as discouraged locations according to the standards in Section 21.03.100(I)(4);

Parcels within manufacturing and industrial zoning districts;

Parcels within commercial and professional zoning districts; or

Parcels within special zoning districts including planned development zones that are not predominantly residential.

Discouraged Locations. When an application involves a facility in a discouraged location, applications must include a written justification, supported by factual and verifiable evidence, that shows that no more preferred location is technically feasible and potentially available. The approval authority shall consider whether any alternative site within a preferred location would be technically feasible and potentially available. If no such preferred location alternative exists, the approval authority shall consider whether any less discouraged location would be technically feasible and potentially available per the ranking of locations listed in Section 21.03.100(H)(3)(c) hereof. The following locations are all "discouraged" and ordered from most discouraged to least discouraged:

Within one hundred feet from a structure approved for residential use;

Within one hundred feet from a local, state, or nationally designated historic property, structure, or district;

Parcels within residential zoning districts except stealthed facilities on city-owned properties, places of assembly including, without limitation, churches, public and institutional uses, and/or schools and educational institutions (note the one hundred-foot setback to nearest residential use still applies if a Major WFP); or

Parcels within special districts including planned development zones that are predominantly residential.

Support Structure Preferences. When an application involves a facility in a discouraged location, applications must include a written justification, supported by factual and verifiable evidence, that shows that no more preferred support structure is technically feasible and potentially available. the approval authority shall, in addition to considering the most favored location in Section 21.03.100(I)(4), consider whether any more preferred support structure would be technically feasible and potentially available. The approval authority may require the applicant to use a more preferred support structure when the alternative is technically feasible and potentially available. The city's preferences for support structures are as follows, ordered from most preferred to least preferred, as long as the structure is not simultaneously in a discouraged location:

Collocation on an existing structure with existing wireless facilities;

Installations on a rooftop;

Installations on a building façade;

A stealthed or concealed freestanding facility;

Stealthed or concealed installations within the public rights-of-way;

Installations on a replacement pole(s) within private streets;

Installations on a new freestanding structure within private streets.

Design Standards.

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

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

Building-Mounted Wireless Facilities. In addition to all other design requirements in this section, the following provisions shall be applied to a wireless facility installed on a building rooftop or façade:

Architectural Integration. Non-tower wireless facilities should be completely concealed and architecturally integrated into the existing façade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or façades replaced with RF transparent material and finished to mimic the replaced materials).

Concealment When Integration Not Feasible. Alternatively, when integration with existing building features is not feasible, structures must be completely concealed or appurtenances designed to mimic the support structure's original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.

Rooftop Wireless Facilities. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish to the maximum extent practicable. The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.

Façade-Mounted Wireless Facilities. When wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve façade-mounted equipment in accordance with this section. All façade-mounted equipment must be concealed behind screen walls and mounted as flush to the façade as practicable. The approval authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. To the extent feasible, façade-mounted equipment must be installed on the façade(s) along the building frontage that is the least prominent or publicly visible.

Towers and Freestanding Wireless Facilities. In addition to all other design requirements in this section, the following provisions shall be applied to a tower or other freestanding wireless facility:

Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat/neutral colors subject to the approval authority's prior approval.

Ground-Mounted Equipment. To the extent technically feasible all ground-mounted equipment must either be concealed underground, or concealed within an existing or new structure, or other enclosure(s) or stealth design subject to the approval authority's prior approval. The approval authority may require additional concealment or stealthing elements as the approval authority finds necessary or appropriate to blend the ground-mounted equipment, enclosure and/or other improvements into the natural and/or built environment.

Faux Trees. In addition to all other design requirements in this section, the following provisions shall apply:

Shape and Branching. Faux trees shall be designed and shaped from bottom to top to resemble the natural tree shape associated with the actual tree species that the faux tree is intended to resemble.

ii.

Bark Cladding. The entire tower above any fence line shall be fitted with faux-bark cladding, painted or colored with browns or other appropriate earth tones to mimic natural tree bark resembling the actual tree species that the faux tree is intended to resemble.

iii.

Equipment Stealthing. All antennas, accessory equipment, cross arms, hardware, cables and other attachments to the faux tree must be painted or colored with a flat greens, browns or other appropriate earth tones to blend into the faux branches. All antennas, remote radio units, tower-mounted amplifiers and other similar equipment larger than one cubic foot shall be fitted with a faux tree "sock" with faux leaves. No tower-mounted equipment shall be permitted to protrude beyond the faux branch canopy such that it would materially alter the applicable tree shape.

iv.

Material Selection and Approval. All materials and finishes used to stealth wireless facilities mounted on a faux tree shall be subject to prior approval by the planning division. Applicants shall use only high-quality materials to stealth the wireless facility. The applicant shall use color-extruded plastics for elements such as the faux leaves and faux bark cladding to prolong the like-new appearance and reduce fading caused by exposure to the sun and other weather conditions.

Other types of stealth facilities include, but not limited to, faux water towers, faux clock towers, etc.

Other types of stealth facilities will be considered on a case-by-case basis and shall be subject to prior approval by the planning division.

ii.

Faux facilities shall be designed and shaped from bottom to top to architecturally resemble the structure they are emulating.

iii.

Applicants shall use only high-quality materials to stealth the wireless facility.

iv.

Equipment Stealthing. All antennas, accessory equipment, cross arms, hardware, cables and other attachments to the faux facility must be painted to match the facility and stealthed to be within or appear as an integral architectural element.

Material Selection and Approval. All materials and finishes used to stealth wireless facilities mounted shall be subject to prior approval by the planning division.

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

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

Landscaping. All ground-mounted equipment shelters shall be screened by walls, fences, trellises, or landscaping at least six feet in height so as to completely screen, camouflage and/or obscure visibility of any ground-mounted equipment from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure. Additionally, landscaping shall be of a type and variety, and installed at sufficient size, to be capable of growing within one year to a landscape screen which obscures the visibility or camouflages the equipment shelter or antenna as appropriate. Irrigation shall also be installed when needed to maintain landscaping.

Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be ground-mounted the minimum size necessary to reasonably accommodate the proposed use and comply with applicable safety codes.

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

10.

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

11.

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

12.

Secondary Power Sources including Backup Generators. The approval authority may approve secondary or backup power sources and/or generators as required by state law. The approval authority shall not approve any permanent diesel generators or other similarly noisy or noxious generators in or within one hundred feet from any residential structure absent a preemption in state and/or federal law or rulemaking, the showing of extraordinary need by clear and convincing evidence, such as a declared public emergency. A conditional use permit is required, unless otherwise exempted, if a proposal is using more than five hundred pounds or fifty-five gallons of hazardous materials or two hundred cubic feet of compressed gas in the aggregate at any one time shall obtain a conditional use permit as delineated in Sections 21.02.020 and 21.03.040 of this title.

13.

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

14.

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

15.

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

16.

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

Standard Conditions for Approved Permits.

General. All EFR, Minor WFP and Major WFP wireless facilities approved under this section or deemed approved by the operation of law shall be subject to the following conditions:

Permit Term; Approval Applies to Land. The permit will automatically expire twenty years and one day from its issuance. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes, without limitation, any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. No change in ownership of the wireless facility, the site, or the subject property shall affect the permit term. This permit may not be transferred to another site or property.

Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject wireless facility complies with all the conditions of approval associated with its permit and all applicable provisions in this code that exist at the time the decision to renew or not renew is rendered. The director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this code or other applicable law. Upon renewal, this permit will automatically expire twenty years and one day from its issuance. Additional permit renewals shall be subject to the procedures in this condition.

