Glendale City Zoning Code
CHAPTER 30
40 APPLICATION FILING AND PROCEDURES
§ 30.40.010 Authorization for initiation.
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)
§ 30.40.020 Application filing.
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)
§ 30.40.030 Filing fees.
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)
§ 30.40.040 Application review procedures.
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)
§ 30.40.050 Concurrent review of land use permits and building plan check.
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)
