4. Stage II final design review submittals in the DSP zone. In addition to the above items specified for Stage I, applications for Stage II final design review shall also provide: interior elevations of major public interior spaces, if applicable; additional perspective drawings, including both daytime and nighttime renderings, as well as perspective drawings of all publicly accessible open spaces; and public art, if applicable.
5. Design review for new dwelling units in ROS or R1R zones. Applications for design review involving new dwelling unit construction in the ROS or R1R zones are required to provide a temporary frame. The director of community development shall have the discretion to require applications for design review involving all other projects in the ROS and R 1R zones and construction of enclosed space above the first floor level of existing dwelling units in the R1 zone to also provide a temporary frame. Projects for which a temporary frame is required by this section shall be deemed incomplete until a temporary frame is constructed. a. Temporary frame specifications. The temporary frame shall, at a minimum, consist of wood posts or other sturdy and rigid material located at all corners of the structure(s) and at either end of all proposed ridgelines, with a taut rope of minimum one-twenty-third (1/23) inch diameter marked with triangular flagging connecting the posts. All temporary framing shall be 369 of 465
57 constructed to the satisfaction of the director of community development.
Temporary frames must remain in place until the end of the appeal period for a design review, or variance decision, or, when an appeal has been filed, until the appeal body has made a design review, conditional use permit, or variance decision, plus any appeal period for that decision. Temporary frames must be removed within twenty-two (22) days of an approval, approval with conditions, or denial decision of a design review case unless an appeal is filed, or within sixty (60) days of a return for redesign decision, unless a new application based on a return for redesign decision is filed within sixty (60) days.
Temporary frames must be removed within twenty-two (22) days of a decision on a conditional use permit or variance case, unless an appeal is filed, or within sixty (60) days of a final decision on a variance case, unless a design review application or variance case is filed within sixty (60) days. The director of community development may, upon showing of good cause, approve an alternative method other than the construction of a temporary frame which aids envisioning the project proposal.
HG. Requests for wireless telecommunications facilities permits shall be made on forms prescribed by the director of community development and submitted to the community development department. The director of community development shall amend application requirements from time to time as necessary to comply with applicable laws and regulations, or to otherwise ensure the provision of information necessary and useful to the evaluation of wireless telecommunications facility permit applications. In addition to the application submittal requirements for permits set forth in subsection A of this section, the information listed below is supplemental and required at the time a wireless telecommunications facility permit application is submitted to the community development department.
1. All proposed locations.
a. An accurate map, compatible with the city’s latest version of GIS mapping software, indicating the proposed site and detailing existing wireless telecommunications facility locations owned and operated by the applicant within the city on the date of application submittal.
b. An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless communication facility.
c. An alternative configuration analysis, assessing the feasibility of alternative wireless telecommunications facility construction configurations—both at the proposed site and in the surrounding vicinity—which would result in a more visually compatible antenna(s), as deemed necessary by the director of community development. This analysis shall include an explanation of why 370 of 465
58 other wireless telecommunications facility construction configurations were not selected.
d. A projection of the applicant’s anticipated future wireless telecommunications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting.
e. An identification of the geographic service area for the subject installation, including a map showing all of the applicant’s existing sites in the local service network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.
f. An accurate visual impact analysis showing the maximum silhouette, view shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis shall include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless telecommunications facility with the surrounding area. g. The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided. h. A description of the maintenance and monitoring program for the wireless telecommunications facility and associated landscaping. i. A written statement of the applicant’s willingness to allow other carriers to co-locate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable. j. A written description of any good faith efforts to co-locate the proposed wireless telecommunications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location would not be feasible. k. A written description of all accessory wireless equipment for the wireless telecommunications facility. Describe the function of this ancillary equipment and the need to locate same on or near the wireless telecommunications facility.
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59 l. A written description of any requested exceptions to the standards set forth in Chapter 30.48 and the reasons therefor.
m. For applications requiring planning commission review: certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within a five hundred (500) foot radius of the exterior boundaries of the real property that is the subject of the hearing except that if such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be included, property ownership map keyed to the mailing labels. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.
n. An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the director of community development. Said alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located outside a ROS, R1R, R1, R- 3050, R-2250, R-1650 and R-1250 zone. Said alternative site analysis shall include a map that shows other potential stand-alone locations for the proposed wireless telecommunications facility that have been explored, and shall describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, but are not limited to, cost, visual benefits and detriments of alternative sites and proximity to single-family dwellings.
o. Noise/acoustical information derived from the manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.
p. A conceptual landscape plan as determined necessary by the director of community development. Said plan shall show all existing trees and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site as determined by the director of community development.
q. The director of community development may require additional information related to topography, including slopes, contours and proposed grading. r. All other information as determined necessary by the director of community development may be required by the city’s wireless telecommunications facility permit supplemental application form. 372 of 465
60 2. Expert review. In the event that the director of community development in his or her discretion determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city with written authorization for the city to do so. Such authorization shall include a written agreement by the applicant to advance the city for all reasonable costs associated with such consultation. The city may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:
a. Compliance with applicable radio frequency emission standards; b. The appropriateness of granting any requested exceptions; c. The accuracy and completeness of submissions;
d. The applicability of analysis techniques and methodologies; e. The validity of conclusions reached; and
f. Any specific technical issues designated by the city.
3. If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the community development department for consideration by the approval body specified in Section 30.48.020; provided, however; that the city and the approval body need not accept and/or process said application unless and until the permittee: (a) demonstrates the existing wireless telecommunications facility’s compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable state and federal requirements. In the case of co-locations, minor structural modifications may be permitted if necessary to accommodate said co-located facility.
SECTION 16. Section 30.40.050 of the Glendale Municipal Code, 1995 is hereby added to read as follows:
30.40.050 Concurrent review of land use permits and building plan check.
Upon receipt of a written request from the applicant and the applicant’s execution of a hold harmless agreement for the benefit of the City with respect to the risks of concurrent review, the director of community development may authorize the concurrent submittal of a building permit plan check application with any variance, administrative exception, conditional use permit, administrative use permit, parking exception, wireless telecommunications facility permit, design review, home occupation permit, density bonus housing plan and agreement, inclusionary housing plan and agreement, 373 of 465
61 development project in the SR special recreation zone, parking reduction permit, and parking use permit application.
SECTION 17. Section 30.41.010 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.41.010 Duration of variance, conditional use permit, administrative use permit, parking exception, parking reduction permit, parking use permit, development projects in the SR special recreation zone, administrative exception and density bonus housing plan.
