Architectural features, including cornices, belt courses, fireplaces, eaves and bay windows, may project into required setback areas a distance not to exceed two (2) feet.

Balconies may encroach twenty-five (25) percent into side and rear setbacks.

Unroofed decks, patios, porches, landings, steps, walks and driveways not exceeding thirty-six (36) inches in height as measured from finish grade may be located in the required setback areas.

Canopies and awnings without any supports to the ground may project into required setback areas, but no closer than three (3) feet to a side property line and no more than four (4) feet into the front and rear setbacks.

Swimming pools may be located in the required rear and side setback areas, but no closer than six (6) feet to a property line.

Flag poles may project twenty-five (25) percent into required front and rear setback areas.

Mechanical equipment may project into the required rear or side setback area, but no closer than three (3) feet to a property line.

Additions to lawfully constructed residences within the following single-family estate zones of E-3, E-4, E-5, E-6 and E-7, which do not meet the minimum side yard setback requirements may project into the required side yard setbacks, but in no event shall the setback be less than five (5) feet from the property line. Street side yard setbacks shall maintain the minimum required by Table A, (Appendix 21A is an attachment to this title).

Front Yard Setbacks.

Side and Rear Yards.

Corner Lot Visibility. No solid fence or wall over thirty (30) inches in height shall be located within ten (10) feet of the intersection of two public streets.

Metro or Caltrans Right-of-Way.

Prohibited Materials. The following materials are prohibited for fences and walls in residential, commercial, and mixed use zones:

Perimeter fencing fences or walls shall be installed along all side and rear property lines.

Wall articulation--Design Requirements for Solid Walls Longer Than fifty (50) Feet. For solid walls exceeding fifty (50) linear feet in length, two (2) or more of the following features must be incorporated every twenty (20) to fifty (50) feet:

Capstone and Finish. All solid walls shall include a decorative cap to provide both visual interest and weather protection.

Material Standards.

Front Yard Fencing. If provided, front yard fencing shall consist of visually penetrable materials such as wrought iron or tubular steel.

Color and Compatibility. Fence and wall colors shall match or complement the primary building colors. Wood elements shall be painted or sealed with a water-repellent finish.

Fences and walls may be installed only where needed for security, screening, or buffering.

In mixed-use developments, fences and walls are prohibited in open space areas and along street frontages, except:

Buffering Adjacent to Residential Zones. Where a non-residential use abuts a residential zone, a six (6) foot high solid masonry wall (measured from the highest adjacent grade) shall be constructed along the shared property line.

Street Frontage Treatment. Walls and fences facing public streets shall be softened with landscaping features such as berms, hedges, planter strips, or climbing vines.

Screening Requirements. All utility equipment shall be screened through at least one (1) of the following standards:

Right-of-Way Encroachment. No ground-mounted utility equipment shall encroach into the public right-of-way, including sidewalks or areas located behind the property line.

Transformer Placement and Wrap. If visible from a public sidewalk, transformers shall be screened with landscaping and/or wrap that meets utility provider standards.

Setback from Edge. Roof-mounted equipment and screening of roof-mounted equipment shall be stepped back from top of parapet a minimum of ten (10) feet from the parapet or roof edge.

Screening Height. Roof-mounted equipment greater in height than the parapet wall shall be screened to a height equal to the height of the equipment.

For sites with eleven (11) to twenty-five (25) units, a minimum thirty-six (36) square-foot waste and thirty-six (36) square-foot recycling enclosure shall be provided.

For sites with more than twenty-five (25) units, every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables.

Be drawn to scale, indicating fixture locations, types, mounting heights, and light output in foot-candles.

Include horizontal illuminance levels across the site and at property boundaries.

Demonstrate compliance with the foot-candle limits and shielding requirements.

Fully shielded and cut-off to prevent glare, uplight, and light trespass.

Directed downward and designed to minimize impacts on adjacent residential uses and the night sky.

All required front, side, and rear setbacks;

Common open space areas;

Along pedestrian pathways and building entrances; and/or

Within and adjacent to parking lots and drive aisles.

Ground Cover, Shrubs and Vines.

Trees. One (1) tree per five hundred (500) square feet of open space or per fifty (50) linear feet of frontage, whichever yields more trees. A multi-trunk tree counts as two (2).

No more than one-third (1/3) of any single species.

No more than one-third (1/3) of any single genus.

No more than one-third (1/3) of any single plant family.

