A. Land Use Permits.
1. Applications
for variances, administrative exceptions, conditional use permits,
administrative use permits, parking exceptions, wireless telecommunications
facilities permits, design review, home occupation permits, density
bonus housing plan and agreement, inclusionary housing plan and agreement,
development projects in the SR special recreation zone, parking reduction
permits, and parking use permits may be initiated by the verified
application of the recorded owner or owners of the subject property
or authorized agent thereof.
2. No
variance, conditional use permit, administrative use permit, parking
exceptions, wireless telecommunications facilities permit, parking
reduction permit or parking use permit which has been denied in whole
or in part shall be filed again within six months of the date of such
denial except upon proof of changed conditions or by permission of
the director of community development.
B. Change of Zone, Amendment to the Zoning Ordinance, Text, Amendment
to the General Plan, Special Street Setback Ordinance. Applications
or petitions for a change of zone, amendment to the zoning ordinance
text, amendment to the General Plan or a special street setback ordinance
may be initiated by either:
1. The
verified application of the recorded owner or owners of the subject
property or authorized agent thereof, pursuant to the provisions of
Article XV, Section 2 of the Glendale Charter; or
2. The
council through its own motion.
(Ord. 5399 Attach. A, 2004; Ord. 5536 § 20, 2006; Ord. 5645 § 31, 2009; Ord. 5687 § 1, 2010; Ord. 5692 § 24, 2010; Ord. 5747 § 64, 2011; Ord. 5818 § 21, 2013; Ord. 5928 § 4, 2019)
A. Requests for variances, administrative exceptions, conditional use permits, administrative use permits, density bonus housing plan/agreement, inclusionary housing plan/agreement, parking exceptions, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall be made on forms prescribed by the director of community development, except for design review for murals. Design review applications for murals shall be made on forms prescribed by the director of library, arts and culture. Requests for setback ordinances or amendments to the general plan, zoning map or the text of the zoning ordinance shall be filed with the community development department. Applications for approval of a precise plan of design and a precise plan of design overlay zone designation shall indicate the proposed use of the buildings; identify all materials required for final design review as specified in subsection
G of this section; include an explicit inventory of all ways in which the proposed project plans and proposed uses deviate from the standards and restrictions of the underlying zone; and shall provide all other architectural and engineering data as may be required to ascertain compliance with the provisions of this title. Applications and accompanying materials for variances, administrative exceptions, administrative use permits, parking exceptions, conditional use permits, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall also be filed with the director of community development, except for design review for murals. Design review applications for murals shall be submitted to the director of library, arts and culture. Requests shall contain all information necessary to evaluate the proposal including, but not limited to, maps, drawings to scale of land and existing and/or planned buildings, dimensions, descriptions and data. No request shall be accepted unless such sufficient information is provided.
B. Requests shall also contain:
1.
For variances and administrative exceptions, a statement containing
any facts, arguments or ground in support of the variance or exception
which the applicant wishes to make.
2.
For conditional use permits, administrative use permits and
wireless telecommunications facilities permits, all information necessary
to demonstrate that all the required findings of fact exist with respect
to the proposed conditional use permit, administrative use permit
or wireless telecommunications facilities permit.
3.
For density bonus housing plans/agreements, any information necessary to determine the type and amount of affordable or other types of housing units proposed, whether the applicant can satisfy the replacement obligation set forth in Section
30.36.100, and whether and in what amounts the applicant qualifies for any requested density bonus and/or any concessions or waivers.
4.
For inclusionary housing plans/agreements, information required
pursuant to the Implementation Policies related to inclusionary housing
in effect at the time.
5.
For parking reduction permits, parking exceptions and parking
use permits, a statement containing any facts, arguments or grounds
in support of the parking reduction permit, parking exception or parking
use permit which the applicant wishes to make.
6.
For general plan amendments, all information necessary to demonstrate
that the proposed general plan amendment is in the public interest
of the city.
7.
For a change of zone or amendment to the zoning ordinance text,
all information necessary to demonstrate that the proposed change
of zone or amendment is in general conformance with the general plan.
Where a proposed zone change is not in conformance with the general
plan, a concurrent application for a general plan amendment shall
also be made.
C. All applications shall be deemed filed after 30 days unless the director
of community development rejects such application, in writing, within
30 days after submission, specifying why the application is incomplete.