A. Termination. Every right or privilege authorized by a variance, a conditional use permit, administrative use permit, parking exception, parking reduction permit, parking use permit, development projects in the SR special recreation zone, or density bonus housing plan shall terminate two (2) years after the granting of such variance, conditional use permit or density bonus housing plan 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. For variances, conditional use permits, administrative use permits, parking exception, parking reduction permits, parking use permits, development projects in the SR special recreation zone, and density bonus housing plan such rights and privileges shall also be terminated at such time as the applicable review authority may designate in the approval of the variance, conditional use permit, parking reduction permit, parking use permit, or development projects in the SR special recreation zone review. A variance or a parking use permit may be terminated by the review authority upon any interruption or cessation of the use permitted by the variance for one (1) year or more in the continuous exercise in good faith of such right or privilege. A parking reduction permit may be terminated by the review authority upon any interruption or cessation of the use permitted by the parking use permit in accordance with Section 30.50.070.
SECTION 18. Section 30.47.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.020 Applicability.
The provisions of this chapter shall apply to the following:
A. New buildings and structures, exterior remodeling and exterior changes of or to existing buildings and structures for which a building permit is required.
B. Any exterior change to an existing building or structure visible from the public street or sidewalk immediately adjacent to a property in an adopted historic district overlay zone, if that building or structure has been identified as a contributing building or 374 of 465
62 structure in an adopted historic resources survey. This shall include the street-facing façade, and any portions of the side and rear façades visible from the public street or sidewalk immediately adjacent to a property. For the purposes of this section, an alley is not considered a public street. For the purposes of this section, any portion of a building which is not visible due to landscaping, walls, fences or any other natural or man-made obstruction which is not a part of a contributing building or structure shall be considered to be visible from the public street or sidewalk.
C. For the ROS, R1R, and R1 zones, any fence or wall of more than three (3) feet of exposed height visible from the public street or sidewalk immediately adjacent to the property.
D. Sign programs.
E. Creative signs.
F. Murals.
G. Exemptions. Notwithstanding the above provisions and subsection (G)(5), the director of community development may exempt the following buildings, physical improvements and site developments from design review by a review authority:
1. Interior design and interior modifications to buildings or structures, whether or not floor area is added;
2. Buildings and structures, including wireless telecommunications facilities, in the CPD and SR zones (plans and proposals in the CPD zone shall be reviewed by the director of community development, in accordance with and according to the process in Chapter 30.12; plans and proposals in the SR zone shall be reviewed by the planning commission, in accordance with and according to the process in Chapter 30.15);
3. In zones other than ROS, R1R and R1:
a. 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 chapter. Such remodeling may include, but shall not be limited to, window and door frees and openings, automatic teller machines, handrails, stairways, fences and walls which may be permitted under Chapter 30.21, decks with a maximum overall height of eight (8) feet, or decks which are terraced to follow the natural terrain, not visible from other properties or are otherwise unobtrusive on the hillside and do not adversely impact neighboring properties, 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 375 of 465
63 equipment. Major or substantial exterior changes which are proposed in accord with the city’s earthquake ordinance shall be reviewed by the review authority for compliance with the provisions of this code. The director of community development shall determine if a seismic upgrade change is of such minor nature as to not require review authority review. Notwithstanding the above, any remodeling in the “HD” historic district overlay zone which is visible from the public street or sidewalk immediately adjacent the subject property is not exempt from design review, unless the director of community development determines that the proposed remodeling is consistent with the general intent of the citywide Historic District Design Guidelines, and any supplements to those guidelines, or any guidelines for non-residential buildings as may be adopted by the city council for the historic district overlay zone, b. For all multiple residential, commercial or industrial buildings and structures except for buildings which have been found to be contributing structures in an adopted historic district overlay zone, remodeling projects including additions which propose less than five hundred (500) square feet of additional floor area, and a mezzanine addition or a basement or attic conversion when the additional floor area is fully within the existing building, provided that such remodeling does not involve a change in the architectural style of the building or structure,
c. All building additions and alterations to any existing “one (1) residential dwelling,” where there is only one (1) residential dwelling on a lot, and the addition or alteration is located towards the rear fifty (50) percent of the existing building, does not propose a change to a façade directly facing a street, does not result in an increase in height and/or additional stories, does not exceed the height of the existing roofline(s), and is architecturally compatible with the existing dwelling through the use of colors and materials, roof style and general architectural style and treatment, does not cumulatively exceed, within a two (2) year period, a seven hundred (700) square foot limit except for such alterations and additions to buildings which have been found to be contributing structures in an adopted historic district overlay zone. For the purposes of this sub-section, the rear fifty (50) percent of the existing building shall be defined as the average distance from the building wall corner closest to the street-front property line and the building wall corner closest to an interior property line, measured along a straight line. d. 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 and, in an adopted historic district overlay zone, such new detached garages or additions or alterations to detached residential garages that can or will be seen from the public street or sidewalk immediately adjacent the subject property that are compatible with the Historic District Design Guidelines, 376 of 465
64 e. Wireless telecommunications facilities. Wireless telecommunications facilities permits shall be reviewed by the review authority named in Section 30.48.020 and according to the standards in Chapter 30.48, f. Accessory buildings that 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 or, in an adopted historic overlay zone, accessory buildings that do not exceed five hundred (500) square feet that can or will be seen from the public street or sidewalk immediately adjacent to the subject property that are compatible with the Historic District Design Guidelines,
g. In the MS, medical service, zone any additions and alterations to any existing hospital building or related hospital building, and temporary mobile medical trailers are subject to the review of the director of community development;
4. In the ROS, R1R, and R1 zones:
a. All new fences and walls constructed of permitted materials which are compatible with buildings and structures on the property, decks with a maximum overall height of eight (8) feet, or decks which are terraced to follow the natural terrain, not visible from other properties or are otherwise unobtrusive on the hillside and do not adversely impact neighboring properties, 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,
b. All new buildings additions or alterations, or additions to any existing building that are located towards the rear fifty (50) percent of the existing building, does notwhich 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 façade directly facing a street which includes an increase in floor area, measured horizontally, greater than two hundred (200) square feet, does not result in an increase in height and/or additional stories, does not exceed the height of the existing roofline(s), and is architecturally compatible with the existing dwelling through the use of colors and materials, roof style and general architecture style and treatment, except for such alterations and additions to buildings which have been found to be contributing structures in an adopted historic district overlay zone. For the purposes of this sub-section, the rear fifty (50) percent of the building shall be defined as the average distance from the building wall corner closest to the street-front property line and the building wall corner closest to an interior property line, measured along a straight line. . Applications for building additions shall not cumulatively exceed, 377 of 465
65 within a two (2) year period, the seven hundred (700) square foot limit without first receiving review authority approval,
c. Accessory buildings that 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 or, in an adopted historic district overlay zone, accessory buildings that do not exceed five hundred (500) square feet that can or will be seen from the public street or sidewalk immediately adjacent the subject property that are compatible with the Historic District Design Guidelines, and d. 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 and, in an adopted historic district overlay zone, such new detached garages or additions or alterations to detached residential garages that can or will be seen from the public street or sidewalk immediately adjacent the subject property that are compatible with the Historic District Design Guidelines;
5. Notwithstanding the above exemptions, any new building or structure, or alteration or addition to an existing building or structure determined by staff as being incompatible with the surrounding neighborhood character or with existing buildings or structures on the lot shall not be exempt from design review by a review authority. 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 review authorities and staff shall be guided by the intent and purpose of Section 30.47.040 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 review authorities nor the staff shall discourage originality in site planning, architecture, landscaping or graphic expression, or mandate any one (1) particular decorative style of development;
6. Notwithstanding the above exemptions, any new walls, fences, decks, patio covers, trellises, gazebos, mechanical equipment, satellite dish antennas and screen or other similar structures, any addition or alteration in the “HD” historic district overlay zone, regardless of size, which is visible from the public street or sidewalk immediately adjacent the subject property, are not exempt from design review, unless the director of community development determines that the proposed project, addition or alteration is in accordance with the citywide Historic District Design Guidelines, and any supplements to those guidelines and any guidelines for nonresidential buildings as may be adopted by the city council for the historic district overlay zone. The director of community development may 378 of 465
66 determine that routine maintenance and repair in accordance with the Historic District Design Guidelines, any applicable adopted supplements to those guidelines, or any adopted guidelines for nonresidential buildings, is exempted from design review;
7. Properties that are listed in the Glendale Register of Historic Resources or the Historic Preservation Element;
8. Solar energy equipment, as defined in this title;
9. Community gardens;
10. Accessory dwelling units (ADUs) are exempt from design review but must comply with the compatibility standard set forth in Section 30.34.080;
11. Any building that has been destroyed or damaged by natural disaster, accident or fire, consistent with Section 30.60.040(A)(1) and (A)(2).
