Glendale City Zoning Code
CHAPTER 30
61 HEARINGS AND PUBLIC NOTICES
§ 30.61.010 Variances, conditional use permits, design review, wireless telecommunications facilities permits, requests for parking reduction, and development plan review for special recreation.
For variances, conditional use permits, design review, wireless telecommunications facilities permits where the director of community development is not the review authority, requests for parking reduction where the director of community development is not the review authority, requests for parking use permits where the director of community development is not the review authority, and development plan review for special recreation, notice for public hearings shall be given in the manner listed below. For the purposes of this section the term “review authority” shall mean the design review board, the city council, the planning commission, the director of community development, the historic preservation commission or the arts and culture commission, as applicable. For variances, conditional use permits, parking reduction permits, design review, wireless telecommunications facilities permits, and development plan review for special recreation, the director of community development, or the director of library, arts and culture for murals presented to the arts and culture commission, shall set the matter for public hearing and notify the city clerk of the hearing date. The city clerk shall give notice of the public hearing. The notice of the public hearing shall contain the date, time and place of the hearing, the general nature of the proposed permit and the street address or legal description of the property involved and shall be:
A.
For variances, conditional use permits, wireless telecommunications facilities permits, requests for parking reduction, and development plan review for special recreation only, published once in the official newspaper of the city at least 10 days before the date of the hearing (such notice shall not be required for design review);
B.
Mailed, postage prepaid, at least 10 days before the date of the hearing to both property owners and occupants as follows:
1.
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 which is the subject of the proposed permit including, for a parking use permit, both the property for which a parking use permit is sought and the off-site parking facility;
2.
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 notified;
3.
If the director of community development finds that additional property owners may be substantially affected by the request, such property owners shall also be notified of the hearing; and
4.
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 and occupant map keyed to the mailing labels.
C.
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 four inch by four inch 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.
D.
For design review, the director of community development may provide notice of subsequent design review meetings by the above procedures where the director of community development determines that additional notice is in the public interest. In addition, the director of community development shall cause public notice of subsequent review authority meetings to be given if six months or more have lapsed since the last review authority consideration of the subject project. If subsequent notice is required, the applicant shall provide certified public notice mailing labels for all owners of real property found by the director of community development to be affected by the subject of the meeting and 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 meeting, 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. Also, the public notice mailing labels shall include the occupants of such properties. The applicant shall provide a property ownership and occupant map keyed to the mailing labels.
(Ord. 5399 Attach. A, 2004; Ord. 5425 § 55, 2004; Ord. 5437 § 31, 2005; Ord. 5536 § 31, 2006; Ord. 5585 § 15, 2007; Ord. 5605 § 11, 2008; Ord. 5645 § 38, 2009; Ord. 5687 § 5, 2010; Ord. 5692 § 32, 2010; Ord. 5747 § 113, 2011; Ord. 5752 § 18, 2011; Ord. 5803 § 116, 2013; Ord. 5847 § 12, 2015; Ord. 5955 § 12, 2020)
§ 30.61.015 Parking use permits.
A.
Projects Outside of Redevelopment Areas.
1.
For a parking use permit outside of a redevelopment project area, public notice of the application and the date of the director of community development’s decision shall be given in the following manner.
a.
At least 10 days prior to the director of community development’s decision, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved including, both the property for which a parking use permit is sought and the off-site parking facility;
b.
Mailed, postage prepaid, at least 10 days before the date of the director of community development’s decision 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 properties which are the subject of the proposed permit (both the site for which parking is required and the off-site or shared parking location), except that, if such notified property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be notified. Also, the public notice shall be mailed to the occupants of such properties if the director of community development finds that additional property owners may be substantially affected by the proposed permit, such property owners and occupants of such properties shall also be notified of the date of decision.
2.