D. For conditional use permits, administrative use permits, variances,
change of zone, or amendment to the zoning ordinance text or to the
general plan, development plans in the SR special recreation zone,
parking reduction permits, or parking use permits, or when a public
hearing is required for a wireless telecommunications facilities permit,
applicants shall also submit certified public notice mailing labels
for all owners of real property as shown on the latest equalized assessment
roll within a 500 foot radius of the exterior boundaries of the real
property that is the subject of the hearing, or in the case of an
administrative use permit, a written decision, except that if such
property is owned by the same person or entity, the owners of contiguous
real property to that owned by the applicant shall also be included,
property ownership map keyed to the mailing labels. If additional
mailed notice is required, it shall be the responsibility of the applicant
to provide certified public notice mailing labels for all owners of
real property as shown on the latest equalized assessment roll within
an area determined by the director of community development to be
directly affected by the request and to provide a property ownership
map keyed to the mailing labels.
E. Special setback ordinance requests shall also contain certified public
notice mailing labels for all owners of real property as shown on
the latest equalized assessment roll within the boundaries of the
area proposed for special setbacks and a property ownership map keyed
to the mailing labels.
F. Applications for design review shall be made on forms prescribed
by the director of community development and contain all information
required therefor, except for design review for murals, which shall
be made on forms prescribed by the director of library, arts and culture.
For all projects, except for murals, the director of community development
shall determine whether the applications and materials are complete
prior to review by the review authority. The director of library,
arts and culture shall determine whether the applications and materials
for mural projects are complete prior to review by the arts and culture
commission. Only applications that are deemed complete by the city
will be considered for review. For the purposes of this section the
term "review authority" shall mean the design review board, the city
council, the director of community development, the historic preservation
commission, or the arts and culture commission, as applicable.
1.
Preliminary design review for projects outside of the
DSP zone. Information to be supplied for preliminary review need not show finished details but shall include: project data and calculations; site plan studies; proposed site plan; general location of proposed improvements; location of adjoining development including, for projects in the R1, R1R and ROS zones, the location of windows; precise location, type, and size of existing trees on the site and within 20 feet of the site on adjacent property; photographs of the site and surrounding properties; all building elevation views, which may be colored; reduced-size building elevation views, which may be colored; identification of the architectural style of proposed building or structure; a general description of the materials and colors to be used; certified public notice mailing information for all owners and occupants pursuant to Chapter
30.61; a property, ownership map keyed to the mailing labels; a general description or statement concerning proposed landscaping; a general description or statement of consistency with applicable city design guidelines; a general description of compliance with National Pollution Discharge Elimination System (NPDES) requirements; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.
2.
Final design review for projects outside the DSP zone. In addition to requirements for preliminary design review, the final design review submittals shall include the following: dimensioned site plan; building floor plans; rendered perspective; sight-line studies for hillside development, complete colored building elevation views; reduced-size colored building elevation views; samples of primary building materials to be used; certified public notice mailing labels for all owners and occupants within a 500 foot radius of the project in compliance with Chapter
30.61; a property ownership map keyed to the mailing labels; a landscape plan indicating the type, size (both size at planting and anticipated size at maturity for new plantings), number, and location of proposed and existing plants; the materials and texture of all walls, windows, doors, roofing, hardscape and other features; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.
3.
Stage I preliminary design review submittals in the DSP
zone. In addition to the items specified in Subsection (F)(1)
above, applications for Stage I preliminary or conceptual review for
projects in the DSP zone shall also include: perspective drawings
with at least one showing a street level viewpoint; project sections;
conceptual lighting plan and nighttime rendering(s); conceptual landscape
plan; and conceptual public art, if applicable.
4.
Stage II final design review submittals in the DSP zone. In addition to the above items specified for Stage I, applications
for Stage II final design review shall also provide: interior elevations
of major public interior spaces, if applicable; additional perspective
drawings, including both daytime and nighttime renderings, as well
as perspective drawings of all publicly accessible open spaces; and
public art, if applicable.
5.
Design review for new dwelling units in ROS or R1R zones. Applications for design review involving new dwelling unit construction
in the ROS or R1R zones are required to provide a temporary frame.
The director of community development shall have the discretion to
require applications for design review involving all other projects
in the ROS and R1R zones and construction of enclosed space above
the first floor level of existing dwelling units in the R1 zone to
also provide a temporary frame. Projects for which a temporary frame
is required by this section shall be deemed incomplete until a temporary
frame is constructed.
a.
Temporary frame specifications. The temporary frame
shall, at a minimum, consist of wood posts or other sturdy and rigid
material located at all corners of the structure(s) and at either
end of all proposed ridgelines, with a taut rope of minimum 1/23 inch
diameter marked with triangular flagging connecting the posts. All
temporary framing shall be constructed to the satisfaction of the
director of community development. Temporary frames must remain in
place until the end of the appeal period for a design review, or variance
decision, or, when an appeal has been filed, until the appeal body
has made a design review, conditional use permit, or variance decision,
plus any appeal period for that decision. Temporary frames must be
removed within 22 days of an approval, approval with conditions, or
denial decision of a design review case unless an appeal is filed,
or within 60 days of a return for redesign decision, unless a new
application based on a return for redesign decision is filed within
60 days. Temporary frames must be removed within 22 days of a decision
on a conditional use permit or variance case, unless an appeal is
filed, or within 60 days of a final decision on a variance case, unless
a design review application or variance case is filed within 60 days.
