form cm-36 april 6, 2010 agenda item city of glendale

FORM CM-36

April 6, 2010

AGENDA ITEM

CITY OF GLENDALE CALIFORNIA REPORT TO CITY COUNCIL

Report: Ordinance Regulating the Placement of Commercial Wireless Facilities in the City. (1) Resolution Certifying and Adopting a Negative Declaration (2) Ordinance for Introduction Amending Titles 12 and 30 of the Glendale Municipal

Code (3) Ordinance for Introduction Amending the Downtown Specific Plan, the Town

Center Specific Plan and the South Brand Boulevard Specific Plan

COUNCIL ACTION

Public Hearing [ X I Ordinance [ X I Consent Calendar [ I Aclion Item [ I Report Only [ I

Approved for April 6, 2010 calendar

ADMINISTRATIVE ACTION

ignature Submitted

Scott H. Howard , City Attorney ......... ..... ....... ........... ... . .

~ Stephen M. Zurn, Director of Public Works ............................... ~'="W1'~":f:~il<'::=====_

Hassan Haghani, Director of Planning ... ............. ........................ ~. ""'''-c!..1-""1-~"-.lJ""'r-Prepared

Christina R. Sansone, General Counsel- Public WDrks ........ _~ ~~g,;'7~ ~~====-

Approved ·Ia'nagelr ............ .... ............................. --iA~ir~(j~~~~~~~---James E. Starbird, City rv

Reviewed George Chapj ian, Director of Parks and Recreation services,~ .. .:; .. ;; .. ~~~~~=,.l<:d7J~

Glenn O. Steiger, Director of Glendale Water & Power. ... ... .

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Report: Ordinances Regulating Telecommunications Facilities April 6, 2010

RECOMMENDATION Staff respectfully recommends Council introduction and approval of the attached proposed ordinances which amend Titles 12 and Title 30 of the Glendale Municipal Code, the Downtown Specific Plan, the Town Center Specific Plan and the South Brand Boulevard Specific Plan (collectively, the "Ordinance") and approval of the attached resolution certifying and adopting a negative declaration of same. The Ordinance revises the regulations concerning the installation and maintenance of wireless telecommunications facilities. If adopted, it is recommended the Ordinance be effective 60 days after adoption to coincide with the effective date of a fee resolution that is anticipated to be presented to Council on April 13, 2010.

SUMMARY The Ordinance is the product of Council 's direction to explore new regulatory options for better managing the growing number of applications for wireless telecommunications facilities in the City. A moratorium currently exists for the placement of such facilities in residential zones and public rights-of-way within 1000 feet of residential zones. Should Council approve the Ordinance, the moratorium would be lifted upon the effective date of the Ordinance. Exhibit 1, the Planning Commission staff report and attachments, provides a full summary of the Ordinance.

The Ordinance contains comprehensive changes to the permitting, placement, design and maintenance of wireless telecommunications facilities in all zones within the City and provides for new fees to be associated with additional review and approval services provided by the Community Planning Department and Public Works Department for such permits.

FINANCIAL IMPACT The Ordinance is revenue neutral in that it will be accompanied by a fee resolution which will provide cost recovery for the Ordinance's new permit requirements. The resolution, anticipated to be presented to Council on April 13, 2010, will become effective in 60 days from adoption-the same time the Ordinance becomes effective.

BACKGROUND

Current Moratorium. In 1997 Council adopted the City's first wireless antenna ordinance. Since then the City has experienced a growing proliferation of wireless facility permits particularly in residential zones. On January 13, 2009 Council adopted a moratorium to allow staff time to study and consider the development of new legislation to protect the public welfare regarding such faci lities. The moratorium temporarily halted the issuance of permits for wireless antennas in residential zones and public rights-of-way within 1000 feet of residential zones. The moratorium remains in effect at this time and is due to expire on June 15, 2010.

Public Outreach. During the moratorium, City staff developed a draft ordinance which was posted on the City's website and distributed during three public meetings which were held in various locations of the City. Staff issued press releases and published notices inviting individuals to comment on the draft ordinance. On February 3, 2010, the Planning Commission held a public hearing, considered comments from industry and community speakers, and recommended the proposed ordinance to be presented to Council.


l egal Constraints. Federal and state laws place significant constraints on the ability of a local government to control the installation of wireless facilities. In brief, the City cannot prohibit or have the effect of prohibiting the ability of a wireless carrier to provide te lecommunications services. City regulations must be competitively neutral and nondiscriminatory. The City must take action on wireless facility applications within a reasonable period of time. The City cannot regulate wireless facilities on the basis of the health effects of radio frequency emissions. However, the City may verify that a wireless facility is installed and maintained in compliance with federal emission rules. State law allows local governments to regulate wireless antennas in public rights-of-way but only to the extent of imposing reasonable time, place and manner requirements.

Three recent court cases have supported the ability of local governments to exercise discretion over wireless antenna applications. Aesthetic regulation, public participation and discretion are permissible as long as they do not restrict the placement of facilities to the extent that they result in a prohibition of services. Pages 8 through 10 of Exhibit 1, Planning Commission Report, provides further details as to the federal and state legal constraints that limit the City's ability to regulate the placement of wireless antennas.

ORDINANCE REQUIREMENTS

New Permits Established. The Ordinance establishes two new permits for public rights-ofway and zoned properties. For zoned properties, a new Chapter 30.48 establishes a new wireless telecommunications faci lity permit will govern the installation of wireless antennas. These permits will be processed through the Community Planning Department. Processing and review wi ll be based upon the classification of the antenna. For public rights-of-way, a new Section 12.08.0037 a new wireless telecommunications faci lity encroachment permit wi ll be required. Both new permits include new application requirements, specified preferred zones and locations, community notifications, required findings of fact by the decision-maker, expert reviews when necessary, facility and design standards, and safety monitoring standards.

Requirements For Both Zoned And Right-Of-Way Permits. For both zoned and right-of-way permits, the Ordinance provides the following requirements:

New application requirements . For both zoned properties and public rights-of-way, the Ordinance has strengthened application requirements for wireless facilities . In addition to a basic application information, an applicant wi ll be required to provide specific wireless information such as:

• Accurate mapping of the proposed site and all existing wireless facility locations owned by applicant.

• Engineering certification demonstrating compliance with Federal Communications Commission's radio frequency emiss ion standards.

• Justification of proposed height. • Analysis of alternative sites and configurations. • Visual impact analysis with accurate photo simUlations. • Projection of future needs within the City. • Analysis of the significant gap in service that the proposed antenna is intended to cover.


• Demonstration that the proposed wireless facilities has been designed to the minimum height and diameter.

• Maintenance and monitoring program including associated landscaping. • Demonstration of good faith efforts to co-locate the wireless facilities and to make the

proposed facility available to others for co-location.

Specified preferred zones and locations. The Ordinance requ ires, to the greatest extent feasible, that wireless antennas be concentrated in preferred zones such as commercial, mixed use, and industrial locations. If wireless facilities must be located in sensitive areas such as residential or historic districts, the applicant would be required to meet certain additional conditions and wou ld be subject to discretionary approval at a higher level. The applicant would also be required to demonstrate the applicant will be required to demonstrate that there is a significant coverage gap which cannot be met by any alternate location or configuration.

Notice To The Public. For al l wireless facility permit applications, the community will be notified of public hearings to the same extent as other zoning permits such as conditional use permits, variances, design review and requests for parking reduction. Notices for public right-of-way permits shall be required before permitting and at the time of installation. Notices of Community Planning Department public hearings will be posted at the proposed site, published in a newspaper of general circulation, and mailed postage prepaid, at least 10 days before the date of the hearing (30 days for public rights-of-way). All property owners within a radius of 500 feet shall be sent mailed notices.

Aesthetic Standards. In order to limit the aesthetic impact of a proposed facility, the Ordinance favors fully camouflaged or screened facilities particularly in residential and sensitive areas. If required by the Director of Public Works or the Director of Community Planning, landscape plans and proposed irrigation plans will be required. Antennas and ground-mounted equipment must be a color which blends with the surrounding environment. The Ordinance provides design requirements for structure-mounted installations, monopole installations, and accessory equipment (particu larly the requirement for an underground vault where reasonably feasible).

Significant Service Gap Analysis. Applicants must identify the geographic service area for the proposed installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the wireless facility is meant to close, and describing how the coverage gap will be filled by the proposed installation. The wireless provider must show that the proposed facility site is necessary to fill an existing significant gap in the ability of users to access the network and that the chosen site is the least intrusive and most compatible with the local community.

The gap would have to be "significant" not merely inconvenient or a small insignificant spot. Criteria for determining whether a significant gap exists may include for example: the affect on significant commuter highways, no roaming capabi lities, number of potential users affected by the alleged lack of service, whether the proposed facility will improve a weak area or fill a void, 911 capability, and affect on commercial district.

Alternative Sites Ana lysis. The Ordinance requires a carrier's good faith effort to identify and evaluate less intrusive alternatives such as less sensitive sites, alternative system designs,

Report: Ordinances Regulating Telecommunications Facilities April 6, 2010 PageS

alternative tower designs, placement of antennas on existing structures, and co-location. The analysis must evaluate the availability and feasibility of potential alternative sites located outside a residential zone. It must include a map showing other potential stand alone locations and describe in detail why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include cost, visual benefits and detriments of alternative sites, and proximity to single family dwellings. The solution ultimately selected by the carrier should be the least intrusive means of filling these gaps with a reasonable level of service.

Underqroundinq Facilities. All equipment associated with antennas wi ll need to be placed underground to the maximum extent feasible.

Radio Frequency Emission Compliance Verification. Although the City is preempted from considering the safety effects of radio frequency ("RF") emissions to the extent that they comply with FCC regulations, the FCC does not restrict the City from verifying that the carrier is in compliance with the FCC standards. The Ordinance does just that. It requ ires the carrier to demonstrate that the facility complies with the FCC's RF emission standards.

Expert reviews when necessary. The City may need to retain an expert in the telecommunications field to review technical aspects of an individual application when such expertise is beyond that which is available through City resources. In such cases, the expert's fee would be covered by the applicant.

New Requirements For Wireless Faci lities In Public Rights-Of-Way. Of the greatest concern to the community is the placement of wireless facilities in residential zones. The Ordinance provides greater protections for residents with in the bounds of applicable law for wireless antennas in the public right-of-way. Among the new and revised provisions that strengthen the encroachment permit process for wireless facilities are the following :

Community Notification. Ordinarily, encroachment permits are not subject to community notification. However, for wireless antennas, this Ordinance requires community notification both the time the application has been submitted and a preliminary location is selected, and at the time Public Works Director decides to grant or deny the permit. Notification will be provided 30 days prior to the grant or denial of a permit; to all property owners, neighborhood associations, homeowners' associations within 500 feet. Notification shall also be posted (3 by 4 posted sign) at the site where the applicant proposes installation.

Wireless-Specific Application Requirements. Current encroachment permit application forms will be supplemented with specific application requirements which apply specifica lly to wireless telecommunications facilities.

Preferences For Non-Residential Location And Low Visibility. Applicants for public rights-ofway insta llations are incentivized to provide low visibility facilities in preferred locations. If the proposed facility will not be installed in a preferred location, the applicant must demonstrate that the preferred location is not reasonably feasible. If the proposed facility will be a high visibility facility, the applicant must demonstrate that a low visibility design is not reasonably feasible. Feasibility f~ctors include but are not limited to construction and operations costs, site


availability, local agency jurisdiction and abil ity to provide camouflage and other aesthetic treatments.

Setback Requirements. The Ordinance requires that setbacks in the public right-of-way must meet the development standards and setback requirements of the underlying zoning district, "except as otherwise permitted." For example, the street front setback in ROS and R1 R zones is 15 feet. In R1 zones, the street front setback is 25 feet. The setback for street sides in ROS and R1R zones is 15 feet and in R1 zones the setback is 6 feet.

The phrase "except as otherwise permitted" means temporary emergency facilities, facilities on private property where a single utility line runs from the right-of-way, an existing facility, the colocation of a facility onto an existing base facility , where compliance with setback requirements is not reasonably feasible as determined by an analysis of alternative sites and the need to close a significant gap in coverage.

By way of contrast, on zoned properties the Ordinance requires that facilities are required to meet all applicable setback requirements . Facilities on private property that do not propose to comply with the required setbacks must request an exception through a variance application process in addition to meeting all other Ordinance requirements .

Deadline to Commence Construction. Unless extended by the Public Works Director, construction must take place with in 60 days from the date of issuance of the permit otherwise the permit expires.

Requirements At Time Of Completion. At the completion of construction, the permittee cannot commence operations until it provides an "as-built" set of plans as compliant with all requirements of all laws, ordinances, regulations, requirements and conditions of the permit.

Appeals. Ordinarily, encroachment permits are not subject to special appeals procedures. However, in the Ordinance, appeals from the Director of Public Works' decision may be made to the Building and Fire Board of Appeals by the applicant and/or any aggrieved party. The Board review is limited to determining whether the Public Works Director's decision compl ies with the Ordinance.

Special Permit Review Process For Zoned Properties.

Antenna Classifications and Review Authority. Wireless facility permit applications will be divided into antenna classifications which are the various classes in which wireless telecommunications facilities and their attendant accessory wireless equipment wi ll be categorized based on observed structure, aesthetics whether it is co-located with another antenna facility, camouflage, and whether it is temporary or permanent. The classifications will be used to determine the level of permit review. Applicants will be encouraged to place wireless facilities in preferred styles, zones and locations given the particular antenna classification. The classes are summarized on pages 3-4 of the Planning Commission Report. Depending upon the classification, an antenna application will be reviewed by either the Planning Director or the Planning Commission. See Exhibit 2 for a matrix of permit review authorities for zoned properties. In historic districts, or on the site of a Glendale Register property, Historic


PreselVation Commission review will also be required. All classes of antennas must meet the height limitation of the requested zone. Deviations from the height limitations will require Planning Commission review, even if the wireless facility is proposed for a commercial zone where Director approval is otherwise indicated. See the attached Table, Exhibit 2.

COMMUNITY AND INDUSTRY COMMENTS AND RESPONSES Attached as Exhibit 3 is a detailed list of the comments received from community and industry stakeholders and the City's responses thereto.

ENVIRONMENTAL REVIEW A negative declaration has been prepared for the Ordinance and is attached hereto as Exhibit C to the Planning Commission report.

PENDING WIRELESS ANTENNA APPLICATIONS

The Proposed Ordinances will affect approximately nine pending applications for encroachment permits and four pending applications for conditional use permits on hold by reason of the moratorium.

REVISIONS TO THE ORDINANCE

There have been a number of changes to the Ordinance since it was proposed to the Planning Commission. Exhibit 4 is a chart which outlines these changes.

EXHIBITS 1. February 3,2010 Planning Commission Report, Minutes And Motion, Exhibits C and D 2. Zoned Properties, Permit Review Authorities Matrix 3. Community And Industry Comments And Responses. 4. Chart Showing Changes Between The Ordinance And The Proposed Ordinance Presented

To The Planning Commission.

MINUTES REGULAR MEETING OF THE CITY OF GLENDALE

PLANNING COMMISSION MUNICIPAL SERVICES BUILDING, ROOM 105

633 East Broadway, Glendale, CA 91206 WEDNESDAY, FEBRUARY 3, 2010, 5:00 P.M.

5:05 p.m. - The meeting was called to order by Chairperson Kane in Hearing Room 105, Municipal Services Building, 633 East Broadway, Glendale.

1. ROLL CALL: Present: Absent:

Planning Department:

Legal Department:

Community Redevelopment and Housing:

Information Services:

Landregan, Lee, Scheetz, Yesayan, Kane None

Hassan Haghani, Community Planning Director Timothy Fay, Assistant Direclorof Community Planning Wolfgang Krause, Principal Planner Jeff Hamilton, Senior Planner Erik Krause, Senior Planner Aida Rasper, Recording Secretary

Michael Garcia, Chief Assistant City Attorney Christina Sansone, General Counsel- Public Works

Mike Fortney, Housing Project Manager

Steve Hronek, Wireless Administrator

2. REPORT REGARDING THE POSTING OF THE AGENDA

The agenda for this meeting was posted on the bulletin board outside City Hall on or before Wednesday, the 27th day of January, 2010.

3. PLEDGE OF ALLEGIANCE Chairperson Kane led the Pledge of Allegiance.

4. APPROVAL OF MINUTES

December 2, 2009 (Regular)

MOTION: Commissioner Scheetz moved, seconded by Commissioner Yesayan that the minutes of December 2,2009 meeting be approved.

VOTE: Ayes: Noes: Abstain:

Scheetz, Yesayan, Kane None Landregan. Lee

December 16, 2009 (Regular)

EXHIBIT 1

PltlllningColllmb'sicm Meeting Alil/llle ... Fdmutl)' ],2010

MOTION:

Commissioner landregan moved, seconded by Commissioner Scheetz that the minutes of December 16, 2009 meeting be approved.

VOTE: Ayes: Noes: Abstain:

landregan, Scheelz, Yesayan, Kane None Lee

5. ORAL COMMUNICATIONS: None

6. ZONING APPEALS: None

7. PLANNING COMMISSION ITEMS OLD BUSINESS:

A. ZONING CODE AMENDMENT CASE NO. PZON 2009·004 (Continued from October 21, November 4,2009, and January 20, 2010)

Location: Description:

Staff:

CITYWIDE Amendment to Tille 30 of the Glendale Municipal Code, 1995, 10 adopl a Reasonable Accommodation Ordinance. Jeff Hamilton, Senior Planner

Recommendation: Molion Ihal lhe Planning Commission conlinue this item to the regular meeting of March 17, 2010.

STAFF: Mr. Timothy Foy requested continua~on of this item to the Planning Commission meeting of March 17, 2010, without further notice, to allow staff to work on some housing elements of the project.

SPEAKING ATTHE HEARING: In support: None In opposition: None Interested persons: None

DISCUSSION BY COMMISSIONERS:

The Commissioners were in favor.

MOTION: Commissioner Scheetz moved, seconded by Commissioner lee that Zoning Code Amendment Case No. PlQN 2Q09..004 be continued to March 17, 2010 Planning Commission meeting without further notice.

VOTE: Ayes: Noes: Absent Abstain:

landregan, Lee, Scheetz, Yesayan, Kane None None None

At this point. Chairperson changed the order of the agenda as follows:

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7. PLANNING COMMISSION ITEMS· NEW BUSINESS:

A. USE VARIANCE CASE NO. PVAR 2009·047


Applicant: Siaff: Recommendation:

STAFF:

327 and 331 Salem Street and City Parking Lot No. 12 A Use Variance application to allow the development of livefwork units included as part of a new 4-story thirty-six (36)-unit affordable housing project located in the R-1250 (High Density Residential) Zone, where such use is not permiUed by the Zoning Code. Mitigated Negative Declaration PElF No. 2009-017 was made public from January 2, 2010 to February 1, 2010. Rodney Khan, Khan Consulting, Inc. Erik Krause, Senior Planner Motion that the Planning Commission approve PVAR 2009-047.

Mr. Erik Krause stated that the four livetwork unils are artist flats to be located on the ground fioof fronting Salem Street; that lhere are 58 parking spaces in a two level semi-subterranean garage which would be accessed from a single driveway on Salem Street on the west side of the project area. Mr. Krause said two of the four lots are currenlly developed as a city parking lot for the purpose of supporting commercial uses.

Mr. Erik Krause reported that a Zoning Hearing Officer meeting was held in the morning wherein the applicant requested concessions for increased height, number of stories. noor area ratio, setbacks, and an additional waiver to reduce the number of parKing spaces from the required 81 to 58 spaces pursuant to density bonus iocenlives. Mr. Krause further said that the project is scheduted to be heard by Design Review Board on March 4, 2010 at 5:00 p.m. , and by the Housing Authority on March 16, 2010.

Staff recommends that the Planning Commission approves Use Variance Case No. PVAR 2009-047 in accord with the findings and conditions listed in the motion prepared by staff.

Mr. Michael Garcia and Planning staff responded to the following questions which the Commissioners raised:

• concession for reduced parking spaces; • livefworK unit usage and occupancy; and, • if applicant paid for the parking study.

Mr. Erik Krause stated thatlhe Housing Authority would work with the developer on agreement for uses of the livefwork units.

Commissioner Lee asked slaff to conduct a study regarding parking requirement for low income residents or senior residents.

APPLICANT'S STATEMENTS: BY RODNEY KHAN. KHAN CONSULTING. INC.

Mr. Rodney Khan brieny described the project and stated that it is the first affordable housing project that is silver LEED certified, and the existing parking lot is one of the underulilized lots in the city. Mr. Khan defined a live/work unit as an integrated d'h'etling unit and working space. Mr. Khan also said that the developer 'M)uld WOfk with the Housing Authori ty on the project's rules and regulations for the project and the livefwork units specifically on the clarification of its use and regulations such as onsile manager, hours of operation, and reporting regulations.

Mr. Khan stated thaI applicant's request ror reduced parking for the project was to provide more affordable units. Mr. Khan summarized the findings:

1) The project is consistent with the Housing Element, the tive/'M)rk units are designed to include kitchen and sanitary facilities in compliance with affordable building standards, fire codes, and other codes.

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2) The site includes a commercial parking lot, the 2 lots to the west are vacant; the project will be an asset to the neighborhood aesthetically and functionally as a result of its proposed design. The project is designed to achieve silver LEED certification, which incorporates many green building components, recycled carpets, draught tolerant landscaping.

3) The project will not adversely affect nor create a conflict with adjacent uses, nor will it impede the development of surrounding properties. The context of the area are commercial parking lot on north and multi-family residential, same to the south, and to the west is two-story residential building, east is commercial parking lot and 6-story office building.

4} The project is provided with adequate public and private facilities such as utilities, landscaping, and parking; traffic circulation will be provided for the proposed use. CEQA analysis looked al alilhe utilities components.

Mr. Rodney Khan said that the applicant would comply with CEQA documents and recommended mitigated measures.

The Commissioners directed questions to Mr. Khan relating to hours of operation, definition of livefwork unit and permitted uses. Commissioner Lee raised the idea of the developer contributing to the Traffic and Transportation funds in exchange for the concessions being requested. Mr. Rodney Khan responded that the applicant would consider it.

Commissioner Landregan raised a concern about limiting the amount of activity in the livefwork un its to those permitted in the SFMU Zone. Commissioner Lee proposed tandem parking. Mr. Michael Garcia clarified that it would be up to the Housing Authority to regulate the hours of operation for livefwork units and other restrictions which the Commission would recommend \0 be imposed.

Mr. Carlos Ovalle, the project architect, responded to the Commissioner's questions about parking.

SPEAKING AT THE HEARING: In support:

In opposition: Interested persons:

Rodney Khan, applicant; Carlos Ovalle, project architect; Mike Fortney, Housing Project Manager. Hovik Aghaian, Eric Makhanian, Seda Aghaian, Chris Taga, Sandy Mitidero, Richard Espiritu, Barry Allen

Mr. Mike Fortney, City's Housing Manager, announced that a joint public hearing for City Council and Housing Authority was tentatively scheduled on March 16, 2010, 2:30 p.m. Mr. Fortney said a covenant about the four livelwork units with regards to hours of operation, tattoo artists or any specific use would be discussed with the City Attorney's Office.

Community Planning Director Hassan Haghani stated that the Department wanted \0 attract generic uses for the livelwork units such as computer or office services. Mr. Kane commented that he would be concerned about the computer services use operating 24/7, intensifying use, time, and parking. Mr. Haghani remarked that the Commission could impose limitation of number of employee, as well as restricted hours of operation.

APPLICANT'S REBUTTAL: BY RODNEY KHAN:

Mr. Rodney Khan responded to the following speakers' comments/issues: the project site is a disaster; is there a published study for live/work units relating to property values; the traffic consultant that spoke at the Zoning Hearing Officer meeting in the morning; the parking requirements are too onerous and that a study should be done to reduce parking for affordable housing.

Mr. Khan's responses were as follows: the project is in an excellentlocalion, and that it would not add anything to the already existing parking problem; there is no published study for live/work clients and property values, but they could research on it; that it was not a traffic consuttanlthal spoke at Zoning Hearing Officer meeting, it was a city's traffic engineer Mr. Tom Mitchell who spoke about parking; that he could not agree with reducing the parking for

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Plmlt/ ;lIgColllmil'S;OIl MeelillK Milmll!S Febrllary 3,2010

affordable housing if parking requirements are too onerous.

The Commissioners raised questions which Mr. Khan responded to.

Mr. Hassan Haghani handed out to the Commissioners a copy of Chapter 30.45 of the Zoning Code, relative to the home occupation permits which the Commissioners could use to formulate some conditions. Mr. Haghani informed the Commission thai the current live/work unit definition applies to the San Fernando corridor, and has a broader set of activity.

WRITTEN COMMUNICATIONS: (Mr. Krau se furnished Commissioners written comments from the public.) In support: None In opposition: Nikki Friedman; O. Bruce Prout Interested persons: Lisbeth Alejian

Chairperson Kane closed the public hearing.


The Commissioners deliberated and expressed concern about Ihe ro!iowing issues: no definitive guidelines as to the definition of a live/work unit; lack of guidelines for requirements for reduced parking space for affordable housing projects; usage requirements impacting parking; no policy on what use could be allowed in live/work units.

Commissioner Landregan suggested the following conditions to be addressed in a covenant: hours of operation and delivery, posting on the site noxious fumes and hazardous materials; sound limitation; limitation as to number of employees.

The Commissioners deliberated and expressed support of the project subject to all the findings and conditions prepared by staff and listed in the motion, as well as the following additional conditions:

1. Covenant with the Housing Authority to include at minimum: • Restrictions in the allowable hours of operation and deliveries; • Noxious fumes and hazardous materials are in compliance with Mitigated Negative Declaration PElF 2009-

017; • Any hazardous materials used be identified and visibly posted; • Limit the number of employees to one non-resident per each live/work unit; • Noise level be in compliance with standards of Noise Ordinance Chapter 8.36 applicable to residential

zones; and, • Annual review and inspection of livelwork units by Fire Department

2. Additional conditions as may be required by the Housing Authority.

MOTION: Moved by Commissioner lee, and seconded by Commissioner Yesayan, that upon review and consideration of all materials and exhibits of current record relative to Use Variance Case No. PVAR 2009·047, located at 327 and 331 Salem Street and City Parking lot No. 12, and after having conducted a hearing on said maller, that the Planning Commission hereby approves said Use Variance Case No. PVAR 2009-047 in accord with the findings and conditions listed in the attached motion, and the additional conditions proposed by the Commissioners, enumerated above.

VOTE: Ayes: landregan, lee, Yesayan, and Kane Noes: Scheetz

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Absent: None Abstain: None

CHAIRPERSON KANE CALLED FOR A BRIEF RECESS.

MEETING RECONVENED AT 6:43 P.M.

Commissioner Kane slaled that Commissioner l ee pointed out Commission did not acknov.-iedge nor certify the negative declara~on for just concluded Use Variance Case No. PVAR 2009-047. Mr. Michael Garcia said thai the environmental report was approved the Hearing OffICer al this morning's meeting, and it is 001 required 10 acknowledge the mitigated negative declaration.

7. PLANN ING COMMISSION ITEMS - OLD BUSINESS:

B. GENERAL PLAN AMENDMENT CASE NO. PGP 2010·001 and CODE AMENDMENT CASE NO. PZON 2010-001 (Rescheduled from cancelled meeting of January 20, 2010)


Staff:

CITYWIDE Amendment to Tilles 12 and 30 of the Glendale Municipal Code, 1995, the Downtown Specific Plan, Town Center Specific Plan and South Brand Boulevard Specific Plan related to comprehensive changes to the permitting, placement, design and maintenance of wireless telecommunications facilities in all zones, Christina Sansone, General Counsel- Public Works Timothy Foy, Assistant Director of Planning Howard Malis, Principal Planner Kristen Asp, Senior Planner

Recommendation: Motion that the Planning Commission review the proposed amendments related to wireless telecommunications facilities and provide a recommendation to the City Council.

STAFF: Ms. Christina Sansone, General Counsel for Public Works Department made a powerpoint presentation and provided a brief review of the following two proposed ordinances relating to the placement of wireless telecommunications facilities (wireless antennas): a) Amending TiUes 12 and 30 of the Glendale Municipal Code; b) Amending the Downtown Specific Plan, the Town Center SpecifIC Plan and the South Brand Boulevard Specific Plan.

Ms. Sansone stated that proposed ordinances are designed to strengthen the city's requirements for the siting and installation of wireless antennas within zoned property in City, and to address the following City-wide concerns driven by significant increase in wireless antenna applications in sensitive zones throughoutlhe ci ty:

telephone industry requires more advanced equipment requiring more bandwidth capacity to handte newer services; advanced networks such as 3G, require more coverage and capacity which must be serviced by smaller microcen antennas specially in the hillside areas; rush by telecommunications providers to encourage replacement of landline services with wireless services requiring increased capacity by provider, increase in wireless antennas; wireless antenna services were also encouraged by Congress to protect national security and public safety and thus wireless phones have gained a new prominence on the national scene as a result of the critical role they play during emergencies and crisis situations; signifICant changes in the law created by Sprint Telephone vs County of San Diego, and other cases that followed.

Ms. Sansone said that City Council found a need to review and analyze its existing ordinance and current

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state laws to safeguard residential and other sensitive uses from intrusion of incompatible and potential disruptive uses relating to placement, construction, modification of wireless antennas. In response to Council directive, Ms. Sansone said staff investigated all known cellular antenna siles by going out in the field, did a spectrum analysis, and review of city's documentary files particularly in the city engineer's office, and a map was prepared showing all known 110 active sites within or adjacent to city.

Mr. Jeffrey Melching, from the law firm of Rutan & Tucker, and City's outside legal counsel for telecommunications, talked about legal constraints.

Mr. Jonathan Kramer, an FCC licensed expert in the field of telecomunications and is the founder and principal attorney of the Kramer Telecom law Firm, P.C., and technical advisor to the City, briefly discussed the federal regulations and radio frequency emissions.

Ms. Sansone announced that Mr. Kramer was the co author of Exhibit D, "A local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance", used in the EIR process and CEQA reviews in general in developing the proposed ordinances.

Ms. Sansone stated that in October 2009 the city solicited input from industry and community stakeholders on the proposed ordinance. Three separate community meetings were held giving the public opportunity to comment during and after the meetings. Ms. Sansone referred to exhibit E for the public comments and staffs responses to their comments.

Ms. Sansone pointed out two new permit requirements in the proposed ordinance: 1) installation of encroachments in the public right of way; and, 2) wireless antenna applications in zoned properties which would be processed by the Planning Department. Both permits are designed to incentivize carriers to locale in less sensitive commercial, mixed use, and industrial zones. Ms. Sansone said the review process for zoned properties would allow the Planning Director to approve or deny the permits in non-residential zones and for temporary Class 3 antennas. Ms. Sansone added that cases that exceed height limits would be referred to the Planning Commission; and the Historic Preservation Commission would review applications in the historic overlay zones before sending them to the Planning Commission.

Mr. Jonathan Kramer talked briefly about the seven antenna classifications and responded to the Commissioners' questions about camouflage techniques for those antennas.

Ms. Sansone discussed the preferred styles and preferred zones such as commercial and industrial locations; that wireless antennas are discouraged in sensitive zones such as residential or historic; and that the carrier would be required to demonstrate that there is a significant coverage gap which could not be met by any other means, alternative location, or configuration, before a wireless antenna could be approved for residential or other sensitive zones.

Community Planning Assistant Director Timothy Foy informed the Commission that Mr. Steve Hroneck, City Wireless Administrator, had made discussion with staff about preliminary baseline analysis on wireless antennas. Mr. Hroneck informed the Commission that his office has reviewed thousands of propagation maps; that he went out and found all the sites both visually and by spectrum analysis with the help of the City Public Works Engineering Department; and that he helped build the wireless antenna site map. Mr. Hroneck said from a radio frequency emission standpoint, that he didn't think carriers would come into the City with misleading applications because there would be too great a financial risk for them to propose something that would not be up to code standards. Mr. Hroneck commented that his office would be willing to assist the Planning and Public Works offices to analyze the permit applications.

Ms. Christina Sansone interjected that wireless antennas must identify the geographic service area of subject location, and supplement propagation maps with additional information like mockups, photos and possible presentations justifying the carrier's significant gap analysis.

7

Pltlll llillgColllmisl"jo/l Afeelillg A'lillllies FebrmllJ' 3,2010

Ms. Sansone stated further that performance evaluation would be required annually to ensure wireless antennas comply with regulatory and operational standards, and to require all wireless antennas to comply with FCC guidelines for exposure of RF emissions. Additionally, Ms. Sansone said that fencing, screening, security signage, and safety lighting are required securily measures.

Ms. Sansone slated that the proposed ordinance provides for retention of a wireless antenna consultant to assist staff when, in the discretion of the Planning Director, it is necessary in order to evaluate wireless antenna permit applications. Ms. Sansone emphasized that an expert consultant may not be mandatory for all applications, and that fees are paid by the applicant.

Ms. Sansone pointed out that there would be community notification for zoned properties of all public hearings of the Planning Commission through newspaper publication, at least 1 0 days in advance; and mailed notices to all within properties 500 feet of the property; and, posting in the property at leas\10 days in advance.

SPEAKING AT THE HEARING: John McMahon; Suzanne Edwards and Marguerite Lincoln (both did not speak); Michael Hunt; Mirna Stanley;Lawrence Kalfayan, Elise Kalfayan; Theodore Polychronis; Leslie Daigle, Verizon Wireless; Jamie T. Hall, CA Wireless Association; Rick Roche, AT&T.

RESPONSES TO PUBLIC COMMENTS:

Mr. Melching responded to the following public comments: public right of way and findings for zoned property; setback issues; significant coverage gap; RF compliance report consistent with Federal law; ordinance must be understandable; bonds and insurance;; the FCC Declaratory Ruling regarding 'shot clock" time limitations; and, CEOA process.

The Commissioners raised questions and concerns as follows: how alternative analysis is done; if there is a public process to hear and comment on public right of way installations; and compliance notices. Ms. Sansone advised the Commission that, as drafted, the proposed ordinance does not require the Public Works Director to hold public hearings for encroachment permits for wireless facilities.

Ms. Sansone concluded her presentation by saying that her office had worked with Planning and Public Works staff to develop an ordinance that council would want to see - one that would prevent the placement of antennas in undesirable locations to the greatest extent possible under the law; the application process requires carriers to supply more justification for antenna placement and gives the review authority greater ability to review all of factors into consideration . Ms. Sansone further said that the proposed ordinance also gives carriers the opportunity to know specifically what is required for wireless facility antenna applications.


The Commissioners deliberated. Chairperson suggested that the Commissioners' comments be incorporated to the report to Council.

Community Planning Director Hassan Haghani announced that any community organization who wishes to be notified of all of discretionary hearings, is asked to give its organization name and contact person name, and that the contact person should notify their members about the hearings. Mr. Haghani added that the public could visit the Planning Department website and click on every project in process that they want to view.

Mr. Timothy Foy reported that Planning Department gets about 4 or 5 wireless antenna applications a year.

MOTION: Moved by Commissioner Landregan, seconded by Commissioner Lee that upon consideration of the proposed ordinance to facilitate the installation of wireless telecommunications facilities, the Planning Commission hereby

8

1'ltlllllillgCommi.uioll Ai eelillg M il/ules Febflmry 3, 201 ()

recommends that the City Council adopt the proposed Ordinance amending Title 30 of the Glendale Municipal Code, 1995, the Downtown Specific Plan, the Town Center Specific Plan and the South Brand Boulevard Specific Plan, and that the following Commissioners' comments be presented to City Councils:

Commissioner Scheetz:

Mr. Scheetz would support the legislation event though it is unclear where equipment cabinets vvould be placed. Mr. Scheetz does not find standards fOf residential placement.

Commissioner Lee:

Mr. Lee supports the ordinance but feels he did not receive a concrete argument regarding the 15 feet or 75% setback, whichever is larger in residential areas. Mr. Lee would like to see this included in the ordinance, but would vote for the ordinance because there is a need to lift the moratorium.

Commissioner Yesayan:

Mr. Yesayan supports the ordinance, and thanked staff for exceptional work to put up the proposed ordinance. Mr. Yesayan noted thai water tanks should not be considered preferred locations and should be taken out of the ordinance.

Commissioner Landregan:

Ms. Landregan would like the following issues raised by public speaker Mirna Stanley added in the ordinance: slopes, contours, trees, topography, and any earth moving change that occurs in any of the areas that are not residential but are adjacent to a residence should be part of application process. Ms. Landregan commented that as a tower becomes taller, it becomes more visible and more of a concern to the residents; radius map needs to extend in the height limit, maybe SOD feel.

Ms. Landregan said Ihat visibility in the neighborhood is affected; that public notification area needs to be expanded. Ms. Landregan added that if we cannot deal with Mr. McMahon's comments which is 75% of tower height or 15 feet whichever is targer, she said she thinks that in the public right of way, anything within 1,000 feet of residential neighborhood requires public hearing. Ms. Landregan commented further that it might solve the problem as opposed to setback.

Commissioner Kane:

VOTE, Ayes: Noes: Absent: Abstain:

Mr. Kane commented that the ordinance is restrictive, but is no more restrictive than the slate and federal government regulations. Mr. Kane would prefer to leave the notification area at existing SOD feel and leave ilto the discretion of the Planning Director 10 expand it or not. Mr. Kane raised a concern about the setback and would urge consultants and staff to be a lot more clear with visual scenario. Mr. Kane also commented that a simple rendering type of installation on a posting is not bad idea. Mr. Kane agrees with Ms. Landregan's comments about the slopes, contours, topography, etc.

Landregan, lee, Scheetz, Yesayan, Kane None None None

B. ZONING CODE AMENDMENT - CASE NO. PZON 2009·007

Location: CITYWIDE

9

PlflIlllillgCiJlllmil 'sioll Meetillg Mil/lites February 3, 2010

Description:

Siaff: Recommendation:

Amendments to Title 30 of the Glendale Municipal Code, 1995, relating to design review. Wolfgang Krause, Principal Planner Motion that the Planning Commission review the proposed amendments relating to design review and provide a recommendation to the City Council.

Chairperson Kane suggested that it be continued to the February 17, 2010 Planning Commission meeting without further notice. Planning slaff was in favor.

MOTION: Moved by Commissioner Lee, and seconded by Commissioner Laooregan, that Zoning Code Amendment Case No. PZQN 2009-007 be continued to the February 17, 2010 Planning Commission meeting without further notice.

VOTE: Ayes: Noes: Absent: Abstain:

Landregan, Lee, Scheelz, Yesayan, and Kane None None None

8. PLANNING DEPARTMENT UPDATES: None

9. COMMENTS FROM PLANNING COMMISSIONERS: None

10. ADJOURNMENT: Chairperson Kane adjourned the meeting at 10:35 p.m. All were in favor.

CHAIRPERSON - PLANNING COMMISSION

LS:TF:KA:CS:EK:WK:ar

10

TO:

PREPARED BY:

REVIEWED BY:

MEETING DATE:

FILE NO./CASE:

PROPOSAL:

APPLICANT:

LOCATION/APN:

GLENDALE PLANNING DEPARTMENT

PLANNING COMMISSION STAFF REPORT

Members of the Planning Commission

Christina R. Sansone, General Counsel- Public Works

Timothy Fay, Assistant Director Planning Kristen Asp, Senior Planner

February 3, 2010

General Plan Amendment No. PGP 2010·001 Code Amendment No. PZON 2010-001

Amendments to Titles 12 and 30 of the Glendale Municipal Code, the Downtown Specific Plan, the Town Center Specific Plan and the South Brand Boulevard Specific Plan relating to the placement of Wireless Telecommunications Facilities.

City-Initiated

Citywide

This item was originally scheduled for the January 20,2010 Planning Commission meeting. The January 20 meeting was cancelled and all agenda items were automatically continued to the next Planning Commission meeting of February 3. The staff report and all attachments for this item on January 20 are attached.

TO:

PREPARED BY:

REVIEWED BY:

MEETING DATE:

FI LE NO.lCASE:

PROPOSAL:

APPLICANT:

LOCATIONfAPN:

RECOMMENDATION:

GLENDALE PLANNING DEPARTMENT

PLANNING COMMISSION STAFF REPORT

Members of the Planning Commission

Christina R. Sansone, General Counsel-Public Works

T imothy Fay, Assistant Director of Planning Kristen Asp, Sen i~r Planner

January 20',2010

General Plan Amendment No. PGP 2010-001 Code Amendment No. PZON 2010-001

Amendments to Titles 12 ,and 30 of the Glendale Municipal Code, the Downtown Specific Plan, the Town Center Specific Plan and the South Brand Boulevard Specific Plan relating to the placement of Wireless Telecommunications Facilities.

City-Initiated

Gitywide

The Planning Department staff respectfully recommends that the Planning Commission review the Proposed Ordinance which, in part, amends Title 30 of the Glendale Municipal Code, the Downtown Specific Plan, the Town Center Specific Plan and the South Brand Boulevard Specific Plan to revise the regulations concern ing the insta llation and 'maintenance of w ireless telecommunications faci lities ("WTFs") and provide a recommendation to the City Counci l regarding the adoption of the Proposed Ordinance.

SUMMARY

Due to the recent significant increase in applications for placement and upgrade of WTFs throughout the C.ity, the City Council, in January 2009, determined that there is an immediate need to explore new regulatory options for better managing and minimizing the safety, aesthetic, co-location, and additional regulatory management issues driven by the proliferation of WTFs. Consequently, the Council established a moratorium on certain WTF applications in sensitive residential areas. The Proposed Ordinance is intended to address these City-wide concerns by: • Establishing preferences for the zones, locations and aesthetics; • Protecting the visual character of the community; • Prescribing clear, reasonable and predictable criteria to assess and process applications in

a consistent and' expeditious manner; • A llowing for the orderly and efficient deployment of WTFs in accordance with state and

federal laws; and.

Wireless Telecommunications Facility Ordinance January 20,2010 Page 2

• Providing for the managed City-wide development of WTFs . • Current Review And Permit Process. The existing process for the installation of wireless telecommunications facilities ("WTFs") is governed by Glendale Municipal Code, 1995 rGMC") Section 30.34.170 which prescribes aesthetic standards, design review, height, lighting, security, co-location, removal, annual performance certification, notification of change of ownership and non-interference with television and radio operations. Depending on the particular zone, a INTF is either a permitted use or requires a conditional use permit.

In residential zones (ROS, R1, R1R, R-3050, R-2250, R-1650 and R-1250), a conditional use permit with a hearing before a Zoning Hearing Officer is required . Typically, these applications are for properties deep in the hillsides. In the SR zone, review by Ihe Planning Commission is required. In other zones, a conditional use permit was formerly required, but due to -the lack of conditions imposed, as well as the sparse attendance al the public hearings, the CUP requirement was changed approximately three years ago. Staff still. reviews these applications for design purposes, but typically any design problems are satisfactorily resolved without the need for a hearing before the fu ll design review board.

The Proposed Ordinance is summarized as follows:

New Permits Established. The proposed ordinance establishes new permit requirements for public rights-of-way and zoned properties.1 For zoned properties, the new Chapter 30.48 will govern the installation of WTFs in zoned property. Those permits will be processed through the Planning Department. Processing and review will be based upon the classification of the antenna.

Exempt Facilities: The new permit requirements will not apply to the following: 1. Amateur ("Ham-) Radio Stations 2. Video antennas including direct-to-home satellite dishes that are less than one meter

(39.37") in diamete'r, TV antennas that are no greater than 12 feet above the roof of the building and wireless cable antennas.

3. Portable radios and devices iricluding hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices. .

4. Government-owned and operated telecommunications facilities. 5. Emergency medical care provider-owned and operated telecommunications faci lities. 6. New equipment or materials in the same location on existing facilities, for the sale purpose

of repairing, replacing or maintaining such existing facilit ies. 7. Broadcast facilities - non-cellular radio and TV station antennas. 8. Any other antenna facility exempted by federal or state law.

New application reguirements. 2 Applications for WTF permits will require, in addition to the basic application, the following information:

I This report predominately focuses on zoned properties rather than public rights-aI-way. The new permit requirements tor public rights-at-way encroachment permits are governed by chapter 12.08 . . 2 A WTF Application Form is being developed which includes the criteria specified In the Ordinance.

2

Wireless Telecommunications FaciJity Ordinance January 20,2010 Page 3

1. Accurate mapping of the proposed site and all existing WTF locations owned by applicant.

2. Engineering certification demonstrating .compliance with FCC RF emission standards. 3. Justification of proposed height. 4. Analysis of alternative sites and configurations. 5. Visual impact analysis with accurate photo simulations. 6. Projection of future needs within the City. 7. Analysis of the gap of coverage that the proposed antenna is intended to cover. 8. Demonstration that the proposed WTF has been designed to the minimum height and

diameter. 9. Maintenance and monitoring program including associated landscaping. 10. Demonstration of good fai lh efforts to co-locate the WTF and to _ make the WTF available

for co-location of others.

Antenna classifications. WTF permit applications will be divided into antenna classifications which are the various classes in which wireless telecommunications facilities and their attendant accessory wireless equipment will be categorized based on observed aesthetic impacts. The classifications will be used 10 determine the level of permit review. Applicants will be encouraged to place WTFs in preferred styles, zones and locations given the particular antenna classification. Table 30.48 of {he Proposed Ordinance illustrates the review authority for each zone and antenna classification. The classes are summarized as follows:

Class 1-Fully Screened. Mounted on a build ing-or structure and fully screened using camouflage design techniques so that the antenna panels are nol visible to the general public. Example: Building-mounted antennas behind a visually opaque screen designed to pass radio frequency signals and that match or complement existing exterior surfaces of the building: or antennas designed to be incorporated within a vertical architectural feature of a building such as a steeple, cross, or other integral vertical elements. Class 1 antennas could be mounted behind screens designed to replicate natural features such as rocks and shrubbery or mounted in hillside areas or other natural areas where the screen effectively and fully blends into the surrounding v~getation or topography so that the antenna is not visible.

Class 2 - Co-located WTFs. Class 2 antennas are co-located on an approved or-existing base wireless telecommunications facility and mounted in the same manner and with the same camouflage design techniques as the approved or existing wireless telecommunications facility. Co-location on other faci lit ies or how other carriers wi ll be a llowed to co-locate on their facilities Whenever it is technically and economically feasible and aesthetically desirable, co-location is preferred. Co-located facilities are further regulated by Gov't Code section 65850.6 which requires such facilities to be a permitted use only if the underlying base facility was subject to a discretionary permit and was subject to either an environmental impact report, mitigated negative declaration or a negative declaration. If the underlying base facility does not meet this thresho ld, the co-located facility application will be treated throug~ the discretionary permit process.

Class 3 - Temporary Antennas. Antenna no larger than 3 cubic feet and associated equipment system that is a temporary (not more than 90 days). Can be a mobile unit intended to provide coverage on an interim basis until a permanent faci lity to provide coverage for the same general area ;s operational, or in connection with a special event of a temporary duration (not more than

3


30 days). Does not include temporary emergency use antennas. Ex: "ceU-on-wheels~ mobile antennas.

Class 4 - Sports Field Tower/Utility Tower/Monopoles. Antenna mounted on an existing sports field light standard, on a utility lattice tower or on a monopole. A Monopole is a freestanding structure compdsed of a single 'spire or pole without guy wires and ground anchors and used primarily to support a WTF. Class 4 permit applications will require a high level of review and will be subject to visual impact screening standards, sign ificant coverage gap analysis, alternative location analysis and will be classified based on the proposed visibility and location of the facil ity.

Class 5 -- Cylindrical Vertical structure. Antenna mounted within the cylinder of a flagpole or 'other cylindrical vertical structure that utilizes the diameter typical of the flagpole-or other similar vertical element that the antenna replicates.

Class 6 -- Partial visibility. Antenna either (1) mounted on a structure that is treated with camouflage design techniques, but with only the anlenna panels still visible, or. (2) Mounted on the exterior of a freestanding structure that has been specifically built for the sale purpose of supporting a WTF using camouflage design techniques that only partially hide or disguise the antenna panels but leave them partia lly visible. Ex: antennas mounted on the exterior of the build ing or fixed to the side of some other structure such as an above-ground water storage tank, so that the antenna panels are partially visible but are painted to match the color of the building or structure. Ex: monopines or monbpalms.

crass 7 -- Freestanding structure, fully camouflaged or disguised. Antenna mounted on the interior of a freestanding structure for the predominant purpose of housing a WTF. Said structure shall be: compatible with other surrounding structures and facilities; has been built solely for the purpose of supporting the WTF using camouflage design techniques so that it is fully enclosed within the structure and the antenna panels are not visible. Ex: Signs, clock lowers, lighthouses, water towers, campan ile (bell tower), windmill, or other suitable vertical structures.

Specified preferred zones and locations. The Proposed Ordinance requires, to the greatest extent possible, that wireless towers and poles be concentrated in preferred zones such as commercial and industrial locations. If wireless facilities must be located in sensitive areas such as residential or historic. districts, the carrier may be required to meet certain additional conditions and would be subject to discretionary approval at the Planning Commission level.

Aesthetic Standards: There are a number of ways a city can limit the aesthetic impact of a wireless antenna provided the carrier is not prohibited or have the effect of prohibiting the provision of services and the City's limitation does not unreasonably favor one competitor over another. The possible areas of regulation include but are not limited to the following: seleel a less sensitive site, reduce the tower height, use a preexisting structure or require them to be camouflaged to fit in with their surroundings, and requiring a least intrusive means provided itdoes not deny significant gaps in coverage. Fully camouflaged facilities are favored.

Applicants must provide accurate photo simulations and maps where said photos were taken. WTFs must be camouflaged or screened particularly in residential and sensitive areas. If

4


required by the Director of Planning, landscape plans and proposed irrigation plans will need to be submitted. The antennas, supporting structures, and associated.equip·ment shall be a color which blends the antennas to the natural setting and built environment to help camouflage the facility. All ground-mounted equipment must be completely screened andior camouflaged from public view and be c~mpatible with the surrounding area.·

Preferred zones. The Proposed Ordinance requires, to the greatest extent feasible, that wireless towers and poles be concentrated in preferred zones such as commercial and industrial locations. If wireless facilities must be located in sensitive areas such as residential or historic zones, the ca rrier will be required to demonstrate that there is a significant coverage gap which cannot be met by any alternative location or configuration.

The differentiation between residential and non-residential zones is not unique to wireless facilities. For aU buildings and structures, the threshold for a public review of a design proposal is much lower in residential zones than in non-residential zones. Recognition of the aesthetic sensitivity of residential zones has been in the City codes for many years. The proposed ordinance for WTFs continues that differentiation.

This system also offers a significant incentive to wireless companies to cooperate with City Planning and Urban Design staff to mitigate aesthetic considerations and fit into the architectural and community character of the site.

The proposed ordinance both strengthens the City's review powers through more sophisticated application requirements and preselVes the incentives for carriers to locate in less sensitive commercial; mixed use and industrial zones. All WTFs in all residential zones and in the SR zone would contin'ue to require a noticed public hearing. The name of the permit would change - the ordinance introduces a new WTF permit instead of a CUP or an SR Review - but the noticing (3 by 4 posted sign and 500 foot mailout) remain unchanged. All WTF permits in these zones would be heard by the Planning Commission. There would be no hearings before a Zoning Hearing Officer (such as the previous CUPs hea~d by the Zoning Administrator) ..

Only in non-residential zones would there be Director-approved permits. This continues the existing system of jncentivizing WTFs in locations other than residential areas. If the Director is not satisfied with the design 'of a WTF in a commercial, mixed use or industrial zone, he or she could-deny the permit.

Although the recent court decisions have considerably increased the aesthetic discretion that the City can exercise, the ordinal"]ce clarifies one point of law regarding height exceptions, versus the requirement to obtain a variance. If a WTF is proposed to exceed the height limit of its zone, the request will be considered by the Planning Commission. For applications in residential zones and SR zones, this will be part of the normal Planning Commission review. However, in commercial, mixed use and industrial zones, it will cause the review body to change from the Director to the Planning Commission . . The PC will have to find that the additional height is truly necessary before granting approval of a height exception. This is slightly different from the findings required for a variance, which often focus on the unique characteristics of the site itself. In any case, there will still be a public hearing with the same noticing requirements as a variance application.

5

Wireless Telecommunications Facility Ordinance January 20, 2010 Page 6 .

It should be noted that the Planning Commission would be charged with conducting design review of the antennas which come before it, instead of the Design Review Board. The Planning Commission already has design review authority over all buildings and structures in SR zones and also exercises some authority over site planning in regards to certain subdivision maps. Staff believes that the Planning Commission's greater familiarity with legislative matters makes it best equipped to navigate the complex web of regulations which govern and sometimes limit local authority and review of wireless facilities

Significant Service Gap Analysis: Applicants must identify the geographic service area for the subject installation·, induding a map showing all of the applicant's existing sites in the local service network; associated with the ~overage gap the WTF is meant to close, and describing how the coverage gap will be filled by the proposed installation. The wireless provider must show that the proposed facility site is necessary to fill an existing significant gap inthe·ability of users to access the network and that the chosen site is the least intrusive and most compatible with the local community. A propagation map is a start but it will not be enough to show whether a significant gap exists. AppHcants will need to show by photographs, possibly mock-ups and possibly by presentation to the City . .

Alternative Sites Analysis . The City will require that a good faith effort has been made by the telecommunications provider to identify and evaluate less intrusive alternatives such as less sensitive sites, alternative system designs, alternative tower designs, placement of antennas on existing structures, and co-location. For residential zones, applicants must supply an alternative site analysis. The analysis must evaluate the availability and feasibi lity of potential alternative sites located outside a residential zone. It must include a map showing other potential stand alone locations and describe in detail why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include cost, visual benefits and detriments of alternative sites, and proximity to single family dwellings. The solution ultimately selected by the carrier should be the least intrusive means of filling these gaps with a reasonable level of se~ice.

Setbacks. For zoned properties, all classes of antennas must meet the setback requ irements of the respective zoning district. In single-fami ly residential zones, the interior setbacks are generally six 9r ten feel. The allowable height limits. in the single family zones range from 25 to 32 feet. Therefore, a proposal for a 25 foot antenna that is, for example, ten feet from an interior property line would not require a variance. However, it is still subject to aesthetic review, including how it fits into the neighborhood, during its requ ired Planning Commission public hearing. .

Height limitations. As noted above, all classes of antennas must meet the height limitation of the requested zone. Deviations from the height" limitations will require Planning Commission review, even if the WTF is proposed for a commercial zone where Director approval is· otherwise indicated ..

Underqrounding Facilities. All equipment associated. with antennas will need to be placed underground to the maximum extent possible and practicable.

6


Notice To The Public. For all WTF permit applications, the community will be notified of public hearings to the same extent as other zoning permits such as conditional use permits, variances, design review and requests for parking r.eduction. Notices of public hearings will be posted at the proposed site, published in a newspaper of general circulation, and mailed postage prepaid, at least 10 days before the date of the hearing. All property owners within a radius of ~OO feet shall be sent mailed notices. The requirements are set forth in further detail in Section 30.61.010 of the Proposed Ordinance.

Findings of fact. Section 30.48.040 of the Proposed Ordinance requires 8 findings of fact to be made by the review authority before a WTF permit can be granted.

Radio Frequency Emission Compliance Verification. As more fully discussed in the Background section of this report, the City is preempted from regulating the siting of facilities based on the safety effects of Radio Frequency C'RF") emissions to the extent that they comply with FCC regulations. However, the FCC does not restrict local agencies from verifying that the carrier is in compliance with the FCC standards. The Proposed Ordinance imposes requirements that the carrier demonstrate that the facility complies with the FCC's RF emission standards. Any wireless provider who fails to meet FCC RF emission levels to remedy the problem within a set number of days 'of receiving notice of said failure from the City.

Interference. The Proposed Ordinance requires a wireless provider to certify that its WTF does not cause inlerference with reception of area television or radio operations and ensure continuous compliance with federal and state requirements regarding interference with reception of such operations.

Maintenance. A Maintenance and monitoring program wi ll be required as part of the antenna application for the WTF, back-up equipment and landscaping.

Abandonment or Non-Use. If not operated for a continuous period of three (3) months or more, faci lity may be deemed to be abandoned. The owner of same shall remove the facility within ninety (90) days following the mailing of a written notice that removal is required . If two (2) or more providers of wireless telecommunication selVices use the same base antenna support structure or related equipment, the period of non-use ul)der this section shall be measured from the cessation of operation at the location by all such providers. However, any single carrier that abandons its portion of the facility must remove as much of the facility as possible leaving all active carriers' equipment in place. Failure to remove a faci lity upon abandonment or non-use shall constitute a public nuisance.

Notification of Change of Ownership/Operator. Upon assignment or transfer of a WTF permit or any of the rights thereunder to a new wireless telecommunication operator, the owner qr operator shall provide written notice within thirty (30) days ~o the Director of Planning.

Expert reviews when necessary. It will be necessary in some cases, particularly for site selection and propagation analysis , that the City retain an expert in the field of telecommunications to review the technical aspects of an individual application. In such a case, the expert's fee will be covered by the applicant. It will be necessary for City slaff to develop criteria and standards by which the City would require the hiring of such an expert. It is

7

Wireless Telecommunications Facility Ordinance January 20, 2010 Page 8

anticipated that closer scrutiny, such as expert review, will be applied when applications are received for the most sensitive locations and zones or when height exceptions are requested.

Term of permit. Initial term would be no longer than 10 years. As with any permit, applicants may seek a renewal, and, as with similar permits such as .conditional use permits, a "renewal" is subject to the same hearing process as a completely new structure.

Appeals. The Ordinance provides for appeals to the Planning Commission or City Council by applicant and/or any aggrieved party.

BACKGROUND

Recently, the City has experienced a significant increase in the number of applications for the installation of wireless telecommunications aritennas and associated facilities (collectively, "WTFn) in residential zones and adjacent public rights-of-way. The proliferation of these applications, particularly in residential zones was not anticipated in 2006 when the City established its first and still existing regulatory structure for the approval of WTFs. It has became apparent to the City Councii that there is an immediate need to explore new regulatory options for better managing and minimizing the safety, aesthetic, co-location, and additional regulatory management issues driven by the proliferation of WTFs. To further illustrate the magnitude of WTF locations in the City, a map of currently known existing WTFs will be provided at the Commission's public meeting.

On January 13, 2009, the City Council adopted a moratorium which placed on hold all applications for the installation of new wireless telecommunications facilities in residential zones or in public rights-of-way within 1000 feet of a residential zone. The moratorium allows City staff time to study the recent proliferation of WTFs, review current City regulations concerning said facilities and consider revisions consistent with Federal and State laws and regulations. The moratorium remains in effect at this time.

Staff developed the attached Proposed Ordinance to strengthen the City's review and permit 'processes for the installation and maintenance of WTFs through the establishment of two new permits for encroachments on public rights-of~way and for installations on zoned properti~s. A previous draft of the ordinance was presented to the community and industry stakeholders at three pubric' meetings. The Proposed Ordinance is also being publicized through the City's website.

STATE AND FEDERAL LEGAL FRAMEWORK

The ability of the City to regulate telecommunications providers is highly restricted by a complex of federal and state laws and agency regulations including but not limited to the Federal Telecommunications Act of 1996, 47 USC §§ 253, 332(7)(A) ("TCg), as amended, regulations of the Federal Communications Commission ("FCC"), the California Public Utilities Code §§ 7901 and 7901 .1 and regulations of the 'California Public Utilities Commission (~CPUC"). The following is a brief summary of the legal framework wiUlin which the City must develop the Proposed Ordinanc.e. .

B


Federal Law. The TCA set the general parameters for local regulation as follows:

o ,The City cannot regulate in such a way as to prohibit or have the effect of prohibiting the ability of a wireless carrier to provide telecommunications selVices;

o The City's regulations must be on a competitively neutral and nondiscriminatory basis and the compensation required is publicly disclosed by the City;

o The City must;· (a) take action on wireless facility zoning applications within a reasonable period of time: (b) make any denials in writing and supported by SUbstantial evidence contained in a written record, and (c) refrain from regulating the placement, construction, and modification of personal wireless service facilities on the basis of the environmenta l effects of RF Emissions.

Preemptive FCC Regulations. The FCC's authority extends widely over wire and radio communications over all common carriers for hire in interstate and foreign communications. The following are two areas of particular concern in the development of the Proposed Ordinance.

(1) Radio Frequency Emissions. The FCC has exclusive jurisdiction to set standards for radio frequency emissions for WTFs. One of the chief concerns of the public is the health effects of exposure to RF Emissions. Federal law largely preempts local authority to regulate wireless facility placement based on RF Emissions. 47 USC § 332(c)(7)(8)(iv) . The FCC recognizes the public's concerns about the health effects of RF Emiss ions. In order to address those concerns, and regulate the levels of RF Emissions based on public safety, the FCC has issued rules which require transmitting facilities to comply with RF exposure guidelines and thus safeguard human exposure 10 RF Emissions. 47 C.F.R.§§ 1.1307, 1.1310, 2.1091 and 2.1093. The FCC's rules adopt standards set by the National Council on Radiation Protection and Measurements, the American National Standards Institute, and the Institute of Electrical and Electronics Engineers. 47 CFR § 1.1310. The FCC issued Bulletin 65 which contains detailed information on methods for compliance with the FCC guidelines. The FCC and the Local arid State Government Advisory Committee of the FCC, developed a guidance manual for the wireless carrier and for public officials. See Exhibit D, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance."

Nevertheless, the FCC does not restrict local agencies from verifying compliance with sa id FCC standards. Thus, the City is not precluded from enacting the following reasonable non~ burdensome requirements.

(2) "Shot Clock" Time Limitations. On November 18, 2009, the FCC released a Declaratory Ruling ("FCC Ruling") establishing "shot clock" time limitations by which local governments must take final action on land use applications for the siting of wireless telecommunication facilities . Accord ing to the FCC Ruling , local governments must review wireless facility applications for completeness within -3D days from the time the application is submitted by the wireless carrier. Once deemed comptete, the local jurisdiction has 90 days to review and decide on co~loGation applications; and 150 days to review and decide all other applications. If a local jurisdiction fai ls to act within these t imeframes, an applicant may file suit within 30 days. Should the wire less carrier file such a lawsuit, the local government wi ll have to prove that it acted "reasonably" when it failed to act within the !imeframes. The FCC Ru ling

9


states that the time limitations may be extended by mutual consent of the applicant and the local govemment and in such instances, the 3~-day period for filing suit will be tolled.

State Law. The City's authority tq regulate the placement and installation of WTFs in the public rights-of-way are further preempted by Cal. Public Utility Code §§ 7901 and 7901 .1. and the California Public Utilities Commission Authority ("CPUC"). Although the CPUC generally defers to cities the authority to regulate the location and design of wireless facil ities the CPUC has the authority to preempt local zoning authority in limited situations as set forth in the CPUC's General Order 1S9-A, and Califomia Constitution, Article XII, Section 8.

Recent Court Decisions. Three recent federal appellate cases have clarified the' scope of a local agency's review and consideration of WTF applications.

In Sprint Telephony pes, L.P. v. County of San Diego (" Sprinf'), the glh Ci rcuit established in order to challenge a local zoning ordinance, a telecom carrier must show that the application of the local ordinance in a particular case resulted in the actual or effective prohibition of a telecom service. This is common ly known as an "as applied" challenge which requires the court to look at the facts underlying the prohibition claims.

In T-Mobi/e USA Inc. v. City of Anacortes ("Anacortes"), T-Mobile asserted that there was a significant gap in ils coverage which requi red it locate a W TF at a particular site owned by a church. The permit examined 18 site alternatives and proposed construction at the church site. Anacortes denied the application. The court found that T-Mobil had made a sufficient showing that there was a significant gap in coverage. Once the carrier made that sufficient showing', the burden shifted to the city to propose a less intrusive alternative location that was technically achievable on commercially reasonable terms. Anacortes had not done so. Consequently, Anacortes was preempted from denying a permit because it effectively prohibited T-Mobile's provision of service. Among other things, the Anacortes case illustrates that each permit must be handled on a case by case basis and cities will be r~quired to make decisions based on highly technical information. As such, cities will require a higher degree of technical expertise to analyz'e allegations of significant gaps and viable alternative locations.

Finally, in Sprint PCS Assets, LLC v. City of Palos Verdes Estates ("Pa/os Verdes Estates") the court provided valuable guidance to local jurisdictions in terms of aesthetics and significant gap analyses.

City staff with' the assistance of the City Attorney and outside legal counsel continually reviewed the relevant law and regulations during the drafting of the Proposed Ordinance. As the above cases and regulations illustrate, many of the laws have only recently been decided or enacted. There remains a sign ificant amount of uncertainty in the law as it pertains to local controls and jurisdiction regarding the approval of W TF siting and installation.

COMMUNITY AND INDUSTRY COMMENTS AND RESPONSES

On October 28, November 2 and 7, 2009, City staff held three public meetings to seek city-wide input from all of the stakeholders including the community and the telecommunications industry. The City also posted the proposed draft ordinance on the City's website and encouraged stakeholders to contact the City with any comments they may have. Attached as Exllibit E is a detailed list of the comments and the City's responses thereto.

10


There have been a number of changes to the proposed ordinance. Exhibit F is chart which outlines these changes.

Many of the differences between the ordinance included in this packet and the ordinance previously posted to the website involve relocating the same information within Title 30. The current format of the chapters in Zoning Code, adopted in 2004, has a uniform formal for each chapter where permits follow a relatively similar adoption process. For example, Chapler 30.43 for Variances is arranged similarly to Chapter 30.44 for cond itional use permits: and so on through the Requests for Parking Reduction and Parking Use Permit chaplers. The proposed new Chapter 30.48 for Wireless Telecommunication Facilities has been changed to reflect this uniform format.

Those that involve more substantial changes include:

• Change in review authority. The Planning Commission packet ordinance has moved review authority from the Director to the Planning Commission for Class 4 and Class 5 antennas in the SR zones, as these were considered similar to the SR review that the PC currently conducts . Also, the review for Class 5, 6, and 7 antennas in commercial, industrial and mixed use zones were moved from the Commission 10 the Director level. This is consistent with cUlTent practice of successful design negotiations at a.staff level in commercial areas and is also consistent with reserving the more time-consuming and expensive reviews for the more sensitive residential areas.

• Firidings of fact have been modified to be more consistent with application submittals • Permit duration regulations changed to be more consistent with that of other land use

permits. This was done in recognition that a "renewal~ of a permit is treated essentially as a new permit application. This is true for all City land use entitlements that may have a termination date, such as conditional use permits or va riances.

• ENVIRONMENTAL REVIEW A negative declaration has been prepared for Ihe proposed ordinance and is attached hereto as Exhibit C.

EXHIBITS A Table of Contents and Proposed Ordinance Amending Titles 12 and 30 of the Glendale

Municipal Code . ·8. Proposed Ordinance Amending the Downtown Specific Plan, the Town Center Specific Plan

and the South Brand Boulevard Specific Plan. C. Proposed Negative Declaration D. FCC Publication: "A Local Government Official's Guide to Transmitting Antenna RF

Emission Safety: Rules, Procedures, and Practical Guidance.· E. Community and Industry Comments and Responses. F. Chart Showing Changes between Proposed Ordinance and the draft October, 2009

ordinance posted on the City's Website.

11


MOTION

Moved by Commissioner ____________ , and seconded by Commissioner

____________ • that upon consideration of the proposed ordinance. to facilitate

the instal lation of wireless telecommunications facilities, the Planning Co~mission hereby

recommends that the City Council adopt proposed Ordinance amending Title 30 of the

Glendale Municipal Code, 1995, the Downtown Specific Plan, the Town Center Specific Plan

and the South Brand Boulevard Specific Plan.

Adopted this 201ll day of January, 2010.

Vote as rollows - Ayes:

Noes:

Absent:

Abstain:

12

PUBLIC NOTICE

CITY OF GLENDALE

NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION AMENDMENTS AND ADDITIONS TO CITY OF GLENDALE WIRELESS ORDINANCE

NOTICE IS HEREBY GIVEN:

The Planning Division, after having conducted an Initial Study, has prepared a Proposed Negative Declaration for the following project:

The project involves amendments and additions to CUy of Glendale Wireless Ordinance. The DUrQOSe of the wireless ordinance is \0 establish comprehensive guidelines for the permitting, placement, design and maintenance of Wireless Telecommunicafions F acililies in all zones (both private and public property) within the City of Glendale. The regulations are intended to prescribe clear, reasonable and predictable criteria \0 assess and process aDplication~ in a consistenl and expeditious manner, while reducing impacts associated with Wireless Telecommunications Facilities. The ordinance provides standan.ls necessary for-the

. preservation of tand uses within the City, while allowing for the orderly and efficient deployment of Wireless Telecommunications Facilities in accordance with slale and federal laws, rules and regulations.