SECTION 19. Section 30.47.030 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.030 Authority
A. For the purposes of this chapter, the term “review authority” shall mean the design review board, the city council, the director of community development, the historic preservation commission, or the arts and culture commission, as applicable.
B. For buildings and structures in the DSP zone over ten thousand (10,000) square feet, or any addition over ten thousand (10,000) square feet to an existing building, the city council shall be the review authority instead of the design review board.
C. For building and structures in the DSP zone, outside of a redevelopment project area, ten thousand (10,000) square feet or less, or any addition ten thousand (10,000) square feet or less to an existing building, the director of community development shall be the review authority.
D. For creative signs in the DSP zone outside a redevelopment project area, the city council shall be the review authority instead of the design review board, when the creative sign is proposed in conjunction with a new building greater than ten thousand (10,000) square feet or an addition greater than ten thousand (10,000) square feet to an existing building. In all other cases in the DSP zone the review authority shall be the director of community development.
E. For buildings, structures, and creative signs in a Historic District Overlay Zone, plans and proposals shall be reviewed by the historic preservation commission. 379 of 465
67 F. Except for properties located in the SR zone or PPD overlay zone, the director of community development shall be the review authority for:
1. Additions and remodels of single-family dwellings, including decks with a maximum overall height greater than eight (8) feet, and an increase in the number of stories where the addition is located at the rear fifty (50) percent of the building and is architecturally compatible with the existing dwelling through the use of colors and materials, roof style and general architectural style and treatment; provided that a proposed addition or remodel of a single-family dwelling that does not meet the limitations of Section 30.60.040(8B)(2) shall be considered new construction; and
2. New multifamily buildings of six (6) or fewer units and additions of six (6) or fewer units to existing multifamily buildings; and
3. Nonresidential or mixed mixed-use projects of ten thousand (10,000) square feet or less or any addition of ten thousand (10,000) square feet or less to an existing nonresidential or mixed usemixed-use building.
4. The design review board may review final design review projects listed in this subsection H when, in the opinion of the director of community development, a new building or structure, or alteration or addition to an existing building or structure is determined by staff to be incompatible with the surrounding neighborhood character or with existing buildings or structures on the lot. 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.
G. For sign programs, the director of community development shall be the review authority.
H. For murals, the arts and culture commission shall be the review authority.
I. In all other cases, plans and proposals shall be reviewed by the design review board.
IJ. The review and approval of plans and proposals by the review authority is intended to ensure that buildings and structures are designed and located in a manner that will satisfy the purpose and intent of design review and the standards herein set forth.
1. Review of plans and conditions of approval. The review authority may impose conditions related to site planning, design, general layout, and appearance.
For any project where the property has an average current slope exceeding fifty 380 of 465
68 (50) percent, or where the project grading will exceed one thousand five hundred (1,500) cubic yards, the review authority may impose conditions to address impacts related to construction and grading, including, but not limited to, haul routes, protection of indigenous trees and requirements and conditions of approval of any city department that are reasonably related to the public health, safety or welfare.
The review authority shall approve, approve with conditions or deny the design of the project. The review authority shall not have the authority to require full working drawings. In the event of denial, the review authority shall specify those areas in which the project fails to comply with the provisions of this title.
Notwithstanding any provision of Title 30, the review authority shall have the authority to impose conditions in order to ensure compatibility with surrounding development in terms of size, scale, bulk/mass, roofline orientation, setbacks, and site layout. Regarding privacy, access to natural light, and placement of windows, the review authority shall consider alternative arrangement of windows or building massing or site layout to avoid conflicting relationships to adjacent buildings, structures, improvements and uses; for these reasons alone, however, the review authority shall not reduce the size or scale of a project or shall not prohibit construction with a reasonable number or size of windows in a new or remodeled building, or an addition thereto. The review authority is not required to review plans that are not in reasonable conformance with the provisions of this title unless applications for appropriate discretionary permits are pending. The director of community development is authorized to withhold plans from the review authority 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, or are otherwise not in substantial conformance with relevant adopted design guidelines.
Notwithstanding the above, the review authority shall have authority to impose conditions for sign programs in the DSP zone or for vehicle sales, leasing and rental agencies in the CA zoning district, as applicable, according to Section 30.33.220 in order to ensure compatibility with surrounding development, size, scale, bulk/mass, setbacks and site layout. The review authority is not required to review plans that are not in reasonable conformance with provisions of this title. The review authority shall approve, approve with conditions or deny sign programs as applicable.
2. Changes to projects/plans. Upon request of the applicant, the review authority shall have the authority to modify its previous actions. The review authority, as applicable, may delegate authority to the director of community development for review and approval of minor changes, and to approve resubmitted plans with modifications or changes provided such modifications or changes are in substantial conformance with plans and conditions approved by the review authority, in keeping with the architectural style of the building or structure, and consistent with the objectives of this code, any applicable design guidelines, and conditions of approval.
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69 When changes to projects approved by the review authority occur at project sites during the course of construction, the director of community development has the authority for review and approval of minor design changes that are in substantial conformance with plans and conditions approved by the review authority, in keeping with the architectural style of the building or structure, and consistent with the objectives of this code, any applicable design guidelines, and conditions of approval. Other design changes shall be presented to the review authority for their consideration. The review authority may then approve or deny any changes. The poster-size sign on the property in question that is normally required for design review cases by Section 30.61.010 shall not be a requirement for public notice purposes in these cases.
