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.
(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)
An appeal may be initiated by any interested party, including
the applicant, any person affected thereby or any city official.
(Ord. 5399 Attach. A, 2004; Ord. 5645 § 39, 2009)
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.
(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.
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)