Permit Expiration. This permit will automatically expire eighteen months from the approval date (the "build-out period") unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support structure or the wireless facility and its use. The permittee may request in writing, and the Director may grant in writing, one six-month extension to the build-out period if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for a six-month extension. If the build-out period (and any extension) finally expire, the permit shall be automatically void but the permittee may resubmit a complete application, which includes, without limitation, all application fees, for the same or substantially similar project.

Approved Plans. Any construction plans submitted to the building official shall incorporate the permit, together with all conditions of approval and the photo simulations associated with the permit (collectively, the "approved plans"). The permittee must construct, install and operate the wireless facility in substantial compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, shall be subject to the director's prior review and approval. After the director receives a written request to approve an alteration, modification or other change to the approved plans, the director may refer the request to the original approval authority if the director finds that it proposes a substantial change from the approved plans or implicates a significant or substantial land-use concern.

Post-Installation Certification. Within sixty calendar days after the permittee commences full, unattended operations at a wireless facility, the permittee shall provide the director with documentation reasonably acceptable to the director that the wireless facility has been installed and/or constructed in strict compliance with the approved plans. Such documentation shall include without limitation as-built drawings, GIS data and site photographs. The director or their designee shall either certify in writing that the wireless facility complies with the approved plans or order the permittee to correct any noncompliance.

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by Section 8.20.070. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons. The director may issue a stop work order for any activities that violates this condition in whole or in part.

Compliance with Applicable Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit. If the director finds good cause to believe that the wireless facility is not in compliance with any laws applicable to human exposure to RF emissions, either individually or cumulatively with other transmitters in the vicinity, the director may require the permittee to submit a written report certified by a qualified radio frequency engineer familiar with the wireless facility that certifies that the wireless facility is in compliance with all such laws. The director may order the facility to be powered down if, based on objective evidence, the director finds that the wireless facility is not in compliance with any laws applicable to human RF emissions exposure until such time that the permittee demonstrates compliance with such laws.

Site Maintenance. The permittee shall keep the site area, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean, safe and code compliant condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. Routine maintenance shall be restricted to normal construction work hours specified in Section 8.20.070. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within forty-eight hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

Landscape Features. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the city. The permittee shall, at all times, be responsible to maintain any replacement landscape features.

Abandonment. The permittee shall notify the director when the permittee intends to abandon or decommission the wireless facility authorized under this permit. In addition, the wireless facility authorized under this permit shall be deemed abandoned if the wireless facility has not operated for any continuous six-month period and the permittee fails to resume operations within ninety days from a written notice from the director. Within ninety days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation this code. The permittee and/or property owner may request an extension to complete restoration to one hundred eighty days after a wireless facility is abandoned or deemed abandoned, which the director may grant if the applicant presents evidence of good cause for the extension. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within the required period, the city shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the city in connection with such removal and/or restoration activities; the city may also collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility or associated equipment.

Inspections—Emergencies. The permittee expressly acknowledges and agrees that the city's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee and/or property owner. Notwithstanding the prior sentence, the city's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee and/or property owner, if present, may observe the city's officers, officials, staff or other designees while any such inspection or emergency access occurs.

Safety Hazard Protocol. If Los Angeles County Fire Department finds good cause to believe that the wireless facility presents an immediate fire risk, electrical hazard or other threat to public health and safety in violation of any applicable law, the fire chief or designee may order the facility to be shut down and powered off until such time as the immediate threat has been mitigated, after a good faith effort is made to notify the applicant, if feasible. Any mitigations required shall be at the permittee's sole cost and expense.

Contact Information. Prior to final inspection and at all times relevant to this permit, the permittee shall keep on file with the planning division basic contact and site information. This information shall include, but is not limited to, the following: (1) the name, physical address, notice address (if different), direct telephone number and email address for: (A) the permittee and, if different from the permittee, the (B) site operator, (C) equipment owner, (D) site manager, and (E) agent for service of process; (2) the regulatory authorizations held by the permittee and, to the extent applicable, site operator, equipment owner and site manager as may be necessary for the facility's continued operation; (3) the facility's site identification number and/or name used by the permittee and, to the extent applicable, site operator, equipment owner and site manager; and (4) a toll-free telephone number to the facility's network operations center where a live person with power-down control over the facility is available twenty-four hours-per-day, seven days-per-week. Within ten business days after a written request by the city, the permittee shall furnish the city with an updated form that includes all the most-current information described in this condition.

Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, city council and the city's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "indemnitees") from any and all: (A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("claims") brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the city's approval of this permit; and (B) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with this permit or the wireless facility. The permittee acknowledges and agrees that the city shall have the right to approve legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the city for any costs and expenses directly and necessarily incurred in its defense.

Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by city's risk management. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured. The permittee shall use its best efforts to provide thirty days prior notice to the community development director of to the cancellation or material modification of any applicable insurance policy.

Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred percent of the cost of removal of the facility as specified in the application for the WFP or as that amount may be modified by the community development director in the permit based on the characteristics of the installation and shall not be less than one hundred fifty percent of the value of the structure based on building permit valuation. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes, without limitation, the WFP application, the WFP, the approved plans and photo simulations incorporated into such approval, all conditions associated with the approval, any ministerial permits or approvals issued in connection with the WFP approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, "records"). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the city's regular files will control over any conflicts between such city-controlled copies or records and the permittee's electronic copies.

Permit Revocation.

Any EFR or WFP approval may be revoked for failure to comply with any imposed conditions, any city standard, or any applicable code, regulation or law. Said revocation shall be preceded by notice and a reasonable opportunity to cure. The decision of the community development director to revoke an approval shall be final unless appealed to the planning commission within fifteen calendar days after the date of such decision in accordance with the Section 21.01.030(F).

Any Major WFP approval may be revoked in accordance with Section 21.02.020(J) and the appeal procedures attendant thereto.

Truthful and Accurate Statements. The permittee acknowledges that the city's approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee's behalf. In any matter before the city in connection with the permit or the wireless facility, neither the permittee nor any person authorized to act on permittee's behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading.

City's Standing Reserved. The city's grant or grant by operation of law of a permit does not waive, and shall not be construed to waive, any standing by the city to challenge any provision in federal or state law or any interpretation thereof.

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

Legal Nonconforming Wireless Telecommunications Facilities on Private Property.

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

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

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

Special Exceptions for Federal or State Preemption.

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

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

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

Burden of Proof. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this subsection. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant's request for an exception.

(Ord. 2071 § 3, 2022)

§ 21.03.110 Marijuana dispensaries and outdoor cultivation prohibited in all zones.

A marijuana dispensary as defined under Sections 9.64.020 and 21.01.020(C) of this code is prohibited in all zones throughout the city of Glendora and no conditional use permit or other discretionary land use approval shall be issued therefor.

Notwithstanding the provisions set forth in Section 9.64.025, cultivation of marijuana is prohibited within the city of Glendora.

The findings set forth under Section 5.23.010 of this code are incorporated in this section by reference and set forth the basis for its enactment.

(Ord. 1903 § 3, 2008; Ord. 2014 § 4, 2017)

§ 21.03.120 Emergency shelters.

Locations.

Grand Avenue/Arrow Highway (midblock).

Grand Avenue/Baseline (south of I-210).

Maximum Number of Beds. The cumulative total number of beds allowed within the city for all emergency shelters shall be no more than twenty.

Off-Street Parking. One space per employee and up to five visitor spaces for service providers based on actual need as determined by the city. If on-street parking is available, a reduction of up to two spaces may be granted.

Size and Location of On-Site Waiting and Intake Areas. Ten square feet per bed, minimum one hundred square feet.