Projects that do not conform to designs approved by a review authority and/or the planning division of the community development department shall be deemed to be in violation of this code.
The director of community development shall have the authority to modify approved landscape plans when modifications are consistent with California-friendly plantings or California-friendly landscaping as defined in Section 13.36.040 of this code.
3. Building permit plan check and conformance with design review. Except as provided herein or authorized by the director of community development, no building permit plan check application shall be accepted for a project which requires design review unless said plans are in conformance with plans approved and any conditions imposed by the review authority. Upon application for any design review consideration, a building permit plan check application may be accepted for a nonresidential project which requires design review prior to final action by the review authority if the review authority authorizes proceeding to building plan check during the public comment period for the environmental documentation of a project.
Plans are in conformance with plans approved and any conditions imposed by the review authority if they comply in all material respects with all plans submitted and approved as part of the design review including, but not limited to, the site plan and all elevations as to all matters regulated by this chapter, including, without limitation, site layout and planning (which shall include location of primary and accessory structures), design, architectural style and treatments, appearance, size, scale, bulk/mass, roofline orientation, and setbacks.
SECTION 20. Section 30.60.040 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.60.040 Nonconforming buildings, structures, walls, fences, and parking spaces.
The following provisions shall be applicable to all nonconforming buildings and structures:
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70 A. Any nonconforming building or structure that has been destroyed or damaged by natural disaster, accident, or fire beyond fifty (50) percent of its replacement cost, as determined by provisions of the Glendale Building and Safety Code, loses its nonconforming status and any reconstruction must comply with provisions of this title except as provided herein.
1. A residential building or structure damaged beyond fifty (50) percent of its replacement cost may be rebuilt in substantially the same manner and to the same square footage as previously existed. Where a residential building or structure or building containing a dwelling unit is being rebuilt, 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. A building permit must be obtained no later than two (2) years after the actual date of damage or destruction, and the building or structure must be completed pursuant to said permit.
2. Any nonconforming building or structure damaged by natural disaster, accident or fire by fifty (50) percent or less of its replacement cost, as determined by provisions of the Glendale Building and Safety Code, may be repaired.
3. The demolition of any nonconforming building or structure damaged by termites, dry rot, mold, or other natural deterioration shall be considered voluntary demolition and the rebuilding of any such building or structure shall be considered voluntary reconstruction that shall comply with the provisions of subsection B.
B. Rebuilding of any nonconforming building or structure not damaged by natural disaster, accident or fire shall be considered voluntary reconstruction and shall comply with the following:
1. A nonconforming building or structure, excluding dish antennas, may be altered or repaired as necessary for proper maintenance, altered or repaired as necessary for safety reasons or to comply with governmental regulations. For purposes of this section, alterations that include changes to location, width, depth and height in a manner consistent with this section, but not floor area, may be approved if, in the opinion of the director of community development, said alteration does not adversely impact neighboring properties. For purposes of this subsection, an adverse impact includes, but is not limited to, an impact from a design element that is incompatible with neighboring properties, or creates an unreasonable loss of access to air, light or privacy pursuant to the standards set forth in Section 30.47.040
2. A maximum of fifty (50) percent of the combined area of all the exterior walls and roof of a nonconforming building or structure can be replaced or abandoned in place in any five-year period. Any portions of exterior walls or roofs that are nonconforming with respect to any standard in this title may not be replaced or 383 of 465
71 abandoned in place and those re-built portions must be made to comply with the applicable standards in this title.
i. For purposes of this section, roof area shall be calculated as the horizontal area covering the floor area.
ii. For purposes of this section, exterior walls are those walls or portions thereof which are covered by or attached to a roof.
iii. For purposes of this section, operable doors and windows shall not be calculated as wall area. However, if the entire wall or wall segment, which contains the door and/or window openings, is to be demolished or abandoned in place, then the door and window openings shall be considered demolished or abandoned in place and calculated as wall area.
iv. For purposes of this section, walls or wall segments shall be considered to be all the area of the wall within a plane. Wall segments which are curved shall be calculated as starting and ending at the ends of the curve. v. For purposes of this section, enlargement of window or door openings shall be considered as demolishing the area by which the opening is enlarged.
Diminishment of the area of an opening shall not be considered demolition or voluntary reconstruction unless the entire wall or wall segment, which contains the opening, is to be demolished or abandoned in place.
If more than fifty (50) percent of the combined area of all the exterior walls and roof are replaced or voluntarily reconstructed, then the building loses its nonconforming status and must comply with the current zoning code, except as otherwise provided herein. Exterior wall siding and roof covering material, including sheathing and weatherproofing membrane, shall be allowed to be replaced subject to the Glendale Building and Safety Code as it exists or is hereafter amended and shall not be included in the fifty (50) percent calculation. When an enlargement of floor area occurs, the building or structure must comply with the provisions of Chapter 30.32 of this title as it relates to parking and loading areas.
3. Voluntary reconstruction of a nonconforming structure, as defined in Section
30.70.200, where replacement of the entire structure is necessary for proper maintenance, safety reasons, or to comply with governmental regulations may be permitted where the structure is rebuilt in substantially the same manner, to the same dimensions as before, and with the same materials and design elements.
C. 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. 384 of 465
72 D. Any dish antenna for which a building permit has been issued prior to March 7, 1991 shall be removed or brought into conformance with said sections by March 7, 1996. No structural alteration shall be made thereto, unless to preserve the safety of said dish antenna, or to bring the antenna into compliance with Section 30.34.050 E. Time period for removal of unlawful street front setback walls and fences.
1. All walls and fences unlawfully constructed, erected or maintained in a street front setback on or before October 19, 1999, excepting those which may be permitted under chapter 21 of this titleChapter 30.21, shall be removed, abated or legally permitted through a variance or other legal process on or before September 1, 2006, or at the time of sale of the property upon which the wall or fence is located, whichever shall first occur.
2. Notwithstanding the time period outlined in subsection E.1. above, the following walls and fences shall be removed immediately:
a. Those walls or fences constructed in whole or in part of chain-link, barbed wire, razor wire, fiberglass, chicken wire, or those which are deteriorated to the point or condition which requires reconstruction beyond regular maintenance. b. All walls or fences in the street front setback which were unlawfully constructed or erected after October 19, 1999, excepting those which may be permitted under chapter 21Chapter 30.21 of this title.
3. In the event unlawfully constructed, erected or maintained walls or fences as set forth herein are not voluntarily removed or abated, the city may use any legal remedy available to compel the removal or abatement of any such wall or fence, including but not limited to criminal prosecution pursuant to subsection 1.20.010.A. of the Code, or civil abatement.
