The purpose of the conditional use permit is to allow special
consideration for certain uses to be located in zones other than those
in which they are classified as permitted because of their particular
characteristics: the size of the area required for full development
of such uses; traffic problems incidental to their operation; and/or
the effect such uses may have on adjoining land uses and on the growth
and development of the area in which they are proposed to locate.
Such uses may only be suitable in specific locations in a zoning
classification or only if such uses are designed or laid out in a
particular manner on the site or are subjected to specific conditions
to assure compatibility within the zone and its surroundings. Since
it would be impractical and detrimental to the peace, health, safety
and general welfare to permit such uses in all areas of the city in
any one or more zones, the peace, health, safety and general welfare
will be promoted if such uses are authorized only by conditional use
permit in accordance with the standards hereinafter set forth.
(Ord. 5399 Attach. A, 2004)
A.
For
any project located entirely or partially in the Central Glendale
Redevelopment Project Area, as adopted by the Legislative Body/Glendale
redevelopment agency or in the DSP zone, for which an associated application
for design review is required for which the Glendale redevelopment
agency is the design review authority (or, if the redevelopment agency
is suspended or eliminated, the city council), the city council may
grant conditional use permits upon making the findings of fact listed
below. In granting a conditional use permit, the city council may
impose conditions to safeguard and protect the public health, safety
and promote the general welfare.
B.
For
any project located entirely or partially in the DSP zone not located
in a redevelopment project area, as adopted by the Legislative Body/Glendale
redevelopment agency, for which an associated application for design
review is required for which the Glendale city council is the design
review authority, the city council may grant conditional use permits
upon making the findings of fact listed below. In granting a conditional
use permit, the city council may impose conditions to safeguard and
protect the public health, safety and promote the general welfare.
C.
In
cases involving a conditional use permit and variance related to a
use, the director of community development may authorize the entitlement
requests to be considered by the planning commission rather than both
the hearing officer and the planning commission. In all other cases,
the hearing officer may grant conditional use permits upon making
the findings of fact listed below. In granting a conditional use permit,
the hearing officer or planning commission may impose conditions to
safeguard and protect the public health, safety and promote the general
welfare.
(Ord. 5399 Attach. A, 2004; Ord. 5571 § 4, 2007; Ord. 5648 § 4, 2009; Ord. 5747 § 69, 2011; Ord. 5752 § 10, 2011; Ord. 5849 § 1, 2015)
A conditional use permit shall be granted only if the review
authority first finds that each of the following exists:
A.
That
the proposed use will be consistent with the various elements and
objectives of the general plan.
B.
That
the use and its associated structures and facilities will not be detrimental
to the public health or safety, the general welfare, or the environment.
C.
That
the use and facilities will not adversely affect or conflict with
adjacent uses or impede the normal development of surrounding property.
D.
That
adequate public and private facilities such as utilities, landscaping,
parking spaces and traffic circulation measures are or will be provided
for the proposed use.
E.
For applications involving the sale, serving or consumption of alcoholic beverages, the following criteria shall be considered in making the findings in subsections A through D:
1.
That
where an existing or proposed on-site use is located in a census tract
with more than the recommended maximum concentration of on-site uses
or that where an existing or proposed off-site use is located in a
census tract with more than the recommended maximum concentration
of offsite uses, both as recommended by the California Department
of Alcoholic Beverage Control, such use does not or will not tend
to intensify or otherwise contribute to the adverse impacts on the
surrounding area caused by such over concentration;
2.
That
where the existing or proposed use is located in a crime reporting
district with a crime rate which exceeds 20% of the city average for
Part I crimes, as reported by the Glendale police department, such
use does not or will not tend to encourage or intensify crime within
the district;
3.
That
the existing or proposed use does not or 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 facilities are or will be provided for
the existing or proposed use, or other reasonable alternatives satisfy
the transportation and parking needs of the existing or proposed use;
and
5.
That,
notwithstanding consideration of the criteria in subsections (E)(1)
through (4), the existing or proposed use does or will serve a public
necessity or public convenience purpose for the area.
