Chapter 30.16
IMPLEMENTATION AND PROCEDURES
Article I. Change of
Zone and Amendments
30.16.010 Purpose.
30.16.020 Authority.
30.16.030 Authorization for initiation.
30.16.040 Application filing.
30.16.050 Filing fees.
30.16.060 Public hearings and notice.
30.16.070 Withholding of building permits when change of zone pending.
30.16.080 Recommendation of planning commission.
30.16.090 Action by council.
Article II. General Plan Amendment
30.16.100 Purpose.
30.16.110 Authority.
30.16.120 Authorization for initiation.
30.16.130 Application filing.
30.16.140 Filing fees.
30.16.150 Public hearings and notice.
30.16.160 Recommendation of planning commission.
30.16.170 Action by council.
Article III. Setback Ordinance
30.16.180 Purpose.
30.16.190 Authority.
30.16.200 Authorization for initiation.
30.16.210 Application filing.
30.16.220 Filing fees.
30.16.230 Public hearings and notice.
30.16.240 Withholding of building permits when special setback ordinance pending.
30.16.250 Recommendation of planning commission.
30.16.260 Action by council.
Article IV. Variance
30.16.270 Purpose.
30.16.280 Authority.
30.16.290 Findings of fact.
30.16.300 Burden of proof.
30.16.310 Authorization for initiation.
30.16.320 Application filing.
30.16.330 Filing fees.
30.16.340 Public hearings and notice.
30.16.350 Decision of the zoning administrator.
30.16.360 Resubmittal of applications.
30.16.370 Duration of variance.
30.16.380 Revocation.
Article V. Administrative Exception
30.16.390 Purpose.
30.16.400 Applicability.
30.16.410 Authority.
30.16.420 Findings of fact.
30.16.430 Burden of proof.
30.16.440 Authorization for initiation.
30.16.450 Application filing.
30.16.460 Filing fees.
30.16.470 Decision of the zoning administrator.
30.16.480 Duration of administrative exception.
30.16.490 Revocation.
Article VI. Conditional Use Permit
30.16.500 Purpose.
30.16.510 Authority.
30.16.520 Findings of fact.
30.16.530 Authorization for initiation.
30.16.540 Applicability-Exception.
30.16.550 Application filing.
30.16.560 Filing fees.
30.16.570 Public hearings and notice.
30.16.580 Decision of the zoning administrator.
30.16.590 Resubmittal of applications.
30.16.600 Duration of conditional use permit.
30.16.610 Revocation.
Article VII. Home Occupation Permit
30.16.620 Purpose.
30.16.630 Authority.
30.16.640 Criteria.
30.16.650 Application filing.
30.16.660 Filing fees.
30.16.670 Decision by the zoning administrator.
30.16.680 Permit not transferable.
30.16.690 Duration of home occupation permit.
30.16.700 Revocation.
Article VIII. Nonconforming
Uses and Buildings
30.16.710 Purpose.
30.16.720 Applicability.
30.16.730 Nonconforming uses, buildings and structures.
Article IX. Appeals
30.16.740 Purpose and authority.
30.16.750 Authorization for initiation.
30.16.760 Appeal filing.
30.16.770 Public hearings and notice.
30.16.780 Decision of board of zoning adjustments.
30.16.790 Appeals to the council.
30.16.800 Rehearings.
Article X. Design Review
30.16.810 Intent and purpose.
30.16.820 Applicability.
30.16.830 Authority.
30.16.840 Standards.
30.16.850 Authorization for initiation.
30.16.860 Application filing.
30.16.870 Filing fees.
30.16.880 Procedure for review.
30.16.890 Agendas.
30.16.900 Public meetings.
30.16.910 Reconsideration and appeals.
30.16.920 Duration of design review board's approval.
30.16.930 Notice.
Article I. Change of Zone
and Amendments
30.16.010 Purpose.
The principal purpose and objective of this zoning ordinance is to provide for the proper location of land uses, and to that end to classify, insofar as it is practicable to do so, types of land use in order to provide one or more zones in which each type of land use shall be permitted. This objective is ongoing and may require a change of zone from that previously established from time to time in conformance with the comprehensive general plan. (Prior code º 30-400)
30.16.020 Authority.
Boundaries of the zones established by this part, the classification of property uses therein, development standards and any change in wording, context or substance may be changed when adopted by ordinance passed by the city council pursuant to the provisions of article XV, section 2 of the Glendale Charter. (Prior code º 30-401)
30.16.030 Authorization for initiation.
Applications or petitions for a change of zone or amendment to the zoning ordinance text may be initiated by either:
a. 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
b. The council through its own motion. (Prior code º 30-402)
30.16.040 Application filing.
Applications for change of zone or amendment to the zoning ordinance text shall be made on forms available in the permit services center. Applications shall contain all required information relevant to the proposed action, including but not limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data 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. These applications and accompanying materials shall be filed with the permit services center. No application shall be accepted unless it complies with such requirements. (Prior code º 30-403)
30.16.050 Filing fees.
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each application for zone change for the purpose of defraying the expense of postage, posting, advertising and other costs of labor and materials incidental to the proceedings prescribed herein. (Prior code º 30-404)
30.16.060 Public hearings and notice.
a. Upon acceptance of an application for change of zone, or where council has initiated the proceedings for a change of zone, 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 public hearings shall contain the date, times and places of the hearings and a general description of the property proposed to be zoned or rezoned and shall be:
1. Published once in the official newspaper of the city at least ten (10) days before the date of the hearing;
2. At least ten (10) days prior to the hearing, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved;
3. Mailed, postage prepaid, at least ten (10) days before the date of the hearing to the owners of the property to be zoned or rezoned and to all persons shown on the last equalized assessment roll as owning real property located within a radius of three hundred (300) feet of the exterior boundaries of the property to be zoned or rezoned. If the property contiguous to that proposed for zone change is owned by the same person or entity, the owners of contiguous property to that owned by the applicant shall also be notified. If the director of planning finds that additional property may be substantially affected by the proposed change of zone, such additional property owners shall also be notified of the hearings by the above procedure.
b. Any public hearings required for additions or amendments to the zoning ordinance text or additions or amendments to use districts shall be conducted after notice which shall be published once in the official newspaper of the city at least ten (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. (Prior code º 30-405)
30.16.070 Withholding of building permits when change of zone pending.
The city council, upon the filing of a petition asking that any territory be placed in any zone, may direct the permit services administrator to withhold the issuance of a permit for the erection, construction, alteration or change of any building, structure or improvement within such territory which would not conform to the requirements for the existing and proposed zone, and any permit issued in violation of this section shall be void. No building permit shall be withheld more than ninety (90) days from the filing of said petition unless an additional extension of not to exceed ninety (90) days has been approved by the council; provided, however, that when an environmental impact report is involved, an additional extension of up to one (1) year may be made. In the case of council initiated zone changes, the council may withhold building permits while the zone changes are pending subject to the same time limitations.
Notwithstanding the provisions hereinabove stated, whenever the council has taken action to amend the general plan and where such amendment contemplates zoning which is more restrictive than the existing zone, the provisions of this section shall not apply. The council may, on a case by case basis, determine and instruct staff to withhold the issuance of a building permit pending adoption of a more restrictive zoning ordinance affecting specific parcels of property. (Prior code º 30-406)
30.16.080 Recommendation of planning commission.
The planning commission shall hold a public hearing and consider all evidence presented for and against the proposal for change of zone or amendment and shall consider all arguments pertinent thereto. A copy of the commission recommendation shall be submitted to the council. (Prior code º 30-407)
30.16.090 Action by council.
The city council shall hold a public hearing on the proposed change of zone or amendment to the zoning ordinance text taking into consideration the planning commission recommendation. The council shall approve, approve with modifications, or disapprove the zone change application or amendment to the zoning ordinance text. (Prior code º 30-408)
Article II. General Plan Amendment
30.16.100 Purpose.
The purpose of the comprehensive general plan is to set forth the city's goals, policies and programs and to direct and designate the desired general distribution, location and extent of the significant uses of the land toward the achievement of the city's goals. The general plan is a dynamic document based upon community values and existing and projected conditions and needs which are in a constant state of change. The purpose of this article is to set forth procedures for the amendment of the general plan so that it may be updated and modified as necessary in response to changing circumstances. (Prior code º 30-409)