For projects outside of a redevelopment project area, where, in the opinion of the director of community development, additional public input and public notice are desirable because of the location, operation or other characteristic of both properties affected (both the site for which parking is required and the off-site or shared parking location), the director of community development may require a noticed public hearing before the hearing officer, in which case notice shall be given the same as for a variance, as in Section 30.61.010(A) through (C). When a surface parking lot proposed to be used as an off-site facility is directly adjacent to a residential use or to an alley separating the parking lot from a residential use, then a public hearing before the hearing officer must be held, with notice given as in Section 30.61.010(A) through (C).
B.
Projects Within a Redevelopment Project Area.
1.
For a parking use permit for a project within a redevelopment project area, public notice of the application and the date of the director of community development’s decision shall be given in the following manner:
a.
At least 10 days prior to the director of community development’s decision, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved, including both the property for which a parking use permit is sought and the off-site parking facility;
b.
Mailed, postage prepaid, at least 10 days before the date of the director of community development’s decision 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 properties which are the subject of the proposed permit (both the site for which parking is required and the offsite or shared parking location), except that, if such notified property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be notified. Also, the public notice shall be mailed to the occupants of such properties. If the director of community development finds that additional property owners may be substantially affected by the proposed permit, such property owners and occupants of such properties shall also be notified of the hearing.
2.
For projects in a redevelopment project area, where, in the opinion of the director of community development, additional public input and public notice are desirable because of the location, operation or other characteristic of both properties affected (both the site for which parking is required and the off-site or shared parking location), the director of community development may require a noticed public hearing before the Glendale redevelopment agency (or, if the redevelopment agency is suspended or eliminated, the city council), in which case notice shall be given as in Section 30.61.010(A) through (C).
(Ord. 5536 § 32, 2006; Ord. 5747 § 114, 2011; Ord. 5752 § 19, 2011)
§ 30.61.020 Zoning map changes and setback ordinances.
For a change of zone, for a setback ordinance, or for an addition of an overlay zone, upon acceptance of an application, or where the city council has initiated the proceedings for a change of zone, setback ordinance, or for an addition of an overlay zone, the director of community development shall set the petition for hearing before the planning commission; thereafter the director of community development shall set the petition for hearing before the city council by notifying the city clerk. For an addition of a historic district overlay zone, the procedures in Chapter 30.25 shall also apply. Public notice for hearings before the city council, planning commission and/or historic preservation commission shall be given according to the following process.
A.
Published once in the official newspaper of the city at least 10 days before the date of the hearing;
B.
Mailed, at least 10 days before the date of the hearing to both property owners and occupants as follows:
1.
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 which is the subject of the proposed change of zone or setback ordinance,
2.
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 notified,
3.
If the director of community development finds that additional property owners may be substantially affected by the request, such property owners shall also be notified of the hearing, and
4.
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 and occupant map keyed to the mailing labels;
C.
For zoning map changes or for a setback ordinance, or for addition of an overlay zone, where council has initiated the proceedings and if the number of property owners to whom notice would be mailed is greater than 1,000, the director of community development, in lieu of mailed notice, may provide notice by:
1.
Placing a display advertisement of at least one-quarter page in an official newspaper of general circulation in the city,
2.
Placing a copy of the notice on the city’s website at least 10 days prior to the public hearing, and
3.
Placing a simplified notice on the city’s government access television channel.
(Ord. 5425 § 56, 2004; Ord. 5536 § 32, 2006; Ord. 5585 § 16, 2007; Ord. 5747 § 115, 2011)
§ 30.61.030 General plan amendments.
Upon acceptance of an application for general plan amendment, or where the council on its own motion or on the recommendation of the director of community development has initiated the proceedings for a general plan amendment, the council shall refer the proposed amendment to the planning commission. The director of community development shall set the petition for hearing before the planning commission; thereafter the director of community development shall set the petition for hearing before the city council by notifying the city clerk. The city clerk shall give notice of the public hearings to be held by the planning commission and the city council. The notice of the public hearings shall contain the dates, times and places of the hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram of the location of real property, if any, that is the subject of the hearing and shall be published subsequent to subsection A below.