The director of community development may, upon showing of good cause,
approve an alternative method other than the construction of a temporary
frame which aids envisioning the project proposal.
G. Requests for wireless telecommunications facilities permits shall be made on forms prescribed by the director of community development and submitted to the community development department. The director of community development shall amend application requirements from time to time as necessary to comply with applicable laws and regulations, or to otherwise ensure the provision of information necessary and useful to the evaluation of wireless telecommunications facility permit applications. In addition to the application submittal requirements for permits set forth in subsection
A of this section, the information listed below is supplemental and required at the time a wireless telecommunications facility permit application is submitted to the community development department.
1.
All proposed locations.
a.
An accurate map, compatible with the city's latest version of
GIS mapping software, indicating the proposed site and detailing existing
wireless telecommunications facility locations owned and operated
by the applicant within the city on the date of application submittal.
b.
An engineering certification demonstrating planned compliance
with all existing federal radio frequency emissions standards, and
providing technical data sufficient to justify the proposed height
of the proposed wireless communication facility.
c.
An alternative configuration analysis, assessing the feasibility
of alternative wireless telecommunications facility construction configurations—both
at the proposed site and in the surrounding vicinity—which would
result in a more visually compatible antenna(s), as deemed necessary
by the director of community development. This analysis shall include
an explanation of why other wireless telecommunications facility construction
configurations were not selected.
d.
A projection of the applicant's anticipated future wireless
telecommunications facility siting needs within the city, which information
may be used by the city as part of a master planning effort designed
to ensure a more planned, integrated and organized approach to wireless
telecommunications facility siting.
e.
An identification of the geographic service area for the subject
installation, including a map showing all of the applicant's existing
sites in the local service network associated with the coverage gap
the wireless telecommunications facility is meant to close, and describing
how the coverage gap will be filled by the proposed installation.
f.
An accurate visual impact analysis showing the maximum silhouette,
view shed analysis, color and finish palette and proposed screening
for the wireless telecommunications facility. The analysis shall include
photo simulations and other information as necessary to determine
the visual impact of the wireless telecommunications facility. A map
depicting where the photos were taken shall be included. The analysis
shall include a written description of efforts to blend the wireless
telecommunications facility with the surrounding area.
g.
The height and diameter of the facility, together with evidence
that demonstrates that the proposed wireless telecommunications facility
has been designed to the minimum height and diameter required from
a technological standpoint for the proposed site. If the facility
will exceed the maximum permitted height limit, a discussion of the
physical constraints (topographical features, etc.) making the additional
height necessary shall be provided.
h.
A description of the maintenance and monitoring program for
the wireless telecommunications facility and associated landscaping.
i.
A written statement of the applicant's willingness to allow
other carriers to co-locate on the proposed wireless telecommunications
facility wherever technically and economically feasible and aesthetically
desirable.
j.
A written description of any good faith efforts to co-locate
the proposed wireless telecommunications facility on another site
or building, including a GIS compatible map of the sites and engineering
information or letters from the owners of the site describing why
co-location would not be feasible.
k.
A written description of all accessory wireless equipment for
the wireless telecommunications facility. Describe the function of
this ancillary equipment and the need to locate same on or near the
wireless telecommunications facility.
l.
A written description of any requested exceptions to the standards set forth in Chapter
30.48 and the reasons therefor.
m.
For applications requiring planning commission review: certified
public notice mailing labels for all owners of real property as shown
on the latest equalized assessment roll within a 500 foot radius of
the exterior boundaries of the real property that is the subject of
the hearing except that if such property is owned by the same person
or entity, the owners of contiguous real property to that owned by
the applicant shall also be included, property ownership map keyed
to the mailing labels. If additional mailed notice is required, it
shall be the responsibility of the applicant to provide certified
public notice mailing labels for all owners of real property as shown
on the latest equalized assessment roll within an area determined
by the director of community development to be directly affected by
the request and to provide a property ownership map keyed to the mailing
labels.
n.
An alternative site analysis, assessing the feasibility of alternative
sites, including the potential for co-location, in the vicinity of
the proposed site, as deemed necessary by the director of community
development. Said alternative site analysis shall specifically include
an evaluation of the availability and feasibility of potential alternative
sites located outside a ROS, R1R, R1, R-3050, R-2250, R-1650 and R-1250
zone. Said alternative site analysis shall include a map that shows
other potential stand-alone locations for the proposed wireless telecommunications
facility that have been explored, and shall describe why the proposed
location is superior to other potential locations. Factors that must
be considered in the alternative site analysis include, but are not
limited to, cost, visual benefits and detriments of alternative sites
and proximity to single-family dwellings.
o.