The project is located at: Glendale, Los Angeles County

_ The Proposed Negative Declaration and all documents referenced therein are available for review in the Planning Division office, Room 103 of the Municipal Services Building, 633 East Broadway, Glendale, CA 91206-4386. Information on public hearings or meetings for the proposed project can be obtained from the Planning Division at (818) 548-2140.

Written comments may be submitted to the Planning Division office for a period of twenty (20) days after publication of this notice.

Proposed Negative Decla ration Comment Period: January 8, 2010 to January 28, 2010

Dale Published: January 8,2010

Hassan Haghani, Director of Community Planning Department

CITY OF GLENDALE, CAliFORNIA Community Planning Department Planning Section

PROPOSED NEGATIVE DECLARATION

Amendments and Additions to City of Glendale Wireless Ordinance

The following Negative Declaration hns been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmenlal Guidelines and Procedures of the City of Glendale.

Project T itie/Cof1)mon Name: Amendments, Repeal and Additions to various sections of the City of Glendale Wireless Ordinance

Glendale, Los Angeles County: Glendale is located northeast of

Project Location: downtown Los Angeles. It is bounded by the cities of Burbank, Pasadena, La Canada Flintridge and the Los Angeles communities of Tujunga, Eagle Rock and Los Feliz.

Project Description: The project includes amending Sections 12.08.005, 12.08.010, 12.08.030,12.08.040,12.08.045,12.08.055, 12.08.190, 12.08.240, 30.11.020, 30.12.020, 30.13.020, 30.14.020, 30.15.040, 30.25.050, 30.40.020,30.47.020,30.47.030,30.47.040,30.70.020, adding Sectio.n 12.08.037 and Chapter 30.48, and repealing Section 30.34:170, to the Glendale Municipal Code, 1995, regarding the regulation of wireless telecommunication facilities in the City of Glendale.

Project Type: D Private Project ~ Public Project

Project Applicant: City o~ Glendale 613 c~ 'Broadway, Room 103 Glendale, CA 91206

Findings: The Director of the Community Planning Departmont, on January 6, 2010, after cons idering an Initial Study prepared by the Planning Division, found that the above referenced project would not have a significant effect on the environment and instructed that a Negative Declaration be prepared.

Mitig.ation Measures: No mitigation measures are necessary.

Attachments: Initial Study Checklist

Contact Person: Hassan Haghani, Community Planning Department Director Community Planning Department, Planning Division 633 East Broadway Room 103 Glendale, CA 91206-4386 Tel: (818) 548-2140; Fax: (818) 240-0392

JANUARY 2010

'. ' This Page Left Intentionally Blank

-, '

Amendments and Additions to PAGEl

City of Glendale Wireless Ordinance

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

CITY Of GLENDALE, CALIfORNIA CllIlHnunily Plallnillg Department Planning Section

INITIAL STUDY CHECKLIST Amendments and Additions to


Project Title: Amendments and Additions to City of Glendale Wireless Ordinance

Lead Agency Name and Address:

City of Glendale Community Planning Department Planning Section 633 East Broadway, Room 103 Glendale, CA 91206

Contact Person and Phone Number: Erik Krause, Senior Planner

Tel: (818) 548-2140 Fax: (818) 240-0392

Project Location:

Glendale, los Angeles County, California : Glendale is located northeast of downtown Los Angeles. It is bounded by the cities of Burbank, Pasadena, La Canada Flintridge and the Los Angeles communities of Tujunga, Eagle Rock and Los Feliz.

-Project Sponsor's Name and Address: City of Glendale 633 E. Broadway Glendale, CA 91206

General Plan Des ignation : Applies to aU zones within the City of Glendale

Zoning: Applies to all zones within the City of Glendale

Description of the Project: (Describe the whole action involved, inciuding but not limited 10, laler phases of the project, and any secondary support Of off-site features necessary for its implementation.)

The purpose of the wireless ordinance is to establish comprehensive guidelines for the permitting, placement, design and maintenance of Wireless Telecommunications Facilities in all zones (both private and public property) within the City of Glendale. The regulations are intended to prescribe clear, reasonable and predictable criteria to assess and process applications in a consistent and expeditlous manner, while reducing impacts associated with Wireless Telecommunications Facilities. The ordinance provides standards necessary for the

. preservation of land uses within the City, while allowing for the orderly and efficient deployment of Wireless Telecommunications Facilities in accordance with state and federal laws, rules and regulations.

Surround ing Land Uses and Setting:

The surrounding land uses and setting will vary depending on the location of any future wireless facility since the ordinance will be applied citywide.

Other public agencies whose approval is requ ired (e.g., permits, financing approval or partic ipation agreement). None

PAGE 3

JANUARY 201 0

11. Environmental Factors Potentially Affected:

The environmental factors checked below would be potentially affected In this project, involving at least one impact that is a ·Potentially Significantlmpacl: as indicated by the checklist on the following pages.

o Aesthetics o Agricultural Resources o Air Quality o BIological Resources o CUllural Resources o Geology I Soils o Hazards & Hazardous M<llcriais o Hydrology I Waler Qualily o land Use I Pl<lnning o Mineml Resources o Noise o Population I Housing o Public Services o Recreation o Transportation I Traffic o UtillUes' Servic(l Systems o Mandatory FindIngs of SIgnificance

LEAD AGENCY DETERMINATION:

On the basis of this initial evaluation:

o o

o

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

, ' I find Ihat although the proposed project could have a signincant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find thallhe proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a ·potentially significant Impact- or ·potentially significant unless mitigated" impact on the enVironment, but at least ono effect 1 ) has been adequately analY-Led in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as describod on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigalion measures that are imposed upon the proposed project, nothing further is required.

Prepared by' Dale: ~/

"

l~'?h, ~ (G.'IO Date:

Signature of Director of Community Planning Department or his or her designee authorizing the release of environmental document for public review and commen\.

irector of Com unity Planning Department: Date:

Amendments and Additions to PAGE 4

City of Gtendale Wireless Ordinance

JANUARY 2010

Background

Since 1996 when the City Council first adopted an ordinance to regulate the placement of commercial wireless antennas and related facilities, Ihere has been a growing proliferation of such facililies in residential zones and adjacent public rights-of-way. On January 13, 2009, the City Council responded to the urgent need to protect public health, safety and welfare concerning the siting of such facilities by adopting an initial 45-day moratorium on the issuance of permits for wireless antennas and related facilities in residential zones and public rights-of way within 1000 feet of residential zone:;. This moratorium was adopted in order to permit City slaff to study and consider new legislation for such facilities. On February 24, 2009, the moratorium was extended to June 24, 2009. On June 18, the moratorium was again extended for a poriod of one full year to June 15, 2010 or until the effective dale of the anticipated wireless communication ordinance, whichever is earlier. This final ex.tension is the maximum time allowed by state law.

The City held three gO-minute community meetings to review and seek city-wide input on the draft ordinance and \0 answer questions from members Ot the community and the telecOinmunications industry. The meetings look place on Wednesday, October 28, 2009, Monday, November 2, 2009, and Saturday, November 7, 2009.

Project Description

The City prepared a draft ordinance designed to regulate the placement of wireless telecommunications antennas. The draft ordinance establishes two new permits: Wireless Telecommunications Facility Encroachment Permit for im;tallations in the public rights-or-way; and Wireless Telecommunications Facility Permit for installations on private property:. Both types of permits will have new application requirements, specified preferred zones and locations, more widespread community notifications, expert reviews when necessary, required findings of fact for approvals of permits, faciliiies standards and design requirements and safety and monitoring standards.

In summary, the proposed zoning text change would:

• Establish two new permits for pubic rights-of-way and on private property;

• Expand application requirements;

• Specify preferred zones and locations for placement of wireless· antennas;

• More widespread community notifications;

• Expert reviews:

• Require findings of fact for approvals;

• Establish aesthetic standards of ~~rmjts; and

• Establish safety standards.

The draft ordinance wi!! also require compliance with FCC's radio frequency emissions regulations.



JANUARY 201 0

" 12. Environmental Factors Potential ly Affected:

The following seelion provides an evaluation of the impact categories and questions contained in the checklist and identifies mitigation measures, if applicable.

A. AESTHETtCS

1. 1·lave a substantial adverse effecl on a sClmiG vista?

2. Substantially damago scenic resources, Inctuding, but nollimiled to. Irees, rock outcroppings, and hIstoric buildings within a state scenic highway?

3. Substantially degrade tile exist ing visual character or quality of the site and ils surroundings?

4. Creale a new source of sullslanliallight or glare which would adversely affect day Of nightUme views In the area?

Explanation Sections A.1~4

x

x

x

x

The proposed wireless ordinance would result in a less-than-significant impact on aesthetics by providing additional standards and criteria for the use, operation, and location of such facil ities and requiring a wireless telecommunications permit for most new and modification to existing facilities. While the ordinance would allow consideration of antennas taller Ihan the underlying zoning district, the City's design review process and review criteria would be applicable. To ensure thai wireless facilities do not degrade the visual quality of the City, each application will be evaluated on ils merits. The review process would includ~·analysis of impaCts on compatibility with adjacent land uses and neighborhood aesthetics . As SUch, there will not be a significant impact as a result of the proposed amendment and addition to the wireless ordinance. All lighting proposed will be required to comply with the City performance standards, which include requirements relating to lighting and glare.

Mitiqat;on Measures: No mitigation measures are required.

B. AGRICULTURE RESOURCES

·.··· .. li -''t" f-:>'. : . ,' .. '.< <" :'-"~'''c'': ,-,:.<:.:,,_ ';',-:;. _~~.: , , ; -. , ,, -- ~ , In:i:l.elermmmg whetherlmpacts-to agm;ultural _,' -,.' '.,.·resO:Ji";;US are significant envirorlm'enia/:effect:S; lead .'_ ageilcle,s riJay refer.to. lhe Cali(orrlia A'gricultural Land

-Eva~ua(ifm ,jnd,Slte As:;'C.ssm~n( M,Odel (199.1) pl'epared by the Califomla~Depar1ment of

. C~mserVa(ion:a5;m opti~i-ial model tc! uSI!,in assessing Impacts o/l' ilgriculture and/amllalld .

. ·Would the projeCt:- Would fhe_pfojeci':-"'-- - •. > ,-, . '",".-.:_ '., .. ,. __ . \. "·i" ,,.' __ '-"'::':, .- .-., .• ~ .'<~->-':' ~-~. >:~. "",

1. Convort Prime F;lfmiand, Unique Farmland, or Farmland 01 Statewide Importance (Famlland), as shown on tho maps prepared pursuant to the Fannland Mapping and Monl1oring Program of the California Resources Agency, to non·agricullural llse?

Amendments and Additions 10 City of Glendale Wireless Ordinance

Potent[ally c

S:lgnlflcant " Impact

Lessnh.ln "' slgnlficant ImpactWlih Mitigation--'

Incorporated,·

·-Less Than .- SIgnificant __

Impact

-. . No

, Impact

x

PAGE 6

2. Connict with exisUng zoning for 3gricultur31 use, or a Williamson Act contract?

3. Involve eUlcr ch3nges in the wtlich, due to their location convcrsion of Farmland, 10

Explanation Sections 8.1-3

i Ii l[ environmenl , could result in

use?

JANUARY 201 0

. 1 , , 1

x

x

The proposed amendments and additions to the wireless ordinance will not result in adverse impacts on agricultural resources . The city of Glendale does not contain any agricultural resources or lands currently zoned for agricultural uses. There is no "prime farmland," ·unique farmland" or "farmland of statewide importance" thai could be converted to non-agricultural use; no existing zoning for agricultural use or Williamson Act contracts; and no farmland that could be converted to nonagricultural use. No impacts associated with agricultural uses would occur.

Mitigation Measures: No mitigation measures are required.

C. AIR QUALITY

2. Violate any air quality or conlribule substanijally 10 an existing or projected air quality violalion"

3. Resuilin a cumul3lively considcr3blEi net InCrp.3sll of any criterl3 pollutant for which lhe project legion Is f\Ofl·attalnment under an applicable federal or stale ambient air qU31ity stand<lrd (Including releasing emissions wtl ich quantitative thresholds for

4. Expose sensitive receptors to substantial pollutant ooncenl!ations?

5. II a subsl<lnlial

Explanation Sections C. 1-5

x

x

x

x

The proposed amendments and additions to the wireless ordinance would result in Icss-thansignificant impacts on air qualJty. Other than minor, short-term air impacts generated during the installation of the wireless communications facilities, there are no significant air quality impacts associated with the use and oper~.tiOtt of wireless comrri"unications facilities. Construction activities



JANUARY 2010

will likely consist of limited excavation activities to accommodate the foundation of such facilitie:;, along with the equ ipment shellers. Wireless facilities are nol slaffed and are visi ted by maintenance personnel infrequenlly. As such, the operation and maintenance of the wireless communications facilities would not generate a significant number of vehicle trips that would have an adverse impact on local and regional air quality.


D. BIOLOGICAL RESOURCES

1. HaYIl a subs1an1ial adyerso elfllc1. eilhm directly or lhrough habitat modifications, on any species identified as a candidate, sensitive, or special status spccfes In local or regional plans, policles, or regulalions, or by Ihe California Deparlment of Fish ami Game or U.S. Fish and Wildlife Servioo?

2. Haye a substanlial adverse effect ori!iny riparian habitat or olher sensltiye nalural community IdenUried In local Of regional plans, policies. regulaUo!'\S or by the Cal ifornia Department of Fish and Game or U.S. FIsh and Wildlife Service?

3. Have a substantlat adverse effect on federally prolectod wetlands as delimid by Sedon 404 of the Clean Waler Acl (Including, bul not limited 10, marsh, yernal pool. coastal, elc.) 1hrough direct removal, filling, hydrological interruption, or olher means?

4. In1mfere subslanUatly with the movernent of any natiye resident or migraiOlY fish or wild life species or with p.slablished natiye resident or mlgralory wildlife cqlrldors, or impcdo the usa of native wildlife nursery sites?

5. Cenllicl with any local poticies or Ofdlnflnccs protoding blologlcill resoun.:es, SU(;Ii.,as a Irell preservaijon policy or ordinance?

6. Conflld with the proylsions of an adopted Habitat Conservation Plan, Natural Communi ty Conservation Plan, or other approved local, regional. or state habitat conservaUon plan?

Explanation Sections D.1-6

x

x

x

x

x

x

The proposed amendments and ;:id.ditions to Ihe wireless ordinance will not result in adverse irnpact5 on blological resources. The proposed ordinance increases public scrutiny of each application to install or modify wireleS5 telecommunications facilities, thus decreasing the possibility that facilities would be built or modified in a way that would harm biological resource. Any wireless communications facilities .proposed near protected biological resources or that may have impacts on such resources would still be subject to the applicable regulations, including tree preservation and would be subject to separate environmental review. The project would not conflict with any local , regional, or State habitat conservation plans, and each proposed location will require further analysis with regard to such resources.

Amendments and Additions to PAGES


'. ;


E. CULTURAL RESOURCES

1. Cause a suustantial adverse change ill Um significance of a his\oriC<lI resource as defined In CEQA Guidelines §15064.5?

2. Cause a substantial adverse chango in the significance of an archaeological resource pursuant 10 CEOA Guidelines §150G4.5?

3. Direelly or IndirecHy destroy a unique palcnnlologiC<lI resource or sitl! or unique geologic feature?

4. Disturb any human remains, Including lhose interred outside 01 formal cemeteries?

Explanation Sections E 1-4

JANUARv2010

x

x

x

x

The proposed amendments and additions to the wireless ordinance will not result in any substantial adverse impacts to historical, archaeological, or paleontological resources. Each future application will be evaluated on its merits based on location and its potential impacts to Ihe environment, including historical and cultural retources and permits will be granted only upon determining that, as conditioned, the facilities will not have adverse impacts on cultural resources. All antennas proposed in adopted historic district overlay zones will be reviewed by the Historic Preservation Commission in addition to other review authorities.


F, GEOLOGY AND SOILS

1. Expose people or structures to polr.ntial substantial adverse effects, Inctudini(1he risk of loss, Injury, or death Involving:

I) Rupture of a known earthqwlke faull, as delineated on the most recent AlqulstPriolo Earthquako Fault Zoning Map Issued by the State Geologist lor the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special PubliC<ltion 42.

; ..

Amendments and Additions to Cily of Glendale Wireless Ordinance

x

PAGE9

ii) Strong seismic ground shaking?

iii) Seismic-related ground lanure, including liquefaction?

iv) Landslides?

2. Result in subslanlial soil erosion or ille loss of topsoil?

3. Be localed on a geologic unit or soli Ihillis unstable, or that would become unstable as a result of the proJacl. and potenllally result in onar off-site landslide. lateral spreading, subsidence, liquefacUon or collapse?

4. Be loealed on eXpansive soil, as defined In Table 18-1-EJ of Ihe California [3uildlng Code (2001). creating SUbstantial risks to life or property?

5. Have salls Incapable of adequately supporting the use of sepUc lanks or allerna~ve waste water disposal systems where sewers are not available for the disposal of was te waler?

Explanation Sections F.1-5

JANUARY 2010

x x x x

x

x

x

The City of Glendale is within a seismically active region, as is the case throughout much of Southern California. The Sierra M?dre Fault, designated Alquist-Priolo Fault Zone, is located within the northern portion of Glendale. Accordingly, plans for any futUre wireless communications facilities will be subject to the adopted California Building Code requirements and local building code related to seismic risk factors. The proposed amendments and additions to the wireless ordinance would not affect these regulations. There would be no impacts associated with septic tanks and alternative waste water disposal systems as these facilities are generally unmanned, thereby not requiring such facilities. Impacts to geology and ~oils woutd be considered less-than-significanl.

MitigaUon Measures: No miliga,i!on measures are required . . "

G. HAZARDS AND HAZARDOUS MATERIALS

1. Create a significant haz.ard 10 the public or the environment Ihrough the routine transport, use, or disposal of ha7.ardous malenals?

2. Crealtl a ~Ignincallt haz<lrd to the public Of tlle environment throt.lgh reasonably foreseeable upsel and aeddcnl condiUons involving the release of haz.ardous matcrials inlo Ihe environment?


" c"

x

x

PAGE 10

3. Emit hazardous emissions or handle hazardous or acutely hazardous materials, subs lances, or waste wllhln one-quarler mile of an exisling or proposed school?

~. Bo located on a site which is included10n a list of Ilazardous materials sites complied pursuant to Government Code SocHon 65962.5 and, as a lesult. would 1\ creale a significant hazard to the public or Ule environment?

5. For a project located within an airport land uso plan or, ....nere such a plan has not been adopted, within two miles of a public airport or public LISe airport, would Ule project result in a safely hazard for people residing or worlling in the projcct sito?

6. For a project within the vicinity 01 a private airstrip, would the project result In a safely hazard for people residing or working in the proiecl site?

7. Impair Irnplcmcntaliorl of or physically Interfere willi an adopted cmergOf1GY Jesponse plan or emergency evacuation plan?

8. Expose people or structures to a significant risk of loss, Injury or deaUl invoMng wildland fires. Including v.t1ere wildlands are adjacent 10 urbanized areas or where residences are Intermixed wilh wildlands7

Explanation Sections G.1-8

JANUARV2010

x

x

x

x

x

x

The Bob Hope (Burbank-Glendale-Pasadena)'Airport Is the dosest airport, approximately 3.2 miles from Glendale's western boundary. However, no portion of the City is wlthin a designated runway landing or departure zone of the airport. If safety lights are needed on facilit ies at a specific location to warn pilots, they would be required 10 be installed by either the Federal Aviation Administration (FAA) andlor Federal Communications Commission (FCC).

As with all projects within the City, the construction of the wireless telecommunications facilities are subject to all the applicable provisions of the California Building Code and Ihe various mechanical, electrical, and plumbing code adopted by Ihe City and established by the Glendale Municipal Code. In regard to the threat of wildfires, portions of tho City are localed in high fire severity zones as designated In the Safety EtemenLHowever, any impacts would be negligible given the limited area wireless facilities utilize in addition to the bUilding materials (typically concrete and metal). Also, the City of Glendale Fire Department provides plan check services to ensure that adequate brush clearance, access and fire flow is provided to wireless telecommunications facilities as standard practice. Most new and modifications to exisling wireless telecommunications facilities proposed in the City would be required to obtain a wireless telecommunications permit under Ihe proposed ordinance amendment. and will be evaluated for hazards based on location and operational specifications.

pes Wireless Antennas and Radiofrequency (RE) Energy and Regu lations

Tho 1996 Federal Communications Act mandated the rapid deployment of a new wireless telecommunications infrastructure across the country. Wireless telecommunications facilities form the backbone of this communication infrastructure, and are designed to receive and transmit radio

Amendments and Addltions to ,.:. PAGE 11 City of Glendale Wireless Ordinance

. Ii

JANUARV2010

signals using radiofrequency (RF) energy. Transmitters in the Personal Communications Service (PCS) use frequ.encies in the range of 1850-1990 MHz. RF energy generated by the antennas at the facility is regulated by the Federal~tommunicalions Commission (FCC), which has set standards governing acceptable levels of human exposure.

Major RF transmitting facilities under the jurisdiction of the FCC, such PCS facilities, are required to undergo routine evaluation for RF compliance whenever an application is submitted to the FCC for construction or modification of a transmitting facility or renewal of a license. Failure to comply with the FCC's RF exposure guidelines could lead to rejection of an application. While debate on the appropriateness of current federal guidelines governing human exposure to RF energy continues, Section 704 of the Act specifically prohibits local governments from denying carrier permit applications based on health concerns.

According to the FCC, in order for a person to be exposed to levels at or near the FCC limits for cellular or pes frequencies, an individual would have to remain within the main transmilling beam (at the height of the antenna) and within a few feet from the antenna (Source: Office of Engineering and Technology at . htlp:llwww.fcc.gov/Bureaus/Engineering Technoloqy/Documents/bulietins/oet56/0et56e4.pdf).

To minimize exposure to RF energy and maximize signal coverage, antennas used for PCS transmissions are typically located on towers, water tanks, or other elevated structures, including rooftops and the sides of buildings . Moreover, as RF signals move away from the antennas, their energy decreases very quickly. Thus, energy released outward and downward from an antenna is largely dissipated before it reaches the ground.

Further, Government Code Section 65850,6 (1) states that: "With respect to the consideration of the environmental effects of radio frequency emissions, the revi~w by the city or county shall be limited to that authorized by Section 332i{C) (7) of TiUe 47 of the United States Code or as ·that section may be hereafter amended." Subsection (B) (iv) I of Section 332 states: "No State or local government or instrumentality thereof may regulate the placement, construction and modification of persona) wireless service facilities on the basis of the environmental effects of radio frequency emissions 10 the extent that such facilities comply with the Commission's regulations concerning such emissions." As a result, in evaluating the potential environmental effects from radio frequency emissions from wireless telecommunications facilities, state law limits the city to considering whether particular facilities comply with the FCC's standards for such emissions. All wireless telecommunications facilities constructed in the City of Glendale are required 10 comply with these standards. Compliance with these standards and conditions of approval relative to the Wireless Telecommunications Permit for each individual prolect should result in a less than significant impact related to these before mentioned hazards.


H. HYDROLOGY AND WATER QUALITY

" -" " • .,,- .~··c·, ·,··."· ,~. ~ l .i" i:. ":W§~/d :t;;~p{oA~tt ~, .. ,.~ ..

···· · f·~;".,·,> ........

1. Violate any water quality.standards or waste discharge requirements? . ~ • ,.


:~ .~', ...... . . .. ' .. .._ ... .... ~. - ~l.css · Th an·· . . .;..,,,. ,. . . ··poten'tlallY: ' - 'SJg'nlflcant . . ' Less Than

Sigriificant 'Jmpact With ' .Significant Impact · ~: · M itjgatlon ·· .-: Impact .

'inc-o!PC!rated . .', <0.

.t4? _ ... .{ Impact

x

PAGE 12

'.>.; I .. : '

2. Sub~tantially deplele groundwater supplies or interfere substantially with groundw-dler rechargo such lhalthere would be a nel deficit in aquifer volume or a loWering of the local grolindwaler labIa level (e~g., the producllon rale o(pl'e·exlstiny nearby wells would drop 10 a level which would not $Uflport existing land uses or I' uses for

been

3. Substantially alter the existing drainage pattern of tho slte or area, Including through the alteraflon of the course of stream or river, in a manner which would result in substantial erosion or siltalion onor off·si!e?

4 . Subst;]J1tially aUer the existing dratnage pattern of the site or area, including through the altera tion of the course of a stream or river, or subslantially increase the rate or amount of surface runoff in a manller wnich would resullin Hooding on· or olr· site?

5. Create I I

6.

exceed the capadty of existing or planned stormwater drainage systems or proVide substantial additional sources of polluted runoff?

7. Place housing with in a hazard area as mapped on a federal Flood li amrd Boundary or Flood Insurance _~:~:. Map or other !locd hazard delineation ma",

8. PlacR wi thin a structures which lIows?

9. Expose people or structures 10 a sigliificant risk of loss, Injury or death involving !loading, Including ' Ilooding as a result of Ihe failure of a levee or dam?

Explanation Sections H. 1~ 1O

JANUARY 201 0

x

x

x

x

x

x

x

x

x

The ordinance will not affect hydrology or water quality as it proposes to change the regulations and review process associated with wireless telecommunications facilitles within the City of Glendale. The proposed amendments and additions to the wireless ordinance would have no impacts on the physical environment that would increase or decrease the riSK of flood ing or inundation by seiche, tsunami, or mudflow, Additionally, these facilities will be individually reviewed under the Wireless Telecommunications Permit process.




I. LAND USE AND PLANNING

1. PhysiC<llly divide an established community?

2. Conflict with any <lppliGablllland use plan, policy, or rp.gulation 01 an agency with jurisdicUon over Ihe project (including, but not limited 10 the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposo 01 avoiding or mitigating an environmental effocl?

3. Conflict with any appliGabla habitat conservation plan or natural communlty conservalibn plan?

Explanation Sections /. 1-3

JANUARY 2010

x

x

x

The ordinance will not divide an established community or conflicl with a habilat conservation plan or nalural communily conservation plan within the City of Glendale. The ordinance changes Ihe regulations and review process associated with wireless telecommunications facilities within the City. The Ordinance would comply with the City's General Plan. Therefore, there would be no impacts to land use and planning as a result of this project.

Mi tigation Measures: No mitigation measures are required.

J, MINERAL RESOURCES

1. Result in Ihe loss 01 Clvailability of a known mineral resource thai would be of value to tho region and the residents or the state?

2. Result in the toss of availability of a IoGally· important minerat resource recovery slle delineated on a local general ptan, sRociHc plan or other land use plan? '

Explanation Sections J. 1-2

x

x

The ordinance will have no impacts on the availability and/or extractabi1ily of mineral resources within Ihe Cily of Glendale. The ordinance changes the regulations and review process associated with wireless telecommunications facililies within the City of Glendale.

Mitiga tion Measur es: No mitigation measures are required.

Amendments and Additions 10 PAGE 14 City of Glendale Wireless Ordinance

K, NOISE

1, Exposure of persons to or generation of noiso levels In excess of standards established in the locat general plan or noise ordinance, or applicable standards of other ageflcies?

2, Exposure of persons to or generation of excessive graundbome vibration or graundberne noise levets?

3, A subslantial permanent Increase in ambient noise' tevels in the project vicinity above levels existing without the project?

4. A subslilntial temporary or periodic increasQ in ambienl noisa levels in the projecl vicinity above Jevets exisllng without the project?

5, For a praJecllocated within an airport land usc plan or, where such a plan has not been auop\ed, within two mites of a public airport or public use airport, would the project expose people resi~ing or working in the project slle to excessive noise levels?

6. For a projecl within thQ vicinity of a private airstrip, would lhe project expose people residing or working In the project site to excessive noise levels?

Explanation Sections K.1-6

JANUARY 201 0

x

x

x

x

x

x

The ordinance will have no impact on ambient noise levels within the City of Glondale, nor expose residents to excessive noise levels. The ordinance changes the regulations and review process associated with wireless telecommunications facilil ies within the City. Any noise producing equipment will be required to comply with the City's noise ordinance, Noise and vibrations associated with the installation, modification and removal of wireless telecommunications equipment will be temporary in nature. Each application to install, modify, or remove eqUipment will be reviewed for environmental impacts and each permit issued will be conducted to preserve the public health, safety and welfare.

Mitigation Measures: No mitigatYon measures are required.

L. POPULATION AND HOUSING

J:,'" ., . <.,,:j,.J -}.

~ Wou/if -ihe jJraTer./:::'., .~-, , ' ~ .....

E~ss Than ::: .. . :'.~:." ~"c,..,'. -'-"'':'' .. ·~~f.~t~~il~fIY :" . ",;:S,lghitlt;:an't ': \1i~s~ .T~~3;;::

.. Signtficant- , : hilpa_ct: Wtt.h ,~ .-:Stg"ntO:cant '_ ,;~':': I m~;ift ti ; . ,~~ ·~1l\ i gati2!l~:_ . . ~ ... tl))pa:SI, ,, . " :~-:<:l1!c.:'!I,: . . Incorporate~_~ r;:.,~:". " .ox.'S;

. ; ,.~,~i';'-+,~-, " ~-. _~ ... ,L .·'i ; ~" · · ""-0','" _ .. .-.. "

1. Induce substantial populalion growth in an area, ellher dlrecUy (for example, by proposing new homes and business€!~) or indlrecHy (lor exampte, through extension of roads or other infrastructure)?

Amendments and Additions 10 City of Glendale Wireless Ordinance

No .dmp~d :··"~~

.'.'. ;;:-...... c·, ., .. , ..

x

PAGE 15

JAtfUARy 201 0

.:~~f:t~.t~~~;?~~};~t~};?!;~'~: 7~;~:1~~~~ 'il~:~;~t~~ ~;~~~~ t~f~,-".~:~;-~~u~.1b.~pro~tfC(~} -~~ ~>j-:r,.,7.~·:' ~:::.;-":. -. '<,,~~--5<>: _ ·Slgnlfil;;ant ··Impact With . Signifjcant_ - ":"'I-,.N?," j- ' --

>:;~~~:~~~,~:?~J~~T-::\:,~~~;~~~~t~"1~-'_~~-:~. :: _~::pact ~ ': ';~~~~~~:~;;: c~~{~~~~!~,c-' " ~:~~m~~~; 2. Dlsplaco substantial numbers 01 existing housing,

necessitating tho construction of replacement housing elsewhere? "

3. Displace substantial numbers of people, necessitating the constructiun of replacement housing olsewhere?

Explanation Sections L.1-3

x

x

The ordinance will not have any impacts on population growth or the availability of housing within the City of Glendale. The ordinance changes the regulations and review process associated with wireless telecommunications facilities within the City of Glendale.

Mitigation Measures: No mitigalion mcasures are required.

M. PUBLIC SER.VICES

1. Would the project result In substantial adverse physicallmpacls associated with \he provisil?n of now or physically altered govcrrvnontal facitiUes. need for new or physically altered go~rnmental facllilit:!5, tho construction of which oouid cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance obJec~ves for any of the public services:

'I Fire protecUon?

bl Pollee protectloo?

'I Schools?

'I Parks?

-I Other public faclliUes?

Explanation Sections M.1.a-e

x x x x x

The ordinance will not have any impacts on the provision of public services within the City of Glendale. The ordinance changes lhe regulations and review process associated with wireless communications facilities within the City of Glcndale.


Amendments and Additions 10 PAGE Hi


N. RECREATION

1. Would lhe project increase the use of existing neighborhood and regional parks or olher recreOlUon31 faclll~es such that substantial physlcOlI detertornlion of the facility would occur or be accelerated? ;.,

2, Docs (he project includll recrllational facilities or require thc construcUon or expansion of recroallonal facHllies which might have an adverse physical effect. on (he environment?

EJcplanatfon Sections N. 1~2

JANUARY 2010

x

x

Tho ordinance will have no impacts on recreational opportunities, nor create additional population thal will place increased demands on parks and recreational programs within the City of Glendale. The amendments and additions to the wireless ordinance will modify the regulations and review process associated with wireless telecommunications facilities.


O. TRANSPORTATtONfTRAFFIC

1. Cause an increaso In traffIC whtch Is subs tantlat In re)aUon to 1M existing tr;:Jffic load and capaclly of Ihe street system (Le .. result in a substantial IncrcOlse In either the number of vehicle Irlps. Ihe volume to capacity faUo 0!1 roads, or tongeslion at Inlcrscctlons)?

2. Exceed, either Individually or cumulatively, a lovel of service standard established by the COl.Jflty conges~on management agency for deslgnatoo roads or highways?

3, Result In a change In air traffic patterns. including either an increase in Iraffle levels Of" a change In location u.at results in substanUal safety rislls?

4, SubstanUal1y Increase hazards due to a design fcature (e.g., sharp curves or dangerous Intersections) Of incompatible uses (e.g., farm equipment)?

5. Result In Inadequate emergency access?

6. Result In Inadequate parking capacity?

7. Conllld with adopted policies, plans, or programs supporting allllrrmlivo transportation (o.g ., bus tumools, blcyclo radls)?


x

x

x

x

x x

x

PAGE 17

JANUARY 201 0

Explanation Sections O.1~7

The proposed amendments and additions to the wireless ordinance will not affect the circulation system within the City of Glendale, nor create additional population that will place increased parking demands on the City. The ordinance changes the regulations and review process associated with wireless telecommunications facilities . When facilities are constructed, they have a very low average daily trip associated with them, as they are unmanned facilities that require infrequent mainlenanee. Each application to install, modify, or remove wireless communications equipment will be reviewed for potential impacts on the physical environmental and permits issued only upon a finding Ihat, as conditioned, the facilities will not have an adverse impacts on the public health , safety or welfare.

Mi tigation Measures: No mitigation measures are required.

" P. UTILITIES AND SERVICE SYSTEMS

1. Exceed Wilstewaler treatment require{hents of the applicable Regional Water Quality Control BO<lrd?

2, Require or result In the construction of new waler or wastewater treatment facilities or expansion of existing faclliUes, the construction of which could cause significant environmental effects?

3. Require or resultlJl Ihe construction of new storm water drainage fadlil!es or expansion of existing facilities, tho conslruction of which could cause significant environmental offocts?

4. Have suHicienl water supplies available tn selVe the project from ex/sUng enliUernents and resources, or <lfB new or expanded enmlements needed?

5. Result in a determination by the WilsteW<ller Ifeatrnent provider wtJich sorvos or may serve the projecl that it has adequate capacity to serve the projed's projl.'ch.xJ demand in additio!) to tho provider's exisi!ng commitments? -,

6. Be served by a landfill with sufficient permitted cap<Jcily 10 accommodale the project's solid waste disposaJ needs?

7. Comply with federal, sl<J\e, and local statutes and regulations related 10 solid waste?

Explanation Sections P.1~7

x

x

x

x

x

x

x

,~ , The ordinance will have no impacts on the provision of utilities within the City. The ordinance changes the regulations and review process associated with wireless lelecommunications facilities within the City of Glendale. Wireless telecommunications facilities util ize water only for landscaping as required for screening, and given the small footprint they utilize. typically do not alter existing drainage/flow line of the property on which they are located. Wireless facilities generate little or no waste, thus have minimal impact on local landfills.


Amendments and Additions to PAGE 18 City of Glendale Wireless Ordinance

Q. MANDATORY FINDINGS OF SIGNIFICANCE

1. Docs the project have the poten~al to degrade the quality of the environment, substantially reduce the habitat of a fish Of wildlife species, cause a fish Of wlldtife popUlation to drop below setf-sustaininy levets, threaten to eliminate a plant or animal cDll1munity, reduce the nU/l1ber or restrict the range of a rarc or endangered plant or animal or eliminate Importanl eX<lmples of tho maJor periods of California history or prehistory?

2. Does Ihe projeci have impacts thai are indi\lidually limited, bul cumulaUvely considerable? ("Cumula~veJy considerable" means Ihallhe incremental effects of a project are considerable when vlewed in conneclion with the fitfeelS of past projects, Ihe effects of other CUfrent projects, and Ihe effects of probable future projects)?

3. Does Ihe project have environrnenlill effects which will cause subslantial adverse effecls un human beings, either directly or Indirectly?

Explanation Sections Q_1-3

JANUARY 201 0

x

x

x

The proposed amendments and add itions to the wireless ordinance wil l not create a significant environmental impact, will not cause substantial adverse effects on human beings, nor reduce fish or wildlife habitat or species . Finally, the ordinance will not have a significant adverse effect on the environment, either individually or cumulatively, directly or indirectly, Each application to install, modify or remove wireless telecommunications facilities will be reviewed for potential adverse impacts and permits will be issued only upon a finding that, as conditioned. the facilities will not have an adverse impacts on the public health, safety, or welfare.

13. Earlier Analyses

None

14. Project References Used to Prepare Initial Study Checklist

One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Planning division Office, 633 E. Broadway, Rrn. 103, Glendale, CA 91206-4386. Items used are referred to by number on the Initial Study Checklist.

1. "Questions and Answers ab~ut Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields, "OET Bulletin 56 Fourth Edition, Federal Communications Commission Office of Engineering & Technology, August1999 .

2. The City of Glendale's General Plan.

3. The City of Glendale's Municipal Code, as amended.

4. "Guidelines of the Cityof.Glenda/e for the Implementation of the California Environmental QUalify Act of 1970, as amended," August 19, 2003, City of Glendale Planning Division ,

Amendments and Additions to P"GE 19 City of Glendale Wireless Ordinance

JANUARV2010

5. Public Resources Code Section 21000 et seq and California Code of Regulations, Tille 14 Section 15000 et seq. :J

6. "CEQA Air Quafity Handbook," April, 1993, South Coast Air Quality Management District.

7. "CEQA Air Quality Analysis Guidance Handbook,· updated October 2003, South Coast Air Quality Management District.

'(.

Amendments and Additions to PAGE 20 City of Glendale Wireless Ordinance

Federal Communications Commiss ion

•.

Local and State Government

Advisory Committee

A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance

June 2, 2000

EXHIBIT 0

A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and ·Practical Guidance

Over the past two years, the Federal Communications Commission (fCC) and its Local and State Government Advisory Committee (LSGAC) have been working together to prepare a voluntary guide to assist state and local governments in devising efficient procedures for ensuring that the antenna facilities located in their communities comply with the FCC's limits for human exposure to radiofrequency (RF) electromagnetic fields. The attached guide is the product of this joint effOit.

We encourage state and local govcl1lment officials to consult this guide when addressing issues of facilities siting within their communities. This guide contains basic information, in a form accessible to officials and citizens alike, that will alleviate misunderstandings in the complex area ofRF emissions safety. This gu ide is not intended to r~placc OET Bulletin 65, which contains detailed technical information regardingRF issues, and should continue to be used and consulted for complex sites. The gu idc contains. information, tables, and a model checklist to assist state and local officials in identifYing sites that do not raise concerns regarding compliance with the Commission's RF exposure limits. In many cases, the model checklist offers a quick and effective way for state and local officials to establish that particular RF facilities are unlikely to exceed specific federal guidelines that protect the public from the environmental effects ofRF emissions. Thus, we believe this guide will facilitate federa l, state, and local governments working together to protect the public while bringing advanced and innovative communications services to consumers as rapidly as possible. We hope and expect that use of this guide wi ll benefit state and local governments, service providers, and, most importantly, the American public.

We wish all of you good luck in your facilit ies siting endeavors.

William E. Kennard, Chairman Federal Communications Commission

Kenneth S. Fellman, Chair 'Local and State Government

Advisory Committee

FCC/LSGAC Local Officia l's Guid e 10 RF

A LOCAL GOVEltNl\1ENT OFFICIAL'S GUIDE TO TRANSM1TI'ING ANTENNA RF EM ISSION SAFETY: RULES, PROCEDORES, AND PRACTICAL GUI.DANCE

A comm on question raised in discussions about the sit ing of wireless telecommunications and broadcast antennas is, "Wi ll this tower create any health concerns ror our citizens?" We have designed this guide to prov ide you with information and guidance in devising emcient procedurci for assuring that the antenna faci lities located in your community comply with lhc Federal Communication Commission's (FCC's) limjts for human exposure to radio'lrcquency (RF) electromagnetic fields.]

We have incl uded a checklist and tables to help you quickly identify siting applicutions that do not raise R17 exposure cancelns. Appendix A to this guide contains a checklist that you may usc to identify "categorically excluded" fac ilities that are unlikely to cause Ri" exposures in excess of the FCC's guidelines. Appendix B contains tables 'and figures that set forth, for some ofthe most common types orracilities, "worst case" distances beyond which there is no real istic possibility that exposure could exceed the FCC's guidelines.

As discussed below, FCC rules require transmitting fac ilities to comply with RF exposure guidelines. The limits established in the guidelines are designed to protect the public health with a very large margin ofsafC?ty. These limits have been endorsed by federa l health and safely agencies such as the Environmental Protection Agency and the Food and Drug AdmLnistration. The FCC's rules have been upheld by a Federa l Court of Appeals? As discussed below, most

. faci lities create maximum exposurcs that arc only a small fraction ofthe limits. Moreover, the limits themselves arc many times below levels that are generally accepted as hav ing the potential to cause adverse health effects. Nonetheless, it is rccognized that any instance of noncompliance with the guidelines is potentially very serious, and the FCC has thererore implemented procedures to enforce compliance with its mles. At the same time, state and local governments may wish to verify compliance with the FCC's exposure limits in order to protect their own citizens. As a state or local government official, you can play Iln important role in ensuring that innovative and beneficial communications services are provided in a manner that is consistent witb public health lind safety.

This document addresses only the issue of compliance with RF exposure limits established by the FCC. It does not address other issues such as construction, siting, permits. inspection, zoning, environmental review, and placement ofuntenna facilities within communities. Such issues fall generally under the jurisdiction of states and local govcnunents. within the limits imposed for personal wireless serv ice fac ilities by Section :}32(e)(7) of the Communications Act.]

I This guide is intcnded to complement, but not to rcplace, the Jo'CCs OET Bullctin 65, "Evaluatiug Compliance with FCC Guidelincs for Human Exposure to Radiofrequency Electromagnetic Fields," August 1997. Bulletin 65 can be obtained from the FCC's Office ofEnginecring and Technology (phone: 202-418-2464 or e-mai l: [email protected]). Bulletin 65 can also be accessed and downloaded 1Tom the FCC's "H.F Safety" websi te: http://www.fcc.gov!oetlrfsafery.

1 See Cel/ular Phone Taskforce v. FCC, 205 F.3d 82 (2d Cir. 2(00).

FCCfI~SGAC Local Official's Guide -to RF

This document is lIot intended to provide legal guidance regarding the scope of state or local govcfIlment authority under Section 332(c)(7) or any other provision oflaw. Section 332(c)(7)4 generally preserves state and local authority over decisions regarding the placement, construction, and modification of personal wireless service facilities,S subject to specific limitations sel forth in Section 332(c)(7). Among other things, Section 332(c)(7) provides that "[n]o State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis oflhe environmental effects of radio frequency emissions to the extent that such facilities comply withthe [FCC's] regulations conceming such emissions." The fuJI text of Section 332(c)(7) is sel forth in Appendix C. -

Stale and local governments and the FCC may differ regarding the extent of state and local legal authority under Sectio11332(c)(7) and other provisions oflaw. To the extent questions arise regarding such authority, they are being addressed by the courts. Rather than address these legal questions, this document recognizes that, as a practical matter, state and local govenuncnts have a role to play in ensuring compliance with the FCC's limits, and it provides guidance to. assist you in effectively fulfilling that role. The twin goals of this document are: ( I) to define and promote locally-adaptable procedures that will provide you, as a local official concerned about transmitting antenna emissions, with adequate assurance of compliance, while (2), at the same time, avoiding the imposition of unnecessary burdens on either the local government process or the FCC's licensees.

First, we'll start with a summary ofthe FCC's RF exposure guidelines and some background information that you'll find helpful. Next, we'll review the FCC's procedures for verifYing compliance with the guidclines and enforcing its rules. Finally. we'll offer you some practical guidance to help you detenninc ifpersOl!al wireless service facilities may raise compliance . concerns. Note, however, that this guide is only intended to help you distinguish sites that arc unlikely to raise compliance concerns from those that may raise compliance concerns, not to identifY sites thal are out of compliance. Detailed technical infonnation-necessary to detennine compliance for individual sites is contained in the FCC's OET Bulletin 65 (sec footnote 1, above).

J 47 U.S.C. § 332(c){7). Under limited circumstances, the FCC also plays a role in the siting of wireless facilities. Specifically. the I-"CC reviews applications for facilities that filII within certain environmcnUiI categories under the National Environmental Policy Act of 1969 (NEPA). see 47 C.F.R. § 1. 1307(a). Antenna structures that arc over 200 feet in height or located near airport runways must be marked or lighted as specified by the Federal Aviation Administration and must be registered with the FCC, see 47 C.F.R. Part 17.

4 Section 332(c)(7) oflhe Conununications Act is identical to Section 704{a) of the Tell!oomm~nicalions Act of 1996.

$ "Persona! wircless services" generally includes wireless telecommunications services that are intercomiccted with the public telephone network and arc offered commercially to the public. Examples include cellular and similar services (such liS Personal Communications Service or ''PeS''), paging ana similar services, certain dispatch services, lind services that usc wireless technology to provide telephone service to II fixcd location such as II home or office.

2

FCCILSGAC J.local Official's Guide to RF

Before we start, however, let's take a short tour of the radiofrequency spectrum. RF signals may be transmitted over a wide range offrequencies. The frequency or un RF s ignal is expressed in tenns of cycles per second or " Hertz," abbreviated " Hz." One ki lohertz (kHz) equals one thousand Hz, one megahertz (MHz) equals one million Hz, and one gigahertz (GHz) equals olle billion 1Jz. bl the figure below, you'll see that AM radio signals are at the lower end orthe RF spectrum, while other radio services, such as analog and digital TV (DTV), cellular and pes telephony, and point-ta-point microwave serv ices are much higher in lrequcncy.

Shorlwavu Radio

AM Band

co

CO/dless PhollC!$

VHF

Alrcrall

VHF

Cordless Phones

UHF TV+OTV TViOTV TVTOTV

Cordless Phooos

Microwaves

P.C.S. Phol"les

H,m Pagers Cellular Phones

FM Band

0.3 Mhz 3.'" 30Mhl 300 Mhz 3000 Mhl!

" persccond

llIustratiou 1

The FCC's limi ts for maximum permissible exposure (MPE) to RF emissions depend on the frequency or frequencies that a person is exposed to. Different frequencies may have different MPE levels. Later in this document we'll show you how this relationship of frequency to MPE limit works.

1. The )i'CC's RF Exposure Guidelines and Ru les.

Part I of the FCC's Rules and Regulations contai.ns provisions implementing the National Environmental Policy Act of 1969 (NEPA). NEPA requires all federal agencies to evaluate the potential environment'll significance of an agency action. Exposure to RF energy has been identified by the FCC as a potential environmental factor that must be considered before a facility, operation or transmitter can be authorized or licensed. The FCC's requirements dealing with RF exposure can be found in Part J of its ru les at 47 C.F.R. § 1.l 307(b). Theexposure limits themselves are specified in 47 C.F.R. § 1. 1310 in tenns of frequency. field streng1h, power . . density and averaging time. Facilities and transmitters licensed clOd authorized by the FCC must either com ply with these guidelines or else an applicant must fil e an Environmental Assessment (EA) with the FCC as speci fied in 47 C.F.R. § 1.1 301 e/ seq. An EA is an o ffi cial document required by the FCC's rules whenever an action may have a s ign ificant enviroruncntal impact (see discussion below). In practice, however. a potential environmental RF exposure problem is typica lly resolved before an EA would become nccessary. Therefore. compliance with the FCC's RF guidelines constirntes a defacto threshold for obtaining FCC approval to construct or operate a station or transmitter. The FCC guidelines are based on exposure criteria

3

FCCILSGAC Local Official's Guide to RF

recommended in 1986 by the National Council on Radiation Protection and Measurements (NCR?) and on the 1991 standard developed by the Institute of Electrical and Electronics . Engineers (IEEE) and later adopted as a standard by the American National Standards Institute (ANSVIEEE C95.1-1992).

The FCC's guidelines establish separate MPE limits for "general population/uncontrolled exposure" and for "occupational/controlled exposure." The general popUlation/uncontrolled limits sct the maximum exposure to which most people may be subjected. People in this group include the general public not associated with the installation and maintenance of the transmitting equipmcnt. Higher exposure limits arc pennitted under the "occupational/controlled exposure" category, but only for persons who are expo.sed as a consequence of their employment (e.g., wireless radio engineers, technicians). To qualify [or the occupational/controlled exposure category, exposed persons must be made fu lly aware of the potential for exposure (e.g. , through training), and they must be able to exercise control over their exposure. In addition, people passing through a location, who arc made aware ofthe potential for exposure, may be exposed under the occupationalJcontrolled criteria. TIle MPE limits adopted by the FCC for occupationaVcontrolled and general population/uncontrolled exposure incorporate a substantial margin of safety and have been established to be well below levels generally accepted as having the potential to cause adverse health effects.

Determining whether a potential health hazard could exist with respect to a given transmitting antenna is not always a simple matter. Several important factors must be considered in making that determination. They include the following: (1) What is the frequency of the RF signal being transmittcd?: (2) What is the operating power ofthe transmitting station and what is the actual power radiated from the antenna? 6 (3) How long wil l someone be exposed to the RF signal at a given distance from the antenna? (4) What other antennas are located in the area, and what is the exposure from those antennas? We'U explore each of these issues in greater detail below.

For all frequency ranges at which FCC licensees operate, Section 1. 131.0 of the FCC's rules establishes maximum permissible exposure (MPE) limits to which people may be exposed. TIle :MPE limits vary by frequency because of the different absorptive properties of the human body at different frequencies when exposed to whole-body RF fields. Section 1.1310 establishes :MPE limits in terms of "electric field strength," "magnetic field strength," and "farfield equivalent power density" (power density). For most frequencies used by the wireless serv ices, the most relevant measurement is power density. The MPE limits for power density are given in tenns of "milliwatts per square centimeter" or mW/cm2

• One milliwatt equals one thousandth of one watt (1/1000 ofa watt).7 In tenus of power density, for a given frequency the FCC MPE limits can be interpreted as specifYing the maxi.mum rate that energy can be ~r.ansferred (i.e., the power) to a square centimeter of a person's body over a period of time (either 6 or 30 minutes, as explained

6 Power travel :ot from a transmitter through cable or other connecting device to the radiating antenna. "Operating power ofthc transmitting station" refers to the power that is fed from the transmitter (transmitter output power) into Ihe cable or connecting device. "Actual power radiated from the antenna" is the transmitter output power minus the power lost (power losses) in the connecting device ~ an apparent increase \n power (if any) due to the design of the antenna. Radiated power is often specified in terms of "effective radiated p:>wer" or ''ERr'' or "effective isotropic radiated power" or "EIRP" (see footnote 14).

1 Thus, by way of illustration, it takes 100,000 milliw!ltts of power to fully illuminate· a 100 watt light bulb.

4

FCClLSGAC Local Official's Cuide (0 RF

below). Tn practice, however, since it is unrealistic to measure separately the exposure of each square centimeter of the body. actual compliance with the FCC limits on RF emissions should be determined by "spatially averaging" a person's exposure over the projected area of an adu lt human body (th is concept is discussed in the FCC's OET Dulletin 65).

For determining compliance, exposure is averaged over the approximate projected area of the body.

Power decreases as the distance from the antenna Increases.

llIustration 2

Electric field strength and magnetic field strength are used to measure "near field" exposure. At frequencies below 300 MHz, these are typically the more relevant measures of exposure, and power density values are given primarily for reference purposes, However, evaluation of farfield equ ivalent power density exposure may still be appropriate for evaluating exposure in some such cases. For frequencies above 300 MHz, only one field component need be evaluated, and exposure is usually more easily characterized in terms of power density. Transmitters and

. anlennas that operate at 300 MHz or lower include radio broadcast stations, some television broadca'>t stations, and certain personal wireless service facilities (e.g., some paging stations). Most persona l wireless serv ices, including all cellular and pes, as well as some television broadcast stations, operate at frequcncies above 300 MHz. (Sce ll1ustration I.)

As noted above, the MPE limits are specified as time-averaged exposure limits. This means that exposure can be averaged over the identified time interval (30 minutes for general population/uncontrolled exposure or 6 minutes for occupational/controlled exposure). However, for the case of exposure of the general public, time averaging is usually not applied because of uncertainties over exaet exposure conditions and difficulty i.n controlling time of exposure. Therefore, the typical conscrvativ~ approach is to assume that any RF exposure to the general public will be continuous. The FCC's limits for exposure at different frequencies are shown in Diustration 3, below:

,

l?CC/LSGAC Local Official's Guide to RI~

Illustration 3. FCC Limitsjor Maximum Permissible Exposllre (MPE)

(A) l~imits for OcclipationaUConrrolled Exposure

Frequency Electric Field . Magnetic Field Strength Power Dem;ity Averaging Time R1mge Strcngth (E) (I·Q (S) (~EI', 1Hl;OC S (MI-k) rvhu) I (AIm) ICmWkm') mmutes 0.3-3.0 614 1.63 100* 6 3.0-30 I 8421f 4.S9/f (900/f)' 6

30-300 61.4 0.163 1.0 6 300-1500 - -- moo 6 1500-100 000 -- S 6

(8) Limits for General PopulationfUncontrolled Exposure

Frequency Electric Field Magnetic f'ield Strength Power Density Averaging Time

RanT;) Strength (E) ~~m) (S) IEI2, IHI2 or S (MHz I (VIm) (mW/om') (;"inut';) 0.3-1 .34 614 1.63 100)* 30 1.34 30 824/f 2.19/£ lS0/f')* 30 30-300 27.5 0.073 0.2 30 300-1500 -- -- fllSOO 30 1500-100 000 -- 1.0 30 f freqpency In MHz .Plane-wave eqUlvalent pow,?r denslty

NOTE I: OccupationaVcontrolled limits apply in situations in which pelSOns are exput>d a.~ a consequence of their cmploynn:llt

pmvided those pelSOns are fully aware of the potential for exposure and ean exercise control over thcirexposure:. Limits for

occupalionaVcontrol1ed exposure also apply in situatiollS when an individual is transient through a local ion where

occupational/controlled limits lIpply provitled he or she ill mode aWlIre of the potential for e~posure.

NOTE 2 : General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which

persons that are exposed as 0 consequence oflheir employment may not be fully oware ofthe: potential for exposure or cannot

exercise control over their exposure.

Finally. it is important to understand that the FCC's limits apply cwnulatively to all sources of RF emissions affecting a given area. A common example is where two or more wireless operators have agreed to share the cost of building and maintaining a tower, and to place their antennas on that joint structure. In such a case, the total exposure from the two fac ilities taken together must be within the FCC guidellnes, or else an EA will be required.

A: Categorically Excluded Facilities

The Commission has determined through calculations and technical analysis that due to their low power or height above ground-leyc1, many facilities by their very nature arc highly unlikely to

6


cause human exposures in excess onhe guidelinc limits, and operators of those facilities are exempt from routinely having to detelmine compliance. Facilities with these characleristics are considered "categorically excluded" from the requirement for routine environmenlal processing for ~ exposure.

Section 1.1307(b)(1) oflhe Commission's rules -sets forth which facilities are categorically excluded.! Ifa facility is categorically excluded, an applicant or licensee may ordinarily assume compliance with the gllidclinc limits for exposure. However, an applicant or licensee must evaluate and detemline compliance for a facility that is otherwise categorically excluded if specifically requested to do so by the FCC.9 If potential environmental significance is found as a result, an EA must be filed with the fCC.

No radio or television broadcast facilities are categorically excluded. Thus, broadcast applicants and licensees must affirmatively determine their facility's compliance with the guidelines before construction, and upon every racility moditieation or license renewal application. With respect to personal wireless services, a cellular facility is categorically excluded ifthe total effective radiated power (ERP) of all channels operated by the licensee at a site is 1000 watts or less. If the facility uses sectorized antennas, only the total effective radiated power in each direction is considered. Examples of a 3 sector and a single sector antenna array are shown below:

Example of a 3 sect<x <lntenlla an"ay

Sector C Sector B Ante!)n" Anay ~ - /; ~ .... Antenna Array

.. ;--,~

" ,. ; ~

lllnstration 4

Example of a single sedor antenna. arra.y

• "The appropriate exposure limits .. . arc generally applicable to all facilities, operations and transmitters regulated by the CommiS5ion. However, a detcnnination of compliance with the exposure limits ... (rouline environmental evaluation), and preparation of an EA if the limits are exceeded, is necessary only for facilities, operations and transmitters that fall inlo the categories listed in tablc 1 [of § 1.1 307], or lhose specified in paragraph (b)(2) of this section. All other facilities, operations and transmitters liTe categorically excluded from making studics or prcparing anEA ... "

9 See 47 C.r-.R §1.1307(c) and (d).

7


In addition, a cellular facility is categorically excluded, regardless o f its power, ifit is not · mounted on a building and the lowest point oflhe antenna is at least 10 meters (aboul331eel) above ground level. A broadband pes antenna array is categoricaUy excluded if the total effective radiated power-of all channels operated by the licensee at a site (or all channels in any one direction, in the case of sectorized antclmas) is 2000 walts or Jess. Like cellular, another way for a broadband pes facility to be categorically excluded is ifit is not mounted on a building and the lowest point of the antemm is at Jeast 10 meters (about 33 fect) ahove ground level. The power threshold for categorical exclusion is higher for broadband PCS than for cellular because broadband PCS operates at a higher frequcncy where exposure limits arc less restrictive. For categorical exclusion thresholds for other personal wireless services, consult Table 1 of Section t.I 307(b)( I).1O

For your convenience, we have dev·eloped the checklist in Appelldix A that may be used to streamline the process of determining whether a proposed facility is categorically excluded. You are encouraged to adopt the use of this checklist in your jurisdiction, although such .usc is not mandatory.

B. Wbat If An Applicant Or Licensee Wants To Exceed T be Limits Shown In )lIustration 37

Any FCC applicant or licensee who.w ishes to construct or operate a facility that, by itself or in combination with other sources of emissions (i.e., other transmitting antennas), may cause human exposures in excess of the guideline limits must file an Environmental Assessment (EA) with the FCC. Where more than one antenna is collocated (for example, on a single tower or rooftop or at a hilltop site), the applicant must take into consideration all ofthe RF power transmitted by all of the antennas when determining maximum exposure levels. Complianceat an existing site is the shared responsibility of all licensees whose transmitters produce· exposure levels in excess of5% of the applicable exposure limit. A new applicant is responsible for compliance (or submitting an EA) at a multiple-use site if the proposed transmitter would cause non-compliance and if it would produce exposure levels in excess of5% of the app licable limit. 11

An app licant or licensee is not pennitted to construct or operate a facility that would result in exposure in excess of the guideline lim its until the FCC has reviewed the EA (lod either found no significant environmental impact, or pursued further environmental processing including the preparation of a fonna l Environmental Impact Statement. Asa practical matter, however, this process is almost never invoked for RF exposure issues because appJicants and licensees nonnally undertake corrective actions to ensure compliance with the guidelines before submitting an application to the FCC.

Unless a facility is categorical ly excluded (explained above), the FCC's rules requirc a licensee to evaluate a proposed or existing fac ility's compliance witb the RF exposure guidelines and to

10 Table 1 of§ 1.l307(b)(I) is rcproduced in Appendix A to this guide.

II For more information, see OET Bulletin 65, or see 47 eFR § 1.1307(b)(3).

,

FCC/LSGAC Local Official's Guide to RF

determine whether an EA is required. In the case of broadcast licensees, who are required to obtain a construction permit from the FCC, this evaluation is required ~ the application for a construction permitis filed, or the facility is constructed. In addition, if a facility requires the filing of an EA for any reason other than RF emissions, the RF evaluation mllst be performed before the EA is filed. Factors other tha;l RF emissions that may require the filing of an EA are set out in 47 C.F.R. § 1.1307(a). Otherwise, new facilities that do not require FCC-issued construction pelroits should be evaluated before they are placed in operation. The rec also requires its licensees to evaluate existing facilities and operations that are not categorically excluded ifthc licensee seeks to modity its facilities or renew its license. These requirements are intended to enhance public safety by requiring periodic. site compliance reviews.

Al l facilities that were placed in service before October 15, 1997 (when the cun'cnl RF exposure guidelines becamc effective) are expected to comply with the current guidelines no later than Septcmber 1, 2000, or the date of a license renewal, whichever is earlier.]2 If a facility cannot meet the September 1, 2000, date, the licensec qf that faci lity must file em EA by that date. Section I. 1307(b) of the FCC's rulcs rcquires the liccnscc to provide the FCC with tcchnical infonnation showing the basis for its detennination of compl iance upon request.

U. How the FCC Verifies Corn illiancc with and Enforces Its Ru les.

A. Procedures Upon Initial Construction, Modification, and Rcncwal.

The FCC's procedures for verifying that a ncw facility, or a facility that is the subject ofa fac ility modification or license renewal application, will comply with the RF exposure mles vary dcpcnding upon the service involved. Applications for broadcast services (for example, AM and

·FM stations, and television stations) are reviewed by the FCC's Mass Media Bureau (MMB). As part of every relevant application, the MMB requires an applicant to submit an explanation of what steps will be taken to limit RF exposure and comply with FCC guidelines. The applicant must certify that RF exposure procedures will be coordinated with all co.lJocated entities (usually other stations at a common transmitter site or hill or mountain peak). If the submitted explanation does not adequately demonstrate a faci lity's compliancc with the guidelines, the lvfMB will require additional supporting data before granting the application.

The Wireless Telecommunications Bureau (WfB) reviews personal wireless service applications (for cellular, PCS, SMR, etc.). For those services that operate under blaJlket area Licenses, including cellular and PCS, the license application and renewal form require the applicant to certify whether grant of the application would have a significant environmental impact so as to require submission of an EA. The applicant's answe.f to this question covers all ofthefacilities sites included withi.n the area of the license.

For those services that continue to be licensed by site (e.g., certain paging renewals), the WTB requires a similar certification on the applicati.on fonn for each site. To comply with the FCC's ru les, an applicant must detenninc its own compliance before completing this certification for.

12 Prior to October 15, 1997, the Commission applied a different set of substantive guidelines.

9


every site that is nol categorically excluded. The WTB does not, however, routinely require the submission of any infonnation suppOiting the determination of compliance.

B. Procedures For Responding To Complaints About Ex.istiog Facilities.

The FCC frequently receives inquiries from members ofthc public as to whether a particular s ite complies witb the RF exposure guidelines. Upon .receiving these inquiries, FCC staff may ask: Lbe inquiring party to describe the site at issue. In many instances, the information provided by the inquiring party docs not raise any concern that the site could exceed the limits in the guidelines. FCC staff wi ll then inform the inquiring party of this determination.

In some cases, the information provided by the inquiring party does not preclude the possibility that the lim its cou ld be exceeded. Under these circumstances, FCC staff Illay ask the licensee who operates the facility to supply information demonstrating its compliance. FCC staff may also inspect tbe site to determine whether it is access ible to the public. and examine other relevant physical attributes. Usually, tbe information obtained in this manner is sufficient to . establish compliance. If compliance is established in this way, FCC slaffwiU inform the inquiring party of this detenninatiOIl.

In some instances, a licensee may be unable to provide information sufficient to establ ish compliance with the guideli ne limits. In these cases, FCC staff may test the output levels of individual fac ili ties and evaluate the physical installation: Keep in mind, however, that instances in which physical testing is necessary to verify compliance are relatively rare.

If a site is found to be out of compliance with the RF guidelines, the FCC will require the licensees at the s ite to remedy the situation. Depending on the service and the nature and extent of the violation, these remedies can include, for example, an immediate reduction in power, a modification of safety barriers, or a modification oftbc equipment or its installation. Actions necessary to bring a site into compliance are the shared responsibility of all licensees whose facilities cause exposures in that area that exceed 5% of the applicable MPE limit. In addition, licensees may be subject to sanctions for violating the FCC's rules and/or for misrepresentation.

'{be FCC is committed to responding fully, promptly. and accurately to all inquiries regarding compl iance with the RF exposure guidelines, and to taking swift a nd appropriate aetionwhenever the evidence suggests potential noncompliance. To perfonD this function effectively, however, the FCC needs accurate information about potentially problematic situations. By applying the principles discussed in this guide 'about Rf cmissions, exposure and the FCC's guidelines, stale and local officials can fillfill a vital role in identifying and witmowing out situations that merit further attention.

m. Practical Guidance Regarding Compliance.

This section is intended to provide some general guidelines that can be used to identify-s ites that should not raise serious questions about compliance with FCC RF exposure guidelines. ·Sites that don't fall into the categories described here may still meet tbe guidelines, but the determination

10

FCClLSGAC Local Official's Guide to RF

of compliance will not be as straightforward. In such cases, a detailed review may be required. The tables and graphs shown in Appendix B arc intended on ly to assist in distinguishing sites that should not raise serious issues from sites that may require further inquiry. They are not intended for use in identifying s ites that arc out of compliance. Iv; noted above, the factors that can affect exposure at any ind ividual s ite, particularly a site containing mUltiple facilities, arc too Ilumerous and subtle to be practica lly encompassed within this framework.

Applying the basic principles discussed in this guide should allow you to eliminate a large number a r siles from further consideration with respect to health concerns. YOll may find it useful to contact a-qualified radio engineer to assist you in your inquiry. Many larger cities and counties. and most states. have radio engineers on staff or under contract. In smaller jurisdictions. we recommend you seek initial assistance from other jurisdictions, un iversities that have RF engineering programs, or perhaps the engineer in charge of your local broadcast station(s).

We'll exclude any discussion of broadcast sites. As explained before. broadcast licensees are required to submit site-specific infonnation on each facility to thc FCC for review, and that information is publicly available at the station as long as the application is pending. Thc focus in thjs section is on personal wireless serv ices, particularly cellular and broadband PCS, the services that currently require the largest numbers of new and modified facilities. Many other personal wireless services, however. stich as paging service:'>, operate in approximately the same frequency ranges as cellular and broadband PCS. \J Much of the information here is broadly applicable to those services as well, and specific infonnation is provided in Appendix B for paging and narrowband PCS operations over frequency bands between 90 I and 940 MHz.

Finally. this section only addresses the generai population/uncontrolled ex posure guidelines, since compliance with these guidelines generally causes the most eooecrn to state and local governments. Compliance with occupational/controlled exposure limits should be examined independently.

A. Categorically Exclud ed )?acilities.

As a first step in evaluating a siting application for compliance with the FCC's guidelines, you will probably want to conSider whether the facil ity is categorically excluded llilder the FCC's rules from routine evaluation fo r compliance. The checklist in Appendix A will guide you in making this determination, Because categorically excluded fac il ities are unl ikely to cause any exposure in excess ofthe FCC's guidelines, detennination that a facility is categorically. excluded should generally suffice to end the inquiry.

B. Single Facility Sites.

If a wireless telecommunications faci li ty is not categorically excluded, you may want 10 evaluate potential exposure using the methods discussed below and the tables and figures in Appendix B.

13 The major exception is fixed wireless services, which o ftell operate lit much higher frequencies . In IIddition, some paging and other licensees operate at lower frt:qucncies

II


lfyou "run the numbers" using the conservative approaches promoted in this paper and the site in question docs not exceed these values, then you generally need look no furUler. Alternately, if the "numbers" don't pass muster, you may have a genuine concern. But remember, there may be other factors (i.e., power level, height, blockages, etc.) that contribute to whether the site complies with FCC guidelines.

Where. a site contains only one antenna array, the maximum exposure at any point in the horizontal plane can be predicted by calculations. The tables anti graphs in Appendix B show the maximum distances in the horizontal piane from an antctma at which a person could possibly be exposed in excess ofthe guidelines at various levels of effective radiated power (ERP).1 4 Thus, if people are not able to come closer to an antenna than the applicable distance shown in Appendix B. there shou ld be no cause for concern about exposure excccding the FCC guidelines. The tables and graphs apply to the following wireless antennas: (1) celluJar omn i-directional antennas (Table 81-1 and Figure BI-I); (2) cellular seetorized antennas (Tablc BI-2 and Figure 81-2); (3) broadband pes sectorizcd antennas (Table BJ -3 and Figure B 1_3);15 and (4) highpower (900 MHz-band) paging antennas (fable BI-4 and Figure BI-4). Table Bl-4 and Figure B 1-4 can also be used for omni-directional, narrowband (900 :MHz) pes antennas. Note that both tables and figures in Appendix B have been providcd. In some cases it may be easier to use a table to estimate exposure distances, but figures may also be used whcn a more precise value is needed that may not be listed in a table. .