Facility Management. An on-site manager shall be present during operating hours. A written management plan addressing at a minimum staff training, security, neighborhood communication, client intake, loitering control, referral services, outdoor storage, refuse control, and facility maintenance shall be approved by the city. The management plan may be reviewed as needed by the city with revisions made by the operator.

Proximity to Other Shelters. A shelter may not be located closer than three hundred feet to another shelter.

Length of Stay. Six month maximum. (Staff notes after six months of residency an occupant establishes permanent residency status which is not the purpose of the shelter. The goal would be to transition a homeless person from the shelter to permanent supportive housing within six months.)

(Ord. 1949 § 2, 2011)

§ 21.03.130 Affordable housing incentives.

Purpose. The purpose of this section is to implement the general plan housing element and the incentive programs provided in the state density bonus regulations (Government Code Sections 65915 through 65918) in order to provide additional opportunities for the provision of affordable housing in the city of Glendora. The intent of this section is to ensure that the provisions of Government Code Sections 65915 through 65918 are implemented in a manner that is consistent with the city of Glendora general plan.

Applicability. This section applies to any residential development of five or more dwelling units, or thirty-five or more dwelling units for a senior citizen housing development, located on contiguous sites and subject to a single development plan review application. All terms used in this section shall have the same meanings as used in Government Code Sections 65915 through 65918, as may be amended from time to time. Where regulations are not specifically addressed in this section or where there are conflicts between this section and Government Code Sections 65915 through 65918, the provisions of the Government Code, as may be amended from time to time, shall apply.

Density Bonus. When an applicant of an eligible residential development project agrees to set aside a portion of the dwelling units for very low income or lower income households, senior households, or moderate income households in a common interest development, the development shall be granted a density bonus as provided in this section.

Density bonuses shall be granted as a percentage above the maximum allowed density provided in the general plan land use element, applicable specific plan, and/or the zoning ordinance, as provided in the following table:

Income Group	Minimum Set-Aside of Affordable Units	Minimum Density Bonus Granted	Each Additional One Percent of Set-Aside Units Adds to Density Bonus	Maximum Possible Density Bonus	Percent Affordable Units Needed to Reach Maximum Density Bonus
Very low income	5%	20%	2.5%	35%	11%
Lower income	10%	20%	1.5%	35%	20%
Moderate income (common interest developments only)	10%	5%	1.0%	35%	40%
Senior citizen housing development	100%	20%	NA	20%	NA
Land donation (see subsection E of this section)	10%	15%	1%	35%	30%
Condominium conversions	33% lower income or moderate income; 15% very low income	25%	NA	25%	NA

In all density bonus calculations, fractional units shall be rounded up to the next whole number.

The additional units allowed through the density bonus shall not be included when determining the required percentage of affordable units.

A developer may request a lesser density bonus than otherwise entitled, but no reduction shall be permitted in the number of required affordable units.

Except where otherwise specified in this section, each residential development project is entitled to only one density bonus, and density bonuses for more than one category may not be combined.

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zone change, zone amendment, or other discretionary approval.

Condominium conversions are not eligible for a density bonus if the original residential development received a density bonus or other incentive pursuant to this section.

The following table provides example density bonus calculations for illustrative purposes only:

	Very Low Income	Lower Income	Moderate Income Common Interest Development	Senior Citizen Housing Development
Initial project size	20 units	20 units	20 units	35 units
Set-aside units	5%	10%	10%	100%
Density bonus	20%	20%	5%	20%
Total project units	24 units	24 units	21 units	42 units
Assignment of project units	1 very low income; 23 market-rate	2 low income; 22 market-rate	2 moderate income; 19 market-rate	42 units

Senior Citizen Housing Development.

Senior citizen housing development projects qualifying for a density bonus under this section shall have a minimum of thirty-five units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation.

Mobilehome parks qualifying for a density bonus under this section shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 of 799.5 of the California Civil Code or any successor statute or regulation.

Land Donation. A residential development project shall receive an additional density bonus when the applicant donates land for the provision of residential units for very low income households. The density bonus shall be provided as shown in the above table, corresponding to the percentage of set-aside units. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met:

The developer shall donate and transfer land in fee simple ownership to the city or to a housing developer approved by the reviewing body.

The developer shall donate and transfer land prior to approval of the development plan review for the residential development.

The transferred land shall have the appropriate acreage, general plan land use designation, and zoning designation to permit development of affordable housing for very low income households in an amount not less than ten percent of the proposed number of residential units on the donated land.

The transferred land shall be at least one acre or of sufficient size to permit development of at least forty residential units.

The transferred land shall be served by adequate public facilities and infrastructure.

The transferred land and the very low income units shall have a deed restriction recorded with the county recorder to ensure continued affordability of the units. The deed restriction shall be recorded on the property at the time of transfer.

The transferred land shall be within the boundary of the proposed residential development, or no more than one-quarter mile from the boundary of the qualified project, if approved by the reviewing body.

No later than the date of approval of the development plan review required for the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

Child Care Facilities.

A residential project qualifying for a density bonus under this section that includes a child care facility located on or adjacent to the premises shall be granted an additional density bonus or incentive as follows:

An additional square footage density bonus in an amount equivalent to the square footage of the childcare facility; or

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

In order to receive the additional child care density bonus, the project shall comply with the following requirements:

The child care facility shall remain in operation for a period of time that is as long as, or longer than, the period of time during which the density bonus units are required to remain affordable.

Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units.

Notwithstanding any requirement of this section, the reviewing body shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

Standards for Density Bonus Projects. Density bonus projects shall be subject to the following requirements:

The housing costs of units made available to qualifying households shall not exceed the limits of affordability established pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code. Determinations of affordability for housing made available for sale or rent to qualifying households shall be governed by the regulations set forth in Title 25, Section 6910 et seq., of the California Code of Regulations.

Housing units made available to qualifying households shall remain available to such households, at affordable rates, for a minimum of fifty-five years, or such longer period of time specified in loan agreements or subsidy programs associated with the development project. Deed restrictions, in form and content acceptable to the city to ensure unit affordability, shall be recorded on the property prior to project commencement to assure compliance with the affordability requirements of this section.

The developer shall verify income data for each qualifying household for the purpose of establishing eligibility and affordable housing costs. The criteria and methods used in verifying income shall conform to the standards prescribed by the city. In determining eligibility, the income schedule adopted pursuant to Title 25, Section 6932 of the California Code of Regulations shall be used at the time each unit is initially occupied by a qualifying household.

Housing units which are made available to qualifying households shall be constructed so as to resemble and be compatible with all other units in the same development. Affordable units shall be constructed concurrently with the market-rate units and be dispersed throughout the project, unless the reviewing body approves an alternative construction schedule and distribution pattern at the request of the developer.

Incentives. Residential development projects qualifying for a density bonus under this section shall be granted incentives as follows:

Number of Incentives. At least one and not more than three incentives shall be granted based on the percentage of affordable units per the following table:

Income Group	Percentage of Affordable Units
Very low income	5%	10%	15%
Lower income	10%	20%	30%
Moderate income (common interest development only)	10%	20%	30%
Number of incentives	1	2	3
Child care facility: when a qualified project includes a child care facility, the applicant shall receive one additional incentive.

Types of Incentives. Incentives may include the following:

Relaxation or other modification of zoning development standards including, but not limited to, setbacks, height limitations, open space, and parking standards.

Approval of a residential and commercial mixed use development project that would not otherwise be allowed by the zoning ordinance, if the nonresidential components of the project will reduce the cost of the housing development, and the nonresidential components are compatible with the housing development and the existing or planned development in the area where the project will be located.

Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions including, but not limited to, fee waivers, expedited permit processing, and modification of requirements for off-site improvements.