30.16.110 Authority.
The general plan, including its text, maps or diagrams may be amended by resolution passed by the city council pursuant to the provisions of the California Government Code, sections 65350 et. seq. (Prior code º 30-410)
30.16.120 Authorization for initiation.
Applications or requests for a general plan amendment may be initiated by either:
a. The verified application of the recorded owner or owners of the affected property or authorized agent thereof; or
b. The council through its own motion. (Prior code º 30-411)
30.16.130 Application filing.
Requests for general plan amendment shall be filed with the city planning division. Requests shall contain all required information which may include, but not be limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data necessary to demonstrate that the proposed general plan amendment is in the public interest of the city. (Prior code º 30-412)
30.16.140 Filing fees.
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each request for general plan amendment for the purpose of defraying the expense of postage, posting, advertising and other costs of labor and materials incidental to the proceedings prescribed herein. (Prior code º 30-413)
30.16.150 Public hearings and notice.
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:
a. Published once in the official newspaper of the city at least ten (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 ten (10) days prior to the hearings. (Prior code º 30-414)
30.16.160 Recommendation of planning commission.
The planning commission shall hold a public hearing and consider all evidence presented for and against the proposal for general plan amendment and shall consider all arguments pertinent thereto. The planning commission shall make a written recommendation on the adoption or amendment of a general plan. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission. A copy of the commission recommendation shall be submitted to the council. (Prior code º 30-415)
30.16.170 Action by council.
The city council shall hold a public hearing on the proposed general plan amendment taking into consideration the planning commission recommendation.The city council shall adopt or amend a general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the city council. The council shall approve, approve with modifications or disapprove the recommendation of the planning commission. However, any substantial modification proposed by the city council not previously considered by the commission during its hearings, shall first be referred to the planning commission for its recommendation. The failure of the commission to report within forty-five (45) calendar days after the reference, or within the time set by the city council, shall be deemed a recommendation for approval. (Prior code º 30-416)
Article III. Setback Ordinance
30.16.180 Purpose.
The purpose of the setback ordinance is to permit a greater or lesser setback from a particular street or streets than provided for in the zone in which the property is located in order to allow for future street widening or to provide flexibility in the development of certain blocks or neighborhoods due to unique circumstances. (Prior code º 30-417)
30.16.190 Authority.
Special setbacks may be established or changed whenever adopted by ordinance passed by the city council in accordance with the provisions of article XV of the Glendale Charter. (Prior code º 30-418)
30.16.200 Authorization for initiation.
Applications or petitions for a setback ordinance may be initiated by either:
a. The verified application of the recorded owner or owners of the subject property or authorized agent thereof, in accordance with the provisions of article XV, section 2 of the Glendale Charter; or
b. The council through its own motion. (Prior code º 30-419)
30.16.210 Application filing.
Requests for a setback ordinance shall be submitted to the permit services center. Requests shall contain all information necessary to evaluate the proposal including but not limited to maps, drawings to scale of land, existing and/or planned buildings, dimensions, descriptions and data. No request shall be accepted unless such sufficient information is provided. (Prior code º 30-420)
30.16.220 Filing fees.
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of a request for a special setback ordinance for the purpose of defraying the expense of postage, posting, advertising and other costs of labor and materials incidental to the proceedings prescribed herein. (Prior code º 30-421)
30.16.230 Public hearings and notice.
Upon acceptance of a request for special setback ordinance or where council has initiated the proceedings for a setback ordinance the director of planning shall set the matter for hearing before the planning commission; thereafter the director of planning shall set the matter 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 hearing shall contain the dates, times and places of the hearing and a general description of the property affected by the proposed setback ordinance and shall be:
a. Published once in the official newspaper of the city at least ten (10) days before the date of the hearing;
b. At least ten (10) days prior to the hearing, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved.
c. Mailed, postage prepaid, at least ten (10) days before the date of the hearing to the owners of the property proposed for special setback. If the director of planning finds that additional property may be substantially affected by the proposed setback ordinance, such additional property owners shall also be notified of the hearings by the above procedure. (Prior code º 30-422)
30.16.240 Withholding of building permits when special setback ordinance pending.
The city council, upon the filing of a request for special setback asking that the setback be more restrictive than that required in the zone in which located, may direct the superintendent of building to withhold issuance of a permit for the erection, construction, alteration or change of any building, structure or improvement within the proposed setback area, and any permit issued in violation of this section shall be void. No building permit shall be withheld more than ninety (90) days from the filing of said request unless an additional extension of not to exceed ninety (90) days has been approved by the council; provided, however, that when an environmental impact report is involved, an additional extension of up to one (1) year may be made. In the case of council initiated special setbacks, the council may withhold building permits while the special setback ordinance is pending subject to the same time limitations.
Notwithstanding the provisions hereinabove stated, whenever the council has taken action to amend the general plan and where such amendment contemplates a setback that is more restrictive than the existing zone, the provisions of this section shall not apply. The council may, on a case by case basis, determine and instruct staff to withhold the issuance of a building permit pending adoption of a more restrictive setback ordinance affecting specific parcels of property. (Prior code º 30-423)
30.16.250 Recommendation of planning commission.
The planning commission shall hold a public hearing and consider all evidence presented for and against the proposed setback ordinance, and shall consider all arguments pertinent thereto. A copy of the commission recommendation shall be submitted to the council. (Prior code º 30-424)
30.16.260 Action by council.
The city council shall hold a public hearing on the proposed setback ordinance taking into consideration the planning commission report and recommendation. The council shall approve, approve with modifications or disapprove the recommendation of the planning commission. (Prior code º 30-425)
Article IV. Variance
30.16.270 Purpose.
The purpose of the variance is to assure that no property, because of the special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone and vicinity. (Prior code º 30-426)
30.16.280 Authority.
Except where another individual or commission is empowered with authority to grant a variance, the zoning administrator may grant variances from the requirements of this title and from requirements of other titles of the Municipal Code where specifically authorized in such other titles in accordance with the findings of fact hereinafter prescribed. In granting any variance, the zoning administrator may impose conditions to safeguard and protect the public health, safety and promote the general welfare, and to insure that the development so authorized is in accordance with approved plans and is consistent with the zoning ordinance objectives. (Ord. 5028 º 35, 1993: prior code º 30-427)
30.16.290 Findings of fact.
A variance shall be granted only if the zoning administrator first finds that:
a. The strict application of the provisions of any such ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purposes and intent of the ordinance;
b. There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood;
c. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located; and
d. The granting of the variance will not be contrary to the objectives of the ordinance. (Prior code º 30-428)
30.16.300 Burden of proof.
The burden of proof to establish that findings of fact can be made as required by section 30.16.290 is on the applicant. (Prior code º 30-429)
30.16.310 Authorization for initiation.
Applications for a variance may be initiated by the verified application of the recorded owner or owners of the subject property or authorized agent therefor. (Prior code º 30-430)
30.16.320 Application filing.
Applications for variance shall be made on forms prescribed by the permit services administrator and contain all information necessary to evaluate the proposal, including but not limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data to support the required findings of fact exist with respect to the proposed variance. The application shall contain a statement containing any facts, arguments or grounds in support of the variance which the applicant wishes to make. Said applications and accompanying materials shall be filed with the city permit services center. The variance application shall be deemed filed after thirty (30) days unless the zoning administrator rejects such application, in writing, within thirty (30) days after submission, specifying why the application is incomplete. (Ord. 4981 º 1, 1992: prior code º 30-431)
30.16.330 Filing fees.
Filing fees in an amount as specified by resolution of the city council shall be paid upon the filing of each application for variance or multiple variance requests for the purpose of defraying the expense of postage, posting, advertising and 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. (Prior code º 30-432)
30.16.340 Public hearings and notice.
Upon acceptance of an application for variance, the zoning administrator 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 variance and the street address or legal description of the property involved and shall be:
a. Published once in the official newspaper of the city at least ten (10) days before the date of the hearing;
b. At least ten (10) days prior to the hearing, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved;
c. Mailed, postage prepaid, at least ten (10) days before the date of the hearing to all persons shown on the last equalized assessment roll as owning real property located within a radius of three hundred (300) feet of the exterior boundaries of the property which is the subject of the proposed variance. If the zoning administrator finds that additional property owners may be substantially affected by the proposed variance, such property owners shall also be notified of the hearing. (Prior code º 30-433)
30.16.350 Decision of the zoning administrator.
The zoning administrator shall hold a public hearing on the proposed variance and consider all evidence presented for and against the proposal. The zoning administrator shall make findings of fact and determinations in writing and shall place in the mail a copy thereof, addressed to the applicant and those persons speaking at the hearing who submitted their correct mailing address, within one hundred eighty (180) days from the date the application is deemed complete. With approval of the applicant, the zoning administrator may extend the time within which the determination shall be made, not to exceed an additional one hundred eighty (180) days.