Noise/acoustical information derived from the manufacturer's
specifications for all equipment such as air conditioning units and
back-up generators, and a depiction of the equipment location in relation
to adjoining properties.
p.
A conceptual landscape plan as determined necessary by the director
of community development. Said plan shall show all existing trees
and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity
will screen the site as determined by the director of community development.
q.
The director of community development may require additional
information related to topography, including slopes, contours and
proposed grading.
r.
All other information as determined necessary by the director
of community development may be required by the city's wireless telecommunications
facility permit supplemental application form.
2.
Expert review. In the event that the director of
community development in his or her discretion determines the need
to hire an independent, qualified consultant to evaluate technical
and other aspects of the application, the applicant shall provide
the city with written authorization for the city to do so. Such authorization
shall include a written agreement by the applicant to advance the
city for all reasonable costs associated with such consultation. The
city may require the applicant to submit a cash deposit for the estimated
cost of such consultation, and to replenish said deposit if consumed
by reasonable costs associated with such consultation. Such consultation
is intended to be a site-specific review of technical aspects of the
proposed wireless telecommunications facility and shall address all
of the following:
a.
Compliance with applicable radio frequency emission standards;
b.
The appropriateness of granting any requested exceptions;
c.
The accuracy and completeness of submissions;
d.
The applicability of analysis techniques and methodologies;
e.
The validity of conclusions reached; and
f.
Any specific technical issues designated by the city.
3.
If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the community development department for consideration by the approval body specified in Section
30.48.020; provided, however; that the city and the approval body need not accept and/or process said application unless and until the permittee: (a) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable state and federal requirements. In the case of co-locations, minor structural modifications may be permitted if necessary to accommodate said co-located facility.
(Ord. 5399 Attach. A, 2004; Ord. 5585 § 13, 2007; Ord. 5605 § 2, 2008; Ord. 5687 § 1, 2010; Ord. 5692 § 25, 2010; Ord. 5747 § 65, 2011; Ord. 5752 § 8, 2011; Ord. 5803 § 103, 2013; Ord. 5818 § 22, 2013; Ord. 5836 § 15, 2014; Ord. 5837 § 7, 2014; Ord. 5928 § 4, 2019; Ord. 5955 § 2, 2020; Ord. 6027, 5/14/2024)
Filing fees in an amount specified by resolution of the city
council shall be paid upon the filing of each application for a variance,
conditional use permit, administrative use permit, density bonus housing
plan/agreement, inclusionary housing plan/agreement, parking exception,
administrative exception, home occupation permit, design review, wireless
telecommunications facilities permit, or amendment to the General
Plan, text of the zoning ordinance, or zoning map or special setback
ordinance, or an appeal thereof, for the purpose of defraying the
expense of postage, posting, advertising and/or other costs of labor
and materials incidental to the proceedings prescribed herein. One
variance application may request relief from more than one standard
or permitted use; in this case one fee shall be charged. However,
if another type of application is submitted in conjunction with a
variance, additional fees shall be charged for each additional application.
(Ord. 5399 Attach. A, 2004; Ord. 5692 § 26, 2010; Ord. 5818 § 23, 2013; Ord. 5928 § 4, 2019)
Notwithstanding any other provisions in this title or Title
16 to the contrary, for projects proposing multiple applications for
variances, administrative exceptions, conditional use permits, administrative
use permits, parking exceptions, wireless telecommunications facilities
permits, design review, home occupation permits, density bonus housing
plan/agreement, inclusionary housing plan/agreement, development projects
in the SR special recreation zone, parking reduction permits, or parking
use permits, or applications pursuant to Title 16, the director of
community development shall have the authority to combine the review
of such applications by the highest review authority for such applications.
The review authority shall make the required findings for each application.
(Ord. 5836 § 16, 2014; Ord. 5847 § 10, 2015; Ord. 5928 § 4, 2019)
Upon receipt of a written request from the applicant and the
applicant's execution of a hold harmless agreement for the benefit
of the city with respect to the risks of concurrent review, the director
of community development may authorize the concurrent submittal of
a building permit plan check application with any variance, administrative
exception, conditional use permit, administrative use permit, parking
exception, wireless telecommunications facility permit, design review,
home occupation permit, density bonus housing plan and agreement,
inclusionary housing plan and agreement, development project in the
SR special recreation zone, parking reduction permit, and parking
use permit application.
(Ord. 6027, 5/14/2024)