Approval of Incentives. Incentives shall be granted for a proposed project if the applicant provides a written financial statement detailing that the incentives are necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The reviewing body may deny one or more of the requested incentives if, based on substantial evidence, it makes either one of the following written findings:

The incentive is not required to ensure housing costs meet the affordability standards, as defined in Health and Safety Code Section 50052.5, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this section; or

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:

Public health and safety, or

ii.

The physical environment, or

iii.

Any real property that is listed in the California Register of Historical Resources, and

iv.

There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households.

Parking Incentives.

All residential development projects qualifying for a density bonus under this section shall be entitled, if requested, to alternate parking requirements in lieu of the parking otherwise required by the zoning ordinance, as provided in the following table:

Number of Bedrooms	Number of Required Parking Spaces Per Unit
0 to 1	1
2 to 3	2
4 or more	2.5

If the total number of required parking spaces is a fraction, the number shall be rounded up to the next whole number.

The above parking requirements are inclusive of tenant, guest, and handicapped spaces. Parking spaces may be covered or uncovered, and may be tandem.

All parking spaces shall be provided on-site. On-street parking shall not be counted toward meeting the alternate parking requirements, even if otherwise allowed by the zoning ordinance.

Waiver or Modification of Development Standards.

In addition to the above incentives, residential development projects qualifying for a density bonus under this section may request waivers or modifications of development standards.

The requested waivers or modifications shall be granted if the applicant provides a written statement detailing that the development standards if applied will have the effect of physically precluding the construction of a development project meeting the density bonus criteria at the densities allowed by this section and that the waivers or modifications are necessary to make the development project economically feasible.

Except, however that the reviewing body may deny the requested waivers or modifications if, based on substantial evidence, it makes written findings that the waivers or modifications would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:

Public health and safety; or

ii.

The physical environment; or

iii.

Any real property that is listed in the California Register of Historical Resources; and

iv.

There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households.

Project Review Procedures.

All development projects for which a density bonus is being requested shall be subject to the development plan review process pursuant to Section 21.02.040. The density bonus and any related incentives, waivers, or modifications shall be approved by the reviewing body through the development plan review process.

No additional application for a density bonus or related incentives shall be required, and a variance application shall not be required for any waiver or modification of zoning standards under this section. However, the following additional project review procedures shall apply:

The project applicant shall apply for concept review prior to filing the development plan review application. The purpose of the concept review will be to review any preliminary development plans prepared and to discuss any incentives and/or waivers sought by the developer.

In the event the developer requests any incentives or any waivers or modifications of zoning standards, the application shall include a detailed discussion of what is being requested and the reasons for the request, and the project plans shall clearly identify all requested waivers and modifications of zoning standards.

The project record shall reflect that a density bonus has been granted and shall identify any incentives, waivers, and/or modifications granted and any special conditions imposed on the project to ensure unit affordability.

(Ord. 1968 § 3, 2013; Ord. 2006 § 2, 2016)

§ 21.03.140 Short-term rentals.

Findings and Purpose. The city council finds that the city has seen a substantial increase in the number of dwelling units, whether they be single-family residences, multiple-family residences, guest houses, accessory dwelling units, or junior accessory dwelling units, being used as short-term rentals. With the rise in the number of short-term rentals, the city has received complaints from citizens and neighborhood groups over the adverse impacts caused by this transient use on adjacent properties. The purpose of this section is to balance the city's desire to promote economic development and tourism with the city's legitimate need to mitigate the adverse impacts often associated with short-term rentals, including excessive noise, overcrowding, disruptive and unruly parties, the accumulation of refuse, reduction of street parking vehicular violations and disruptions to safe traffic flow. The regulations contained herein are intended to minimize the adverse impacts short-term rentals have on surrounding properties. The city also seeks to ensure that the city is collecting transient occupancy taxes as required by Chapter 5.20, Title 5 of the Glendora Municipal Code.

Short-Term Rental Permit and Business License Required. Any and all potential STR hosts for a short-term rental shall obtain a short-term rental permit from the city, as well as a current and valid city business license pursuant to Title 5 of the code, before: (1) issuing any STR advertisement for the availability of a short-term rental for occupancy; or (2) renting, operating or allowing the operation of a short-term rental in the city.

Transient Occupancy Tax Compliance. Short-term rentals qualify as "hotels" for purposes of city transient occupancy taxes pursuant to Chapter 5.20, Title 5 ("Transient Occupancy Tax") and transient occupancy taxes shall be collected on short-term rentals in accordance with Chapter 5.20. Failure to comply with city transient occupancy tax provisions may result in revocation of a short-term rental permit.

Application for Short-Term Rental Permit. Short-term rentals may only be operated pursuant to a current and valid short-term rental permit from the city of Glendora, as well as a current and valid city business license, in accordance with all the requirements of this section. The permit application shall be submitted by the owner or an STR host. Even if the application is submitted by an STR host, the owner shall be jointly responsible with the STR host(s) for complying with this chapter, all other laws applicable to the short-term rental, and neither owner nor any STR host shall cause or permit any violation of this section. To "cause or permit" includes failure to correct or cause correction after receiving notice from the city of the violation.

Application Form. The application for a short-term rental permit shall include the following information on a form provided by the city:

The name, address, and telephone number of the owner of, and any other STR host for, the short-term rental address, including local emergency contact information for all STR hosts. If the application is submitted by a STR host, such application must also be signed by the property owner.

The name, address and telephone number of all authorized representatives for all STR hosts, including twenty-four hour local emergency contact information.

The address and a description of the proposed short-term rental premises. The description shall include number of rooms, maximum guest occupancy, amenities, and available parking for guests.

The number of bedrooms in the short-term rental.

Evidence of compliance with, or ability to comply with, Chapter 5.20, Title 5, governing transient occupancy taxes, including without limitation, submission of a "Transient Occupancy Registration Certificate" pursuant to Section 5.20.060.

Information on any short-term rental permits that have been suspended or revoked by the STR host anywhere in the state of California, or as to the property, within the previous two years, and the reasons therefor.

If the STR host has been asked or been compelled to no longer advertise with a STR hosting platform within the previous two years, and the reasons therefor.

Acknowledgement of receipt and executed agreement to comply with the city's "Short-Term Rental Good Neighbor Policy" requirements.

Term. Permits shall be valid from the date of issuance for as long as the applicant holds a valid business license for short-term rental operation, unless revoked or otherwise terminated.

Fees. The application for a short-term rental permit shall be accompanied by a non-refundable application fee established by resolution of the city council. The application fee shall not exceed the city's estimated reasonable cost of administering the provisions of this Section 21.03.140.

Application Review Process—Determination.

Any change in the information in the application, whether the change occurs while the application is pending, or at any time after the permit issues, must be provided to the city forthwith.

The city shall review the application for completeness. If the application is incomplete, the city shall inform the applicant in writing within thirty days of receipt of the application, articulating the necessary additional information for completeness. An application that is found to be incomplete upon a second submission shall be deemed abandoned.

The application for a short-term rental permit will be reviewed by the community development director or designee, and a short-term rental permit will be issued unless the applicant fails to demonstrate compliance with this section, other applicable provisions of the code, any conditions of approval for the dwelling unit, or other applicable law.

The community development director or designee shall deny, conditionally approve, or approve an application within forty-five days of receipt of a completed application. Conditions imposed shall be aimed at ensuring that the short-term rental does not create a disturbance in the neighborhood, and is not operated in a manner that will undermine the character of its neighborhood.