The decision of the zoning administrator shall become final fifteen (15) days following the date of the decision unless an appeal to the board of zoning adjustments is filed as herein provided. (Ord. 4981 º 2, 1992: prior code º 30-434)
30.16.360 Resubmittal of applications.
No variance application which has been denied in whole or in part shall be filed again within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the director of planning. (Prior code º 30-435)
30.16.370 Duration of variance.
a. Termination. Every right or privilege authorized by a variance shall terminate two (2) years after the granting of such variance unless the exercise of such right or privilege has commenced in good faith prior to such time, except as otherwise provided in this section.
b. Cessation. Such rights and privileges shall also be terminated at such time as the zoning administrator may designate in the approval of the variance or upon any interruption or cessation of the use permitted by the variance for one year or more in the continuous exercise in good faith of such right or privilege.
c. Extension. The zoning administrator may extend the time within which the right or privilege granted under a variance must be exercised for one (1) additional year upon receipt of a written request from the applicant prior to expiration of such variance. This extension provision shall apply only to projects funded in whole or in part by state or federal monies. In granting such extension the zoning administrator shall make a written finding that neighborhood conditions have not substantially changed since the granting of such variance. (Ord. 5002 º 1, 1992: prior code º 30-436)
30.16.380 Revocation.
The zoning administrator shall have continuing jurisdiction over all variances. To consider the revocation of a variance, the zoning administrator shall hold a public hearing after giving notice by the same procedure as for consideration of a variance request and at least ten (10) days notice by mail to the applicant or permittee. The zoning administrator may revoke and terminate the variance in whole or in part, reaffirm the variance, modify the conditions or impose new conditions. A variance may only be revoked or conditions modified or added on any one or more of the following grounds:
a. That the variance was obtained by fraud or misrepresentation; or
b. That the variance has been exercised contrary to any of the terms or conditions of approval; or
c. That the use is in violation of any statute, ordinance, law or regulation; or
d. That the use permitted by the variance is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. (Prior code º 30-437)
Article V. Administrative Exception
30.16.390 Purpose.
The purpose of the administrative exception procedure is to provide a simplified means of considering applications for minor deviations from the standards of the Code. This procedure will help to shorten the public hearing agendas of the zoning administrator and reduce the delay and cost to the city, the general public and the applicant in processing applications. (Prior code º 30-437.1)
30.16.400 Applicability.
The provisions of this article shall apply and be limited to only one of the following categories per project. For more than one category per project, the procedures for variance shall be followed.
a. Projection of incidental architectural embellishments or structural appurtenances into required setback areas by not more than twenty-four (24) inches; provided, that such does not violate fire, housing or building codes.
b. Extension into a setback area to permit the continuation of an existing building line for minor additions or building modifications.
c. Increase in the allowable height of a building up to a maximum of five (5) additional feet in a "C" or "M" zone; and up to a maximum of three (3) additional feet in an "R1" zone for the purpose of permitting cupolas, spires, turrets or other design features consistent with the architectural style of the building.
d. Allowance for minor deviations from an approved sign program. Minor deviation, although not defined, is subject to the precedent of case law. Deviations permitted must clearly be of a small, minor nature where there is no impact upon a neighboring business or property or the surrounding neighborhood. It is intended that truly insignificant deviations would fall into this category. An example would be allowing a minor additional number of inches or square footage to allow a national company's standard logo sign, if such a sign were to be barely larger than the dimensions permitted by the proposed ordinance.
e. Addition of floor space for a building in a residential zone, "C" zone, or "M" zone up to a maximum of one hundred (100) square feet without providing the required number of parking spaces required within chapter 30.124 of this title.
f. A maximum ten (10) percent reduction in a setback requirement for a "C" or "M" zone.
g. A maximum three (3) space or five (5) percent reduction, whichever is greater, in the number of total parking spaces required in conjunction with a change of a commercial or industrial use in an existing building.
h. A reduction in the total number of parking spaces required solely as a need to upgrade existing parking facilities to comply with Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24.
i. Alternate or partial enclosure for air (HVAC) conditioning equipment, fuel tanks, water heaters or similar equipment in a "C" or "M" zone.
j. Increase of up to a maximum of five (5) additional feet above the permitted height for flagpoles in residential (R) zones.
k. Encroachment into a required residential (R) zone parking space for accommodating structural reinforcement, installation of pipes, vents or other similar improvements for no more than five (5) percent of the required dimension of a parking space where no more than three (3) parking spaces are affected. This subsection shall apply only to retrofitting of existing construction. The encroachment shall not impair the overall usefulness of the parking space or parking area for its intended purpose as a parking space or area. (Ord. 5136 º 1, 1996: Ord. 5061 º 1, 1994: Ord. 5042 º 2, 1994: Ord. 5028 º 36, 1993: prior code º 30-437.2)
30.16.410 Authority.
Except where another individual or commission is empowered with authority to grant an administrative exception, the zoning administrator may consider and render decisions on administrative exceptions for the categories identified in section 30.16.400. In granting any administrative exception, the zoning administrator may impose conditions to safeguard and protect the public health, safety and promote the general welfare, to insure that the development so authorized is in accordance with approved plans and is consistent with the objectives of the ordinance. (Ord. 5028 º 36, 1993: prior code º 30-437.3)
30.16.420 Findings of fact.
An administrative exception shall be granted only if the zoning administrator first finds in writing that:
a. The granting of the exception will result in design improvements, or there are space restrictions on the site which preclude full compliance with Code requirements without hardship;
b. The granting of the exception, with any conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located; and
c. The granting of the exception will not be contrary to the objectives of the applicable regulations. (Ord. 5042 º 3, 1994: prior code º 30-437.4)
30.16.430 Burden of proof.
The burden of proof to establish that findings of fact can be made as required by section 30.16.420 is on the applicant. (Prior code º 30-437.5)
30.16.440 Authorization for initiation.
Applications for administrative exception may be initiated by the verified application of the recorded owner or owners of the subject property or authorized agent therefor. (Prior code º 30-437.6)
30.16.450 Application filing.
Applications for administrative exception shall be made on forms prescribed by the city planning division and contain all information necessary to evaluate the proposal, including but not limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data to support that the required findings of fact exist with respect to the proposed exception. The application shall contain a statement containing any facts, arguments or grounds in support of the exception which the applicant wishes to make. Said applications and accompanying materials shall be filed with the permit services center. No application shall be accepted unless it complies with such requirements. (Prior code º 30-437.7)
30.16.460 Filing fees.
Filing fees in an amount as specified by resolution of the city council shall be paid upon the filing of each request for administrative exception for the purpose of defraying the expense of labor and materials incidental to consideration of the request. (Prior code º 30-437.8)
30.16.470 Decision of the zoning administrator.
The zoning administrator shall consider the proposal and make findings of fact and determinations in writing. A copy of the determination shall be mailed to the applicant within sixty (60) days from the date the application is deemed complete. With approval of the applicant, the zoning administrator may extend the time within which the determination shall be made, not to exceed an additional one hundred twenty (120) days.