It's important to note that the predicted distances set forth in Appendix B are based all a very conservative, "worst case" scenario. In other words, Appendix B identifies the furthest distance from the antenna that presents even a remote realistic possibility ufRF exposure that could exceed the FCC guidelines . The power levels are based on the approximate maximum nllmb~r of channels that an operator is likely to operate at one site. It is further assumed that each channel operates with the maximum power peimittt;d under the FCC's rules and that all of these channels are "on" simultaneously, an unlikely scenario. This is a very conservative assumption. In reality, most sites operate at a fraction of the maximum permissible power and many sites use fewer than the maximum number of channels. Therefore, actual exposure levels would be expected to be well below the predicted values. Another mitigating factor could be Lhe presence of intervening stmctures, such as walls, that will reduce RF exposure by variable amounts."For all these reasons, the values given in these tables and graphs are considcred to be quite conservative and .. shou ld over-predict actual exposure levels.

14 ERP is the apparent effeCtive amount of power leaving the transmit antenna. The ERP is determi'ned by factors including but not limited to transmitter output power, coaxial line loss between the transmitter and the antenna, and the "gain" (focusing effect) of the antenna. In some cases, power may also be expn:ssed in tenos ofEIRP (effective isotmpieally radiated power). Therefore, for convenience, the tables in Appendix 13 atom include a column for EIRP. ERP and EIRP arc related by the mathematical expression: (1.64) X ERP = EIRP.

l~ Because broadband PCS antennas are virtually always scctorizcd, no infonnation is provided for omni-direetional PCS antennas.

12


nIusfrat ion 5

Personal wireless service antennas typically do not em il high levels ofR}' energy directed above or below the horizontal plane oflhc antenna. Although the precise amount of energy transmitted outside the horizontal plane will depend upolllhc type of antenna used, we are aware of no wireless antennas Ihul produce significant non~horizontal transmissions. Thus, exposures even a small distance below the horizontal plane ofthcsc antennas would be signiticantly Jess than in the horizontal plane. As discussed above, the tables and figures in Appendix B show distances in the horizontal plane from typical antennas at which exposures could potentially exceed the guidelines, assuming "worst case" operating conditions at maximum possible power levels. In any direction other than horizontal, including diagonal or straight down, these "worst case" distances would be significantly less.

Where unidirectional antennas are used, exposure levels within or outside the horizontal plane in directions other than those where the antennas are aimed will typically be insignificant. In addition, many new antennas are being desig'ned with shielding capabilities to minimize emissions in undesired directions.

C. MuUiplc Facility Sites.

Where multiple facilities are located at a s ingle s ite, the FCC's rules require the total exposure from all facilities to fa ll within the guideline limits, unless an EA is filed and approved. In such cases, however, calculations of predicted exposure levels and overall evaluation of the site may become much more complicated. For example, different transmitters at a site may operate different numbers of channe.ls, or the operating power per channel may vary from transmitter to transmitter. Transm itters may also operate on different frequencies (for example, one antenna array may belong to a PCS operator, while the other belongs to a cellular operator). A large number of variables sucb as these make the calculations more time consuming, and make it difficult to apply. a s imple rulc--of-tbumb tcst. Scc the following illustration.

13

FCCILSGAC Local Official's Guide to RV

• ~~~,~ > , , , ' ,~~~'-------'

Power decreases as the distance from the antenna increases

lllustration 6 .

However, we can be overly conservative and estimate a "worst case" exposure distance for compliance by assumi ng that the total power (e.g., ERP) of all transmitting antClll1as at the s ite is concentrated in the antenna that i.s closest to the area.in question. (In the illustration above, this would be the -antenna that is mounted lower on the building.) Then the values in the tables and graphs in Appendix B may be used as if this wen: the only antenna at the site, with radiated power equal to the sum of the actual radiated power of all antennas at the site. ACtual RF exposure at any point will always be less than the exposure calculated using these assumptions. Thus, if people are 1I0t able to come closer to a group of antennas' than the applicable distllllce' shown in Appendix B using these assumptions, there should be no cause for concern about exposure exceeding the FCC guidelines. This is admittedly an extreme.1y conservative procedure, but it may be of assistance in making a "fi rst cut" at eliminating sites from furthcr consideration.

IV. Conclusion.

We've high lighted many of the most common concerns and questions raised by the siting of . wireless telecommun ications and broadcast antennas. Applying the principles outlined_ in this ·guide will allow you to make initial conservative judgments about wheUter RF emissions are or should be of concern, consistent with the FCC's rules.'

As we have explained, when first evaluating a siti ng application for compliance with the FCC's ·guidelines, you will probably want to consider whether the facility is categorically excluded under the FCC's rules from routine evaluation for compliancc. The checklist in Appendix A will guide you in making this determination. Because categorically excluded facilities are unlikely to cause any exposure in excess of the FCC's guidelines, determination that a facility is categorically excluded should generally suffice to end the inquiry.

If a wireless telecommunications facility is not categorically excluded, you may want to evaluate potential exposure using the methods discussed in Part III ofthis paper and the tables and fig ures in Append ix B. Ifthe site in question docs not exceed the values, then you generally need look no further. Alternately, if the values don't pass muster, you may have a gell.uine concern. But

14


remember, there may be other factors (i.e ., power level, height, blockages, etc.) that contribute to whether the site complies with FCC guidelines .

If you have questions about compliance, your initial point of exploration should be with the facilities operator in question. 111at operator i~ required to understand the FCC's rules and to know how to apply them in specific cases at specific sites. If, after diligently pursiling answers from the operator, you still have genuine questions regarding compliance, you should contact the FCC at one of the numbers listed below. Pr-ovision ofthe infonnation identified in the checklist in Appendix A may assist the FCC in evaluating your inquiry.

Gcncrallnfonnation: Compliance and Jnfonnation Bureau, (888) CALL-PCC

Concerns About RF Emissions Exposure at a Particular Site: Office of Eng in cering and Technology, ItF Safety Program, phone (202) 418-2tl64, FAX (202) 418-1918, e-mail [email protected]

Liccnsing and Sitc Infonnation Regarding Wireless Telecommunications Services: Wireless Telecommunications Bureau, Commercial Wireless Division, (202) tl18-0620

Licensing and Site lnfonnation Regarding Broadcast Radio Services: Mass Media Bureau, Audio Services Division, (202) 418-2700 .

Licensing and Site blfonnation Regarding Television Service (Including DTV): Mass Mcdia Bureau, Video Services Division, (202) 418.-1600

Also, note that the RF Safety Program Web site is a valuable source of general infonnation on the topic of potential biologica l effects an~ hazards ofRF energy. For cxample, OET recent ly updated its OET Bulletin 56 ("Questions and Answers about Biological Effects and Potential Hazards of Radiofi'cquency Electromagnetic Fields"). This latest version is available fi"Dm the program and can be accessed and downloaded from the FCC's web site at:

http://www.fec.gov/oet/rfsafcty/

15


APPENDIX A

Optiollal Checklist for Deienllillotioll

a/Whet/leT a Facility is Categorically Excluded


Optional Checldist for Local Government To Determine Whether a :Facility is Categorically Excluded

Purpose: The FC.C has determined that many wireless facilities are unlikely to cause hwnan exposures in excess ofRF exposure guidelines. Operators of those facilities arc exempt from routinely having to determine their compliance. lltese facilities are tenned "categorically excluded." Section 1.1307(b)( I) of (he Commission's rules defines those categorically excluded facilities. TIlis checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause expasun; in excess of the FCC's guidelines. Provision afthe infonnation identified on this cbecklist may also assist FCC starr in evaluating any inquiry regarding a facility's compliance with the RF exposure guidelines.

BACKGROUND INFORMATION

1. Facility Operator's Legal Name: 2. Facility Operator's Mailing Address: 1. Facility Operator's Contact Name!Title:

,4. Facility Operator's Office Telephone:

15 Facility Operator's Fax: 6. Facility Name: 7. Facility Address: 8. Facility City/Community: 9. Facility State ami ~ip Code: 10. Latitude: 11. Longitude:

continue •

,

FCCJLSGAC Local Official's Guide to RF

Optional Local Government Checkli~t (page 2)

EV ALUATION.oF CATEGORICAL EXCLUSION

12. Licensed Radio Service (see attached Table 1); 13. Structure Type (free-standing or bui ldinglroof~mounted):

14. Antenna Type [omnidirectional or directional (includes sectored)]: 15. Height above ground oftbe lowest point of the antenna (in meters): 16. 0 Check ifilll afthe following arc,true:

.

(a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart 1 (sec

I

question 12). (b) This facility will not be mounted on a building (see question \3). (c) The lowest point of the antenna will be at least 10 meters above the ground (see question

, 15).

lfbox 16 is checked, this facility is categorically excluded and is lUllikely. to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. Jfbox 16 is not checked, continue to question 17.

17. Euter the power thresbold for categorical exclusion for this service from the attached Table 1 in watts ERP or EIRP· (note: EIlU> = (1.64) X ERP) :

18. Enter the tOlal number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna:

119. Enter the ERP or ElRP per eharinel (using the same units as in question 17)· 20. Multiply answer 18 by answer 19: 21. Is the answ~r to question 20 less than or equal to the value from question 17 (yes or no)?

If the an~"Wer to question 21 is YES, this faci lity is categorically exduded. It is unlikely to calise exposure in excess ofthe FCC's guidelines.

lfthe ailswer to question 2 1 is NO, this facility is not categorically excluded. Further investi ation rna be a TO riate to verify whether the facilil rna g y pp p y y cause ex osure in excess of p the FCC's guidelines. \

'''ERr" means "effective radiated power" and "EIRr" means "effective isotropic radiated power


TABLE 1: TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROLTl'lNE ENVIRONMENTAL EVALUATION

Experimental Radio Services (part 5)

Multipoint Distribution Service (subpartKofpart21) .

Paging and Radiotelephone Service (subpart E of part 22)

Cellular Radiotelephone Service (subpart H of part 22)

power> 100 WERP (164 W En~p)

non-building-mounted antelUlUS: height above ground level to lowest point of antenna < 10 In and power> 1640 W EmP building-mounted antennas: power > 1640 W ED"tP

non-building-mounted antennas: height above ground leve l to lowest point ofantenna < 10 m and power > 1000 W ERP (1640 W E~) building-mounted antennas: pow« > 1000 W ERP (1640 W ElRP)

non-building-mounted antennas: beight above ground level to lowest point of antenna < 10 m nod total power of all channels > 1000 W ERP (1640 W EW) building-mounted antennas: total all channels > 1000 W ERP

W ElRP)

FCC/LSGAC

TABLE 1 (conL)

Personal Communications Services (part 24)

Local Official's Guide to RF

(1) Narrowb""d pes (subpart D), non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channe ls> 1000 W ERP (1640 W ElRP) building-mounted antennas: total power of all channels> 1000 W ERP (1640 W ElRP)

(2) Broadband pes (subpart E): lion-buildIng-mounted antennas: height above ground level to lowest point of antenna < 10m and total power of all channels> 2000 W ERP (3280 W EIRP) building-mounted antennas: total power of all channels> 2000 W ERP (3280 W ElRP)

Satellite Communications all included (part 25)

General Wireless Communications Service total power of all channels> 1640 W EIRP (part 26)

Wireless Communications Service total power afall channels> 1640 W EJRP (part 27)

Radio Broadcasl Services all incl uded (part 73)

FCC/LSGAC

TABLE 1 (cant.)

Experimental, auxiliary, and special broadcast and other program

distributional services (part 74)

Stations in the Maritime Services (part 80)

Private Land Mobile Radio Services Paging Operations

(part 90)

Private Land Mobile Radio Services Specialized Mobile Radio

(part 90)


subparts A, G, L: power> 100 W ERP

subpart I: non-building-mounted antenna": height above ground level to lowest point of antenna < 10 m and power> 1640 W EIRP building-mounted antennas: power> 1640 W Emp

ship earth stations only

non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and power> 1000 W ERP (1640 W EIRP) building-mounted antennas: power> 1000 W ERP (1640 W EmP)

non-building-mounted antennas: height above ground level to 10we..'iI: point of antenna < 10 III and lotal power of all channels> 1000 W ERP (1640 W EIRP) building-mounted antennas: total power of all channels> 1000 W ERP (1640 W EmP)

FCC/LSGAC

TABLE \ (oonl.)

Amateur Radio Service (part 97)

Local Multipoint Distribulion Service (subpart L of part 101)


transmitter output power > levels specified in § 97.13(0)(\) of this chapter

non-bui ld ing-mounted antennas: height above ground level to lowest point of antelrna < 10 m and power > 1640 W EDu> building-mounted antennas: power > 1640 W ElRP

LMDS licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety ha:atrds, e.g., information regarding the. safe minimum sepamtion distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in § 1.1310 of this chapter.

. FCCJLSGAC Local Official's Guide to Ulr

APPENDIX B

Estimaled "Worst Case" Dis/allces thaI ShOllltl be .Maintai"ed fr011l

Sillgle Cellular, pes, mul Paging Base Statioll All/elll/a:.'

FCC/LSGAC L ocal Official's Guide to RF

Table B 1-1 . Estimated "worst case" horuonlal* distances that should be maintained from a

single. omni-directiona l, cellular base-station antenna to meet FCC RF exposure guidelines

Effective Radiated Power Effective Isotropic Horizunlal* distance (fcet)

(watts) per channel b<lscd R~diated Power (walts) per that should be maintained

on maximum total of 96 channel based on a from a single omni-

channels per antenna maximum total of 96 directional cellular antenna

channels per antenna

0.5 0.82 3.4

I 1.6 4.8

5 8.2 10.8

10 16.4 15.2

25 41 24.1

50 82 34.1

100 164 48.2

For iniennooiale values nol shown On this IfIble, pleasc refer 10 the Figum Bl _\

, 'Thes" disl,ances are bas") on exposure al same Icvcl as Ihc antenna, for c~ample, on a rooftop of in a building din:clly ACras.' from and 0\ the

s"me height !IS Ihe antenna.

Note: These estimates are worst case, a~suming an omnidirectional antenna using 96 ch3Jl.llels. lfthe systems are using fe wer

channels, the actual horizontal distances that must be maintained will be less. Cellullll"omnidirectional anteonas tTllnsmit more

or less equally from the antenna ill all horizontal di rections and tmnsmit relatively little energy directly toward the ground.

·Therefore, these distances are cven more cODSCrvative for knon-horizontal" distances; for example, distances directly below

an antenna.

FCCILSGAC Local OOicial's Gllide to RF

Figure B 1 ~ I. "Estimated "worst case" horizonlal* distances that should be maintained from a single omni-di rectional cellular base station antelma to meet FCC RF exposure guidelines

110~---------------------------------------,

100

90

80 -

70

60

50

40

30

20

10 -

o 5

............- 0.5 watt/channel ---0-- 1 watt/channel ----1'0.- 5 wattsfchannel --0-- 10 walls/channel ---$- 25 walls/channel -v- 50 walls/channel o----{!}- 100 watts/channel

10 15 20 25 30 35 40 45

Horizontal distance from an omnidirectional cellular antenna (feet)

50

• These distances arc bll:;ed on exposure al same level as antenna, fOl' example, on II mollop or in II building directly across from and at the same height as the antenna.

Note: These estimates are worst case, assuming an omnidirectional antenna using 96 channels. If the systems arc using fewer channels, the actual horl7..ontal distances that must be maintained will be less, Ccllularomnidireclional antennas transmit more or less equaUy from the antenna in all horizontal directions and Iransmit relatively little energy directly toward the ground.


table B l-2 .. Estimated "worst case" horizontal* distances that should be maintained from a single,

sectorized, ccllu Iar base-st ation antenna to meet FCC. RF exposure guidelines

Effective Radiated Power Effective Isotropic Horizontal* distance (feet)

(watts) per channel based on Radiated Power (watts) per that should be maintained

maximum total of21 channel based on from a single scctor ized

channels per sector maximum total of 21 cellular antcIUIa

channels per sedor

0.5 0.82 1.6

j 1.6 2.3

5 8.2 5

10 16.4 7. 1 .

25 4 1 11.3

50 . 82 16

100 164 22.6

.

For intermediate values not shown on. tllis table, please refer to the Figure BI-2

*Thcsc distances arc based on exposure at same level as the antenna, for example, Oil a rooftop or in a building dircLily (K:[QSS

from and at the same height as the antenna.

Note: These estimates arc "worst case,· assuming a sccto.-Qcd antenna using 21 chalme\s. lfthc systems arc using fewer

channels, tile actuaillorirontal distances that must be maintained will be less. Cellular scetorized antennas t["3nsrnit more or

less in one direction nom the antenna in a hori·mntal direction and trRIlSmit relatively little enErgy directly toward the r;round.

Therefore, these distances are even more. eonselVative for "nnn-horiwntlil" distances, for example, dimances directly below

an i)Iltenna.

•

Figure B 1 ~2. Estimated "worst case" horizontal- distances that should be maintained from a single scctorizcd, ceUu lar base station BntelUta to meet FCC RF exposure guidelines

110

'C' 0 roo

~tl -. "-~ ~ 90 :::-~

---...... 0.5 watUchannel -rn--- 1 watVchannel --t:-- 5 watts/channel · - 80 c-c •

• c ~c o1! 70 ~ u .~ "-N 60 j~ 0" 50 "- 0

--0- 10 watts/channel -(!l- 25 watts/channel ---<,J---- 50 walts/channel ~ 100 walts/channel

]E 40 ] E

~ .-• • 30 -0: •

• E :fl 5 20 ~~ w-• 10

!!!. 0

0 1 2 3 4 5 6 7 8 9 1011 1213141516171819202122232425

Horizontal distance from a sectorized cellular antenna (feet)

• These distances arc based on exposure at same level as antenna, for example, on fI rooftop or in a building directly acro~s from and at the same height as the antenna.

Note: These estimates are "worst ca~e", assuming a sectorized antenna using 21 channels. ' If thc systems are using fewer channels, the actual horizontal distances that must be maintained will be less. Cellular scctorized antennas transmit morc or less in one direction from the antennfl in fI horiwntal direction and trallsmil relatively little energy directly toward the ground. .


Table Bl-3. Estimated "worst case" hori wntal* distances that should be maintained fTom a single

sectorized Broadband pes base station antelUla to mecll'CC RF exposure guidelines

-Effective Radiated Power Effective Isotropic Horizontal* distance (feet)

(watts) per channel based on Radiated Power (watts) per that should be maintained

maximum total of21 channel based on rram a single sectorized

channels per sector maximum total of2 1 Broadband pes antelUla

chalmeIs per se(;lor

0.5 0.82 1.2

I 1.6 1.7

5 8.2 3.8

10 16.4 5.4

25 41 8.6

50 82 12.1

100 164 17.2 .

For intcrriledinle vHlues oat shown on [bistable, please refer to th~ Figure 8 1-3

"1llc:se distances are based on exposun: at Si\IIlC level as the antenna, for elCtUnple. on a rooftop or in 11 building directly across

from and al the same height as the anteMa.

Note: These eslirnatc.'l arc "wors!. CR~e." assuming a secl.orized Bntenll~ using 21 channels. If the system is us ing fewer than 21

ehllfUlels, the act ual horizontal diSlanccs that must be maintained will be less. res stctorUed antennas ttan:<;ntit mor-c or less

in ont directioll Ilom the antenna in a horizonlal direction and InIIlsmit relatively little energy diiai ly toward the gJOund.

Therefore, these distances arc eyen more oollSCJ"Yatil'C for "non-horizontal" distances, fot example, distances directly below

an antenna.

Figure BI-3. Estimated "worst case" horizontal* distances that should be maintai ned from a single set;torized, pes base station antenna to meet FCC RF exposure guidclincs

110

"" B 100 ~o

~ . ~ ~ 90 _ 0.5 watt/channel

::-~ --0- 1 walVchannel o " 80 ---b- 5 walts/channel 0-o • --0- 10 walls/channel • 0 ~ 0 -----e- 25 walls/channel ul" 70 " u ---v- 50 walls/channel .~ "-N 60 --0- 100 w .. lls/channel

~~ o· 50 Q.B u E .. 40 • " '" " • x 30 0: • • E ~ 0 u 0 20 ou ". W" • 10

!'!. 0

0 2 4 6 8 10 12 14 16 18

Horizontal distance from a sectorized pes antenna (feet)

• These distances are based on exposu're at same level as an tenna, for example, o n a rooftop or in a building directly across from and at the same height as the antenna.

Note: These estimates are · worst case-, assuming a scclorized anlcnna using 2 I channels. ' (the syslt:ms are using fewer channels, the uetual horizontal distances thlll must be maintained will be less. PCS sectorizcd antennas transmit more or less in one directiQn from the antenna in a horizontal direction and transmit relatively little energy directly toward the ground.


Table B 1-4. Estimated "worst case" horizontal· distances that should be maintained tram a single

omnidirectional paging or narrowband pes. antenna to meet FCC RF exposure guidelines. Note:

this table and the associated figure only apply to the 900-940 MlJz band; paging antennas at other

frequencies are subject to different values.

Horizontal· distance (fcct)

Effcclive Radiated Power Effectiv.e Isotropic that should be maintained

(watts) based on one Radiated Power (watts) fro m a single omnidirectional

channel per antenna paging or l13rTOwband pes

antenna

50 &2 3.4

100 164 4.&

250 410 7.5

500 ·&20 10.6

1,000 1,640 IS.1

2,000 3,2&0 21.3

3,500 5,740 2&.2

For intermediate values no! shoWl! on this table, pl~asc refer 10 tho Figure 1) 1-4 (

.lllcsc dislHn~es are based on exposure at same level as Ilie antenna, for cxumplc, on a rooftop or in II building direct ly a<:ros~

from and at the sallie height !IS the antenna.

Note; ·Jhesc distanoes assume only one frequcncy (channel) per antcnna. Distauces woliid be greater ifmore than OOt channel is

used per antcM&' Omnidirectional paging and narrowband p~ antennas trll.llsmit more or less equ~lI)' from the antenna in all

horizontal directioo! and transmit re!ativdy little energy toward the ground. Thererore, these distanCC5 an: even more

conservative for "1lOI1-hori7Ol1tal" distances, for example, distances directly below an anlCMa.

FCC/LSGAC Local Official's Gu ide to RF

Figure D 1-4. Estimated "worst case" horizontal* distances thal should be maintained from a single omnidirectional paging or lIllrrowband pes antenna to meet FCC RF exposure guidelines. Note: this figure and th.e associated table only apply to the 900-940 MHz band; paging antennas at other frequenc ies arc subject to different values

(Qro " c m c 3 ID ,:",c ID m 3 ~

ID 0 U "- Oi ~ ID C - C

•• m ~ £ m 0

'" ID ID C

:§ a c a

ID .., iii ID • m

l'!.

3,500

2,000

1,000

500

250

100

50

25

0 5 10 15

-+- 25 watts/antenna ---[)- 50 watts/antenna ---I'r- 100 watts/antenna -<>--- 250 waHs/antenna ~ 500 walts/antenna ----'i/'""- 1000 waitsfantenna ---0- ?OOO wattsJantenna --m- 3500 watts/antenna

20 25 30

Horizontal distance from an omnidirectional paging or narrowband pes antenna (feet)

• These distances arc ~d on exposure at the same level as the antenna, for example, on a rooftop or building directly across from and at the same height as the antennll.

Note: These distances assume oniy one frequency (channel) per antenna. Distances would be greater if more than one channel is used per antenna. Omnidirectional paging and narrowband PCS antennllS transmit more or less equally rrom the antenna in all horiwntal directions and transmit relatively little energy towards the ground.


APPENDlXC

Text oj 47 U.S.c. § 332(c)(7)

(7) PRESERVATION OF LOCAL ZONING AUTHORlTY.

CA) GENERAL AUTHORITY. Except as provided in this parilgraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof OYer decisions regarding the placement, construction, and modification of personal wireless service facilities.

CD) LIMITATIONS. (i) The regulation of the placement, construction, and modification of personal wireless

service facilities by and State or local government or instrumentality thereof (I) shall not unreasonably discriminate among providers of fimclionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(ii) A State or local govemment or instrumentality thereof shall act on any request for authorization to place, constrnct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such-government' or inshumentaiity, taking into accounrthe nature and scope of such request.

(iii) Any decision by a State or local government or instrumentality thereof to deny a request to-place, cOllStruct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

(iv) No State or local govemment or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facili ties comply with the Commission's regulations concerning such emissions.

(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or fai lure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition tIle COlllIIllssion for relief.

(C) DEFINITIONS. For purposes of this paragraph (i) the term "personal wireless services" means commercial mobile services, unlicensed

. wireless services, and common carrier wireless exchange access services; (i i) the term "personal wireless service facilities" means facilities for the provision of

personal wireless services; and (iii) the term "unlicensed wireless service" means the offering of telecommunications

service using duly authorized devices which do not require. individual liccnses, but does not mean ihe provision of direct-to-home satellite services (as defined in section 303(v)).

EXHIBIT E

EXlllBIT 2--Z0NED PROPERTIES PCI'mit Review Autborities (I) (2)(3)

Residential Zones SR Zones Non-Residential (ROS, RlR, RI, R- Zones (el, e2, C3, 30S0, R-22S0, R- eR, eE, CEM, ePD, 16S0, and R-12S0) CAfO, CAfCS,

CAfCG, CS, eN, CGIMS, DSP, IND, Il\1U,IMU-R, SFMU, P overlay, and PS overlay)-

Class t AntcllIw I'C PD I'D

Class 2 Autcnnn Same as original Same as original Same as original permit for facility on permit fol' facility on permit for facility on

(co-located) which co-location which cORiocatioll which co-location will occur will occur will occur

Class 3 Antcnna PD I'D PO

Class 4 Antenna PC I'C PO

Class 5 Antenna PC I'C PD

Class 6 Antenna PC PC PI)

Class 7 Antenna PC I'C PD

PD Planning Director PC Planning Commiss ion

(1) All Classes of Antennas: Applications requesting heights exceeding the height limitation of the requested zone shall be presented to the Planning Commission.

(2) All Classes of Antennas. An application in an Historic Preservation Overlay Zone shall be reviewed by the Historic Preservation Commission in addition to the review authority named in Table 30.48 A.

(3) Co-located Antennas: Co-located telecommunications facilities shall be a permitted use provided Ibe underlying base facili ty was subject to a discretionary permit and was subject to either an environmental impact report, mitigated negative declaration or a negative declaration pursuant to California Govemment Code section 65850.6 and as lhat section may be subsequently amended.

EXHIBIT 2--Z0NED PROPERTIES Permit Review Authorities (I) (2)(3)

Class 1 Antenna

Class 2 Antenna

(co-located)

Class 3 Antenna

Class 4 Antenna

Class 5 Antenna

Class 6 Antenna

Class 7 Antenna

P))

PC

Residential Zones (ROS, RIR, RI, R-3050, R-2250, R-1650, and R-1250)

PC

Same as original permit for facility on

which co-location will occllr

PD

PC

PC

PC

PC

Planning Director Planning Commission

SRZones Non-Residential Zones (el, el, C3, CR, eE, CEM, CPD, CAlO, CAlCS, CAJCG, CS, eN, CGIMS, DSP, IN)), IMU,IMU-R, SFMU. P overlay, and PS overlav)

PD PD

Same as original Same as original permit for facility on permit fOI" facility on

which co-location which co-location will occur will occur

PD PD

PC PD

PC PD

PC PD

PC PD

(1) All Classes of Artennas: Applications requesting heights exceeding the height lim itation of the requested zone shall be presented to the Planning Commission .

(2) All Classes of Antennas. An application in an Hhtoric Preservation Overlay Zone shall be reviewed by the Historic Preservation Commi ssion in addition to the review authority named in Table 30.48 A.

(3) Co-located Antennas: Co-located telecommunications facilities shall be a pennitted use provided the underlying base facility was subject to a discretionary permit and was subject to either an environmental impact report, mitigated negative declaration or a negative declaration pursuant to California Government Code section 65850.6 and as that section may be subsequently amended.

EXHIBIT 2

EX III IlIT 3

COMMENTS TO WIRELESS TI,LI£COMMUNICATIONS FACILITIES ORDINANCE

City responses are in bold text. For ease ofreferencc. the comments have been grouped by subject maUer.

A. Co-Location.

I. CAL W A/ PCIA. Letter of November' 7, 2009. Tn order to encourage collocation, the City should stream line the collocation process and incentivizc applicants to deploy on existing structures by providing for admi ni strative, non-discretionary approva l of co llocations. This is not only good general policy but indeed is required under Califomia law. The Pemlit Streamlining Act provides that collocations "sha ll be a permitted use not subject to a city o r county discretionary pelln it" if the underlying facility has undergone d iscretionary review. Under Sect ion JO.48.020(A)(4) of the Proposed Ordinance, collocat ions are Class 2 antennas and "shall be presented to the same body that init ially reviewed the underl ying wireless telecommunications facility upon which the co-location is proposed," Because the underlying wi reless telecommunications fac ili ty is being subjected to d iscret ionary review, the collocations cannot, under Ca lifornia law, also be subjected to the same level of review. In order to recti fy tlus problem, the City should revise the ord inance to provide for collocation review by the Director of Planning,

This comment pCl'tains to the requirements of Government Codc Section 65860.6 which re<luires that if the base structure of a co-located antcnna has had discretionary review and has bccn approvcd with eithcl' an environmcntal impact statemcnt, neg~ltive dccla.-atioD or mitigated negativc declaration, then any other colouted antenna on that base facility shall receive ooly a ministcriall'cview. The ncwcst "evisioll of thc ordinance clarifies the pcrmit process for co-located antenna facilities consistent with Section 65860.6. Note, however, thllt Section 65860.6 docs not apply unless the original approval was accomplished by one of the thrcc CEQA documents, and the other preconditions of that Government Code are met.

2. CALW AlPCIA, Lener of November 17, 2009, The durations of collocation pennits are also unnecessaril y and possibly unlawfu lly Sh OI1 . Section 30.48.020(A)(6) provides that a "wireless telecommunications faci lity shall have a duration of no longer than ten (10) years ... " yet the Permit Streamlining Act states that " [IJimits [on pel1nit durationJ of less than 10 years are presumed to be unreasonable absent public safety reasons or substantia l land usc reasons." Thus the 10 year permit duration is the bare minimum duration allowed under California law and anything less than 10 years of duration is illegal. From a po li cy perspective, the City should extend the duration of coUocation pennits beyond I'en years in order to incentivizc collocations.

The authority cited by CalW AlPCIA is Gov. Code section 65964(b), which establishes a presumption, not an outright prohibition, that a duration of less than 10 y~ars is inappropriate. Notc that tbe same Government Code also permits

EXHIBIT 3

durations of shorter periods in special cases, and the City reserves its legal right to issue shorter permit terms if the requirements of the Govcrnment Code are met. Therefor'e the City disagrees that a "10 yea r' permit duration is the hare minimum duration allowed under California law and ;mything less than 10 years of duration is illegal."

3. AT&T Comment 11/17/09: Strike limitation to 3 col locators. Ira si te can support marc than th ree ca rriers it should not be excluded from the li st ing of preferred locations, Also, the dcfinition shou ld include parks and multi -family dwellings (R- 12S0,l R-16S0, R-22S0 and R-30S0). Sites in thesc areas might bc ncccssary in order to provide service in those and surrounding areas,"

City must decide when proliferation of antennas a t an individual site becomes problematic.

4. CalWA Commcnt 11117/09: Request to strike the limit of3 co-located carriers on a single anterula supp0l1. " It has been demonstrated that more than 3 carri ers can ex ist on a single antenna support if stealthed." City should expand number of caJTicrs from 3 to 5.

See previous I·csponse. Disagree that expansion of number of co-located facilities from 3 to 5 is necessarily a good idea. At some point , proliferation of antennas at an individual site becomes problematic. Will be decided on a e~lsc-by-case basis.

5. Section 12.08.037G.14., GoAet Comment 10/28/09: Should require co-location whenever the City detemlincs it is technica ll y feasible.

Ordinance inherently encourages co-location. However, co-location is not always the best solution (especially when it involves expansion of an already undesi ra ble site).

6. Section 12.08.037G.14. , CalWA Comment 11/7/09: Co- location is preferred . Add incentives for this class.

The City encourages co-location. Incentives are built into the code as a preferred location as defined in Section 12.08.005.

7. Section 30.48.020 A.4.: CalWA Comment 11 / 17/09: In order to comply with Cal. Gov' t Code sec. 658S0.6(a), colocations should be subjected to administrative review (Planning Director) if the underlying wireless tcJceom hlCility was subjected to discret ionary review. Sucb administrative approval should apply to all collocations including those with "minor structura l modifications" and "compound expansions" so long as they comply with the Nationa l Programmatic Agrecment standards.

Sec response to Comment No.1.

B. Camouflaging WTFs.

2 April 6, 20 I 0

8. CALWA/PCIA, Letter of November 17,2009. 'I 'he Proposed Ordinance treats facilities that arc designed to blend seamlessly with the landscape, such as Illollopal ms and monopines, in the same manner in which it treats monopoles, lattice towers, and other "non-camouflaged" faci lities in the review process. The camou1lagcd faci lities are significant ly more expensive to design, erect and maintain than monopoles or lattice towers. Accordingly, ifan Applicant takes these steps to better prcscrve the aesthctic scnsitivitics for an area, the application process should be streamlined to account for this, which would also incent ivize an Applicant to make use or camouflage tec1mology. Specifica ll y, if an Applicant applies for a camouflaged facility in a conuncrcial, industrial , or mixed-use area and meets all development standards, the WTF should be a "pennitted" usc subject only to thc review of the Zoning Administrator.

The ordinance has suffic ient incentives and requirements in it to sec that camouflaging such as monopahns and monopines will be incentivized in lieu of lattice towen and monopoles.

9, CAL W NPCIA, Letter of November 17,2009. The City can also encourage the use of camouflaged facilities by extending thc duration of the use permit. Under the Proposed Ordinance, camouflaged raeilities arc subject to the same 10 year duration with a possible five year renewal as all other WTF except those in public rights of way, We believe that extending the underlying use permit ' s duration to equate to those in the public rights or way (a possible 25 years ifa ll extensions arc gran ted) would effectivel y illcentivi ze use of camouflaged WTf.

The purpose of the 10 year Limitation was to review for improved technologies and account for obsolescencc of old facilities. Those conccr'IlS apply with equal force to camoutlngcd and non-camouflaged facilities.

10, Section 30,48,020 A,I , 2 and 3: T-Mobile Comment, I l n 0109: Objects to Class 7 which crosses the line by requiring an " inv isibility standard."

There is no such standard in the O,·dinance.

II. Table 30.48, Review Authori ti es: CalWA Comment 11117/09: To ineentivize usc of eamou Oage tcchnology espccially in a commercial, industrial or mixed-use area that meets all development standards and facilities that arc designed to blend scamlessly with the landscape, such as monopalms and monopines, suggest application process should be streamlined to rcquire administrat ive/Planning Director review,

No chnngc. The Planning Director will review C lass S, 6 and 7 antennas in nonresidential zones.

c. WTFs in Res idential Zones.

12. CAL WNPCIA, Lettcr of November 17,2009, Whi lc we understand the imp0!1anee of protecting the aestheti cs of residentia l arcas, we believe that multi-family residential zones should be moved from the list of "excluded" zones for WTF placement to one that is "pre felTed." Specifically, properti es in the R- 12S0, R-16S0, R-22S0, and R-3050

3 April 6, 2010

should be allowed for WTF siting in order to ensure these higher-density areas have adequate service. We also submit that city parks should not he excluded from consideration because parks arc o llen one place that can allow [or residential coverage without affecting the character orthe community. Making use of eamounage technology in mixed-usc residential areas and city parks would allow for the in-home coverage that Glendale citizens are increasingly demanding services.

No change. No preferences have been made for multi-family districts or parl<s properties. The City is not able to base a WTF siting decision on an ullspecified " need" for undefined and c31'rier-specifie " in home coverage." The issue to be determined by the City pursuant to the Ol'dillance is: what constitutes a "significant coverage gap."

13. Section 30.30.11.020: CalWA Comment, 11117/09: Propcl1ies in the R-1250, R1 650, R-2250, and R-3050 should be allowed WTF sitings as pcrmilted uses.

Sec previous response.

14. Section l2.08.037G. 4. CalWA Comment 11 / 17/09: Strike requi rements for addit ional analysis with respect to residential zones.

See previous resJlonse.

15. Sect ion 12.08.037G.4. CalWA Comment 11117/09: Strike references of proximity 10

residenti al zones in thi s analysis.

See previous response.

16. Section 12.08.0370. 19. Appl ication requirements for all other infom13tion as required by the WTF encroachment perm it supplementa l application form: T-Mobile Comment, 11120/09: Objects to section "which imposes unreasonable, Ul1JleCCssary, and discriminatory entry regulations upon only wireless telecommunication entrants into the City of Glendale market."

The "all other information" requirement is an important catch-all that is designed to recognize that context-specific infol'matiou may he needed on an application-byapplication basis.

D. Setbacks. (Scctions 12.08.037 P.3. and 30.48.060)

17. CALWAJPCIA, Letter of November 17, 2009. At the publie hearings on the Proposed Ordinance, several c itizens requested increased setback regu lat ions for WTF making use of the public rights-of-way. We bel ieve no additional setbacks beyond those traditionally utilized in the public rights of way are necessary. As the WTF are generally no taller or minimally taller than otber structures utilizing the rights of way, there is no po liey justification for increasing the setbacks simply because they are now add itionall y used by wireless providers.

4 April 6, 2010

For the public right-of-way, the Ordinance requires the same setbacks as in the ad.iacent zoned properties. The law makes aesthetic regulation, such as setbacks, .iustifiable and rac~-based. That, combined wi~h the flexible nature of wireless siting (at least as compared to traditional utili~y siting) suggests that setting minimum setbacks from residential uses wit ere feasible He appropriate.

18. GoAct Corrunent 10/28109: Residential setback requirement should be included for PROW installations. Prefer 50 feet or the total height of the tower, whichever is greater.

The Ordinance specifies that the public right-of-way setback requirement is the same as those ofthe underlying zoning district provided that the se~bacl{ docs not result in a proven significant coverage gap or othenvise would prohibit the provision of service under state or federal law.

The Ordinance has been amended to clarify the setback requirements in the public right-of-way by defining the term "Wireless telecommunications facility right-ofway setback" to mean "the minimum distance requi"ed betwcen a private properly line and a wireless telecommunications facility in the public right-of-way, as measured perpendicular from the private property line."

The O"dinance "equires that all wireless telecommunications facilities shall he equal to the same number of feet as those set forth in the development standards and setback requirements of the underlying zoning district, except as otilenvise permitted herein. The term "except as othenvise permitted herein" means: temporary emergency facilities, facilities on private property where a single utility line runs fl'om the right-of-way, existing facilities, co-located facilities, and facilities where compliance with said setback requirements are not reasonably fcasible as dctc"mined by an analysis of alternative sites and the need to close a significant gap in coverage.

19. John McMann Comment 11 /2/09: Residential setback 75% of tower height or 15 feet, whichever is larger.

See prior response to question 18.

20. CalWA Comment, 1111 7109: Supports setback requirements as in draft ordinance, (ie., meeting the development standards and setback requirements of the underlying zoning district). No additional setbacks beyond those traditionally utilized in the PROW are necessary. "As the WTF arc generally no taller or minimally taller than other structures utilizing the rights of way, there is no policy justification [or increasing the setbacks simply because they are now additionally used by wireless providers."

Sec prior response to question l8.

21. Polychronis Comment 1112109: Define the minimum distance required between the proposed installation and residences.

See prior response to question 18.

5 J\priI6,2010

22. AT&T Comment 11 117/09: Setbacks should be reduced to those required for other structures in the underl yi ng zoning di stri ct. The set.back requirement in thi s ordinance may elim inate many otherwise suitable parcels from consideration for wi reless facilit ies. The set back requirements as drafted may also prevent seam less wireless coverage in some areas. We believe there is no safety justification for these extended setbacks-in the ex tremely unlikely event that a tower fails, they are designed to be self-collapsing. Fut1her "we contend that any setbacks should be measured not from the adjoining property line but rather from the adjoining structure."

The setback requirements define what is acceptable to the City. I'revention of seamless coverage is not prohibited by law but rather "significant coverage gap" is the test. Safety justification can be legHimately advanced here given the conditions of the particular site and facility.

E. Legal Non-ConfOlming or "Grandfathered" WTf s. (Sect ion 12.08.037 R. and Chapter 30.60.)

23. CALW N PClA, Letter of November 17,2009. Ex isting non-camouflage sites: We request clarification that these sites will not be considered non-confol111ing uses.

A legal non-conforming use is one which is valid when brought into existence, but by subseqnent regulation it becomes no longer conforming. The WTF facilities that were legally in place on the effective date of the O"dinance will be considered "grandfathered" or lega l non-conforming. Such facilities will bc subject to compliance with the new Ordinance if and when such facilities either: fail to meet the applicable laws; are increased or expanded in usc; or cease to be IIsed for more than 90 days. The concept of uou-conforming uscs and sh'nctnres is well established in the law.

24. CAL WAJPCIA, Letter of November 17,2009. The Proposed Ordinance states that an existing structure that " increases or expands the use of the wireless telecommunicat ions facility" shall be subject to petmit revocation. As the structure already exists, we request the City to reconsider this provision in light of the goal of promoting collocations. This provision would li kely have the effect of precluding al l collocations on existing faci li ties because the structure owners would not want to risk losing their permit. Accordingly, many existing structures appropriate for collocation would go unutilized.

See previous response. Any expansion or al teration of a non-conforming usc subjects the carrier to permit revocation. In the event that the canier seel{s to expand or a lter such a facility, it will need to legalize the facility by applying for a new WTF permit.

25. CalWA Comment, 11 117/09: Seeks clarification thal existing non-camouflage sites will not be considered non-conforming uses. Seeks clarification for "co llocat ion on nonconforming faci lities: The Proposed Ordinance states that an existing structure that " increases or expands the use of the wireless teleconununications facility shall be subject

6 Apri16,2010

to pcrmit revocation. As the structure already exists, we request the City to reconsider this provision in light of the goal or promoting collocations."

See previous responsc.

F. Public Works Dircctor's Discretionary Powers. (Section 12.08.037 K.)

26. T-Mobile Comment, 11 120/09. Objects to authorizing the Public Works Director "to make all kinds of discretionary findings and purportedly imposing regulations on issues which substant ive law prohibits the Director from doing."

T-Mobile Ims not articulated how the Public Works Director would/could act beyond the legal limits of his/hel' discretion.

G. Concerns Regarding, Delays and Timc Limits to Proccss WTF Applications. (Section 12.08.037 Fond Section 30.41.060)

27. T-Mobile Comment, 11120/09. Objects to limiting "tcleconununicat ions providers (by exempting all other excavation permit holders) from the unreasonable delays and costs that wireless providers are expected to endure under 12.08.037."

The FCC Regulatory Ruling regarding 41 shot clock" time limitations currently addresses the issue of so-called "unreasonable delay."

28. "I"-Mobile Comment, 11120/09. Objects to "purportedly impos[ing] a set of requirements for new facili ties and modifications facilities unlike thosc imposed on other uses within the City. The requirements arc significantly more hurdensome and costl y than those applied to any other uses."

Tbe CPUC's GO 159A sets forth the legal distinction. It recognizes that there are unique aSllects of wireless siting justify differential treatment from other utility providers. Winless facilities are appropriate for differential treatment according to the law including GO 159A. Tbe Ordinance does not propose or intcnd to unreasonably discriminate between telecom firms providing tbe same services.

H. Time Frame To Construct in Public Right-of-Way. (Section 12.08.0370.3.)

29. CalWA Comment 11117109: Objects to short time framc within which an antenna constmction is commenccd.

60 days is required unless the period is extended by tbe Director of Public Works.

I. Technical Feasibility.

30. GoAct Comment 10128/09. Should define " technical feas ibil ity" and set forth evaluation criteria. Ord inance should exclude economic feasibi lity as an excuse for not co-locating ifan cx isting cell site is within a cc rtain di stance. Should require co- location whenevcr the City determines it is technically feasible.

7 April 6, 20 I 0

Defining tcchnical or economic feasibility may possibly limit the C ity 's ability to flexibly apply the O,·dinance.

1. Definition of "Low VisibiliLy." (Section 12.08.005)

31. T-Mobile ConUllcnt 11 120/09: Strike 12.08.00S definition of "Low visib ility" is overly prescriptive.

The llddifion of this definition is intended to assist the Public Works Depllrtment in detcrmining the aesthetic impact of a proposed WTF. T -Mobile has not articulated how, if at all, the definition of "low visibility" is "overly" prescriptive.

32. CalWA commcnt 11 117/09 : Rcfcrenee to "equipment cabinets" unclear. Need clarification as to how this is connected to " whip antelmas."

In the event that then are any equipment cabinets nssociated with whip antennas, s~,id equipment cabinets, if located in underground vaults, are not included in the size calculation.

K. Definition of " Preferred Locations." (Sect ion 12.08.00S)

33. CalWA Comment 11/ 17/09: Collocations should include those with " minor structurdl modifications" and "compound expansions" so long as they comply with the National Programmatic Agreement standards.

The National Programmatic Agreement, which applies to tbe placement of WTFs in bistol'ic districts, does lIot appear to apply to this Ordinance. "Minor structural modifications" or "compound expansions" ~Irc not allowed without a new permit under the Ordinance as currently drafted.

34. CalWA Comment 111 17/09: Request to st rike inclusion of city parks with elementary and middle schools as non-prefelTed locations.

As has been the case and as for all types of buildings and str·uctul'es in a City park, :lntennas are subject to review by the Planning Commission.

L. DeJinilion of "Preferred Zones." (Section 12.08.00S)

3S. CalWA Comment 11 / 17/09. CalWA proposes the addi tion of multi -fami ly residential zones on rooftops only and screened or stea lthed completely.

Multi-f~lmily residential zones will be treated the same ~tS any other r'esidential zone.

M. Definition of "Whip Antennas." (SecLion 30.70.020)

36. Cal Wa Conunent 11117/09. Strike deflnition of " Whip Antenna" as overly prescriptive, needlessly specific. " Wireless ean-i ers sometimes need to direct signals in a particular direction to avoid interference or to fi ll a signifi cant gap in coverage. The use of a " whip

8 Apr i1 6,2010

antelma" resu lts in an omni-directional RF signal pattcrn. Requiring the use of a whip antenna does not a llow a wirclcss service provider to focus the sif:,'1lal in a mmll1er necessary to either meet a service need or avoid interference. Limited capacity with Ollllli

antennas ... will drive additional sites which is in direct contrast with the city ' s desire to reduce sites."

No change. Limitations on usability ofwbip antennas will be addressed in application process, particularly during 'he altematives analysis.

N. Definition of "Wireless TeleconuTIunications Facility." (Section 30.70.020.)

37. CalW A proposes "clarify exemption to include co-locations for the purpose of tecimological upgrades as long as the number of antennas are maintained and/or reduced?"

No change. The exemption will need to be considered on a case-by-case basis to determine that the ncw cquipment or ma"crials will be for the sole purposes stated in the section.

O. Significant Coverage Gap Analysis. (Section 12.08.037 G.7. and Sect ion 30.48.040 AS)

38. GoAct Conunent 10/28/09: Ordinance should forbid speculative, multiple cell site build ing completely.

Significant coverage gap analysis hinges on carriers' coverage goals. City cannot, without consideration of applications on a case-by-case basis implement a wholesale ban 011 " speculative" multiple cell site building.

39. CalWA Comment: Recommends adding a clause that identifies that in add ition to "coverage gaps," "capacity and new technologies" drive the need for additional WTFs.

No change. Current law recognizes significant gaps in coverage as the proper standard for analysis, not capacity or new technologies.

40. GoAct Comment 10/28/09: Should require standardized technical proofofneed for coverage along with proof of existing demand.

Each case must be taken on a case-by-case basis. Not ablc to generalize in tbe Ordinance.

41. GoAct Comment 10/28/09: Is there any aud it process as lime gocs on to see if carriers arc being honest with needs up front?

The dynamic nature of wireless planning would probably make the results of such an audit very difficult to fairly evaluate. Siting needs/forecasts of other carriers will be useful in identifying potential co-location and other synergies in the course of future alternatives analyses.

9 April 6, 20 I 0

P. Duration or W'fF Penni Is. (Section 12.08.037 F and Section 30.41 .060)

42. T-Mobile Comment, Il n 0/09: Objects to a term limit "on wireless facilities within the public rights of ways when no other telecommunications or utility use is subject to such Icnn limits."

Differential treatmcnt is not discriminatory as it is equally applied to all applicants falling under the Ordinance. Differential trutmcnt over time is also not discriminatory bascd 011 evolving naturc ofteleeommullications tcchnology. 10 year term should bc presumptive lower limit. City can go shortcl· on showing of good causc, per Gov Codc 65850.6. Definition has becn rewritten to reflect s~lIne.

43. AT&T Comment 11 / 17/09: Strike limited duration of approva ls. "At minimum, ex isting wireless facility sites should be exempted as well as any collocation applications on those exempted sites."

See prior response and resJlonsc to Commcnt No . .I.

44. Cal WA Comment 11 / 17/09: The durations of co llocation permits are "unnecessary and possibly unlawfully short. Permit streamlining act states that ' limits lon permit durationJ of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons.'" (CaLGov' t Code Sec. 65964(b).)

See .. esponse to Comment No. J.

45. CalWA Comment 1111 7/09: To incentivize collocations, suggest collocations allowed for 10 years or more and have each co llocation re-sel the pelmit duration orthc underlying structure.

See response to Comment No.1 and 40.

46. Cal WA Comment 11/ 17/09: ineentivize camouflaged facilities by extending the duration of the use permit. Suggest extend to a possible 25 years ifall extensions are granted.

10 ycar term should be presumptive lower limit due to the rapidly changing tcchnology in the telecommunications industry.

Q. Aitemative Sites and Configurations. (Section l2.08.037G.5 and 30AO.020 1l. I.c)

47. CalWA Comment 11/ 17/09: 111 the design and development ofWTFs, the best design that fits the vicinity is always presented. Articulating other scenarios is not reasonable. Cal WA recommends deleting this section.

Altcmative configul'ation analyses an within tbc City ' s policy authority per Allacortes.

48. T-Mobile Comment 11/20/09: Stri ke 30.48.030A3: exceeds local zoning authori ty. CITcl,lmVents clear federal preemption over WTF.

10 April 6, 2010

Alternative configuration ~Inalysis docs not exceed local zoning ~lUthority.

R. Anticipated Future WTF Siting Needs. (Sections 12.0S.037G.6 and 7, 30.40.020 H )

49. CalWA Comment 11117/09. Regarding anticipatcd future needs, most cases it is no possible to know the future expansion and capacity needs at the time of all submittal s, Cal W A recommends striking this requirement due to the industrics inability to know on a site specific basis where future WTFs arc needed.

This is a gencral requirement and a request for a future build-ont phm is not unreasonable.

50. GoAet Comment 10/28/09 : Require diagram of al l existi ng cell sitcs in the vic inity of the requested new or co-location site.

The applicant maps its own sites. The City maintains an inventory of all sites as identified by the applicants and from field verification by City staff.

51. Miriam Nakamura-Quan COlmnent 1112109: Rcqu ire City to maintain continuously updated map of every cell site and locations of projected cell siles which draft ordinance requires in carrier permit applications.

The City maintains a map with information supplicd by the applicants. Section 12.08.190 requir·es distribution system maps fo.· WTFs as well as other utilities in the public rights-of-way.

52. GoAct Comment 10/28/09: Require a diaf,'l·am of a ll ex isLing cell sites in the vicinity of the requested new or co-located sile. City shou ld maintain a continuously updated map of every cell site and locations of projected cell sites which the dran ordinance requires in carrier penn it applications.


53. GoAct Comment 10/28/09: Ordinance should conta in di stance requi rement, such as, if there is another wireless faci lity within 2,000 feet, co-location is required or no pennit is issued.

As f .. amed by tbe comment, the suggested requirement raises the Jlossibility of an outright prohibition. The Ordinllllce Icts the alternative site/configuration analyses guide the outcome. If an available site is within the 2,000 foot radius and is amcnable to cO-IOc~ltion, tbat will show up in the nlte.·natives amllysis.

54. T-Mobile Comment 11/20/09: Strike requirement for projection of the app licant' s future WTF siting needs as it exceeds local zoning authority.

Identification of anticipated future sites does not exceed local zoning authority.

s. Application Forms.

11 Apri16,2010

55. Polyclu-onis Comment 11 /2/09: [<o1111al application fonu s must be created outlining a ll the infonuation necessary for the proposed installation and include detai.l ed drawings with all the structures, homes and businesses in the vic ini ty.

The application form is in the process of being developed at this time. It cannot be finalized until after the ordinance is considered and approved by the City Council.

56. GoAct Comment 1012S109: What information will the WTF permi t application require? Has a fonn been developed? Ifit changes over tUne and cannot be included in the ordinance, it should be available onli ne.

See prcvious I·espouse.

T. Community Notification. (Sect ions 12.08.037L-1 and 30.6 1.010)

57. GoAct Conmlent 10128/09: Will afrected neighbors be informed at the time of the currcnt application?

The community notification sections of the Ordinunce arc an eXjJllllsioli from CutTent code and practice particularly for the public rigbt-of-w~ly encroachment permit process which establishes wholly new public notice and I)osting requ irements. Extensive public community notice is required in the zoning provisions of Section 30.61.010 which is the City-wide standard for all permits mid ~'pprova ls on private property. In addition, as a practice, City staff mails notices of all public hearings to all homeowner groups. Further, application information is available on a map on the City's website within days of the applic~ltion ' s submittal. T he number of days for community notification is heavily impacted by the FCC Declaratory Ruling "shot clock" time limitations.

58 . GoAct Comment 10/28/09: Beyond City'S option to so licit expelt review there is little beyond more notifi cation in this process that incrcases protection for residential areas. For the pemlit 011 Cumberland Road, there was a very basic ci ty department check-off and then the neighbors received notices. This ordinance does not appear much stricter in its requirements for public right-of-way installations.

See response to comment No. 57.

59. GoAct Comment, 10128/09: Ordinance should clarify audit procedures fo r mailing labels submitted to make sure they are complete. Clarify that the City will mail notices and confi rm receipt. Requ ire certified mai ling labcls to affected area tenants as well as propel1y owners.

Typically, applicants hi re specialized companies to create labels for ownership, which usc the County Assessor's database. Applicllnts 01" those hired to prcpar-e labels for them must sign an affidavit certifying the accuracy oftbe submitted Ilibeis. City staff docs not audit labels or re(luirc certified mailing for any other type of application. Most complaints about lack of mailed notice involve inaccuracies in

12 Apri16,2010

the County's database or in post office delivery. It will lIot be possible to require certified mailing labels for notices addressed "To Whom It May Concern."

60. GoAc! Comment, 10128/09: Ordinance should clari fy aud it procedures for mailing labels submitted to make sure they are complete. Clari fy that the City wi ll mail notices and confirm receipt. Require cel1ified mailing labels to a fTected area tenants as well as property owners.

See response to comment No. 57

61. GoAd COllunent 10/28/09: With lot sizcs of 60-90', a 500 foot notification radius could be as few as 4-g ncighbors. 1n hill side communities, 500 feet could be just on neighbor. The Ordinance should require a 1500' notice di stance and minimum neighbor requirement for instance, the closest 10 residential ncighbors or those within 1500 feet, whichever is greater.

See response to Comment No. 57.

62. GoAc! Comment 10/28109: 30 day notice is not enough time for residents to educate themselves and respond. Residents who arc away for 1-2 weeks could lose the opport uni ty to respond. Ilomcowners groups meet at 1110st once a month, sometimes less. The ordinance should requi re a minimum of 45 days, prcferably 60 days for notification ora pending application.

Sce response to Commcnt No. 57.

63. Polychronis Comment: 11 12109: Written notice should be 2500 fee t radius with 2 months advance notice.


64. GoAct Commenll0/38109: Size of notice should be 22" x 34."

Size of posting for public rights-of-way has becn added in Section 12.08.037H and will bc 22 inches by 34 inches. Titlc 30 I·cquil·cs " poster-size" signs at a height of 3 fcet and a width of 4 fcet.

65. T-Mobi le Comment, 11120/09: Objects imposing wireless telecommunications only com.munity notifications standards. "No otJlcr utili ty or any otber usc is requ ired to comply with thi s provision."

Question is not whether "utilities" arc required to comply with community notification standards. Rathcr, question is whether discretionary permit applications are rcquired to comply with those standards. Through GO 159A, the C llUC has already recognized that wireless siting issues require differential treatment.

13 Apri16,20 10

66. T-Mobilc Comment, 11120/09: Objects to Sec. 12.08.037 (K-U) "which impose a host of ' wireless only' development standards into titl e 12."

"Wirelcss only" I'equirements are appmpriate duc to thc unique, and flexible, n ... tul·C of wireless siting. This is expressly recognizcd in GO 159A.

67. GoAct Comment 10/28/09: Needs notice before construction commences---48 hours isn' t su fficient Interested parties up to 1,500 feet , IIOAs and anyone who attended a hearing should be notified when a pennit is approved. Property owners, tenants, neighborhood and merchant associations should receive notices o r all process changes/protests/meetings related to the permit.

In ~. wholly new procedure, property owners within 500 fect will"eceive written notificlltion no later than 48 hours prior to inst.,II11tions in the Jlublic r igbts-oC-way pursu"nt to Section 12.08.037 H. The pUl'pose oC the notification is to notify in case there will be inconvenience associated with the installation work (e.g. noise, etc.) in tbe public right-of-way. For zoned properties in residential "rcas, therc will have bccn notice prior to tbc Planning Commission hearing. T be,'c is to he no separate notice for cOllstruction.

68. GoAct Comment 10128109: Should have distance requirement, if there is another wireless faci lity within 2,000 leet, co-location is required or no permit is issued.


69. GoAct Com ment 10/28109: 30 day notice is not enough time [or residents to educate themselves and respond. Residents who arc away for 1-2 weeks could lose the opportunity to respond. Ilomeowncrs groups meet at most once a month, sometimes less. The ordinance should require a minimum of 45 days, preferab ly 60 days for notification of a pending application.

Sce "espollse to Comment No 57.

70. GoAct Comment 10/28109: The ordinance does not specify a notification time period for private property installations for Plmming Director.

No noticc is I'equired where the Planning Dircctor "cviews those facilitics proposed COl· favored zones specified on Table 30.48. This incentivizes tclccom carriers to p lace preferred classifications of facilities in preferred locations and zones.

71. GoAct Comment 10128/09: Size of not ice should be 22" x 34."

Title 30 requires "poster size" notice which is larger (3 fect by 4 feet).

72. P. 67, Section 30.40.020 H.l.m. GoAet Comment 10/28/09: Will affected neighbors be informed at the time of the current appl icat ion?

14 April 6, 20 10

Applications for WTF pel'mits are public I'ccords. ])Ianning Commission reviews requirc public hearing notice, posting and pUblication.

U, Expert. Review Required When Necessary. (Sections 12.08.037 I and Section 30.40.020 rn)

73 . CalWA Conunent 11117109: What are the thresholds fo r requiring expclt revicw? CalWA contends that "all reports [submiUed by WTr applicants] will be completed by licensed professionals (when required) that would not nccessitate the nced for outside review. All infonnation submittcd will providc conclusions in layman 's terms that will clearly demonstrate compliance with applicable regulat ions. City employees should be able to adequately review any of the required reports/conclusions."

Thresholds fOI' when the City must obtain outside expert review of WTF applications will be determined by intemal policy. This is ~lD issue tbat will be managed by the City administratively, not through amendments to the ordinance. Expcrts' qllalific~ltions will be sought in a Request for Qualifications after the Ordinance is considered and approved by the City Council. This comment does not require any revisions to the ordinance at this timc.

74. Polychronis Comment 11/2/09. Expelts/eva luators must be qualified.

See response to Commcnt 73.

V. Public Works WTF Encroachment Permit Process. (Section 12.08.037 K)

75. Lawrcncc Kaltayan Comment 11/2/09 . Ordinance should have public hearing for installations in PROW.

In prior discussions, the City has indicated that state law limits thc City's ability to rcstrict WTFs in the public right-of-way. The City must limit its consideration to rcasonable time, place, and manner criteria.

76. GoAct Commcnt 10128/09: Necds pub li c hearing process for encroachment peml its.


W. Undcrgrounding Requirements For Vaults and Otller Accessory Equipment Cabinets. (Sections 12.08.037 P.2.d.i and 30.48 .070)

77. 'f-Mobile Comment, 11120109: Objects to the imposition of "very expensive undergrounding and vaulting obligations on wireless providers that are not imposed on any other telecommunications or other right of way use."

Wireless carriers in jurisdictions throughout the state have complied with undergroundiog rcqui!·cmcnts. T -Mobilc's attcmpted analogy to othcr utili tics bas not yct held sway with the Courts nOI" with the CPUC's differential trcatment of wirc!css siting decisions in GO 159A.

15 April 6, 2010

78. Miriam Nakamura-Quan, COIlli11enl 11 /7/09: All tower/antenna equipment should be underground espec iall y in residential zones.

A categorical requirement is difficult to implement. If an alternative configuration analysis shows undergrounding is technically and financially feasible, and in context desirable to the C ity, it will be required.

X Authority of Building and Fire Board of Appeals. (Section 12.08.037 Q.I)

79. CalWA recommends statement that Bui ld ing and Fi re Board of Appea ls should interpret the provisions of the ordinance.

No change. The Board is authorized to review whether the depllrhnent of public works propel'ly applied the 1"C(luircments of the ordinance.

Y. Abandonment or Discontinuation or Use. (Section 12.08.037 '1'.)

80. GoAet Comment 10/28/09: Defi ne " use." Carrier could try and reta in an abandoned site for unspecified future uses and justiry it by some means.

T here is a concern that the carrier may " use" an abandoned site prior to removal. If the use is truly abandoned, then it will be I-emoved after Glendale Water and Powcr disconnects the power_

Z. Emergency Relocations ofWTFs in Public Rights-of-Way. (Section 12.08.037 U)

8 1. CalWA questions what type of emergency would constitute removal o r a WTf and what is a " reasonable period thereafter"?

No change_ The ty pe of emergency and whethel- the removal will be required is a decision for the J)irector of Public Works according to City policy.

AA. RF Emissions: Annua l FCC Compliance Certificat ions_ (Sections 12.08.037 V and 30.48.080)

82. T-Mobile Comment, 11120109: Stri ke this section. Objects to " punitive. costly, and unnecessary annual certifications' of RJ7 emiss ions and a City imposed requiremenlthat a wireless provider pay for the costs of annual review by a ' qualified independent Rf engineer.'"

This is not punitive. It is simply a mechanism to cnsure ongoing compliance with FCC standards_ Other jurisdict ions , including San Francisco already require tb is.

83. AT&T Conmlcnt 11 / 17/09: In lieu of " proposed requirement of alUllIal (or even more frequent) radio frequency emission reports, AT&T recommends requiring carriers doing business in the Ci ty of Glendale to provide annua l certificat ions of compliance with fCC rules and regulations. The Federal Communications Commission has exclusive

16 Apri l 6,2010

jurisdiction over thi s area and compliance with the FCC's requirements is the standards to which carriers should be held."

See prior response.

84. AT&T Conunent 1111 7/09: In li eu of "proposed requirement of annual (or even morc frequent) radio frequency emission reports, AT&T recommends requiring eamers doing business in the City of Glendale to provide annual certifications of compliance with FCC rules and regulat ions. The Federal Communications Commission has exclusive jurisdiction over this area and compliance with the FCC's requirements is the standards to which carriers should be held."

See luior rcsponse. Agree that FCC lUIs exclusive jurisdictioJlllS to setting standards, but not to verifying compliance with the FCC stllndards. That is why requirement is limited to ensuring compliance with standards imposed by FCC.

BB. Damage to City Property By WTFs. (Section 12.08.037X.2)

85. CalWA suggests Ihallhe Ielecorrummicalions operator has advance notice and an opportunity to challenge the decision ortbe Director of Public Works.

No change. Any damage to public propcrty "in connection with" the WTF will require that the telecommunications cllrric., repair the public proper'ty at its cost aud expense.

ce, Assignments and Transfers of WTFs, (Sections 12.08.037Z and 30.48. 100)

86. CalWA strongly ret:ommends tIlis be stricken.

No change. City must be notified of any new occupant io the public right-oC-way.

DD. Permit Fees. (Scctions 12.08.045 and 30.40.030)

87. T-Mobile Comment, 11120/09: Objects to imposing "unreasonable financia l burden (cost ofreview of application that is unique to wireless permit applications) and will result in unlawful delays and a requirement to produce data and conduct studies that are irreleva nt or prohibited llnder state and federal law,"

Shot clock ruling from FCC deals with unrcasonable dchlYS. There is no showing that complying with application rcquh'cmcnts will rcsult in au unreasonable financial hurdcn.

88. T-Mobile Comment, 11120109: Objects to impos ing fees associated wi th abovereferenced provisions."

The City has a right to obtain cost recovery.

t7 April 6, 20 I 0

89. T-Mobile Comment, 11120109: Objects to imposing "expensive and unreasonable fees and costs on wireless service providers in vio lation of slale and federal law.'

Cost recovery fees are aplll·opriate under both state and federal law.

90. CalWA Comment, 111 17/09: Questions the authority of the imposition of penalty fees.

Administrative and penalty fees are permitted by California Government Code Sections 36901 and 53069.4

EE. Liability, Indemnification and Insurance. (Section 12.08.055)

91. T-Mobile Cmllinent, 11/20/09: Objects to "purpotiedl y authoriz[ing] the City to require a teleconU1lUnications provider to fully indemnify the City for any pennit that is granted and to allow the City to select counsel of its own choosing the require the telecommunications provider to ' fully reimburse City for the legal fees and all related expenses. ,,,

The requirement is not new to the Glendale Municipal Code and is not unique for local jurisdictions. Citics routincly require indemnification of legal fees if thcy get challenged in connection with the grant of a discretionary approval.

FF. Historic District Overlay Zone. (Sect ion 30.25.050)

92. i\ T &T Conunent 11117109: Covers subject matter (historical buildings & areas) already regulated by the FCC. "This provision should be reWlitlen to require that caniers comply with the applicable federal standards."

FCC's exclusive jurisdiction is over RF emissions issues. The subject provision deals with siting at historic structures, where issues of concurrent jurisdiction (not exclusive jurisdiction) exist. No need to revise the ordinance to accommodate AT&T's commen ...

GG. Parks Properties.

93. CalWA Comment, 1111 7/09: Parks properties should be allowed WTr: sitings as pemlitted uses.

Parks properties have required a public hearing before the Planning Commission (SR Review) in the current municipal code. The Proposed Ordinance continues this p.·actiee.

HH. GIS Mapping Requirement. (Sections 30.40.020 H.I.a . and 30.40.020)

94. T-Mobile Comment 11/20/09: Slrike GIS mapping requirement as exceeding local zoning authority.

18 April 6, 2010

T-Mobile does not explain how GIS mapping ~,"d identification of existing sites exceeds local zoning authority.

II. Code Enforccmcnt. (Sections 30.40.020 1-I. I.n and 30.64.020)

95. GoAct Comment 10128/09: Is there any audit process as time goes on 10 see ifcalTie rs are being honest wilh needs up front?

No changes required in the I)roposed Ordinancc. Code enforcement will be implemented upon notice to the City should there be permit or Code violations.

11. Maintenance and Monitoring Requirements. (Section 30.40.020 H.1.h.)

96. T-Mobi le Comment 11 120/09: Strike language requiring description of the maintenance and monitoring program for WTF and associated landscaping as exceeds local zoning authority.

A ntnintenance and monitoring progl'am requil'ement is within the bounds of local autbol'ity, and consistent with ~)n'il1l v. SllIt Diego.

KK. Modilications to WTF p<.mils. (Sections 12.08.037 E. and 30.40.020 H.3)

97, T-Mobile Comment 11 120109: Strike provis ion that requiTes an application to the Planning Depm1ment ifpenllittee proposes any modifications to any WTF permit aller pelmit is granted as exceeds local zoning au thority

Requiring an updated application with site motJificntions is within tbe bounds of local authority.

I ~L. NonRlnterrerence Requirements. (Section 30.48.050)

98. TRMohile Conunent I 1/20/09: Strike tlli s section as it exceeds local zoning authority.

Ensuring compliance with fedenl and state interference standards does not exceed local authority.

MM. Public Nuisances Cause By WTfs. (Section 30.64.020 D.2)

99. Polychronis Commenl 1112/09: "Nuisance" define.

The City will use the state laws definition. A "nuisance" is defined in part as being anything which is injurious to bealth including anything tbat is offensive to the senses or an obstruction to the free use of property so as to intcrfere with the comfortable enjoyment of life or property. It could he an act or omission which interferes with the interests of the community or Ihe comfort or convenience of the general public and interferes with the public health , comfort and convenience.