The community development director or designee may deny an application for a short-term rental if the applicant fails to demonstrate compliance with, or ability to comply with, the city's transient occupancy tax regulations. The community development director or designee may further deny the short-term rental permit if the applicant has provided any false information in the application or if the city has revoked a short-term rental permit in the applicant's or applicants' name(s) within the preceding twelve months. In addition to the operational standards set forth in Subsection H of this section, the community development director or designee shall have the authority to impose additional conditions on the use of any short-term rental unit in order to mitigate potential secondary effects unique to the subject property.

Permit Non-Transferrable. The short-term rental permit shall not be assignable. Following a change in ownership, a new short-term rental permit shall be required before any STR host: (1) issues any STR advertisement for the availability of the short-term rental for occupancy; or (2) rents, operates or allows the operation of the short-term rental. Short-term rental permits are unique to the specific property and specific STR host(s) identified in the current application; a short-term rental permit shall not be valid for any successor owner or STR host.

Short-Term Rental Locational Restrictions.

Short-term rentals shall not be operated from dwellings that are designated as accessory dwelling units, affordable housing units, or out of mobile home parks.

Short-term rentals shall not be operated in vehicles or in non-habitable or illegally constructed structures, such as sheds, unconverted garages, cars, vans, or trucks, unpermitted attached or detached accessory dwelling units, unpermitted rooms or patios, etc.

Operation of short-term rentals in housing developments served by a homeowners' association shall be permitted to the extent they are allowed by the development's covenants, conditions and restrictions ("CC&Rs"). All provisions of this section shall apply. In case of conflict between this section and the development's CC&Rs, the more restrictive provisions shall apply. The city shall not be responsible for enforcing CC&R provisions relating to short-term rentals.

Dwelling units held in shared leased ownership (timeshares) are prohibited from operating as short-term rentals.

Short-Term Rental Operational Standards. Short-term rentals must comply with the following, and STR hosts must notify renters of the city's permitting requirements and operational standards set forth in this section. The permit number must be included in any STR advertisement.

The STR host shall use reasonably prudent business practices to ensure that the short-term rental is used in a manner that complies with all applicable laws, rules, and regulations pertaining to its use and occupancy. The STR host shall use reasonably prudent business practices to ensure that short-term rental guests do not violate the provisions of this section, or violate provisions of the code or any state law, such as, but not limited to, regulations pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs.

STR Hosts named in the short-term rental permit shall be available to the city and its law enforcement personnel twenty-four hours a day, seven days a week, to respond to complaints concerning the condition, operation or conduct of occupants at the short-term rental, or their guests. If the STR host is not directly and immediately available as required hereunder, the STR host shall identify and designate to the city a local contact individual who is personally available by telephone on a twenty-four hour, seven day per week basis, and who maintains the ability to initiate corrective action promptly upon being notified of a concern or complaint and who has authority to address violations of this section or any disturbance or problem at a short-term rental.

A sign shall be displayed on the exterior of a short-term rental in plain view of the general public. The sign shall be securely attached to the primary entrance of the dwelling, or other location in a manner approved by the community development director or their designee. The sign shall be fabricated from weather resistant material. The sign shall continue to be displayed so long as the unit is used as a short-term rental. The sign shall include the STR host name, twenty-four hour a day contact information, the maximum number of occupants, and the short-term rental permit number.

Upon notification by the city or law enforcement that any occupant, renter or guest of a short-term rental unit has created unreasonable disturbance or violation of this section, engaged in disorderly conduct or committed a violation of an applicable law, the STR host or STR host's designated local contact shall use all reasonable efforts to immediately halt and prevent a reoccurrence of such conduct.

A copy of the short-term rental permit must be posted in a prominent location within the short-term rental. All short-term rental agreements shall have a minimum two-night consecutive stay and no more than one rental agreement per short-term rental shall be permitted for the same night(s) or rental periods. There shall be no more than one short-term rental permit per subdivided parcel of land.

Rental occupancy for each short-term rental shall be limited to two individuals per bedroom, plus two in non-bedroom accommodations. Children under three years of age are excluded from the occupancy limits, but children three and older are included.

The maximum number of daytime-only guests (i.e., those guests at the short-term rental that do not stay overnight) allowed in a short-term rental shall be ten guests, regardless of bedroom count. Daytime guests are allowed between the hours of seven a.m. and nine p.m.

No one under the age of twenty-one years shall be permitted as the primary renter of a short-term rental. Pursuant to state law and Section 9.44.200 of the code, it is unlawful for any person willfully to STR host, conduct or allow, or cause to STR host, conduct or allow, any gathering and/or party where alcoholic beverages are furnished, given, obtained, possessed, or consumed by any person under twenty-one years of age.

Short-term rental properties shall be kept clean with no visible trash. All trash containers shall be stored out of public view except when at the curb on trash collection days by the city's authorized waste hauler. Short-term rentals shall be subject to the provisions of Chapter 6.08 (Solid Waste). Short-term rentals shall not leave their solid waste containers curbside any earlier than the day before pickup, or any later than one day after pickup. If this requirement cannot be met, the STR host must provide for lawful trash service that is reasonably available at the property.

10.

All city parking regulations and standards shall be obeyed by short-term rental occupants, renters, their guests and any vendors servicing the short-term rental. Vehicles used by short-term rental occupants, renters, and their guests, or any persons servicing the short-term rental shall park their vehicles in accordance with all applicable laws, avoid material disruptions to traffic flow, and prevent street overcrowding or blockages.

All garage, driveway and on-site designated parking spaces serving the short-term rental shall be made available for renter and guest vehicle parking.

No vehicles shall be parked in a designated fire lane nor block or restrict access to adjacent properties or driveways.

All vehicular parking shall conform to those regulations in Chapters 10.12 and 10.13 of the code, which govern designated parking times and zones, required permits for overnight, early morning and long-term parking, prohibitions on certain commercial vehicles in residential zones, and requires obeyance of all official traffic control devices.

No short-term rental shall employ the use of buses or a vehicular busing system to transport guests to the short-term rental from remote locations.

11.

Use of short-term rentals shall at all times comply with all noise restrictions and party regulations set forth in Chapter 9.44 of the code.

The city's current noise ordinance requires reduced noise between ten p.m. and seven a.m. Section 9.44.020 defines "loud and/or disorderly gathering or party" to include a loud and/or disorderly activity attended by a group of persons on public or private property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity. Such loud and/or disorderly gatherings are prohibited.

The STR host shall notify all renters of those "general noise and party regulations" at Section 9.44.200 of the code, which prohibits the willful making or continuance of loud, unnecessary or unusual noise that disturbs the peace or quiet of any neighborhood or causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

STR Advertising; Renter Information. All STR advertisements shall include the short-term rental permit number. STR advertising of unpermitted short-term rentals is prohibited. Prior to the occupancy of the short-term rental by a renter, the STR host shall:

Obtain the name, address, and telephone number of the renter.

Provide a copy of city-prepared "Short-Term Rental Good Neighbor Policy" handout summarizing the requirements of this section and its operational standards in subsection H to the renter.

Require the renter to execute a formal acknowledgement that he/she is legally responsible for compliance with all operational standards in subsection H of this section by all occupants of the short-term rental and their guests.

The information required in subsections (I)(1) and (3) of this subsection shall be maintained by the STR host for a period of three years and shall be made available upon request to any officer of the city responsible for the enforcement of this section or other applicable laws.

Permit Denial, Suspension, and Revocation; Appeals.

A short-term rental permit may be denied, suspended, or revoked based on the following grounds:

A material misrepresentation on the application or renewal materials.

The short-term rental premises that are the subject of an application or permit are not in full compliance with all applicable local, state, and federal regulations.

