All appeals shall be de novo, in that an independent reexamination of the matter shall be made.
A. 
The decision of the hearing officer or director of community development on variances, conditional use permits, administrative use permits, parking exceptions, home occupation permits, applications for conditions of use, administrative exceptions, zoning use certificates, parking reduction permit, parking use permit, density bonus housing plan, wireless telecommunications facilities permits, and other applications except tentative tract applications for condominium conversions is appealable to the planning commission as hereinafter prescribed. The decision of the planning commission may be further appealed to the city council pursuant to provisions of chapter 2.88 of this code relating to the uniform appeal procedure.
B. 
Decisions made by the director of community development in redevelopment project areas may be appealed to the Glendale Redevelopment Agency (or, if the Redevelopment Agency is suspended or eliminated, the city council) pursuant to this title.
C. 
Where the city council has, acting as the initial review authority, approved or denied a conditional use permit, administrative use permit, variance, parking reduction permit, or a parking use permit for a project in a redevelopment project area or in the downtown specific plan 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.
D. 
For appeals of a decision related to design review, see Section 30.47.100.
(Ord. 5399 Attach. A, 2004; Ord. 5605 § 12, 2008; Ord. 5637 § 8, 2009; Ord. 5645 § 39, 2009; Ord. 5684 § 7, 2010; Ord. 5692 § 33, 2010; Ord. 5747 § 117, 2011; Ord. 5752 § 20, 2011; Ord. 5818 § 35, 2013; Ord. 5836 § 23, 2014)
A. 
Applications for appeal shall be made on notice of appeal forms prescribed by the director of community development and contain all information thereof. The notice of appeal shall be filed with the community development department within 15 days, by 5:00 p.m., following the decision which is being appealed together with the then-current filing fee as established by resolution of the city council. The 15 days shall be counted starting on the day following the day of the decision. If the 15th day falls on a weekend or a holiday, or when the community development department is closed for business, then the appeal shall be filed no later than the next business day, by 5:00 p.m., when the community development department is open for business.
B. 
All technical materials, including but not limited to: geologic/seismic reports, traffic studies, noise studies, biological studies and any other scientific studies; any visual simulations; and any comparative analytical or statistical report submitted by any interested party to be considered by the city council or planning commission, shall be submitted to the director of community development no later than seven days prior to the scheduled date for consideration by the planning commission, Glendale Redevelopment Agency, or the city council. Materials submitted after the seven days prior to the scheduled date for consideration shall only be considered upon the sole discretion of the planning commission, Glendale Redevelopment Agency, or the city council upon a showing of good cause. Materials which may be submitted at the time of the hearing include: petitions, group or individual letters, photographs, renderings, and presentational aids.
If the applicant proposes amendments to the project which substantially changes the project by the intensification of any project impact and/or the imposition of different project impacts, the director of community development shall vacate the scheduled hearing and the matter shall not be eligible for further consideration without the filing of a new application.
C. 
For appeals of a zoning use certificate, timely filing of such notice of appeal shall be a jurisdictional requirement. Every such notice of appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the planning commission to understand the nature of the controversy and the parties concerned. The failure of the applicant or zoning use certificate holder to respond to the notice of hearing is a waiver of the right to the hearing.
D. 
For filing fees, see Chapter 30.40
(Ord. 5399 Attach. A, 2004; Ord. 5437 § 32, 2005; Ord. 5637 § 9, 2009; Ord. 5747 § 118, 2011; Ord. 5803 § 117, 2013)
A. 
Upon receipt of a notice of appeal, the director of community development shall cause the matter to be set for hearing before the planning commission or the Glendale Redevelopment Agency (or if the redevelopment agency is suspended or eliminated, the city council) and shall cause notice of the time, place and purpose of the hearing to be given by regular mail to the appellant, the applicant if other than the appellant, to all owners of real property as shown on the latest equalized assessment roll within a 500 foot radius of the exterior boundary of the real property that is the subject of the hearing and also to the occupants of such properties. If such property within a 500-foot radius is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant, and occupants of such properties, shall also be notified. All persons who appeared at the hearing before the hearing officer and addressed the hearing officer in connection with the application, and any other person who has requested in writing to be so notified or who has submitted written comments with a correct and legible return address shall also be notified, and no other notice thereof need be given.
B. 
Notices shall be placed in the mail at least 10 days before the date of the hearing. One copy of the notice of appeal application shall be sent to the applicant, if the applicant is not the appellant.
C. 