F. A nonconforming structure may only be expanded in the IND, IMU, IMU-R and SFMU zones in compliance with the following provisions:
1. The total expansion shall not exceed twenty (20) percent of the existing gross floor area;
2. The expansion is limited to one (1) time for the full life of the structure;
3. Off-street parking for the entire area of the expansion shall be provided in full compliance with Chapter 30.124 (Parking and loading area requirements) without diminishing the existing off-street parking provided for the existing structure; and
4. The parking lot or parking structure area required to provide the required parking shall not be included within the twenty (20) percent limitation of the expansion area identified in subsection 1., above.
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73 For illustrative purposes only, the following example would comply with the expansion provisions of this subsection:
Existing structure: Five thousand (5,000) square feet.
Maximum permitted structure expansion: One thousand (1,000) square feet.
Minimum number of additional off-street parking spaces required within the IND zoning district (to be provided at a ratio of one (1) parking space for each five hundred (500) square feet of gross floor area): Two (2).
G. A parking space that is nonconforming in terms of size shall continue to be recognized as a parking space provided the space meets the minimum dimensions specified in the Code at the time the spaces became required. Spaces that were provided at a time prior to parking spaces being required in the Code shall be considered as parking spaces provided they are at least eight (8) feet wide by eighteen (18) feet deep. In order to be considered as legal parking, the smallest one-car garage must have minimum interior dimensions of eight (8) feet wide by eighteen (18) feet deep with a minimum eight-foot wide garage door opening and the smallest two-car garage must have minimum interior dimensions of sixteen (16) feet wide by eighteen (18) feet deep with a minimum 16-foot wide garage door opening.
SECTION 21. Section 30.70.200 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.70.200 Definitions, “S”.
The following definitions are in alphabetical order:
School, physical training instruction “School, physical traininginstruction” means an institution or business offering training in physical development and sports, including, but not limited to, yoga studios, pilates studios, and martial arts studios.
School, private “School, private” means an educational institution other than a public school which offers instruction in the several branches of learning and study required to be taught in the public schools.
School, private specialized education and training “School, private specialized education and training” means an institution offering specialized and vocational training, including, but not limited to, cooking, art and music schools.
School, public “School, public” means an institution of learning operated by a public body which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
Semi-subterranean “Semi-subterranean” means that portion of a building having a finished floor level or roof level directly above it which does not exceed four and one- 386 of 465
74 half (4½) feet above grade. Diagram D-9, which follows [at the end of this chapter] and is made a part of this chapter, shall be illustrative of the meaning of “semi- subterranean.”
Senior housing “Senior housing” means a development consisting of dwelling units, in which each unit is restricted for occupancy by at least one (1) person in each household who is sixty-two (62) years of age or older, or fifty-five (55) years or older if the development consists of thirty-five (35) units or more.
Service area “Service area” means a geographic area served by a single wireless telecommunications facility.
Service network “Service network” means a wireless telecommunications transmission system operated by a service provider in a community or jurisdiction.
Service station, automobile “Service station, automobile” means a place of business where motor vehicle fuel is sold to the general public. Other activities permitted may include the sales of related goods and services for motorists, or performance of maintenance and minor repairs to vehicle excluding body work, painting or washing of vehicles.
Setback “Setback” means the minimum distance required between a property line and building or structure measured perpendicular from the property line. The setback for swimming pools and spas shall be measured from the edge of the water line for below surface pools and from the nearest point of the structure for above surface pools.
Diagram D-10, which follows [at the end of this chapter] and is made a part of this chapter, shall be illustrative of the meaning of “setback.” Setback, interior “Setback, interior” means the minimum distance required between a building or structure and any property line which does not abut a street. Dedication areas taken for driveway apron purposes are excluded from setback measurement.
Setback, street front “Setback, street front” means the minimum distance required between a building or structure and the front property line. Dedication areas taken for driveway apron purposes are excluded from setback measurement.
Setback, street side “Setback, street side” means the minimum distance required between a building or structure and any property line which abuts a street other than the front property line. Dedication areas taken for driveway apron purposes are excluded from setback measurement.
Shopping cart “Shopping cart” means any basket of any size, mounted on wheels or a similar device, including parts thereof, provided by the store operator for the purpose of transporting goods of any kind within a business establishment or designated parking or loading area of that business establishment.
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75 Signs “Signs” means as defined in Chapter 30.33.
Slope, average current “Slope, average current” means the gradient in percent of the current land before any current grading or other terrain modification is commenced. The average slope of a parcel of land or any portion thereof shall be computed by applying the formula
S = 0.00229 .IL / A
to the current slope of the land, as determined upon accurate topographic surveys using a contour interval no greater than two (2) feet, and a horizontal map scale of one (1) inch equals one hundred (100) feet or larger, Such maps and calculations shall be certified by a registered civil engineer or licensed land surveyor as to their accuracy.
The letters in this formula shall have the following significance:
S = Average percent current slope
I = Contour interval, in feet
L = Summation of length of contour lines within the boundary of the project, in feet A = Gross area of the project, in acres.
Solar energy equipment “Solar energy equipment” means a solar panel, array of solar panels, solar panel mounting structures including footing and rail assemblies, plumbing and wiring associated with solar panels, inverters, meters, controllers, and solar energy system batteries.
Solar panel “Solar panel” means a solar photovoltaic panel for electricity generation or a solar panel for water heating.
Soundstages (production) “Soundstages (production) means warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.
Spas and swimming pool, sales and service “Spas and swimming pool, sales and service” means stores that sell supplies associated with the care of spas and pools and where service is provided primarily on the premises of their clients.
Stable, private “Stable, private” means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. Stable shall be completely enclosed on all sides with the exception of doors, windows, skylights and other ventilating apertures.
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76 Storage, personal facilities “Storage, personal facilities” means a building or group of buildings containing generally small, individual, compartmentalized stalls or lockers rented to the public as individual storage spaces.
Storage, outdoor facility “Storage, outdoor facility” means the storage of new or used materials, except junk and does not include storage of inoperable vehicles.
Story “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. A basement, cellar, parking garage or unused underfloor space shall not be considered a story if three (3) feet or less above grade, Diagram D-11, which follows [at the end of this chapter] and is made a part of this chapter, shall be illustrative of the meaning of “story.” Street, future “Street, future” means an area designated on a map as a “future street” which is proposed to be used as a new or enlarged pu1blic right-of-way at some time in the future as may be necessary to provide access to certain property or as may be necessary to provide for adequate street widths.
Street, private “Street, private” means a thoroughfare approved by the city council as an undedicated private street and posted as a private street.
Street, public “Street, public” means any public thoroughfare other than an alley, walk, or limited access highway; the side lines of the right-of-way constitute the side lines of a street.
Structure “Structure” means anything constructed, for which a permit is required and has a foundation but no roof. “Structure” does not include fences and walls.
Subterranean “Subterranean” means a building which is completely below grade or that portion of the enclosed floor area of a building having a top of slab level or roof level directly above it which does not exceed grade along the entire perimeter of such floor space level.