The STR host has violated, or has permitted violations of, any of the operational standards in subsection H above, or any other provisions of this section with respect to STR advertising, permitting, location or management of the subject short-term rental. A STR host is presumptively permitting violations of the applicable regulations under the following circumstances:

If the violation consists of conduct by an occupant, renter or guest that is disturbing the peace and quiet of the neighbors, or that constitutes an immediate threat to the health and safety of either the public or users of the short-term rental, and the STR host or the STR host's local contact does not exercise reasonable efforts to immediately initiate corrective action within one hour of being notified of the disturbance;

ii.

If the noticed violation is not corrected before the next renter or guest arrives at the short-term rental.

The STR host has had a short-term rental permit revoked or suspended in the preceding two years.

Grounds for Suspension. The community development director or designee may initiate suspension proceedings for minor violations of this section or of any other code provision applicable to the short-term rental, that are not timely corrected. A permit may be suspended for up to 180 days.

Grounds for Revocation. The community development director or designee may initiate revocation proceedings for repeated or serious violations of this section or of any other code provision applicable to the short-term rental. Serious violations include any condition that is a threat to the health, safety, and welfare of any renter, guest, neighbor, or the public, or that constitutes a public nuisance.

A notice of intent to suspend or revoke, and the reasons therefor, shall be provided to the permit holder. The permit holder shall have fifteen days to submit relevant evidence for the community development director's or designee consideration. The community development director or designee shall issue a written decision articulating the grounds therefor within an additional fifteen days, taking into consideration any relevant evidence submitted by the permit holder.

Any STR host whose permit is revoked may not reapply for a short-term rental for the property for which the permit was revoked, or for any other property, for two years following the date of revocation. Revocation of a permit shall not affect any other current and valid short-term rental permits by that STR host.

Appeal of Permit Denial, Suspension, or Revocation. Any person whose short-term rental permit application was denied, or whose permit was suspended or revoked, may appeal the decision in accordance with the provisions of Section 21.01.030(F).

Penalties and Enforcement.

Violations of this section are deemed a public nuisance, and may be abated as such. Each day a violation continues is deemed a new violation.

Violations of this section may be punishable as infractions or misdemeanors, pursuant to Section 1.1.110 of this code.

In addition, any person who violates the provisions of this section may be issued an administrative citation by an enforcement officer pursuant to Chapter 1.18 of Title 1.

Violations of this section may also be liable for the city public safety service expenses or for special security assignments pursuant to Section 9.44.198 of the code.

(Ord. 2055 § 7, 2020; Ord. 2066 § 1, 2022)

§ 21.03.150 Community art program.

Purpose. This section shall be known and cited as the Glendora Community Art Program, the intent and purpose of which is to enhance the physical appearance of the community by facilitating and promoting opportunities to provide for cultural enhancement. The Glendora Community Art Program also has the following goals:

Distinguish Glendora as a special place to live, work, play and visit.

Strengthen cultural awareness, creativity, and innovative thinking in the community.

Promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life through development of cultural and artistic resources.

Integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape.

Provide every member of the community easy visual access to artworks from pedestrians and vehicles on major public streets.

Provide a means to counterbalance what many consider to be the "negative" effects of development (e.g., construction noise, traffic, congestion, and pollution).

Definitions. For purposes of this section:

"Art" or "artwork"

includes, but is not limited to, sculpture, monument, murals, fresco, basrelief, mobiles, photography, drawings, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, caring, and stained glass. "Art" or "artwork" is the creative result of individual or group effort and is either unique or of limited-issue nature, and is normally not mass-produced or intended primarily for a commercial market. "Art" or "artwork" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 19.24 of the municipal code.

"Commission"

means the city of Glendora planning commission.

"Community art fund"

means the fund and account established by the city for any money collected in accordance with the in-lieu contribution provisions of this section, as set forth in subsection F of this section.

"Developer"

means any person or entity that is financially and legally responsible for the planning, development, and construction of any development or development project covered by the community art program, who may or may not, be the owner of the subject property.

"Development" or "development project"

means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit and subject to the program.

"Director"

means the director of community development department.

"Mixed-use with residential"

means commercial project that includes residential as ancillary component of ten or less units.

"Program"

means the Glendora Community Art Program established pursuant to this section.

"Project applicant"

means the individual or entity subject to and required to submit an application to the commission/director under the program. The project applicant shall be the individual or entity that has submitted the application for a development project and/or owns the land upon which the development is proposed.

Program Applicability—Art Allocation. This section applies to commercial and industrial development or residential projects of ten dwelling units or more, with a total building permit valuation of three hundred seventy-five thousand dollars or more. Applicability also includes exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than ten units, and all remodeling of existing commercial and industrial developments.

All applicable development, shall be required to acquire, place, and install approved artwork, subject to the terms and guidelines of this section, concurrently with the completion of the development project, consistent with the standards of this section. Applicable development projects can either provide public art that is equal to, or more than the dollar value amount required, or in lieu of installation, instead provide an equal fee payment to the city to be applied to the community art fund (as described herein).

Art Allocation.

The value of the placed and installed approved art shall be equal to a minimum percent of the total proposed development's building permit valuation (BPV), as described below:

All commercial/industrial & mixed-use with residential as ancillary component (with BPV of $375,000+)	The fees, rates, and charges for the Glendora Art Program shall be established pursuant to resolution by the city council
All new residential development of 11 or more units/houses and new mixed-use with residential as primary component.	The fees, rates, and charges for the Glendora Art Program shall be established pursuant to resolution by the city council

The total BPV shall be computed at the time building permits are issued, using the most current building valuation data set forth by the International Code Council (ICC). Square foot value is based on the type of building construction, the proposed use of the building, and the quality of construction. An initial BPV shall be estimated by the city's building official when the developer/project applicant submits formal application plans to the city's building and planning divisions. The BPV shall be recalculated when the development project receives building permits.

The project applicant shall be permitted to purchase, place, and install an approved artwork in an amount less than the required value, provided that the project applicant pays an in-lieu contribution to the community art program fund equal to the difference between the required value and the costs of acquisition and installation of such artwork.

In-Lieu Fee Contribution. In lieu of placement of approved artwork, the project applicant may pay into the community art program fund an amount equal to the required art allocation of the total proposed development's BPV. Payment must be made prior to building permit issuance.

Program Exemptions. The following developments or modifications, alterations, and additions to the developments are exempt from this section:

Residential, mixed-use, commercial, or industrial development consisting exclusively of rehabilitation work required for seismic safety, as a result of a natural disaster, declared federal or state emergency or major disaster, or to comply with applicable building requirements, and governmental mandates, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended, regardless of valuation.

Commercial or industrial development projects owned solely by a nonprofit organization under Internal Revenue Code Section 501(c)(3), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes.

New residential or mixed-use development containing a minimum of twenty-five percent affordable housing units for very low-, low-, or moderate-income households as defined in the California Health and Safety Code commencing with Section 50050.

New residential projects (single-family and multiple-family) of ten or less units.

Buildings and projects designed and dedicated to performing arts spaces or facilities including theaters, performance art centers, or other similar facilities as determined by the director, or museums. This exemption does not include commercial movie theaters, private recreation facilities, or buildings or spaces dedicated to primarily administrative activities.

All public works projects and governmental agency projects.

These exemptions shall apply only as long as a valid building permit and the exempt use is maintained.

Permissible Uses of Art Allocation. The art allocation may be used by project applicant to pay for the following expenditures: the artwork itself, including the artist's fee for design, structural engineering, and fabrication; transportation and installation of the artwork; identification plaque(s) for the artwork; mountings, pumps, motors or subterranean equipment, pedestals, bases, or materials directly necessary for installation of the artwork; lighting specifically illuminating the artwork; art consulting fees which shall not exceed ten percent of the total art allocation; and art appraisals requested by the commission/director.