The decision of the zoning administrator shall become final fifteen (15) days following the date of the decision unless an appeal to the board of zoning adjustments is filed as herein provided. (Prior code º 30-437.9)
30.16.480 Duration of administrative exception.
a. Termination. Every right or privilege authorized by an administrative exception shall terminate two (2) years after the granting of such administrative exception unless the exercise of such right or privilege has commenced in good faith prior to such time except as otherwise provided in this section.
b. Cessation. Such rights and privileges shall also be terminated at such time as the zoning administrator may designate in the approval of the administrative exception or upon any interruption or cessation of the use permitted by the modification for one (1) year or more in the continuous exercise in good faith of such right or privilege. (Prior code º 30-437.10)
30.16.490 Revocation.
The zoning administrator shall have continuing jurisdiction over all administrative exceptions. The zoning administrator may revoke and terminate the administrative exception in whole or in part, reaffirm the exception, modify the conditions or impose new conditions. An administrative exception may only be revoked or conditions modified or added on any one or more of the following grounds:
a. That the administrative exception was obtained by fraud or misrepresentation; or
b. That the administrative exception has been exercised contrary to any of the terms or conditions of approval; or
c. That the use is in violation of a statute, ordinance, law or regulation; or
d. That the use authorized by the administrative exception is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. (Prior code º 30-437.11)
Article VI. Conditional Use Permit
30.16.500 Purpose.
The purpose of the conditional use permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted because of their particular characteristics: the size of the area required for full development of such uses; traffic problems incidental to their operation; and/or the effect such uses may have on adjoining land uses and on the growth and development of the area in which they are proposed to locate.
Such uses may only be suitable in specific locations in a zoning classification or only if such uses are designed or laid out in a particular manner on the site or are subjected to specific conditions to assure compatibility within the zone and its surroundings. Since it would be impractical and detrimental to the peace, health, safety and general welfare to permit such uses in all areas of the city in any one or more zones, the peace, health, safety and general welfare will be promoted if such uses are authorized only by conditional use permit in accordance with the standards hereinafter set forth. (Ord. 5118 º 1, 1996: prior code º 30-438)
30.16.510 Authority.
The zoning administrator may grant conditional use permits upon making the findings of fact listed below. In granting a conditional use permit, the zoning administrator may impose conditions to safeguard and protect the public health, safety and promote the general welfare. (Prior code º 30-439)
30.16.520 Findings of fact.
A conditional use permit shall be granted only if the zoning administrator first finds that each of the following exists:
a. That the proposed use will be consistent with the various elements and objectives of the general plan.
b. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment.
c. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.
d. That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use.
e. For applications involving wireless telecommunication facilities, the following findings in addition to the above shall be made:
1. That no other feasible alternative site exists beyond the distance of three hundred (300) feet or more from a residential zone; and
2. That specific physical or technical factors make infeasible the use of or co-location upon a preexisting antenna support structure or preexisting building or structure. (Ord. 5176 º 4, 1997: prior code º 30-440)
30.16.530 Authorization for initiation.
Applications for conditional use permits may be initiated by the verified application of the recorded owner or owners of the subject property or authorized agent therefor. (Prior code º 30-441)
30.16.540 Applicability-Exception.
Whenever a conditional use permit is required for a public dance, the following organizations shall be exempt from the requirements to obtain such conditional use permit: the Glendale Unified School District, schools, academies, and other educational organizations including the student body organizations thereof, except dancing schools and academies; churches and religious organizations; fraternal orders, charitable and social clubs and organizations which conduct dances on a nonprofit basis and limit attendance to members of such organizations, families of members and bona fide guests, and which organization has for its principal purpose the betterment and advancement of its members otherwise than by the conducting of dances, and conducts such dances as merely incidental to its principal purpose and does not solicit or permit attendance by the general public; and, the city of Glendale and nonprofit civic organizations. (Prior code º 30-441.1)
30.16.550 Application filing.
Applications for conditional use permits shall be made on forms prescribed by the planning division and contain all information required therefor, including but not limited to maps, drawings to scale of land and buildings, dimensions, descriptions and data necessary to demonstrate that all the required findings of fact exist with respect to the proposed conditional use permit. For any conditional use permit application for wireless telecommunication facilities located within any residential zone or within three hundred (300) feet of any residential zone, the applicant shall also provide at the time of application filing a detailed study concerning site location. Such study shall include detailed analyses addressing all feasible alternate sites providing roughly equivalent coverage in lieu of a location within a residential zone or within three hundred (300) feet thereof. A study shall also be provided at the time of application filing for wireless telecommunication facilities application which do not propose co-location of said properties. Such study shall include detailed analysis addressing all feasible preexisting antenna support structures and preexisting buildings or structures providing roughly equivalent coverage. When a variance would be necessary in connection with the conditional use permit, an application for variance shall also be required. Said application and accompanying materials shall be filed with the permit services center. The conditional use permit application shall be deemed filed after thirty (30) days unless the zoning administrator rejects such application, in writing, within thirty (30) days after submission, specifying why the application is incomplete. (Ord. 5176 º 5, 1997: Ord. 4981 º 3, 1992: prior code º 30-442)
30.16.560 Filing fees.
Filing fees in an amount as specified by resolution of the city council shall be paid upon the filing of each application for conditional use permit for the purpose of defraying the expense of postage, advertising and other costs of labor and materials incidental to the proceedings prescribed herein. Whenever an application for a conditional use permit is submitted in conjunction with an application for variance or other application, a separate fee for each application shall be charged. (Prior code º 30-443)
30.16.570 Public hearings and notice.
Upon acceptance of an application for conditional use permit, the zoning administrator 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 conditional use permit and the street address or legal description of the property involved and shall be:
a. Published once in the official newspaper of the city at least ten (10) days before the date of the hearing;
b. At least ten (10) days prior to the hearing, the city clerk shall cause notice thereof to be posted in a conspicuous place on the property involved;
c. Mailed, postage prepaid, at least ten (10) days before the date of the hearing to all persons shown on the last equalized assessment roll as owning real property located within a radius of three hundred (300) feet of the exterior boundaries of the property which is the subject of the proposed conditional use permit. If the zoning administrator finds that additional property owners may be substantially affected by the proposed conditional use permit, such property owners shall also be notified of the hearing. (Prior code º 30-444)
30.16.580 Decision of the zoning administrator.
The zoning administrator shall hold a public hearing on the proposed conditional use permit and consider all evidence presented for and against the proposal. The zoning administrator shall make findings of fact and determinations in writing and shall place in the mail a copy thereof, addressed to the applicant and those persons speaking at the hearing who submitted their correct mailing addresses, within one hundred eighty (180) days from the date the application is deemed complete, or one hundred eighty (180) days after the application is submitted, whichever occurs first. Upon request of the appli-
cant, the zoning administrator may grant an extension to the time within which the determination shall be made, not to exceed an additional one hundred eighty (180) days.
The decision of the zoning administrator shall become final fifteen (15) days following the date of the decision unless an appeal to the board of zoning adjustments is filed as herein provided. (Ord. 4981 º 4, 1992: prior code º 30-445)
30.16.590 Resubmittal of applications.
No conditional use permit application which has been denied in whole or in part shall be filed again within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the director of planning. (Prior code º 30-446)
30.16.600 Duration of conditional use permit.
a. Termination. Every right or privilege authorized by a conditional use permit shall terminate two (2) years after the granting of such conditional use permit unless the exercise of such right or privilege has commenced in good faith prior to such time, and except as otherwise provided in this section.
b. Cessation. Such rights and privileges shall also be terminated at such time as the zoning administrator may designate in the approval of the conditional use permit or upon any interruption or cessation of the use permitted by the conditional use permit for one (1) year.