Supermarket “Supermarket” means any retail establishment with twenty thousand (20,000) square feet of floor area or greater which sells fresh meat, fresh vegetables and fresh fruit.
Supportive housing “Supportive housing” means a residential use with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite support services that assist the resident in retaining housing, living independently, working in the community and improving his or her health status. No services are provided to nonresidents.
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77 SECTION 22. Pursuant to the California Environmental Quality Act, the City Council hereby finds that the proposed amendments to the Zoning Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3) and 15061(b)(3) because the project involves minor changes to land use regulations which do not result in any changes in land use or density, and because there is no possibility that the project may have a significant effect on the environment.
SECTION 23. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 24. Pipeline Provisions. Development applications which have been deemed complete, approved discretionary entitlements, or ministerial projects submitted to plan check prior to the adoption of this ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director of Community Development that their application be reviewed under the zoning rules and regulations as amended by this ordinance.
SECTION 25. Effective Date; This ordinance becomes effective on the thirtieth (30th) day after its passage.
Passed and adopted by the Council of the City of Glendale on the _______ day of ________, 2024.
_________ _____________________
M a y o r
Attest
___________________________________
City Clerk
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS.
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78 CITY OF GLENDALE)
I, DR. SUZIE ABAJIAN, City Cle rk of the City of Glendale, California, certify that the foregoing Ordinance No. ______________ was passed and adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the ______ day of _______________, 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
C i t y C l e r k
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MOTION
Moved by Planning Commissioner Minassian, seconded by Planning Commissioner Fuentes, that upon consideration of the proposed ordinances, and after reviewing the applicable CEQA exemption outlined in the Planning Commission staff report dated February 21, 2024, as well as the records, files, reports, and all documentary evidence submitted with regard to said Case No. PZC-0004-2023 to amend Title 30 of the Glendale Municipal Code, 1995, relating generally to design review, entitlement processes, parking requirements for certain uses, and miscellaneous zoning code clean ups, the Planning Commission hereby recommends that the City Council adopt the ordinance amending Title 30 as presented.
Adopted this 21st day of February, 2024.
VOTE AS FOLLOWS
Ayes: Chraghchian, Fuentes, Minassian, Shahbazian
Noes: None
Absent: Lee
Abstain: None
Exhibit 1
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EXHIBIT 2
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9b
AGENDA ITEM
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
Report: Public Hearing to Consider Making Findings of Violation of GMC Chapters
15.20 and 30.25 stemming from the Unpermitted Demolition of a Historic Resource at 1239 N. Everett Street, to Consider Issuance of Penalties, and to Authorize Recordation of Instrument Imposing Covenants Memorializing the Penalties.
1. Resolution Adopting Findings of Violation of GMC Chapters 15.20 and 30.25 as a Result of Unpermitted Demolition of a Historic Resource located at 1239 N. Everett Street, Imposing Penalties, and Authorizing an Instrument Imposing Covenants Memorializing Said Penalties be Recorded.
COUNCIL ACTION
EXECUTIVE SUMMARY
In October 2023, a 1925 Spanish Colonial Revival-style single-family residence (“House”) owned by Akop Adamian (“Owner”) located at 1239 N. Everett Street (“Property”) was largely demolished without the City-approved demolition clearance or demolition permit required by GMC Sections 15.22.040 and 30.25.060). The House was identified as a contributor in the draft historic resource survey for the pending Bellehurst Historic District dated July 2023.
GMC section 15.20.090(C) authorizes the City Council to conduct a public hearing to consider evidence of unpermitted complete or partial demolition of a historic resource in violation of Chapter 15.20, to impose penalties stemming from the violation(s), and to authorize recordation of an instrument imposing covenants on a property where the complete or partial demolition of a contributing or non-contributing building occurred in a designated or pending historic district overlay zone occurred without approval of a demolition clearance and issuance of a demolition permit pursuant to GMC Chapter
15.22. RECOMMENDATION
Item Type: Public Hearing
Approved forApril 16, 2024 calendar
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That the City Council conduct the public hearing and make findings in support of a determination that GMC Chapters 15.30 and 30.25 were violated, and based thereon staff is recommending the Council impose appropriate penalties pursuant to GMC section 15.20.090, which include:
•A Three-Year Construction Moratorium: No building or construction related permits be issued for the property upon which the demolition took place for a period of three years from the date of demolition. (GMC §15.20.090(C)); •Property Maintenance: The property be maintained in such a manner so as to not constitute a public or private nuisance, or otherwise violate chapter. The property shall be maintained in a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation. Living vegetation, including trees and shrubs, shall be retained and fully maintained, including necessary watering and trimming, during the construction prohibition period. Living grasses and groundcovers shall also be retained and fully maintained and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion. All grasses and groundcovers shall not exceed an overall height of six inches. Additionally, vehicles of any type shall not be parked or stored on the property and no remunerative use of any kind shall be allowed. (GMC §15.20.090(D)); and either
•Limitations on New Development (Complete Demolition): Any new construction following the expiration of the moratorium be within the same footprint, height, and square footage as the house that was demolished (GMC §15.20.090(E)); or •Reconstruction of Historic Features (Partial Demolition): The missing features shall be reconstructed and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance. In the event that aspects of the original feature(s) cannot be discerned through documentary and/or physical evidence, the director of community development shall determine the preferred method of reconstruction or replacement. (GMC §15.20.090(F)).
ANALYSIS
Background
In 2022, project architect, Nareg Khodadadi (the “Architect”) brought a proposal to Planning Division to build a 692 square foot addition at the rear of the House and to demolish the detached garage and build a new garage further to the rear of the lot (Exhibit 1: 2022 Drawing Set for House Addition). During a conversation on April 25, 2022, Senior Planner Vista Ezzati informed the Architect that the House was located within a pending historic district and that Jay Platt, the City’s preservation planner, would therefore be involved in the design review. Ms. Ezzati also informed the Architect that the work would need to conform to the Historic District Design Guidelines to ensure the Property’s contributing status was maintained. Based on this conversation, on April 29, 2022 the Architect submitted plans showing that the front and side façades would be 398 of 465
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retained, including the stucco-clad walls, the clay tile roofs at the front of the house and the flat roof and clay tile parapet caps at the rear, and that the window openings, and the front entry would be retained. The plans also showed that the rear wall would be demolished to allow for the addition. (Exhibit 2: April 29, 2023 Architect’s Plans). Staff agreed to allow the deteriorated wood windows to be replaced with new fiberglass windows closely matching the originals, but otherwise, the House was required to retain its original materials and overall appearance, as seen from the street. As part of the plan check process, Planning staff reviewed the plans for design and zoning code compliance and issued a staff-level design review exemption in April 2023.