Prohibited Uses of Art Allocation. The art allocation may not be used by the project applicant to pay for the following expenditures: expenses to locate the artist (e.g., airfare for artist interviews, etc.); architect and landscape architect fees; landscaping around a sculpture, that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements; utility fees associated with activating electronic or water generated artwork; lighting elements not integral to the illumination of the artwork; publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image; and dedication ceremonies, including unveilings or grand openings.

Community Art Fund.

Any money collected in accordance with the in-lieu contribution provisions of this section shall be deposited in a separate account denominated as the "community art program fund." The art fund may also be used as a depository for endowments, bequests, grants, or donations. The city manager or his or her designee shall establish accounting records sufficient to identify and control these funds.

Expenditure. The community art program fund shall be used to provide art in order to further the intent and purpose of this section. The expenditures of funds shall be limited to the following uses:

For the design, acquisition, commission, installation, improvement, maintenance, and insurance of artwork. Design fees may include any fee paid to an appropriate party for the development of a design concept and preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of artwork;

To sponsor or support art education, performing and literary arts, art events, and create temporary or community-based art;

For the acquisition and improvement of real property or easements or licenses upon any real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city;

Identification of existing artwork in the community;

During a fiscal year, for maintenance of and utility charges related to the artwork purchased pursuant (F)(2)(a), above; provided, that the total amount of expenditures made in any year from the community art program fund shall not exceed ten percent of the total available amount of in-lieu contributions deposited, pursuant to this section, during the city's fiscal year immediately preceding the expenditure; or

For costs associated with administering this section, in an amount not to exceed fifteen percent of the allocation as set forth in this section.

If real property purchased with monies from the community art program fund is subsequently sold, then the proceeds from the sale shall be returned to the community art program fund.

Return of in-lieu contributions shall be subject to the following:

In-lieu contributions paid into the community art program fund that are not committed within ten years from the date of payment may be returned to the current owner of the development project with all interest actually earned thereon if a written request for return is filed with the city's finance department during the tenth year after payment and refund of the fees is approved by the city council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the project applicant is the payer of the fees and/or the current owner of the development project.

The city council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the city council determines any one of the following applies:

The city council finds the fee is needed for art in public places.

ii.

The administrative costs of refunding the uncommitted fees pursuant to this section exceeds the amount to be refunded, provided that at least ten days prior to the hearing, a notice of public hearing on this issue has been published and posted on the site of the development project in not less than three places.

iii.

Expenditure of fees shall be subject to the standards set forth in this chapter.

Value Verification. A budget shall be included with art proposal and updated at time of permit issuance to document required art allocation amount and permissible use expenditures. If city staff elects to verify the value of a proposed artwork (by past records of comparable work sold, etc.), the city reserves right to request to have the artist's proposal and/or other completed works appraised by a qualified art appraiser selected by the city. The project applicant shall pay up front for any art appraisal service fees. This expense may be deducted from the total art allocation.

Application Process.

Art Determination. Upon submittal of a development proposal for plan or permit approval to the city's planning division or building division, the valuation of the development project will be assessed. If the development project is valued at a level above the community art program's applicability, staff will inform the project applicant of the estimated art allocation requirement for the development project. The project applicant will be given full program details including the community art program application. Artwork must be approved prior to issuance of a building permit and in place prior to issuance of a certificate of occupancy.

Artist Selection. The project applicant, when choosing to install artwork instead of contributing to the community art program fund in lieu of placement of approved artwork, the project applicant must choose artist(s) meeting the program criteria. In collaborating with the selected artist, the project applicant shall package the art application for commission/director review. The project applicant is responsible for artist and artwork selection, subject to the criteria set forth in the program, which shall be evaluated individually by the commission or the director, as set forth below.

For assistance, the project applicant can hire an art consultant. Such consultant's role is to research and present qualified artists, responsible for providing written and visual materials for the application. Consulting fees are capped at ten percent of the total art allocation, with any excess absorbed by the project applicant.

Commission/Director or Director Review. The project applicant must submit the community art program application to the city's planning division, which will schedule an appointment with the planning commission or director for review of the application. The planning commission shall review all art proposals located on publicly owned land and/or right-of-way, within in the Civic Center Area Plan (CCAP) zone, on properties that have a historical listing, and all development projects with building permit valuations of over one million five hundred thousand dollars. The director will review all art proposals not subject to the above-mentioned planning commission reviews. Findings for approval shall be based on the review criteria and requirements of this section.

Notification, Follow-Up, and Appeals.

The project applicant shall be notified in writing of the commission/director's decision of the review meeting. If the artwork is approved, any outstanding items that must be completed by the installation date will be listed and given to the project applicant.

If the artwork is not approved, the reason(s) for denial will be noted, including possible modifications or additions which could lead to recommended approval. Should the project applicant agree to the modifications, he or she may resubmit an application to the commission/director for reconsideration. The project applicant may also appeal the commission/director's decision to the city council in accordance with the appeal process provided in Section 21.01.030(F). Once approved by the city, the project applicant shall inform the city of the approximate date the artwork will be installed.

Unveiling Plans. The project applicant shall contact the planning division regarding any unveiling or dedication ceremonies for the artwork. An unveiling or dedication is strictly optional. City staff shall work with the project applicant to promote press opportunities and public interest in the artwork.

Review Criteria and Requirements.

Artistic Qualifications.

Experience. Artists should be working artists, who preferably have a portfolio or can create public art. Qualified artists should have experience in design concept, fabrication, installation, and long-term durability of large-scale exterior artworks. Artists must be able to successfully collaborate with design teams, architects, art consultants, developers, engineers, fabricators, and landscape architects, and meet scheduled deadlines. It is preferable to have artists that also have experience in negotiating and contracting their work responsibly. Artists who do not meet these criteria will not be approved by the commission/director.

Verification of Past Works. Artists must be able to verify the value of the proposed artwork, based on their previous and current art. The city may request records, including, but not limited to, sales contracts, invoices, and payments with respect to any previous and current public artworks the proposed artist has commissioned. Gallery list prices or asking prices of works are not necessarily comparable, as they are not records of a willing buyer. If the value of the proposed art piece cannot be verified (by records of past comparable sold works, etc.), the city may choose, at its sole discretion, to have the artist's proposal and/or other completed works appraised by a qualified art appraiser. This expenditure shall be counted toward the total art allocation and shall be borne by the developer. The value of the proposed artwork shall be verified prior to commission/director review as to not delay the approval process.

Exemption. The above provisions shall not apply if city or nonprofit is undertaking project as a "community related" art installation as part of an allowed community art fund expenditure.

Artwork Criteria.

Artistic Expression and Innovation. Proposed artwork shall demonstrate how they will effectively engage the public and invite a "second look." Works engaging to the public are often described as thought provoking, inspiring, entertaining, clever, whimsical, powerful, reflective, or symbolic. Innovation and originality are encouraged and expected. The commission/director takes interest in the artist's creative thought process in relationship to the specific development project. Therefore, existing works are not generally encouraged. Artists shall be able to thoroughly discuss the following elements of their proposal with the commission/director: expressive properties (mood, feeling, message, symbolism) and formal properties (balance, emphasis/dominance, repetition/rhythm, unity, form/shape, texture, color).

Scale and Content. Artworks must be appropriate in scale, material, form, and content to their immediate, general, social, and physical environments. The artwork shall not look like an afterthought to the development. The following are not acceptable:

Mass produced reproductions or replicas of original works of art. Exceptions are signed sculptures or similar work by the original artist for reproduction. (Edition limit: five.)

ii.