c. Extension. The zoning administrator may extend the time within which the right or privilege granted under a conditional use permit must be exercised for one (1) additional year upon receipt of a written request from the applicant prior to the expiration of such conditional use permit. This extension provision shall apply only to projects funded in whole or in part by state or federal monies. In granting such extension the zoning administrator shall make a written finding that neighborhood conditions have not substantially changed since the granting of such conditional use permit. (Ord. 5002 º 2, 1992: prior code º 30-447)
30.16.610 Revocation.
The zoning administrator shall have continuing jurisdiction over any conditional use permit. To consider the revocation of a conditional use permit, the zoning administrator shall hold a public hearing after giving notice by the same procedure as for consideration of a conditional use permit request and at least ten (10) days notice by mail to the applicant or permittee. The zoning administrator may revoke and terminate the conditional use permit in whole or in part, reaffirm the conditional use permit, modify the conditions or impose new conditions. The action of the zoning administrator is appealable by the same procedure as for the conditional use permit. A conditional use permit may only be revoked or conditions modified or added on any one or more of the following grounds:
a. That the conditional use permit was obtained by fraud or misrepresentation; or
b. That the conditional use permit has been exercised contrary to any of the terms or conditions of approval; or
c. That the use is in violation of any statute, ordinance, law or regulation; or
d. That the use permitted by the conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. (Prior code º 30-448)
Article VII. Home Occupation Permit
30.16.620 Purpose.
The purpose of the home occupation permit is to allow an occupation incidental to and subordinate to a residential use. In order to protect the residential neighborhood, the peace, health, safety and general welfare will be promoted if such uses are authorized only by home occupation permit in accordance with the criteria hereinafter set forth. (Prior code º 30-449)
30.16.630 Authority.
The zoning administrator may grant home occupation permits in accordance with the criteria herein set forth. In granting a home occupation permit, the zoning administrator may impose conditions to safeguard and protect the public health, safety and promote the general welfare. (Prior code º 30-450)
30.16.640 Criteria.
A home occupation permit shall be granted only if the zoning administrator makes the findings that the proposed home occupation complies with the following criteria:
a. No persons other than residents of the property shall be engaged on the property in the home occupation.
b. No sales of products on the premises shall be permitted.
c. No exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a nonresidential use.
d. No display of signs on the premises shall be permitted.
e. No outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall be permitted.
f. No increase in pedestrian or vehicular traffic shall be generated by the home occupation.
g. No required residential parking spaces shall be displaced.
h. No mechanical equipment, other than those used for normal household purposes, shall be permitted.
i. No hazardous process or emission of smoke, dust, noise, fumes, odors, vibrations or glare shall be permitted.
j. No occupation shall be permitted that occupies more than ten (10) percent of the floor area of the dwelling or other building on the premises.
The zoning administrator may refuse to issue the permit where the home occupation is or will otherwise be contrary to the best interests of the surrounding property or neighborhood. (Prior code º 30-451)
30.16.650 Application filing.
Applications for home occupation permits shall be made on forms prescribed by the planning division, containing all information required therefor, including the signature of the recorded owner or owners of the subject property or authorized agent therefor. Said applications shall be filed with the permit services center. (Prior code º 30-452)
30.16.660 Filing fees.
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each application for home occupation permit. (Prior code º 30-453)
30.16.670 Decision by the zoning administrator.
The zoning administrator shall consider the request based on the criteria for a home occupation permit and may inspect the premises, after which a decision to either grant a home occupation certificate, conditionally grant a home occupation certificate or deny the home occupation permit shall be issued in writing and placed in the mail addressed to the applicant. The zoning administrator shall issue the permit where the applicant shows that the home occupation meets all the criteria for home occupation permit. The decision of the zoning administrator shall become final fifteen (15) days following the date of the decision unless an appeal to the board of zoning adjustments is filed as herein provided. (Prior code º 30-454)
30.16.680 Permit not transferable.
No permit issued under this section shall be transferred or assigned, nor shall the permit authorize any person other than named therein to commence or carry on the home occupation for which the permit was issued. (Prior code º 30-455)
30.16.690 Duration of home occupation permit.
The zoning administrator shall grant a home occupation for a period of time not to exceed five (5) years. (Prior code º 30-456)
30.16.700 Revocation.
The zoning administrator shall have continuing jurisdiction over all home occupation permits. To consider the revocation of a home occupation permit, the zoning administrator shall hold a public hearing after giving at least ten (10) days notice by mail 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 three hundred (300) feet of the exterior boundaries of the property proposed for a home occupation. 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 shall also be notified. The zoning administrator may revoke and terminate the home occupation permit in whole or in part, reaffirm the home occupation permit, modify the conditions or impose new conditions. The action of the zoning administrator is appealable by the same procedure as for the home occupation permit. A home occupation permit may be revoked on any one or more of the following grounds:
a. That the property is being used contrary to the findings made by the zoning administrator as required by section 30.16.640 of this title; or
b. That any condition imposed by the zoning administrator has been or is being violated; or
c. When it appears that the home occupation authorized by the permit has been or is being conducted in violation of any state statute or city ordinance; or
d. When the home occupation is being conducted in a disorderly manner or to the detriment of the public; or
e. When the home occupation being carried on is different from that for which the permit was issued. (Prior code º 30-457)
Article VIII. Nonconforming
Uses and Buildings
30.16.710 Purpose.
Existing nonconforming structures and uses shall be subject to the specific regulations of this article as well as the general provisions of this title. The purpose of this article is to permit reasonable continuance of the operation of nonconforming uses and structures while providing for their gradual elimination if certain specified events occur. (Prior code º 30-458)
30.16.720 Applicability.
The provisions of this article shall apply to all buildings, structures, or uses of land which are nonconforming at the time of adoption of this ordinance as well as to those that become nonconforming as a result of subsequent changes in zoning regulations. (Prior code º 30-459)
30.16.730 Nonconforming uses, buildings and structures.
The following provisions shall be applicable to all nonconforming uses, buildings and structures:
a. A nonconforming use, building or structure excluding dish antennas may be continued as is; repaired as necessary for proper maintenance; and altered or repaired as necessary for safety reasons or to comply with governmental regulations. No expansion of operations or enlargement of floor area shall be permitted except as provided below:
1. Nonconforming residential buildings or structures, excluding dish antennas, located in a residential zone may be continued, altered or enlarged in any manner consistent with current regulations as if no nonconformity existed. This shall not apply to the addition of floor area to residential buildings which are nonconforming in terms of the number of parking spaces required within chapter 30.124 of this title.
2. Commercial buildings or structures located in a commercial zone and industrial buildings or structures located in an industrial zone which are nonconforming in terms of height and/or setback may be continued, altered, enlarged or operations expanded in any manner consistent with current regulations as if no nonconformity existed. The addition of alcoholic beverage sales to existing nonconforming automobile service stations shall not be permitted.
3. Buildings or structures located in an industrial zone which are used for nonconforming commercial purposes may continue as is, may be altered and may be expanded in terms of operations but shall not be enlarged. The addition of alcoholic beverage sales to existing nonconforming automobile service stations shall not be permitted.
4. Buildings or structures located in a commercial zone which are used for nonconforming industrial purposes may continue as is, may be altered and may be expanded in terms of operations but shall not be enlarged. The addition of alcoholic beverage sales to existing nonconforming automobile service stations shall not be permitted.
5. Nonconforming licensed day care centers located in the ROS, R1R, or R1 zone or in the SR zone may be continued, altered or enlarged on the same site in any manner consistent with current state licensing regulations and municipal code site design criteria as if no nonconformity existed.
b. A nonconforming use shall be allowed to change within its own major land use type (i.e., a nonconforming manufacturing use shall be allowed to change to another manufacturing use; a retail or service use may be allowed to change to another retail or service use; etc.), except that a nonconforming commercial or industrial use in a residential zone or a nonconforming industrial use in the C1 or C2 zone shall not be allowed to change to any other type of nonconforming use.
c. Any nonconforming building or structure, including multi-unit residential buildings, may be rebuilt in substantially the same manner and to the same square footage as previously existed if the building or structure has been destroyed or damaged by natural disaster, accident, or fire beyond fifty (50) percent of its appraised value. In addition, if the cost of compliance with the provisions of chapter 58 of volume I of the Glendale Building and Safety Code exceeds fifty (50) percent of the replacement cost of the nonconforming building or structure as determined by a qualified appraiser, such nonconforming building may be demolished and may be rebuilt in substantially the same manner and to the same square footage as previously existed. These exceptions, however, shall not apply to commercial and industrial buildings and structures located in a residential zone. The burden of proof that a building or structure is damaged by fifty (50) percent or less shall be upon the applicant for building permits.
d. When an expansion of operations, enlargement of floor area, change in use, or reconstruction occurs, the building or structure must comply with the provisions of chapter 30.124 of this title as it relates to parking and loading areas. Where a residential building or structure or building containing a dwelling unit is being rebuilt as allowed under the provisions of subsection c above, only the number of required parking spaces which were provided at the time of damage or destruction must be provided for the dwelling unit(s) if: all of the parking spaces and related driveways and turning aisles are at least as large as those which are being replaced, and a building permit is obtained no later than two years after the actual date of damage or destruction, and the building or structure is completed pursuant to said permit.