NN. Additional Concerns.

19 Apri l 6, 2010

100. GoAct Comments 1 0128/09: In app lications fo r perrnits, ask for a list ofeustomers in the area that is transparent to the public.

Customer lists al'e protected as private informatiou.

101. Noisc. Section 12.08.037: John McMann Commcnt 1112109: All equipment box I~ms should be quiet- not above dec ibel level in noise ordinance.

Noise ordinance compliancc is a code rcquircment for all permits granted.

102. Qual ity of Technology. John McMann Comment 11/2/09: Require most recent technology and best towers available.

This objective will be satisfied though the design review and alternative sites an<liysis.

103. Applicant's Name. Section 12.08.037. GoAct Conmlcnt 10128/09: Ordinance shou ld require the carri er ' s name 110t just a subcontractor.

Agree that identification of carrier is important. A WTF applicant cannot have a signilicant coverage gap unless it citber dcmonstrates a federal license right to provide covcrage itsclf, or has a legal right to assert the rights of those that provide coverage via tbe proposed facility.

104. Request for Flow Chart. GoACL Comment 10128/09. A flow chart should be included in Ordinance.

A gClleral now chart has not been developed and should lIot be until after the ordinance is considered and approved by the C ity Council. Each application must be considered on a case-by-case basis and the process should be flexible depending on the specific facts of (be case and any preemptive law tbat may apply.

00. Minor Concctions to Ordinance Language.

105. Section 12.08.190A.: T-Mobile Comment, 11 /20/09: Objects to imposing repol1ing requirements " that may violate fedcral homeland security provisions."

Need more articulation of what homeland security provisions arc at issue. Revised the eode to reflect: "Unlcss otbenvise prohibited by State or Fedcral law .. . "

I 06. Section 12.08.0 I 0, General rules for encroachment or excavation pcnnits. CalWA Comment 11117/09. CalWA recommends that the phrase "or any other public property" should be stricken.

Agreed.

107. Sect ion 12.08.030A, Encroaclmlent pemlits: CalWA Conmlent 1111 7/09: delete "public property."

20 April 6, 20 I 0

AgTeed.

GENERAL COMMENTS AT PLANNING COMMISSION BY PUBLIC

Richard Roche of AT&T said that demand for wireless service has reached an aU-time high and the company's network engineers are scrambling to meet demand. He said the ordinance would increase the cost of doing business in Glendale, and thanked staff for Mproperly resisting setback requests" for PROW installations.

A Verizon representative said the new ordinance was beginning to resemble the health care bill, calling it Mextensive" and Mdifficult". She asked for uniformity in noticing requirements, not allowing staff discretion to expand notification for some permit applications.

A California Wireless Industry Association representative said people demand service the most in residential areas, usage has quadrupled, and wireless carriers need more capacity : "Hampering wireless services is not a laudable goal." He predicted that many installations will have to be in sensitive areas such as residential zones.

2 1 April 6, 2010

EXHIBIT 4

Revis ions from January 2010 Draft

Januarv 201 0 Draft March 2010 Draft

12.08.005, page 3 Definition of "low visibi lity," text regarding equipment cabinets removed from 1. and added back as 4. No change in language.

12.08.005, page 3 Definition of "preferred locations,n removed "water tanks."

12.08.005, page 5 Add definition of Wireless Telecommunications Facillity Right-of-Way Setback.

12.08.010, page 5 Change numbering and add sUbsection 4 to read as follows: "Structures or appendages including attached signs may project beyond a property line provided same is in accordance with the provisions of the Glendale Building and Safety Code then in effect.

12.08.030, page 6 Add subsection E taken from page 12, Section 12.08.037 N.3.

12.08.037, page 7 Subsection B, remove first sentence, correct punctuation.

12.08.037, page 7 Add subsection D.4. requiring a telephone corporation encroachment permit agreement form to be signed by the applicant.

12.08.037, page 9 Subsection G.1 O. Add "prior to submitta l, applicant has ... " Capitalize Glendale Water and Power.

12.08.037, page 10 Subsection H.1. Second line add: " . . . and deemed complete ... "

12.08.037, page 11 Subsection H.1. Changed size of posted notification to 3 feet in height and 4 feet in width, to be consistent with Tit le 30.

12.08.037, page 13 Moved subsection N.3. to page 6, section 12.08.030 E.

12.08.037, page 15 Subsection 0.3. Amended setback section in public rights-ot-way to cla ri ty application and exceptions to setback rule.

EXHIBIT 4

12.08.040, page 22 Moved text "if reasonably feasible" to end of sentence for clarification.

Januarv 2010 Draft March 2010 Draft

30AO.020.8.2, page 63 Added "or wire less te lecommunications facil ities permits" to the end of the sentence for consistency.

30AO.020. H, page 65 Revised last sentence to refer to Subsection A , above for clarification.

30AO.020.H.1 .p and q, page 68 p. Included "existing trees" to the proposed landscape plans. q. Added a submittal requirement re lated to topography information based on Planning Commission comment.

30 A O.020.H. 2.a, page 68 Amended language related to payment from applicant when expert review is requ ired to cla rify that fees associated with review are requ ired in advance.

30A7.020, page 72 Deleted Section 30.47.030 due to recently adopted ord inance related to design review. It removed discussion about the CPD and SR Zones and amended existing language related to these zones in Section 30.47.020.

30A8.020, page 80 Added South Brand Boulevard Specif ic Plan Zones to Table 30.48

30 A 8.040, page 83 Add words "Class II" and "Class III " for clari fication.

30A8.070, page 84 Subsection B.5. reference to ~above-ground water storage tank" removed.

2

RESOLUTION NO. __ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, CERTIFYING AND ADOPTING A CERTAIN NEGATIVE DECLARATION PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, in conneclion wilh Ihe proposed amendments and additions to the City of Glendale Wireless Telecommunications Facilities Ordinance ('Project') the Direclor of Community Planning considered the Initial Study, prepared on behalf of Community Planning and Public Works, a Proposed Negative Declaration prepared pursuant to the California Environmental Quality Act; and

WHEREAS, the proposed Negalive Declaration, which is attached hereto as Exhibit A and incorporated herein as if fully set forth , was made avai lable for a 20-day public review and comment period; and

WHEREAS, a final Negative Declaration has been prepared incorporating any comments received during the review period and any responses to those comments; and

WHEREAS, the Negative Declaration reflects the independenl judgment of the City of Glendale; and

WHEREAS, the Cily Council has read and considered the Negative Declaralion; and

WHEREAS, the City Council acknowladges the findings of the Direclor 01 Community Planning with respect to the preparation of the Negative Declaration; and

WHEREAS, the Glendale Community Planning Department has been identified as the custodian of record for the Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE THAT:

SECTION 1. All the recitals set forth above are true and correct.

SECTION 2. The Negative Declaration for Ihe projecl was prepared pursuant to Ihe California Environmental Quality Act and Stale and Local Guidelines.

SECTION 3. Same has been presented to the City Council, that the City Council has reviewed and considered the information contained in the Initial Study, the Negative Declaration, and public comments, and finds that there is no substantial evidence that Ihe Project will have a significant effect on the environment and that the City Council Adopts the Negative Declaration prepared for the Project.

9A 1

Adopted this _ ___ day of ______ , 2010.

Mayor ATTEST:

City Cterk

STATE OF CALIFORNIA SS.

COUNTY OF LOS ANGELES

I, Ardashes Kassakhian, Clerk of the City of Glendale, certify that the foregoing Resotution No. _ _ ___ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2010, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk

APPROVED AS TO FORM

· -~~c·~ Date: Yo,,;:; I ...

-2

ORDINANC," NO. ___ _

AN ORDINANC," OF Tim CITY COUNCIL OF nlE CITY OF GLENDALE ADDING SECTION 12.08.037 AND CI1AI'TER 30,48, REPEALING SECTION 30.34.170 AND AMEN])ING SECTIONS

12.08.005, 12.08.010,12.08.030, 12.08.040, 12.08.045, 12.08.055, 12.08.190, 12.08.240,30.11.020,30.11.030,30.12.020, 30.12.030, 30.13.020, 30.13.030, 30.14.020,30.14.030,30.15.020,30.15.030, 30.15.040, 30.25.050, 30.40.010, 30.40.020,30.40.030,30.41.060,30.42.030, 30.47.020, 30.47.040, 30.61.1110, 30.62.010,30.64.020 AND 30.70.020 OF THE GLENDALE MUNICIPAL

CODE, 1995, REGARDING nlE n EGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF GLENDALE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. Purpose. The Glendale City Council fmds and determines 0131 the purpose of thi s ordinance is to establish comprehensive guidelines [or the permitting, placement, design and maintenance of Wire less Telecommunications Faci lities in all zones within the City of Glendale. These regulat ions are intended to prescribe clear, reasonable and predictable criteria to assess and process Applications in a consistent and expeditious malU1er, while reducing impacts associated wi th Wireless Telecommunications Facilities. The ordinance provides standards necessary lor the preservation of land uses with in the City, wh ile allowing lor the orderly and effic ient deployment of Wireless Telecommunications Facili ti es in accordance with state and federal laws, rules and regulations.

SECTION 2. Section 12.08.005 of the Glendale Municipal Code, 1995, regarding definitions [or encroachment permits is hereby amended to rcad as follows:

12.08.005 Definitions.

For the purposes of this chapter, the following words or phrases shall have the meanings ascribed to them, unless otherwise noted~~ Unless the context clcarly indicates to thc contrary, words. used in the present tense include thc future tcnse and words lISed in thc p lural ind icate the singular.

"Agent" means a person authorized to act on behalf ofa pelminee or other person or entity responsible for an encroachment or excavat ion.

"Backfill" means the placcment of new dirt, fill or other material to refill an excavation; or the return of excavated dil1 , fill or other materials to an excavation.

"Cable" means any wire, copper, coax, or fiber used to house the same, for utili ty service purposes.

"Division" means the division of public works.

.9 A 2

"Emergency" means circumstances requiring immediate action in order to preservc life, property or public welfare.

"Encroachment" means any facility, tower, pole, pole li ne, pipe, pipeline, dri veway, private road , fence, sign, billboard, stand or bui lding, or any struct.ure or object of any kind or character not particularly mentioned hercin, which is placed in, under or over any portion orthe public rightof-way.

"Essentia l utility service" means a ut il ity service that is necessary for the health , welfare and safety of the public.

"Excavation" means any work or operat ion in which earth, sand, gravel, rock or other material in the surface or subsurface oflhe pub lic right-of-way, includi ng, but not limited to opening the public right-or-way that is moved by using tools for grading, backfill ing, trenching, digging, ditch ing, scraping, cable or pipe plowing, drawing, brushing, installing, servicing, repairing or modifying any faei lily in, along or under the surface or subsurfacc oflhe public ri ght-of-way, and restoring of the same.

"Excavation influence area" means the mandatory min imum area for resurfacing an excavation as dctennined by the director of public works.

"Faci lity" means any tower, pole, pole line, driveway, private road, fence, sign, bi ll board, stand or building, cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, sl ice boxes, mailboxes, surface location markers, tunnels, utilities, vaults, other appurtenances or tangible things, or any structure or object of any kind or character not part icularly mentioned herein, owned, leased, operated, or licensed by a pennittee or other person or entity, that are located or are proposed to be located in the public right-of-way.

"franchise" means the separate contract by which the city grants the right to operate within all, or part, or the public ri ght-or-way within the city pursuant to the Glendale City Chartcr and the Glendale Municipal Code.

"Hazardous material" means any gas, material, substance, or waste which, becausc of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal , stale, or local government to pose a present or potential hazard to human health , safety, property or to the env ironment.

"Hi gh visibility" means any of the following wireless communicat ion facilities:

I. Monopoles and lattice towers.

2. Non-camouflaged facilities.

3. Monopalms. monopines and other camouflaged monopoles made to resemble different types oftrecs.

2 April 6, 2010 J;lilcdldocfileslord/wirclcss antenna ordl\\~reless ItIllenna onl FINAL (wi lh diagrams) 040610 with Planning Addilions . 3

4. Any and all wireless tclccommunications facilities not delinet! as low visibilit y.

"Life of the street" means thc design life of a street as restorcd prior to being d isturbed by a subscq uent excavat ion.

"Low visibility"' means any of'the following wireless telecommunications facilities:

I. Whip antennas not exceeding six leet in length or height. including mounting, and measuring no more than 3 inchcs in diameter, located On ex isting structures including. but nollimiled to: high-vo Ungc transmission lowers, utility towers and poles. sign standards, and roadway overpasses, if the addition of the antcnna to the structure. including ~Uly vertica l mounting, does not rcsul t in an increase in height of the structure ofmorc than live feel.

2. Antennas thaI are flush-mounted to an ex isting building facade or other exist ing struchl re on at least one edge, extend a maximum 0[ 24 inches from the point at which the antennas is affixed to thc building facade or structure. do no t exceed the h~ight of the building or structure by more than five fect and are designed to blend with the co lor and texture oflhe ex ist ing building or structure, with no eq uipment cabinet visi ble from the ground.

3. Changes to an ex isting, building or structure that are consistent with tlle bui lding's architectural style and the cquipment cabinet is not visiblc.

4. Equipment cabinets that are scrcened ('rom view by means other than walls or tenecs and have total dimensions no greater than fifty cubic fect and no dimension greater than six feel. Equipment cabinets in underground vaults are 110t included in the si:Le calculation.

"Moratorium street" means any strcet that has been rcconstructed, repaved, or resurfaced in thc preceding tm'ee (3) year period or any st reet that has been slurried in the prcced ing one (1) year period.

"Ovcrhead faci lity" means utility poles, utili ty fac il ities located above the surface of thc ground , including thc underground supports and foundations fo r such facilities.

"Pcrmittee" means any person, persons or ent ity, including the c ity, who owns any fac ility or facilities that are or are proposed to be insta ll ed or maintaincd in the public righ t-of-way, or propose to conduct an excavation in, along or under the surface or subsurface of the public rightof-way.

"Person" means any ind ividual , corporation, estate. trust, partnership, association of two (2) or more pcrsons having a jo int common interest, or joint stock company.

"Preferr~d locations" means. with rcgarclto wireless tcleconUl1unicatiolls facilities as set forth in this chapter 12.08, any of thc following,: (1) existing structurcs, including but not limited to, utility lowcrs and poles, traffic lights "cobra-style" street lights. and roadwa y ovcmasses in nonresident ial zones (i.e. , other than adjaecnt to the follo wing 7..oning districts: ROS, R 1 R. Rl, R-1250, R- 1650, R-2250 and R-3050) when the si:Le and scale achieve compatibility with the

3 Apri16,2010 J:fIicdldoclile.vonl/wirtlcss amcnna ordlwirdcss antenna ord FINAL (with diagrams) 0406 10 with Planning Addition5· 3

community: (2) commen:inl and industrial bui ldings: (3) county or other govcrnmental faci lities (e.g. road stations. freeway park and ride lots). excl uding, elementary and Inidd le schools and city parks: and (4) co-location in non-residential zones (i.e .• olher than the following zoning districts ROS. R I R. Rl. R- 1250. R- 1650. R-2250 and R-3050) up to a maximum or 3 co-located carriers on a single antenna support .

"Prcien ed zones" means. with regard to wi reless telecommunications facilities as sct Jorth in this chaptcr 12.08. withi n the following zoning districts: C I. C2. C3. CR. CEo CEM. CPD, CA/O, CA/CS, CA/CG, CS, CN, CG/MS, DSP, [NIl, IM1J, IMU-R, SFMU, SI{ , P overl ay, and PS ovcrlay.

"Public ri ght -of-way" or "PROW" means any public highway, strect, alley, sidewalk, parkvvay, and all ex tensions or additions thereto which is eithcr owned, operated, or controlled by the city, or is subject to an easement or dedication to the city, or is a privately owncd area within city's jurisdict ion which is not yct, but is designated as a proposed public ri ght-of-way on a tentative subdivision map approvcd by ci ty.

"Public utility" means and includes every 6f*HmOn carrier, loll bddge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, or any othcr corporation conducting telecommunication services, water corporation, sewer system corporation , and heat corporation, where the service is pcrfOlllled for, or the commodity is delivered to, tbe public or any portion thereof, ineluding thc ir respecti vc agents. contractors, subcontractors, cmployees or representatives. Oil a conuuon carri er basis.

"PUC" means the California Public Utilities Commission.

"Reconstruct" means the complete removal and replacement of the exist ing pavement.

"Release" when used with respect to hazardous matcrials means any aChtal or imminent di sposing, dumping, emitting, emptying, escaping, injecting, leaching, Icaking, pumping, pouring or spi lling.

"Repave" means to recover an ex isting paved surface with a flat unifonn hard material to make it a firm or suitable surface for traveling or wal king.

"Restoration" means the process by which all excavated ri ght-or-way and slllTounding area, including, but not limi tcd to, pavement and foundation structures, ground covcr, landscaping, and monuments are rcturned to an acceptable conditjons given the applicable guidelines and standards.

"Resurfacc" means the grinding of a portion of the upper layers of ex isting asphalt pavement and overlay with new asphalt. The tcrm "resurface" docs not include a slurry overlay.

"Slurry" or "slurry overlay" means the placement of a seal coat ing onto ex isting public ri ght-ofway surfaces with the type of materials specified in Sections 203-5 and 302-4 of the Greenbook (2003), and ,as subsequently amended.

4 Apri16.2010 l :mcdldod ileslord/wirclc:ss antenna Old/wireless anlcrwa ord FINAL (wilh diagrams) 040610 with Planning Add it ions· 3

"1'eleconun unication" means the transmission, between or among points specified by the user, of information of the user's choosi ng, without change in the content of the information as sent and received.

"Temporary antelUla" mans an antelma no larger than 3 cubic feet and associated equipment system that is a temporary (not more than 90 days) or mobile ill)!t intended to provide coverage on an interim basis until a pcmlancnt facility to provide coverage for the same gencral arca is operational. or in connection with a special even t of a tcmporarv duration (not more than 30 days). The definit ion of "temporary antenna" does not include temporary emergency use antelmas pursuant 10 sec tion 12.08.037.

"Temporary emergency use antenna" means a wireless telecomillunications facility approved bv the director of public works or city manager on a temporary basis as necessary du ring an emergencv pursuant to section 12.08.037.

"Utility fac ili ty" means the plant, eq uipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires or wi reless, located, in whole or in part, undcr, in , on or above the surface of the ground within the public right-of-way and used or to be used for the purpose of providing utility services.

" Wireless Telecommunications Facili ty Right-Of-Way Setback" means (he minimulll distance required between a private property line and a wireless teleconummications facility in the public right¥o t:'way, as measured perpendicular from the private property line.

SECTION 3. Section 12.08.010 of the Glendale Municipa l Code, 1995, regarding general rules for cncroachment or excavation pemlits, is hereby amended to read as follows:

12.08.010 Generally.

A. No person shall erect, construct or maintain any bui lding, wall , fence, structure, wireless telecommunications facility, or any other fac il ity, in, on, under, over or above any public rightof-way or any other pl:tblie-pffipefi-y, except as fo llows:

1. Street structures, inc luding pavements, curbs, gutters, storm drai.ns, eatchbasins, sanitary sewers, sidewalks and driveway approach aprons, including such walls as arc necessary to support driveway approaches, may be constructed in a street pursuant to a publ ic improvement permit requiring deposit issued by the director of public works;

2. Ornamental entrance structures authori zed pursuant to Section 12.08.020 of this chapter;

3. Wireless telecommunications facilities autho rized pursuant to Section 12.08.030 of thi s chapter.

4. Structures or appendages including attached signs may project beyond a propel1y line provided same is in accordance with provisions oC the Glendale Building and Safety Code then in efrect.

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A..,.~The zOlling administrator sha ll have the power to grant additional exceptions, other than those enumerated above, to thi s section under the procedure prescribed in Title 30, for filing, hearing and act ing upon applications for variances, including time limits and payment of tees.

SECTION 4. Section 12.08.030 oCthe Glendale Municipa l Code, 1995, regarding encroacJunent permits, is hcreby amended to read as follows;

12.08.030 Encroachment permits.

A. Except as provided in Sect ion 12.08.010 of this chapter, any person desiring to erecI, construct or maintain any bui lding, wall , fence, wireless lelecoJllllumicalions facilit y. structure or other facility, in, on, undcr, over or above any public property or public right-oC-way must first obtain an encroachmcnt penuit therefor. An ell croaelunent permit may bc obta ined by fi ling a written application with the director of public works on a form suppl ied tlU'ougb his or her oflice. The requ irements for these pcnnits as enumerated in this chapter arc in addition to any other applicable loca l, state or federal laws, rules and regulations. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment or, in the case of a wireless communication facility. the owner of slleh wireless communication fac ilit y. and shall bc accompanied by a legal description oClhe adjacent real property benefited by the encroachment, a one (1) sheet plot plan illustrat ing the proposed facility and a writtcn justification as to the need for the encroachment.

B. Each applicant for an encroachment pennit shall , at the time of filing the appl icat ion, pay a nonrcfundable permit fee accord ing to a fee schedule on file in the office of the director of public works.

c. After investigation, if the director of public works determines that a proposed encroaclU11erit will not be detrimental to thc heal th, safety or welfa re of the community or the surrounding property, the director of public works may issue the pelTIlit. ITaIler investigation, the director of public works determines that the health, safety or welfare or the community will be advcrsely affected by the proposed encroachment, the director of public works may deny the permit or may issue the pe1111it and attach such reasonable conditions thereto as wou ld eliminate such adverse effects.

l+:Notwithstand ing subscctions A through C of this section 12.08.030, the el-ireclor of pub lie 5eFVtee-gell cral manager of glendale watcr and power shall pcriolm all the duties and functions of the director of public works as conccrns any and all encroachments placed in, upon, under or over any portion of any easemcnt dcdicated to the city for e lectrical or water purposes, and not in confli ct with casements dedicated to the eity for other purposes, in a manner and at a fee as sct fo rth in thi s section.

E. If construction pursuant to a wireless lelcconununications fac ili ty cllcroacluncnt pcrm it is nol commenced within sixty (60) days from thc date of issuance of such pcrmit , said permit shall expire unless. at or prior to the time of cxpiratioll . the time period for commencing the construction is extended by the director of public works in his or her sole di scrction. Any extension granted by the director of public \Yorks mav be subject to additional fees and requirement,s.

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SECTION 5. Section 12.08.037 of the Glendale Municipal Code, 1995, regarding Wireless Telecommunicat ions Facilities, is hereby added to read as fo llows:

12.08.037 Wireless Telecommunications Fllcility Rncl'mlchmcnt Permits

A. Definitions ofspecializcd tcnllS and pluases. In addition to the definitions set forth in Section 12.08.005. <lnd for the purposes of this sect ion 12.08.037. the tcnns, phrases, words and their deri vations uti li zed in this sect ion 12.08.037 shall have the meanings given Section 30.70.020 unless otherwise noted.

B. In addi tion to any other requi rements to obtain excavation permits or encroachment permits, or hoth. from the director of public works pursuant to thi s code. no wi reless telecommunications facilit y shall be constructed, erceted. insta ll ed. operated. expanded. or maintained in the public right-or-way without the issuance of a valid wi reless telecommunications facilit y encroachment pennit pursuant to this section 12.08.037.

C. E .

, xemptlOlls:

1. Temporary emergency usc. The director of public works or city manager shall hnvc the authority to aPl~rove a temporary use permit for wireless telecommunications facilities needed during an cl11ergency, The temporary use pemli t sha ll contain conditio ns for removal oflhe temporary wireltss telecolllmuni cations !~\ci liti es as soon as possib le aftcr the conclusion of lhe emergency.

2. Wircless telecommunicat ions facilities located enti rely on private property except for one utility line which extends into the public ri gh t-of-way for the so le purpose of supplying power to said facility ,

D. Wireless telecommunications facility encroachment penn its sha ll be issued by the department of publ ic works in a manner consistent wi th applicable law regarding the physica l usc ~l11d occupation oflhe public right-or-way and only to applicants who have mel all the cond itions and requirements of this code and who possess one or more of the following grants or authority to occupy the public right-of-way bv showing proof of same through the following valid and current documcntation:

1. A cert ificate of public convenience and necessity issued by the public utilities commission, which shall expressly slate thc Appl icant's au thori ty to provide the facilit ies-based te lccommunicat ions serv ice that the Applicant proposes to provide through the proposed wireless telecommunications fac ili ty:

2. A state video se rvice franchise issued by the PUC pursuant to Califomia Public Uti li ties Code Section 5885; or

3. A li cense to provide personal wireless service issued by the FCC.

4. A telephone cornoration eneroaciun ent perm it agreement fonn signed by the applicant.

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E. Modi fi cations. IT a permittee proposes any modilications to any wireless telecommunications facility permit aftcr said permit is grnnled, the permi llec shall submit an application 10 the public works dcpa l1menl fo r consideration; provided, however, that the ci ty need not accept and/or p-roeess said application unless and until the perminec (i) demonstrates the existing wireless te lecommunicat ions lilci lity' s compliance with all app licable local requircments; and (ii ) ccrtifies that the existing wireless telecommunications facility complies with all applicable state. and lederal reguirements.

F. Term. Unless otherwise required by Cal ifomia (jovenunent Code sect ion 65964(b), and as that section may be hereafier amended. a wireless telecommunications facility pcmlit sha ll have a durat ion of no longer than ten (10) yea rs. r n accordance with requi remcnts establi shetl by the director of public works. at the expirat ion of the time period set {Drth herein. the pennittee Illay apply for all extension of it s wireless telecommunications J~lcility penni 1 to r a leml of fi ve (5) vem'S with an optional addi tional fi ve (5) year tC1l11. Such ex tensions shall be subicct to the discretion of the director of public works who shall take account of at least the rollowing fac tors: confonnance with a ll conditions of approval of the permit as ir was originall y issued. operation oflile faci lity in its in tended maImer. and conto nnance with all applicable laws, regulations. standards and updates thereof, including radio frequency cmiss ions. and toxic or 1l<IZardous materials. At the expiration of the time period set lorl h hcrein. the permittee may appl y for an extension of its wireless te lecommunications facility pcrmit Jor a tel111 of li ve (5) years wi th an optional addit ional five (5) year term subject to the conditions set fo l1h in th is code.

G. Application. In addi tion to standard application submittal requi re ments for an encroachment permit . the information li sted below is required at the time a wire less comlllunication facility encroachment perm it application is suhmi tted {o the public works department:

1. An accurate map. compatiblc with the City's vers ion orOIS mapping, so ft ware, indicating the proposed site and detailing exist ing, wireless telecommunicat ions facility locations owned and ogerated by the applicant within the City on the date of app lication submittal.

2. An engineering certificat ion demonstrating planned compliance with a ll ex isting federal radio frequency emissions standards.

3. An engineering aIlalys is prov iding lechnical data surticient to just ify the proposed height of the wireless communica tion 1acility.

4. An alternative site analysis, assessing the feas ibil ity of alternati ve sites. including the polential for co- location. in the vicinity of the proposed site, as deemed necessary by the directo r of public works. 1.11 the case of proposed sites that are inside or within 1000 feet of any residential zone, the a ltemative si te analysis sl1311 spec ifically include an evaluation of the availability and feas ibility of potential alternative sites located at preferred locations and within preferred zones. The alternat ive site analysis shall include a map that shows other potential stand alone locations fo r the proposed wireless tclecollUllunications facility that have been explored. and shall describe why t.he proposed locat ion is superior to other po tential locations. Facto rs that must be

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considered in the alternative site analysis includt:: but are not limited to cost, visual benefits and detriments of alternati ve sites. set bach. and proximity to residential zones.

5. An altemativc configurat ion analysis, assess ing the feasibility ofaltcmativc wireless telecommunications facility construction confi gllrations - both at thc proposed site m}(1 in the surrounding vicinity - which would result in a more visually compat ible antcnna(s), as deemed necessary hy the director of public works. Thi s analysis shall include an exp-Ianation of why other wi reless telccommunications Itll.: ility construction configurat ions were not selectcd.

6. A projection of the applicant 's an ticipated future wireless telecommunications facilit y siting needs within the city. which information may be llsed by the c ity as parI of a master planning errort designed to ensure a more planncd. integrated and organized approach to wireless telecommunications 1:lcility siting.

7. An identification of the geographic service area for the subjcc t installat ion, including a lllap showing all of the applicant's existing sites in the local service network assoc iated with the covcrage gap the wireless tclcCollllllunications Hlcility is meant 10 close. and describing how the coveraQ.e gap will be fi ll cd by the proposed installation.

8. An accurate visual impact analysis showing the Illaximum silhouette, vicwshed analysis, color and linish palette and proposed screeni ng for the wirclcss communicat ion 1 ~l cility . The analysis shall include photo simulations and other info1ll1ation as necessary to determine visual impact urlhe wireless telecommunications facility. A map depicting where the photos were taken shall be included. The ana lysis shall include a written description of eHorts to blcnd the wi reless telecommunicat ions fac ility with the surrOlmding area.

9. The hei ght and diameter orlhe facility, togcther with evidence th at dcmonstrates that the proposcd wireless telecommunications facilit y has been designed to the minimum height and diameter reQuired from a technologica l standpoint for the proposed sitc. If the facility will exceed the maximulll penllitted hciuht limit, as mcasured from gradc, a discussion oi"lhe physical constraints (topographical features, etc.) making the additional height necessary shall be provided.

10. Proof that , prior to submittal , the app lican t has mel the requirements of Glendale Water and Power for electric service to the wireless tc leconlll1unications facility.

11. A description of the maintenance and monitoring program for the wi reless telecommunications facility and associated landscaping.

12. Noise and acoustical information derived from the manufacturer's specifications for all equipment stich as air conditioning units and back-up generators. and a depiction of the equipmcnt location in re lat ion to adjoining propcl1ies.

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13. rr required by the d irector of public works, a concept landscape plan will be required showing al l proposed landscaping. concea lment, screening and proposed ilTigation with a di scussion of how the chosen material at maturity will sc reen the site.

14. A writtcn statement orthe applicant's will ingncss to allow othcr ca rriers to co-locate on thc proposed wireless tel eeomillunications I~lcilit y whercvcr technicallv and cconomically feasihlc and aesthctica ll y desirable.

15. A wrillen description of any good faith efforts to co-locate the proposed wire less telecommunications facility on another s ite or building, including, a GIS compatible map oftbe sites and engineering ini()]"Jnation or letters from tbe owners of the si te describing why co-locat ion is not a possibility.

16. A written description of all accessory wireless eq uipment for the wireless telecommunications faci lity. Describe the function of this anci ll ary eq uipment and thc need to loca te same on or ncar the wireless telecommunications facility.

17. Ccrt ifi ed prepaid public notice ma iling labels for all owners o f real property as shown onlhe latest equa li zed assessmcnt roll within a fi ve hundred (SOD) foot radius of the exterior boundaries of thc real propert y that is the subject of the hearing except that if such property is owned by the sam!;: person or cntity, the owners of contiguous real property to that owned by the Hpplicant shall also be inducted. A propel1y ownership map- shall be provided and shall be keyed to the mailing labels. ll'additional mailed notice is required, it shall be the resp-onsibility orlhe applicant to provide certified public noti ce mailing labels for all owners oi"real property as shown on thc latest cqualized HSSeSS11lcnt roll within an area determined hy the director of puhlic works to he directly affected hv the request and 10 provide a properly ownershin map keyed to the mailing labe ls.

18. Proposed maintenance plan for use oj" c ity fire roads by applicant whil e operating the proposed wireless telecommunications facility.

19. All other intonnalion as required by tbe c ity's wireless telccolllmunications faei li ty encroachment pennit supplementa l application foml.

20. Thc director of public works may deve lop ,md Ii·om time-to-time modify an application lonll embodying the minimum requirements specified above, and adding thereto.

H. Community Notificatiun.

I. After an app lication lor a wi reless telecommunications facil ity encroachment penni I has been submitted and deemed complete. and a preliminary location is selcctcd in consul tation with the director of public works. the City shall Rrovidc. at applicant's cost and expense. a 30-dav written notification to all property owners. and any neighborhood associations and/or homeovvncrs' assoc iat ions represen ting parties within 500 feet in any direction of the s ite of tile proposed wire less teleeomillunications facility. to a IL partics who have requested no lice of applications

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for the ins tallation of such facilities, and to such additional persons or parties as the city ma y determine appropriate based lIpon the specific location and character of the proposed wireless telecollllnunications facility. A notification. 3 feet in height and 4 fee t in width. shall be posted at the site where the wireless telecommunications f ~lcility is propost:d for installation. All such notificat ions shall provide a brief descript ion orthe proposed wireless telecommunications facility. CI 1ll"}P indicat ing the Rroposcd installation s ite. intormation descrihing the wi reless telecommunications facility encroachment permit rev iew process. and the name and telep-honc number of a p-erson who will be available during business hours to respond to questions from the public. During, the notification period. interested persons may contact the department of public works to review the proposed location of the facility and express any comments or COllcems related to the app lication.

2. Aller issuance urthe wircless telecommunications hlcility cncroachment pennit and no later than 48 hours prior to insta llation. the city shal l provide. at app li cant ' s co~1 and ex pense. nOliticalion to the persons nnd locations. and in the manner, sp-ecificd ill this section 12.mL037, informing the noti ced patti es of the upcoming installation.

1. ExpCl1 Reviev.l.

I. In the event Ihat the city in its discrclion determines the need to hire an independent. qua li fied consultant to evaluate technical and other aspects of tile application. Ihe applicant shall provide the city wit h wrilLen authorization for the city to do so. Such authorization sha ll include a written agreement by the applieanllo advance or gromplly reimburse the c ity for al l reasonable costs associated with slich consultation. In the alternativc. the city may require the applicant to submit a cash deposit for the estimated cost of such consultation. and 10 repleni sh said deposit if consumed by reasonable costs associated with sllch consultation . Such consultation is intended to be a site-specific review oftcchnieal aspects of tile proposed wireless telecommunications facility and shall address all oi"the following;

2. Compliance with applicable radio frequency em ission standards;

3. Height analysis;

4. Configuration:

5. The appropriateness of granting any requested exceptions;

6. The accuracy and completeness of submiss ions;

7. The applicability o f analysis tcchniqucs and mcthodologies;

8. The validity of conclusions reached; and

h9. Any spec ific teelmicaJ issues designated by the Ci ty.

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J. Fees. In addition to excavation or encroachment permit fees required in sec tion 12.08.045 of this code. cach applicant shall be req uired to pay a wireless communicat ion facility application processing fee covering the city's direct and indirect costs for review of the application. Such fee shall be established by resolution of the city council .

.;hK. Written findings and Conditions. Prio r to issuance or a penni!, the director of public works shall make all orthe following findings :

I. All notiti cation requirements have been met:

2. The proposed use is permitted in the public ri ghi -or-way and complies with all applicable pruvisions of this Ch.mler 12.08:

3. The proposed wireless telecommunications fac ility will nut interfere with thc usc of the public right -or-way and existing. improvements and utilities thereon:

4. The proposed wireless telecommunications facili ty will not physically or vislICilly interfere with vehicular, bicycle. and/or pedestrian use of streets, intersections. bicycle lanes, drivewavs. sidewalks. and/or walkways:

S. The proposed wireless telecommunications fac ililYJ!nd its location will comp1x with the Americans With Disabilities Act:

6. To the maximum extent reasonably feas ible. the proposed wireless telecommunications faci li ty has been designed to blend with the surround ing area and Ihe fac ili ty is appropriately designed for the specilic site;

7. If the proposed '\lireless tcleconul1unications facility will not be installed in at a preferred location. that insta llation at a pre lerred location is not reasonably fcasiblt:.

8. If the proposed wireless telecommunications fac ility will be a high visibility wireless tcleconmlUnieations facility. that a low visibility design for the Qfoposcd wireless tcleeonmlUnications facility is not reasonably reasible.

L. Conditions of Approval. The Director shall impose slich further conditions of approval u1'lbe wi reless telecommunications fac ili ty encroachment permit as are necessary to minimize environmental. aesthetic. and public safety impacts. which conditions include, but are not limited to. requirements that:

1. The permittee shall provide annua l cCI1ificat ions in accordance with Sections 12.08.037(U)( I) and 12.08.055.

2. The permi ttee shall subm it as-bui lt drawings COllfilllling that the wireless telecommunications faci lity has been constructed in substantial compliance with the visua l impact ana lysis required by Section 12.08.037(G)(8):

3. The permittee shall not use. generale. store or di spose of any hazardous materials on. under. abou t or within the public ri ght-of-way in violation of any law or regu lation.

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M. Reconsideration. The director of public works may require a reconsideration of tile permit. by the origina l approva l authorit y. at the end ofa specified lime period from the date of Ihc original approval, wh ich reconsideration shall take account of at least the following factors: conlonl1allce wi th all cond itions of approval. opcration of the facili ty in its intcnded manner. and COnl0l111allee with all app licable laws, rcgulations, standards and updates thcrcof: including radio frequency emissions, toxic or hazardous mate ri als.

N. Notice of Determination.

J. Notice of tile director of public works' detenuinationto grant an application for a wirelcss telecommunications facility encroachmcnt permit shall he sent at the time and in the manncr specified in Section 12.0R.037CH}(2l.

2. If the application is denied, the director of public works shall issue a written denial to the applicant containing an explanation of reason's) for such denial c iting to substantial cvidence contained in the ,>,'rillen administrative record.

403.At the end of construction. use of the wireless telecommunications facility shalt not conunencc unless and llntillile director of public works has signed olT on the us-built work as being, compliant witl} <l 111 .. \\,s. ordinances, regulations, requirements and conditions of the wireless telecommunications lilcility encroachment pcmlit.

o. Wireless Telecommunications Facilities Development Standards.

1. Permittee shall insta ll and maintain pellllitled wireless telecommunications facilities in compliance with the requirements oflhc Unifonll Building Code. Nat ional Electrical Code. City noise standards and other applicab le codcs. as well as other restrictions specified in thi s code.

2. Visual Impact Min.imization and Screening Standards. All wireless telecolllmunications facilities sha ll employ and nUlintain camouOage design techniques to minimize visual impacts and provide nppropriate screening. Such tcchniques shall be employed to make the insta ll ation. operation and appearance of the facility as visually inconspicuous as possible. to prevenlthe t:1cility from visua ll y dominating the surrounding area, and to hide the insta llation from predominant vicws from surrounding propel1ics. Dcpending on thc proposed sitc and surroundings. certain camoufla~e design techniques may be deemed by the city as incffective or inappropriate and a lternative teclmiques may be requircd. The fo llowing is a menu of potential camouflage design tecJUliques that should bc considered based on diITerent installation situations.

a. For Structure Mountcd Installations cxcluding monopole installations:

I. All antcnna panels and acccssory wireless eq uipment components mounted on the exterior of tile structure shall be painted or othelwise coated to match thc predominant color orthc mounting structure.

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II . When required by the directo r o f public works. antenna panels shall be located and arranged on the structure so as to replicate the installation and appearance of' the equipment already mounted to the struenl re.

Ill. Wireless telecommunications facility installat ions located above the surrace grade in tht: public right-of-way including. hut not limited to those on certain streetlights. or traflic signal standards. shall consist of small equipment components that arc eOffip-atible in scale and propo l1ion to the streetlights and {ramc signals they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with lighting and signal equipment fmd sha ll be subject to the issuance ofa license or other special fOlm or written authorization by the city. Underground vau lt s shall cmploy flush-to-grade access portals and vents. Installations 011 streetl ights and other public tllc itilies shall be subjcc tto applicable administrative and rcntal fees as adopted by resolution orlhe city council.

b. roj' monopole insta llat ions:

l. Monopole installations sha11 be situated so as to utilize existing natural or man-made features including topography. vegetation , buildings. or other structures to provide the greatest amount or visual screening.

II . A11 anten na components and accessory wi reless equipment shall bc treated with ex terior coatings ora color and text ure to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and non- reflective material s that blend wi th surrounding materials and colors simi I be used.

Ill. In those circumstances where an installation is within or easi ly visible from a zone that is not a preferred location. the director of public works may require additional measures des igned to camoul1age a wireless telecommunications 1~l ci t it y. including but not limited to enclosing lhe monopole enti rely within a vertical screening structure (suitable architectural feature such as a clock towc r. bell tower, icon sign. li ghthouse. windmi ll , etc.) may be required through the p-ennit process. All facility components. including the antennas. shall be mounted inside said structure.

IV. Thc camoufl age design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or wi ll disguise the facility so it appears to be a decorative or attractive ~lrchiteclural feature. I r camouflage design tech niques for monopoles do not substantially hide or prevent direct viewing of the facility. then the permit may be denied.

c. For Miscellaneous Installations:

i. A monorock and or monoshrub installation will he considered properly screened provided that it is located in a setting that is compatible with the proposed screening method. For a Illonoshrub. other vegetation comparable to that replicated in the proposed screen shall be prevalent in the immed iate vicinity o r the wireless telecommunications facility si te and the addit ion of new comparable living vegetat ion may be necessary to enhance the monoshl'ub screen. For a Illonorock, the proposed screen sha ll match in scale and color other

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rock outcroppin!!s in the general vicinity of the proposed site. 1\ monorock screen ma y not be c.:onsidered appropriate in areas that do not have natural rock outcroppings.

ii. Antennas co~loeated on an ap~roved or ex isting wireless telecommunications fac ili ty shall usc serccnin !.! methods and be mounted in the same manner with the same camouflage des ign techniqut!s as the appro ved or existing wireless tcl ecol1ullunicat ions fac il it y.

III. Temporary antelUla installations may in the discretion of lhc di rector of public works require screening to reduce visua l impacts depending on the duration o r the permit and the setting of the proposed site.

d. For Accessory Wireless J"o:quip ment. No accessory wi reless eauiol11ent assoc iated with the operatiol l o f any wireless telecomm unications fac ilit ies shall impair pedestrian lise of sidewalks o r other pedcstri <ll1 pathways. nor inhibit eq uestrian activities 011 designated public or private tra il systems. accessory wireless equipment shall be screened from the sidewalk by landscaping. undergrounding or o lher means. The following is menu of potential screenin g, teciUligues that should be utilized based on the type of insta llat ion:

i. Accessory wireless equipment [or freestand ing wireless tel ecommunications rnciliti es. not mounted 011 a build ing, shnll be placed in a ll undenrl"Ound vault if reasonably feasible. Where plac ing such wireless telecommunicat ions facili ties in an underground vault is 110t reasonably feasible. such wireless tel eeo llllllunications fac il ities shall cOlllplv wi th Public Ut il iti es Commission General Order 95/ 128 and shall be visually screened through the lise of walls. landscaping. or wa ll s combined with landscHpi ng. All wall and landscaping materials shall be selected so that the resulting screening will be v isua ll y integrated with the architecture and landscape architecture o f thc surroundings.

ii. All accessory wireless equipment shall be placed and mounted in the least visually obtrusive feasible location.

iii . All accessory wireless equipment shall be painted or tex tured using co lors to match or blend with the primary background. All equ ipment cabinets visible to the public shall be treated with 11 grafTiti-resistant coat ing.

3. Setbacks. Wireless telecommunicat ions facility ri gh t~of.way setbacks of all wireless telecommunicat ions [acili ties sha ll be equal to the same numncr of feet as those set [011h in the development standards and setback requi rements of the underl ying zoning district, except as othclwise pe1111iued here in . For the purposes of this section 12.08.037, the ternl "except as otherwise pemlitted herein" means: temporary emergency fac il ities. faciliti es on private property where a sing le utility line runs from the r i ght~or-way, existing faciliti es. co- located facil ities. and lacilities where compliance with said setback requirements are not reasonab ly 1easible as detemuncd by an analysis ofaltemativc si tes and the need 10 close a s ign ilicant gap in coverage.

4:- 4. Co~locat i on . All antenna supp011s over lorty (40) feet in height shall allow for co-location by other future or concurrent applicants for the installation of wire less tclecommulueations facilities. The applicant shall demonstrate that the design of the antenna support and the placement of ground~mounted wireless telcconullUlucations fac ilities will

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accommodate one or more other wireless telel:ommllnications fac ilities. Thc owner of the antenna support shall certify that the antenna support is availab le (or usc by another future or concurrent 3Qf1licant for the installation of wireless telecommunications facili ties on a commercially reasonable and non-discriminatory basis.

5. Lighting. Any e;\terior li ghting for wi reless telecommunicat ions filcilities shall bc full y shielded.

6. Idcnt ification. Each wireless telecommunications facilitv shall be identified by i.l pennanently installed plaque or marker. no larger than fOllf (4) inches hy six (6) inches. elearl y identifying thc addresses. cmail contact information, and 24-hour local or toll- free contact telephone numbers [or a li ve contact person for both the permittee and the agcnt responsible Jor the maintenance of the wireless teleconulluniCalions faci li ty. Emergency contact inf0l1l1alion shall be included fo r imlllediate response. Such infonnation shall be updated in Ihe event ofa change in the pcnnittee, the agent responsible for maintennnce o f the wireless telecommunications facilit y. or both.

7. Maintenance.

a. All graffiti on any components of the wireless telecommunications facilit y shall be removed promptly in accordance with Citv regulations. Graffiti on any fac ili ty in the public ri ght of way must be removed within 48 hours oCnotificat ion.

b. Alllanciseapin!!. allendant to the wireless telecommunications facilit y shall be maintained at all times and shall be promptl y replaced iJ'not successful.

c. If a fl agpo le is lIsed for camouflaging a wireless telecommunications facility, flags shall bc fl own and sha ll be propcrl y mainta ined at a ll times. The lISC orflle United States nag is subjcct to the provisions orillc United Stales Flag Code, 4 U,S,c. § 6 el seq.

d. All wireless telecommunications facility sites shall be kept clean and free of litter.

e. All cquinment cabinets shall di splay a legible sign elcarl y identifying the addresses, email contact informati on. and 24-hour loca l or toll -free contact telephone numhcrs lor both the pennittee and the agent responsible for the maintenance or tile wi reless telecommunications facility. Such infonnation shall be updated in the event of a change in the pcnnittee. the agent responsible for maintcnance of the wireless telecommunications facilit y. or bo th.

8. Permittee and thc wireless telecommunications Caci lity sha ll adhere to and comply with all app licab le requircments of federal . slate and loca l laws. ordinances rul es and regulations.

P. Appeals. Thc appeal procedure 101' a wireless telecommunications H1Cility encroachment perm it shall be ill accordance with the requirements of this secti on 12.08.037.

J. Appeals or detenninations by the director of public works.

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(I. A determination by the director of public works to grant or den" an !!p-plicatioll for a wi reless telecommunications ti.tcilitv encroachment permit may be appealcd by one or buth urthe following:

i. An ap-plic(lnt 1'01' a wi reless telecommunications file ility encroachment permit may protest the director of'public works' dete rmination to deny an application or to grant an anpl ication with conditions that are not acceptable to the app li cant.

ii . Any aggrieved member oftbe public may appeal the director of public works' detenllination to grant or deny an app licat ion.

b. Proccdure for Appeals. The di rector of publ ic works shall implement a procedure fo r 1iling. presenting, and submil'ling appeals to the build ing and fire board of appcnls consistent with applicable law and the rcquirements oflhis Section 12.08.037.

i. An appeal or the director ofpuhlic works' determination with respect to a wireless telecommunications fadlilY encroachment pennit must be tiled with the depat11ll~nt of public works within fifteen (IS) days f rom the date of the director of public works' notification of its determinat ion. The bui Iding and fire board of app-cals shal l not decidc any appeal that is not fi led within said time limit required herei n.

ii . The building and fire IlOmel of appeals shall hold a public hearing on <In appeal anti shall make its determination based on the ev idence submitted at sa id public hearing and on the wri tten record provided to the building and li re board of appeals by thc department of}:!ublic works.

iii. In determining an appeal of the director of public works' determination, the bui lding and fire board of ~lppea l s shall consider only whethcr the dep<lrtmenl of public works properly anp lied lhe reguirements established under this Sect ion 12.08.037. "l1le building and fire board of appeals shall have no authority relative to interoretatiol1 orthe administrative provisions orth is code nor shall the board be cmpowered to waive the requircments oJ'lhi s code.

iv. The building, and fire board of appeals' decision shall be in writing and sha ll set forth the reasons for the decision. citing to substantial evidence in the administrative rccord that supports the detennination on appeal.

2. Any person aggrieved by the dec ision of the build ing and lire board of appea ls to grant. deny, suspend or revoke a wireless telecommunications fac ili ty encroachment permit may appeal said decision to the counci l within the time and in the manner provided in Chapter 2.88 of this code.

O. Nonconforming Facilities . Any wireless telecommunications facility tha t is lawfully constructed, erected. or approved prior to J LJJ1e 12, 20 lOin compliance with all app licable laws. and which facility does not COnf0l111 to the requi rcments of this s(..'Ct ion 12.08.037 shall be accepted and allowed as a legalnonconfonning facility. Legal nonconfonning facilities sball comply at all times with the laws, ordinances. and regulations in eiTcct at the time the application was deemed' complete. and any applicable federal and state laws as they may be amended or

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enacted, and shall at 1.111 times comply with any condi tions of approval. Any le!!.alnonconfonlling wireless telecommunications facility that fa il s to comp-Iy with applicable laws. ordinances. ~ulations, or the cond itions of approval; increases or expands the use of lhe wireless telecommunications fac il ily; or ceases use of the wireless telecommunications facjljty for more than ninety (90) days sha ll becomf! an ill f!!!tl l nonconforming wireless telecommunications facil ity and slmll be subject revocation of its wire less tel ecommunications faci I it)' encroachment permit as set t<"H1h inlhis Section 12.08.037.

R. V iolations. Vio lations of any conditions in thi s section 12.08.037 sha ll be subject to enfo rcement. Failu re to comply with any condition of approval or standards in th is sect ion 12.08.037 shall constitute grounds for revocation of the permit , subject fi rst to written noti ce and an oPP0l1lHlity to cure. T he director of public works reserves thc ri ght to tenninate a wireless telecommunications [acil it )' permit al a ny lime upon ninety (90) days writlen notice of sa id tell11ination in the cvent he or she determines the wireless telecommunications facility creates a public nuisancc or otherwise causes jeopa rd y to the public health, wei rare or safety, and ailer written notice and opportunity to cure. In the event of tenmnation pursuant to this section 12.08.037 and, if requested in wtiting by the direc tor of public works, pc rmiuee shall remove its wi re less telccommllnications facility at its own expc.::l1se and shall repa ir and restorc al l propcrty al'lected by the placement , maintenance, and removi:l l orllle wireless telecommunications faci lity to a condition satisfactory to the director of public works.

S. AbandolUllent Or Discont inuat ion OrUse,

I . A ll pernlittees or operators who intend to abandon, di scontinue. andlor terminate the use or any wireless telecommunic:1t ions facil ity shall notify the City of such intentions no less than sixty (60) days prior to the fina l day of USl!. Said notification shall be in writing, shall specify the date of tel'lninat ion and sha ll include reference to the applicable wire less telecommunications t~lci lities encroachment pennit number.

2. All wirelcss telecommu nications facilities not in use for ni nety (90) days shall be considered abandoned.

3. All wireless telecommunications faci lities where operations have been abandoned. discontinued andlor tenn imlted shall be physica ll y removed no more than ninety (90) days following the fina l day of usc or of determinat ion that the taci lit v has been abandoned. discontinued andlor terminated whichever occurs firs t. By that same time. at permittee's sole expense and responsibility. all component elements of an abandoned. di scontinued andlor terminated wire less telecommunications facilities Shll il be removed in accordance with applicab le health and safely requi rements. The site upon which the wi reless teleconullunications facility is located shall be restored to the condition thaI ex is ted prior to the insta llat ion orlhe wireless telecommunications facility , or as required by the di rector of pub li c works.

4. At any time after ninety (90) days 1() lI owing the abandonment . discontinuation, andlor lemlination of the use andlor operation of a wi reless telecommunications facilil y. the director of public works may remove the wireless te lecommunications facilit y, rep-air any ~nd all damage to the premises caused by such removal. and otherwise restore the

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premises as he/she deems appropriate" The Cit y may. but sha ll not be requ ired to . store the removed wireless telecommunica tions faci li ty (or any p3i1thercoO. The permittee of the wire less telecommunications facility. and all prior owners and operators of the wire less tcieeol1U11unications facility. shall be iointly and severally liable 1'01' the entire cost of sllch removal. repair. restoration, and storage, and shall remit payment to the City promptly <lner demand therefor is made. The City may. in liell of storing the removed wireless telecommunications facility, convert itlo Ihe City's lISC. se ll il . or <lisp-ose of it in any manner deemcd appropriate by the Ci ty.

T. Relocat ion. Pcnnittee shall modify, remove, or re loeatc its wi re less te lecollllllunications facility, or portion thereof, without cost or expense to city, if and when made neccssary by any abandolUllcnt. change of grade, aligrll1ent or width or any st reet , sidewalk or other public facilit y. includin g the construction. maintenance. or opcration of any other city underground or aboveground facilities induding but not li mited to sewers, storm drains, condui t~ , !las, water, electric or other utilit y systems. or pipes owned by city or any othcr public agency. Said modification. removal. or relocat ion of a wi reless telecommunicat ions facility shall be completed within ninety (90) days o r noti fication by ci ty unless exigcncies dictate a shorter period For rcmoval or relocation. In the event a wireless telecommunications fac ili ty is not modified. removed. or relocated within said p-eriod o flimc. city may calise the same to be done at the sole expense ofpcnni llee. Further. in the event ohm emcrgency, the city Illay modify. remove. or relocate wireless telecommunications facilities without prior notice to permittee provided pennince is notified within a reasonable p-eriod thcreal1er.

U. Safety and Monitoring Standards.

I. AI alltimcs. permittee shall ensure that its \vireless telecommunications fac ilities shall comply with the most ClllTen t regulatory and operat ional standards including but not limited to radio Ji"equency emissions standards adopted by the FCC and antenna hcight standards adopted bv thc Fedcral Aviat ion Administration. The Permittee sha ll obtain and maintain the most currcnt in t'ormation ll"om thc FCC regarding allowable radio ji"equency emissions and all other app licable regulations and standards and, at the f'oll owing indicated times, shall fil e a report with the director of pub lie works indicflting whether permittee is in compliance with such standards, advising the director of public works of any regulatory changes that reQuire modifications to the wireless teleconunullications facilities, and advising the director of publ ic works of the measures taken by the penninec to comply \-vi th sllch rcgulatory chall!!es as follows: ( I) prior to the commencement of the insta ll ation of the wireless telecollllllunications faci lity. (2) every year. on the anniversary orthe submittal of the initial compliance report. and (3) up-on any proposed increase of at least ten percent (10%) in the e lTecti ve radiated power or any proposed ebange in frequency use. Both the initial and update cCI1ifications shall be subject to revicw and app-roval by the City. At the di rector of public works' sole discretion. (l qualified indeQendent RF engineer. selected by and under contract to the City, nmy be retained to review said certifi cations for compli <lnce with FCC regulations. All costs associated with the City's review of these eertiJi cat ions shall be the responsibili ty of the pennittee, which shall promglly reimburse City for thc cost or the review.

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2. Public access to a wireless telecommunications facilities sha ll be restricted. Security measures shall include fencing. screelling. and security signage. as deemed appropriate by the director of public works.

3. Safety lighting or colors, if Rrescribed by the director of publi c works or other approv ing agency including but not limi ted to the federal Aviation Administration may be required fo r antcnna SUppOlt structures. Sa fetv lights shall be ora type that minimizes downward illumination.

V. Supervision and Repair.

I. All work and entry upon , over, linder, or along the publ ic right-Dr-way performed in connection with the installation, maintenance, and/or removal ora wireless telecommunications facilit y shall be conducted under the supcrv ision ur the director of public works. shall be perfonued in a good and skillful man ncr, and shall comply with a ll appli cable city rules, rcgulations and standards.

2. Pcnn ittee agrees to repa ir. at its sole cost and expense. any damage (includ ing. but not limited to subsidence. cracking, erosion, collapse, weakelung. or loss of latera l support) to ci ty st reets, sidewalks. walks. curbs. gutters. trees. parkways, or utility lines and systems. underground utility line and systems, or sewcr systems and sewer lines Ihnt resu lt from any activit ies performed in connection with the installation and/or maintenance ora wireless telecommunications facil ity f()r which pennillcc obtained and/or holds a wireless telecommunications facil ity cncroaclmlent penn it. In the event Pel1l1inee fa ils to complete sa id repair within the number of days stated on a written no ti ce by the directo r of public works, the director orpuhlic works shall cause said repa ir to he completed and shall invoice the pemlitlee fo r all costs incuned by city as a resull o r such repClir.

W. Termination.

1. The city reserves the ri ght to I.enn inale a wireless telecommunications facili ty encroachment pemul at any time upon ninety (90) clays written notice of said tennination in the event it detenn ines thl! wi reless telecommunications facility creates a pub lic nuisance or otherwise causes jeopardY to the publ ic henl th . welfare or sa le ty. and aner written notice and opportunity to cure.

2. In the evcnt of termination pursuant to this Section 12.08.037 and , ifregues ted in wri ting by the director of public works. pcrmi llee shall remove its wireless telecommunications facil in' at its own expense and shall repair and restore all city right-of-way property affected by the placement, mai ntenance. and removal of the wireless telecommunicat ions tacili ty to a condition sat isfactory to the director of public works.

3. No wireless te lecommunications [ac ili ty encroachment pennit appli cat ion which has becn denied in whole or in parI shall be filed again within six months [rom the date of such denial except upon proof of changed conditions or by permission of the director {If public works.

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X. Notification or change of ownership or operato r. Permittee shal l not ass ign or transfer any in terest in its wireless telecommunicat ions facili ty encroachment penni! wi thout the prior written consent of the ci!y.

SECTION 6. Scction 12.08.040 of the Glendale Municipal Code, 1995, regarding applications for excavation permits, is hereby amended to read as foll ows:

12.08.040 Excavation permit-Application.

A. No person sha ll make, cause or pelmit to be made, any excavation or construct ion, in, along or under the surface of any public right-o r-way for the installation, repair or removal of any facility or for any other purpose without first obtaining from the director 01" public works a wrillen pCJmit to make such excavations or construction. All requirements lor obtaining a permit pursuant to this chapler arc in addition to any other applicable local , slate, or federal law and regulation.

D. Unless otherwisc dctermined by the director of public works, no excavat ion pennit slmll be issued unlillhe appl icant has deposited al1 appl icablc fees and submittcd a complete application to the di rector of public works containing true and correct infonnation, including but not be Limited to, the following information :

I. The name and residence or business address o f the person(s) or entity making such application, the estimated duration of the excavation and restoration work in the public ri ght~of-way, a detailed statement of the location and area o f each proposed cxcavation and the purpose fo r which the excavation is to be made and lIsed~

2. Engineering plans, specifications and a network map of the fac ili ty or fac ili ties to be located in thc pub lic right-or-way, including a site map in an electronic format or other fonn acceptable to the director of public wo rks;

3. System location data which details and documents all of the gcographic locations of any public utility facility or facilities located in the public right-oF-way;

4. A plat, in duplicate, showing the location or each proposed excavation, the dimensions thereof and such other detail s as the di rector of public works may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for the locat ion of trouble or leaks in conduits or pipcs or fo r the making of repairs thereto, or when the purpose for making the excavation is the installation of a service cOlmection or the inspection or rcpair of an existing installation provided sllch excavations are located in strict conformance with the locations sufficicntly described in the application. When the presentation of a plat is not required for thc reasons stipulated above, prior to notification by underground service alert to utilities to field mark the location of their respecti ve underground facili ties, the applicant shall premark the excavation location at tbe site in accordance with state law.

5. The type and location of a ll ex isting and proposed overhead facil ities and underground public utility facilities in the public right-of-way along the proposed route. The director of public works may require photographs or arti st's renderings of all aboveground visible

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equipment, a detail ed description orthe equipment wi thin the aboveground installation including any elcctronic components, natural gas generators, electrical fans, anticipated noise levels during winter and sununer months, emergency backup operations, and the proposed maintenance schedule fo r sllch aboveground facilities;

6. The specific tree, structure, improvcmcnt, facility and obstmction, if any, the applicant proposes to temporarily or pelmanently remove or relocate;

7. When required by the d irector of public works, a copy of a duly authorized franchise; easement deed; license; right of entry; PUC certificate of public convenience and necessity, FCC licensc; documentation of environmenta l approval pursuant to the California Environmental Quality Act (California Public Resources Code, Sections 2 1000, et seq.), including but not limited to, a negative declaration or mitigated negati ve declaration issued by an appropriate state or local agency; or other legal instrument that authorizes the app li cant or owner 10 usc or occupy the public right-of-way for the purpose described in the application. Where the applicant is not the owner of the facility or facilities to be installed, maintained, or repaired, the app licant must demonstrate in a form and manner specified by thc director of pub li e wo rks that the applicant is authorized to act on behalf of the owner and show legal authority to occupy and use for the purpose mentioned in the appli cation, the publie right-of-way whcrein the excavation is intended;

8. Such bonds or cash deposit as shall be requi red in amounts and under tcnns as specified by the city attorney or ri sk manager as set forth in Sect ion 12.08.050 of this chapter;

9. Such proof of insurance as shall be required in amounts and under terms as specified by the city attorney or risk manager as set fOl1h in Section 12.08.055 of this chapter;

10. When requ ired by the city engineer, a statement of the proposed backfill material and backfi lling method to bc used; and

II. When required by the eity engineer, a written acknowledgment that all materia l to be used in the excavation, instal lation, maintenance, or repair of facilities, and restoration of the public right-of-way will be accessible and ready for usc so as nollo delay the excavation and the prompt restoration of the public right-of-way.

12. Such additional information as required for wireless telecommunications fi.lc ilities as sct forth in Section 12.08.037 of thi s code.

C. If the excavation or construction is not commenced within sixty (60) days from the dale of issuance of such permit. the pennit shall expire unless. at or plioI' to the time of expiration. the time period for commencing the excava tion or construct ion is extended by the director orpublie works in hi s or her sole discretion. Any ex tension granted by the director af public works may be sub iect to additional fees and requi rements.

D. All equipment installed in the public right-of-way. except antennas, antelma support s. and meter pedestals shall be placed underground with flush-ta-grade access hatches and air flow vents. i r reasonably reasible.

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SECTlON 7. Section 12.08.045 of the Glendale Municipal Code, 1995, regarding excavation or encroachment permit fees, is hereby amended to read as follows:

J 2.08.045 Excavation or encroachment permit-Fees. The amount or rate of any encroachment or excavation permit or other fee referenced in this chapter 12.08 shall be established or modified by resolution o[the council. The schedule for such fees shall remain on file and available in the office of the director of public works. The director of public works shall , with the approval of the city manager, recommend revisions to the City Council when change in the cost to provide pemlit services makes revision appropriate.

A. Application Fee. Each applicant shall pay a nomefundable application fce for an excavation or encroaclunent permit.

ll . Extension Application Fcc. Each applicant shall pay a nonrefundable fee for the cost of processing an ex tension applicat ion. If the director of public works grants a penn it cxtension, the app licant Illay pay an additional fee 10 cover the cost of additional review and administration.

C. Pcnalty Fee. Exccpt in case of an emergency excavation pursuant to Section 12.08.080 of this chapte r, the fee for an excavation applicat ion aller the excavation has been cOimneneed shall be three (3) times the estab li shed app lication fee.

D. Each app licant for a wireless tcleeol1ul1unical ions fac il ity shall pay such additional fees as required by section 12.08.0:n of this code.

E. Whenevcr a permi t is issued to a city department, the appropriate account of the department receiving such perm it shall be charged in accordance with the schedu le cstablished in this chapter.

F. In the event that the administration of this chapter, such as any inspect ion, review, processing and other directly related costs, excccd the application fee or are unusually costly to cit y, the director of public works will invoice the applicant for any exccss amounts incurred on a time and materials basis. These additional charges may be deducted from the cash deposit submitted pursuant to Section 12.08.050 or this chapter.

SECTION 8. Section 12.08.055 of lhe Glenda le Municipal Code, 1995, regard ing liability. indemnification and insurance for excavation and encroachment permits, is hereby amended to read as follows:

12.08.055 Encroachment and excavation permits--Liability, indemnification and insurance.

A. Liability upon permittee. Each permittee is wholly responsi ble for the encroachment or the quality of the excavat ion performed in the public right-or-way and both the permittee and its agents are joinlly and severall y liable [or all consequences of any condition arising out of such excavation, construction, encroachment or facili ty installed in the public right-ofMway. The issuance or any encroachment or excavat ion permit, or the inspection, repai r, approval, or acquiescence of any person affi li ated with the city shall nol excuse any excavator from such responsibili ty or li ability.

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n. Indemnificat ion. As a condition of issuance of an encroachment or excavation permit, the permittee shall indemnify, defend and hold hannlcss, to the maximum extent pcrmitted by law, the c ity and its officers, agents, employees and representatives, [rom and against any and all liabili ty, suits, actions, proceedings, judgments, c laims, losses, liens, damages, injuries (whether in contract or in tOl1, including pcrsonal injury, accidenta l death or property damage, and regardless of whether the allegations arc fa lse, fraudulent or groundless), costs and expenses (including attomey's fees, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or arc connected with, or which are alleged to have arisen out of or to havc been connected with, the permittee's use, operation , and activity under its pemnt (including performance by its agents, employees, subcontractors or by anyone pelmittee direct ly or indirectly employs, or by anyone whose acts any of them may be liable). Such indemnification includes without limitation any actual , all eged, or threatened discharge, di spersal, seepage, migration , release or escape, of any hazardous materi al or pollutant caused 01' allowed by pemlittcc in , on, under, or about the excavation, construction, or encroachment site subject to the permit.

-he. Delense. City may. in its sole and absol ute discretion. select counsel of its choosing to defend against any asscI1ed liabilitv. suit, action, procccding. judgment. claim. loss, lien. damage, injury. cost 0 1' expense which is the sub jcct or the indemni fi cation ohligations set forth in this Section 12.08.055. Qenllittee shall be rcquired to full y reimburse Ci ty for the legal fees and all related litiga tion and expelt costs of such defense.

D. Insurance.

_I._Each permittee sball obtain , pay for, and maintain, in full force and elIect throughout the teml ofthc pcnnit, an insurance policy or policies that fully protects the city from claims and sui ts for bod ily injury and property damage. The insurance must be issued by an insurance company satisfactory to the city attomey or risk manager, and must be in the amount or amounts which the ci ty attorney or risk manager detennines. The insurance must alTOl'd coverage for the permi ttee'S use, operation and activity, vehicles, equipment, facility. representat ives, agents and cmployees, as fo llows:

a. Workers' compensation ~

b. Conuncrcial general liab ili ty insurance with separate per occurrence lim its fo r bod il y injury and property damage, and including coverage for contractual liabi li ty; personal injury; explosion, collapse and underground; products; and completed operations;

c. Business automobile liability insurance with separate per occurrence limits for bodily injury and propcrty damage, including rented, leased, hired, schcduled, owned, and non-owned auto coverage, as applicab le, or in a combined single limit in an amount delennined by the city attorney or ri sk manager~

d. Contractors' pollution liability insurance with li mits applied per occurrence [or bodily injury and property damage and any deductible not to exceed an amount as detemlined by the risk manager or city attorney.

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___ 2. The policy or policies must:

a. Include a signed endorsement naming the city and its officers, agents, employees and representatives, and employees as additional insureds;

b. Provide that the pennittee's insurance is primary;

C. State that no other insurance available to the ci ty w ill be call ed on to contribute to a loss covered under the policy;

d. Provide the permittee's insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or sliit is brought; and

c. Provide at least thirty (30) days advance wriuen notice of cancel lation (other than for nonpayment of premium), tennination or reduction of coverage.

The po li cy or policies must aITord full coverage lor a claim or a suit which occurred or arose, or is all eged to have occurred or have arisen, in whole or in part, out of an act, error, omiss ion, inju ry, or damage by the pemlittee.

The insurance under thi s chapter in no way relieves or decreases the permittee's or ils agent's obligation to indemnify and defend the city under this chapter.

Before issuance ofa permit, the permittee shall furnish the city, or have a tile with the city engineer, certifi cates of insurance and endorsements, in the form sati slactory to the city attomey or the risk manager, evidencing all of the coverages above. Upon the city's request, a pClmittee shall promptly furnish a complete copy ofthe policy or policies, including the declaration pages and endorsements.

Where a pernlittee is self-insured, the pelIDittee meets the requirements of subsection DG of this section 12.08.055 if, in the opi nion of the city attomey or ri sk manager, such se lf- insurance is 110

less broad in coverage and in amounts and affords no less protection to the city as required by tllis section . Permittee shall meet the requirements of this Section 12.08.055 in the event said self-insurance telminates or is suspended for any reason.