Shrubs not exceeding thirty-six (36) inches in height; or

Berms or walls between thirty (30) and thirty-six (36) inches high; or

Low screen walls meeting height requirements of this Code.

Minimum five (5) foot-wide strip along public rights-of-way.

Includes one (1) twenty-four-inch box tree per thirty-five (35) linear feet and a continuous row of shrubs.

Minimum ten (10) percent of the parking area must be landscaped.

One (1) tree per eight (8) parking spaces and include shade trees within its mix.

Tree planters must:

Minimum standard tree size: fifteen (15) gallon trees.

Projects must also include other tree sizes such as twenty-four (24) inch, thirty-six (36) inch and forty-eight (48) inch box trees.

The tree is located outside the public right-of-way.

The tree is proposed for removal for reasons other than emergency or hazardous conditions, as determined by a certified arborist and confirmed by the City Arborist.

The tree has a Diameter at Breast Height (DBH) of eight (8) inches or more.

The tree is associated with any discretionary land use or zoning application, including but not limited to Development Plan Reviews, Conditional Use Permits (CUP), Tentative Parcel/Tract Map, MWELO.

Required tree replacement must comply with the standards set forth in this section.

Replacement Standards for Non-Native Trees

Replacement Standards for Native Trees

Multi-Trunk Trees

On-Site Replacement.

If on-site planting is infeasible due to space or site constraints, pay the Tree Replacement Fee as established in the Master Fee Schedule.

Funds will be deposited into the City Tree Fund and used for urban forestry projects within five (5) years.

Unused funds after five (5) years shall be refunded to the applicant.

A combination of on-site planting and payment in-lieu is allowed.

The tree is dead;

The tree is dying, or presents an immediate hazard, as certified by a certified arborist;

The tree is identified as an invasive species on an established invasive species list; and/or

Removal is necessary to protect critical public infrastructure, emergency access routes, or public utilities.

Shrubs at least thirty-six (36) inches tall separating children's recreation areas from vehicular zones;

Berms, walls, and/or hedges shall be used in the required setbacks to separate parking facilities from abutting streets and shall be a minimum of three (3) feet in height; and

Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas or public safety.

Any new structure;

Any new use;

Any addition to, or change in the use of, a structure. The additional off-street parking shall be required only for the addition or change of use and not for the entire structure or use, except when the addition expands the original structure by 25 percent or more or when the change in use involves 25 percent or more of the area of the original use, then the parking area for the entire structure or use shall be brought into conformance with this section.

Location. Parking shall be located to the rear or side of the primary building and away from the street or street intersections.

Screening.

Pedestrian Connectivity.

Driveway Access. Access drives shall be located at least two hundred (200) feet apart and at least one hundred fifty (150) feet from street intersections unless the driveway location does not create a traffic hazard to adjacent property. Shared driveways may be used to access two properties while maintaining a two hundred (200) foot separation requirement.

Driveway Distance from Street. A maximum of one (1) driveway from the street is permitted for every two hundred (200) feet of street frontage.

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

Landscaping. All parking areas shall comply with the following standards:

Integration with Building Design. Structured parking shall blend with the architectural style of the associated or adjacent buildings through compatible materials, fenestration patterns, or faAade treatments.

Screening. Street-facing facades shall incorporate:

Pedestrian Safety. Pedestrian pathways within structured parking facilities shall be marked and lit for safety.

Lighting. Interior and exterior lighting shall minimize light spillage onto adjacent properties using shielded fixtures.

Sustainability. Green roofs, photovoltaic panels, or living walls may be allowed to encourage sustainability practices.

Visual Screening. Tuck-under parking shall be screened from public view through at least one (1) of the following methods:

Lighting. All lighting shall be shielded and downcast to prevent light trespass. Lighting shall be provided in accordance with Section 21.03.020 (Lighting).

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

Accessibility. Pedestrian paths separated from vehicular traffic shall connect parking areas to building entrances.

Ventilation. Ventilation systems shall be provided for enclosed or partially enclosed tuck-under parking areas.

Street Frontage Limitation. Garage doors shall not exceed forty (40) percent of the building's street frontage and shall be recessed at least eighteen (18) inches from the primary wall plane.

Design Enhancements. Street-facing garage doors shall include one (1) or more of the following:

Driveway Length. Driveways shall be at least twenty (20) feet long to prevent encroachment onto sidewalks or streets.

Detached Garages. Carriage-style garages facing a shared court or alley shall incorporate architectural features matching the primary building.