e. Multi-unit residential buildings located in the R-3050, R-2250, R-1650 or R-1250 zones which are nonconforming by reason of density may be removed and replaced with multi-unit residential building(s) of up to the same number of units provided said development is otherwise in compliance with all other provisions of this titlie. A building permit for replacement of such nonconforming multiple-unit building(s) must be obtained within two (2) years of the date of building removal.
f. Buildings or structures located in an industrial zone which are used for residential purposes may continue as is until such time as a permitted industrial use is established on the lot, at which time the nonconforming residential use shall be discontinued.
g. A nonconforming use, or portion thereof, shall be terminated if such use is discontinued for one (1) year.
h. Any dish antenna for which a building permit has been issued prior to the effective date of sections 30.16.820 and 30.16.840 of this chapter as amended to include dish antennas, but which does not conform to the provisions of said sections shall, within five (5) years of the effective date of amendment of said sections, be removed or brought into conformance with said sections. No structural alteration shall be made thereto, unless to preserve the safety of said dish antenna, or to bring the antenna into compliance with said sections 30.16.820 and 30.16.840.
i. All nonconforming outdoor storage areas shall be required to conform to the applicable provisions for screening and/or enclosure on or before October 29, 1986.
j. Any arcade establishment not located in the CBD zone and any billiard establishment for which a conditional use permit has not already been granted shall obtain a conditional use permit on or before October 6, 1996. Any arcade establishment which was lawfully in operation in the CBD Zone prior to October 6, 1994 and any arcade establishment or billiard establishment for which no conditional use permit has been granted shall be discontinued on or before October 6, 1999.
k. All nonconforming arcade establishments and billiard establishments shall be discontinued on or before October 6, 1999, unless said period has been extended pursuant to subsection (l) herein.
l. Extension provisions for arcade establishments and billiard establishments. An arcade establishment or billiard establishment existing on October 6, 1994 and operating in any zone or contrary to the provisions of section 30.64.050 and sections 5.20.010 through 5.20.070 of the Glendale Municipal Code may be continued as specified below:
1. If the arcade establishment or billiard establishment is subject to a written lease, entered into prior to May 1, 1994 with a termination date extending beyond January 1, 1999, the arcade establishment or billiard establishment may continue until the expiration of the present term of the lease, but in any event no later than January 1, 2002, provided the arcade establishment or billiard establishment is otherwise in compliance with all provisions of law, including but not limited to section 30.64.050, sections 5.24.010 through 5.24.150 and sections 5.20-.010 through 5.20.070 of the Glendale Municipal Code.
2. If, on May 1, 1994, the arcade establishment or billiard establishment was owned by the property owner the arcade or billiard establishment may continue until January 1, 2002, provided the arcade establishment or billiard establishment is otherwise in compliance with all provisions of law, including but not limited to section 30.64.050, sections 5.24.010 through 5.24.150 and sections 5.20.010 through 5.20.070 of the Glendale Municipal Code.
3. An owner of an arcade establishment or billiard establishment intending to exercise the time extension provision shall file a written notification thereof with the zoning administrator prior to October 6, 1999. The notification shall include a copy of the written lease or satisfactory evidence of property ownership meeting the requirements of subsections (l)(1) and (l)(2) herein.
m. A conditional use permit for an arcade establishment existing in the CBD zone on May 1, 1996 may be extended by filing an application for a new conditional use permit, but in no case may such new conditional use permit be granted to extend beyond May 1, 1999 or January 1, 2002 where the standards described in subsection (l) of this section apply and said application meets the standards to justify a favorable decision on the conditional use permit as set forth in title 30 of this Code. (Ord. 5067 º 6, 1994: Ord. 5029 º 1, 1993: prior code º 30-460)
Article IX. Appeals
30.16.740 Purpose and authority.
The decision of the zoning administrator on variances, conditional use permits, home occupation permits, applications for conditions of use, administrative exceptions and other applications except tentative tract applications for condominium conversions is appealable to the board of zoning adjustments as hereinafter prescribed. The decision of the board of zoning adjustments may be further appealed to the city council pursuant to provisions of chapter 2.88 of this Code relating to the uniform appeal procedure. (Ord. 5046 º 18, 1994: prior code º 30-461)
30.16.750 Authorization for initiation.
An appeal may be initiated by any interested party, including the applicant, any person affected thereby or any city official. (Prior code º 30-462)
30.16.760 Appeal filing.
Applications for appeal shall be made on notice of appeal forms prescribed by the city planning division and contain all information thereof. Said notice of appeal shall be filed in triplicate with the permit services center within fifteen (15) days following the decision which is being appealed together with the current filing fee as established by resolution of the city council. (Prior code º 30-463)
30.16.770 Public hearings and notice.
Upon receipt of a notice of appeal application, the zoning administrator shall cause the matter to be set for hearing before the board of zoning adjustments 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 persons who appeared at the hearing before the zoning administrator and addressed the zoning administrator in connection with the application, and to any other person in interest who has requested in writing to be so notified or who has submitted written comments with a correct and legible return address, and no other notice thereof need be given. Notices shall be placed in the mail at least ten (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. For appeals from the decision on a home occupation permit, however, at least ten (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 three hundred (300) feet of the exterior boundaries of the property proposed for home occupation. 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 shall also be notified. (Prior code º 30-464)
30.16.780 Decision of board of zoning adjustments.
The board of zoning adjustments shall hold a public hearing on the appeal and consider the evidence. Upon the hearing of the appeal, the board may refer the matter to the zoning administrator or affirm, reverse or modify the determination of the zoning administrator by a minimum of three (3) affirmative votes subject to the same limitations as are placed upon the zoning administrator by this Code. The decision of the board upon the appeal shall be in writing. (Ord. 5035 º 2, 1993: prior code º 30-465)
30.16.790 Appeals to the council.
A decision of the board of zoning adjustments or of the director of planning shall become final fifteen (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. (Prior code º 30-466)
30.16.800 Rehearings.
If the board determines that new and material evidence not previously presented to the zoning administrator is available and such evidence could not with reasonable diligence have been discovered and produced at the prior hearing before the zoning administrator, the board may order that the zoning administrator rehear the matter. Written notice of the rehearing shall be mailed to the appellant, applicant if other than the appellant, and to such other persons as may have appeared and addressed the zoning administrator or board at the respective hearings in connection with such matter at least ten (10) days before the date of rehearing, and no other notice need be given. (Prior code º 30-467)
Article X. Design Review
30.16.810 Intent and purpose.
The intent of design review is to promote the general welfare of the community by achieving the following purposes:
a. To protect the community from the adverse effects of poor design and to encourage good professional design practices;
b. To enhance the beauty, livability and prosperity of the community;
c. To encourage high quality development;
d. To discourage poor exterior design, appearance and inferior quality which is likely to have a depreciating effect on the local environment and surrounding area;
e. To encourage originality, creativity and diversity in design and to avoid monotony;
f. To ensure the compatibility of multiple-dwelling projects with adjoining single family neighborhoods;
g. To ensure single family design which is compatible with the character inherent within the surrounding neighborhood. (Prior code º 30-468)
30.16.820 Applicability.
The provisions of this article shall apply to new buildings and structures, exterior remodeling and exterior changes of or to existing buildings for which a building permit is required. Subsequent to the issuance of the final building permit, no changes to approved plans which affect the exterior of the project shall be permitted unless approved by the board in accordance with the procedures contained herein.