SECTION 9. Section 12.08.190 orthe Glendale Municipal Code, 1995, regarding required distribution system maps, is hereby amended to read as fo llows:

12.08.190 Distribution system maps re()uired.

A. Unless otherwise prohibited by state or federal law, ilt is made the duty of every person, finn or corporation owning, using, contro lling or hav ing an interest in pipes, poles, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other place, for suppl ying or conveying gas, electri city, telephone_ cable. wirel ess telecommunications, water, steam, ammonia or o il in, to or from the city or to or from its inhabitants, or for any other purpose, to fil e in the offi ce of the eity engineer a map or set of maps, each drawn to a scale of not less than. two hundred feet to one inch, which map or set of maps shall show in detail the

25 Apri16,2010 J:fikdldoe1l1cs1ordlwi rcless antelllla ordlwircless antenna ord FrNA L (wilh diagrams) 040610 willI Planlling Addiliolls • 3

cxact location, size, description and date of installation, if kno wn, of all mains, laterals, sClv ices and selVice pipes. and of a ll valves, pressure regulators, drips, manholes, handholes, transfonners. chambers or other appliances insta lled beneath the surface o[the public streets, alleys, sidewalks or other public places in the c ity belonging to, used by or under thc contro l of such person or in which sllch person has interest. It shall also be the duty of every person to file , within thirty days after the first day of January of each and every year, in thc office ofihe city engineer, a corrected map or set of maps, each drawn to a sca le of not less than two hundred fee t to one inch, showing 111C complete insta ll ation of all such pipes and other appliances, including a ll install at ions made during the previous year to and including the last day of such year. Each such map shaH be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or by a member of such finn, or by the president or secretary of such corporation, to the effect that the same correctl y exhibits the details required by thi s chapter to be shown thereon.

13. Whenever any pipe, conduit, duct, tunnel, wire less te lecommunications faci lity vau lt or equipment cabinet, or othcr stmeture located under the surface of any public street, all ey or other public place, or the use thereof is abandoned, the pcrson, finn or corporation owning, usi ng, controlling or having an interest therein, shall with in thi rty (30) days aner such abandonment, file in thc office of the eity engineer, a statement in wri ting giv ing in detai l the location urthe pipe, conduit, duct, tunne l or other structu re so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in dcta il the location of all such pipes, condui ts, ducts, turmels or other stmctures abandoned subscquent to thc filing of the last preceding map or set of maps.

c. No person shall fa il , refuse or neglect to file any map or set of maps at the timc and in all respects as required by thi s section.

SECTION 10. Section 12.08.240 of the Glendale Municipal Code, 1995, regarding violations of encroachment or excavat ion pennits, is hereby amended to read as follows:

12.08.240 Stop work order··Permit modification, termination and revoclltion--Appeals.

A. Wben thc director of publ ic works has determined that a person has vio lated any of the terms of thi s chapter 12.08 or that an encroachment, excavation or constmction poses a hazardous situation const itutes a public nuisance, public emergency, or threat to the public health , safety or welfare, or when a paramount public purpose ex ists, the director of public works is authori zed to issue a stop work order, to impose new conditions upon a pcnni t, or to suspcnd, tenninate, or revoke a pemlit by notifying the permittee of such action in a wri tten, electronic, or facsimile communication .

B. Except as provided in section 12.08.037 for wircless telecommunications facilitv encroachmen t pe1111i ts. aAny person aggrieved by the decision of the director of public works to grant, deny, suspend or revoke an excavation or encroachment permit, may appea l the decision of the director of public works to the council within the timc and the manncr provided in Chaptcr 2.88 of thi s code.

26 Apri l 6, 2010 J:filcdld()CfileslOfdlwirclc.~s antenna onllwin;:lcss antenna ord FINAL (with diagrams) 040(,10 wilh I'liIllIIing Addit;on~· 3

SECTION 11 . Section 30. 11 .020 of the Glendale Municipal Code, 1995 regarding residentia l district land uses and pemlit requirements. is hereby amended to read as fo llows:

30. 11 .020 - Residential I)istrict Land Uses and Permit Requirements

A. Permitted Primary Uses and Structurcs. No building. structure or land shall be used and no bui lding, st ructure or use in the residential zoning districts shall be erected, structurally altcred, enlarged or established except the following penn itted uses, bui ldings and structures identified with a "P" in Table 30.11 - A.

B. Conditional Uscs and Structures. The following uses and st ructures identified with a "e" in Table 30. 11 - A may be pelmittcd in the res iden ti al zoning districts subject to approval of a conditional use pennit (Section 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Temporary Uses. Temporary uses (identified with a "T" in Table 30.11 - A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

I). Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be penn itted in zones identified with a "P" in Table 30.1 1 - A.

E. Wireless Telccommull ic:ltiolls Facilities. Wircless telecommunications t~lcilities. identified wilh a "W" in Table 30. 11 ~A may be permitted subject 10 the approval of a wireless telecommunications facil ity pennil as set forth in Chnpler 30.4R of this Codt'o

EE. Standards for Specific Uses. Where the last column in the rollowing tables ("Sec standards in Section") includes a section number. the regulations in the referenced section app ly to the use; however. provisions in other sections of this Zoning Code may apply as well.

GF. Historic Resources. Uses listed as pennitted or conditionally pennitted within a historic reSOurce included on the Glendale Ilistori c Register only (identified in Table 30.11 -A) are pelmitted or conditionally permitted only wi thin a designated histori c resource on the Glendale Register of Historic Resources.

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Table 30.11 - A RESIDENTiAL DISTRICTS AND PERMIT REQUIREMENTS

LAND USE <I) (2) ('I!:II.MIT REQULREMIW I' BY ZONE

Resid ~ "tia l Uses [{OS RIR Boardinghouses or lodging houSC5

Domcsti(: Violence Shelter ,. I' Multiple residential dwellings New dwelling unit construction 011 a lot hllving a lot width or less than eighty (80) 1i:C:i, excepting flag lol~; Ilr on a lot with an average current slupe exceeding (illy (SO) percent; or on II Jot where morc (han one thousnnd live hundred (I ,SilO) cubic yards uf carlh material arc C C proposed to be moved in conjunction with the constnJCtion. This shall nOI apply III lois which have been crented by II tr.tCt map or parcel map g iven tentative map approvaJafl.cr April 15,

~. On~1) residential dwelling per lot P l' Rcsidcntilll Cun.b>Tegatc Carc Fltcilities Rcsidcntial Cunj.,'Tegatc Cnrc f-Heililies, l.imited l' I' I{ctircmcnl and rest hOnlc~ Seniur housing Sorority or fraternity houses and dormitories

[ ducat ion, P ubl ic AssemblY, Recrea tion

Community gardens, operated by a homeowners' p I' association Day care center, only where operated al a church, synagogue, temple, or olher house of Worship. religiously affiliated ur nOI1Sc:etarian preschool. In determining whether 10 grant or deny a conditional usc permit lor a day care center hereunder, the content of any curriculum lind every aspect of an organization's operations which arc religinus in natmc shull not be considered Parks and playgrouods, opertlted by a homeowners' associatioo and approved in l' P cOIUlC(;tion with a subdivision Parks and pla~b>TOunds, privatc C C I'arks and ~Iay~ouod& ~ublie l' P Places of worship C C Schools. rivate

Key to Permit Require ments

Pcmlitted use Conditional use Condit ional Use. Penni t re uired. Temporary Use Use nol allowed

Noles: (I) (2)

See 30.03.010 rcgardm& uses oot hsted Sec 30.70 for definitions oCthe land uses

Table continues on next page.

28

RI

P

NfA

I'

P

l'

P

C P C

RJU50 IUZSO RI650 R I25U

S" Standards in Seelio u

P ,. P -I' I' P I'

P ,. P P 30.11 .050

NfA NfA NfA NfA

-P P P l' -C C C C l' P l' P

P P P l' P P

C C C

P l' I' P

C C C C

l' P I' P

C C C C l' P P P C C C C

C C C

Symbut See C hapler

I' C 30.42 T

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RESIDENTIAL DISTRICTS AND PERMIT REQUIREMENTS

LANDUS I~ ( I )(2)

O len S RCC a nd Resources o n Sal:e

T I f &C rim s lor II Ion r u Olllmlllllca 10 11 scs Utility and transmission fal: ilit ies

Wirele. ... 1 telecommunication faci lities

A B ·hl' cccssory III Ings, s trucl urcs all d U '" Accessory living quarters or guest house not to exceed au aggregale area of five hundred (500) ~~ fccl of noor area

Accessory huild ings or structures A(;cessory uses Antennas (pole Iype) Dish antclUlUS

~~ occupations

~~ Solar cner[;y equipment

Tem lnr a r y Uses Contractor·s office and/or slornge. temporarr. Temporary subdivision sales uffices, sales trailers and model dwelling:; or tmilers propused for usc a.1temporllry sales offices shall he registered with the zoning administrator by lln appliclition for condit iuns of usc. The )'.oning administrator may estahlish condi tions for operat ions lind mainlemmce ineluding but not limi ted to restric tions on hours of opemtion, lighting and promotionnl rcstrid ions and re3.<;()nablc lerm inmion of the temporal)' use. The decision of the zoning administr.ltor shal l Dc appealable.

Key to p ernut ReQUIrements

Pemlillcd usc Condit ional usc ~ Conditional Usc Permit requi red. Tcmpordl)' Usc

ROS P

C

ell'

P

p P P P P P P

T

T

Wjrdess TcicctJlIIlllIlnic"t jon s Faci liticshnnit R~t] lIired

Use nOI nllowed

R l n p

C

GIV

P

p

P P P P P I'

T

T

Notes: ( )) (2)

Sec 30.03.0 10 regarding uses not listed

See 30.70 for definitions of the land uscs Table eontinucs on next page

29

1'l!:RMIT REQU l llEMENT IlY ZONE

R) P

C

c;~

P

p P )'

)'

P P P

T

T

10 050 R2250 R1650 RI250

S" SI:mdards in Sedion

C C C C Chapjg:

GW C;W G , (;W )OA830M. .J.«)

P P P P

~

P I' P P P P P P P P I' P P P I' P 30.34.050 P P P P 30.45 P )' P P 30.~ P I' P I'

T T T T -

T T T T

s :Symbol S CI " IAPler

P C 30.42 T IV 30.48

-

April 6, 20 I 0 J:file<L'docfllcslord/wirclcss IIIltellIla ord/wifeless IIIllenna ord FINAL (with diagrams) 040610 with rlanning Addilioll$· 3

RESIDENTIAL DISTRICTS AND PERMIT REQUIREMENTS

LAND USE ( I) (2) I

Use' v·thin a Historic Resource " , ROS R lit Boarding or lodging houses C C Cul turallut Centers C C Day care cenlers C C .

MU!leullI C C Oflicc C C Personal Services not to exceed 800 ~uarc fccl C C RcslaunmlS, rull service nollo exceed a seating capacity or fort y (tlO) persons Retai l Siores, gcncrai mcrchandisc C C Retiren)!;:nl or rest homes Schools, physical instruction C C Schools, private spt:Cializcd education aod

C C lrai lli n~

K . t .CY 10 Perm II I :cQUl rcments

!'ennined use Conditional us.; Conditional Use ['cn nit required. TClIlponlry Use

Wireless I"h.;c{ll1lmll!lica!ion~Eil!,;ili!i!,;s Pennil 1{(~(IU ir<,d

Usc nol allowed

NOles: (I) (2)

See 30.03.010 regarding uses nOlli~I Cd

See 30.70 for definit ions o rlhe land uses

30

PERMIT RIi:QUTREMENT BY ZONE

1< 1 C C C C C C

C

C

C

S .. Standards

RJ050 R22SO IU 650 Rl2S0 ill Section . C I' P p

C C C C C C C C C C C C -C C C C C C C C

C C C C -c C C C -

C C C C C C C .

C C C C

S b I , 'I' m • S Ch .. apler

P C 30.42 T

lI' 3_0,1&

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SECTION 12. Section 30. 11.030 of the Glendale Municipal Code, 1995, regarding res idcntial district general developmcnt standards, is hereby amcndcd to read as fo llows:

30.1 1.030 - Residential District Genera l Development Standards

Table 30.11 - B

RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Retluir~ mcnllJy Zoning District

Development Feature nos I RIR I Rl

M inimum Lol Size Mi l1irnum Jol area and width r equired

Ar ea As required by Section 30. 11.060 and Chapler 16.20 As required by Sei.:tion 30 .11.060

WitHb As n.-quired by Chapter 16.20 and Table 30. I I-A NJA

I dwelling unit per 101. nle ma~irnurn allowable density for

Reside nti:11 Density I dwelling unit per lot I dwelling unit per lot any residen tial suhdivision of

Sec Sectioo 30. 11 .040 (D) (I) for See Sect ion 3().1 1.040 (D) (I) for five (5) loIS or more in the RI MaximuIII

density requirements densily requirements ZOue shall not exceed an average of one ( I) dwelling unit per caeh 5.500 sq. ft. o f site arell.

District J: Shall not excecU .30 for the l ll 10,000 sq. ft. o rJot arca and .10 for euch sq. fl . of lot area thereafler District II: Shall nol exceed .4() for thel " 1 0,000 sq. ft. of 101 area and .10 for each sq. fl. oflot area thereafter Districl lII : Shallnol exeeed.45 for the . " 10,000 sq. ft. of lot area antl . IO for each sq. ft. of 101 area thereafter

Floor Area Ratio For the purpose or Ihis section, in the ({OS, RI It. and R I 7~me~ only. FAR sh;tli not include up to 500 5<1. Maximum ft. of garage area as specified in the defini tion or the lenn for siles having a floor area of less Ihan 3,500

sq. n. Up 10 700 sq. ft. of garage area shallllot he included for si tes having n floor area ofJ,SOO sq. rt . or more. Lots wi th ;1I\ nvcrnge CUTTent slope or forty (010) percent or greater, the floor Hrea ratio shall not exceed .30 (thiny humlretlths) for Ihe first

NJA 10,000 (tcn Ihousand) square feel of 101 area an ti .10 (Icn hundredths) for each ;ulditional :;quare fOOl of 101 area Ihereaftcr.

Maximum Lot 40";", including all residen tial and accessory bui ltlings Coveral!.e -

M inimum Setbacks Required Sec Seclion 30. 1 1.fJ70 for selbaek exceptions

IS feet 25 feel

St reet Frol1l ~ -

IS feel 6 feet

Buildings anti slnlcluTes Iluiltling." and sll1lelmes

Street Sille 10 feel permitted afler May 2, 1991 , permiltc<iaficrMay2, 1991 , shall he sel back a mirtimum or shall be set back a minimum of len (10) feel. six (6) reel.

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I

Interior

All huildings and slnn;lures aJld additions 10 such buildings and Slnlctures for which 1l building ptmlit has been issued in th t: R I R ami R I :I'.one pcrmirted prior 10 May 2, 1991, Sh11 11 be sd hack from the interior propel1y lintS a minimum of fOIlT (4) feel fo r buildings or structures twenty (20) feet or lower in height; not less than live (5) feel for buildings or Sl ruc t urt:..~ over twenty (20) (etl and equll i to or less than thil1y (30) feet in height; and, notlt:..~ than six (6) fcel lor bui!dill~ or structure~ ovcr thil1y (30) (t el in hci/'.hl.

Table cuntinues 0 [1 next page.

RESIDENTIAL DISTRICT GENERAL DEVIlLOPMENT STANDARDS (Cont;nued)

Requirement by Zoning Distr ic t

Developme nt FeatJlre ROS I Rt R ttl

Heig ht L imitsill Shall not exceed 25 fttt, pursualllto the definit ion of

Pr ill11lry Sec Sec. 30. 1 1.040 (I-:) for primary building height requirements

height sct forth in this lit le allli Wirt lcss (plus 3 feel fur any roofed ll rea

T ri rcolllmUll iCjlt illns having a minimum pitch 01"3 F:ltililies feel in 12 fcct)

No m;ctssory building shall cxcecd (t ht ighl ufl welve (1 2) feet, ur fift een (1 5) fee t where a minimllm roof pilch o f th ree (3) reet in twelve ( 12) feet is provided, pursuant to the definilion of hcight sct fort h in th is tit ic.

Accessory Buildings Accessory build ing.~, in the ROS llnd RI R zones on ly, eonstnlCted to the side of or below the dOwn slope wall of the main bui lding or st ructure 0 11 a lot wi th an avcrdge downhill orjcntnlion of fi ve horizontal to one ven ical (5: I) slope or steeper, shall be Hmilt:d as follows: the down s tope wall of such accessory ~ng shall nu t exceed len (1 0) feet in height

Accessory Structures Accessory structures slml l !l0 1 exceed II height of lineell (15) teet pu~uaJ11 to the definition I)fheighl set forth in th is title.

Permaucntly Landsca ped Open 40% minimum of the lot area (See Chapter 30 .3 1 for addi tional rcquirenlCnts) S~ace

Parkiu): li nd Loading As required by Chllph:r 30.32 (Parking and I.nading)

Design R eview As required by Chapter 30A7 (Design Review)

Table continues on next page.

( I) For e\ecrtions to heigh! limi t5 for wireless tdecommunications rnci litic,s. $e Chapter 30.'l /{.

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RESJIlENTlAL DISTRICT GENERAL DEVELO I'MENT STANDARDS

n equircmenl by 1 .• o ning Uistrict Development Feafure 1t·3050 < R-Z2S0 .-1 R- 1650 T R-1250

M inimum Lot Size Minimum lot area anti width required

-N/A I N/A I N/A I N/A -

I A rcH -.

!Width

One (\) dwel ling uni-;--One ( I) dwelling unit One ( I) dwell ing unit for each 2,250 square lor caGh 1,650 square for each 1,250 square fect of lot area. On lots feCi oflol arca. On 101$ fect of lot area. On 10l')

I(csidentialDcnsily One ( I) dwell ing unit h:lVing a width of90 having a width of90 hHving a width of90

1\1:I )( il1lll111 per 3,050 square Icet of feci or grealer, there feel or greater, then: feel or greater, there 101 area. ~ha ll be not more lhlln ~ ha ll be not mon: lhull shall be not more limn

one (I) dwelling unit one (I) dwelling lInit one ( 1) dll'elling unit for each 1 ,gOO sqlHlre for caeh 1,]20 square for each 1,000 square feel of lot area. Jcct of lot area. feet of lot area.

I--"Ioor Area Ratio <65 <85 LO L2

Muimum < Lot Cove":lgc 50'Yo maximum including a ll residential and accessory buildings

~HICkS Rcquil"i~d Sec Sedion ]0. 11.070 for sethack exceptions Twenty (20) feel minimum and an :Jver.lge of twenty- three (2]) feet for any

25 fcet minimum gumge or first residential floor; nollcss than twenty-three (2]) feet and an Str .... t Front a\'crngc oftwellly-six (26) fcct for the ~c;ond and third res idential flClOfS (see

-Dilljq"".lm I in FilQlre ]0.11.0]0).

Five (5) feet minimum and an avcmge of eight (8) fect lor tbe first re. .. idenliall1oor: not Ie$." than eight (g) feel and <In average of cleven ( I I ) feet for the second res idential floor; lind nol les..<; than cleven (II) fed and an average of fourteen (I " ) lect for the third residential tloor (~ee Diagram 2 in figure ]0. 11 .030).

Street Shl .. r-Five (5) feel minimum alld an average or eight (8) feel for the first residential floor; nol iess th:m dghl (8) feet and an average or cleven (I I ) feel for the second residential floor; and not less than eleven ( II ) feet

Inftriur and an average of fou r1een ( 14) feet for the third residential floor (sec Diagmm 2 in Figure 30. 11 .030). ( I)

Eight (8) feet minimum and nil average of eleven ( 11 ) fcci rur lhe first residcntiul Lloor; nUl le~~ than Interiof when cleven (I I) feet and an average of four1een (1 4) feet for lhe second rcsidentinl noor; and notlcss than

abutting the ROS, seventeen ( 17) feel and an average oft\venty (20) fee l for the third residential floor (sec Olagmm 3 in !tnt or RI 7.0nes Figure 30. 11 .0]0). (1).

(excluding chimney~,

railings and venii) .

Height Umitsm

Prinlary lind Wirclns Ma.ximum of] stories and II maximum of 36 feet. (2) (3) (4) Telecom en II n ieat ions On lois having a lot width of 90 feet or less, a maximum of2 storie:; and a maximum of 26 leel . (2) (3)(4)

Fll c ilit ic.~

-Accessory Bu ildings Twelve ( 12) feet, or fifteen (15) fcct where a minimum roofpitl:h ofthrec (3) fcet in lwelve ( 12) feet is

provided, pursuant to the definit ion of height set fonh in this tit le.

AeeessOl·y Structures Fifteen ( I 5) feel pursuant to the definition of height setlo rth in this title.

Minimulli 30% of lot area. See Permanently Chapler 30.3 1 for 25% of lot area. Sec Chapter 30.3 1 for addit ional requirements Landsca ped Ollcn Space

additional requiremenL" -

Parking lIud Loadin • As rcguircd b,r Cha~ter 30.32 (Pllfking and Loading} n .. s i n Itcview As re uired b eha ler 30.47 Desi Review

33 April 6, 2010 J:fiIcd1docfileslordiwirclcss antcrula ordlwird ess Mtt"":! ord FINAL (wilh diagrams) 040610 with PlaJ1l1ing Additions - 3

( I) For additions to an existing dwdling units where only one dwelling unit exists on the 101 and for which 11 building ~rmit was issued prior to December 1if , 1995, sec Scrtion 30. 11 .070.

(2) Additional 5 feet of height shall be permilled for any roofed area hnvingn minimum pitCh of 3 feet in 12 feet. (3) Rooftop equipment shall not he included in the measurement of the vertical dimension provided that said equipment is fully

screened by a roofed element of the building having a minimum pitch described herein. (if) A mey.anine shall not be considered a Siory. See Chapter 30.70 (Definit ions). (5) For exeeilliolls til heiGht li mil~ for wireless Iclceoml))u llic~ t iQ!ls lilcili!ies, ~e Chapter 30.'18,

SECTION 13. Section 30.12.020 oflhe Glendale Municipal Code, 1995, regarding commercial district land uses and permit requirements, is hereby amended to read as fo llows:

30.12.020 - Commercial District Land Uses .and Permit Requirements

A. Permitted primary uses and structlll·es. No building, structurc or land shall be uscd and no bui lding, structure or use in the commercial zoning districts slmll be erected, structurally altered, enlarged or established exeept the fo llowing permitted uses, buildings and structures identified with a " P" in Table 30.1 2 - A.

n. Conditional uses and structures. The following uses and structures identified with a "C" in Table 30.12 - A may be penniUed in the conunereial zoning districts subject to approval of a conditional use permit (Section 30.42). The deve lopment standards of th is zone shall apply except as otherwise provided herein.

C. Temporary uses. Temporary uses (idcnt ificd with a "T" in Table 30. 12 - A). allowed subject to approval and compliance with all applicable provisions of this Zoning Codc.

D. Permitted accessory uscs and structures. Accessory uses, buildings and structures shall be pelmittcd in zones identified with a up" in Table 30. 12 - A.

E. Wireless Telecnmmllnic~ltions Facilities. Wireless telecolllmunications beil il ies. identified with a ';W" in Table 3 0.1 2~A may he permitted subject to the approval ora wireless telecommunications facility permit as set 10rtl1 in Chapter 30.48 or this Code.

E.E. Standards for specific uses. Where the last column in the following tables ("See standards in Section") includes a section number, the regulat ions in the referenced section app ly to the usc; however. provisions in other sections of this Zoning Code may apply as well .

FG. Uses not listed. Land uses that are not li sted on Table 30.1 2 - A, or are not shown in a particular zoning district are not allowed, except for other uses which the zoning administrator detetnl ines to bc similar in nature, runction and operat ion to li sted permittcd primary uses within these zones.

34 April 6, 2010 J : tiledldocfiles/ordlwiH:I~ss aotcuna ordlwirc:less antenna ord FINAL (with diagrams) ~0610 with Planning Additions · J

Tn blc 30.12 - A

COMMERCIAL D1STIUCTS AND P ERMIT REQUIREMENTS

1.AND USE (1 ) (2) PERMIT nEQUIREM ~N'f BY ZONF.

A Sf ccessory; rue tires an d U scs C I C2 CJ cn _Accessory uses P I' I' P Anlcnna.~ (pole type) and flagpoles P I' I' P Carts (freestanding, non-motorized, portable

P I' I' P !),pel Dish antclU\ilS P P I' I' Home 9ccu~alio ll s P I' I' P Si " P I' P P Solar energy equipment p I' I' P

I n f I U JlS IUIQUa ses Convalescenl homes, .md extended cllre C I' I' Cultural art" centers I' P

I [ospitals P

Museums P P -Pla!;!;':s ofworshir. I' P P C Retin:menl and rest homcs C P P ~is, physical inst ruction P I' I' P Schools, pr ivate C C C C Schools, priValC spcciillize<l education and

C I' I' C tmill ill~

LL'ht I d U , usl n :11 '" Bad lals/outdoor facil ities production C Broadcasting studios and indoor support

P p '>(3) faci li ties - prod uction Medit:al and dcnta l laboratorics P P 1'(3)

Soundstages production P Uti lity and transmission faci lities C C C C

MiscellaneO lls lJscs Nonemergency heliports C

Parking lots or structures P P P I'

Office Uses

~~tors office and/or storage, temporary T T T T Contractors office P I' I' P Medical lUld denial offices I' P P P(J) Office I' P P P el Office, consumer serv ices P Veterinary o ffices. including hospilali)'.ation

I' P P P services

Kev 10 p ernul R :eqUlremcnts S b 1 ,ym 0

Permitted use I' Conditional usc: Condit ional Use Permit required. C Tempor.tl1 Use T Usc nol allowed

Notes. -( I) See 30.03.0 10 regardmg uses not listed S I-:CTION 1.(2) Sec 30.70 for defini tions of the land uses ~6crIQN 2 (3) Permitted ahove the first floor level only

35 J: filcdfdocfiteslurd/ll irclcss anlenna ord/wireless antenna Old FINAl , (lI'i lh diagrams) 0406 10 with Planning Additions· 3

C I>l) -P P

P

P P

C

I'

T P P P

S" SI!llItlnrds . S f '" cc Inn

30.34.0"0 ~

30.34.050 30.45 30.33

---

-

--

-

-30.32

30.S I .020

-

S C I " la pte.·

30.42

April 6, 20 I 0

COMMERCIAL DISTRICTS AND PERMIT REQUIREMENTS

LAND USE ( I) (2) -1>to:RMIT REQUlREMJo;NT BY ZONE

" r 1 U cerea lona scs CI ~~dt: ..:.sluhlishmcnl ~rd establishments ~rcn's indoor play areas Community gardens, operated by a non-profit p ~allizalilJn Cvbcr-Cafc! establishments G illS ami htalth clubs Indoor recreation center I' Outdoor commcn.:iOli recreation Private clubs and lodges C ~cdance.<; P

~s C 1llcalcr.;

R"J J U ~, enWI scs Assisted living cenler I' Domestic ViOJCJ1l'C shelters I' Emergency shelter

Residential congregate care racilities C I--Residential congregate care facilities, limited I'

Multiple residentilll dwellings subject 10 the provisions of lht: 1{· 1250 Zone and provided p further thatlhc ground tJoor level i ~ occupied wi th pennittcd commcrt:ial uses Multiple residential dlVdling.~ with dwclling units at the ground floor level subject to C

rovisions urthe R-1250 zone Onc I residential dwelling_per lut P Senior housing suhject to the provisions nfthe R-1250 zonc and provided further thatthc

I' ground noor level is m;cupied with permitted commercial uscs Senior housing at the ground floor levd suhject

C to the nrovision of the R-1250 zone.

R t 01 U ' " scs Alcoholic beverage sllics C'3\ Automobile supply store (Janquet halls Christmas tree sales lots, whcn maintained

T between November I" and Januarv 9111

Kev to Permi t Il.cCluirements

Pennillcd usc Conditional u~e Conditional Use Pennil reauiredo

~~P-2rary Usc Use not allowcd

Note.~o (I ) See 30.03.010 regardmg uses nol listed (2) Sec 30.70 for definitions orlhe land uses

C2 C3 CR C

C C p P P

p P I'

P P I' C P I' P

C C P C I' P P C C C C P C

P I' P P I' P C C

C C C

P P I'

p P I'

C C

P P I'

p I' P

C C C

C(3) CO C3\ P P I' C C C

T T T

Symbol

P C T

(~) CUP not required for supcnnarkels with 20,000 square feet of fl oor area or greatcr

36 J: filcdldocmesJonl/\\'irclcs.~ antermH ordlI\'ireJcss arltCllna ord FINAL (with diagnuns) 040610 with t>lanning Additions 0 3

CPO

P

P

c

P

P

S .. Shi ndarc.ls . S r '" cc I OU

-

-

-

-

S.44

See C hapter

30.42

April 6, 20 I 0

I

COMMERCIAL DISTRICTS AND PERMIT REQUiREMENTS

LAN D USE ( I) (2) P ERM IT IU:QUm EMENT BY ZONE

Rel'li l Uses coni C' C2 C3 CR Fin;':anns weapon salts P P I' Hardware stores I' I' ,. I' - - ----Jewc storts I' I' I' I' Liquor stores C C C C NlIr~rics and gurden sup lies P P I' I' Paint and wnll~pcr slores I' I' P

" Pawnsholls I' Pharm,tcy I' I' P I' Pumpkin sales 1()1.~, when maintninc(1 between Oclober JS'h and November ,"

T T T T

~~unllli l counter service with limited sea~ I' I' P I' Restaurants, fa.~l food C I' P C ~~Ilnts, full f>l!rvice I' I' P P Retail sIO(es, gcncml merchandise P P P P Spas and swinuning pools sales and service P I' P I' Supc: mlan.:cts I' P I' I' Vehicle !;lIles, lea.~inp. and rcntul agem;ie:> I'

S IJ u Vlce '" Ambuhmcc services I' P P

" Hanks and financial institutions P P P C Business support services P P P pm

-~~hes, full or self service P I' Da:t can: centers P P I' P Ga.~ station C P I' C r kuting and ai r conuilioning sales and service p ~C) Hotels and mOlels I' P I' 3) Massa/;it: services C Mortuaries and funcral homes I' Pcrsolwl Servicc:s I'

" I'

" Pet...&'.:oomin/;i I' P I' P Repair and mainlenance, consumer products I' I' P I' Tire stores P

I-ifchicl~ r~pa ir garag.e P

Wireless leiccommuniclil ion;! racilit ies PW PW PW PW

Kev to Permit Rei ui remcnts Symbol

PcmliUt:d use P

Condi tionliluse - Conditional U:;e Pt:rmi t required. C

Tcmporary Ust: T

Wireless Tciccilmmuniealions Facjlitlcs Permit RCI]Uircd W

Usc notllllowed

Noles: ( I) See 30.03.0 10 rt:garding uses not listed ;.;,f-iGHGN-H2) Sce 30.70 for definitions ofl he land ust:s F',ECTIOl>I2o(3) Permitted above lhe first noor level only

37 l :filedJdoctilcslordlwireless HJllcnnH ortllwirclcss UIl!<.:nna ord FINAJ.. (with diagrp,ns) 040610 with Planning Additions - 3

CPO P

I'

PW

So< Standards . S t' " CC lO ti

5.44

30.34.160

)O.34.0~

30.3'1.070 -

30.34.140 30.34.150 ~

30.4R~

'" See Chauter

30.42

.lMlt

Apri l 6, 2010

SECTION 14. Section 30. 12.030 orthe Glendale Municipal Code, 1995, regarding Commercial District genera l development standards, is hereby amended to read as follows:

30.12.030 - Commcl"cial District General Development Stalldltnls

Table 30.12 - B

COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Requirement by 7.oning District I-- I I

-I Developlnenl (Oeal urc CI C2 C3 Cit CI'O

Minimulll Set backs See Section 30.1 2.050 for setback cl(cepli()n.~ ll.cquirctl

5' for the fi rst story level only Oil lhal 10' average: for Ihe portion of a bui lding or structure th(lt is

None ground floor, lUld

within 12 feel ahovc grade, whichever is 5' average for the Street Front !;realcr second Ooor

5' for the first slory level only on Ihal portion ora building or structure thai is

None 5' minimum within 12 Icct above grade, whichever is greater -

Street Side None 5' minimum

Inlerior!!.2! :Il.lj :ICCllt to res id~nlifll zones 5" minimum and average 8' for

building~ and structures up 10 and

5' minimum and including 28'; T minimum and average

average H' 10' lor bui ldings and struc tures ov o::r 28 ' Non o:: 30' avo::rage and up to and including-35'; I' minim\lm

Interior :uljaeenl 10 for eve!), 2' of hcighl for entire building, resident ifl l zones if building is o ver 35'

-District I 50· max and ) stories

Maximum !l eighl District I 35 ' mlL'I: m""

Limits (I> (2)1J.} D istrict II 45' District II - 65"

tl5' max and 3 35' IllIlX and 2 Sec Section 30. 12.040 25'

max and 3 stories ma.'!: and 4 slories

storie.~ max stories max <n > and (C) for m"" addi tional infonnation m" District /11 - 90 '

ma.'I: and 6 slories mw<

L:mtlseaping A~ required by Chuple.r ]0.3 1 (Landscaping) -

Rooftop equipment See Section 30.30.020 (Site Planning)

Liglltin~ Sec Section 3().JO.0-10 (Site Planning) -

Trash Collection A reas

So::e Section 30. 30,030 (Site Planning)

Parking and Loa ding As required by Chapter 30.32. (Pll.rking and Loading)

(Also see ] 0. I 2.040(C.5) for olho::r requirements for the. CPO zone)

Design Review As required by Chapter 30.47 (Design Review) N/A

38 Apri 16 ,2010 J:filedld(ll; Ijlc.'IIordlwirch:s s antenna ordlwirclcss antenna ord FINAL (with diagrams) 0406 10 with Planning Additions - 3

(I) Enclosed or screened rooftop equipment not exceeding 5' in height above the roof of a building slmll not be computed as part of the height of the building. Elevator shafts and roof top stairwel ls not exceeding 15' in height above the roof of a building shnl1 not be computed as part of the height of the building. Sec Chapter 30.70 (Definitions).

(2) A mezzanine shall not be considered II stury. See ChapleT 30.70 (Definitions). (3) For exceptions III hcil'hl limil~ CM wireless lcirc;oUllllll[Jjpljoll$ fllcililies, sec CJ1"llllCr JO.4!!.

39 Apri]6, 2010 J:filed/docfilcs/ordiwireless Illllcnna ordiwi rclc.~5 aJl!CIllla Old FINAL (wi lh diagrams) 040610 wilh PIHnning Addilioll5 - 3

SECTION IS. Section 30.13.020 of the Glendale Municipal Code, 1995, regardi ng industria l district land uses and permit requirements, is hereby amended to read as follows:

30..13.020 - Industrial District Land Uses and Permit Requirements

A. Permitted Primary Use and Structures. No building, structure or land shal l be used and no bui lding, structure or usc in the industrial zoning districts shall be erected, structurally altered, enlarged or established except the following pelmilted uses, buildings and structures identifi ed with a "P" in Table 30. 13 - A.

B. Conditional Uses and Structurcs. The following uses and structures identified with a "c" in Table 30.1 3 - A may be permitted in the industrial zon ing districts subject to approval of a cond itional use pennit (Section 30.42). The development standards of this zone shall apply except as otherwise provided here in.

C. Temporary Uses. Temporary uses (identified wi th a " 'I''' in Table 30. 13 - A), allowed subject to approval and compliance wi th all applicab le provisions of this Zoning Code.

O. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a "P" in Table 30. 13 - A.

K Wireless Telecommunications Facilities. Wireless tciecolllmunications lacilities, identified with a "W" in Table 30.13-A may be permitted subjccllo the approval ora wireless telecommunications facility permit as set 10l1h in Chapter 30.48 oft11is Code.

EF. Standards for Specific Uses. Where the last colunm in the following tables ("See standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

FG. Uses not Listed. Land uses that are not listed on Table 30. 13 - A, or are not shown in a particular zoning district are not allowed, except where other uses which thc Zoning Administrator detennines to be similar in nature, function and operation to li sted permitted primary uses wi thin these zones.

40 Apri l 6, 2010 J:fi1edldocfilesfordlwirelcss antenna ordlwireless antenna onl FINAL (with diagrams) 040610 with P1annulg Additions - 3

Table 30.13 - A

INDUSTRIAL ZONING DISTRICTS AND PERMIT REQUIREMENTS

lAND USE (I) (2) PERM IT REQUIR[M[NT BY ZQN[ -

s AccessOl'V ~ t ruclurcs lIll d U '" IN 0

Aceesso uses AntelUlas (poh: txpt: and nab-'Polt:s Carts (freestanding, non-motorizt:d, portable type) Dish antennas Home oeeupatiuns Outduor stora e, incidental Si 'ns Sularener' c ui ment

Industria l M ixed UselLll n~e Sca le Proiects

Industrial Mixcd Usc/Largc-Seale Project, including al! prinmry, accessory and temporary uses and stwctures and a11uses and structures conditionally pcrmitted in thc C3 zonc. Uses spcciticd in the C3 wne shall be subjeclto specific devl:iopment standards as rcquircd in the C3 zone.

Ed .. ilea lon, P hI" A " " bl R ssem HY, eereatliln

Ni 'hteluhs Sl.:huols h sical instruction Schools, private Schools, privatt: specializt:d education and training Taverns

f M:mu lIctuflile a ll dP roeess lIIl!. Baeklotsluutdoor facilities - production Broadcasting studios and indoor suppnrt facilities - production H...9lvy Manufacturing Jd~t Manufacturin

Printing, publishing, and lithogra~hic services Rec elin Research ,md development Soundsla c roduetion Warehousing Wholesalin

Key to Permit Requi rements

PermiUed use

Conditional use - Conditional Usc Permit required.

Temporary Use

Use not allowed

Notes: (I) See 30.03.010 Tt:garding uses not lislcd (2) See 30.70 fOT definition~ of the land uses

41

P p

p

P P P P I'

P

C C C

C

C

I'

r P I' I' C P P P P

T

Symbol

P

C

T

J:fi1cd/docfitcs/ord/wirclcss antenna ord/wireiess Hntenna ord HNAt. (with diagrams) 040610 with PlfIIIIling Additions ~ 3

So< Sta ndards . S '" CCf lOlI

30.34.040

30.34.050 30.45

)0.33

See C hapter

30.42

April 6, 2010


LAND USE (1) (2) PERMIT REQUIR(t;MI!:NT BY ZONE

R "d t " I tI I st'! tio la l Uses ~, en 13 "" " , " , IND T Conversion of a live/work unit 10 entirely

C residential or entirely business use ---Domestic violcm;t: shelters P Emergency shelters located greater than 300 from the RO S, R I R, It I, R-3050, R-2250, R- t' 1650 R-1 250 SFMU, Cl.C2,C3 or DSPzoncs Emergency shellers located less thm) ]00 fect from the RDS, RIR, RI, R-3050, R-22S0, R- C 1650, R- 1250 SfM U, Cl C2 C3 or DSI' zum:s --Li ve/Work C Residential con c ale can: fueili(ie::; C

Itelail Alcohol ic beverage sales C 3) Building materials su llics. sales and service P Christmas tree salt:s lois, when maintained

T bdwecn November I sl and January 9'h llanlware stores P Jcwdry stores P Nurseries !lnd g!ln.len supply sales I' Paint and wallpaper slores I' l'hamJaey - I' Pumpkin sales lots, when maintained between

T October 15th and November 1st. S~as and swimlllin~ pools, sales and sen' tet;: I' Vt;:hicle sales, leaslllR and rentallll2,eneies P

Sen' ice Uses Ambulant:e serv ices P Body sho S <Uld aint iu booths P Business s~pporl services P ~:She~(ful l or self service I' D, care ccntcrs C Equipment rental yards P Gas stations P

Key to I'ermit Requirements

Permi tted use

Conditional use - Conditional Usc Pennit required.

Temporary Use

Use not allowed

Notes: (I) See 30.03.0 I () regarding uses not listed (2) See 30.70 for definitions of the land uses

Symbol

I'

C

T

(3) CUP not required for slipenIlarkets with 20,000 squ!lre feet of nonr area or grellter

42 J:fiIcdldodilesiordiwirc1css antenna ord/wireless 3Jl!cnna ord FINAL (wilh diagrams) ()40610 with Planning Additions - 3

-

S" Staml:!rds in

Section

f-

5.44

- --

5.44

30.3tl .160

30.34.150

30.34.())O

--

See C hapter

30A2

-

Apli16,201 0


LAND USE (I) (2)

Ser vice Uses co uto IND Healing and air cOllditioning sales and service p ( IlVAC) Kennel animal boardin and daycarc 1'3 ~lImJries and dry cleaning plants I' Medical and den(allaboralorie.<; P Moving services P Rc lai r and maiolt:llance, r.:onsumer prodlll.;ls P Restaurant, counter service with limited scating I' Restauffillis fast food I' Restauranls - full service I' Storage, ~crsonal facili!i !;!!; P Storage, outdoor facili!):' P Tire stores P TllIvin services rUid impound )'lIrds P Vehicle repair garages P

om u ICC '" Conlral,;lur ' s uffice and/or slara c, lem loraT T Medical and dental offices P -omec p

Office, consumer ~rvices P Veterinary offices, including hospitaliZ:llion p services

T t .. ranspnr :1 IOn an de . r F Tf .omrllunrca roll ael r les

Nonemergeney heliporb C

Parking lots or slruclures P

Utili and Iwnsmission facilities P

Wireless le1c(Ommunicalion~ facilit ies ]!\V

Key to Permit Req ui rements

Permitted use

Conditional use- Comlitiunal Use Permit required.

Temporary Usc

Wireless I!::JccomlJlulljealio[1~ F;jcililic~ PH!llit Bc!]uirq!

Usc not allowed

Notes: ( I) See 30.03.0 I 0 regarding uses nOI lis ted (2) See 30.70 lor definitions onhe land uses

PERM IT Rft:Qum EMENT RY ZONE

T

I'

l'

"IV

SymllOl

l'

C

T

IV

S" Standards ill Section

30.34.040

30.34. 140 30.34.1 45 30.34.150

30.32 30.51.020

Chanler 30A8

See C hapter

30.42

10AR

(3) NOI to be lo<.:ated nearer than 200 feet to the R I, Rl R, ROS, R-3050, R-2250, R- 1650 and R- 1250 zones ifusc includes outdoor facilities.

SECTION 16. Section 30.1 3. 130 of the Glendale Municipal Code, 1995, regarding the Industrial District general development standards, is hereby amended to read as follows:

30.13.030 - Industrial District General Development Standards

43 Apti16,20 10 J:li1cdldocfilesfordlwirekss anlenna orrVwir",kss antenna ord FINAL (witll diagrams) 040610 with Planning AcJdiliuns - 3

Table 30.13 - n INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

nequire ment by Zoning District

Oeveiollment Feature /Nl) T ~ ~

M inimum Lut Size Minimum 101 arca and width requircd for new parceb ---

Area 10,000 square fet:! NIA

Width 100 fcct NIA -

Minimum Sclbacks Required Sce Section 30. 13.050 for sethack exceptions N/A

Street Front and Streci Side ( I)

0 NIA luterior (I)

0 NIA luterior sctuack abutting ---

r es itl ~ nlial zones (I) IS fcet (2) NIA --- --

Heig ht Lilllitsjil so feel ( 1)(3)(4)

Landscaping See Chapter 30.31 (Landscaping) NIA

Rooftop equipment See Section 30.30.020 and 30.34.050 (Site Planning lind SllIndanl:; for Specific U$C$)

Lighting See Section 30.30.040 (Site Planning)

Trash Collection Areas See Section 30.30.030 (Site Planning)

I'a rking and Loading As required hy Chapler 30.32 (parking mId Loading)

Design Review As required hy Chapter 30.47 (Design Review)

( I) For Industrial Mixed-Use/Large Scalc Prujecl'; in tht: IND zone-for which project specific cnvironmental revicw ha.s been completed pursuant to the Califomia Environmental Quality Act (CEQA), as it now exists ()f

hcreal1er may he amended, the street setback, height and distrihution of buildings and structures on the site and the street and interior sethaeks shall he detennined at the time the Disposition mid Development A.greemenl (DDA) andlor Owner Participation Agreement (OP A) are cxecuted or approved, proyided, howeyer, no building or structure in an IndUSlrial Mixt:d-UsefLarge Scale Project shall exceed a maximum height often stories and maximum of one hundred seventy-five (175) Jcet abovt: grode. The foregoing notwithstanding, Industrial Mixed· USt:iLarge Scale Projecls must comply with the minimum interior setback required when adjacent residential zones.

(2) L~lndscaped bu ffer within selb:lck ~lrea. AI it:ast fiye feel of the required IS-foot setback area (measured from the residential zone property !lne) shall be a lm\dseaped buficr.

(3) A mezzanine shall not be considered a slory. See Chapter 30.70 (Defllli lions).

(4) Enclosed or screened rooflor equipment not exceeding 5' in height above the roof ofa building shall nol be computed as part of the height of the building. Eleyalo r shafts mid rooftop stairwells nol exceeding IS' in ht:ight ahoYe lhe roof of a building shall not be computed as part of the height of lhe bui lding. See Chapter 30.70 (Definitions).

(5) For ~xcentions In height limil s tilT wirciess IcleeQ[)1nllln icaliolls faci lities. sec ChaRter 30.48.

44 April 6 , 20 to J: [jk<.lldoefjtcslord!wirclc.~s antclUJa ord/wireless antenna nrd FINAL (wilh diagrams) 04061 0 with Planning Addilions - 3

SEC'nON 17. Section 30.14.020 of the Glendale Municipal Code, 1995, regard ing mixed use districl land uses and permit requirements, is hereby amended to read as follows :

30.14.020 - Mixed Usc District Laml Uses and Permit Re(IUirements

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in thc mixed use zoning districts shall be erected, structurally altered, enlarged or estab li shed except the fo llowing pelllJitted uses, bui ldi ngs and structures identified wi th a "P" in Table 30.1 4 - A.

n. Conditional Uses and Structures. The following uses and struchlres identified with a "C" in Table 30. 14 - A may be perm itted in the mixed usc zoning districts subject to approval of a conditional use pennit (Section 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Temporary Uses. Temporary uses (identified with a "T" in Table 30.14 - A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

D. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be pennitted in zones identified with a "P" in Table 30. 14 - A.

F.. Wil'eless TelecoUllllunications Facilities. Wireless telecommunications t~leilities. identified with a "W" in Table 30.14-A mily be permitted subject to the approval of a wireless telecommunications facility pennit as set (orlh in Chapter 30.48 of this Code.

EE. Standards for Specific Uses. Where the last column in the fo llowing tables ("See standards in Section") includes a section number, the regulations in the referenced sect ion apply to the use~ however, prov isions in other sections of this Zoning Code may apply as wel l.

45 Apri16,2010 l:filedhJocfileslordlwin:less anten'''l or(Vwirciess antenna urd FlNAL (with diagram5) 040610 witli Planning Adllitiuns - 3

Table 30.14 - A

MTXED USE ZONING DISTRICTS AND PERMIT IU:QUTREMENTS

LAND US E (1) (2)

Accessorv Rui ldinl!.s, s Iructures llllli US('S 11'11)

Acce~~ory buildin~ and struc tures Acce.~sory uses P Anlennas (pole I)'PC) P Fc~s (frecslanding, l1on-molorized, portahle

I' t)'~} Dish anlcnnm; P ~~lC occupation

~ I' Solar energy cqu-ipmcnt I'

[ n.. 1 U 11 5 I U IO li a ses I los iluls P Placcs of worship C 8<:110015, physical instruclion P Schools, privale C Schools., privale sJ)l:cializcd cducation and p Irainin.tt

Recrc!llion

Communily gardens.. operated by a non-profil I'

organization G):'ms and heallh clubs C ~~~or rccrcation ccntcrs C ~~clUh5 C ~;or commercial rccrealion C Private clubs and lodges C Puhlic danc~ P Taverns C Theaters C

Kev to p ermil RCQUlremel1ls

Pemlilled usc

Condi tional usc - Conditional Usc Permit requi red.

~lPOT1lry Use

Usc not allowed

Notes: (I) Sec 30.03.0 10 regarding uses not listed (2) See 30.70 for defini tions oflhe land uscs

I' I!:RMIT REQUIREMENT BY ZONE

IM"U-Il. SFMU

P I' P I' P I'

p I'

P I' P I' P I' I' I'

I' P C C P P C C

p p

p I'

C C C C

C C C C I' P C C C C

Svmhul

P

C

T

46 J:filedldocfilcslordlwird css antenna ord/wireless antenna ord FINAL (with diagrams) ().106 10 w;lh t'lanning Additions· 3

See

s~~

SI!ludards ill Scction

30.34.040

30.]4.050

3~~#-3().~

-

~

-

-

c . haptcr

30.42

April 6 , 20 10

MiXED USE ZONING DISTRICTS AND PERMIT REQUIREMENTS

LAND USE (I) (2)

M:l nurllctnring anti Processing IMU Backlots/ouldoor facilities production " Ilroadca!>1ing studios and indoor support

I' facilities - production HCQV maIlufacturing P Laundries and dry cleaning plants " Li ht mrumfacluring r " Prin ting, Eublishing and lithographic services " Research and dcvclopnu:Ilt I' Soundstages production I' Wa.rehuusing I' WholcSillin·

" Resident ial Uses

Domestic violence shelter " Conversion ofa livdwork un;llo entirely C

residential Of entirely business lise: Emergency shelter located grealer than ) 00 feel from lhe ROS, RIR. R I, R.3050, R-ZZ50, R-

I' 1650, R-1250, SFMU, e l , e2, C3 or DSP zones Emergency shdler located less thall 300 feel from the ROS, R IR, RI , R. 3050, 1{-2250, R-

C 1650, 1{·1250, SFMU. C I, C2, C3 or DSP zones MUltiple rcsiikntial dwelling units &:nior housing Residential Congregate Care Facilities C ~~ential Congrcg;ltc Care ~aeilitie. Limited Reti rement and rest homes

Key 10 Permit Requiremenls

Permit1ed use

Condit ional use - Conditional Usc Pennit required.

Temporary Use

Usc nol allowed

Notes: (\) Sec 30.03.01 ° regarding uses not listed (2) See 30.70 for definitions of the land uses

PERMIT R I!:QUIREMENT BY ZONE

IMU-R S'FMU

C C

" P

" 1'(4) I' 1'3 4J

1'(4) I' 3 <) P

'" P P PH

" 1'('

I' P

C C

C I'll) C 1' 5 C C

I' C

Sy mbol

P

C

T

See SI:lndfi rds in Section

See C hapler , -

30.42

(3) If gross floor Brea of the building is 10,000 square feel or les,s and usc is indoors; if greater than 10,000 squHre feel andlor usc is outdoors, a conditional use pennit is required.

(4) Requires a conditional usc perm it when eomhined in a mi:<ed·use development which includes residential. (5) When fronting San Fernando Road, Broadway, or Culorado Street, only allowed liS mixed-usc projects with

cornmcrei.tluscs located alung the street rrontage as required in s~eclion 30.34. 100,

47 April 6,2010 J : fi1edldocfiles/urdlwirclc~s antenna ordlwireless antenna urd FINAL (wilh diagrams) 040610 wilh Planning Additions· J

MIXED USE ZONING DISTRICTS AND PERMIT REQUTREMENTS

I LAND USE ( I) (2)

Miu~ t1 - use denlonments IMU Live/work ullits C

~\\Iork units with conditionally permitted C uses

Mixed-use development provided that all uses lITe pennittcd in zone which the project is located Mixed-usc development when:: at least one usc

C(5) is conditionally permitted

R t 'I T d U e a. ,., , '" Alcoholic beverage sulo::s C(6) Automobile supply .<;lores P Banguet halls C Building nllllcrials, supplit' salo::s and service P Chrisl IlJaJ' tree sales lOIS, when ffi<linlained

T between November 151 and January 9'" Fireann& weapon sales P Ilan.lwurc stores P Jcwc!ry stores I' ~rston:s C Nurseries anti garden sUeP.1ics P I'aiol and wallpaper slo~ P Phannacy P Pumpkin sales lOIs. when maintained between

T October 15th lind November \st. Restaurant , counter service with limited scatin P Restaurants, fnsl food P Restllurant& full service I' Retnil stores, general merchandise P spas and swimming pool~! sales and service P Su ermarkcts P

Kev to I'Cfmit R ,eQmrements

I'ennined usc

Conditional usc - Conditional Use Penni! required.

Temporary Usc - --Usc not allowed

Notes: (I) See 30.03.010 regarding uses not [isled (2) See 30.70 ror definitions orlhe land uses

" ERMIT REQUIREl\1F...NT BY ZONE

IMU-H SFMU C P(J

C C(3)

P(3)

C C

C 6 C6 P C I'

T

I' P P I' C C P I' I' I' P

T

I' P I' 4) P4)

I' P P I' P P I'

S "' .... Vln 0

P

C

T

S" Siantl:wds in Section

5,44

5,44

S CI " III lter

30.42

(3) For lots having frontage along San Fernando Road, I1roochvay. and Colorado Street., livt/work and manufacturing and processing uses shall not be on the ground floor fronting these streets.

(4) No drive-Ihm racilities pcnnitted. (5) TIle only dwell ing uni~ pennit1ed are live/work unilS. (6) CUP not required for supennarkets with 20,000 square fcct of floor area or greater

48 J:fiIedldocfiles/ordiwin.:l\!Ss antenna ordlwirclc.~s antenna ord FINAL (Wilh diagflUlIS) 0406[0 lI'ith Planning Additions - 3

Apr;16,20 10

MIXED USE ZONlNG DISTRICTS AND PERMIT REQUIREMENTS

LAND USK ( I) (2)

Retai l T l'utle Uses cont IM U Vehicle sales,leasing and ren tal agencies, including new and used automobile.", p moturcycles, light tnld,s, rt:crcational vehicles IIlId hoots Vehicle sales, leasing and rcn tal llgcndcs, including new and used automobiles, motorcycles, light InH;ks, recreational vehicles and boats exist ing prior \0 September 12, 2(J06, including a one-time CXPllllsion on the ~a ll1c 101 of up to 20 ~rccnl of floor area. Expansion of vehicle sales, leasing and rental agencies, including new and used automobiles, mOlon.:ydcs, light trucks, recreational vehicles and ooal<; existing prior to September 12, 2006, when proposed expansion is on the same 101 as the exisling facility and is greater than 20 pereenl oflhe floor area existing prior to September 12, 2006, or for any new radlities on separate or non cOlltiguous lOIS

Sc U e rVlce s s

Ambulance services P Hanks and financial institutions I' Body shops and painling hooths I' Business support services I' ~~es (full or sctf service P ~rect:nlers P EcIui ment renla[ E!ds P (jas stations P [Ieating and (lie condilioning sales and service IWAC)

I'

I lote[ and mOlds C Kennel, aninm[ bi..l(1fuing and daycare 1" Ma~!>llge services C Medical and denial laboratories P Mortuaries and funeral homes C Movin and storage services P Pawnshops P Personal services P ['et ~rooming P

Key to Permit Requirements

I'ennincd use Conditional use Conditional Usc Pemlil required. Temporary Usc Usc not allowed

Nole.<;: (I) See 30.03.010 regarding uses nolli51OO (2) Sec 30.70 ror definitions oflhe land uses

PERMIT REQUmEMENT BY 7..oNK

lMUR - SFMU

p

I'

C

I' I' C

P(3) P I' P P C P I' C

P

C C 1'(4)

C P P C P P P P P P

Symbol

P C T

See Standar ds in Section

30.34. 160

-

30.3'1.160

30.34. 160

-

'" 30.34. 150_

-30.34.030

30.34.~

30.34.070

-

See C hapter

30.42

(3) Require.<; a condition(l l usc pcmtit when combined in a nili:cd-use development which includes re.~idential. (4) Not to be located nearer than 200 feel 10 the RI , R IR, ROS, R-30S0, R-2250, IU6-50 and R-12S0 zones ir

use includes outdoor facilities

49 Apri16, 20 10 J:fiJed/docfilc.vord/win:kss IIntcnna ord/wireless Hfltenna ord FINAL (with diagrams) 040610 with Planning Additions·)

MIXED USE ZONING DISTRICTS AND PERMIT REQUTREMENTS

L.AND USE (I) (2)

Service Uses conI. IM IJ Repair ~lnd maintenance, consumer rulluct.'! P Storn c personal facility P Storage, outdoor radi i!}:: l' Tire stores l' Towing services and ill]pound yards C Vehicle re ai r arngcs P

om e Uses " ~llclor's omce andlor slm'a 't: temporary T

Medical find denial offices P Offices P Office, consumer services l' Veterinary offices, including hospitalization

I' scrvices

Tnlllsporial ion and Communica tions Uses

Parking loUslmclure fuci lities I'

Utility and transmission racilities C

Wireless tckcnmmunication;i fitci lilic:s PW

Key to Permit Requ irements

Pennined use

Conditional use - Condi tional Usc Permit requi red.

Temporary Use

~~i[,"lcss TelecoillmlJ!li!ti!!iun.~ facilities PelJlliLB..gj,l!i.ru!

Usc nnt allowed

Notes: ( 1) See 30.03,0 I 0 regarding uses not listed (2) Sec 30.70 for definit ions of the !lUld llSeS

PERM IT HEQUIREMENT 8Y ZONE

IMU-R SFMU 1'(3 PQX4){S)

P C

P(3)

T P P P I' I' C

"

I' C

C C

P-~ PlY

Sy mbul

I'

C

T

IV

See Sl!mdarils in Section

--

30.Jtl.HO 30.34.145 30.34.150

-

30.32 30.51.0~

.= lQ.1liJU,;J4,.I·

+<I

See C hapter

30.42

30.48 _

(3) I~equircs a conditional use pernlit when comhined ill a mlxed-u.'>e dellelopment which i nclud~

residential. (4) If gos. .. floor area of the building is 10,000 square fcct or less and u~ is indoors; if greater than 10 ,000

square feet and/or use is outdoors, a conditional usc permit is required. (5) For upholstery services it shall include furn iture only, no vehicle

50 April 6, 20 I 0 J:filcdldocfileslordllVi rd css IlJ1lenna ord/wireless !lntellll!l ord FINAJ, (with diagrams) 040610 with Planning Additions - 3

SECTION 18. Seclion 30. 14.030 of lhe Glendale Municipal Code, 1995, regarding Mixed Use District general development standards, is hereby amended to read as follows:

30. 14.030 - Mixed Use Dist.-ict General Development Standards

Table 13.14 - B

MIXED USE DISTRICT GENERAL DEVELOPMENT STANDARDS

Requil'f:mcnt by Zoning District

I)cyc!opment I" cllt urc IMU fMU· R I SFMU

Minimum Lut Sizc Minimum Jot area lwd width required ror new parcels -

I I -

Area JO,OOO square fect 10,000 square feel( l ) 10,000 square fect

Width 100 fect r- 35 dwelling units per Itere when abulling the RI , RIR or R~ zones; 87 dwelling units pcr acre when abutting the R.30S0, R-

Ma~ imulll Resiclentill l NfA 2250, R· 16S0 and R- 1250 zones; 100 dwell ing units per acre when Density nol abutting the RL RtR, ROS, R-30S0, R·2250, R-1650or R-

1250 zone; propertit:s stparaled by an alley shall be considered as abutting

-Min imum Set hllcks Sec St:ctioll 30.14.050 ror sctback exceptions

Requi red None (2)

St rcel Front and Sireet 10 rcct at !;omer o r an illlen;c::ction. (3) Side - -

None -

Interior 15 feet lor lhe (i rst two slOries when uhuuing an R I, It I R or ROS 7.one and 25 leet rur the lhird story. Setbacks arc measured from the residenlial property line and may include inlt:TVening alleys. (4)

~lIing a residcnlill l zone I)islll il ce Betwecn NfA

Dwellings

~ximum lJeight Li mits 36 reet <lnd 3 stories, when IIbulling the RI , R I R or ROS zones;

ill l'rimAry " uildings And SO feet (6)

60 feet and 4 stories when abutting Ihe 1t·30S0, R-2250. R- 1650

Struc;lures lind It -12S0 zones; 75 feel and 6 stories when nol abutting the

It I, Ri ll ROS, R-J050, R-2250, R-1650 or R- 1250 zonc. (5)(6)

Accessory Structures NfA

( I ) Minimum lot size for multi-ramily lievdoprnent. The minimum 101 size in tht: IMU-R zoning dislrkl shall be 15,000 square reet (or new multi fllmily housing development.

(2) Minimum setbacks. In the IMLJ, lMU-R and !jFMU zoning districts, there arc no setbacks required rrom the strcel property line, except as rcquiro.:d (or corner cutoffs lit intersections. If setbllcks arc provided, these arcas shall only be used ror landscaping and aelive pcdestrian areas (e.g. , pla7lls, outdoor dining). Surrace parking lots and vehicle acecssways such as drive-through lanes shall nul he located in thearca between a stret:l property line and II bui lding. All street ooja!;cnt parking shall be stt back a minimum of 5 reel and the setback IIrt:a slmll be fully landscapcd.

(3) Corner cutoff at intcrseetiun. In order to maintain visibi li ty at intersections and to provide ar!;hitt:clural inlerest ror bui ldings at comer lotations, buildings shall provide a lO-rOOI minimum comer cUloIT and shall have an entranec to Ihe bu ilding from Ihis area. TIle minimum !;uloJI area shall be a trhUlgular area thai is determined by measuring 10 feel back from the comer along both street property lines and drawing a line between the two points.

5 1 April 6, 20 I 0 J:fiktlldocfilcs/ord/win::lcss antel1ll3 ordlwirclcss antenna ord HNAL (with dillglams) 040610 wim Planning Additions - 3

(4) I.andsellped bulTer within setback area. I.andseaped buffer required. A nlinimum 5-1'001 wid..: land~ea l>cd buffer slmll bc provid~ on the subj..:et property adjacent to lilly residentially wned prol>crty or int..:rvening alley rcg~l rdless or the actual Imilding sctback Lhat is provided. A IimdS(:aped bulTer i ~ nol rcquirt:d adjacenlto all alley at an:as where direet vehicular access is provided to the subjL'C1 property.

(5) A mczzanine shall not be L'Onsidered it story. Sec Chupter 30.70 (Ddinitions). (6) Enclosed or S(:reened rooftop cquipm..:nl not exc..:..:ding 5' in height above the roor o r it building shall nut be computed as

part or the height of Ihe building. Elevator ~hafis lind rooftop stll irwdls not cxceeding 15' in height above the roof or a building shall not b..: computed a~ part of the height of the building. S..:e CIHI]>lcr )0.70 ( Ddilliliot1~).

(7) 1'01' c"c~,pt ion s 10 height li mits for wirclIWs telc:cllmmunipaiolls radli lic!', sce Ch;mler 3U..!X.

52 Apli16,20 10 J:fi1edldocfileslordlwirclcss 3ll1ennll ortVwin:lcss antenna ord fi NAL (with di3grams) 040610 with Planning Additions · J

MIXED USE DISTRICT GENERAL DEVELOPMENT STANDARDS

- Rcqll ire nu~ nl by Zoni ng District - I Development Fea ture IMU IMU~R SFMU

La ndsca ping NfA Minimum IO% orlo[ area (See Chapler 30.3 J ror additional

-requirellielUS) -

Fences li nd Walls Sec Section 30.30.010 (Site Planning) -

Rooftop equirml enl Sec Section ) ().30.020 (Site Planning) f--- ~

Lighting See SCClion 30.3U.040 (Site Planning) ~

Trash Collection AreAs Sec Section 30.)0.030 (Site Planning) t-- ~

Pm'ki ng and Loading 1\5 required by Clwpter 30.32 (pnrking and Loading) r- -

Design J{cviclV As required by Chapler 30..17 (Design Review)

53 Apri l 6, 2010 J : fi1cdldocr,lcslordlwin::lcs~ antenna oTd/wireless antenna ord FINAl. (\'~Ih diagrams) O406LO with Planning Add it ions -]

SECTION 19. Section 30.15.020 of the Glendale Municipal Code, 1995, regarding Special Purpose District land uses and pennit requi rements, is hereby amended to read as follows:

30.15.020 - Special PUI'pose Dish'jet Land Uses and Permit Rcqui!'cments

A. Permitted Prima ry Uses and Structul'c,'i. No building, structu re or land sha ll be used and no bui ld ing, st ructure or lise in the specia l purpose zoning d istric ts shall be erected, structural ly al tered , enlarged or estab lished except the fo llowing permitted uses, bui ldings and structures iden tified wilh a "P" in Table 30.15 - A.

B. Conditional Uses and Sh 'Delures. The following uses and stru ctures ident itied with a "C" in Table 30.15 - A may be permitted in the special purpose zon ing districts subjecllo approva l ofa conditional use penn it (Section 30.42). The development standa rds of this zone shall apply except as otherwise provided herei n.

C. Tempol'ar)' Uses. Temporary use!'; (identified with a "T" in Table 30.15 - A), a llowed subject to approva l and com pliance with a ll applicable prov isions of this Zon ing Code.

D. Permitted Acces . .'mry Uscs and Structures. Accessory uscs, buildi ngs and stmctures sha ll be pcrmitted in zones identified with a "P" in Table 30. 15 - A.

E. Wi reless Telecommunications Faci lities. Wireless tc lccol1ul1unicat ions facilities. identilred with a "W" in Table J O.15*A may be permitted subiect to the approval or a wireless telecommunications fac ility perm it as set forth in Chapter 30.48 of thi s Code.

Ef.Standards for Specific Uscs. Where the last column in the fo llowi ng tables ("See standards in Section") includes a section number, the regulat ions in the referenced section apply to the use; however, provisions in other sections ofthis Zon ing Code may apply as well .

FG. Uses not L isted. In the CE and CEM zolles on ly, land uses that are not listed on Table 30.15 - A, or are not shown in a particu lar zoning di stric1 are not a ll owed, except where other uses which the Zoning Administrator determ ines to be simi lar in nature, function and operation to listed pelm ined primary uses with in these zones.

54 April 6, 2010 J:filed1docfileslocd/wirelcss antenna ord/wireless anlcllIIa ort! FINAL (wi[h diagrams) 040610 \\,iU, Planning Additions· 3

Table 30.15 - A

SPECIAL PURPOSE DISTRICTS AND P ERMIT REQUIREMENTS

LAND USE (1) (2)

Accessorv IJses nud Structures CE

Accessory Use P Antennas (22le IY~l and fiageok-s I' ~i.toriums ~~aker's res idenccs. I' Cm, Dish antennas P ManufaclUring of cOlllaincrs for caskets, n::main~ and flowers Museums Nurseries and gurden sueelics Sib 'liS P Solar ene e( ui ment P

A ·rkultllre, 0 len S ace, and Resources

~piafJ~·'"'::c",=:::c o cn s aedconservation areas

Education, P b " • lie AssemIJl y, I ccrcation - Genera l

Am hilheaters Auditoriums Places of worship existing as of September 26, 2006 Recreational C3U'!I!S

Rilling academies or stables Stable.~ including boanling of horses, Sil le or p exchange ofhorscs and horse renlals. Swimmin ools

It:tiucnilOI1 p bl R uhhc Asscm 'I V, ecreatlUn - with III a " " P bl' P Amphitheaters

...!1quariums ~rC:lums and botallical gardcns

AudiloriUlllS Aviarics Bandstands Community center Communi~ gnrdcns Convention ceflCe rs

Key 10 p . R ernul :equlrements

Permitted use

Conditional use-Conditional u~ Penlli! required.

Temporary Use

Use nol allowed

Notes: ( I) See 30.03.010 regarding uses not listed (2) See 30.70 for definitions of the land uses

PERMIT REQUIREMENT SY ZONE

CEM SR

P I' I' I' I' P P

P P

p

I' P P P P P

I' I'

P P

p

P P '3)

P

",k I' P I' I' P P P P P

S bl ""ylll • P

C

T

S"

S" Standat'l.ls in Section

-

30.34.0'10 30.32.050

30.33

c , ha ptcr

30.42

(3) Not to be localed nearer Ihan Y.. mile 10 the RI , RIR, ROS, R.3050, R~2250, R 16·50 and R· 1250 zones on which there is no H overlay zone.