If the director of community development finds that additional property may be substantially affected by the proposed change of land use designation additional public notice may be given to interested or substantially affected persons and may include direct mailing of public notices and posting of property, if applicable, at least 10 days prior to the hearings. 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 proposed change of land use designation and to provide a property ownership map keyed to the mailing labels. Also, the applicant shall provide mailing labels for the occupants of such properties and a map keyed to the occupant mailing labels.
A.
Published once in the official newspaper of the city at least 10 days before the date of the hearing;
B.
Additional public notice which may be given to interested or substantially affected persons may include direct mailing of public notices and posting of property, if applicable, at least 10 days prior to the hearings;
C.
Where the city council has initiated proceedings and if the number of property owners to whom notice would be mailed is greater than 1,000, the director of community development, in lieu of mailed and posted notice, may provide notice by:
(Ord. 5399 Attach. A, 2004; Ord. 5425 §§ 56, 57, 2004; Ord. 5536 § 33, 2006; Ord. 5585 § 17, 2007; Ord. 5747 § 116, 2011)
§ 30.61.040 General plan amendments.
Upon acceptance of an application for general plan amendment, or where the council on its own motion or on the recommendation of the director of planning has initiated the proceedings for a general plan amendment, the council shall refer the proposed amendment to the planning commission. The director of planning shall set the petition for hearing before the planning commission; thereafter the director of planning shall set the petition for hearing before the city council by notifying the city clerk. The city clerk shall give notice of the public hearings to be held by the planning commission and the city council. The notice of the public hearings shall contain the dates, times and places of the hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram of the location of real property, if any, that is the subject of the hearing and shall be published subsequent to subsection A of this section.
If the director of planning finds that additional property may be substantially affected by the proposed change of land use designation additional public notice may be given to interested or substantially affected persons and may include direct mailing of public notices and posting of property, if applicable, at least 10 days prior to the hearings. 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 planning to be directly affected by the proposed change of land use designation and to provide a property ownership map keyed to the mailing labels.
A.
Published once in the official newspaper of the city at least 10 days before the date of the hearing;
B.
Additional public notice which may be given to interested or substantially affected persons may include direct mailing of public notices and posting of property, if applicable, at least 10 days prior to the hearings;
C.
Where council has initiated proceedings and if the number of property owners to whom notice would be mailed is greater than 1,000, the director, in lieu of mailed and posted notice, may provide notice by:
(Ord. 5399 Attach. A, 2004; Ord. 5425 § 58, 2004; Ord. 5536 § 34, 2006)
§ 30.61.050 Amendments to the zoning ordinance.
For additions or amendments to the zoning ordinance text or additions or amendments to use districts, any public hearings required shall be conducted after notice which shall be published once in the official newspaper of the city at least 10 days before the date of the hearing. Said notice of the public hearing shall contain the date, times and places of the hearings and a general description of the proposed additions or amendments.
(Ord. 5399 Attach. A, 2004; Ord. 5425 § 59, 2004)
§ 30.61.060 Administrative use permits.
A.
For administrative use permits, notice shall be published once in the official newspaper of the city at least 10 days before the date of the written decision by the director of community development or the hearing officer if a public hearing is required as per Section 30.49.020 of this title;
B.
Mailed, postage prepaid, at least 10 days before the date of the written decision or public hearing to both property owners and occupants as follows:
1.
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 which is the subject of the proposed permit;
2.
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 notified. The notice will also contain information instructing owners and occupants how and when to submit written comments on the proposed permit and how the permit may be appealed;
3.
If the director of community development finds that additional property owners may be substantially affected by the request, such property owners shall also be notified of the intent to render a written decision or hold a public hearing; and
4.
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 and occupant map keyed to the mailing labels;
C.
At least 10 days prior to the date of the written decision or a public hearing, the applicant shall cause notice thereof to be posted in a conspicuous place on the property involved 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. 5818 § 34, 2013[1])