Notwithstanding the above provision, the following buildings, physical improvements and site developments are exempt from design review procedures and requirements:
a. Interior design and interior modifications to buildings or structures, whether or not floor area is added;
b. Buildings and structures in the CBD, CPD and SR zones;
c. In zones other than ROS, R1R and R1:
1. Remodeling projects, provided that such remodeling does not involve a change in the architectural style of the building or structure and is otherwise in keeping with the intent, purpose and standards of this article. Such remodeling may include, but shall not be limited to, window and door frees and openings, automatic teller machines, handrails, stairways, walls, fences, decks, patio covers, trellises, gazebos, mechanical equipment screening (both rooftop and ground mounted), satellite dish antennas and screening (both rooftop and ground mounted), trash and recycling enclosures and permanently affixed playground equipment. Major or substantial exterior changes which are proposed in accord with the city's earthquake ordinance shall be reviewed by the board for compliance with the provisions of this Code. The zoning administrator shall determine if a seismic upgrade change is of such minor nature as to not require design review board review;
2. Remodeling projects including additions to multiple residential, commercial or industrial buildings and structures which propose less than five hundred (500) square feet of additional floor area, provided that such remodeling does not involve a change in the architectural style of the building or structure;
3. All building additions and alterations to any existing "one residential dwelling," where there is only one (1) dwelling on a lot, and the addition or alteration does not cumulatively exceed, within a two (2) year period, a seven hundred (700) square foot limit;
4. A new detached residential garage, or additions or alterations to a detached residential garage, provided that the garage is compatible with any existing dwelling(s) on the same lot through the use of colors and materials, roof style and general architectural style and treatment.
5. Wireless telecommunication facilities that are integrated into a building facade or structure or hidden behind a roof parapet and not visible from the public right-of-way immediately adjacent to the subject property.
d. In the ROS, R1R, and R1 zones:
1. All new walls, fences, decks, patio covers, trellises, gazebos, and all mechanical equipment screening (both rooftop and ground mounted), satellite dish antennas and screening (both rooftop and ground mounted) or other similar structures that do not include floor area;
2. All new buildings or alterations, or additions to any existing building which propose an increase in floor and/or garage area less than seven hundred (700) square feet and do not propose an additional story and/or a change to a facade directly facing a street which includes an increase in area, measured horizontally, greater than two hundred (200) square feet. Applications for building additions shall not cumulatively exceed, within a two (2) year period, the seven hundred (700) square foot limit without first receiving design review board approval;
3. Accessory buildings which do not exceed five hundred (500) square feet that are compatible with any existing dwelling(s) on the same lot through use of colors and materials, roof style and general architectural style and treatment;
4. A new detached residential garage, or additions or alterations to a detached residential garage, provided that the garage is compatible with any existing dwelling(s) on the same lot through use of colors and materials, roof style and general architectural style and treatment.
e. Notwithstanding the above exclusions or limitations, any alteration or addition determined by planning staff as being incompatible with the surrounding neighborhood character or with existing buildings or structures on the lot shall obtain design review board approval. In making their determination of incompatibility, staff shall consider evidence such as neighborhood predominance of street front setback, roof styles, use of eaves and overhangs, variation in plane (both horizontal and vertical), building location on the site, massing, scale, use of colors and materials and other architectural treatments which, if otherwise ignored, could be injurious to surrounding properties. The design review board and planning staff shall be guided by the intent and purpose of section 30.16.840 and shall ensure that any proposed project will not conflict with the orderly and harmonious development of the neighborhood in which it is proposed. Neither the design review board, nor the planning staff, shall discourage originality in site planning, architecture, landscaping or graphic expression, or mandate any one particular decorative style of development.
f. Properties which are listed in the Glendale register of historic resources or the historic preservation element. (Ord. 5176 º 6, 1997: Ord. 5110 º 21, 1996: Ord. 5044 º 1, 1994: Ord. 5022 º 1, 1993: prior code º 30-469)
30.16.830 Authority.
The review and approval of plans and proposals by the design review board pursuant to the authority of chapter 2.52 of this Code is intended to assure that buildings and structures are designed and located in a manner which will satisfy the purpose and intent of design review and the standards herein set forth. The design review board may impose conditions related to site planning, design, general layout, and appearance. The board shall approve, approve with conditions or deny the design of the project. Upon approval of plans, no additional approvals are necessary from the design review board. The design review board shall not have the authority to require full working drawings. In the event of denial, the board shall specify those areas in which the project fails to comply with the provisions of this article. The applicant shall have the opportunity to submit changes to the project which comply with the specified reasons for denial for reconsideration by the board within ninety (90) days of the board's action. Changes to approved plans shall require a written or illustrated description of such change together with the reasons for such change. Major changes shall require application to and approval by the design review board in accordance with the provisions of this article. The board shall limit its review and reconsideration authority to those areas identified under the reasons for denial and to any other items changed by the applicant. Upon request of the applicant, the board shall have the authority to modify previous actions of the board. The board may delegate authority to the director of planning for review and approval of minor changes, and to approved resubmitted plans with modifications or changes provided such modifications or changes are in substantial conformance with reviewed plans, such changes are in keeping with the architectural style of the building or structure and are consistent with the objectives of the council.
No building permit plan check application shall be accepted for a residential or non-residential project which requires design review unless said plans are in conformance with plans approved and any conditions imposed by the design review board. A building permit plan check application may be accepted for a nonresidential project which requires design review prior to final action by the design review board if the following criteria have been met:
1. Authorization to proceed to stage 2 review has been granted by the design review board, and
2. The design review board authorizes proceeding to building plan check during the public comment period for the environmental documentation of a project.
The design review board shall not have the authority to impose more restrictive development standards relative to height, setbacks, density, coverage and parking than the provisions of the zone in which the project is to be located. The board may, however, require portions of buildings to be lowered or raised, parking or driveways to be rearranged, and facades altered (insofar as such changes are consistent with zoning standards). The board is not required to review plans that are not in reasonable conformance with the provisions of this title unless application for appropriate discretionary permits are pending. The director of planning is authorized to withhold plans from the design review board agenda when such plans are in violation of the provisions of this title and the required redesign would have a substantial effect on the appearance of the project. (Ord. 5149 º 1, 1996; prior code º 30-470)
30.16.840 Standards.
In consideration of applications for design review, the design review board shall be guided by the intent and purpose of section 30.16.810 and the standards set forth in this section. The design review board shall adopt written guidelines consistent with such intent, purposes and standards as it may deem necessary to properly exercise its powers and duties. Such guidelines shall be approved by the city council and shall be kept on file in the office of the director of planning, and a copy thereof shall be furnished to any person upon request.
a. The following standards and criteria may be utilized by the design review board which may require changes in materials, color, general design and layout, projections in the vertical or horizontal plan or such other design changes as may be necessary.
1. In addition to the height and minimum setback requirements set forth for the zone in which the property is located, changes in material, height, projections in the vertical or horizontal plane or similar facade changes should be encouraged on visible exterior building walls. Primary attention shall be given to those sides visible from the public right-of-way.
2. The appropriateness of a new or remodeled building to the zoning and area within which it is located, surrounding architectural design, scale and streetscape appearance should be considered provided they are in keeping with the intent and purpose of this article. Integrated and harmonious design themes are encouraged, including the use of consistent materials, colors, textures and signs on exposed building walls. New development or remodeling should be designed in such a way as to upgrade the appearance and quality of the area and be harmonious with existing improvements.
3. Conflicting relationships to adjacent buildings, structures, improvements and uses should be avoided as appropriate to the zone and area.
4. Boundary and other walls should generally be of decorative masonry and/or wrought iron which is complementary in color, texture and material to the development as a whole, although it is recognized that these materials may not be appropriate in all situations (i.e., wood fencing in residential zones and chain link fencing in industrial zones).
5. Landscaping shall be integrated into the architectural scheme so as to accent and enhance the appearance of the development. Existing mature trees (including those regulated in chapter 12.44 of this Code pertaining to preservation and protection of indigenous trees) over eight (8) inches in diameter on the site and within the parkway as well as trees on adjacent property within twenty (20) feet of the common property line should be considered for preservation in the site planning.
6. Subject to any applicable height limits, rooftop equipment shall be incorporated into the design of the project in such a manner that it is completely enclosed on all sides or concealed from view by screening, roofing or parapets at least six (6) inches higher that the height of the uppermost part of such equipment.
7. Any dish antenna which is ground-mounted but attached to a building or structure, and any roof-mounted dish antenna, shall be designed in accord with the following criteria:
(a) Open mesh material is recommended over solid material.
(b) The antenna and supporting structure shall be a neutral color, which color, in the opinion of the design review board, blends with the surrounding dominant color, helps camouflage the dish antenna, and is neither bright nor metallic.
(c) No advertising shall be permitted on any part of a dish antenna, except for a six-inch (6") square displaying the manufacturer's or distributor's name.