55 April 6 , 2010 J:fi1c:d1doclilesiordlwirclCS5 antenna ordlwi rclcss antenna ord FINAL (with diagrams) U406 10 wilh Planning Additions · 3

I

SPIlCIAL PURPOSE ZONlNG DISTRICTS AND PERMIT REQUI REMENTS

LAND USF. (1) (2)

Educatilln, P ublic Assembly, R ecrealion "thO I) bl'e P rk 0 It W , 1II 11 "

, "

, , CE Day Care Golf courses, countl)' clubs., driv ing ranges and related facilities Gymnasiums Libraries Local fairs Museums Observatories Parks and p]a>.:ground& public Public dances Rccrcalional eam~s

Ridill academies or stables Swilluning pools

Il. I "I V '" ses Alcoholic beverage sal t:S, serving, or consumption wilh ill any usc pcnnilled or ~iliona ll>, pcrmilletl in the SR zone

Christmas tree sales lots, when mainlained T

between November \" and Janu~ 9'h Pumpkin sales loIs, when mainlained between Odoocr IS'h and November l )j

T

Western retail and supply stores P

s u • el"Vlee '" Cemeteries ~~trd(;tor.; office and/or storage" T

Kennel and animal boarding P Sanitary landfi lls and related rewvery of materials

T 0 'Ialio I I e m lIullicatio U rans I , , ani " ,

'" .~es

-.!:!!ili.ty and transm ission faciliti e.<; C

Wireless contlllunicalion~ facilities. PW

K ey 10 ernul R ;eqUl rcmcn s

Permiued use

Conditional u~ - Conditional LJ~ Penni t rcquired.

Temporary Use

~V i rde.~s TclkS;!:!lllmunicatioIlS Eill<ili lil<:! I'!t:nnit Regyiroo

Use not allowed

Notes: ( I) Sce 30.03.0 I 0 regarding uses not li sted (2) See 30.70 for definitiuns of the land uses

56

PERMIT Il.EQumEMENT BV ZONE

CF.M > SR C

r P I' I' I' P P C P P P

C

P T C

C

C C

PW P.\Y.

S b 1 or"' , l'

C

T

lY.

J:fi lcdldocfikslord/wi rclc:ss antenna unVwirclcss antenna ord FINAL (with d iagraI1L~) 040610 Witil Planning Additiolls" 3

S .. S iandllrds " I Seefo "

, ,

- --

-

S.44 -

5.44

--

~ ,1{)'-)4;-I-1(1

S C1 " ulpler

30.42

:ill.1II -

April 6, 2010

SECTION 20. Section 30.15.030 of [he Glendale Municipal Code, 1995, regarding Special PUiPOSC District general development standards, is hereby amended to read as follows:

30.15.030 - Special Puq)ose District Gcncnll Dcvclol)ment Standards

Table 30.15 - n SPECIAL I'URPOSE DISTRI CT GENERAL DEVELOPMENT STANDARDS

" Rcqll iremenl by Zoning District

Development ','c:llu re 0 : C I!:M SR . M inimum Sile Sil t N/A 20 acres minimum N/A

Miuirmllll See 5.2cction 30.30.050 for setback exceptions N/A Sclbll.cks Refill ir ed I-

25 fect N/A NlA

Street Frunt 5 fect N/A N/A

Street Side None N/A N/A

Interior

MaximullI lI eigh! Limi ts 35 feet N/A N/A

ill

Landscaping As required by Chapler 30.3 1 (Landsc<lping) N/A

Rooftoll clluipmenl Sec Chapler 30.30,020 (S ile N/A N/A

PlallninJ~)

Lighting See Chapler 30.30.040 (Si le N/A N/A

-

Plruming) -T rash Collecliun Arens

See Chapter 30.30.0}0 (!:) itc: N/A N/A - - Plannin!;)

Pa r king lind l..o :uJ ing A~ required by Section 30.32 N/A N/A

(ParkinJ,!: ant.l l .oadin~)

A~ required by Section Design Ik view As required by Chapter 30.47 (Design Review) 30. 15.040 (E) Development

Pilm review

! I ) For !; 1i!;~ plioll s to hciglll li mj l~ 1'1)[ wirdess tclccommullic ati2!l~ fill:ilit ics. see !',';b' I!l!!:f J().4 R.

SECTION 21. Sect ion 30.15.040 of the Glendale Municipal Code, 1995, regarding special purpose district general development standards, is hereby amended 10 read as fo llows:

30.15.040 - Additiolllll Special Purpose District General Development Standards

A. Limitations and Exceptions to Permitted Uses and Structures in the CE Zone.

I. Notwithstand ing any other provisions of lh.i s chapler, the following li mitation shall apply to th~ conduct of any use permitted in the CE zone. All uses except the rid ing,

57 A pr il 6, 20 10 J:IJlcd/docfilesiord/wi rcless antenna ordlwirch:ss anlcflIl~ ord FINAl. (witll diagrams) 0406 10 with f>llIIlIling Addiliom · 3

exercising, grooming or training of horses, parking, Christmas tree lots, pumpkin sales lots, provision and storage of shopping carts and vend ing machines, subject to very specific standards contained within th is chapter, sha ll be conducted entirely within a completely enclosed build ing which is allachcd to a pelmanent foundation. Therc shall be no outside storage of too ls, equipment, supplies or materi als.

2 . Shopping eart storage shall be located adjacent to the entry of a bu ilding and shall be screened with a minimum th ree (3) loot, six (6) inch high solid wall/fence or combination of fence and landscaping to obscure the visibi li ty of shopping ca rts [rom the adjacent public rights-of-way. Where the zoning administrator, in hi s/her discretion, determines that screening interferes wi th the cart removallretri eval "opening" given the uniquc locat ion ofthc build ing (e.g. , comcr structure where cal1 storage may be visible frOI11 two (2) or more intcrsecting public ri ghts-of-way), the 7.o ning admini strator shall exempt the "opening" from the screening requi rement and sha ll detenninc the orientation, location, size and configurat ion of the unscreened "opcning." Shopping cat1 storage shall not intrude into any required pedestrian passageway or public ri ght-of-way. See 30. I 5.040.A.4 regarding shopping cart containment and control.

3. Onc ( I) outdoor vcnding machine shall bc permitted for each tlu·ee thousand (3,000) square feet of site area up to a max imum of eight (8) such vending mach ines per site. Vending machi nes sha ll be attached to or located immediately adjacent to a building. Outdoor vcnding machines shall be accessible and shall not encroach into any requ ired pedestrian access or walkway. For the purpose of thi s section, vending machines shall not include coin operated amusement devices, ridcs, sCHies or similar devices. All signs 011 an outdoor vending machine sha ll be regulatcd by chapter 30.33 of this titlc.

4. All shopping carts shall be contained or controlled within the boundaries of store premiscs, in accordancc with the standards set forth in Scction 30.12.040.A. I.g.

B. Performance Stamhlrds for the CI~ Zone.

1. I'urpose. in accordance with thc goals and precepts of the comprehensive genera l plan of the ci ty, environmental perfonnanee standards arc hereby established to protect the community [rom hazards, nuisances and other negative factors; to ensure that land uses are not operated in such a manner as to cause a detrimental effect on adjacent land uses or the community enviromnent ; and 10 preserve and erulance the lifesty le of Glendale residents through the protection of the public health , safety and general welfare. The following guideli nes shall be cvaluated on the basis of whether or not the activity is obnoxious to a person of normal sensitivity.

2. Genera l provisions. No land, building or structure in the CE zone shall be used or occupied in a manner so as to create or maintain any dangerous, injurious, noxious or otherwise objcctionable condition caused by dust or other [ann of air pollution; noi se; liquid or solid refuse or wastes; or any other substance, condition or element used in such a manner or in slich amount as to adversely affect the sUlTound ing area or adjo ining premises.

58 April 6, 20 I 0 J:filcdidocfilesiordlwirclc.'iS antenna ord/win:lcss antenna ord fiNAL (with diagrams) 040610 wi th Planning Additions - )

a. Oust. Windbomc dusts and debris across lot lines sha ll be prevented by planting, wetting, compacti ng, paving or other suitable treatmcnt of land surface; storing, treating or enclos ing materials; controlli ng sources of dust and debris by cleaning; or such other measures as may be required.

b. Odors. No odorous material shall be permitted so as to be obnoxious to persons of normal sensit ivity as readily detectab le from un·-site.

C. General Provisions in tbe CEM Zone.

No person shall bury or inter, or calise to be buried or intelTed in the city, the body or remains of any human be ing except in the CEM cemetery zone.

D. Landscaping and Screening in the CEM Zone. In the CEM zone, Cemeteri es shall be fenced or enclosed with wa lls or other appropriate fences a minimum of fi ve and one-half(5 112) feet in height. When the property li ne of a cemetery is adjacent to residentially zoned property, it shall bc of masomy or masonry facing . Cemetery boundaries not adjacent to a resident ially zoned property may be fenced with appropriate landscaping and sluubbery to provide a sight-obscuring boundary. The principal entryways to cemeteries shall be clearly defined by archi tecturally treated ent ry gates and gate structures. Any space bctween a public street and a so lid wa ll or fence shall be landscaped and permanent ly mainta ined. Such area sha ll not be used for interment.

E. Regulations in Major Ridgclinc Areas, Secondary Ridgclinc Areas, and Dloe-Line Stream Arcas.

All sulxlivisions, development, building, construction , and grading in the SR Zone shall be regulated by sSections 16.04.030, 16.04.003, and 16.04.037 of thi s Code as related to major ridgeline arcas, secondary ridgcline areas, and blue-line stream areas. Any exception to the standards contained in these sect ions shall on ly be made by the p.E.lanning e~onlTni ssion/e~ity eCounci l at a public hearing.

F. Development Plan Review.

The following regulations shall apply to areas within the SR Special Recreation Zone.

1. The plans for any site development or [or any building, construction, expansion, alteration, or for the increase or decrease of any existing area, or area to be acquired and developed for any permitted private or accessory use sha ll be submitted to tIle pflanning c,Commission for review. fefawplications which involve wirclcss telecommunication.§ facilities vihich da-net prepese en locat-ian offaci lilies, the applicant-shall submiHl-Sltl6y ffi-l-he time or np)tlieatien tiling whieh includes dell:li led analysis nddr-esstllg 1:111 feasible prccJ(isting tllllennfl support-struetll rcs find preexiating buildings or slruetUFes-sh<l11 comply and be des igned in accordance wi th the standards specified in Sect-ioochaptcr 30.4834 .170 of thi s codet-i-t-le._ The elDi reetor of pPlanning shall sct a public hearing before the pflanning e~ommission._ The dDireetor of ~r.lanni ng or eCity c~lerk shall

59 April 6. 20 I 0 J:fiIedJdocfi1e$/ord/wireless an(enna ord/wireless ~n(enna Ord FINA l. (with diagrams) 040610 with Pl~rrning Additions· 3

give notice orthe public hearing to be held by the pflanning e~oll1ll1iss i on._ The not ice of the public hearing shall contain the date, time and place of the hearing and a genera l descript ion of the proposed development and shall fo llow the requirements of Chapter 30.61 - Hearings and Public Notice.

2. Development plans shall be rev iewed as to the ir conformance with the comprehensive gcnera l plan, public access and circu lation, effect oftlll:: design and construction of buildings, facilities, auxiliary uses and general plan o f development upon the ex.isting or p lanned uses and development of lhe surrounding private or public property, and the recreational object ives and services bei ng offered to the public. For applications involving wireless telecommun i eat ion~ facilities, the pflann ing e.(ommiss iol1 shall also consider specific physical or tcehn ical factors which make inleasib le the use of or colocation upon a preex isting antenna support structure or preexisting build ing or structure.

3. Development plans sha ll be approved, approved subject to conditions or denied by the pflanning eCo11lll1iss ion. Cond itions of approval may include, but shall not be li mited to the fo llowing areas: setbacks, heigh t, landscaping, access and circulation , parking, archi tectural design, s ite design, layout and configuratio n, hours of operation, security, buflering and screening techniques. The decision of the t"flaIU1ing eComrnission may be appealed to the eCity eCouncil pursuant to the provis ions of eChaptcr 2.88 of this Code relating to lhe unifonn appeal procedure.

4. The Director of Plan ning shall have the authority to modify approved landscape plans when modifica ti ons arc consiste nt with Cali foll1ia-fr icndly plantings or Ca lifornia-friend ly landsca ping as defined in Sect ion 13.36.040 of lhis Code.

SECI'ION 22. Section 30.25.050 of the Glenda le Municipal Code, 1995, regarding historic district overlay zone des ign review, is hereby amended to read as follows:

30.25.050 - Historic District Overlay Z one Design Review

Within the historic district overlay zone. neit her theNe demoli tion, new construction, addition or alteration of exterior architectural features. nor the installation of wireless tcieconUllunications facilities visible from the public right-Dr-way within the hi storic district ovcrlay zone-ffll properties within the hisoor-ie dist rict overla)' zene may take place without the approva l of the Historic Preservation Commission or the Director of Planning. as applicable. No BHflding pcnnits shall be isslled prior to such an approval for projects subject to review under this secti on. Any bttiliIiag-pcrmi t &f-5tloh other permit issued that is not in conIonnity with thi s section shall be considered void from its inception. Application filing, rev iew, notice, and appeals shall be conducted pursuant to Chapters 30.41 , 30.42 and 30.47 or this code.

SECTION 23. hereby repealed:

Section 30.34. 170 of the Glendale Municipal Code, 1995, is

30.31.170 WiFeless Teleefllllmu.ni(!ations Faeililies A. Purp6se.

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April 6. 2010

+J:te-.purp()~e erlhe regulati~aptef-is to protect the public-health, ~ulel y , general v.re4-fare uEld 10 provide \vi re-less-telecommunicfllion ~erviee to the-community in a sate, eft'eetive and efficient malmeF-:

B. Aestheties-;

+I:le lello l'~'ing stondord-s-slffi-I-I-ttpply unless Icund b)' the direet()r-ot:I'~8flHillg or the design reYiew boer€! that-physicu-l-er lechnienl-eetlSideffllions would-preclude-ttdhercnee to said st-ander€!s. The olllenHuS-ana--5upJ*'Ring-slftlelttre anei equipmcnt-shull be a color which in Itle &pinion of tile director of planning or the design reyiew bourd, blends the Bntennm; to the ttOffifa·l-setti-ng lind built environment and helps eOB-1oHfutge the roeility. A~I-grellnd mOllnted eEtU-i"ment-shalJ be completely screened aMfef-GOlllOunagetl li·olll publiG-view~--A-I-I

eEtH~:H-nenl and appurtenllllces necessary fOHhe-opeml-ion or Oil)' wireless-telecommuniclltion services are encouraged 10 be located within n pt'ee*i-sting stTul;:\lltre or below grade. When a new sln:lct'l:1re-i-s-rcqui--red to hOllse SllCh C(luiplnent, sueh~stl'U(.""~HOlliotlS-w.jfft

tllld blena ",Yittl-the~nalttrulleatllres, und be eOAlpat+btc-with-buildillgs Ana st ructures sun'oHnEl ing sueh-slfttetttfe-;-

(;'-Ocsign Ret/ie',',. I~equil'ements-;

Alf.-wireless telecommunication fac~I-it-ies-sIUlII-(;!elllpl)' with the requirements tlS specified wi+ltifl-ehapter 39.47.940 of this title:

D. Jleight.

Height requiremcnts shall be as specified within ea€h-respeetive ?oning dislrict-:-

&-bightiug.

A:ntclUla Jighting sAaU-be-pl'Olubi!ed-i:n all zones e)(ecrt where-t:eEJuired by the I.'edcml :A¥iation Adminislrution.

F, Seclwity-ofWireless Teleeomnlunieotion-Facilitit."S':

I!:vcry wireless teleeemnumication lacilily find 8a.terUl8 supporl structure shall be protected ogninSll;lAl'ntt-hor:ized climbing or olher access by th6-J.,ublie. Bllrbed wire fencil1g-f)F-fftZt}f wire rene ing-shaH be prohibited.

G. C6 leeafioo-of-Fucilities-.-

Wireless leleeommurueat ion faci lities fire eneouraged to-be loculed en preexisting-antenna supflort struclures-erother preexisting buildings or strl:lctur-es:-

~sion-s.

-IIHhe event Olle OHtlore-anl-ennas, an antenna support st ru(.i{m-e,er related equipment are-Hal operated for the pro~ision of wireless teleeoflHHunielltinll services for a eentinnOll!; period sf

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twelve ( 1 ~) months or mere,sueh 81llel1l't6S;-flntennu suppe rt-struelure, and-related equiplHen~ l11a),!:Ie deemed 10 be abandoned. The owner-ofstlme sha ll-re move such item::; 't ... ilhin niHcty (90) elays fo llo ..... ing Ihe mailing or a wrinellllolice Ihal removal is requir-eti-:-Iflwo (2) OF

more providers of wireless teleeotrulllmiel:llion services use the antenna support slruCHire or rekttetl equipmcnt,-t-he 13criod ofnen-use under this sect-ion shall be mea~;ured from the eessu~i ol1 of oreratioR ollhe locatfon-by all sueh pmviders. l7a ilure to remo\'e shall €onst+1tlte 6-flub~ie Ilui san~

I. ARnuul-PerfonuRllcc Cel·tifieatioll.

Wirele:i5-lelecol11lllllllk.aations provider!) sl:!aU-submil a cert i-liealion 10 the director of planning, upon app lica lion and allmlOll~' thereafter, at su it! operator's eO~jl, By a qualified imlependent conl·roelor approved by-the director efpltlllning, which prov ides that-said pr-ov-ider's radio-frequency emtssiotl-leve ls Illeet F-edeffil COllmllmicnliolls COlllmi~ (F'GC) rCfJ uiremenls. All 'Nireless leleeomnnmication facilities which t=A il lo meet FCC radio frequency emission leveln :;hall be remedied within thirty (30) days ofrceei'lling noti ce 01" ~allre [rom the-Gi-t-y:-

J. Nan intel"fe.·cnee wit-h-'fde ... isian and Radio Ollcntlions-:

V,Iireless te leeonllllUll ieatieH5-j')l"Oviders shall ensure (hat the~F '.,vireles5 telecom munications faeilitics do-nat cause inteFference with recept-ion a i" area television or rad io operations ane:! shal l ensu re-continuous COAlplianee with federal and state I"effuirerncn t!i regar-ding interference with reception of such operalions.

:K:-Notifieatitlll of Cbange of OwoershiplGremttlF.

Upon assignment or transfer ora condi tionel use permit or any or the right!llhereunder to a new ·" .. ireless tel ecollliHunication operator, the aWtlcr or operulm shall provide written no t-iee within l·hiFt)' (30) days-lo-t·lle director of 1")lanning and the-permit sCf'Iices-t.ldmillistratof:

SECTION 24. Section 30.40.0 I 0 of thc G lendale Municipal Code, 1995 regard ing the authorization for initiation is hereby amended to read as [ollows:

30.40.0JO - Author ization for Initiation

A. Land Use Permits.

I . Applications for variances, administrative exceptions, conditional usc permits, wireless telecommunicatio ns fac il ilies pennits. des ign review, home occupation pennits, and Dens it y Bonus Housing Plan may be initiated by the verified appli cati on ofthc recorded owner or owners or the subject properly or authori zed agent thereof.

2. No varianec~ Of-cond itional use permit . or w ireless te leconununicat ions laci lities penni! which has been dellied in who le or in part shall be filed again wi thin s ix (6) months date

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of such denial except upon proof of changed conditions or by permission of the tlDirector of f3£ lanning,

n. Change of Zone, Amendment to tbe Zoning Ordinance, Text, Amendment to the Gener'al Plan, Special Street Setback Ordinance.

Applications or peti tions for a change of zone, amendment to the zoning ordinance text, amendment to the general plan or a special streel setback ord inance may be in itialed by either:

I. The verified application oflhe recorded owner o r owners of the subject property or authorized agent thereof, pursuant Lo the provisions of art icle XV, sect ion 2 orthe Glendale Charter; or

2, The council tlu ough its own motion,

SECTION 25. Section 30040.020 ufthe Glendale Municipal Code, 1995, regarding applicat ions for wireless teleconun unications faci lity pennits, is hereby amended to read as fo llows:

30.40.020 - Application Filing

A . Requests for variances, administ rative excepti ons, condi tional use pennits, wireless teleconununicatiol1s facili ties Qelmits and design rev iew shall be made on forms prescribed by the Director of Community PImming. Requests for setback ordinances or amendments to the General Plan, Zoning Map or the text of the Zoning Ordinance shall bc filed with the Communi ty P lanni ng Department. Applications and accompanying materials for variances, adm inistrat ive exceptions, conditiona l use permits, wireless telecommunications facilities permits, and design review shall also be filed with the Director of Planning. Req uests shall contain all infOimation necessary to evaluate the proposal includ ing but not limited to maps, drawings to scale of land and existing ancVor plmmed buildings, dimensions, descriptions and data. No request shall be accepted unless such sufficient information is provided.

B. Req uests shall also conta in:

I. for vmiances and administrative exceptions, a statement containing any facts, arguments or ground in support of tbe variance or exception which the applicant wishes to make.

2. For cond itional use perm its and wireless telecommunications facili ties permits, a ll inlormation necessary to demonstrate that all the requ ired findings of fac t exist with respect to the proposed conditional use perm it or wireless teleconullunications facilities pCnllit.

3. For genera l plan amendments, all informat ion necessary to demonstrate that the proposed general plan amendment is in the publ ic interest of the city.

63 Apri16,2010 J:li1cdldocfiles/ordlwireless antenna ordlwircless antenna ord FINAL (with diagrams) 040610 with Planning Additions - 3

4. For a change of zone or amendment to the zoning ordinance text. all information necessa ry to demonstrate that the proposed change of zone or amendment is in general conformance wi th the general plan. Where a proposed zone change is not in conformance with the general plan, a concurrent application for a general plan amendment shall also be made.

C. All applications shall be deemed filed aOer thirty (30) days un less the Director of Community Planning rejects such app licat ion, in writing, wi thin thirty (30) days after submiss ion, speci fy ing why the application is incomplete.

O. For Zoning Use Cel1iticates, i f a new Zoning Use Certificate has not been obtained within one hundred eighty (180) days after the initial application fee is paid, a new applicalion shall bc filed and another application fee sha ll be paid before a Zoning Use Certificate may be issued.

E. For conditional use pemlits, variances, change of zone, or amcndment to the Zoning Ordinance text or to the General Plan. or when it public hearing is required for a wireless telecommunications facilities permit, applicants shall al so submi t certified public notice mailing labels for all owners of real property as shown on the lalest equal ized assessment roll within a five hundred (500) foo t radius oflhe exterior boundaries of the rea l properly that is the subject of the hearing except that ifsuch property is owned by the same person or enti ty, the owners or contiguous rea l propel1y to that owned by the appl icant shall also be includcd, properly ownership map keyed to the mailing labels. If addi tional mailed notice is required, it shall be the responsibility urthe applicant to provide eel1ified pub lic notice mailing labels for all owners of rea l property as shown on the latest equalized assessment roll within an area determined by the Director of Conullunity Planning to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.

F. Special setback ordi nance requests shall also contain certifi ed public not ice mailing labels for all owners of rea l property as shown on the latest equalized assessment roll within the boundaries of the arca proposed lor special sctbacks and a property ownership map keyed to the mai ling labels.

G. In addition te the .... re<luifeHlents in Secliens A and B;-abovc, for allY eontl-ili&n.al-ttse pennit applictllion for wireless tclecelflfHuniealion lacilities leetuee within any residentiul JOOfle-the apf.llietllli 5118118150 provide-at-l-hc time ofappl ieatten riling 8 detailed smdy ooneerning sile IOCA tioll. Such study-shal l inc lude detailed-antilyses addressing-Hll-fctlsible a-ilCl'nate sites f)foviding-!'f)ughj.y.e(1ui.yelenl coverage ilHieu of a location wi~hffi.-a residential zone. l\ siudy shall also be provided at the time ofapplicatioll Ii ling for wire less teleeeltlmll l~ication facilities appl·ieatien which does "et-I:H'eposc eo locatio" of sffi4-pmpeI1ies. Such sludy shall inelude-detai~ed unalysis addressing all feasible preexislinf:,~nteIHla support structures ana-Pfe existing buildinf:,'5-6F structures provitl-ing rOHgRly equi¥aleflt eoverage. When a vurianee \veuld be necessar)' ifl eOlmeelioB with the conditional use-per-mit, all appiieulion for variance slml l ulso be required.,.

64 April 6, 20 I 0 J:fikdldodiks/ord/wircles5 8.n[0:1II11I ordlwir<:kss antenna ord FINAL (wilh diognuns) 0406 10 " 'illl Planning Additiolls , 3

liCi . Ap plications for design review shall be made on forms prescribed by the Director of Conullunity Planning and contain all infol1nat ion required therefore. The Director of Community Plalllling shall delennine whether the app licat ions and materials are complete prior to review by the review authority. An application may be filed for preliminary or conccptual review. Ilowever, approva l can only be obtai ned by fi li ng a complete app li cation for final review consideration. For the purposes of thi s section the term "review authority" shall mean the Design Review Board, the Glendale Redevelopment Agency, the City Council , the Director of Communi ty Plalming, the Director of Community Redevelopment and Housing or the Historic Preservat ion Commission, as applicable.

Inlonnation to be supplied for preliminary or conceptual review need not show fini shed details but shall include: site plan studies; the proposed site plan; reduced-size proposed site plan; general location of proposed improvements; location of adjo ining development includ ing, for projects in the R 1, R I Rand ROS wnes, tbe location of wi ndows; precise location, type, and size of ex isting trees on the site and within twenty (20) feet of the site on adjacent property; photographs ortbe site and surrounding propert ies; all building elevation views, which may be colored; reduced-size building elevation views, which may be colored; identification of the archi tectural style of proposed building or structure; a general descripti on o r the materials and colors to be used; a general description or statement conccrning proposed landscap ing; a general description or statcment of consistency with applicable city des ign guidelines; a general description of compliance with National I)ollution Discharge Elimination System (N PDES) requi rements; and, other info rmation as necessary to demonstrate the ex tent to which the proposed development is in keeping with the intent, purpose, and standards of des ign review.

Informat ion to be supplied [or final rev iew shall include in add ition to requirements specified [or pre li minary or conceptual review: a dimensioned si te plan; reduced-size site plan; building floor plans; reduced-size bui lding noor plans; rendered perspective; Sightline studies for hillside development , complete colored building elevat ion views; reduced-s ize colored building elevation views; samples of primary building materials to be uscd; cert ified public notice mailing labels [or a ll owners of rea l property as shown on the latest equalized assessment roll within a five hundred (500) foot radius of the exterior boundaries of the real property that is the subject orthe meeting, except that ifsuch property is owned by the same person or entity, the owners or contiguous real property to that owned by the app licant shall also be included; a property owncrship map keyed to the mailing labels; a landscape plan indicating the type, size (both size at planting and anti cipated size at maturi ty lor new plantings), number. and location of proposed and exist ing plants; as well as the materials and texhlre of all wa lks, wal ls and other features; and , other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.

Applications for design review pursuant to Chapter 30.4 7 involving new dwelling unit construction in the ROS or RlR zones shall be requ ired to provide a temporary frame. The Director of Community Plann ing shall have the di scretion to require applications for des ign review involving alI other projects in the ROS and R I R zones and construct ion of

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enclosed space above the firstlloor level in the R I zone to provide a temporary frame. These applications shall be deemed incomplete until such a temporary frame is constructed if sueh frame is required. The temporary frame shall , at a minimum consist of wood posts or other sturdy and rigid material at all co rners orthe structure(s) and at either end of all proposed ridgclines, with a taut rope of minimum 1123 inch diameter marked with triangular flagging connect ing the posts. All framing shall be constructed to the satisfaction orthe Director of Community Planning. Temporary frames must rema in in place until the end of the appeal period for a des ign review decision, or, when an appea l has been filed, until the appeal body has made a des ign review decision, plus any appeal period for that decision. Temporary frames must be removed wi thin 22 days of an approval, approva l with conditions, or denial decision, unless an appeal is filed, or wi thin 60 days of a rcturn for redesign decis ion, unless a new application based on a relurn for redesign decision is filed within 60 days. The Director of Community Planning may, upon showing of good eausc, approve an alternat ivc method other than the coostlUction of a temporary frame which a ids envisioning the project proposal.

H. Reguests for wi reless telecommunicat ions facilities permits sha ll be made on tonns prescribed by the Planning Director and submitted to the Plann ing Department. The Planning Director shall amend applic:1lion rcquirements from time to time as necessary 10

comply with applicable laws and regulations. or to otherwise ensure the provision of info rmation nccessary and useful to thc evaluation of wireless telecommunications facilitv pcml it applic<ll ions. In add ition to the app licat ion submittal requ irements for ~rJl1 its set forth in Subscction A, above. the information listed below is supplcmenta l and required at the lime a wi reless telecommunications facility permiL a{;lP lication is submitted to the Planning Department.

I. All Proposed Locations:

a. An accurate map, compat ible with the City' s latest version oralS mapping software. indicating the proposed site and detCliling existing wireless telecommunications facil ity locations owned and operated by the applicant withi n the city 011 from the datc of application submittal.

b. An engineeri ll f! certification demonstrating planned compliance with all existing federal radio frequency emissions standards. and providing teclmical data sufficient to jusliry the progosed height ol'the proposed wireless communication facility_

c. An alternat ive configuration ana lysis. assessing the feasib il ity of alternative wireless telecommunications fac ility construction configurations - both at the proposed site and in the surrounding vicin ity which would result in a more visua ll y compatible anlenna(s}, as decmed necessary by the planning director. This analysis shall include an explanation oewhy other wireless telecomlllunications facility construction configurations were not selected.

d. A projection of the applicant's ant icipated future wi reless te lecolllmunications facilit y si linr; needs wi thin the city, which infol'nwtion may be used by thc city as

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pOlrt ofa master planning effort designed to cnsure a more planncd, intcgratcd and organizcd approach to wi reless telecollllllunications lacili ty siting.

e. All identification oCtile geographic servicc Circa for the subiec t installation, including a map showing all of the ap-p licant 's ex isting siles in the loca l service nctwork associated with the coverage gap the wirt~less telecommunications fac ili ty is meant to close, Cl nd describin g, how the coverage !lap will be filled by the proQQsed installatiol1.

f. All accurate visual impact analysis showing the max imum silhouette, viewshed analysis, co lor and finish palette and propost:d screening for the wireless telecommunications fac il ity. The analysis shall include photo simulations and other informat ion as necessary 10 determinc the visual impact oflhe wireless telecommunications facilit y. A map depicting where the photos were taken shall bc included. The analvsis shall includc a written description of e fforts Lo blend the wireless telecommunications facility with the surroundi ng area.

g. The height and diameter of the tac ili ty, together with evidence that demonstrates thaI the proposed wirelcss tel ecommunications faci li ty has been designed to the minimum heiglH and diameter required from a tcchnological standpoint for the proposed site. If the facility wi ll exceed the max imum permilted height limit , a di scllss ion or tile physical constraints (topographical features. etc.) making, the addi tional height necessary shall be prov ided.

h. A dcscript ion o r the maintenance and monitoring program for the wireless teleconullunicat iolls facili ty and assoc iated landscaping.

I. A written statement of thc applicant' s willingness to allow other carriers to colocate on the proposed wi reless tclt:co ll1l11unieations facility wherever technically and economical ly feasible and aestheti ca lly des irable.

J. A written descri ption of any good lilith efforts to co- locate the proposed wireless tel ecommunications lacility all another sitc or bui lding, includ ing a GfS compatible map oCthe sites and enginccring information or letters li'OI11 the owners or the si te describing why co-location would not be feas ible.

k. A written dcscription of all accessory wireless equipment for the wireless lelecommuni cHtions faci lit y. Describe the function o[ thi s ancillary equipment and the need to locale same 011 or near the wireless teleeonmlUnications facilit y.

I. A written desc ri ption of any requested cxccptions to the standards set forth in Chapter 30.48 and the reasons thcrefor.

m. For applications requiring Planning Commission review: Certilied public notice mailing labels for all owners of rca l properly as shown on the latest equalized assessment roll within a five hundred (500) foot radius orthe ex terior boundaries oftbe real property that is the subiect orthc hearing exceptlhat ifsuch property is owned by the same person or entity, thc owners of contiguous rea l properly to that

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owned by the applicant sha ll a lso be included. propclty ownership map keyed 10

the mailing labels. If additional mailed notice is required, it shall be the responsibi li ty oCthe av.,plicant to provide certified public notice mailing labels to r all owners of real property as shown on the latest equalized assessment roll within an area determined by the Director of Planning to be directly a i'lecled by the request and to provide a propelty ownership map keved to the mailing lahels.

n. An alternati ve site analys is. assessing the feasibility of alternat ive siles, including the potential for co-location, in the vicinity or the proposed site. as deemed necessary by the Planning Director. Said alternative site analysis shall specif-ically include an evaluat ion of the availability and feas ib ility of potentia l altemative sites located outside a ROS, R IR. R I. R-3050. R-22S0. R-1650 and R-1250 zone. Said altemative site analysis simi I include a map that shows other potential stand alone locat ions for the proposed wireless telecommunications facility that have been explored. and shall describe why the proposed location is su[}Crior to other potential locations. Factors that must be considered in the alternative site anal ysis inelude but are not limited to cost. visua l benefits and detriments of alternati ve sil'es and proximit y to single famil y dwellings.

o. Noise/acoust ical intonnnt ion derived hom the manul~leturcr's specifications for all equipmcnt such as air condi tioning units and back-up generators. and a depiction orthe equipment locat ion in relation 10 adjoin ing properties.

p. 1\ conceptual landscape plan as determined necessary by the Planning Director. Said plan shall show all existi ng trees and all proposed landsl:aping, concealment, screeni ng and proposed irrigation with a discussion of how the chosen materia l at maturity will sc reen the site as detennined by the Planning Director.

q. The Planning Director may require additional information related to topography. including slopes, contours and proposed grading.

r. All other inl()[,[l1ation as determined necessary hy the Plannin l!. Director may be required hy the city's wireless telecommunications facility permit supplcmental application '(mn.

2. Expclt Rev iew.

a. In the event that the Director of Planning in his or her discretion determines thc need to hi re an independent. qualified consultant to evaluate technical and other aspects of the application. the applicant shall pro vide the City with writtcn authorization for the city to do so. Such authorization shall include a written agreement by the applicant to advance the City for all reasonab le costs associated with sueh consultation. The City may requi re the applicant to submit a cash deposit for the estimated cost of such consultation, and to replcnish sa id deposit ir consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the

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proposed wireless telecommunications I:lcility and shall address all of the following:

I. Compliance ""itll applicablc radio freguency emission standards:

II . The appropriateness o r grant ing an y reguested exceptions:

IlL. The accuracy and completeness of submissions:

IV. The appli cability of analysis techniques al ld methodologies:

v. The valid ity of conclusions reached: and

VI. Any specific tedmical issues designated by the City.

3. [fa permittee proposes any modifications to any wireless telecommunications facility permit aller sa id permit is gran ted, the permittee sl1<111 submit an application to the Planning Dcpanmenl for consideration by the am~rova l body specified in Section 10.48.020: provided. however, Ihat the City and the approval body need not accept and/or process said application unless and until the permittce (i) demonstrates the exist ing wireless telecommunicat ions facilit y's compliance with all applicable loca l requirements; and (ii) certifies that the existing wireless tclccOllullunications faci lity complies with all app licable state. and lederal requiremcnts. In the case of colocations. minor structural modificat ions may be permitted irneccssary 10

accommodate sa id co-located facilit y.

SECTION 26. Section 30.40.030 of the Glendale Municipal Code, 1995, regarding fi ling fees is hereby amended to read as follows:

30.40.030 - Filing Fccs

Filing lees in an amount specified by resolution oflhc city council sha ll be paid upon the filing of each application for a variance, conditional use permit, administrdti ve exception, home occupation pelmit, design review, wireless telecommunicat ions permit. or amendment to the Genera l Plan, text of the Zoning Ordinance, or Zon ing Map or Special Setback Ordinance, or an appeal thereof, for the purpose of defraying the expense of postage, post ing, advertising and/or other costs of labor and materials incidenta l to the proceedings prescribed herein . One variance application may request relief from more than one standard or permitled usc; in this case one lee shall be charged. However, if another type of application is submitted in conjunction with a variance, additiona l fees shall be charged for each additional application.

SECTION 27. Section 30.41.060 oflhe Glendale Municipal Code, 1995, regarding the duration of wireless telecommunications facilities permits is hereby added to read as fo llows:

30.41.060 Duration of Wireless Telecollllllunications Facilities Permit

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A. Duration. Unless otherwise required by Ca Ji fomia Government Code sel:lion 65964(b), and as that section may be hereafter amended. a wireless telecomm unications J~leility permit shall have a duration of no longer than ten (10) yc..l rs. In accordance wi th reguirements cstablished by th is Code, at the expirat ion oflhe time period sci forth herein. the permittee may l1pply for a renewal of its wireless telecommunicat ions facility pennit.

B. Extension. Wireless telecommunications facilities permits granted by such rh..:;ht or J2ri vi lege may be req uested one time and ex tended for up to a maximum of one (]) add itional yea r upon receipt of a wri tten request li·OIll the applicant and demonstration that a reasonable cff0l1 to act on such right or privilege has commenced with in two (2) yeClrs oflhe approval datc. In granting such ex tension the applicab le review authori ty shall make a \""ri!ten finding that neighborhood conditions have nol substantially changed s ince the gran ting of such permit.

SECTION 28. Scction 30.42.030 o[the Glcndale Municipal Code, 1995, regarding fi ndings of fact is hereby amended to read as follows:

30.42.030 - Findings of Fact

A cond itional usc permit shall be granted o nl y if the review authori ty first finds that each of the following ex.ists:

A. That the proposed use will be consistent with thc various elements and objectives of the genera l plan.

B. That the use and its associated structures and facili ties will not be detrimental to the public hea lth or safety, the general welfare, or the environment.

c. That the usc and facilities will not adversely affect or connict with adjacent uses or impede the normal development of surrounding property.

D . That adequate pub lic and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed usc.

E-:-For applical'ions involving 't'tirc less-teleeommunicatien facilities, the following find ings-in add ition to-the above shull be mad,*

- -+I.,..."R'mt BO other feasib le ulternotive s ite e:flsts beyond (h&-distance ofthr-ee-httndred (30G) feet or more-frsI'll 8 res idential zanet-and

2. Fhat s f.lI~e i [ic physical or technica l factors make infeasible the I:tse 01" or co location upon a-prcm( isting antenna-5l:tpport structure or pree*isl iAg building or structure-:-

FE. For appli cations involvi ng the sale, serving or consumption of alcoho lic beverages, the following criteria shall be considered in making the fIndings in subsect ion 8. through d. above:

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I. That where an existing or proposed on-site usc is located in a census tract with more than the recommended maximum concentration of on-site uses or that where an existing or proposed o ff-site use is located in a census tract with more than the recommended maximum concentration of off-site uses, both as recommended by the Cal ifolTlia Department of Alcoholic Beverage Control , such use does not or will nol lend to intensiry or othcrwise conhibute to the adverse impacts on the surrounding arca caused by such over concentration;

2. That where the ex isting or proposed lise is located in a crime reporting distri ct with a crime rale which exceeds twenty (20) percent of the city average for P(u11 crimes, as reported by the Glendale Police Division, such lise does not or will not tend to encourage or intensify crime wi thin the di strict ;

3. That the existing or proposed use does not 01' will not adversely impact any church, public or private school or college, day care facility, public park, library, hospital or residential use within the surrounding area;

4. That adequate parking and loading faeilitics are or will be provided for the existing or proposed use, or other reasonable alternatives satisfy the transportation and parking needs of the cx isting or proposed use; and

5. That, notwithstanding consideration of the criteria in subsections 1 through 4 above, the existing or proposed use does or will serve a public necessity or public convenience purpose i'or the area.

G1.'. App lications for new multi-family residential uses proposed to be located within the IMU-R zone shall consider the fo llowi ng criteria in making the findings in addition to subsection 3. through d. above:

1. That the proposed multi ~family housing development is allowed within the respective zoning di st rict with the approval of a Conditional Use Penni! and complies with all other applicable provisions and perf0I111anCe standards identified in thi s Zoning Ordinance and the Municipal Code.

2. Thatlhe proposed multi-family housing development would not result in the displacement of existing, or limit future, employment on the subject site or on surround ing sites.

3. That the subject site is physically suitable for the type and density/intensity of the proposed multi-family housing development.

4. That the proposed multi-family housing development will be compatible with the surrounding existing and future land uses allowed in the LMU-R zoning di strict.

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go. Applications lor li ve/work units to be located in the IND, IMU, IMU-R. and SFMU zones shall consider the following criteria in making the findings in addition to subsection a. tlU'ough d. above:

J. The establishmcnt o f li ve/work units will not conflict with nor inhibit commercia l or industrial uscs in the area where the project is proposed;

2. The structure containing live/work unit s and each live/work unit within the structure has been dcsigned to ensure that they will function predominantly as work spaces with incidcntal residential accommodations meeting basic hab itability requirements in compliance with applicable regulations; and

3. Any changes proposed 10 the exterior appearance o[ an existing structure wi ll be compatible with adjacent commercial or industri al uses where all adjacent land is zoned for commercial or industrial uses.

Ul. Applications for nightclubs shall consider the following criteria in making findings in addition to subsection A. through 0 and F!3.. above:

1. The proposed nightclub is designed to cnsure the reduction of noise impacts by using techniques such as double doors; and

2. An area for outdoor smoking be des igned and located in an area to not impact sUlTounding uses.

SECTION 29. Section 30.47.020 oftbc Glendale Municipal Code, 1995, regarding des ign review app licability, is hereby amended to read as fo llows:

30.47.020 - Applicability

The provisions of thi s Chapter shall apply to the following:

A. New bui ldings and structures, exterior remodeling and exterior changes of or to ex isting build ings and structures for which a building pennit is required;

B. Any exterior change to an existing building or structure visible from the public street or sidewalk immediate ly adjacent to a property in an adopted historic district overlay zone, if thai build ing or structure has been identified as a contribut ing building or structure in an adopted hi storic resources survey. This shall include the street-facing farrad e, and any port ions of the side and rear facades visible from the public street or sidewalk immediately adjacent to a property. For the purposes of thi s section, an all ey is nOl cons idered a public street. For the purposes o[this section, any portion ofa building which is not vi sible due 10

landscaping, wa lls, fences or any other natural or man-made obstruction which is not a pat1 of a contributing building or structure shall be considered to be visible from the public street or sidewalk.

C. For the ROS, RIR, and R 1 zones, any fence or wal l of more than three feel of exposed height visible from the public street or sidewalk immediately adjacent to the property.

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D. Sign programs;

E. Murals; and

F. Exemptions.

Notwithstanding the above provisions and Subsection F.5 below, the Director of Co nun unity Plann ing or the Director of Community Redevelopment and Housing may exempt the following buildings, phys ical improvements and si te developments from design review by a review authority:

I. Interior des ign and inletior modifications to buildings or structures, whether or not floor area is added;

2. Buildings and structures, including wireless telecommunications faciliti es, in the CPD and SR zones (plans and proposals in the CPO Z.onc shall be reviewed by the Director of Community Planning, in accordance wi th and according to the process in Chapter 30. 12; plans and proposals in the SR Zone sha ll be reviewed by the Planning Commission, in accordance wi th and according to the process in Chapter 30.15);

3. In zones other than ROS, RIRandRl :

a. Remodeling projects, provided that such remodel ing does not invo lve a change in the archi tectural style of the building or structure and is otherwise in keeping with the intent, pUrpo5C and standards of thi s art icle. Such remodeling may include, but shall not be li mited to, window and door frees and openings, automatic te ller machines, handrails, stairways, fences and wa ll s which may be penniUed under Chapler 30.2 1, decks, patio covers, trelli ses, gazebos, mechanical equipment screening (both rooftop and ground mounted), satellite di sh antennas and screening (both rooftop and ground mounted), trash and recycling enclosures and permanently affixed playground equipment. Major or substantial ex terior changes which are proposed in accord with the City's earthquake ordinance shall be reviewed by the review authori ty for compliance with the provisions of this Code. The Zoning Administrator shall determine if a seismic upgrade change is of such minor nature as to not require review authority rev iew. Notwithstanding the above, any remodeling inlhe "HD" Historic Dist ri ct Overlay Zone which is visible from the public street or sidewalk immediately adjacent the subject property is not exempt from design review, unless the Di rector of Community Planning detenrunes that the proposed remodeling is consistent with the general intent or the city-wide Historic District Design Guidelines, and any supplements to those guidelines, or any guidelines for non-residential buildings as Tllay be adopted by the City Council for the Il istoric District Overl ay Zone;

b. For all multiple residential, commercial or industrial buildings and structures except for buildings which have been found to be contributing structures in an adopted Ilistoric District Overl ay Zone, remodeling projects including additions which

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propose less than li vt! hundred (500) square teet of additional floor area, provided that such rcmodcting does not involve a changt! in the architectural style of the building or stnlcture;

c. All building additions and alterations to any t!xisting "onc ( I) residential dwelling," where thcre is only one (1) dwel li ng on a lot, and the addition or alteration docs not cumulatively exceed, within a two (2) year period, a seven hundred (700) square foot limit except [or such alterations and additions to buildings which have been found to be contributing structures in an adopted Historic District Overlay Zone;

d. A new detached residential garage, or additions or alterations to a detacht!d residential garage, provided that tht! garage is compatible with any existing dwdling(s) on the same lot through the lise o[ colors and materials, roof style and general architectural style and treatment and, in an adopted hi storic district overlay zone, such new detached garages or additions or a lterat ions to detached residential garages that can or will be seen from the public street or sidewalk immediately adjacent the subject property that are compatible with the Historic District Design Guidelines;

e. Wireless telecommunication~ facilities, IhAt are integruled illte B auiMing facade or structliFe-ol'-hiEiElen behind 1:1 roofparaj3el Bnd not vi'!iihle from the pub~io-right of \ ... B)' immediately OEijaeent tn the :lUhjeet pro~ Wi reless telecommunications facil ities permits shall be reviewed by the review authority named in Section 30.48.020 and according to the standards in Chapter 30.48; and

f. For properties in the DSP zone, outside a redevelopment project area, any new building of 10,000 square feet or less, or any addition of 10,000 square feet or less to an exist ing building.

4. [n the ROS, R I R, and RI zones:

a. All new fences and walls constructed ofpenniUed materia ls which are compatible with buildings and structures on the property, decks, patio covers, trellises, gazebos, and all mechanical equipment screening (both rooftop and ground mounted), satellite dish an tennas and screening (both roofiop and ground mounted) or other similar structures that do not include floor area;

h. All new bu ildings or alterations, or add itions to any existing bui ld ing which propose an increase in floor and/or garage area less than seven hundred (700) square feet and do not propose an additional story and/or a change to a facade directly facing a street which includes an increase in area , measured horizontally, greater than two hundred (200) square feet. Applications for building additions shall not cumulatively exceed, within a two (2) yea r period, the seven hundred (700) square foot limit without first receiving review authority approval ;

c. Accessory buildings that do not exceed five hundred (SaO) square feet that arc compatible with any existing dwelling(s) on the same lot through use of colors and

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malerials, roof style and general architectura l style and treatment or, in an adopted Historic Distri ct Overlay Zone, accessory buildings that do not exceed five hundred (500) square feet that can or will be seen from the pub lic street or sidewalk inuncdiately adjacent the subject property that are compatible with tbc J li storic District Design Guidelines; and

d. A new detached residential garage, or additions or alterations to a detached residential garage, provided that the garage is compatible with any ex ist ing dwelling(s) on the same lot t1lfough use of colors and mate rials, roof style and general architectural style and treatment and, in an adopted Historic District Overlay Zone, such new detached garages or additions or alterations to detached residential garages that can or will bc seen [rom the public street or sidewalk immcdiately adjacent the subject propelty that are compatible with the Historic Distri ct Design Guidelines.

5. Any alteration or addition detenllined by staff as being incompat ible with thc surrounding neighborhood character or with exist ing bui ldings or structures on the lot shall not be exempt from desi&'11 review by a review authority. In making their determination o[ incompatibility, staff shall consider evidence such as neighborhood predominance of street front setback, roof styles, use of eaves and overhangs, vari ation in plane (both horizontal and verti cal), bui lding location 0 11 the site, massing, scale, use of colors and materials and other architectural treatments which, if otherwise ignored, could be injurious to surrounding properties. The review authorities and staff shaU bc guided by the intent and purpose o[ section 30.47.040 and shall ensure that any proposed project will not conflict with the orderl y and harmonious development o[ the neighborhood in which it is proposed. Neither the review authorities nor the staff sha ll discourage originali ty in site plann ing, architecture, landscaping or graphic ex pression, or mandatc anyone particular decorat ive style o[ development.

6. Notwithstanding the above, any new walls, fences, decks, patio cove rs, trelli ses, gazcbos, mechanical equipment, satelli te dish antennas and screen or othcr similar structures, any add ition or alteration in the "HD" Histori c District Overlay Zone, regard less of size, which is visible from the public street or sidewalk immediately adjacent the subject property, arc not exempt from design rev iew, unless the Director of Communi ty Planning detennines that the proposed project, addit ion or alteration is in accordance with the citywide Historic District Design Guidelines, and any supplements to those guidelines and any guidelines for non-residential bui ldings as may be adopted by the City Counci l for the Historic Distri ct Overlay Zone. The Director ofCommunily PlafUlin g may determine that routine maintenance and repair in accordance with the Hisloric Distri ct Design Guidel ines, any applicable adopted supplements to those guideli nes, or any adopted guidelines [or non-residcntial bui ldings, is exempted from des ign review.

7. ProperLies that arc listed in the Glendale Register of Historic Resources or the Historic Preservation Element .

8. Any property in a redevelopment project area shall be reviewed in accordance with the Glendale Redevelopment Agency Design Guidelines.

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SI~CTION 30. Section 30.47.040 of the Glendale Munic ipal Code, 1995, regarding design review standards, is hereby amended to read as follows:

30.47.040 - Standards

In consideration of applications for design rev iew, the review authority sha ll be guided by the intent and purpose of sS,ection 30.47.010 and the standards sct forth in this s,S,cctioll. The Design Review Board shall adopt written guidelines consistent with such intent, purposes, and standards, as it may deem necessary to properly exercise its powers and duties. Such guidelines shall be approved by the City Council and shall be kept on file in the offi ce of the Director of Planning, and a copy thereof shall be furnished to any person upon request. The Redevelopment Agency sha ll adopt written guidelines consistent with such intent, purposes, and standards, as it may deem necessary to properly exercise its powers and duties. Such guidelines shall be approved by the Redevelopment Agency and shall be kept on file in the oflice of the Director ofDeve!opmcnt Serviccs, and a copy thereof shall be fumished to any person upon request. Within the DSP zonc, all design review shall be subject to the guidelines and standards establ ished by the Downtown Specific Plan.

For the purposes of this section , the tcrm "review authori ty" shall mean the Dcsign Review Board, the Glendale Redevelopment Agency, the City Counci l, the Director of Development Services, the Director of Planning or the Historic Preservat ion Commission, as applicable.

A. The foHowing standards and criteria may be utili zed by the review authority which may require changes in materials, color, gcncral design and layo ut, projections in the vertical or horizontal plane 01' such other design changes as may be necessary.

1. In addition to the height and minimum setback requirements sct forth for the zone in wh ich the property is located, changes in materia l, height, projections in the vertica l or hOl;zonta l plane or similar facade changes should be encouraged on visible exterior building walls. Primary attention shall be given to those sides visible from the public ri ght-of-way.

2. The appropriateness ofa new or remodeled building to the zoni ng and area within which it is located, surrounding architectura l design, scale and streetscape appearance should be considered provided they are in keeping with the intent and purpose of this article. Integrated and hanllonious des ign themes arc encouraged, including the use of consistent materials, colors, textures and signs on exposed building walls. New development or remodel ing should be designed in such a way as to upgrade the appearance and qua lity of the area and be harmonious with ex isting improvements.

3. Conflicting relationships to adjaccnt buildings, structures, improvemcnts and uses should be avoided as appropriate to the zone and area. For buildings in the RI , RIR or ROS zones, new development OJ' remodeling that includes morc than one story in height shall continue to allow reasonable acccss to natural light for buildings in the RI , RIR and ROS zones, and shall not unreasonably impact the privacy ofbui ldings and outdoor spaces in the RI , RI Rand ROS zones. Privacy shall be judged by the

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view from the living room, den, study, famil y r00111 , great room, library, dining room or balconies (greater than 25 square feet) of the new development into the buildings and backyard outdoor space of cx ist ing buildings. For new development and remodeli ng in the RI , Rl R and ROS zones, considerat io n shall be given to the placement of windows in the new development v is-a-vis the placement of windows in adjacent residential buildings.

4. Boundary and othe r wa ll s should generally be o f decorative masonry and/or wrought iron which is complementary in co lor, tcxture and material to the developmen t as a whole, altho ugh it is recognized that these material s may not be appropriate in a ll situations (i.e. , wood fencing in residential zones and cha in link fencing in industrial zones).

5. I.andscaping shall bc integrated into the architectural schcme so as to acccnt and enhance the appearance of the development. Existing mature trees (including those regulated in chapter 12.44 of thi s Code pertaining to preservation and protection o f indigenous trees) over eight (8) inches in diameter on the site and within the parkway as well as trees on adjacent property within twenty (20) feet of the conunon property linc should be considercd for preservation in the s ite planning.

6. Subject to any applicable height limits, rooftop equipment shall be incorporated into the design of the project in such a manner that it is completely enclosed on all sides or concealed from view by screening, roofing or parapets at least six (6) inches higher that the hcight of the uppermost pat1 of such equipment.

7. Any di sh antelma that is ground-mounted but attached to a building or structure, and any roo f-mounted dish antenna, shall be designed in acco rd with the criteria in Sect ion 30.34.050.

Tn evaluating any proposed ground-mounted di sh antenna that is attached to a building or structure, any roof-mo unted dish antenna, or any ground-mounted di sh antenna not qualifying for excmption under the cri teria of sSeetion 30.47.020 of thi s eChapter, the review authority shall detenn ine whether the co lor would be unobtrusive, whether the di sh antenna can be insta ll ed in a location and in a mamler which would minimize visual intnls ion while mainta ining practica l ope ration, and whether the dish can be screcned so that it is sui tably concealed from view, in order to promote aestheti c objectives including, but not limited to, compatibility of neighborhood properties, the preservation of views and vistas, and the ovcra ll hannornous development o f property. T he criteria set forth herein shall apply onl y insofar as such criteria do not prevent the receptio n of satellite dclivered s ignals or do not impose costs on the users of such antennas that are excessive in li ght of the purchase and installation costs and intended usc o f the dish antenna.

8. Any wireless te l ecommunicat ion~ facility shall be designed in accord with the criteria specified in eChapter 30.34.1 2030.48 of this title. The standards out li ned elsewhere

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inlhis Sect ion 30.47.040 notwithstanding. all wireless tclecollUl1uniearions facilities shall be designed in accordance with Chapter 30.48 of this Titl e 30.

9. In additioll to paragraphs ( I) through (8) of thi s subsection (A), within designated "I rD" historic di strict overlay zones, design review standards shall be as adopted by the City Council in the city-wide Historic District Design Guidel ines, as may be supplemented by the Ci ty Council [or each distri ct, or any guidelines for nonresidential bui ldings lor each district as adopted by the City Council at the time of designation of that district. In the cvcnt of a conflict bctween paragraphs (1) through (8) of th is subsection (A) and thc city-wide Historic District Design Guidelines, and as may be supplemented by the City Council for each d istrict at the time of dcs ignation of that district, or any guidelines fo r non-residential buildings for each di strict , as adopted by the City Council at the ti me of designation or that district, the c ity-wide Histori c DisLrict Design Guidelines and applicable supplements thereto, and any guidelines for non-residential bui ld ings as may be adopted by the City Council for that district, shall take precedence, with the final determination of whether there is a conflict to be made by the Director of Planning.

B. TIle review authority sha ll ensure the compatible des ign of all mult i-unit projects that abut a single-family zonc. To accomplish this goal , the review authority shall havc the authority to impose more restricti ve development standards than the provisions of the zone in which the project is located. Thc review authority shall review each multi -unit project in terms of it s impact on the single-family residential neighborhood, including but nOllimi ted to such des ign elements as window location, ba lconies, location of recreational facilities, entryways, and garage location. Although street setbacks arc not required in the IMU. IMU-R and SFMU zones, the review authori ty Illay add conditions to ensure pedestrian activ ity at the street edge including the location of building entrances and su rface parking lots and the lise of setback areas as plazas, open space, or other acti ve uses. In the lM U, IMU-R and SfMU zones, facades on the comer cutoff areas at intersections shou ld incorporate significant architectural des ign features (e.g., a to wer). The review authority may require transitional height increases in order to promote a visual transition between the single-family neighborhood and multiple-family zone and to ensure that adequate landscape buffering is provided and permanently maintained. The review authority sha ll also consider the multip le dwelling bui lding facades, roof designs, and lise of material s and colors to ensure compatibili ty with the archi tectural design clements genera ll y found in the neighboring single-fam il y zone.

C. The review authority shall ensure single-family design that is compatible with the character inherent withi n the surrounding neighborhood. Primary emphasis on what constitutes a neighborhood should generall y be given to the existing development paLlem within 300 feet of the subject property. Special attent ion should also be placed on ensuring a positive design relationship with the adjacent developments and developments on the block 011 which the proposed project is located. The Director of Planning sha ll have the di scretion to consider an altemate area to be the neighborhood of primary emphasis. To accomplish compatibility. the rev iew authority shall review each singlefamily residentia l project in telms of its specific impact on the surround ing single-family

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neighborhood, including but not li mited 10 such design e lements as massing, scale, height, setback, landscaping, and window location. The review authority shall consider the setbacks of buildings and structures 011 adjaccnt properties and ensure that a projcct's proposed height and sctback promote a visual transi tion betwccn the project and neighboring buildings. The review authority shall also consider garage location and dcs ign \0 promotc compatibility with ncighborhood patterns. The review authority shall also consider the single- family bu ilding facades, roof designs, and lise of material and colors to cnsure compat ibility with the archi tectural dcsign clements generally found in the sUlTounding single-family zonc.

[) . The rev iew authority shall cnsure that signs locatcd in the South Brand Boulevard Spec ific Plan Area are consistent with the guidelines of the South Brand Boulcvard Spec ific Plan.

E. The review authority shall ensure that sign programs are consistent with the followi ng standards:

1. Signs shall be compatible with the intendcd location, the project architecture, and the sUIToundings including significant landscape features.

2. Signs shall not unduly compete with or obstruct other business signs, obstruct traffic signals, detract li'OITI the archi tectura l features of the neighborhood, or create visual clutter.

3. The sign program shall exhi bit a harmoniolls design themc for the enti re lot or s ite and shall inelude the use or internally consistent matcri als, co lors, and tcx tures.

4. The sign program shall be consistent with any appli cab le plans or guidelines relatcd to a redevelopment project area.

F. The review aulhorily shal l ensure Ihal murals arc consistent with the following standards:

1. Murals shall not contain any letters, num bers, or symbols that constitute any 10nn of ad vertisemcnt or commercial message.

2. Murals shall not contain any obsceni ty.

3. Murals shall not detract [rom the architecture orlhe site or surrounding area.

4. Murals shall not cause the remova l of required landscaping.

5. Murals must be du rable and capable of being well maintained .

6. Murals sha ll be located on existing wall s.

SECTION 3 1. Chapter 30.48 of the Glendale Mu nic ipal Code, 1995, regarding wireless teleconununications facilities, is hereby added to read as follows:

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Ch:lpter 30.48 Wireless Telecommunications Facilities Permit

30.48.0 I 0 - PUI"IlOSe

The p-umose and intent of this section is to J;!rotect the public health, safety, general wel fare and 10 provide wireless telecommunication service 10 the community in a safe, ef1ective and efficient manner and t:stablish a comprehensive set of zoning req uirements for wi re less telecommunications facil ities as that term is defined herein . These regu lations tire intended to provide for the managed develoJ;!menl of wi reles:-i telecommunications faciliti es in a maimer that recognizes and enhances the community bendils of wireless communication technology and reasonably accommodates the needs ofcitizt:ns and appl icants for the installation or wireless telecommunications fac ilities in accordance with federal and state rules and regulat ions. At the same time, these regul<ltioll s are intended to pro tect residents !l'om those potential adverse impacts of wireless telecommunications facilities tll<ltthe city may legally consider, eva luate, and miti g<l te. and are also intended to preserve the visual character or established eOllllllunities and the natural beauty of hill sides and ridgclines.

30.48.020 - Wireless telecommunications racility penuit - "cguired

A. A wireless telccol1ullunications facility permit is required prior to the installat ion of any wire less telecommunications facility on privnte propcrty and not in the public right-of-way. Consideration of a ''lireless telecolTImullicnlioliS facility perm it application shall be conducted by the planning director or the Plann ing Commission, as indicated below and as shown in Table 30Af.:-A. Wi reless telecommunications fac ility permit applications will be processed based upon the dassi IIcation of antennas defined in this code. Although classilicatiolls are assigned at project intake. are-evaluation ofantcnna classifications may occur at allv point in the process including at the lime of review by the Planning Director. PlalU1ing Commission or City Council.

1. Residential Zones (ROS, RI R, R I, R-30S0, R-22S0, R-16S0, and R- 1250): Class 1, Class 4, Class 5. Class 6 and Class 7 applications shall be presented to (he Planning Commission. Class 3 antelU1as shall be presented (0 the PlaJUung DirecloL

2. SR Zones: Class I Clnd Class 3 antenna applications sha ll be presented to the plalming director. Class 4. Class 5. Class 6 and Class 7 antenna applicat ions sha ll be presented to the Planning Commission.

3, Non-Residential Zones (CI, C2, C3, CR, CE, CEM, CPD, DS r , IN D, IMU, IMlJ-R, SFMU, P overlay, and PS overla y): Class 1, Class 3. and Class 4 3ntelUlas sha ll be presented to the Planning Direclor. Class 5, Class 6 and Class 7 antennas sha ll be presented to the Planning COllllllission.

4. Class 2 Antellllas: Class 2 antennas Ceo-located antcnnas) shall be presented to the sallle body that in itially reviewed the underlying base wireless telecommunicat ions fac ility upon which the co- location is proposed. Co-located 1~lcilities shall be a pennittcd use if the underlving base facility was subject to a discretionary permit and was subject to either an environmental impact rep-ort. mitigated negative dcclaration or a negati ve declaration pursllanl to Califomia Govenm1cnt Code section 65850.6 and as that sectiol1 l1lay be

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sllbsequently Hmended. Such co- located faciliti es sha ll require a Wireless Telecommunications Facilities Permit . with modiGcd rev iew pursuant to Sect ion 30.48.040.A and 30.48.070

5. All Classes of Antennas: All antenna app lications requesting heights exceeding the height limitation of the requested zone shall be presented to the Plmming Commission.

6. Antennas other than Classes 1 through 7 as described in Sedion 30.70 shall be subject to consideration by the PlalUung Comm ission Uu'ough a standards vari ance.

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Table 30.48 ~ A Wireless Telecommunications Vacilitv Permit Review Authorities (II ('IPI

Residential Zones SR Zones Non-Residcntial (ROS. RIR, RI , R- Zones (CL C2, C3. 3050, R-2250, R- CR, l'l':, CEM, CPO, 1650, and R-1 250) CAlO, CA/CS.

CAlCG, CS. CN, CGIMS, DSP, INO, lMU, lMU-R, SFMU, P overlay, and PS overlav1

I Class I Antenna PC PD PO

Class 2 Antenna Same as original Same as original Same as orig inal Qelwil for facility on I!enllit for facility on permit for f~leilit:r: on

(co-located) which co-location will which co-location will which co- location will occur occur occur

Class 3 Antenna PO PO PO

Class 4 Antemm PC PC PO

I Class 5 AntelUla PC PC PO

I Class G Antenna PC PC PO

I Class 7 Antenna PC PC PI)

PO - Plan ni ng Di rector PC - Planning Commission

(1) All Classes of Antennas: Apgl ications requesting heights exceeding the height limitation of the requested zone sha ll be presented to the Planning Commission.

(2) All Classes of Antennas. An al2l2iication in an Histo ric Preservation Overlay Zone shall be reviewed by the Historic Preservation Commission in addition to the review authority named in Table 30.48 A.

(3) Co-located Antennas: Co-located telecommunications facilities shall be a nermittcd usc provided the underlyi ng base faci lity was subject 10 a discretionary permit and ,vas sub ject to either an environmental il1l[!act report, mitigated negative declaration or a negalive declaration pursuant to Califomia GovenID1ent Code section 65850.6 and as that section may be subsequently amended.

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7. Exemption - Tcmporm\' emergency lISC . The Director of Planning or City Manager shall have thc authorit y to clpprove thc placement ofa wireless telecommunications facility on a temporary basis neeessarv during an emergency. Said temporarv penni' sha ll contain condi tions lo r removal of the temporary wireless tclecomlUWlieations facility as soon as possible arler the conclusion ortlle emergency.

30.48.030 - Decision of the Review Authority

A. For those wireless telecommunications facilities applications subject to review by the Planning. Director, a wireless teleconuuunica!ions facili ty penni! Illay be granted administratively, so long. as all application requirements have been fulfilled and all of the fi ndings required by thi s Chapter 30.48 have been made.

B. The review authorit y shall consider al l evidence presented lor and against the wi reless telecommunications facility application . In all ins tances where a wireless telecommunications facility permit is granted by the review authorit y. the standnrds req uired by Section 30.48. 110 shall be imposed. Further conditions of approval of wireless telecommunications facility permits shall be imposed as arc necessary to min imize environmental, aesthetic. and public safety impacts. The review authority shall make findings offilel and determinations in writing and shall place ill tht mail a copy thereof. addressed to the appli cant and those persons expressing an interest in the ~pplication who submitted their correct mailing, addresses. A dec ision orlllc rev iew authority shall become fina l fillecn (15) days following the date orthe decision un less an appeal to the Planning Commission or the C ity Council, as the case may be. is filed as here in provided.

30.48.040 - findings of F.tct

A. Except for Class 11 co- loc~lted faci lities on which the base facility meets the requirements of California Government Code Section 65850.6. and Class III temporary antenna facilities. prior to the issuance of a wire less tel ecommunicat ions facility permit, the re view authorit y indicated in Section 30.48.020 shall make all of the foll owing findings;

I . To the max imum extent rcasollnbly feasible. the proposed wireless telecommunications facil ity has been designed to achieve compatibili ty with the community:

2. Alternative configurations will not increase community compatib ili ty or are nol reasonably feasible.

3. Altemative locations on the site will not increase community cOlllpatibility or arc not reasonably feasible.

4. The location or tile wireless teiecomJ11unicntions facili ty 0 11 altenmtive s ites will not increase community compatibility or is 110t reasonably feasible.

5. The 1~lc ility is necessary to close a significant gap in coverage.

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6. The app li can t has submitted a statement of its will ingness 10 allow o ther caJTiers to colocate on the proposed wireless telecommunicatio ns facilit y wherever technica ll y and economica ll y tcasihle and where co- locat ion would not hanll conununity comp<-'1tibility.

7. Noise gencrated bv cquipmcnt will not be llllllcccss<lry. excessive. atmoying nor be detrimcnta l to the pub li c health, safety, and welJ~\ft:!.

8. The fac ility complies with all of tile requirements of stale and federal laws, regulations and orders.

B. If the application is denied by (he rev iew authorit y. sa id review authority shall issue a written dcnial to the applicant containing an explanation ofreason(s) for such denial citing to substantial evidence contained in the wri tten administrative record.

30.48.050 - Non-interfel'ence with Television .md Radio Opcnltions

Wireless telecommunications providers shall ensure that their wireless teleeonununications fac ilities do not Causc intcrferenec with rcccption of area television or radio operations and shall ensure continuous compliance with federa l and state requirements rct,wrding interference with reception of such operations.

30.48.060 - Sctbllci(s from Pmpe..tv Lines

Setback requi rcments sha ll be as specified with each respecti ve zoning district.

30.4~UJ70 - Wireless Telecommunications Facilities l>evcloPlIlcnt Standal'ds

Unless the apnlicant demonstrates that cOlllQliance with the following development and design standards is not r~asonably feasible without depriving applicant or il :-; rights under state and/or fcdcrallaw. all wireless telecommunications facilities cxccpt for co- Iue'lted facil ities on which the base l ~l cilit y meets the requirements of California Government Code Section 6SgS0.6 sha ll be planned, designed. located, erected. operatcd. and maintained in accordance with the fo llowing standards:

A. General Wireless Telecomillun ications Facili ties Standards. Wireless telecommunications fac ilities shall comply with all development standards withi n the app licable zoning district of the subiect site.

I. All wireless telecommunications facilities and accessory wireless equipment shall comply with the app li cable provisions of tile city's noise regu lations as set forth in chaptcr 8.36 of th is code.