F.
Applications for new multi-family residential uses proposed to be located within the IMU-R zone shall consider the following criteria in making the findings in addition to subsections A through D:
1.
That
the proposed multi-family housing development is allowed within the
respective zoning district with the approval of a conditional use
permit and complies with all other applicable provisions and performance
standards identified in this zoning ordinance and the municipal code.
2.
That
the proposed multi-family housing development would not result in
the displacement of existing, or limit future, employment on the subject
site or on surrounding sites.
3.
That
the subject site is physically suitable for the type and density/intensity
of the proposed multifamily housing development.
4.
That
the proposed multi-family housing development will be compatible with
the surrounding existing and future land uses allowed in the IMU-R
zoning district.
G.
Applications for live/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 subsections A through D:
1.
The
establishment of live/work units will not conflict with nor inhibit
commercial or industrial uses in the area where the project is proposed;
2.
The
structure containing live/work units and each live/work unit within
the structure has been designed to ensure that they will function
predominantly as work spaces with incidental residential accommodations
meeting basic habitability requirements in compliance with applicable
regulations; and
3.
Any
changes proposed to the exterior appearance of an existing structure
will be compatible with adjacent commercial or industrial uses where
all adjacent land is zoned for commercial or industrial uses.
H.
I.
Decisions related to development in the ROS and R1R zones shall consider the hillside development review policy contained in Section 30.11.040(A).
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 39, 2004; Ord. 5536 § 22, 2006; Ord. 5537 § 23, 2006; Ord. 5571 § 5, 2007; Ord. 5692 § 28, 2010; Ord. 5747 § 70, 2011)
Whenever a conditional use permit is required for a public dance,
the following organizations shall be exempt from the requirements
to obtain such conditional use permit: the Glendale Unified School
District, schools, academies, and other educational organizations
including the student body organizations thereof, except dancing schools
and academies; churches and religious organizations; fraternal orders,
charitable and social clubs and organizations which conduct dances
on a nonprofit basis and limit attendance to members of such organizations,
families of members and bona fide guests, and which organization has
for its principal purpose the betterment and advancement of its members
otherwise than by the conducting of dances, and conducts such dances
as merely incidental to its principal purpose and does not solicit
or permit attendance by the general public; and, the city of Glendale
and nonprofit civic organizations.
(Ord. 5399 Attach. A, 2004)
For authorization for initiation, application filing and filing fees, see Chapter 30.40 of this title.
(Ord. 5399 Attach. A, 2004)
For public hearing and notice, see Chapter 30.61 of this title.
(Ord. 5399 Attach. A, 2004)
The review authority shall hold a public hearing on the proposed conditional use permit and consider all evidence presented for and against the proposal. The review authority shall make findings of fact and determinations in writing and shall place in the mail a copy thereof, addressed to the applicant and those persons speaking at the hearing who submitted their correct mailing addresses. A decision of the hearing officer shall become final 15 days following the date of the decision unless an appeal to the planning commission is filed as herein provided. Where the council has, acting as the initial review authority, approved or denied a conditional use permit for a project located entirely or partially in a redevelopment project area or located entirely or partially in the DSP zone outside of a redevelopment project area, any interested person may make a written request for a council rehearing in accordance with Section 2.88.060 of the Glendale Municipal Code.
(Ord. 5399 Attach. A, 2004; Ord. 5437 § 22, 2005; Ord. 5571 § 6, 2007; Ord. 5637 § 6, 2009; Ord. 5648 § 5, 2009; Ord. 5684 § 4, 2010; Ord. 5747 § 71, 2011)
For appeals procedure, see Chapter 30.62 of this title.
(Ord. 5399 Attach. A, 2004)
No conditional use permit application which has been denied
in whole or in part shall be filed again within six months from the
date of such denial except upon proof of changed conditions or by
permission of the director of community development.
(Ord. 5399 Attach. A, 2004; Ord. 5747 § 72, 2011)
For duration of conditional use permits, see Chapter 30.41 of this title.
(Ord. 5399 Attach. A, 2004)