On May 26, 2022, the Architect submitted plans into plan check, and Building and Safety staff issued a building permit for the rear addition and new garage on June 15, 2023. (Exhibit 3: Building Permit No. BCB2207949). There were two (2) notes placed on the cover page of the approved drawing set. The Architect included the first note, and Planning added the second note as follows:
“In accordance with GMC 30.60.040.2 if demolition of the existing outside walls and roof area exceeds 50% during construction, the building loses its nonforming [sic] status and must be brought into compliance with the current zoning code. This may include and must be brought into compliance with the current zoning code, this may include, but is not limited to, requires [sic] setback, parking, and historic preservation commission/design review board approval.”
“This plan has been given a Historic Preservation Commission/Design Review Board Exemption, no filed changes to the exterior will be allowed unless a plan revision is first approved by the Planning Division. Any changes without prior approval are at the owner’s/builder’s risk and will be corrected prior to occupancy.”
On October 19, 2023, a Glendale resident alerted Community Development Department staff about the demolition of most the 1925 Spanish Colonial Revival-style single family residence (“House”) located at 1239 N. Everett Street (“Property”). The demolition work appears to have occurred shortly before the reporting date. The House was identified as a contributor to the pending Bellehurst Historic District in the July 2023 draft historic district survey (Exhibit 4 : ASM Affiliates, draft DRP523a survey form). The City’s preservation planner, Jay Platt, reviewed the survey materials and supports the determination that the House is a contributor to the pending Bellehurst Historic District.
Based on the tip, Planning and Building and Safety division staff visited the Property on the October 19, 2023, and documented that an unpermitted demolition had occurred, observing that the entire front (east) façade and almost all of the side facades were removed down to the floor deck. The photographic record also shows the roof and roof framing were demolished and that only a portion of the chimney, on the south side façade, and a few framing studs remained at the north side façade (Exhibit 5: Staff Photographs). New construction for the City-approved rear addition was partially 399 of 465
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completed. On the same day, the Building and Safety Division issued a Stop Work Notice to the Owner. (Exhibit 6: Stop Work Notice).
Based on the unpermitted demolition, on November 1, 2023, the Building Official issued a Notice of Intent to Revoke all permits issued for 1239 N. Everett Street, including the House remodel (new windows and interior work), the addition, and the new garage. (Exhibit 7: Notice of Intent to Revoke)
On November 14, 2023, City Attorney’s Office and Planning staff held a teleconference with the Owner, his attorney Steven A. Simons, and the Architect. The meeting goal was to determine the facts surrounding the demolition and whether there were any extenuating circumstances. The Owner’s team stated that the contractor or the contractor’s crew inadvertently or accidentally demolished the House. In response to questions, the Owner’s team indicated that material from the demolition was still on-site and in the dumpster. Mr. Platt visited the Property that same day and found that a small amount of demolished material remained on site, including the railings from the front steps, some framing lumber, and broken pieces of stucco and roof tile. However, there was no dumpster at the site and a dump truck in the driveway was completely empty and clean, indicating that the vast majority of demolished material had been removed.
Based on the onsite conditions observed by staff soon after the demolition, and the apparent precision with which the demolition occurred, it is staff’s assessment that the demolition could not have been inadvertent or accidental as alleged. First, the observational and photographic evidence demonstrates that the Owner or his agent (i.e., his contractor/worker) removed the original walls and roof and re-used some of the historic lumber in a manner that disguised the demolished walls, or at least a portion of the walls. In staff’s opinion, this act supports a conclusion that the Owner or his agent knew the demolition was beyond the scope of approved work, and that there was a subsequent effort to reverse the extent of the demolition. Ultimately, responsibility for the Project rests with the Owner, Architect or his agent. Second, Community Development Department staff has personal knowledge that the Architect has been involved in numerous past projects involving historic properties, and is familiar with the City’s regulations regarding such properties. Moreover, the Owner and Architect were specifically aware of the House’s historic resource status and were responsible to ensure its maintenance and preservation. On November 15, 2023, the day after the teleconference, the Building Official revoked the Building Permits. (Exhibit 8: Building Permit Revocation Letter).
Glendale Demolition Deterrence Ordinance for Historic Resources On May 14, 2019, City Council adopted Ordinance No. 5931 to provide robust penalties intended to deter unpermitted demolition of historic resources. The Council had requested adoption of a demolition deterrence ordinance in response to the February 2018 illegal demolition of an intact 1908 Craftsman style house at 1420 Valley View Road.
Prior to the 2019 ordinance, the City was limited to penalizing owners of Glendale 400 of 465
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Register-listed properties - a small subset of the city’s known historic resources.
Ordinance No. 5931 expanded the coverage to include contributors and non- contributors in designated and pending historic districts, along with certain properties identified in city-commissioned historic resource surveys. (Exhibits 9 and 10: GMC
30.25.060 and 15.20.090). The House at 1239 N. Everett was identified as a contributor to the pending Bellehurst Historic District and is therefore a property type to which the demolition deterrence ordinance applies.
GMC 30.25.060(C) states that:
In the event any contributing or non-contributing building in a designated or pending historic district overlay zone is completely demolished or partially demolished without approval of a demolition clearance and issuance of a demolition permit pursuant to Chapter 15.22 of this Code, all provisions of Section 15.20.090 of this Code may apply.
Here, neither the Owner or Architect applied for the required demolition clearance or a demolition permit before the demolition of the House occurred. The City Council is therefore authorized to conduct a public hearing and decide what penalties to impose based on GMC section 15.20.090. As stated above, staff recommends the Council impose all the requested penalties including for complete demolition.
This is the first case in which the demolition deterrence penalties approved in 2019 are applicable. Staff recommends imposition of the GMC authorized penalties to ensure effective deterrence of the illegal demolition of historic resources. Doing so will make sure property owners, and the development and architectural community know that Glendale is serious about protecting its historic resources and does not condone the actions of those who violate the law.
City Council may choose to invoke the recommended penalties set forth in the Executive Summary, GMC §15.20.090 (C)-(F) (Enforcement and Penalties) and any or all of the following additional penalties:
•The City Attorney’s Office may file misdemeanor charges against the violator pursuant to GMC 1.20.010. (GMC §15.20.090(A));
•The City Attorney’s Office may request authorization to commence civil litigation and seek issuance of civil penalties, costs of investigation, and/or a temporary or permanent injunction through a civil action. (GMC §15.20.090(B)(1-3)); It is important to note when considering the imposition of penalties that when the demolition deterrence ordinance was adopted in 2019, staff anticipated that a “complete demolition” would remove “all of the above-grade portions” of a building. Here, 401 of 465
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everything but the foundation and floor joists were demolished; it is essentially a complete demolition because no “character defining features” remain that can be “reconstructed, repaired and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance.” There is no way to know if the foundation and finish-floor would have also been demolished had the city not been tipped off when it was.
As indicated above, although the Owner’s team represented that the original demolition materials were still available post-demolition, in fact, the construction debris truck/dumpster was emptied, thus reconstruction, repair or replacement of original materials would be difficult to determine even if documentary evidence were available.