2. Visua l Impact Minimization and Screening Slandards. All wireless telecommunications fac il ities sha ll employ camouflage design techniques to min imize visual impacts and provide appropriate sc reening. Such teclmiques sha ll be employed to make the installation. opcration and appearance of the facility as visuall y inconspicuous as Qoss ible. to prevent the fac ili ty from visuall y dominating, the surround ing area, and to hide the installation from predominant views from sun'ounding properties. Depending on

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the proposed si te <lIld surroundings. certain camouflage design techniques may be deemed bv the city as ineffective or inappropriate and alternative techniques may be required. The following is a menu of potentia l camouflage design techniques that should be considered based on different installation situations.

3. lleight requirements shall be as specified within each respective zoning dist rict or as approved by the Planning Commission.

So For Building and Structure Mounted Insta ll ations:

1. Screening materials shall be matched in color. size. proportion. slyk. and quality with the exterior design and architectural character oflhe building or structure and the surrounding visua l environment

2. Facil ity components. including all antenna nanels. may be mounted e ither inside the building or structure. or behind the proposed screening elements. or Oil the exterior face of the building or stnleture.

3. All antenna panels nnc! necessorv wireless equipment mounted on the t:xterior of the build ing or structure shnll be painted or otherwise coated to match the predominant color of the mounting building or structure.

4. When required by the c ity, antenna pands shnll be located and arranged on the building or structure so as to replicate the installation and appearance of the equipment already mounted to the building or structure.

C. For Monopole Installations:

I. Monopole insta llations shall be sitltatcd so as to utilize existing natura l or man-made features inciudingjQpogrnphv. vegetation. buildings, or other structures to provide the greatest amount of visual screening.

2. All antenna eOl11gonents and accessory wireless equipment shall be treated with exterior coatings ora color and texture to match the predominant visual b<lekground andlor existing architectura l elements so as to visually blend in with the surrounding development. Subdued colors and non- retleetive materials that blend wi th sUITounding materials and colors shall be used.

3. The planning director may require additionalmcasures dcsigned to cillllOufla2.e a wireless telecommunications facili ty, including but not limited to converting the monopole to a Class 7 antenna. thcrehy placing the facility entirelv within a vertical screening structure. Suitable architectural (ea tures include but are not limited to: clock towers. bell towers. icon signs. lighthouses, or windmills. All facility components. includ ing the antennas. shall be mounted inside said structure.

4. The camouflage design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility.

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D. For Miscellaneous Installations:

I. A monorock and or monoshrub installation will be considered properly screened provided that it is located in a setting that is compatible with the proposed screening method. For a l11onoslU'ub. other vegetat ion comparable to that rep licated in the proposed SGreen shall be prevalent in the immediate vic inity oftlle wireless teiecoll11lllmieations Hlcilitv site and the "lddilion of new comparable living, vegetation may be nccessary to enhance the monoshrub screen. For a monorock. thc proposed screen shall match in scale and color olher rock outcroppings in the general vicin ity or the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.

2. Class 2 Antenna inst'allations shall use screening methods simi lar to those used 011 the existing wireless telecommunications facil ities. Use of other appropriate screening methods may be considered.

3. Class 3 Antenna installat ions ofless than 30 dn ys duration may not requ ire screening to reduce visual imQaets depend ing on the selling of the proposed site. I( screening methods arc determined to be necessary, the approQriatc sc reening methods will he detelmined though the wireless telecommunications facilit ies permit process.

E. 1 'or Accessory Wi re less Equipment. All accessory wireless eq llipment associated with the operation of any wireless telecollullunic31jons lilcililies shall be screened. The follov./ing is a menu of potential screening techniques that should be utilized based on the type of installation:

I. Accessory wireless equi pment for building mounted facilities may be located underground. inside the building, or 0 11 the roof of the building that the fac ility is mounted on. provided that both the equipment and screening materials are painted the color or the build ing. roof. and/or surroundings. All screening materia ls for 1'00fmounted facj I jties sha ll be of a quality and design that is architecturally integrated with lhe design of the building or structure.

2. Accessory wireless equipment for freestanding facilities. llotmounted on a bui lding, may be visually screened by locating the equipme nt within a nearby building or in an underground vau lt. For above ground insta llations not within a huilding. screening shall consist of walls. l:lIldscaping. or walls combined with landscaping to effectively screen the facility at the tillle oj' installation. All wall and landscaping materials shall be selected so that the resulting sc reening will be visua ll y integrated with (he archi tecture and landscaping of tht! surroundings.

3. All accessory wireless equipment shall be placed and mounted in the least visually obtrusive feasible location.

r. Additional Design Regulations for All Antennas.

1. All camouflaged wire less telecommunications facilities shall be designed to visually and QQerationally blend into the sUlToLlnding area in a manner that achieves compatibility

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with the community. The wircless telecomlllunications facilit y shall <l isa be appropriate for the speciJic site (i. e .. it should not "stand out" from its surrounding environment, such as a faux tree stand ing along in a field or standin g, at a greater height Hive feel or more) than other trees 011 the site).

2. No wireless telecommunications Jilcilities shall be allowed on or in any bui ld ing or structure, that is li sted or eligible for li sting on any federal , state or local hi storical register or city-approved survey or in any federal. state or local hi storic di strict. unless it is detel111incd by the historic preservation commiss ion thallhe wireless telecommunications lilCility will have no adverse effect on the hi storic character of the building, structure or hi st01;c distri ct. or it s digibility for hi storic designation.

3. In cases where the wireless telecommunications facility site is vi sible from a freeway or a major arterial roadway, as identified in the general plan. the wireless telecomlllunications facilit y shall be designed and located in such a manner as to avo id adverse impacts on traffic sa rety. Such locations sh<lllusc design methods sHch as. but not limited to . tvpe of facility. camoullaging. screening and I,mdscaping. No portion of any wireless telecommunicat ions faeili!}' shall ex tend into the public right or WH y without any and all permits required pursuant to chapter 12.08 o r thi s codc.

4. Facade mounted ,1ntenn<lS shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas lllay be reguired to be located entirely within an existing or newly created architcctural feature so as to he completely screened from view. Anv newl y ~created architectural leatures must be located. proportioned and designed to be properl y integrated into the building design. Facade mounted antcnnas shall not extend morc than 24 inches out fmm the building facc. and no cablcs or antelma mounting brackets or any other associated l.'quipment or wires shall be visible above. below. or to thc side of' the antennas.

5. All wireless telecommunications faci li ties shall be designed to minimize the visual impact to the greatest extent feasib le by' means of placement, screening, landsca[!ing with native species. whencver feasible. and camouflage. and to be compatible with existing architectural clements, building material s and other site characteri sti cs. The applicant shall usc the least visible antennas possihle to accomplish thc coverage objectives.

6. Colors and materials for facilities shall he non-reflective and chosen to minimize visibilit y. Wireless telecommunications I ~lcilities , including accessory wirclcss equipment. shall be paintcd or textured using colors to match or blend with the primary background. All equipment cabinets visible to the public shall be treated with a graffiti M resistant coating.

7. No signs, striping, graphics or other attention gelling devices arc permitted on a transmission tower or ancillary facilities except for warning and sclfety signagc with a surface area of no more than three square feel per sign. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two unless a greater number is required by law.

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8. Roof mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back as fa r ii'OI11 the edge of the building as possible or otherwise screencd to minimize their visibil ity.

9. In cases where the wireless telecommunicat ions racility site is proposcd 10 be located in a city park. the wireless telecommunications fac ilily sh,, 11 be designed and located in such a manner as 10 avoid adverse visual impacts. Such locat ions shall use design methods sllch as, but not limited 10. type of faci lit y, camoullaging. screening and landscaping.

10. The use of chain link rences lor securit y of effi!iP-ment is pcrmitted only jfthe fence is fu ll y screened by landscaping that is maintained by thc permi tt ee and is not othcrwise prohibited in this title 30. Slats do no! satisfy the req uirement for screening. Every wireless teleconmlUrucations facility and antenna support st ruclure shall be protected agai nst unauthorized climbing or other aeccss by the pub li c. Barbed wire fencing or razor wire iencin!.! is prohibited.

II. Each wireless telecommunications facility sha ll be identified by a DenlUlIlcnlly insta lled plague or marker. no larger than rour (4) inches by six (6) inches, clearly identifying the addresses. emai l contact information. and 24-hour loc~tl or toll-free contact tel ephone numbers for both the permittee and the agent responsible lor the maintenance orthe wire less telecommunications fac ilit y. Such information shnll be updated in the event of a ch<ln ge in the gelmittee, the agen t responsible for maintenance oflbe wireless telecommunications facility. or both .

12. Antenna ligh ting shall be prohibitcd in all zones. l3eacon li ghts shall not be peJ1l1ittcd unless required by thc Fcdera l Aviation Administration and. if so, shall be ineluded when calculating the height orthe facility. Beacon lights shall be or a ty~ that minimizes downward illuminat ion.

13. Wireless telecommunications J ~ lcil itj es sited on mountainous telTa in as defined in Section 16.0&.270 shall blend with the surrounding ex isting and manHmacie environment to the max imum extent possible and a findin g is made lhat no other location is reasonably legall y or technically feasible.

G. Maintemlllce.

I. A ll gramti on any components of the wireless te lecommunications [aci lity shall he removed promptl y.

2. All landscapin g: required for the wireless telecommunications facility shall he maintained at all times and shall be promptly replaccd ifnot sllccessful.

3. Ifa flagpole is used for camouflaging a wi reless telecommunicat ions facility, flags shall be flown and shall be properly maintained at all times. The use o f the United States flag shall comply with the provisions oCthe United States Flag Code. 4 U.S.c. § 6 ct seq .

4. All wireless telecommunications fac ilitv sites shall be kept clean and free oflitter.

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5. All equipment eabinets shall displa v a legible sign clt::nrly identifying the addresses, email contact informat ion, and 24·hour local or toll·]'ree contact telephone numbers for both the penl1ittec and the agent responsible fo r the main tenance orthe wireless telecommunications fac ili ty. Such information shall be updated in the event of a change in the pemlittcc. the agen t responsib le for maintenance of the wi reless telecommunications facility, or both.

30.48.080 - Safety and MonitOl"ing Stand:anls

A. At a ll times. Pennittee shall ensure that its wireless telecollu11lmications rac ilit ies shall comply with the most cu rrent regulatory and operational standards including, bUlnot limited 10 radio frequency emiss ions standards adopted by Ihe FCC and antenna he ight standards adoRteci by the Federal Aviat ion Administration. The Renninee shall obtain and maintain the most current in[onuation from the FCC regarding allowab le rad io frequency emissions and ,:III other applicable regulations and standards and. at the fo llowing indicated times. shall file a rcp0l1 with the planning director indicat ing whether permittee is in cOIllp':liance with such standards, advising the p-lannillg director orany regulatory changes tha t reQui re modifications to the wireless tcieco l1U11Unicatiotl s fac ili ties. and advising the planning director of the measures takcn by the pel111 ittce to comply with such regulatory changes as fo llows: (I)

prior to the commencement of the installation of the wirelcss telecommunicat ions Jac ilit y, (2) every vear, on the anniversary or the submitta l or the initinl compliance report, and (3) upon any proposed increase of at least ten percent ( 10%) in the cllcct ive radiated power or any proposed change in frequency use. Both the initial and update certifications sha ll be subject to review and approval by the ci ty. At the PlalU1ing Director's sole discretion. a qualified independent radio fi'eguency enginee r, selec ted by and under contract to the city, ma y be retained to rcview said certifications l(lI" compliance with FCC regu lations. A ll costs associated with the cit y's review or these certificat ions shall be the responsibili ty of the permittee, which shall promptly reimburse city for the cost of the review.

B. Public access Lo a wireless teieconullunica tiolls facility sha ll be restricted. SecuriLY measures shall include fencing, screening, and securi ty s ignage. as deemed appropriate by the Director of Planning.

C. Safety lighting or colors. ir prescribed by the Director of Planning or other approving agency including bu t not limited to the Federal Aviation Administrat ion may be required for antenna .hl.lPJ)ort structures. Safety li ghts shall be ofa type that minimizes downward illumination.

30.48.090 - Violations, Revocation

For vio lat ions and revocation. see C haptcr 30.64.

30,48.100 - Notification of C hange of Ownership/Operatol'

Upon assiglUllent o r tra nsfer of an authori zation to operatc a wireless tcJccol1uuunications faci lity or any of the ri ghts under said authorization. the owner o r operator sha ll. wi thin thirty (30) days, provide wrinen notice to the planning director of the date of transfer and the identity urthe transferee.

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30.48.11 0 - AuthOl-izatioll for Initiation, Application Filing and [filing Fees

For application fi ling and filing Fees. see ChaRter 30.40.

30.48.120 - Public Hearing and Notice

For public hearing, and notice. see Chapter 30.6 1.

311.48.130 - Appeals Pr-ocedure

For appeals Rrocedure. sec Chapter 30.62.

30.48.140 - Rcsubmi ttal of Appl ications

No wireless tclecommunications fac ili ty permit application which has been denicd ill whole or in part sha ll he fi led again within six months li'om the date of such denial except upon proof of changed conditions or hy permission or tile Director ofPlmuUng.

30.48.150- llunltion of Wireless Telecommunications Faci lity Per'mit

For durat ion of wi reless telecommunications facilities permits. see Chanter 30.41 .

SECTION 32. Section 30.61.0 1 0 of lhe Glendale Municipal Code, 1995, regarding variances, conditional use penn its, des ign review, wireless teleconunurucations fac ilities penn its and requests fo r parking reduct ion. shall be amcnded to read as fo llows:

30.61.010 - Va.-iances, Conditiona l Usc Permits, Des ign Review, Wireless Telecommunientiulis Facilities Permits and Ilequests fo r Parking Reduction

For variances, cond it iona l use pennits, design rev iew where the Director o r Community Plan ning or the Director of Community Redevelopment and Housing is not the rev iew authority, wireless te lecommunications liH:il ili cs pCllni ts, and requests for parking reduction, notice for public hearings shall be given in tbe man ner li sted below. Por the purposes of thi s sect ion the tenn "review authority" shall mean the Design Review Goard , the Glendale Redevelopment Agency, the City Council , the Planni ng Commiss ion. the Di rector of Communi ty Planning. the Director of Conullunity Redevelopment and Housing or the Historic Preservat ion Commission, as applicable. For variances, conditiona l usc permits, parking reduction pennits, EtAd-dcsign review, and wireless telecommunications facilitics pe rmi ts, the Director o f Comm unity Planning or the Director of COlT un unity Redevelopment and Housing sha ll set the matter for public hearing and noti fy the Ci ty Clerk of the hearing dale. The City Clerk shall give not ice of the publie hearing. The notice of the public hearing shall contain the date, time and place of the hearing, thc gcneral nature of the proposed pennit and the street address or legal description or the property invo lved and shall be:

A. For variances~-BflEI conditional use penni ts and wireless teieconullunieatiol1s laeiiities permits only, but not for design review. published once in the official newspaper of tile City at least ten (10) days before the date of the hearing;

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13. Ma iled, postage prepaid, at least ten (1 0) days belore the date oflhe hearing to:

1. All persons shown on the last equa li zed assessment roll as owning real property located within a radius of five hundred (SOD) Ji::el of the exterior boundaries of the property which is the subject of the proposed permit including, for a parking use petmit, both the property for which a parking use pClmit is sought and the off-s ite parking faci lity;

2. If such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be notified;

3. If the Director o[ Cornmunity Planning or the Director of Communi ty Redevelopment and I-lousing finds that additiona l properly owners may be substanti all y affected by the rcquest, sllch propcl1y owners shall also be notified of the hearing; and

4. If additional Tllai led noti ce is required , it shall be the responsib ility of the applicant to provide cert ified public notice mailing labels lor all owners of real property as shown on the latest equa lized assessment roll within an area dctcnnined by the Director o[ Community Planning or thc Director of Community Redevelopmcnt and Housing to be direct ly affected by the request and to provide a propel1y ownership map keyed to thc mailing labels;

C. At least len (10) days prior to the hearing, the applicant shall cause not ice thereof to be posted in a conspicuous place on the propclty involved, including, lor a parking use pemlit , both the property for which a parking lISC permit is sought and the off-sitc park ing facility as follows:

I. A poster-size sign sha ll be mounted on 4" x 4" wooden posts and shall be ablc to withstand all typcs of weather conditions.

2. The postcr-size sign shall not excced six (6) feet above ground level and sha ll be visible [rom adjacenl streets.

3. The poster-size sign slmll be a height of three (3) feet and width of lour (4) feet.

4. The poster-size sign shall be located not more than five (S) feet inside the property line in residential zones and not more than one ( I) foot inside the property line in all other zones. In a ll instances, the sign shall be located in areas that are most visible to the public but n01 within the public right-or-way.

S. The poster-sizc sign shall :

a. Not be illuminated;

b. Be limited to only one per street frontage of the property;

c. Clearly be legible;

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d. Consist of black lettering 011 a white background.

6. Additiona l poster-size signs may be required at the discretion o[Director of Community Planning.

7. ·I·hc poster-size sign shal l remain fo r Ihe duration orille appeal period given in thi s tlitl e. If no appeal is filed, Ihe s ign shall be removed within seven (7) days aner the deadline for filing appeals. If an appeal is filed, the sign shall remain for at least 15 days~ but no more than 22 days~ after the linal action by thc City on that appeal. The sign may be altered or replaced to renee! information on the appeal hearing. I f a subsequent appeal is fi led, the sign sha ll rema in [or at least 15 days~ but no more than 22 days~ after final action by the City 011 the subsequent appeal.

8. In s ituations where the above requirements are not physically possible due to s ite constraints, a comparable notice shall be prepared and located to the satisfaction of the Director of Community Planning.

D. For design review, the Director of Community Planning or the Director OrCOIlU11Unity Redevelopment and Housing may provide notice of subseq uent design review meetings by the above procedures whcre the Director of Community Planning or the Director of Community Redevelopment and Housing determines that add itional notice is in the public interest. In addition,the Director of Community Planning or the Director of Community Redevelopment and Housing shall causc public notice of subsequent review authority meetings to be given if six (6) months or more have lapsed since the last rev iew authority considcrat ion of the subj ect project. Tf subsequent notice is required, the applicant sha ll provide cert ified public notice mailing labels for all owners ofreal property found by the Directo r of Community Plann ing or the Director of Community Redevelopment and Housing to bc affected by the subject o rthe meeting and for all owners of real property as shown on the latest equalized assessment roll withi n a five hundred (500) loot rad ius of the exterior boundaries of the real property that is thc subject ofthc meeting, except that if such propcrty is owned by the same person or cntity, the owners of contiguous rea l properly to that owned by the appli cant shall also be included. The app licant shall provide a property ownersh ip map keyed to Ule mailing labels.

SECTION 33. Section 30.62.0 10 ofthe Glendale Municipal Code, 1995, regarding the purpose and authority oflhe review authority, is hereby amended to read as fo llows:

30.62.010 - I"urpose and Authority

A. The decision of the Zoning Administrator on variances, conditional usc permits, home occupation permits, applications fo r conditions of usc, administrative exceptions, zoning use certificates, parking reduction permit, parking use permit , Density Bonus Housi ng Plan, wireless telecommunications faciliti es pennits, and other app lications except tentati ve tract applications for condominium conversions is appealable to the Planning Commission as

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hereinafter prescribed. Decisions made by the Director of Planning also may be appea led to the Planning Commission. The decision or the Planning Commiss ion may be nlrther appealed to the City Council pursuant to provisions of chapter 2.88 of th.is code relating to the uniform appea l procedure.

D. Decisions made by the Director of Development Services may be appealed to the Glendale Redevelopment Agency pursuant to thi s Title.

C. Where the Ci ty Council has, acting as the in itial review authority. approved or denied a conditional use pennit, variance, parking reduction permit, or a parking use pemlit for a project in a redevelopment project area or in the Downtown Specilie Plan outside of a redevelopment project area, any interested persoll may make a written request for a council rehearing in accordance with Section 2.88.060 of the Glendale Municipal Code.

D. For appeals of a decision related to design review, see Section 30.47. 100.

SECTION 34. Section 30.64.020 o[the Glendale Municipal Code, 1995, regarding revocations, is hereby amended to read as follows:

30.64.020 - Revocations

A. Variances, Conditional Usc Permits and Administrative Excelltions.

The i'.:Zoning aAdministrator shall have continuing jurisdiction over all variances, conditional use permi ts and administrative exceptions. To consider the revocation of a variance or a condi tional use pennit , the zoning admin.i strator shall hold a public hearing aller giving not ice by the same procedure as for consideration of a variance request and at least ten ( 10) days notice by mail to the applicant or pcnnittec. The zoning administrator may revoke and Icnuinate the va ri ance, conditional usc permit or administrative exception in whole or in part, reaffirm the variance. modify the conditions or impose new conditions. A variance, conditional use pennit and administrative exception Jll ay only be revoked or conditions modified or added on anyone or more of the following grounds:

I. That the variance, conditional use pemlit or administrative exception was obtained by fraud or misrepresentation; or

2. That the variance, conditional use pelmi l or admi nistrative except ion has been exercised contrary to any of the terms or conditions of approval ; or

3. That the usc is in violation of allY statute, ordinance, law or regulation; or

4. That the use pennitted by the variance, conditional use permit or administrative exception is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance.

B. Home Occupation Permits.

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The zoning administrator shall have continuing jurisdiction over all home occupation penn its. To cons ider the revocation of a home occupation pemlit, the zoning administrator sha ll hold a public hearing after giving at least ten (to) days notiec by mail to the applicant or pcnnillee and to all persons shown on the last equalized assessmcnt roll as owning real propel1y located within a radius ofthrce hundred (300) feet of the exterior boundaries orlhe property proposed lor a home occupation. If lhe property contiguous to tbat proposed for home occupation is owned by the same person or entity, the owners of contiguous property to that owned by the applicant shall a lso be notified. The zoning administrator may revoke and tenninate the home occupation pennit in whole or in part, realIillll the home occupation permit, modify the conditions or impose new conditions. The action of the zoning adm inistrator is appea lable by the same procedure as lor the home occupat ion perrnit. A home occupation permit may be revokcd on anyone or more of the /ollowing grounds:

1. That the propert y is being used contrary 10 tbe findings made by the zoning administrator as required by section 30.44.040 of this title; or

2. That any condition imposed by the zoning administrator has been or is bei ng violated; or

3. When it appears thatlhe home occupation authorized by the penn it has been or is being conducted in violation of any state statute or city ordinance; or

4. When the home occupation is being conducted in a disorderly manner or to the detriment of the public; or

5. When the home occupation being carried on is diITerent from that for which the pennit was issucd.

C. Planned Residential Development Overlay Zone (PRD).

In any case where the terms of approval of a prcc ise plan of planned residC!nlial development or the approved development schedule contained thC!rein have not been or are not substantially complied with, the director of planning shall give to the pel111ittee written notice of intention to consider revoking the approval of a precise plan and to rei nstate the prior zoning. Such notice of intent to revoke approval of the development plan and the precise plan and to reinstate the fonner zone shall be given as prescribed by article XV, section 2 of the charter and chapter 30.63 of tbis title.

I D. ~H¥esWireless Telccollllllunications Facilities Permits.

lfl-..at:I.y-easc where lhe teFHls-ef:atJfJffival of 11 1'fl ined-use incentive deve lopltlelll plan or the approved devclepment-5ehedule centuince thcrei·n-have nol been er-are nol stl bstontially €emptied with , the El.j.l'e€tor of planning sha ll give to-the permittee wriHen Retice of inient-ioo: 10 consider revolting the approval of on ineenliw prior to any revocation efsuch llpprOyol.

The cOlmeil shall have eonliHuing-jtll"isdielion over a l·l-mixed use incent-ives. To consiEler the revocation ofa mi)(cd use incenti'/e opproyal, the cuuncil shall hold A public hearing arter

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gt¥f.Hg-tlolice by tl~t7SUfl~ C procedure fOl'-c6nsidera tion e t~t-tl1i)(ed use i-neentivc request-oBd--af :ieasHcn (10) days-notice 13)' 1l1oil to the-UI}pl icfI:Ilt or permiHee. 'I'hc COllIlCil;l1tl)' rcvolce-and tefffitnole the mi x.cd-use incent i\'c in whole or in part , reaflinn the mi xed-use incen ti ve, lllediC), the eellElil ioHs or impose new cOAditions. A mixed use iJ1Cenli,·c Alay only l:lc revoked OF eoneit-tells modified or added-nil till)' one or more of Lha fo li e-wing grounds:

1. Thutlhe mixed WiC incentivc was obluincd by frol:td or l1lisreprcsCHta+t~r

2. Thai Ihe-mfied lISC ineenl i-ve-has-bccn c){crciscd-controry to any o t4.hc terms or eendiliol1s ofappro'ia l: (:I r

3. Thai the use is-in violation o f an-y-slalule, ordi nollce;-Ia'll or regulat-ion-;-or

4. That-the de~'e l oplllent-permitt ed by thc-mi,xed use incentive is being er-hus-been so e-x-cl'cised as to bedet·rimental to the public heu lth , !ia·le l-y-er welfare or So-aS lo cOlwl-itule tt-ttttisance.

1, The Planning Director shall have continuing jurisdicti on ovcr all wi reless te lecommunicat ions permits. Considerat ion ofrevoea tion shall comply with the same revocation grocedurcs as lor othecpennits in Section 30.64.020.A.

2. Violations orallY cond itions in a wireless tcleconul1unication pemlit sha ll be subject to enforcement pursuant to Section 30.64.0 10. Failure to comply with any condition of approval o r standards in Chaptcr 30.48 shall constitute grounds for revocation of the pe rmit. subject firsL to wriuen notice and an opportunity to cure.

3. Tile city reserves the right to term inale a wireless tel ecommunications facilitv permit ZIt any timc upon ninetv (90) days written notice of sa id ICI1l1 ination in the event it detennines the wireless tel ecommunicat ions facility crcates a public nu isance or otherwise causes jcopardy to the Qublic hea lth, welfare or safety. and ancr written notice and opportunity to cure.

4. In the event of tcrminat ion pursuant to thi s Sect ion 30.64.020. the perillillce shall relllove its wireless telecommunicat ions fac ility at its own expense and sha ll repair and restore all WRert y affected by the placement, maintenance, and removal ortbe wire less lelecollllllunic<lt ions facili ty 10 a condition satisFactory to the Direclor of Planning.

E. Requests for I-'arking Reduction. The Director shall have continuing jurisdi ction over any penn jt fo r parking for projects outside or redevelopment areas. The Glenda le Redeve lo pment Agency shall have continuing jurisdiction over any pemlit for parking fo r projects within redevelopment areas. To consider the revocation of a permit (o r parking reduction outside of a redevelopment area, the Directo r, or his or her designee, shall ho ld a public hearing after giving notice by the same procedure as for consideration o f a revocat ion ofa cond itio na l use penn it, as provided in Section 30.64.020. The Director may revoke and temlinate the pennit for parking reduction in whole or in part, reafliml thc permit for parking reduction. modify the conditions or impose new conditions, A parking lise penni! may only be revoked or conditions modified or added on anyone or more of the fo llowing grounds:

I . The perm it for parking reduction was obtained by fraud or misrepresentation;

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2. The permit for parking reduction has been exercised contrary to any orthe telms or condi tions of approval;

3. There has been a change in occupancy or the characterist ics orthe use such that thc findings made pursuant to Section 30.50.040 can no longer be made;

4. The use is in violation of any local, Statc or federal law; or

5. The use permittcd by the permit for parking reduct ion is found by the Director to be detrimenta l to the public health, safety or welfare or to const itute a nuisance.

F. Puking Use I)ennits. When off-site parking is secured by a lease, the Jessee shall provide proof to the Director on an almual basis of such lease for orC·site parking spaces. lrthe olTsite parking lease agreement between the pm1ies lapses, the operator of the use leasing the parking spaces shall immediately notify the Director.

If replacement parking is not obtained by the app lican t to the satisfact ion of the Director wi thin 90 days oflhe expi ration of the parking lcasc(s), the Director shall schedule, notice and causc a revocation hearing to be conductcd on the applicant's zoning usc certifi cate, the parking use permit and any related permits. The Director may extend the period oHime during which tbe applicant may seck alternative parking prior to schedu ling a revocation hearing.

SECTION 35. Section 30.70.020 orlhe Glendale Municipal Code, 1995 regarding definitions of specialized terms and phrdses, is hereby amended to read as follows:

30.70.020 - Definitions of Specialized Terms and Phrases. The fo llowing terms, phrases, words and their derivations shall have the meanings given here in, unless othclwise noted. Unless the context clearly indicates to the contrary, words, used in the present tense include the fu ture tcnse and words used in the plural indicate the singular.

A. Definitions, "A". The fo llowing definitions are in alphabetical order.

Accessory building or structure. «Accessory bui lding or structure" means a detached subordinate building or structure the use of which is customarily incidental to that of the main building(s) or use(s) located on the same Jot. For the purposes of this code, bu ildings and structures which are accessory to a resident ial use include: cabanas; detached garages; dressing rooms; flagpoles; gazebos; the following non-commercial structures: greenhouses, workshops, recreational bu ildings and restrooms, saunas, spas and swimming pools, and tennis, paddleball , badminton, volleyball and similar courts, together with any enclosures; and other similar accessory buildings and structures detennincd by the Zoning Administrator. Accessory buildings and structures do not include acccssory li ving quarters and/or guest house, which are separately defined.

Accessory living quarters and/or guest house. "Accessory living quarters and/or guest house" means living quarters within an accessory bui lding for the so le use of persons employed on the

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premises or members of the family li ving in the main bui lding. Such qum1ers hav ing no kitchen facilities and not rented or otherwise used as a separate dwelling.

Accessory use. "Accessory use" means a usc customaril y incidental to, related and clearly subordinate to a principal use establi shed on the same parcel, or within the same tenant space/business, which docs not a lter the principal use.

AccessOlY wireless equipment. "Accessory wireless equipment" means any equipment associated with the insta ll ati on of a wireless telecommunications I~\c ilit y includ ing but not limited to cabling. generators. air conditioning units and equipment cabinets.

Adult business uses. "Adult business uses" means any adu lt bookstore, adu lt hotel or mote l, adu lt motion picture arcade, adult motion picture theater, cabaret, sexual encounter center as defined in Chapter 30.34.

Alcoholic bevc.-age sa les. "Alcoholic beverage sales" means the retail sa le of beer, wine, and/or other alcoholic bcverages for on- or off-premiscs consumption regard less of whether it is subordinate to another use.

Alley. "Alley" means an unnamed public or private right-of-way where there are no street addresses as recognized by the Building Official and which is less than or equal to twenty fi ve (25) fect in wid th in tangent sections, with increased widths permitted, as requ ired by the City Engineer, to accommodate horizontal curvatures.

Alteration or a ltered. "A lteration or altered" means any change or modification in the construction of a building or structure othcr than for repairs.

Ambulance services. "Ambulance services" means the activity, business or service, lor hire, profit, or otherwise, of transporting one or more persons by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place. This use does not include any services provided by the Glendale Fire Department.

Amphitheaters. "Amphitheaters" means an outdoor structure where the presentation of concerts, plays, fi lms, or other dramatic performances occur wi th seating around an arena or centml open spacc.

Antenna. "Antenna" means any system of wires, po les, rods, reflecting discs, panels, microwave dishes, whip antennas or similar devices used for the transmiss ion or reception of electromagnet ic waves, including antennas relating to Personal Wireless Services as defined by the federal Telecommunications Act of 1996, when such system is either cxternal 1.0 or attaehcd to the exterior of a structure (building-mounted or rooftop-mounted), or grou nd-mounted. Antellllas shall include devices having aclive c1emcnts ex tending in any direction, and directional beam-type arrays mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be a part of the antenna.

Antenna an·:ty. "Antenna array" means a group of antenna clements localed on the same geometric Diane.

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Antenn:.1 classes. "Antenna c lasses" means the various classes in wh.i ch wireless telecomJllunications facilities and their attendant accessory wireless equipment arc categorized based on ohserved aesthetic im pacts. AntelUla classes arc as follo ws:

Class 1 antenna. {'Class I antennas" include the fo llowing:

Antennas mounted on a building or structure and fully screened using camounage design t.echniques so that the antenna panels are no t vis ible to the genera l puhlic. IY..Rical examples include but are l1011i.mited to ; building-mo unted antennas behind a visuall y Qpague screen designed to pass radio freguency signals Lhat match o r complement ex isting exterior sui"laces of the building. or antennas designed to be incomorated within a verti cal architectural feature ora building such as a steeple, cross, or other integral vCl1i cai elements.

2. AlllelUl8S mounted behind screens designed to replicate natural features such as rocks and sluubhery and mounted in hillside areas or other natural areas where the SCI"( .. 'C1l

effecti ve ly and full y blends into the surrounding vegetati on or topograph y so that the Antenna is not visiblc. Typical examples include but nrc not li mited 10 a Illonorock or Illonoshrub, as those lenns arc de1ined herc in .

Class 2 anfcnn~, "Class 2 AnteIUla" means an antenna co- located on an appro ved or ex isting wireless teleeoJllmUnieaLions faci lity and mountcd in the same manner and with thc same camo ullae.e design techniques as the approved or ex isting wireless tel ecommunicatio ns facilit y.

Class 3 antenna, "Class 3 antenna" means an antenna no larger than 3 eubic feet and associated equ ipment system that is a temporary (not more than 90 days) or mobile unit intended to providc co verage on a n interim basis until a permanent facility to provide coverage for the same general area is operational. or in connection with a spec ial event ora temporary durati on (not more than J O days). Typical examples include but are no t limited to : "cell-on-wheels" mobile antennas. The de finition of " Class 3 <lntenna" docs not include temporary emergency use antennas pursuant to Section 30.48.020.

Class 4 :lIItenua. "Class 4 antenna" means a mo nopole or an antelUla mounted 011 an ex isting sports field light standard or utilit y lanice tower.

Class 5 lmtcnna. "Class 5 antenna" means an antenna mounted within the cylinder of a llagpole or other cylindrical vertica l structure that utilizes the diameter typical of the llagpole or other s imilar verti cal element Ihat the antcnna replicates.

Cl'lss 6 antellna. "Class 6 antenna" means (0 an antenna mountcd on a building or structure that is treated with camouflage dt:sign techniques, but with only the antenna panels still visible, or (ii) an antenna mounted on the exteri or ofa freestanding structure that has been ~ecitica ll y built [or the sole purpose o[ supporting a wireless telecOlmnunications facility Ll sing camouflage design techniques that only partiall y hide or di sgui se the antenna panels but leave them partially visible. Typ ical examples or a C lass 6 antenna wo uld include hut not be limited to: antennas mounted on the exterior oftbe building or fi xed to the s ide of some other structure such as an above-ground water storage tank. so that the anlerUla panels are partiall y visible but are painted (0 match the color of the building or structure. and mOllopilles or 1110110pall11s.

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Class 7 antenna. "Class 7 antcn na" means an antcnna moullt t:!d 0 11 the interior ofa ti·eestanding structure Ilw the predominant purpose of housing a wireless tclccommunications facilitv [lntelma. Said structure shall be: cOlllgatiblc with other surrounding st ructures and raci lities: has been built so le ly lor the pUlp-ose of supporting the wireless tel ecommunications facility using camouflage design techniques so that the wireless tel ecommunications fac ili ty is full y enclosed wit hin the structure and the antenna panels are not visible. Typica l structures used 10 enclose the frccstanding facili ties may include hut nol be limi ted to: s igns. clock towers, li ghthouses. watcr towers. campanile (bell towcr) , windmill. or other suitable vertical structures.

Antenna support. "i\nlennn support" means any po le, telescoping mast. lower. tripod or <my other structure that supports a wireless communication antenna.

Apiaries. "Apiaries" means a place where bees and beehi ves are kept.

Aquariums. «Aquariums" means a place for the publi c exhibition of live aq uatic animals and plan ts.

Arboretums and botanical gardens. «Arboretums and botanical gardens" means a facili ty where trees and sluubs arc culti vated for exhibiti on~

AI'cade establishment. " Arcade establislmlcnt" means any place of business containing fi ve (5) or more arcade devices or a combination of arcade devices and billiard tables as defined in Secli~n 5.20.020 of thi s Code totaling fi ve (5) or more, excepting there from any billiard eSl'ablishment containing less than five (5) arcade devices.

Assisted living center. "Assisted li vi ng center" means multi-family congregate housing for the elderl y and/or handicapped living in separate dwellings units in which all units, other than those used for the specific purpose of mall aging and operat ing the project, are occupied by a household in which all persons, or at least one spouse of a malTied couple, is 65 years o ld or o lder, or the household is hcaded by a person with a physical impainnent which is expected to be of a long duration and which substanti aHy impedes the person's ability to live independenlly. The ass isted li ving center must have a common eating area and provide food service to resident s.

AUached. "Attached" means any building that has a waH or roof in common with another build ing or structure and is less than 5 fect at the closest point.

Auditoriums. "Auditoriums" means a ha ll which contains a pemlanent stage and whieh is primarily used for public meetings or perfo rmances.

Automobile supply stores. " Automobile suppl y stores" means stores that sell new automobile parts and accessories.

Aviaries. «Aviaries" means a building in which the primary use is the kceping of un-caged birds for breed ing, andlor di splay.

B. Definitions, "B". The following definitions are in alphabetical order.

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Backlots/ou tdool" facilities (production). "Backlots/outdoor facilities (production)" means outdoor sets, back lots, and other outdoor facilities, including supporting indoor workshops and craft shops associated with facilities for Illa tion picture, television, video, sound, computer, and other communications media production.

BandshlOds. "Bandstands" means an outdoor sland or platform, oUen roofed, I()r a band or orchestra.

Banks and financial institutions. " Banks and financial institutions" means linancial insti tutions including banks and trust companies and lending and thrill institutions.

Banquet hall . "Banquet ha ll" means any place of business maintained, in whole or in part, for public rental for the purpose or private pat1y events, whether famil y, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving or consumption of alcoholie beverages. Additionally, it may have a dance floor greater than two hundred (200) square feel.

Billiard establishment. " IJilliard establislunent" means any place ofbusincss containing three (3) or more billiard tables or similar game tables.

Boardinghouse or lodging house. "IJoardinghouse or lodging house" means a dwelling with not more than live (5) guest rooms, with or without lodging for compensation and with or without meals for compensation. not including those facilities defined as retirement or rest homes.

Body shops and painting booths. "Body shops and painting booths" means repair facilities dealing with entire vehicles. These establishments may prov ide towing, colli sion repair, other body work, and painting services. Services include the repair, alteration , restoration, towing, painting, or finishing of automobiles, trucks, re(;reational vehicles, boats and other vehicles.

Broadc:lsting Studio and indoor sUllllort fl.lcilitics (production). "Broadcasting studio and indoor suppOl1 facilities (production)" means commercial and public communications uses including radio and television broadcasting and receiving stat ions and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including anlelU1as and towers, are separately dermed. Also this use includes administrative and technical production support facilities including administrati ve and production office, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects urul s, film processing laboratories, etc. associated with facilities for motion picture, television, video, sound, computer, and other communications media production.

Building. "Building" means anytb.ing constructed having a roof suppOIted by columns or walls for the purpose of hOllsing, shelter or enclosure.

Building materials supplies, sales aDd service. "Building materials supplies, sales and service" means establishments primarily specializing in the sale of one or a small number of materials and services associated wi th building improvement, including brickyards (no manufacturing);

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lum beryards; plumbing shops; window, screen and awn ing shop. TIlis usc does not include retai l hardware stores o lTering a wide variety of home improvement materials.

Business support services. "Business support sClv ices" means estab lishments provid ing other busincsses with services induding maintenance, repair and serv ice, test ing, rental , etc., a lso includes:

Business equipment repa ir selvices (typewriter and office machine sales and service, computer typesetting) ; Computer typesetting; Copyi ng services, including but not limited to photostating and blueprint ing; Computer-related services (rental, repair); Copying, quick printi ng, and blueprinting selvices; Parcel delivery and pick-up services ; Photocopying; Photo developing stores and serv ices; Printing, other Ulan publi shi ngt!.

C. Definitions, "C". The fo llowing definitions are in a lphabetica l order.

Camouflage design techniques. "Camouflage design techniques" means measures used in the design and si ting of wireless telecommunications facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. Such techn iques may include but are not li mited to one or more of the following:

I. Screening elcments to camouflage, disguise, or otherwise hide the wire less telecommunications facilities from view from surrounding uses.

2. Painting or coloring. or both. to blend into the predominant visual backdrop.

3. Si ting the wireless telecolllmunications facility to ut ili ze ex ist ing, features (buildings. topography, vegetation . etc.) to screen, disguise. camoufl age, or hide the wirelcss telecommunications facility.

4. Utili zing simulated natural featu res such as trecs or rocks.

5. Provid ing a wirel ess telecommunications fac ili ty o r a size that, as detemlined by the planning d irector, o r the director of public works, in the case of encroachment pennits. is not visua ll y obtrusive such that any effort to screcn the wireless telecommunications facilit y would create greater visual impacts than the wire less teleconullunications facility itself.

Car wash. "Car wash" means an establislullent providing facilities fo r the washing of motor vehicles and open to the public. Oi l change and lubrication services may be considered inc idental and arc limited to a maximum of two (2) service hays. No other type of vehicle repa ir, body work or vehicle painti ng is permitted.

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Car wash, self-service. "Car wash, self .. service" means a car wash wherein the customer provides labor and whcre no self .. propelled wash racks are provided ..

Carehlkcr's residences .. "Caretaker's rcsidences" means rcsidcnces of gardcncrs, caretakers, managers, security ofTicers or recrcation counselors for which their accessory li ving quarters are maintained solely for exclusive usc by owners or caretakers employed upon the premises and their inunediale families. Such residence shall be no closcr than thirty-five (35) feel from any building used for the keeping of horses.

Car-t. "Cart" means a freestanding, portable and nonmoLorized light vend ing vehicle, carriage or portable stand which carries or conveys food and beverages, merchandise, or provide.<; for shoe shining services.

Cemete.-ies. "Cemeteries" means internment establishments offering burial plots or air space for sale. Cemeteries include ani mal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service funeral parlors, whether accessory to or separate from a cemetery or eolumbarium, buildings and structures intended for the intennent of human remains, churches, chapels, sarcophagi, maintenance facilities and administrat ive building:-; .

Centerline (of street). "Centerline (of street)" means the center of the right -of-way as established by the city engineer.

Christmlls tree sales lot. "Christmas tree salcs lot" means and includes any o r thc following: any rea l property or p0l1ion thereof on which cut Cluistmas trces and other Christma:-; paraphernalia arc offered for sale and arc maintained betwecn November 1st and January 91h. Chri stmas parapherna lia shall include but not be limited to boughs, branches, wreaths and any other items composed and/or constructed of live vegetation.

Co-location .. "Co-location" means in :-; tall ing more than one wireless telccommunications antenna for more than one app licant on 11 single antenna :-;Ilpport.

Commerci1l1 vebicle. "Commercial vehicle" means an automobi le, truck, bus or van which is used in connection with a business and contains exterior advert ising and/or visi ble equipment.

Community centers. "Community centers" means multi-purpose meeting and recreational faciliti es typically consisting of one or more meeting or multi-purpose rooms, kitchen andlor outdoor barbecue faciliti es, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Community gardens. "Community gardens" means an area ofland privately or publicly owned that is di vided into a series of plots or gardens and sold or leased to other indi viduals for the purpose of cultivating private gardens.

Contractol·'s office .. "Contractor's office" means supervisory offices with storage of lools and equipment for the building and construct ion services including but not limited to: carpentry, electrical, glass, insulation, iron work, masoruy, plastering, roofing. and tile. A contractor's

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office does not include temporary office and storage associated with construction on a project site. (See Contractor's officc and storage, tempormy)

Contractor's office and storage, temporary. "Contractor's office and storage, temporary" means tcmporary stnlctures for the storagc of tools and equipment or containing supervisory offices 01" the minimum necessary in connection with a project on site only during the process of active construction under an elTeetive grad ing, building, uti lity, street, or other development permit. Such temporary structure(s) shall be immediately removed upon expiration or the applicable pennits.

Convalescent and extended care. "Convalescent and extended care" means places or institutions which make provisions lor medical treatment iUld bed care, or for elu-onic care of persons who by reason of age, illness or physical inlinnity arc unable to properly care for themselves. No services are provided to nonresidents.

Convention centers. "Convention centers" means a building with (exhibit halls, meeting rooms, or ballrooms) used [or large assemblies af organized groups or large scale exhibi tions such as conventions and trade shows of limited duration. They may not include sleeping rooms and do not include nightclubs, banquet halls, private clubs <:Ind lodges, auditoriums, churches, hotels or motels which are defined separately.

Corral. "Corral" means a pen or enclosure lor confming animals.

Coverage. "Coverage" means the ground area occupied by any building or structure not complete ly open to the sky. Areas occupied by cornices and roof caves, projecting not over thi rty (30) inches, landscaped roof decks of subterranean and semi-subten-anean garages readily accessible to tenants and private vehicular drives shall not be computed in detcrmining coverage. Diagram D-I, which follows and is made a part afthis chapter, shall be illustrative of the meaning of "coverage."

Cribwall. "Cribwall" mcans a system of interlocking concrete forms containing exposed earth openings to allow for plant growth that acts as a retaining wall to support earth material s.

C ultunl) art ccntcrs. "Cultural art centers" means galleries, theaters and similar uses, which promote educational and aesthetic interest within a community.

Curb level. "Curb level" means the top of curb elevation abutt ing the propel1y. Where no such curb level exists and a curb level is planncd, the curb level shall be determined from plans for the ultimate designed roadway improvements approved by the city engineer. Where na curb level is existing or planned, the curb level shall be construed to mean the elevation at the centerline af the street right-or-way abutting the property.

Cyber-cafe establishment. "Cyber-eafe establi shment" means any establishment. that provides five (5) or more eyber-cafe devices, as defined in Sect ion 5.20.020, to the public far compensation in any manner, including but nat limited to memberships. Cyber-cafe establishments shall not include businesses where eyber-cafe devices, as detelmined by the

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zoning administrator, are clearly incidental to a permitted or conditionally permitted use in this title or pennit adult business and sexual encounter establishment uses as provided for in section 30.34.01 0 G.M.e. Cyber-cafe shall be synonymous with PC cafes, Internet cafe, and cyber centers.

D. Definitions, " I)". The following definit ions are in alphabetical order.

Day care center. "Day ca re cenler" means a facility operated by a person, corporation, or association in which Ic.<;s than twenty-four (24) hour per day non-medica l care and supervision is provided outside the horne for minor children o r elderly persons, provided such fac ility is licensed by the state of Califomja as a day ea re center, and provided furtJler that a copy or evidence of the license issued by the state of Calif ami a is on file with the eity clerk prior to occupancy as such a facility. This definition does not include facilities for the care Df up to fourteen ( 14) persons in small and large family day care as de fined by the California Health and Safety Code.

Director. "Director" means the Director of Planning or hi s/her designee.

Dish lmtenna. "Dish antenna" means any device incorporating a reflective surface that is solid, open mesh, o r bar configuratcd and is in the shape of a shallow dish, cone, hom, cornucopia or flat plate, and has a diameter in excess of three (3) feet ; which dev ice is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition shall includc, but not be limited to, what is commonly refelTed to as satell ite earth stat ions, satellite receivers, satellite di scs, direct broadcast systems (DOS's), television reception only systems (TYRO's) and satellite microwave antennas.

Down slope wall. "Down slope wa ll" means the walled side(s) of any building or stmcture facing down hill .

Domestic violence shelter. "Domestic violence shelter" means a residential facil ity which provides temporary accommodations to persons or famili es who have been the victims of domestic vio lence. Such a facility may a lso provide meals, counseling, and other services, as well as common areas fo r thc res idents of the facility.

Dwelling. "Dwelling" means a building or any portion thereof designed exclusively lor residential purposes, including single and multiple residential dwellings but not including hoteis, motels and other places without indiv idual kitchen faci lit ies.

Dwelling unit. "Dwelling unit" means a single unit providing complete, indepcndent living facilities lor one (1) person or household, including permanent provisions for li ving, sleeping, eat ing, cooking and sanitation.

Dwelling, multiple residential. "Dwelling, multiple residential" means a building or portion thereof designed for occupancy by two (2) or more persons or househo lds li ving independently of each other in separate units. Includes apartments, townllOuses o r similar buildings.

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Dwelling, one residential. "Dwelling, onc ( I) rcsidential" means a detached building designed cxclusively fo r occupancy by onc (1) household.

E. Dcfinitions, "E". The following definitions are in alphabetical order.

Effici ency unit. "EI1iciency unit" means a dwelling un it of not more than one (I) room in addi tion to a ki tchen and bathroom and containing no separatcly walled- in bedroom area.

Emergency sheHer. "Emergency shclter" means a res idential facility. other than a community care faci lity. operated by a provider which provides temporary accommodations to persons or families with low income. The term "temporary acconunodations" means that a person or family wi ll be allowed to reside at the shelter for a time period not to exceed six (6) months. For purpose of thi s defi nition, a "provider" shall mean a government agency or private non-profit organization which provides or contracts with rccognizcd community organizations to provide emcrgcncy or temporary shelter, and which may also provide meals, counseling and other scrvices, as well as common areas for residents of the facility. Such a facility may have individual rooms, but is not developed with individual dwelling uni ts, with the exception ofa manager's unit.

EoI3r·gcd. "Enlarged" means an increase in floor area or height ofa building or structure.

Equipment .. ental ya .. ds. "Equipment renta l ya rds" means establishments renting tools and equi pment other than vehicles typically used for on-street transportation. They do not include rcntal of trucks, automobiles, motorcycles, or similar vehicles not primarily used [or construction purposes. Sec vehicle leasing and sa les.

F. I>efinitiolls, "F". The following definitions arc in a lphabetical order.

Fairs, local. "Fairs, local" means a tcmporary public or commercial gathering where cntCl1ainment, food, crafts, and similar uses are offered for viewing or sa le for a period not to exceeJ len (10) days.

F~lc;ldc mounted antcnna. "Facade mounted antelU1a" means a wi reless telecommunications an tenna mounted on to the facade of a building, or structurc.

FCC. " FCC" mea n::. the Fedeml Communicat ions Commission.

Fit'earllls, weapon sa les. " Fireanns, weapon sales" means the retail sa les of guns, ammunition, and related products and accessories.

Floor area (gross). "Fluor area (gross)" means the sum of the gross horizontal areas of the sevcral floors of the building measured from the extcrio r faces of the exterior walls excluding exterior balconies and porches. Floor area sha ll not include interior park ing spaces, loading spaces for motor vchiclcs, any space where the floor to cei ling height is less than six (6) feet, and attics and mcchanica l penthouses provided there are no useable rooms, no windows and the mechanical penthouse area is used exclusively [or mcchanical equipment. floor area shall include any work area in auto repair, or relatcd facilit ies, where vehicles arc serviced and

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repaired. Diagram D~2, which follows and is made a part of this chapter, shall be illustrative of the mcaning of "floor area (gross)."

Floor area ratio. "Floor area ratio" mcans thc ratio of" noor area plus garage area to lot area. Indoor recreational Hlcilities, subterrancan and semi-subtelTanean garage areas shall bc excluded from this ratio.

Footcandle. "Footeandlc" means luminance produced on a surface olle ( I) foot from a unifOiTIl point source.

Frontage. "frontage" means that portion of a lot which abuts a public street. Diagram D-3, which (ollows and is made a part of thi s chapter, shall be illustrative of the meaning of "frontage. "

G. Oefmitions, "Gn. The fo llowing defini tions arc in alphabeti ca l order.

Garage. "Garage" means an accessory building, or po rt ion ofa bui lding, for tbe parking or storage of motor vehicles.

Garage, private. "Garage, private" mcans a detal.:hed accessory bui lding or pOl1ion ofa main build ing for the parking or temporary storage or motor vehicles of Ihe occupants of the premises and, in private residential garages, other accessory residential uses to the ex tent that space is provided in excess oflhal required by chapter 30.32 of th is title for the parking of vehicles.

Gas stations. "Gas stat ions" means a retail business selling gasoline or other motor vehicle fuels, which may al so provide vehicle engine maintenance and repair services incidental to fuel sales. This use may al so include accessory towing services, but not the storage or repair of wrecked or abandoned vehicles, vehicle paint ing, body or fender work, or the rental of vehicle storage or parking spaces.

Gener·al plan. "General plan" means a statement of development policies including diagrams and text setting forth objecti ves, principles, standards and plan proposals.

Golf courses, country clubs, driving ranges and related facilities. "Golf courses, country clubs, driving ranges and related facilities" means golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant , locker and shower facili ties; driving ranges; "pro shops" for on-site sales of sporting equipment; and golf cart storage fac ilities.

Grade. "Grade" means the average of the highest and lowest top of curb elevations of the existing curb in front orthe property. Tn the case ofa through lot , at the developer's option, grade shal l be detennined as above hut may control only the nearest fifty (50) percent of the site abutting each street.

Guyed tower. -'Guyed tower" means a wirc1ess telecommunicat ions tower that is supported in whole or in parI. by guy wircs and ground anchors.

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Gyms and hcalth clubs. "Gyms and health clubs" means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hoI tub facili ties and incidental court game uses induding: indoor tennis, handball , racquetball, and other indoor sports act ivities. These clubs a lso include incidental physical instruction. Gyms and health clubs are not indoor recreation centers which are defined separately.

H. Definitions, " .Il". The following definitions are in alphabetical order.

Hardware stOI·CS. " Ilardwarc stores" means establishments primarily speciali zing in the sale a wide variety of home improvement materials.

Heating and air conditioning sales and servicc (11V AC). " lleating and air conditioning sales and service (HV AC)" means a service use that prima .. i Iy provides heating and air conditioning services on the premises of their clients and may include incidental fabri cation of duct work and other related equipmcnt.

Heavy manufacturing. " J-Teavy manufacturing" means manufacturing establishments that produce or provide serv ice, including but are not limi ted to:

Chemical products including, cosmetics, perfume blend ing and toi letries (except soap), Glass, clay, and stone products - except brickyards utilizing kilns or thc manufacturing of cement , clay, plaster, and similar mineral products, Hazardous waste. off-site or onsite. as defined in the State Health and Safety Code, Ice, Paper products (no pulp processes), Plastic and fabricated rubber products (no tire manufacturing), Plasti c products (no stamping processes), Specialty meta l prototype and machine development and testing, Tool and die (no manufacturing or stamping processes), and Welding.

Hcight. "Ileight" means the vertical dimension from the lowest point of the building, structure or wall exposed above the ground surface to the highest point of the roof, parapet wal1 or uppennost part, except as may be shown othcrwise on diagrams in thi s title related to specific he ight/building envelopc standards for specific zones. Chimneys, vents, utility service structures, or portions of a building located below the ground surface ex ist ing at the time of construction and exposed as a result of excavation to create door, window or ventilation openings shall not be included in the measurement of vertical dimensions, however, any ground-mounted di sh antenna attached to a building or structure or any roof-mounted dish antenna shal1 bc considered in the calculation of height. Diagram D-4, which fo llows and is made a part of this chapter. shall be illustrat ive of the meaning of "he ight."

High-intcnsity general officc/scrvice activity usc. "Iligh-intensity genera l office/service activity use" means an office or service activi ty that exceeds an employee ratio of one (I ) employee per three hundred thirty-three and thirty-three hundredths (333.33) square Leet of gross floor area at any given time. For the sole purpose of thi s definition , an employee shall mean and

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include a person who works Cor another person or business and also includcs an independent contmctor, managcr, agent, servant, OWllcr, shareho lder or officer, any ofwhum receives remuneration including but not limited to sa lary, wages, commissions, prolil-sharing, or monetary and non-monetary compensation. For the so le purpose of thi s delinition, high-intensity general office/service activity uscs shall include uniees, personal services and business support services.

Home occupations. " I lome occupations" means an acccssory use or acti vity ofa business nature conducted on residential property by the occupants of the dwelling which usc is clearl y incidental and subordinate to the residential usc oftbe property.

Horse. "Horse" means any quadmped oflhe genus equus.

Hospital. "Hospital" means establishments primaril y engaged in providing diagnostic services, extensive medical treatment including surgical and other health services; such establishments have an organized mcdieal stalT, in-patient beds, and equipment and fac ili ties to provide complete health care. Such establishments may include incidental retail uses and emergency heliports.

Hotel or motel. "Hotel or motel" means a building in which there are six (6) or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite.

Household. "J louseho ld" includes all the persons who occupy a res idential dwelling.

I. Definitions, " I". The following definitions are in alphabetical order.

Indoor recreation centers. " Indoor recreation centers" means indoor establi shments providing amusement/entel1ainment services for a fee or admission charge, including: bowling alleys; icc skating rinks, roll er rinks, and indoor court game facilities, including: racquetball, tennis, paddleball, badminton and volleyball coul1s, and similar uses. These centers shall exclude arcade establishments, bil liard establishments, gyms and health clubs which are delined separately.

indoor recreational facility. "Indoor recreational facility" means a fully enclosed room or rooms located completely within a multi-residential building Cor the private recreational use of the occupants of the premises. Such facilities may include, but shall not be limited to, spas, saunas, swimming pools, weight/gymnast ics rooms, billiard or similar table-top game rooms, or other uses which the zoning administrator determines to be similar in nature, function and operation to those li sted above.

Industrial mixed-usellarge scale project. "Industrial mixed-use/large scale project" means a development project containing a minimum of fivc (5) contiguous acres, located with in a redevelopment project area, controlled by a single land owner and developed as a unified project in confonnance with a Project Master Plan under an executed Disposition and Development Agreement (DDA) and/or an Owner Participation Agreement (OPA).

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.roo Definitions, "J". The fo llowing definitions are in alphabetica l order.

Jewelry store. "Jewelry store" means an establishment primarily specializing in the sale of jewelry, and may includc rcpair and incidental fabrication but may not include casting of metals.

K. Definitions, "K". The following dcfinitions arc in alphabetical order.

Kennel, animal boarding :md daycare. "Kennel animal boarding and daycare" means commercial or public facilities for the keeping, boarding or maintaining and care o[ lour or more dogs, four months of age or older, or Jou r or more cats, except for dogs or cals in pel shops or vet.erinaryoffiees.

L. Definitions, "V'. The following de.finitions arc in alphabct ical ordcr.

Landfills, sanitary. "Landfills, sanitary" (municipal solid wasle, inert) are a specially engineered site for disposing of solid waste on land and include material recovery facilit ies excluding limited transfer stations.

Landscaping. "Landscaping" mcans the planting and maintcnance of livc trees, shrubs, vines, ground covers, fl owers or lawns. Ornamcntal features such as rocks, fountains, ponds and olher accessory materia ls may be utilized to accent or complement the vegetation.

Lattice tower. "Lattice [ower" means a guyed alltelUla lower or self-supporting three or four sided. open. steel frmlle support structure used to support teleconununications equipment.

Laundr·ies and dry cleaning plants. " Laundries and dry cleaning plants" means service establi shments primarily engaged in high vo lume laundry and garment services, including: power laundries (family and commercial); garment press ing and dry cleaning; linen supply; diaper service; industrial laundries; carpel mld upholstery cleaners. These planls do not include coin-operated laundlies or dry cleaning stores, which are classified separately under Personal Services.

Libraries. "Libraries" means public or quasi -public facilities in wh ich literary and miistic materials, such as books, periodicals, newspapers, pamphlets, prints, records, and lapes, are kept for reading, reference, or lending.

Light manufacturing. " Li ght manufacturing" lllemlS manufacturing establishments that produce or provide service, including but are not limited to:

Audio and visual products, Bakeries and confectionery industries, Clothing apparel and fabricated textile products manufacturing, Elcctronic instrument manufacturing and asscmbly, Fabricated metal or composite products manufacturing or assembly, Food and beverage processing (no feed and flour mills), Jewelry manufacturing,

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Apri16,2010

Leather products manufacturing (no tan ni ng), Optical device manufacturing and assembly, Packaging plants, Photographic equipment and supplies manufac turing, Precision instruments man ufacLuring, Rccording and sensory instrument or device manuhieturing and assembly, and Wineries with no reta il sales, serving or consumption of alcoholic beverages on the premises except for the testing 01' sampling of wine by professional wi ne tasters.

Liquor store. "Liquor store" means an establishment primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine and liquor, fo r consumpt ion off the premises. A liquor store may also include incidenta l wine tasting.

LivelWork. "Live/Work" means an integrated dwelling unit and working space (e .g., the creat ion and reta il sales of arts and crafts), occupied and ut ili zed by a single housekeeping uni t in a structure that has been modified or designed to accommodate joint residen tial occupancy and work acti vity, and which ineludes complete ki tchcn and sanitary facili ties in compliance with applicable building standards and working space reserved for and regularly used by one ( I ) or more occupants of the uni t, in addition to any other employecs. The commercial usc must be one permitted by the appl icable land use tables.

Loading space. "Loading space" means an olT-street area solely for the tcmporary parking ofa conunercial vehicle while loading or unloadi ng merchandise or materials.

Lot. "Lot" means a parcel of land shown with a separate and disti nct number on an offic ial map in the office of the recorder of Los Angeles County, or a parcel ofland shown as separate and di stinct from contiguous property upon a map approved by the council, the planning commission, the board of zoning appeals or the zoning administrator in thc manner provided by ordinance, or a parcel of property abutting upon at least one ( 1) public street and held undcr separate ownership prior to September I, 1956, or hav ing legally reco rded easement rights. Where two (2) or more cont iguo us lots in the samc ownership arc proposed to be dcveloped or are developed as onc (I) building site, then the usual accessorics may be located on any 01' said lots ami thereafter all of said lots shall be deemed and constmed to be single lot, except for lots in the town center specific plan arca. Lots within tJle town center specific plan shall be as described in the town centcr specifi c plan and related development agrccment(s). Diagram 0 -5, which follows and is made a part of this chapter, sha ll be illustrat ive of the meaning of "lot."

Lot area. "Lot area" means the total horizonta l area within the boundary lines of a lo\. Diagram 0 -5, which fo llows and is made a p3l1 of thi s chapter, shall be illustrative of the meaning of "lot area."

Lot, corner . "Lot, corner" means a lot situated on the intersection of two (2) or more streets hav ing an angle of intersect ion of not more than one hundred th irty-live (135) degrees. Diagram D-5, which follows and is made a part of this chapter, shall be illustrative of the meaning of "lot, comer."

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Lot, inferior. "Lot, interior" means a lot other than a corner lol. Diagram D·5, which follows and is made a pa11 of this chapter, shall be illustrative ofthe meaning of"lo! , interior."

Lot width. "Lot width" means the dimension at the front property line, except in the ROS and R 1 R zones where the lot width shall be calculated at a line located fiileen ( 15) feet from the front property line and parallel to the front property line. Diagram D-6, which follows and is made a pari o[this chapter, sha ll be illustrative of the meaning of "lot width."

M. Definitions, "M". The following definitions are in alphabetica l order.

Manufacturing - See heavy and light manufacturing.

Manuf~lcturing of containel's for caskets, remains and flowers. "Manufacturing of containers for caskets, remains and flowers" means an establishment producing for a cemetery on the same site, containers for caskets, human or animal remains and containers for flowers.

Masonry. "Masonry" means and includes construction materials of concrcte, block, brick, rock, tile andlor stucco.

Massage services. "Massage services" means an establishment having a fi xed place of business where any person, association, film or corporation engages in, conducts or calTies on, or pelmits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat, electri c, sa lt, magnetic or any other kind or character of massages or baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedure is given.

Medical and dental laboratories. "Medical and dental laboratories" means facilities which pcrfoml test ing on human and aninlal tissue, and may make prosthetic and dental devices fitted to an individual.

Mcdiealllllli dental offices. "Medical and dental offices" means fac ilities primarily engaged in furnishing outpaticnt medical , mental health, surgical and other personal hcalth services. Such facilities include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "Officcs"); out-patient care fac ilities; chiropractic ofTices; alternative health care services (e.g., acupuncture, etc.) ; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members arc included.

Mezzanine. " Mezzanine" means an intemlediate floor placed within a room in all zones except ROS, R 1 Rand RI and shall not exceed one-thi rd of the area of the room in which it is located.

Mixed-usc area. "Mixed-use area" means the combi nat ion of commercial (e.g., retai l, service, and/or ofJice uses), industrial, and residential uses on a single site, or individual (stand alone) uses on separate sites within a qualified zone.

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Mixed-usc development. "Mixed usc dcvelopmcnt" means a combination or uses which includes dwelling un its (i ncluding livclwork) with other uses, where the dwelling units are above the other uses, a lthough the combination of uses may be horizontal.

Monopahn. "Mollopalm"' means a monopole camouflaged to resemble a palm tree.

Monollinc. "Monopillc" means a monopole camoullaged to resemhle a pine tree.

Monopole. "Monopole" means a freestanding structure composed ora single spirc or pole without guy wires and ground anchors and used primarily to sup-P.ort a wireless telecommunications facil ity.

MonorocJ(. "Monorock" means a wireless telecolll l11unications facility camouflaged to resemble one or a groUl2illg or rocks.

MOI1()shrub. "MolloslU'ub" means a wireless telecommunications facilit y camoullaged to n.:scmble one 01' a grouping of shrubs or bushes.

Mortuaries and funeral homes. "Mortuaries and funeral homes" means an establishment in which the departed are prepared for burial or cremation and in which wakes and funerals may be held. 'I"hese include animal cemeteries; crematorium and columbariuTn operations, and fullservice funeral parlors.

Moving serv ices. "Moving services" means a business providing the service of moving furniture, appliances and equipment for residenecs and businesses. Moving services do not include the rental of storage spaces to the public (see Storage, personal facilities).

Multiple residential dwellings - see Dwellings, multiple res idential

Museums. "Museums" means a building, place, or institution devoted to the acquisition , conservation, study, exhibition , and educational interpretation oi'objects having scientifi c, cultural, hi storica l, or m1istic va luc.

N. I)efinitiuns, "N". The 1-ollowing dermitions are in alphabetical order.

Nightclubs. "Nightclubs" means any establi shmcnt that provides dancing involving a dance floor with two hundred (200) square fect offtoor area or greater wi th music or live entertai nment in conjunct ion with the sa le, serv ing or consumption of a lcoholic beverages. A nightclub is open to the public and is not a banquet hall.

Nonconforming. "Nonconfonning" means a building, structure or portion thereof, or usc of a bui lding or land whieh lawfully ex isted and was not unlawfu ll y used on the effective date of the zoning restri ction and the cxistencc and use continued since such time in nonconformance to the ordinance.

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Noncmcl'gency helipol't, "Nonemergency heliport" means a designatcd, marked area on the ground or the top ofa bui lding or structure whcrc helicopters may land and lake off at any time, in excess o[ those facilities req uired by the Glendale Building and Safety Code.

NUI'series and garden supplies. "Nurseri es and garden supplies" means commercial agricultural establisluncnts engaged in the production of ornamental plants and other nursery products, including outdoor growing areas. These uses also include establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial-scale grecnhouses (home greenhouses are included under "Residential accessory uses and structures"). The sale of house plants or other nursery products entirely within a build ing is a lso included under "Retail sto res, gcneral merehandisc."

O. J)cfinitions, "0", The following delinitions arc in a lphabetical ordcr.

Obscrvator'ies, "Observatori es" means a building, place, or inst itution designed and equipped for making observations of astronomical, meteorological, or other natura l phenomena.

Oftice. "Onice" means establishments providing administrat ive, service, governmental, professional or production work, but not medica l or dental care, including, but not limited 10:

Answering services; Civic and social organizat ions; Data processing finns; Detect ive agencies; Employment agencies; Escrow services; Financial services including credit agencies; brokers and dea lers in securities and conUllodity contracts; security and commodity exchanges; ho lding (but not predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. Institutions, philanthropic; Insurance ofiices; Interior decorator shops; Labor union offices; Lock and kcy businesses; Political offices; PIOfcssional offices; Real estate offices; Sales representative ofTices; and Travel agencies.

Office, consumer services, "Offi ce, consumer services" means establislunents providing the following services, but not medical or dental care, including, but not limited to:

Extclminating services Water softener agencies

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Office, subdivision sales, temporary. "Officc, subdivision salcs, tcmporary" means subdivision sa les offices, sales tra ilers and model dwcl li ngs or lrailers proposed for use as temporary sa les ollices until all units are sold.

Open space. "Open Space" means areas thai are not parks, generally open to the public and generally do not have any developed facilities but may have trail heads, trail s, signs and other ancillary faciliti es for public accessibili ty.

