35.6.208 - Conditional Use Permits.
A. General. The City of Glendale recognizes certain uses which may be appropriate in specific zone districts but have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on adjoining properties, businesses, or residences within the City. Such uses require a more comprehensive review, including the ability of the City to establish specific conditions for the project to mitigate any potential impacts. The Planning Commission can evaluate only conditional uses listed and is empowered to approve, approve with conditions, or deny any application for a conditional use permit. Such review by the Planning Commission is subject to findings and the applicable hearing requirements of this section. The burden of proof shall be the responsibility of the applicant.
B. Application. Applications shall conform with the provisions of Section 35.6.202. Applications shall be filed with the Development Services Department on an application form with the required documentation specified on guidelines provided by the Development Services Director or designee with appropriate fees. After the Development Services Department has determined that an application is complete, a public hearing with the planning commission will be scheduled. The application, at a minimum, shall include the following:
1. Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the conditional use permit. Proof of ownership or written authorization to act on behalf of the owner must accompany the submittal.
2. A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, number of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use.
3. A list of all property owners within the prescribed notification distance (Section 35.6.204(C)) of the exterior boundaries of the property subject to the application. The list shall be accompanied by a map showing the location of these properties.
4. A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information.
5. Any additional information or plans which may be required by the Development Services Director or designee.
6. Wireless communication facilities require the following additional information:
a. A map of the service area of the proposed facility.
b. A map showing all existing or planned facilities within the network of the provider within three (3) miles of the proposed site. Describe the height, type of mount, and number of antennas for each facility.
c. A map showing any existing or planned single family residential development within one-half (½) mile of the proposed site.
d. A map showing all wireless communication facilities which are existing, approved, or under construction within a mile radius of the site.
e. A map showing other potential locations considered. This includes other monopoles, buildings, and alternative structures.
f. A scaled elevation of the facility from each direction. The elevation must be legible when reduced to eight and one-half (8½) by eleven (11) inch size.
g. A narrative which addresses the following:
i. Why the facility is needed.
ii. Efforts to co-locate on existing or planned towers and why co-location is not feasible or desirable.
iii. Efforts to locate antenna on existing building or another alternative structure.
iv. Why the proposed site is superior from a community perspective. Factors to address include visual impact on gateways to the community, heavily traveled corridors, and major view sheds, impact on land use character, and proximity to single family neighborhoods.
v. Efforts to blend the wireless facility into the surrounding area by minimizing the visibility of the structure. Include the process for selection of color of the proposed monopole.
vi. Justification for the proposed height. The height should represent the minimum necessary in all instances.
vii. Efforts to minimize the diameter and mass of the structure provide engineering information related to those efforts.
viii. Efforts to minimize the size of the antenna array, support equipment and related equipment shelter provide engineering information related to those efforts.
ix. Function of all equipment ancillary to the panel antennas such as whip and dish antennas.
x. Describe where the structure will be visible and from what distance.
h. Third-party review.
i. City staff may require a third-party review of any technical data submitted as part of the application.
ii. The third party may be selected by agreement with the applicant or at the discretion of the City. The cost of the third-party review will be paid for by the applicant.
iii. The third-party review is to be a technical site-specific review of the wireless communication facility, not a subjective review of the proposed site.
C. Public Hearing. The Planning Commission shall hold at least one (1) public hearing on the application. Prior to the public hearing, notice shall be provided as described in Section 35.6.204.
D. Findings. The Planning Commission shall make the following findings before granting a conditional use permit:
1. General Findings.
a. That the proposed use is consistent with the policies, objectives, and land use map of the Glendale General Plan and the purpose of the zone district in which the site is located;
b. That the proposed use will not be materially detrimental to the health, safety or general welfare of persons residing or working within the neighborhood of the proposed use, or have an adverse effect on the property, adjacent properties, the surrounding neighborhood or the City when consideration is given to the character and size of the use and hours of operation;
c. That the proposed site is adequate in size and shape to accommodate the intended use and that all requirements for the zone district, including but not limited to: setbacks, walls, landscaping and buffer yards are met;
d. That the proposed site has adequate access to public streets and highways to carry the type and quantity of traffic which may be generated by the subject use, and that on-site circulation is adequate to permit driveways, parking, and loading requirements in a manner which is safe and efficient;
e. That adequate conditions or stipulations have been incorporated into the approval of the conditional use permit to ensure that any anticipated detrimental effects to public health, safety, and welfare can be mitigated.