Parking and loading areas shall provide lighting with sufficient wattage make visible the presence of any person on or about the premises during the hours of darkness. Such lighting shall be equipped with covers. The following minimum levels of illumination shall be achieved in parking and loading areas:

Lighting standards shall be in scale with the height and use of buildings.

Parking lots and loading areas lighting shall be designed and installed so that light and glare is not directed onto adjacent properties and public rights-of-way.

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

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

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

Carports. Carports that are not an integral part of the main residence shall be located no closer than forty (40) feet to any street and no closer than the residence to any adjacent street.

Driveways. A paved driveway shall be provided from a street or alley to garages and carports. Each driveway shall have a minimum vertical clearance of eight (8) feet and a minimum width of eight (8) feet.

Vehicle Backout. A minimum unobstructed distance of twenty-five (25) feet shall be provided for vehicle backout from garages, carports and other parking stalls as measured to a street or the opposite side of an alley.

Dwelling Units. For each dwelling unit, there shall be one (1) parking stall within a garage and one parking stall which may be open or covered, i.e., carport, or two (2) spaces within a garage.

Accessible Parking. For each dwelling unit designed to accommodate the disabled, the required parking shall be designed as required by The Americans with Disabilities Act and State of California.

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

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

Access;

Driveways, aisles and circulation patterns;

Landscaped areas;

Signs; and

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

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

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

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

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

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

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

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

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

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

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

Commercial, institutional, hospital and senior group housing uses:

Office uses:

Wholesale, warehousing, and industrial uses:

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

Dimensions. Required loading spaces shall be not less than fifteen (15) feet in width, fifty (50) feet in length, with fourteen (14) feet of vertical clearance.

Location.

Lighting. All off-street loading areas shall comply with the lighting requirements as provided in Section 21.03.020C.10 (Lighting).

Screening. Loading areas adjacent to residentially zoned property shall have a six (6) foot-high fence or wall in accordance with Section 21.03.010F (Fences and Walls).

Striping and Surfacing.

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

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

Ride sharing promotional material supplied by commuter-oriented organizations;

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

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

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

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

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

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

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

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

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

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

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

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

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

A waste discharge identification number issued by the SWRCB; and

A Storm Water Pollution Prevention Plan and Monitoring Program Plan.

Routine maintenance to maintain original line and grade;

Hydraulic capacity;

The original purpose of the facility; or

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

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

A waste discharge identification number issued by the SWRCB;

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

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

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

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

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

Maintain existing riparian buffers and enhance riparian buffers when possible.

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

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

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

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

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

New Development/Redevelopment Project Performance Criteria.

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

Alternative Hydromodification Criteria.

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

Wireless facilities operated by the city for public purposes;

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

OTARD antennas;

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

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

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

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

Small wireless facility applications.

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

A general description of the property involved;

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

To be given by first class mail to:

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

Fee as adopted in the Master Fee Schedule.

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

Ownership and consent affidavit.

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

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

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

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

Site photographs.

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

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

Photo simulations of the proposal.

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

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

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

Public Notice. EFR application shall not require notice.

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

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

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

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

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

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

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

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

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

Public notices as required.

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

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

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

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

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

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

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

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

Parcels within manufacturing and industrial zoning districts;

Parcels within commercial and professional zoning districts; or

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

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

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

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

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

Collocation on an existing structure with existing wireless facilities;

Installations on a rooftop;

Installations on a building façade;

A stealthed or concealed freestanding facility;

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

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

Installations on a new freestanding structure within private streets.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

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

Assistance in dressing, grooming, bathing and other personal hygiene;

Assistance with taking medication, as specified in Section 87465, Incidental Medical and Dental Care Services;

Central storing and distribution of medications, as specified in Section 87465, Incidental Medical and Dental Care Services;

Arrangement of and assistance with medical and dental care. This may include transportation, as specified in Section 87465, Incidental Medical and Dental Care Services;

Maintenance of house rules for the protection of residents;

Supervision of resident schedules and activities;

Maintenance and supervision of resident monies or property;

Monitoring food intake or special diets (California Code Regulations Title 22, Section 87101).

The project is detrimental to the public health, safety or welfare;

One or more of the conditions of approval have not been complied with;

The approval was obtained by fraud.

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

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

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

The number of bedrooms in the short-term rental.

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

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

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

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

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

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

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

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

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

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

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

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

A material misrepresentation on the application or renewal materials.

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

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

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

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

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

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

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

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

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

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

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

All public works projects and governmental agency projects.

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

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

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

Identification of existing artwork in the community;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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