Open space, useable. "Open space, useable" means an open area which is accessible having an average overa ll finish grade not exceeding ten ( 10) percent and a maximum grade of fifteen (15) percent and a minimum width of not less than ten (10) feet. No port ion of a bui lding including balconies, atriums and canti levered decks sha ll be computed in the determination of average overall fini sh grade. Noth ing in this section shall proh ibit useable open space areas from containing topographic features exceeding the maximum design grade criteria if those features arc designed solely for architectural or landscape relie f, provided that those areas are approved by the director of planning. Useable open space areas may include pri v<tte courtyards, porches, and letTaces, but shall not include balconies, can tilevered structures, land occupied by buildings, structurcs, streets, driveways, median strips or parking areas. The useable open space may, however, contain such recreational facili ties, complementary structures and improvements as are necessary and appropriate for the COlTlInOn benefit and enjoyment of residents oflhe project, including clubhouses, swimming pools, (emus COUl1S, go lf courses, play areas, walks and riding trails, and facilities found to be similar in character to the uses enumcrated in Ihis section.

Outdoor commercial recreation. "Outdoor commercial recreat ion" means facilities fo r various outdoor participant sports and types of recreation where a fcc is charged [or usc, including: amusement and lheme parks; drive- in theaters; golf driving ranges independent from golf courses; minialure golf courses (golf courses are considered a separate land use); skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., non-highway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs.

Outdoor storage, incidental. "Outdoor storage, incidental" means outdoor storage that is not the primary use of the site, and where the materials and goods stored serve only the primary use on the site.

P. Definitions, " P". The following defin itions are in alphabetical order.

Pad. "Pad" means the area of a lot which does not exceed a slope of fifteen (15) percent except for the slope between the levels ofa splitleveJ pad, which may exceed fifteen (15) percent and exclusive of that cCl1ain property between the front properly line and a line fifteen (1 5) feet back from and parallcl to the li'ont property line, and four (4) feet back from any property line that intersects the fron t property line. Diagram D-7, whieh fo llows and is mHde a part of thi s chapter, shall be illustrative of the meaning of "pad."

I' aint and wallpaper stores. "Paint and wallpaper stores" means a retai l business whose primary use is the sale of pa ints, wa ll papers, and accessory supplies.

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Parking area. "I>arking area" means an area, other than a street, alley or right-of-way, used for the parking or storage of one (1) or more vehicles.

Parking lots or structures. "Parking lots or stmctures" means the storing of operative cars, buses, recreational vehicles and other motor vehicles. These uses include both day-usc and longterm public and commcrcial garages, parking lots and struetllres, except when accessory to an on-s ite principal usc. All principal uses are considered to include any customer or public use offstreet accessory parki ng. These uses include sites where vehiclcs arc stored for rental or leasing and do not include di smantling ya rds (classi fied in "Recycling, scrap and di smantling yards").

Pal·king slHlce. "Parking space" means an area access ible and ava ilable [or the parking of one (1) motor vehicle, other than a vehicle for sa le, lease or rent, exclusive of areas intended !-or other uses and or physical obstructions as specifically al lowed by Ihis till e.

]'arks and playgrounds, private. "Parks and playgrounds, private" means private usc of fllcililies or area of land lor active and/or passive recreation for neighborhood or community use.

Parks and playgrounds, public. "Parks and playgrounds, public" means public use of facil ities or area of land lor active and/or passivc rccreation fo r neighborhood or community use. These uses may also include publicly owncd open spaee areas that may havc recreational lacilities and may be open for public usc.

Pawnshops. " Pawnshops" means an indoor retail estab li shment that accepts personal property as collateral for loans, and alTers the property for sale to the public.

Periodical. "Periodical" means magazines, books and other publications of which the issues appear at slated or regular intervals usually longer than a clay between the issues or numbers.

Personal services. " Personal services" means establi shments providing non-medically related services, including beauty and barber shops; shoe repai r shops; tarming salons; laundromats (self-service laundries); day spas (does not include massage which is defmecl separately); and clothing rental. Personal services also include dry cleaning stores with dry cleaning equipment on the premises Jess than two thousand (2,000) square feel which arc a non-industrial service establislullen t open to the general public that cleans clothes and household fabrics using a chemical solvent. Personal services include facilities for the drop-on and pick-up of garments and other cloth items, garment pressing and incidental laundering, but do not include highvolume laundries and dry cleaning plants which are defined separatcly. These uses may also include accessory retai l salcs of products related to the services provided.

Pet grooming. " Pet grooming" means establislullents providing grooming services for domestic pets and docs not include ovemight boarding or veterinary services.

Pharmacy. "Phannacy" means an estab li shment where drugs and medicines are prepared and dispensed and may also include other retail sales.

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Place of assembly. "Place of assembly" means an area designed for tllC meeting or congregat ion of large numbers of people.

Places of worship. " Places of worship" means religious organization faci lities operated for worship or promotion of re ligiolls activities, including churches, mosques and synagogues, and religious Sunday-type schools; and accessory uses on the same site, such as living quarters for clergy and staff and community meeting rooms as well as accommodations [or temporary retreats. Other estab li shments maintained by religious organizations, sllch as fu Jl-timc educationa l inst itu tions, and ehi ld or senior day care fac ili ties are class ified according to their respecti ve acti vities.

Planned residential development. "Planned residential development" means an area ofland, controlled by a landowner, to be developed as a unified project and single entity for a group of townhouse dwellings and/or detached dwelling units, the plan for which may not correspond in lot size, bulk or type of dwelling, density, lot coverage, setback or required open space to the regulations in anyone residential district establi shed in lllis title.

Printing, publishing and lithographic services. "Printing, publishing and li thographic services" means establi shments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establi shments thaI publish newspapcrs, books, and periodicals; estab li shments manufacturing business [onTIs and binding devices. "Quick printing" services are included in the definit ion of "Business support services."

Privacy. "Privacy" means the protection [rom an unreasonable level of visual intrusion into a residential building or property. Privacy shall be judged by the view from the li ving room, den, study, fam ily room, great room, library, dining room or balconies (greater than 25 square feet) of the new devclopment into the buildings and backya rd outdoor space of ex isting buildings.

Private clubs and lodges. "Private clubs and lodges" means any estab li shment that is owned or leased by a civic, [ratemal, nonprofit or other organization for the primary purpose of having pri vate meetings for their membersllip, where access to the general public is restricted. For purposes of this code, a country club in the SR Zone is not a private elub or lodgc.

Property line, frout. "Property line, front" means, in the case of an interior lot, a line separating the lot from the street. In the case of an interior lot with more than one (I) street frontage, each such frontage shall be a front property line. In the case ofa corner lot, a line separating the nanowest street frontage or the lot from the street shall be a front property line. In the case ora "lot" created as a result o[ a combination of two (2) or more contiguous lots, or by a proposed or recorded subdivision or parcel map, the front property line shall be estab li shed on the basis of the predominant orientation of lots ex isting in the immediate vicinity of said properly to the satisfaction of the director of planning. Diagram D~8 . which follows and is made a part of this chapter, shall be illust rative of the meaning of "Property line, front."

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l)ropcrty line, interior. "Property line, interio r" means any property boundary line whieh is not a longside a street. Diagram D-8, whieh follows and is made a part of thi s chapter, shall be illustrative of the meaning of "Property line, interior."

Property line, strect sidc. "Property line, street side" means any property line abutting a st reet other than a front property line. Diagram D-8, which fo llows and is made a part of thi s chapter, shall be illustrative of the meaning of "Property li ne, street side."

Public dance. "Public dance" means and includes any da nce :

1. To which admission may be had by the payment of a fce o r cover charge, or equivalent, or by the purchase, possession, or presentation ofa ticket or token;

2. To which admission may be gained by a person without invitation or by anyone who cannot be identified at the time o f the issuanee of lhe invitat ion by the sender;

3. Any gathering o f persons upon any premises except a pri vate home where no direct or indirect charge for admission is made, where dancing is participated in either as the main purpose of such gathering or as an incident to some other purpose for wh ich the public is admined;

4. At which or during the course of which instruction in the art of dancing is given or offered [or those in attcndance; o r

5. To which the public generally may gain ad mission with or without the payment of a fcc.

Pumpkin sales lot. "Pumpkin sales lot" means and includes any of the foll owing: any real property or p0l1ion thereof where pumpkins and other Hallowecn or Thanksgiving paraphernalia, as defined in this section, are offered fo r sa le. Halloween and Thanksgiving paraphernal ia sha ll include but not be limited to pumpkins, hay, straw, com sta lks and Indian com or any other item intended as decorations for use on or about the dates known as Halloween and Thanksgiving Day.

Q. Definitions, "Q". No dcfinitions oftenns beginning with "Q" are used at thi s time.

R. Definitions, " It". The follo wing definiti ons are in alphabet ica l order.

R~ldio frequ ency. '·Radio frequency" means with n:ga rd to wireless telecommunications antennas pursuant to chapter 30.48 of thi s code. rad io rreq uency radi ati(lll in the portion of the spcctrum from 300 kll z (kilohcl1z) to 300 GHz (gigahert7.).

H.ecreational camps. "Recreational camps" means fac ilities offering short-term recreational or educational opportuni ties, which may include overnight camping, including enclosed group

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quarters or area lur tents, trailers or recreational vehicles. Recreational camps do not include schools of any kind.

Recycling. "Recycling" means a center lor the co llection and/or process ing of recyclab le materials. A cert ified recycling facility or certified processor is certified by the California Department of Conservat ion as meeting the requirements of state law (California I3everage Container Recycli ng and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercia l or industrial des ignated parcel used solely fo r the recycl ing of material generated on the parce l.

Repair. "Repair" means the reconstruct ion or renewal of any part of an existing building for the purpose of its maintenance.

Repuir and main telUlUcc, consumer products. " Repai r and maintenance, consumer products" means service establishments where repai r of consumer products is the princi pal business activity, including, but not limited to: e1 cctrica l repair shops; television and radio and other appliance repair; tool sharpening and repai r; watch; clock and jewclry repair ; re-upho lstery, refi nishing and fuminlTc repair (no manufacturing). This usc does not include shoe repai r (see Personal services).

Research and development. "Research and development" means facilities including, but not limited to: sc ientific research, and the design, development and testing of computer software, and electrica l, electronic, magnetic, optical and mechanical components of product manufacturing. Research and development also includes chemical and biotechnology research and development and does not include medical laboratories, which are included under "Medical and denta l laboratories. "

Residential cong"egate care facilities. "Residential congregate care facili ti es" means use ofa residence/establi shment for the purpose of providing, [or a fee, adult day care and/or twenty-four (24) hour-a-day, non-medical residential li ving accollunodations, for more than six (6) individuals, and where the duration of stay is determined, in whole or in part, by the individual residents' participation in group or individual activities, such as counseling, recovery planning, and medical or therapeuti c assistance. Tlus classi fi cation includes, but is not limited to, the fullowing facili ties as licensed by the State of Californi a: "Health facili ty" (1-1 &SC section 1250 et seq.), "Communi ty Care Facility" (1-I&SC section 1500 et seq.), Residential Care Facilitics for the Elderly (H&SC section 1569 ct seq.), and "AlcohollDrug Abuse Treatment Recovery or Treatment Facility (I-I&SC section 11 384.1 1).

Residential congregate care facilities, limited. " Residential congregate eare facil ities, linuted" means use of a res idence for the purpose of providing, ror a fee, adult day care and/or twentyfour (24) hour-a-day, nOll-medical residential li ving accommodations, ror six (6) or fcwcr individuals, and where the duration of stay is detennilled, in whole or in part, by the individual residents' participation in group or indi vidual acti vities, such as counseling, recovery planning, and medical or therapeutic ass istance. This classification includes, but is not limited to, the fol1owing facilities as licensed by the State of Ca li fornia: "Health Facility" (H&SC section 1250 et seq.), "Corrununity Care Faci lity" (I-I&SC section 1500 et seq.), Residential Care Facilities for

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lhe Elderl y (H&SC scction 1569 ct seq.), and "AlcohoVDmg Abuse Treatment Recovery or Treatment Facility (II &SC sect ion 11 384.11)

R.estaurant, counter service with limited scating. " Restaurant, counter service wi th limited scaling" means an cstabli slunent which serves prepa red food , of which there is no on-site consumption , or on-site consumption of food is limi ted 10 an area con taining a maximum of eigh t (8) seals.

Restaurant, fast food . "Restaurant, fast food" means an establ ishment which is engaged plimarily in the business of preparing food and purveying it on a selfserve or semi-self serve bas is, and with 1110re than eight (8) seats . Customer orders and/or service may be by means of a wa lk-up counter or window designed to accommodate automobile traffic. Consumption may be either on or off the prem ises.

Restaurant, full service. "Restaurant, full service" means an establi slunent that is engaged plimaril y in the business of prcparing and serving meals for consumption on the premises. Such restaurants employ help to fully accommodate customer orders at the table and primarily selVe the general publi c. Such restaurants shall have less than thirty (30) percent of the serving area available for private party rental where access by the general public is restricted. A restaurant, fu ll service is not a banquet hall.

Retai l stores, general mel·chandise. "Retai l s tores, general merchandise" means stores selling new or used merchandise including but not limited to:

Antique stores; Art stores or galleries; Bicycle, sales and service; Book stores; Camera stores; Carpet and floor covering stores; China and glassware stores; C lothing and appa re l stores; Department stores; Drapery stores; Drugstores; Food stores and markets (under twenty thousand (20,000) square feet) ; Florist and plant shops; Furni ture stores; Gift shops; Hobby shops; Lighting stores; Mail order houses, reta il and catalogue; Music stores; Pel Shops; Portrai t studios; Radio, television and similar electronic component stores;

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April 6, 2010

Shoe stores; Sporting goods store; Stamp and coin shops; Stationary stores; Telephone and communication serv ices; Tobacco shops; and Toy stores

Retirement or rest home. "Reti rement or rest home" means a residence where ambulatory persons, or ill persons arc provided limited dietary, and other limited personal services, but excluding cases of contagious or communicable diseases and excluding surgery or primary treatmcnts as are customary in sanitariums and hospitals. No services arc provided to nonresident s.

Riding academies or stables. "Riding academics or stables" mcans a facility that oifers instruction in horseback rid ing and related equine education, and also ineludes related stab les. This usc is nut to be located nearer than onc-half(1I2) mile to the RI , R I R, ROS, R-3050, R-2250, R-1650 and R-1250 zones, on which there is no II (Horse) overlay zone.

Roof. "Roof' means a part ofa bui lding completely coveri ng any portion of such build ing and pemlanently a«ached but excluding chi mneys, antennas, vents and mechanica l equipment.

Roof mounted antenna. " Roof mounted antenna" means an anlelma with its support structure placed directl y on the roof of any building or structure.

Room. "Room" means an unsubdivided portion of the interior ofa dwelling, excluding bathrooms, closets, hall ways and service porches.

S. Iletinitiolls, "S". The following defin itions are in alphabetical order.

School, physical training. "School, physica l training" means an institution or business offering training in physical development and sp0l1s, including, but not limited to, yoga studios, pilates studios, and martial arts stud ios.

School, private. "School, private" means an educational institution other than a public school which offers instruct ion in the several branches of leaming and study requ ired to be taught in the public schools or wherc instruction is given in the vocational,

School, private specialized. "School , private specialized" means an institution offering specialized and vocational train ing, including, but not limited to, cooking, art and music schools.

School, public. "School, pub li c" means an institution oflearnillg operated by a public body whieh offers instruction in the several branches of leami ng and study required to be taught in the public schools by the Education Code of the state ofCaliromia.

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Semi-subte .... aue~lI). "Semi-subterranean" means that portion ofa bui lding hav ing a finished 1loor level or rooflevel directl y above it which does not exceed four and one-half (4 '12) feet above grade. Diagram D-9, which follows and is made a pmt of this chapter, shall be illustrative of the meaning of "semi-subterranean."

Senior housing. "Senior housing" means a development consisting of dwelling unjts, in which each unit is restricted lo r occupancy by at least one ( I) pcrson in each househo ld who is sixtytwo (62) ycars of age or older, or fifty-fi ve (55) years or older if the developmcnt consists of thirty-five (35) units or more.

Service a,·ea. "Servicc area" means a geographic area served by a si ngle wireless telecommunications fac ili ty.

Sen'ice network "Service network" means a wireless telecommunicat ions transmission system operated by a service provider in a community or jurisdiction.

Service statioll, automobile, "Scrvice station, automobile" means a place of business where motor vehicle fuel is so ld to the general public. Other activ ities permitted Illay include the sa les of related goods and services for motorists, or perfonnance of maintenance and minor repairs to vehicle excluding body work, painting or washing ofvchicles.

Setback. "Setback" means the minimum distance req uired between a property line and building or structure measured perpendicular from the property line. The setback for swimming pools and spas shall be measured from the edge of the waleI' line for below surface pools and from the nearest point of the structure for above surface pools. Diagram 0 -10, wh.ich follows and is made a part of this chapter, sha ll he illustrati ve of the meaning of "setback."

Setback, inte.' ior. "Setback, interior" means the minimum distance required between a building or struchlre and any property line which docs not abut a street.

Setback, street front. "Setback, street fronL" means the minimum distance required between a building or structure and the front property line.

Setback, street side. "Setback, street side" means the minimum distanec rcquired between a building or structure and any property line whieh abuts a street other than the Iront property line.

Shopping cart, "Shopping cart" means any basket of any size, mounted on wheels or a similar device, including parts thereof, provided by the store operator for the purpose of transp0l1ing goods of any kind within a business establishment or designated parking or loading area of that business establishment.

Signs. «SibTJ.1S" means as defined in chapter 30.33.

Slope, average current. "Slope, average current" means the gradient in percent of the current land before an y current grading or other terra in modificat ion is commenced. The average slope ofa parcel ofland or any portion thereof shall be computed by apply ing the rOlIDula

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s ~ O.00229.1L A

to the current slope of the land, as dctcnnined upon accurate topographk surveys using a contour interva l no greater than two (2) feet, and a horizontal map scale of one (1) inch equals onc hundred (100) feet or larger. Such maps and calcu lations shall be cCI1ificd by a registered civi I engineer or licensed land surveyor as to the ir accuracy. The letters in thi s formula shall have the following significance:

S = Average percent cunent slope

I = Contour interval , in feet

L = Summation of length of contour lines within the boundary of the project, in feet

A = Gross area o[the project, in acres.

Solar energy equipment. "Solar energy equipment" means a solar panel, array of solar panels, so lar panel mounting structures including footing and ra il assemblies, plumbing and wi ring associated with so lar panels, inverters, meters, controllers, and solar energy system batteries.

Solar panel. "Solar panel" means a so lar photovoltaic panel lor electricity generation or a solar panel [or water heating.

Sorority or fraternity houses and dormitories. "Sorority or fraternity houses and dorm itori es" means a dwel ling or dwelling unit maintained for sorority andlor fraternity members and their guests or visitors and affiliated with an academic or professional college, uni versity or other institution (-or higher learning.

Soundstages (production). "Soundstages (production) means warehouse-type facilities providing space for the eonstmetion and use of indoor sets, including supporting workshops and craft shops.

Spas and swimming pool, sales and service. "Spas and swimming pool, sales and service" means stores that sell supplies associated with the care of spas and pools and where service is provided primaril y on the premises of their clients.

Stable, private. "Stable, private" means a detached accessory build ing for the keeping of horses owned by the occupants oflhe premises and not kept for remuneration, hire or sale. Stable shall be completely enclosed on all sides with the exception or doors, windows, skylights and other ventilating apertures.

Storage, personal facilities. "Storage, personal fac ilities" means a building or group of bu ildings containing generally small , individual , compartmenta li zed stalls or lockers rented to the public as individual storage spaces.

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Storage, outdoor facility. "Storage, outdoor facility" means the storage of new or used materials, except junk and docs not include storage of inoperable vehicles.

StOI,),. "Story" means that portion of a building included between the upper surface of any nool' and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface ofthc topmost floor and the ceiling or roof above. A basement, cellar, parking garage or unuscd underfloor space shall not be considered a story if three (3) feet or less above grade. Diagram 0 -11 , which fo llows and is made a part of tlus chapter, shall be illustrative of the meaning of "story."

Street, future. "Street, future" means an area designated on a map as a "future street" which is proposed to be uscd as a new or enlarged public right-of-way at some time in the future as may be necessary to provide access to certain propcI1y or as may be necessary to provide [or adequate street widths.

Street, pl·ivate. "SlI'eet, private" means a thoroughfare approved by the city council as an undedicated private street and posted as a private street.

Street, public. "Street, public" means any public thoroughfare other than an alley, walk, or limited access highway; the side lines of the right-of-way constitute the side lines ora street.

Structure. "Structure" means anything const ructed. lor which a permit is required and has a foundation but no roof. "Structure" docs not include fences and wa ll s.

Subterranean. "Subterranean" means a building which is completely below grade or that port ion or the enclosed floor area ofa building having a top of slab level or roof level directl y above it which docs not exceed grade along the entire perimeter of such floor space level.

Supermarket. "Supennarket" means any retai I establishment with 20,000 square feet of floor area or greater which sells fresh meat, fresh vegetables and fresh fruit.

T. Definitions, "'1'''. The following definitions are in alphabetical order.

Tavern. "Tavern" means any establishment that primarily provides for the on-prenuses sale, serving and consumption of alcoholic beverages and that derives more than lifiy (50) percent of gross revenues from the sale of alcoho lic beverages. Taverns include bars, pubs, cocktail lounges and similar establishments, but do not include nightclubs,

Telecommunications. "Telecommunications" means the transmiss ion, between or among points speci fi ed by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunications towel'. "Telecommunications tower" means a freestanding mast. pole. monopole, guyed tower lanice tower, free standing tower or other structu re designed and primarily used to support wireless communication facili ty antennas.

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Tire store. "Tire store" means a place where the principal business is the sale or installation of ncw, used or retread tires and tubes.

Theaters. "Theaters" means movie theaters, or any hall where live entertainment is given or held as the principal usc, which contains a permanent stage upon which movable sccncry and theatrical appliances arc used and where regular theatrical perfonnances are given.

Towing services and impound yards. "Towing services and impound yards" means the business of towing motor vehicles for compensation by means of a tow truck and the area used for the temporary storage of towed vehicles by a towing service operator pending the return of the vehicle to its owner.

U. Definitions, "U". The fo llowing definitions are in alphabetical order.

Underlying zone. "Underlying zone" means any zone other than an overlay zone which is applicable to a properly.

Utilities and transmission facilities. "Utilities and transmission facilities" mcans facilities for the production, storage, transmission, distribution, and recovery of water, sewage, energy, and olher similar utilities.

V. Definitions, "V". The follo wing defInitions arc in alphabetical order.

Vehicle dealersbip. "Vehicle dealership" means a business ofTering new or used vehicle sales, service, leasing, vehicle storage, vehicle display, and general repairs under a licensed franchise from one (1) or more vehicle manufachlrers. This definition allows the operation of a vehicle leasing agency. A car wash that is incorporated into Lhe dealershjp and is not available to the general public is considered incidental to the vehicle dealership use.

Vehicle repair garages. "Vehicle repair garages" means any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles. This use docs not include body shops and painting booths and tire stores.

Vebicle sales, leasing and rental agencies. "Vehicle sales, leasing and rental agencies" means establishments primarily engaged in the sale, maintenance, service, repair, storage, and rental of vehicles, including new and used automobiles, motorcycles, light trucks, recreational vchicles and boals. General repairs including limited body repair and painting that is incorporated into the dealership and is not avai lable to the general public is considered incidcntal to the use.

Vehicle storage or vebicle sales displuy urea. "Vehicle storage or vehicle sales display area" means an area used for the storage of new or used vehicles of any Iype, or an area used for the storage of vehicles undergoing repair.

Veterinary offices, including bospitalization services. "Veterinary offices, including hospitalization services means a medical facility licensed by the State Department of Public Health for the treatment of household pets. The use may include the overnight care of animals.

124 April 6, 2010 J:filcdldod:ik~lordiwirekss antenna ordlwireless antenna ord FINAl. (witll diagrams) 040610 with Planning Addilions - 3

W. Definitions, '~W". The following definitions are in alphabetical order.

Warehousing. "Warehousing" means the use of a building or structure primarily as storage space for goods of any Iype, excepting incidental storage and goods stored solely for usc on the premises.

Western retail am) supply stores. " Western retail and supply stores" means reta il stores specia li zing primarily in the sa le of items associated the keeping, riding, and maintenance of horses.

Whip antenna. "Whip antelU1a" means an antcnna that transmits signals in 360 degrees. Whip antennas arc typically cylindrical in shape and are less than three inches in diamctcr and measurc up to six feet in length, including the mounting. Also called "omni-direct iona l," "stick," or "pine anlemla."

Wholes:lling. "Wholesaling" means sales to retailers or merchants for the purpose of their own business use or resale only, and not to consumcrs or the public in general.

Wireless telecommunication§. facility. "Wireless telecommunication~ facili ty" means allY facility that transmits and/or receives electromagnetic waves, inciudinQ. but not li mited to commercial wi reless communications antennas and other types 01" equipment fo r the transmission or receipt 01" such signals. telecommunications towers or s imilar structures supp-orting said equipment. equipment cab inets. pedestals. meters. tun nels, vaults, splice box, surface l(lCnl ion marker, equipment. equipment build ings, park ing areas and other accessory development for the J*lrpose orlransm itt-ing anti-log or d igital voice or data communications. JI inc ludes antennas. mi€roVlBve dishes, homs-&nd other types of:.equipment for tlle-«:ansrnissioll flr reectpt of such :;ib"llals, telecommunicAtion towers or monopoles, or similar structures supportillg said eqllipmcnt,eElllipmcnt buildffigs,-sAeilers ar cabi nets, and ather accessory development. "\l,Iireless teiecommllll icatiHIl-fac-ili-ty" includes persolla-I wireless services us defined in-the federal +eleeOllH1lllllicOlioll-S-A.et of 1996, ond 0:; fatooequentl)' amended. "Wireless te lceollununieotion facility" shall not include the following: federally licenseel amateur radio statiolls Alld faci~ities U:ied c:(e lusively for-rccciYe only antennas:-

Exceptions: The term " wi reless communications facility" does not apply to lhe following:

(a) A.mateur Radio Stations as defined by the FCC. 47 C. F.R. Part 97, of the Commission 's Rules.

(b) Any antenna faci lity that is subject to the FCC Over-The-Air-Receiving Devices rule. 47 C.F.R. Section 1.4000. including withoutlilllitations video antcnnas including d irect-to-home satellitc dishes that arc less than one meter (39.37") in diameter, TV antennas that are no greater than 12 reet above the roof or lhe building to which they are attached and wireless cable antennas.

125 Apri16,2010 l: filcdldocfikslordlwirclcs.s antCJIDa Old/wircless anteJlna ord FINAL (with diagrams) 040610 with Planning Additions· 3

(c) P011able radios <lnd devices including without limitation hand-held, vehicular, or other portah le receivers. transmitters or tnmseeivers. ccllular phones, eli radios, cmergency services radio, and other similar portab le devices.

(d) Govcrnmcnt owned and operated teleeonmlUilicatiolls facilities.

(e) Emergency mcdical care provider-oVomcd and operatcd telecommunications facil ities.

(1) New equipment or matcrials in the same location as stich ex isting [Icilities, 1'01' the sale purpose o(repairing, rep lacing or maintaining such existing facilities for protecting public health. salety and welfare as determined by the d irector of public works in the case or encroachment permits or by (he «Director of vPlanning in case of J~lcili(ies on pri vate propelty.

(g) Any wireless telecommunications facilities exempted from this code by federal law or state law.

X. Definitions, "X". No det-ini tiolls of terms beginning with "X" are used at this time.

Y. Definitions, "Y". No definitions of tenlls beginning with "Y" are used at tllis time.

Z. Definitions, "Z". No definitions oftelms beginning with "Z" are used at this time.

126 April 6, 2010 J:fi1cdldocfile.'i/ordlwirclcss antenna ordlwircless aJitenna ord FTNAf . (wilh diagrams) 040610 willI PlaJining Additions - 3

DIAGRAMS FOR CHAPTER 30.70

FRONTAGE HEIGHT

FIGURE D-3 FIGURE 0-4

LOT1

LOT 2 LOT 3

~ ~

OT5 LOT ~ m

LOT 6 m

LOT 7 ~ w

LOT S

STREETA

----FRONTAGE

127 April 6, 20 10 J: UI~\Vdocliles/ordl\Yircle~s antenna nrdlwirclcss antenna nrd FINAL (with diagrams) 04061 0 with Planning Additions· 3

DIAGRl\MS FOR CHAPTER 30 . 7 0

LOT/LOT AREA/LOT, CORNER! LOT, INTERIOR

FIGURED·S

STREET A

CORNER LOT

·A1llots, wi th the exceplion of Lol4, are Interior Lots

128

LOT WIDTH

FIGUREO-i

LOTI

-'--- ,I --,~ OT 5 LOT

LOT 2

LOT7 LOT 6

lOT 8

"w ~ STREET A

W =FRONTAGE

NOTE: In the ROS and Rl R zones, 101 width is measured 15 ft, back; and parallet to the front PIQPtlrty lille.

Apri16,2010 J:r.t edldocfilcs/ordlwirtless anlC1Ula o rdlwirdess anlenna ord FINAL (willi diagrulllS) 04061 0 willi rt alilling Additions · 3


FIGURE 0 -7

15 FT

I I h I PROPERTY LINE

I

129

FIGURE 0-8

LOT 1

LOT 2 LOT 3 • •

LOTS LOT

LOT 7 LOT6 4

LOT 8

I "'RONi'I STREE;;'

ALL PROPERTY LINES NOT SHOIfoJN AS FRONT OR STREET SIDE ARE INTERIOR PROPERTY LINES

April 6, 2010 l :fi1edldocfiles/ordfwirclcss anlenna ordlwircless antenna ord FINAL (with diagrams) 0406 10 wilh Planning Additions - 3

DIAGRAMS FOR CHAPTER 30. 70

SEMI-SUBTERRANEAN

FIGURE 0-9

SECOND STORYIFLOOR

FIRST STORYJflOOR

DRIVEWAY

CROSS-SECTION VIEW

130

SETBACK

FIGURE 0·10

PRoPERf'Y U~

r------- ----- - - -~

! BUILDING I

, ---------~

, ,

, ,

April 6, 2010 l :filedldocfilcslonllwirelcss antenna ordfwirclcss 3Jucnna ord FINAL (with diagrpm~) 040610 with Planning Ad(]itions - 3

,UBTERRANEAN OR SEMI·

iUBTERRANEAN GARAGE

NOT COVERAGE)


COVERAGE

FIGURE D-1

BALCONY , --- -------------- , I ~=-=!---- - ------, I I L.. ____ --,- _______ : I I

I ' I I I ~~~rJ'° I I I I I I MAIN BUILDING ---- .---, I I I

COVERAGE I

FLOOR AREA (GROSS)

FIGURE 0-2

I

I--..J

~ I : C:i-...... FIRSTFLOOR I

_ fISECO~D ~LOO~ uNe l

------ELEVATOR~~1 MECHANICAL

I OPEN TO ABOVE I EQUIPMENT

---c-LATTICEfTRElUS (NOT COVERAGE!

ACCESSORY BUILD(NG

COVERAGE

: I UNE , I i . J...SECONO FLOORI ~ LINE

: I . I

RSTFLOOR I LINE !

I I I

I :.-- ROOF UNE I

_________ .J _____ J

BAYWlNOOW

~ALCONYI

. I FLOORLlNE!

OPEN TO BELOW

-

SECTION 36. Effcctive Datc. This Ordi nance shall take effect and be in force sixty (60) days after the date of its passage.

I

SECTION 37. Severabili ty. This ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrasc is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard the City Council finds and declares that it would have adoptcd thi s'measure notwithstanding any partia l invalid ity hereof.

131 April 6, 2010 J:fiktVdocli(cs/ordlwirclcss antenna ordlwircless antenna ord FINAL (with diagrams) 040610 witl1 Planning Additions - 3

--.----ELEVATOR~I MECHANICAL EQUIPMENT

SECTION 38. The temporary moratorium adopted by Ordinance No. 5658 shall be deemed expired as of the effective date of this Ordinance.

Passed by tIle Council of the City of Glendale on the __ day of _ ______ _ 2010.

Mayor

ATTEST:

City Clerk

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF GLENDALE )

I, Ardashcs Kassakhian, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by a 4/5th vote o[the Council of the City of Glendale, California, at a regular meeting held on the __ day of ,2010, and that tbe same was passed by the following vole:

Ayes:

Noes:

Absent:

Abstain:

City Clerk

APPROVED AS TO FORM

~---

t32 April 6, 20 I 0 J:fikdldoclilcs1ordlwirclc.~s antenna ordlwirelcs5 antenna ord fiNAL (with diagrams) 040610 with Planning Addilions - 3

ORDINANCE NO. ____ _

AN ORDINANCE OF THE CITY OF GU:NOALE, CALIFORN IA, AIlOI'TING G lcNERAL PLAN AMENDMENT 2010-001 A~mNDING THE SOUTH BRAND 1l0ULEV ARD SPECIFIC PLAN, TOWN CENTER SPECIFIC PLAN AND TJfE

DOWNTOWN SPECIFIC PLAN REGARDING THE REGULATION OF WI RELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF GLENDALE

BE IT ORDAINEI> BY TJfE COUNCIL OF TJfE CITY OF GLENDALE:

SECTION 1. South Brand Boulevard Specific Plan, Chapter X. Implementation Program, Secti on D. Zoning. 4. Commercial Auto/OfJice Zone (CA/O). Sec. 40 I is amended 10

read (IS fo llows:

Sec. 401. Permitted I' r imal)' Uses and Structures.

Within the "eND" Zone, buildings, structures and land shall be used and buildings, s tructures and usc(s) shall be erected, structurally a ltered, enlarged, maintained, establi shed or expanded only Jor the fo llowing permitted uses:

a. The sa le of new and/or used passenger automobi les, light trucks (nollo exceed 15,000 pounds of gross vehicle weight), motorcycles, motorbikes and motorscooters.

b. The leas ing or motor vehicles in "a." (above) luI' periods of two months or more.

C. The short term rental of vehicles listed in "a." (above), exclud ing therefrom the rental or trai lers and heavy equipment.

d. Structures for the conduct or such permitted uses, to include management, sales and bookkeeping offices, employee facilities; disp lay of veh icles for sale, rent, or lease; storage or service equipment, vehicle palis and accessories for both on~site use and retail sale.

c. The followi ng uses pennitled on the fi rst floor level only:

1. Banks and financial institut ions. 2. Dusi ness support services. 3. Day care centers. 4. Gym and health centers. S. Jewelry stores, including incidental fabri cation. 6. Personal services 7. Restaurant, counter service 8. Restaurants, [li ll service. 9. Retai l stores, general merchandise 10. Schools, physical education II. Schools, private

9 A 3

12. Schools, spec ia li zed education and training

f. Officc uses, as approved by the Directo r of Planning, excluding medical and dental offices, on or above the first fl oor levc l.

c. Wireless te lCCO ll1l1ll1 ni catio llS fac ili ties. subject to Chapter 3!HR of lhe ( ll endale Municipal Code.

SECTION 2. South Brand Boulevard Specific Plan, Chapter X. Implementat ion Program, Section B. Zoning. 4. Conunercial Auto/Office Zone (CAlO). Sec. 408 is amended to read as follows:

Sec. 408, Floor Arca Ratio (l"AR) and Building Hcight.

All structures shall conform to the foll owing standards and guidel ines:

a. Floor Area Rat io (FA R):

No structure in the CA/O zone shall exceed a Floor Area Ratio (FAR) 01'2.5. When a dealership, as defined by GMC Section 30.70.020, occupies the first noO!' or comprises at least 50 percent of the site, a maximum FARof 3.5 shall apply. However, the entitlemcnt for any Floor Area Rat io greater than 2.5 shall require that a covenant and/or development agreement be recorded lor the entire parcel. The tenl1S of such agreement shall be subject to the approval of the Director of Planning and shall set forth conditions in the event the dealership use is discontinued.

b. Building Height:

1. Structures in the CNO zone shall not exceed a maximum height oj' six ty (60) fee t above grade.

2. Additional commercial office height. St ructures in the CA/O zone, with a minimum tiny (50%) floor area devoted to commercial office lI ses, may be allowcd a maximum height of six (6) stories or ninety (90) feet above grade.

3. Enclosed or screened rooftop equipment, including e levator shafts and stai rwell s not exceeding 15' in height above the roof of a building and occupying no more than fifteen ( 15) percent of the rooftop area shall be excmpted rrom this height limit , provided they are located a minimum of forty (40) feet from any residential zone.

4. For exceptions to he ighllimits for wireless telecommunicati ons fac ili ties, see Chamer 30.48 orthe Glendale Municipa l Code.

c. Any portion of structures located wi thin 40 feet of a residential zone shall bc des igned to minimize the impacts to adjacent residentially zoned properties.

2

SECTION 3. South Brand Boulevard Specific Plan, Chapter X. Implementation Program, Section 13. Zoning. 5. Commerc ial Au to/Commercia l Specialty Zone (CNCS). Sec. 50 I is amended to read as follows:

Sec. SOL Permitted I)rimary Uses and Structures.

With in the "CNCS" zone, bui ldings, structures and land shal l be used, and bui ldi ngs, structures and uses shall be erected, structurally altered, enlarged, maintained, established or expanded only fo r the Jo Howing permi tted uses:

:1. The sa le of new andlor lIsed passenger automobi les, light trucks (not to exceed 15,000 pounds of gross vehicle weight), motorcycles, motorbikes and mo torscooters.

b. The leas ing ormotor vehicles in "a." (above) fo r periods ortwo months or more. c. The short term rental of vehic1cs li sted in "a." (above), excl udi ng therefrom the rental of

trai lers and heavy equ ipment.

d. Structu res for the conduct of such permitted uses, to include management, sales and book keeping offices, employee facili ties; display of vehicles for sa le, ren t, or ease; storage ol'serviee equipment, vehicle pmis and accessori es for both on-site use and retail sale.

c. The Jo Howing uses permitted on the first 11 00r level only:

1. Busi ness support services. 2. Day care centers. 3. Hardware stores. 4. Jewelry stores, including inc identa l fabricat ion. 5. Personal services. 6. Repair and main tenance, consumer products. 7. Restaurant, counter service with limited seati ng. 8. Restaurants, full service. 9. Retail stores, general merchandise.

f, O lliee lIses, as approved by the Di rec tor ol' Planni ng, excluding med ical and denta l ollices, on or above the (i rst floor level.

c. Wireless telecommunications fac il it ies, subject to Chnplcr 30.48 urlhe Glendalc Municipal Code,

SEcnON 4. South Brand Boulevard Specific Plan, Chapter X. Implementation Program, Scction B. Zoning. 5. Commercial Aulo/Commercia l Specially Zone (CA/CS). Sec. 508 is amended to read as fo llows:

Sec. 508. Floor Are~1 Ratio (FAR) and Building lI eight.

3

All structures shall conform to the following standards and guidelines:

a. Floor Area Ratio (FAR):

No structure in the CAICS zonc shall excced a Floor Area Rat io (FAR) of 2.5 . Whcn a dealership, as defined by GMC Section 30.70.020. occupies thc first floor or comprises al least 50 percent of the site, a maximum FAR of3.5 shall apply. Howt!ver, the enti tlement for any Floor Arca Ratio greater than 2.5 shall require Ihal a covenant andlor developmcnt agreement be recorded for the entire parcel. The tenTIS of such agreemenl shall be subject to the approval of the Director of Planning and shall set forth conditions in the event the dealership use is discontinued.

b. Building Height:

I. Structures in the cAles zone shall not exceed a Ill<lximulll height of sixty (60) fcct above grade.

2. Addit ional commerc ial otlice ht!ight. Structures in the CAICS zone, wi th a minimum fifty (50%) noor area devoted to commerc ial offi ce uses , may be allowcd a maximum height of six (6) stories or ninety (90) feet above grade .

3. Enclosed or screened rooftop equipmcnt, includ ing elevator shafts and sta irwells not exceeding 15' in height above the rooi" ofa bui lding and occupying no more than fifteen (15) percent of the rooftop area shall be exempted from this he ight limit, provided they arc located a minimum of forty (40) feet from an y residential zone.

4. For exceptions to he ight limits for wireless telecommunicat ions fac ilities, see Chapte r 30.48 ol"tht: Glendale Municipal Code

c. Any portion of structures located within 40 fect of" a residential zone sha ll be designed to minim ize the impacts to adjacent residentiall y zoned properties.

SI~CTION S. South Brand Boulevard Specific Plan, Clwptcr X. Implementation Program, Sect ion B. Zoning. 6. Commercial Auto/Commercial General Zone (CNCG). Sec. 601 is amended to read as follows:

Sec. 601. Permitted Primary Uses and Structures.

In the "CA/CO" zone, bui ldings, structures, or land shall be used, and buildings, structures and uses shall be erected, structurally altered, enlarged, maintai ned, established or expanded only for the foll owing permitted uses:

a. The sa le of new and/or ust!d passenger automobiles, light trucks (no t to exceed 15,000 po unds 01" gross vehicle we ight), motorcycles, mo torbikes and motorscooters.

b. The leasing of motor vehicles in "a." (above) for periods of two months or more.

"

c. The Sh0l1 term rental of vehicles listed in "a." (above), excluding therefrom the rental of trail ers and heavy equipment.

d. Structures for the conduct of such permitted uses, to include management, sa les and bookkeeping offices, employee facilit ies; di sp lay of vehicles for sa le, rent or leClse ; storage of serviee equipment, vehicle pm1s and accessories for both on- site use and retail sa le.

e. Office uses and non-auto related commercia l reta il and serv ices as contained in Chapter 30.12 ("C3" Commercial Service Zone) of the Glendale Municipal Code.

r. Wireless telecommunications faci lities, subject to ChaJltcOtL~~ or the C;[entiaie Municipal Code.

SI~CTION 6. South Brand Boulevard Specific Plan, Chapter X. Implementation Program, Section B. Zoning. 6. Commercial Auto/Commercial General Zone (CA/CG). Sec. 608 is amended to read as 10llows:

Sec. 608. Floor Area Ratio (FAR) and Building Height.

No building or stlUcture in the "CNCG" zone shall exceed a Floor Arca Ratio (FAR) of2.5 and a height at any point of six (6) stories or ninety (90) feet above grade, whichever is less. When a [lill service new car dea lership, as defined in Section 408 of this code, occupies the lirst 0001' or comprises at least fifty (50) percent of the site, a FAR 01'3.5 and six (6) stories or ninety (90) feet above grade, whichever is less, shall apply. However, the entit lement for any Floor Area Ra lio greater than 2.5 shall require that a covenant and/or development agreement be recorded lor the entire parcel. The terms of such agreement sha ll be subject to the approval of the Di rector of Plarming and shall set fOl1h conditions in the event the dealership use is discontinued. Enclosed or screened rooftop equipment not exceeding five (5) feet in height above the roof of a building shall not be included as part of the height of the build ing. Elevator shaHs and slailwells not exceeding 15 feet in height above the roof of a building shall not be computed as part of the height of the bu ilding. Additionally, rooftop equipment , elevator shans and stairwells occupying no more than GHeen (15) percent orthe rooftop areCl shall be exempt from height measurements. However, parking structures are exempt fr0111 the story requi rement but may not exceed Jiliy (50) teel in height. Fnr C'xceptioll s 10 hckhl limi ls I-or \vircil:ss Icil:l:OllllllUnic<llions iilCililic:s, scc Chapter 30.48 ol'thc (jknJalc Municipal Code.

SECTION 7. South ilrand Boulevard Specific Plan, Chapter X. Implementation Program, Section il. Zoning. 7. Commercial Specialty Zone (CS). See. 70 I is amended to read as follows:

Sec. 701. lJennitted Primary Uses and Structures.

Within the "cs" zone, buildings, structures and land shall be used , and buildings, and st ructures shall be erected, structurally altered, enlarged, maintained, estab li shed or expanded only for the following permitted uses:

5

a. The following uses permitted on the lirst 1100r level only:

1. Business support services. 2. Day care center. 3. IJet grooming. 4. Hardware stOres. S. Jewelry stores, including incidental fabr icat ion. 6. Personal serv ices. 7. Restaurant , counter service with limi ted scaling. 8. Restaurants, fult service. 9. I{ctaii stores, general merchandise.

b. Office uses, as approved by the Director of Planning, excluding medical and dental offices, above the first floor level.

C. Wireless tci CCOlllllltll1il:ations J ~lcilities. subjecllo Chapter .1 0.4X n j"lhe Glendale Munic ina l Code.

SECTION 8. South Brand Boulevard Specific Plan. Chapter X. Implementation Program, Section B. Zoning. 7. Commercial Specialty Zone (CS). See. 70N is amcnded to read as follows:

Sec. 708. Floor Area R~,tio (FAR) and Build ing Ileight.

No building or structure in the "CS" zone shall exceed a Floor Area Ratio (FAR) of 2.5 and a he ight at any point of six (6) stories or ninety (90) feet above grade, whichever is less. I lowever, park ing st ructures are exempt from the story requirement but may not exceed fifty (50) feet in height. Within fort y (40) feet of a residentia l zone, the maximum height shall not exceed thirty~

five (35) feet. Enclosed or screened rooftop equipment nol exceeding live (5) feet in height above the roof of a building shalt not be included as pari or the height of the building. Elevator shafts and stairwetis not exceeding 15 feet in height above the roof of a building shall not be computed as palt of the height of the building. Additionatiy, rooftop equipment and elevator shaft s and stairwell s occupyi ng no more than fifteen (15) pe rcent u rt he rooftop area an five (5) feet in he ight shall be exempt [rom height measurements. For exceptions 10 he ight limits for wireless telecommunications facilities. sec Chapter 30.48 or tile Glendale Mlmicipal Code.

SECTION 9. South Brand Boulevard Specific Plan, Chapler X. Implementation Program, Section B. Zoning. 8. Commercial Neighborhood Zone (eN). Sec. 80 I is amended to read as fo llows:

Sec. 801. Pcrmitted Prima.·y Uses and Structu.·cs.

Within the "eN" Zone, Building, structures and land shall be used, and build ings, structures and use(s) shall be erected, structurall y altered, enlarged, maintained, established, or expanded only for the following permitted uses:

6

I. Banks and fi nancial institutions. 2. Business suppol1 scrvices 3. Day care centers. 4. Domestic pet grooming shops, provided that no animals shall be kept on premises

overnight. S. Dry cleaning and laundry establishments, non-industrial service to the genera l public

only. 6. Hardware stores. 7. Jewelry stores, including incidental fabrication. H. Liquor stores. 9. Nurseri es and garden supplies. 10. Office, above the first floor level only. 11. Personal services. 12. Repair and maintenance, consumer products. 13. Restaurant, counter service with limited seat ing. 14. Restauranls, fu ll service. 1 S. Retail. general merchand ise. 16. Other uses which the Director of Planni ng determines to be similar in nature, function

and operation to li sted pcrmitted primary uses witJlin this zone. 17. Wireless telecommunications I~lcililies, subjeello Chaplcr .10.48 o(lhC! Glendale

Municipa l Code.

SECTION 10. South Brand Bouleva rd Speeilie Plan, Chapter X. Implementation Program, Section D. Zoning. 8. Commercial Ne ighborhood Zone (eN). See. 808 is amended to read as follows:

Sec. H08. Building Height.

No building or structure in the "CN" zone shall exceed a height, at any point, of twenty-fi ve (25) feet above grade. An additional five (5) feet in height shall be permitted for any roofed area and mechanical equipment screened by such roofed area prov ided s llch roofed area has a minimum pitch of three (3) feet in twelve (12) feel; however, Ihis provision shall not be applicable to roof projections or clements app li ed to fl at roofs. Enclosed or screened rooltop equipment not exceeding five (5') fect in height above the mar ora building shall not be computed as part of the height of the build ing. Elevator shafts and rooftop stairwells nol exceeding IS ' in hei ght above the roofofa building shall not be computed as pal1 orthe height of the build ing. For except ions 10 heighllimits for wireless telecommunicat ions Iilciiil ics. sec Chapter 30.48 oflhe Glendale Municipa l Code.

SECTION 11. South Brand Boulevard Specific Plan, Chapter X. Implementation Program. Section B. Zoning. 11 . Commercial GenerallMedica l Services Zone (CG/MS). Sec. 110 1 is amended to read as rollows:

Sec. 1101. I)ermitted JlrinHlry Uses nod Structures.

7

With in the Commercial General/Medical Services ("CGIMS ") zone, buildings, structures and land shall be used, and buildings, stmctures, and uses shall be crectcd, structurally altered, maintained, enlarged , established or cxpanded on ly for the following permitted uses :

a. The provisions ofSeclion 901 of this code shall apply; b. Medical and dental laboratories; c. Medical and dental ollices; d. Offices e. Pharmacy. f. Hospitals. Thc dcvelopment standards of thi s zonc should apply except as otherwise

providcd hercin. g. Wircless tclecommunications lacilities. subject 10 Chapter 30.48 orthe Glenda le

Municipal Code.

SECTION 12. South Drand lloulevard Specific Plan, Chaptcr X. Implementation Program, Section B. Zoning. 11. Commercial General/Mcdical Services Zone (CGIMS). Sec. 1106 is amended to read as follows:

Sec. 1106. Building Height.

For 101 areas less than twenty thousand (20,000) square fee t, buildings and other structurcs shall not exceed a maximum of three (3) stories or fifty (SO) feet measured from grade; for lot areas of twenty thousand (20,000) square feet or more, and developed for med ical or medical related uses, the maximum height shall not excccd six (6) stores or ninety (90) feet measured [rom grade. An additional five (5) feet in height shall be permitted lor any roof area provided such roof area has a minimum pitch oftlrree (3) feet in twelve (12) feel. Enclosed or screcned roonop equipment, including elevator shafts and stairwells not exceeding IS ' in height above the roor oj" a building and occupying not more than fifteen (IS) percent of the rooftop area shall be exempted. For exceptions to height limits for ,>,fireless tclCC01l1rn Uili cat ioil s rat:ilit ics. see Chapter 30.4 8 or lhe Glendale Municipa l Code.

SECTION 13. South Brand Boulevard Specific Plan, Chapter X. Implementation Program, Section B. Zon ing. 12. Parking Structure Development Overlay Zone (PSD). Sec. 1205 is amended to read as fo llows:

Sec. 1205 Building Height.

No bu ilding or structure in Ihe "PSD" zo ne shall exceed a height, al any point, ofth irty~ live (35) feet above grade. Enclosed or screened roonop equipment , ineluding elevator shafts and stairwells not exceeding 15' in height above the roofof a building and occupying no more than fifteen (IS) percenl orlhe roonop area, shall be exempted. f o r ~\ccptinlls 10 hcigh llim its for ,vireless lelecommunications t~lc il itics. sec (' hamer 30.4R Dr lhe Glendait' M lLllic ipa l (·ode.

SECTION 14. Town Center Specific Plan , Chapter 3. Land Use and Development Standards, Section A. Permitted and Prohibitcd Uses and Structures. Table 1 is amended to read as follows:

8

A. PERMITTED AND PROHIBITED USES AND STRUCTURES

Table I below establishes permilled and prohib ited land uses within the SpeciJic Phm area:

TABLE t - Permitted and Prohibiteu Uses and Sh'uctures

P - Permitted (-) - Not Permitted AP - Administrat ive Permit (See Specific Plan Section S.C.3) MAP - Minor Administrative Permit (See Specific Plan Section 5.C.2) AU - Accessory use T - Temporary Usc W - Win:less Telt:~()1l1IllLlnit.:ali(\ lIs F~,(;i!ilics Permi t

Adult business / sexual encounter estab li shment uses as defined in GMC -Section 30.64.060.

-Alcohol Use Approvals, subject to the requirements specified in Section MA P' 3.B oflhis Specific Plan.

Ambulance services. -

Answering services. -

Antennas (pole type) and flagpoles. AU

Antique shops. P

Arcade and cybcr cafe devices incidental to a permitted primary usc, in AU compliance with Section 3.H.7 of this Specific Plan.

Art slores or galleries. P

Astro logy, palm reading, tarot card or other like service or facility. -

Auto dealership, ncw or uscd cars -

Allto display showroom only, 10,000 square reet o r less AP - - -

Auto part s or accessory retai ler as primary usc. -

Auto repair shop. -

Oakery shops (retail ), including the baking of products sold on the P prem ises.

Banks and savings and loan institutions. P

Oanquet, reception and assembly use facili ties A P

Barber co ll cge I Bcauty school. -

Barber shops. P - -

9

Bars, taverns, cocktail lounges, pubs, sports bars, or other similar P establi shment not incidental to a full service restaurant as defined in GMC Section 30.08.650, subject to the receipt of an Alcohol Use Approval.

Beauty shops. P

Billiards estab li shments. MAP

Book stores, new or used. P

Bowling alleys AP

Business centers AU

Camcra stores. P

Card rooms. -

Carpcl and floor covering stores. I' -

China and glassware stores. P

Christmas tree sa le lots. T

Churches, synagogues, temples and houses of worship. -

Cinemas / movie theaters. P

Civic and socia l organization offices. r Closeout sale, except in connection wi th the expiration of a tenant ' s -lease.

Clothing and apparel stores. P

Commercial laundry or co in-op laundromat facility, except a retail dry -cleaning facility or a laundromat incidental to a residen ti al usc.

Comm issaries. P

Concierge office P

Cosmetics/Body Care/Fragrance Reta il Stores P

Cuhurdl arts centeJ:>. P

Cyber cafes as primary use -

Data processi ng firms. P

Day care centers larger than 10,000 square feet in Floor Arca. -

Day care centers up to 10,000 square feet in Floor Area. P

Delicatessens. P

O~:partment stores. P

10

Detective agencies. -- -

Dish anteru13s subject to Design Review AU

Drapery stores. P

Drugstores. P

Dry cleaning and laundry establishments, nonindustrial serv ice to the P general public only, excluding plant.

Employment agencies. -

Fast food drive-thm -

Financialol'fices. P

Fica market. -

Florist and plant shops. P

Food stores and markets. P

Funeral parlors or mortuary. -

Furniture stores. P

Gas or fuel station. -

Gift shops. P -

Gourmet beer and/or wine stores MAp·

Gymnasiums and health clubs, including spas, die t centers and tan ni ng AP salons.

Hardware stores. P

Hobby shops. P

Hospitals. -

Hotels A !'

Iiousehoid appliance and repair shops. P

Ice cream parlors. P

Institutions, philanthropic. P

Insurance o ffices. P

Interior decorator shops. P

Jewelry stores, (including incidenta l fabr ication). P

Kiosks, carts and food service pavilions, in compliance with the MAP provisions of Sect ion 3.B of this Specilic Plan and all other applicab le local , state <md federal code requirements.

Lahor union hiring hall. --

II

Leather and Luggage Rctail Storcs I'

Lighting sto res. P

Liquor stores -

Live I work units, subject to the requirements spec ified in Section 3.B.3 MA P orthis Specific Plan.

Lock and key serv ices. P

Mail order houses, retail. -

Massage parlor -

Massage se rvices provided as an incidental usc to gymnasiums and health P clubs, spas, diet centers, hair salons, and tanning sa lons, subject to GMC 5.64.

Medical and dental laboratories. ---

Mobile home or trailer court. -

Music.:: stores for the sa le ofinstrumcnts and I or recorded media. I'

Nightclubs, dancc clubs, cabarets, comedy clubs AI'

Off-track betting parlor. -

Optieal/Eyewear retail stores P

Outdoor eating areas incidental to cafcs and rcstaurants, full service or MAP otherwise in compliance with the provisions of Sec lion 3.13 of thi s Spccific Plan and all other applicable local, slale and federa l code requirements.

Parapherna li a sales for usc with illicit drugs. -- --~

Parking lOiS or structures in compliance with the provisions Section 3.1 of I' thi s Spccilic Plan.

Pawnshops. -

Pet shops. \' -

Photocopying services. \'

Photodevcloping stores. I'

Places o[arnusement including but not limited to bowling a lleys, ice I' skating rinks, and roller rinks, carousels similar uses.

Political offices. P -

Portrait studios. P

Printing, other than publishing. P

Private clubs and lodges. AI'

12

Private or public cducational inst itutions. P

Profess ional ollices. P

Public dances and livc cntertainment. AI'

Pumpki n sa le lots. T

Radio, telev ision, computer, soH ware, computer games, DVD, ce llu lar P telephone and similar communications and elect ron ic components stores.

Real estate offices. P

Res idential dwelling units. I'

Restaurants, Fast food, excluding drive~thru establi shments. P

Restaurants, full service. P

Sales representative offi ces. P

Self-storage facilities. -Shoe repa ir shops. P

Shoe stores. P

Signs, in compliance with Section 3.T of this Specific Plan. AU

Solar energy equipment, in compliance with GMC Chapter 30. 130. AU

Specia l events and temporary uses including carnivals, ca r di splays. T

ci rcuses, live entertainment , street performers, parades, st reet fairs and fcs ti va ls, arts and crans shows, outdoor performances, television/movie stages and sets and other sim ilar uses, in compliance with GMC Title 5.

Specialty food store, including health rood and vitamin stores . P

Specialty home fUl1lishing and house-ware stores, including cooking and P kitchen supplies.

Specialty retail stores. P

Sp0l1ing goods stores. P ~ -

Stamp and co in shops. I' -

Stat ionery stores. I'

Supemlarkcts, markets, convenience stores. I'

Surplus store ("Army, "Navy," or other similar use) -

Swap shop or "outlet store" se lling merchandise that is used, damaged or -discontinued.

Tailor, custom alterat ions shops. P

13

Telephone and communications services, excluding rctail ce llular -telephone establishments.

Tcmporary structures for the storage of tools and equipment or T

contain ing supervisory offices of the minimum area necessary in connection with construction ora project on-site during the progrcss or active construction under an e1Tective grading, building, utility, strcct or other development permit and removed when construction and all related activit ies are completed .

Theaters, live performance. I'

'fheatrical and musical perfol1nances. P

Tobacco shops. p

'foy stores. I'

Travel agencies. p

Tro lleys or other simi lar public or private transportation and lor MAP amusement conveyances, subject to review by the Director.

Typewriter and office machine sales and service. P

Vending machines, subject to the provisions of Section 3.B.8 oflhis MAP SpeciJic Plan

Video rental stores I'

Video eonfereneing center i\U

Wire less telecommunication facilities, provided such ti.u.:ilities-tll,€, l'W inlegraled int+"l-tI-htJiMiAg-~-R(~e or st ructure or locat<,'d hehine-a-r<-)(l]" parapet; and. are-Ht-€oIHj)liatlee-o--vtt·lr+he provisions of Gt-.K' Chal')l~r JQ .1 22 .subjed to Chapter 30..18 oClhe CJMC.

-Other lIses whieh the Director determines to be similar in nature , function P and operation to listed pemlitted primary uses within this Specilic Plan area.

Other uses which the Director determines NOT to be similar in nature, -function and operation to listed permitted primary uses within this Specific Plan area

* Notwithstanding proVISIOns for Minor Administrative Permits (MAP 's) in this Specific Plan, the Zoning Administrator shall be the review authority for these lIses. For all other MAP uscs. the Director shall be the review authority.

SECTION 15. Town Center Specific Plan, Chapter 3. Land Usc and Development Standards, Sect ion G. Height is amended to read as follows:

G. HEIGHT

14

No building in the Specific Plan area shall excccd a height at any point of seven (7) stories (excluding mezzanines as defined under applicable building codes) or seventy-fi ve (75) feet, whichever is less. He ight shall be measured from the highest adjaL:ent grade on the lot 10 the top of the nat roof or to the average point on sloped 1'001'5, exduding the parapet in both instances. Elevator penthouses, mechanical screens, wireless communication equipment, projections of towers, stair towers, cupolas, mansards, domes and similar archilecnJra l features and signage shall not be included in the measurement or the vertical dimension, provided that slIch project ions do not exceed the heights depicted in figure 3.0-5 of the Town Ccnter Hilt. Rooftop equipment shall not be induded in the measurcment of the verticlIl dimension. For exceptions to height limits fur win:: less te lecommu ili ca ti ons faci lit ies. see ClmPtcr 30.48 ur ibe Glendale Municipal Code.

SI~CTION 16. Downtown Specific Plan, Chaptcr 3. Land USl:. Table 3-1\ -4 is amended to read as follows:

15

TABLE 3·A·4: land Uses and Permit Requirements TABLE 3-8-4

Key to Permrt Rf'(]uirf'nwIlIs

P c PellmUt"d Uw C -. Condltionlll U~" {'Nlllr!

(~e Chapler )0,42) Temporary Use

N = Usc No1 Allowed ~r"II'~~ Tel('(OmmlJni(iltions.£t~

f'Nl ll ir ('>1£ (haUler 30 48)

Service, OHlce Uses

Banks and jinanc1al institutions P P P P P P P P P P P P P P

Business support se rvke~ P P P P P P P P P P N P P P

Contractor's offi ce and I or ~ torilge T T T T T T T T T T T T T T

Day CMe cenlers C C C C C C C C C C N C C C

Hotels and Motels P P N P P P P P P P P P P P

Medical and dental laboratories P P N N P P P P P N N P P P

Medical and dental offices P P N P P P P P P P N P P P

Offices P P P P P P P P P P N P P P

Personal services P P P P P P P P P P N P P P

Pet grooming P P P P P P P P P P N P P P

Rep"ir and maintenance, p p p p p p p p p P N P P P consurner prod ucts

Transportation, Communication Uses

Non·emergellCY hclipor lS C C C N C C C C C N N N N N

Parking lot I structure facilities P P P N P P P P P N 30.34.120 N P P P

Utility and transmission facilities C C C C C C C C C C N N N N

P P P P P P P P P P ~'70 Wireless tellx:ommunicalioM facilities N N N N

W W W W W W W Vi 'It W 3Ml!

51'1' Glendale MUnlcrpal Codl' Sl'( l ion 30 0) 010 regardIng USI'~ nolli\ll'd 2 See Gll-ndalP. M"mClpal Code Chapter lO 10 for ,1t-[",,1'01lS. 01 the kind USI'S J U5es in IhO!' Town CcnlN D'SlfrC! are subject to Ihe Town ( .. nh~' '>pee,he Pliln , Frontage ReqUln:ment~ a,,,,ly (,Illy leo III .. IU~1 lS teet ot IN (l1'1'11> 01 IIII' 1I1Ound floor tor

Ihow ~lrt"O!'h d"~'Qndlt"d wrlh Ground floor Use .. on th .. t,lI1<1 Uw Map (F'9ufl' ] ·A)

Am('nded 200<) 03.24 C,U.NDAll DOWNTO\,VN SF'forl(" PI fiN

SECTION 17. Downtown Spccific Plan, Chapter 4. Urban Design. Table 4-A: Height/FAR Limits by District is amcnded to read as rollows:

17

BUILDING HEIGIII< '" fLOm; AR[A RATIOS

4 2.3 Height <lnd Floor Area Rat io (FAR) limit'>

Each Downtown district has height and floor area ( fltena. A bonus system has been included as part of the DSP that allows for additional height or floor area for qualified projects. Bonuses are granted to projects which provide additional pubhc benefits. such as open space, reuse of existing buildings, or affordable hOUSing. The aViulilble bonuses arc discussed In Chapter Seven.

] c <'! • m c ~ o

.. c o # ., C

~

Maximum Height and FAR by Right

2 4 6 12 16 N/A 4 5 18 4 4 6 TCSP 4

35' 65' 95' 185' 245' N1A 65' 80' 275' 65' 65' 95' TCSP 65'

2.00 2.50 3.00 5.20 7.00 N/A 2.50 2.75 7.25 2.50 2.50 3.00 TCSP 2.50

MaximUIIl Height and FAR w ith Incentives

TABU" A- H\'H)httFAR tlfll1l~by[)mlid

J

50'

2.25

2

,

5 6

7

6 12 16 20 N/A 5 6 25 6 6 12 TCSP 6

95' 185' 245' 305' N/A 80' 95' 3BO' 95' 95' 185' TC5P 95'

3.00 5.20 7.00 7.50 N/A 2.75 3.00 7.50 3.00 3.00 5.20 TC5P 3.00

Hel<:jlll!iOllIS .J,~ bJs~d on J 10 1001 f)rovnd 11"1)1 ,..,Il 1'> I('d 10, ('ael'! JdOlI,on"r 1!'lOf "pph!'(l \0 311 dlst"ct~ Wllh Ih" eRl'pl ,on 01 110 .. AI .. , Ihl'olll'r ll'~I"~1 {~Pl' lu,llnO! .. } b.-low) In ,l11 (3 ....... I'!p'lJhll"",h shal( ",dude feel and SIO"P~ [01 t'xce')\!an~ 10 hClghl hffi)IS lar wuel t')~ !('!eUUflIllUOK d!IOfl$ ' <l c,h t,e$ .. lli ChilUI!!! 30 48 o f Ihe ZOO "'a (ode PfOperlle~ two p<lr(els narlh .:rnrl · ... ulh 01 Ihe Alex Thealer afe lunrled lo.:r ftlJlUnUm of IWO sloflP~ ,lilt.! 3S feel Those propeftles on the I'as\ $Ide of Bland BoulevJ,(j Jnd on the weSI 5;(/., 01 BfJIlt! nO'lh 01 (aMofflla are hmlled 10 iI mallunurn of Ihree stOfl(-S or 50 feel CIVic Cl'ntl'f ",eas, as Sill'S for publK fa(ihties, ale subject to CiVIC planllmg f:'f/o rl~ and public review of proposed projects. ralher Ihiln Height and Deoslly Slandalds, 8ulldlng height of 2:5 stones or 380' IS available on ly to proje(\S quahfYlilg for Ihl' SI9nal0(1' DeSIgn Incentive All ather IOccnllVI'S or (ombmatlo n of 1Il(f.'n\IVI'S ilr!! hmltcd to a maxImum helghl I demuy 01 V ~ to" l" or lO~ ' .md.l FAR of 1.';0 Subl(KI to Town (I'n ler Spe-c,jlc Plan (TCSP) ~I\R. 01 Hour A'ea kJuo, IS a (ommon ,nf'i""'+' of !Ju,ltllllljln,lSS. c xples~('n a, .. , .. "0 of bUllornq J'~ol lU land ....... For !"<'Inlpl" .J 2:0.000 ~q It pilr(~I .. ssogll('d II Fb,R ("1/ I 0 ,",lY .K(OmmOOale iI mil~Ifl"-,,"1 ,~r

10.000 SQ 11 01 bUlld,ng flO'Jr <off'a. iI'" 1·~ll)(y h'/lluII'(I ,,,,II, Hlr,~:. 1\"llIv~""I~ 01,' 2·~to'y bUII(/,ng WI\1l ~O% 101 COYNiI'l~. or iI 5'~lOry hwl!)",,) ""III ]O~o lUI u''''''''le, or olh"" ,,,I,,, ,,,,,,,,1 .. ,,1 w,th 111 ... fAR .,.,d I'f" gh\ ,\;o",I.I(UI lor the UIIII '(\ Notwl\hSI~nd'n'II ,I"".I,'I,· MU"I(lpill ('Jtje 5 .. (\"~,, 30 10 (Ovl lll; l\onsl . "boy" grad e Pilfklllg ~hd ll nol b .. lI1LII I1P,j 1I.1, ... "rd5 [AR II Ih~ 1',I,llllti 1\ "':'I!ened Or ' wr" pped ' by aC\lv{: uses such ilS OffICI', ' ela,l. 'l'~ l dt!nl ,,\1 0, Olher rnhabl\ilb le ~p.,(,,, Oil 13cades \rontlng public \jrl'I'IS 0 ' pMb Mechanical ('qulpment rooms and Mchi le(lur~1 j.lfuiect lons which do (on\\r\\"" floor drC') as de/,ned by til ", ZonirlQ Code shal l not be conSidered a Siory when delpfln'rl ing ma~,mLrm helqhl hy nUlllber at floOfs

54 GLENOhLE ~OWNTOWN 5PEClflC PLAN

SECTION 18. Effective Date. This Ordinance shall take effect and be in force sixty (60) days after the date of its passage.

SECTION 19. Severability. This ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section. subsection, chlUse or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provis ion hereof. In this regard the City Council finds and declares that it would have adopted Ihis measure notwithstanding any partial invalidity hereof.

Passed by the Council of the City of Glendale on the _ _ day of ______ _ _ 2010.

Mayor

ATTEST:

City Clerk

STATE OF CALIfORNIA ) COUNTY Of LOS ANGELES ) SS. CITY OF GLENDALl, )

1, Ardashcs Kassakhian, City Clerk o[the City ofGlcndale, certify that the foregoing Ordinance No. was passed by a 4/Sth vote of the Count:il orlhe City of Glendale, California, al a regular meeting held on the day or , 2010, and Ihat the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clcrk

APPROVED AS TO FORM

f6f.l4«-Z ~ c • _ 4, .~

19