Functional equipment, which may be considered part of an amenities package, such as benches, chairs, fountains, etc.

iii.

Decorative or ornamental pieces which are not designed by a qualified, acceptable artist, including historical markers or bells, bell towers, obelisks, minor architectural ornamentation, and garden sculpture.

iv.

Art as advertisements or commercial signage mixed with imagery.

Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist; or

vi.

Landscaping required by the city as part of any development/project entitlements (or conditions of approval established therefor).

vii.

Services or utilities necessary to operate or maintain the artwork.

Permanence and Materials. The following are recommended materials: bronze, stainless steel, high-grade aluminum, hard stone. The following materials are not recommended: corten steel, wood, soft stone (e.g., alabaster). Other materials not listed may be considered, in the event the artwork application includes a comprehensive maintenance plan, which meets the interest and standards of the commission/director and staff. Rust proof materials must be used whenever possible. Artists will be asked to provide a breakdown by percentage of metal alloys for bronzes from foundries. Thickness and grade/quality of steel works will be reviewed for rust proof durability. Artists shall take note of which materials (including nuts, bolts, and other metal fixtures) will be in contact with each other that may produce oxidation and rust. Artists must be able to clearly demonstrate the quality, craftsmanship, and durability of their artwork. Substantial consideration shall be given to structural and surface integrity and stability, permanence and weathering, resistance against theft, vandalism, and the probability of excessive maintenance and repair costs. Artwork must be constructed of durable, long-lasting materials that are able to withstand outdoor display, and require low levels of maintenance. When selecting an art piece project applicants shall keep in mind that property owners are legally responsible for the maintenance of the artwork for its lifetime.

Multiple Editions. If the proposed artwork is one of multiple editions, the project applicant shall include the edition number of the piece provide the location of all other editions. To maintain the value of the proposed artwork, similar editions may not be publicly displayed within a fifty-mile radius of the development/project site, unless both the commission/director and the owner of existing and/or future editions grant permission.

Water Features and Fountains. Water feature pieces, or artwork requiring water, must be conceptually designed by an acceptable, qualified visual artist in order to be considered for the program. The artwork must stand on its own should the water cease to function properly. There must be a demonstrated collaboration between the artist and the water feature design company. The intent of the program is to promote the work of visual artists, not water feature design companies. Water-related costs, such as pump and pool construction, will be evaluated by the commission/director for consideration as part of the overall art allocation. Project applicants are welcome to exceed the arts budget/art allocation to construct a water feature. However, water features will not be accepted in lieu of the community art program requirement. No more than thirty percent of the total art allocation may be utilized for water-related costs.

Architecture as Art. The following shall be used to determine, on a case-by-case basis, whether architecture can be considered art for the purposes of fulfilling this section's requirements:

The architect shall be substantially recognized by the art world in shows, museums, and/or publications.

ii.

When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

iii.

In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does the majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale and sculpture.

iv.

The architecture must meet all the general criteria regarding the placement of artwork on private property as defined in this section.

Inoffensive. Due to the artwork's "public" requirements, will necessarily be highly visible to the public, will be associated with community art program requirements, and because the traveling public will have no real opportunity to avoid the visual aspects of the art, expressions of obvious bad taste or profanity are prohibited. It is the intent of this criterion to address proposed art which by its nature would generally be considered offensive to the public.

Site and Installation and Maintenance Requirements.

Visibility. Artwork is to be located outdoors and easily visible to both motorists and pedestrians from a major public street. Distance from the artwork to the public street should typically not be greater than fifty feet. Artwork may not be placed near monumental signs, sign walls, or bus benches as these structures may impede the public's view from the street or diminish the aesthetic value of the artwork. Lettering, symbols, or signage are not permitted upon the artwork or its foundation, except as intended by the artist. Visibility to the general public is the key criteria in approval of artwork location. The artwork shall be displayed in an area that is open and freely accessible to the public for at least ten hours each day or displayed in a manner which provides public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. Exceptions can be made for large open or enclosed public areas if the artwork or its placement is clearly visible from the street.

Signage. Permanent signage of any type is not permissible in or around the immediate area of the artwork. This includes the foreground, background, or adjacent areas of the artwork. Signage should not distract or diminish the aesthetics of the artworks, when the public views the artwork from the most accessible vantage points (e.g., intersections, entryways). The commission/director will review all signage plans and ask the project applicant to provide alternative locations should the signage interrupt the public's view.

Lighting and Electrical. Artwork shall be properly lit during evening and nighttime hours. All lighting and electrical elements should be in good working condition and meet all current safety conditions. Lighting and electronic elements, not integral to the sculpture, will not be included as part of the art allocation. Lighting plans must be submitted as part of the application.

Landscaping and Base. Landscaping and art base should be well integrated and securely installed. The sculpture must also be secured to the base. A licensed structural engineer must approve and certify the installation plans as structurally sound, safe, and durable. The base shall only house the artwork and plaque, if applicable.

Identification. Each artwork shall be identified by a plaque approximately eight inches by eight inches and made from cast bronze or an alternative material approved by the director. The plaque shall be placed in a ground or wall location near the artwork, listing only the title, name of artist(s), name of who it was commissioned by, and date of installation. The director must approve any additional plaques that may be requested. This expense may be deducted from the total art allocation.

Ownership and Maintenance.

All artwork placed on the site of a project applicant's development shall be property of the landowner; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the site's owner.

The project applicant shall demonstrate that the selected artwork is constructed for permanent outdoor display and that provisions have been made for its long-term care, preservation of the artwork in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation, or alteration, and encourage securing and maintaining fire and extended coverage insurance and vandalism coverage. Prior to the issuance of a final building inspection, the project applicant and owner of the site shall execute and record a covenant in a form approved by the city for the maintenance of the artwork.

All artwork donated to the city shall become the property of the city upon acceptance by the city council.

Damaged Artwork. The property owner of the development shall be responsible for repairing the artwork in the event of damage and/or vandalism. Artwork damaged or vandalized shall be repaired as closely as possible to the original approved artwork. If repair is needed, the original artist must be given first refusal on repair(s) for a reasonable fee. If the original artist is not available or is unwilling to perform the required repair(s) for a reasonable fee, the property owner shall make arrangements for repair(s) with a reputable art conservator. The property owner shall be responsible for notifying the commission/director and city staff of the steps that will be taken to repair the artwork. Property owners are encouraged to secure and maintain fire and extended coverage insurance and vandalism coverage.

Removal of Artwork. Removal of required art is prohibited without the city's approval. The city may require replacement of the art. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law. The developer or owner of the applicable development project shall execute a restrictive covenant in a form acceptable to the city attorney, enforceable by the city, which shall be recorded against the project site and shall run with the land for a period of twenty years from the installation date of the applicable art/artworks.

Request. A request for the removal of any approved artwork shall be submitted to the director in the form of a letter for review and approval. If the removal request is approved, a building demolition permit is required if determined to be necessary by the city's building and safety division.

Approval. Approval of removal of artwork will be subject to the condition of the artwork and the required length of time indicated in the recorded covenant.

Donation of Artwork to City. Although the artwork is located in public view, the intent of the program is for the artwork to be located on private property as part of the fixed assets of that property. Therefore, the city does not encourage the donation of public art to the city. However, in special cases where it is impossible for artwork to remain on private property and/or be maintained by the property owner, the city may consider accepting the donation of an artwork. Property owners may submit a written request to the commission describing the unique circumstances and the reasons why they are requesting that the city accept the donation of the artwork. The commission will review their request, discuss the proposal, and forward a recommendation to the city council.

(Ord. 2083, 2/13/2024)