For appeals from the decision on a home occupation permit, however, at least 10 days notice by mail shall be given to the applicant or permittee and to all persons shown on the last equalized assessment roll as owning real property located within a radius of 500 feet of the exterior boundaries of the property proposed for home occupation and also to the occupants of such properties. If the property contiguous to that proposed for home occupation is owned by the same person or entity, the owners of contiguous property to that owned by the applicant and the occupants of such properties shall also be notified.
D. 
At least 10 days prior to the hearing, the applicant shall cause notice thereof to be posted in a conspicuous place on the property involved, including, for a parking use permit, both the property for which a parking use permit is sought and the off-site parking facility as follows:
1. 
A poster-size sign shall be mounted on 4” x 4” wooden posts and shall be able to withstand all types of weather conditions.
2. 
The poster-size sign shall not exceed six feet above ground level and shall be visible from adjacent streets.
3. 
The poster-size sign shall be a height of three feet and width of four feet.
4. 
The poster-size sign shall be located not more than five feet inside the property line in residential zones and not more than one foot inside the property line in all other zones. In all instances, the sign shall be located in areas that are most visible to the public but not within the public right-of-way.
5. 
The poster-size sign shall:
a. 
Not be illuminated;
b. 
Be limited to only one per street frontage of the property;
c. 
Clearly be legible;
d. 
Consist of black lettering on a white background.
6. 
Additional poster-size signs may be required at the discretion of director of community development.
7. 
The poster-size sign shall remain for the duration of the appeal period given in this title. If no appeal is filed, the sign shall be removed within seven days after 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 final action by the city on that appeal. The sign may be altered or replaced to reflect information on the appeal hearing. If a subsequent appeal is filed, the sign shall remain for at least 15 days, but no more than 22 days, after final action by the city on the subsequent appeal.
8. 
In situations where the above requirements are not physically possible due to site constraints, a comparable notice shall be prepared and located to the satisfaction of the director of community development.
(Ord. 5399 Attach. A, 2004; Ord. 5437 § 33, 2005; Ord. 5446 § 15, 2005; Ord. 5637 § 10, 2009; Ord. 5645 § 40, 2009; Ord. 5747 § 119, 2011; Ord. 5803 § 118, 2013; Ord. 5818 § 36, 2013)
The planning commission shall hold a public hearing on the appeal and consider the evidence. The hearing shall be de novo, in that an independent reexamination of the matter shall be made. Upon the hearing of the appeal, the planning commission may refer the matter to the hearing officer, or in the case of a administrative use permit, to the director of community development, or affirm, reverse or modify the determination of the hearing officer, or in the case of a administrative use permit the determination of the director of community development, by a minimum of three affirmative votes subject to the same limitations as are placed upon the hearing officer by this code. The decision of the planning commission upon the appeal shall be in writing.
(Ord. 5399 Attach. A, 2004; Ord. 5437 § 34, 2005; Ord. 5637 § 11, 2009; Ord. 5747 § 120, 2011; Ord. 5818 § 37, 2013)
A decision of the planning commission or of the director of community development shall become final 15 days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.
(Ord. 5399 Attach. A, 2004; Ord. 5637 § 12, 2009; Ord. 5747 § 121, 2011)
A. 
If the planning commission determines that new and material evidence not previously presented to the hearing officer is available and such evidence could not reasonably be produced at the prior hearing before the hearing officer the planning commission may order that the hearing officer rehear the matter. Any substantial change proposed by the applicant in the project from that which was represented to the hearing officer shall not be eligible for further consideration without the filing of a new application. Written notice of the rehearing shall be mailed to the appellant, to the applicant if other than the appellant, and to such other persons as may have appeared and addressed the hearing officer or planning commission at the respective hearings in connection with such matter at least 10 days before the date of the rehearing, and no other notice need be given.
B. 
If the planning commission determines that new and material evidence not presented in the case of a administrative use permit to the director of community development is available and such evidence could not reasonably be produced in writing prior to the decision of the director of community development, the planning commission may order the director of community development to reconsider the application and render a new written decision. Any substantial change proposed by the applicant in the project from that which was represented to the director of community development shall not be eligible for further consideration without the filing of a new application. Written notice of the director of community developments intent to make a new written decision shall be mailed to the appellant, to the applicant if other than the appellant, and those interested parties that provided written evidence to the director of community development prior to the initial decision, shall be provided written notice of a new written decision at least 10 days before said decision is reached, and no other notice need be given.
(Ord. 5399 Attach. A, 2004; Ord. 5637 § 13, 2009; Ord. 5747 § 122, 2011; Ord. 5818 § 38, 2013)