(d) The antenna shall be screened by recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing, or exterior wall material, or microwave transparent material.
(e) Not more than twenty-five (25) percent of the dish antenna shall be visible from surrounding streets and properties at ground level.
In evaluating any proposed ground-mounted dish antenna that is attached to a building or structure, any roof-mounted dish antenna, or any ground-mounted dish antenna not qualifying for exemption under the criteria of section 30.16.820 of this article, the design review board shall determine whether the color would be unobtrusive, whether the dish antenna can be installed in a location and in a manner which would minimize visual intrusion while maintaining practical operation, and whether the dish can be screened so that it is suitably concealed from view, in order to promote aesthetic objectives including, but not limited to, compatibility of neighborhood properties, the preservation of views and vistas, and the overall harmonious development of property. The criteria set forth herein shall apply only insofar as such criteria do not prevent the reception of satellite delivered signals or do not impose costs on the users of such antennas that are excessive in light of the purchase and installation costs and intended use of the dish antenna.
8. Any wireless telecommunication facility shall be designed in accord with the criteria specified in chapter 30.122 of this title.
b. The design review board shall ensure the compatible design of all multi-unit projects which abut a single-family zone. To accomplish this goal, the board shall have the authority to impose more restrictive development standards than the provisions of the zone in which the project is located. The board shall review each multi-unit project in terms of its impact on the single-family residential neighborhood, including but not limited to such design elements as window location, balconies, location of recreational facilities, entryways, and garage location. The design review board may require transitional height increases in order to promote a visual transition between the single-family neighborhood and multiple-family zone and to ensure that adequate landscape buffering is provided and permanently maintained. The design review board shall also consider the multiple dwelling building facades, roof designs, and use of materials and colors to ensure compatibility with the architectural design elements generally found in the neighboring single-family zone.
c. The design review board shall ensure single-family design which is compatible with the character inherent within the surrounding neighborhood. To accomplish this goal, the board shall review each single-family residential project in terms of its specific impact on the surrounding single-family neighborhood, including but not limited to such design elements as massing, scale, height, setback, landscaping, and window location. The design review board shall consider the setbacks of buildings and structures on adjacent properties and ensure that a project's proposed height and setback promote a visual transition between the project and neighboring buildings. The boards shall also consider garage location and design to promote compatibility with neighborhood patterns. The design review board shall also consider the single-family building facades, roof designs, and use of material and colors to ensure compatibility with the architectural design elements generally found in the surrounding single-family zone. (Ord. 5176 º 7, 1997: prior code º 30-471)
30.16.850 Authorization for initiation.
Applications for design review may be initiated by the verified application of the recorded owner or owners of the subject property or authorized agent thereof. (Prior code º 30-472)
30.16.860 Application filing.
Applications for design review shall be made on forms prescribed by the planning division and contain all information required therefor. Said applications and accompanying materials shall be filed with the planning division. The director of planning shall determine whether the applications and materials are
complete prior to review by the design review board. The application process shall be divided into stage 1 and stage 2 review.
Information to be supplied with the stage 1 review application shall not show finished details but shall include: site plan studies; the proposed site plan; general location of proposed improvements; location of adjoining development; precise location, type, and size of existing trees on the site and within twenty (20) feet of the site on adjacent property; photographs of the site and surrounding properties; all building elevation views, which may be colored; a general description of the materials and colors to be used; a general description or statement concerning proposed landscaping; 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.
Information to be supplied with the stage 2 review application shall include: a dimensioned site plan; building floor plans; isometric sketch perspective for each elevation; complete colored building elevation views; samples of primary building materials to be used; a landscape plan indicating the type, size, number, and location of proposed and existing plants; as well as the materials and texture of all walks, walls and other features. 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 must also be provided. Except as otherwise provided in this chapter, both stage 1 and stage 2 review shall be required for all new buildings and structures and where floor area is being added to an existing building. Only stage 2 review shall be required for remodeling projects. Photographs of the site and surrounding properties shall be supplied with the application where only stage 2 review is required. (Prior code º 30-473)
30.16.870 Filing fees.
Filing fees in an amount as specified by resolution of the city council shall be paid upon the filing of each application for design review for the purpose of defraying the cost of labor and materials incidental to the proceedings prescribed herein. (Prior code º 30-474)
30.16.880 Procedure for review.
The planning division shall refer the complete applications for design review and accompanying materials to the design review board with preliminary staff comments. Preliminary staff comments shall not be released to the applicant, however, preliminary review of plans with planning division staff is encouraged but not mandatory. The applicant must satisfactorily complete stage 1 review and receive authorization from the design review board to proceed to stage 2 review. The design review board may consider both stage 1 and stage 2 reviews at the same meeting for a project in any zone, where in the opinion of the board, a sufficient level of detail has been provided to approve or conditionally approve the project. The board may waive the stage 2 requirement or instruct that only certain elements be submitted for stage 2 consideration. No approval or final action shall be construed to be authorized until stage 2 approval is granted or conditionally granted by the board. Any new project submitted on a property previously reviewed by the design review board shall be returned to the same design review board if submitted within two (2) years of the original review. After two (2) years, the project may be reviewed by a different board. (Ord. 5022 º 2, 1993: prior code º 30-475)
30.16.890 Agendas.
All matters shall be placed on the agenda in their order of submission to the appropriate board. Consent calendar items may be grouped for consideration. (Prior code º 30-475.1)
30.16.900 Public meetings.
All meetings of the design review board shall be open to the public. (Prior code º 30-476)
30.16.910 Reconsideration and appeals.
a. The applicant or any aggrieved party, including any city official may request a reconsideration of the decision of the design review board referring an application for redesign after at least four (4) times during either the preliminary first stage or the subsequent second stage of evaluation by the design review board, or regarding the granting or denial of a design review second stage application, provided that such request for reconsideration is filed not more than seven (7) days after the board's determination. Such request for reconsideration shall specify the reasons for seeking reconsideration and shall be accompanied by a filing fee as established by resolution of the city council. Upon receipt of a request for reconsideration, the director of planning shall convene an alternatives assessment panel consisting of the chairperson of each design review board and an additional member from each board who shall then review the project, the original decision made by the design review board, written comments submitted by both the applicant and any interested party and the reasons for which reconsideration was requested. Based upon the above, the alternatives assessment panel shall formulate a recommendation back to the design review board which originally considered the matter. Said design review board shall thereafter reconsider the project and render anew a decision on the design review application which decision may affirm, modify or reverse the board's original determination.
b. Following the decision on reconsideration, the applicant or any aggrieved party, including any city official, may appeal to the city council the reconsidered decision of the design review board, in the manner provided in chapter 2.88 of this Code, except that the time for filing a notice of appeal thereunder shall be limited to seven (7) days after the board's decision on reconsideration. No appeal to the city council shall be accepted for processing unless and until a decision on reconsideration has been rendered. In the event that the city council elects to hear the case pursuant to chapter 2.88 of this Code, the chairperson of the design review board originally hearing the reconsidered matter, or the chairperson's designee, shall present the board's position to the council at the hearing on appeal.
c. Should the applicant elect to change a project design after a determination by the design review board on reconsideration but prior to the date set for an appeal before the city council, said changed project shall be referred forthwith to the design review board for consideration anew and the appeal will be vacated. (Ord. 4984 º 1, 1992: prior code º 30-477)
30.16.920 Duration of design review board's approval.
All approvals by the design review board shall be valid for a period of two (2) years. All necessary building permits must be obtained within this two (2) year period. In the event that a building permit is obtained in a timely manner and subsequently expires, all design review board approvals shall expire with the building permit if it expires after the two (2) year period. (Ord. 4960 º 1, 1991: prior code º 30-478)
30.16.930 Notice.
Notice by mail for projects located in the ROS, R1R and R1 zones, shall be given to all adjacent property owners prior to initial consideration by the design review board. The applicant for initial consideration shall also post a sign at the property proposed for development at least ten (10) days prior to any hearing date. The sign shall be of a type, size and style approved or provided by the planning division, with both the cost of the sign and posting being born by the applicant. The applicant shall file with the planning division, prior to the date of the hearing, an affidavit verifying compliance with the posting requirements. (Ord. 4960 º 2, 1991: prior code º 30-479)