2. Wireless Communication Facilities Findings.
a. The proposed facility is required to provide adequate wireless service, and other alternative locations are either infeasible or less desirable from a community perspective;
b. The proposed facility will blend into the context of its setting and not be overly conspicuous within the community;
c. The scale and mass of the facility will not adversely affect the land use character of the property or the surrounding area;
d. Adequate setbacks have been provided to ensure the facility will not be intrusive on adjacent land uses or the streetscape.
e. All applicable development standards and design guidelines have been met.
E. Action by the Planning Commission. The Planning Commission may approve, approve with conditions, or deny any application after conducting a public hearing. The Planning Commission may place any conditions which are deemed necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the City as a whole, and which are required to preserve the public health, safety and general welfare. These conditions may include but are not limited to:
1. Requirements for setbacks, open spaces, buffers, fences or walls, and landscaping to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use;
2. Dedication of street or other public rights-of-way, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use;
3. Regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood;
4. Time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental to public health, safety, or welfare or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the City as a whole.
F. Effective Date of the Conditional Use Permit. The decision of the Planning Commission shall be final and effective fifteen (15) days from the date of the decision unless an appeal is filed pursuant to Section 35.6.208(G).
G. Appeal Procedure
1. The action of the Planning Commission may be appealed to the City Council by the applicant, any member of the City Council, the City Manager, or any property owner within subject property notification radius pursuant to Section 35.6.204. Such requests for appeal must be filed on an application form provided by the Development Services Director or designee with the appropriate fee, within the fifteen (15) days following the date of the Planning Commission action.
2. Consideration of the appeal shall be made at a public hearing only after notice of the hearing has been placed in the newspaper of general circulation of the area, or newspaper designated by the City Council for legal public notice, at least fifteen (15) days prior to the hearing. The notice shall be posted on the property at least fifteen (15) days prior to the hearing. It shall not be the responsibility of the City to maintain the notice once posted on the property.
3. The City Council shall act to affirm or reverse, in whole or in part, or modify the Planning Commission's decision. Any action to grant a conditional use permit, either through affirmation, modification, or reversal of the Planning Commission's decision, must include required findings for conditional use permit as provided in this ordinance.
H. Modification of Conditional Use Permit. A request to modify, expand, or otherwise change an approved conditional use permit, not in substantial conformance with the approved permit, shall be reviewed and processed according to provisions of this ordinance as a new application.
I. Revocation
1. Failure to comply with the conditions, stipulations, or terms of the approval of an approved conditional use, is a violation of this ordinance and will be enforced as such. Repeated offenses shall be cause for revocation in the following manner:
a. The Planning Commission shall notify, by certified mail, the holder of the conditional use permit of the intention to conduct a hearing to consider the revocation of the conditional use permit. Notice shall be postmarked at least fifteen (15) days prior to the date of the scheduled hearing. At the hearing the Planning Commission shall consider evidence from all interested parties and after consideration of all available information may revoke the conditional use permit if it is determined that conditions, stipulations, or terms of the approved conditional use permit have not been met.
J. Status of the Conditional Use Permit. A conditional use permit granted pursuant to provisions of this article shall run with the land and continue to be valid regardless of ownership of the site or structure subject of the conditional use permit application, so long as it operates within the conditions, stipulations, and terms of the conditional use permit approval.
K. Re-application. In cases where the conditional use permit has been denied, no application for a conditional use permit for the same or substantially the same use on the same or substantially the same site shall be filed within one hundred eighty (180) days from the date of denial or revocation of the conditional use permit.
L. Expiration of Conditional Use Permit for Wireless Communication Facilities—Monopole. All conditional use permits for wireless communication monopoles facilities shall be limited to a maximum time period of ten (10) years from the date of Planning Commission approval. When a conditional use permit is granted for a co-location on a facility with an existing conditional use permit, the action of granting the new conditional use permit shall extend the existing conditional use permit so that they will expire simultaneously.
The commission shall be responsible for initiating a review of the approved facility and shall request the applicant to demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the conditional use permit. If a new conditional use permit is not granted, the applicant shall be responsible for the removal of the facility.