These facts weigh toward treating this demolition as “complete” as opposed to partial, and if treated as a “complete demolition”, then any new building would not necessarily have to look like the one that was demolished. The new building would instead maintain the same massing and placement on the lot but could have a different appearance than the historic house. (GMC §15.20.090(E)).
The definition for a “partial demolition” involves “the removal, alteration, or destruction of one or more character-defining features.” Staff anticipated this definition applying to smaller-scale demolitions in which specific historic features or portions of a building might be removed while the majority of the structure remained intact. Here, the stucco wall cladding, windows, and clay tile roofs and parapet caps that were “character- defining features,” are completely gone. If treated as a “partial demolition” reconstruction of the house in its previous form is required in order to closely matching its original appearance. (GMC §15.20.090(F)). Without original materials and precise historic documentation of same reconstruction would certainly venture into speculation as to how to “closely match its original appearance.”
City Council is requested to examine the evidence to determine whether the demolition was “complete” or “partial.” The Council has the discretion to invoke the penalties associated with either alternative as applicable according to its findings. Regardless of the choice, a future proposal for a new house will undergo environmental review, and review by the Historic Preservation Commission to ensure compliance with the Historic District Design Guidelines and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from CEQA as a Class 8 (“Actions by Regulatory Agencies for Protection of the Environment”) and Class 21 (“Enforcement Actions by Regulatory 402 of 465
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Agencies”) categorical exemption pursuant to Sections 15308 and 15321 of the State CEQA Guidelines.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
1. City Council can choose to impose some, but not all, of the demolition penalties established in GMC section 15.20.090.
2. City Council can choose not to impose any of the demolition penalties established in GMC section15.20.090.
3. City Council can choose an option not identified by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Prepared by:
Jay Platt, Principal Planner
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS
Exhibit 1: 2022 Drawing Set for House Addition
Exhibit 2: Architect’s Plans (April 29, 2023)
Exhibit 3: Building Permit BCB2207949
Exhibit 4: Draft DPR 523 Form for 1239 N. Everett Street, ASM Affiliates Exhibit 5: Photographs
Exhibit 6: Stop Work Notice and Letters from Building Official and attachments thereto Exhibit 7: Notice of Intent to Revoke
Exhibit 8: Building Permit Revocation Letter
Exhibit 9: Text of GMC 15.20.090
Exhibit 10: Text of GMC 30.25.060
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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA ADOPTING FINDINGS OF VIOLATION OF GLENDALE
MUNICIPAL CODE CHAPTERS 15.20 AND 30.25 AS A RESULT OF THE
UNPERMITTED DEMOLITION OF A HISTORIC RESOURCE LOCATED
AT 1239 N. EVERETT STREET AND IMPOSING PENALTIES IN
CONNECTION THEREWITH
WHEREAS, GMC section 15.20.090(C) authorizes the City Council to conduct a public hearing to consider evidence of unpermitted complete or partial demolition of a historic resource in violation of Chapter 15.20, to impose penalties stemming from the violation(s), and to authorize recordation of an instrument imposing covenants on a property where the complete or partial demolition of a contributing or non-contributing building occurred in a designated or pending historic district overlay zone occurred without approval of a demolition clearance and issuance of a demolition permit pursuant to GMC Chapter 15.22; and
WHEREAS, the 1925 Spanish Colonial Revival-style single-family residence (“House”) located at 1239 N. Everett Street (“Property”) was identified as a contributor in the draft historic resource survey for the pending Bellehurst Historic District dated July 2023 and is therefore determined to be an historic resource; and WHEREAS, in October 2023, the House at the Property was demolished without the City-approved demolition clearance or demolition permit required by Glendale Municipal Code (GMC) Sections 15.22.040 and 30.25.060); and WHEREAS, on April 2, 2024, the City Council conducted a hearing, and received testimony, reviewed documentary records, including but not limited to the April 2, 2024 staff report and all its exhibits, and materials presented at the hearing documenting the unpermitted demolition of the House, an historic resource; and WHEREAS, based on hearing and reviewing all the evidence in connection with the demolition of the House at 1239 N. Everett, and following deliberation, the City Council finds and determines that the demolition of the House at the Property was complete and that such demolition violated GMC sections 15.22.040 and 30.25.060.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA THAT:
1. The recitals herein above are findings incorporated herein and are relied upon as factual support for the determination that the House at the Property was a complete demolished in violation of GMC sections 15.22.040 and
30.25.060.
2. The Council’s determination that the demolition on the Property was complete is also based on the following facts:
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a. The photographic record presented at the hearing established that on October 19, 2023, the roof and roof framing were demolished and that only a portion of the chimney, on the south side façade, that a few framing studs remained at the north side façade, and that the entire front (east) façade and almost all of the side facades were removed down to the floor deck.
b. That on November 14, 2023, based on inspection by City staff, the demolition materials from the House that were alleged to remain at the Property in a dumpster had been in fact removed, and that only a scant amount of demolition material remained on the Property. c. That due to the extent of demolition and removal of original demolition materials, reconstruction as a penalty option for a partial demolition outlined in GMC section 15.20.090(F) cannot be realistically considered, and on that basis the demolition is considered complete.
3. Based on the findings of violation, Council hereby imposes the following penalties pursuant to GMC section 15.20.090:
a. GMC §15.20.090(C): Imposition of a Three-Year Construction Moratorium: No building or construction related permits shall be issued for the Property upon which the demolition took place for a period of three years commencing on October 19, 2023 (“Construction Prohibition Period”), which is the date Community Development staff visited the site, documented the demolition, and obtained actual knowledge of the demolition.
b. GMC §15.20.090(C): Recordation of an Instrument Imposing Covenants. In connection with the Construction Prohibition Period the City shall record an instrument imposing covenants on the Property with the County of Los Angeles that memorializes the time period during which permit issuance is prohibited.
c. GMC §15.20.090(D): Property Maintenance Required: During the Construction Prohibition Period, the Property shall be maintained so as to not constitute a public or private nuisance, or otherwise violate Chapter 15.20. Specifically, the Property shall be maintained:
i. In a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation.
ii. With living vegetation, including trees and shrubs, which living vegetation shall be retained and fully maintained, including receiving necessary watering and trimming, during the
construction prohibition period.
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iii. With living grasses and groundcovers and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion. All grasses and groundcovers shall not exceed an overall height of six inches. Additionally, vehicles of any type shall not be parked or stored on the property and no
remunerative use of any kind shall be allowed.
4. (GMC §15.20.090(E): Limitations on New Development (Complete Demolition): Any new construction following the expiration of the Construction Prohibition Period be within the same footprint, height, and square footage as the house that was demolished.
APPROVED AND ADOPTED this _______ day of ________________, 2024. _________________________________
Mayor
ATTEST:
_______________________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., Clerk of the City of Glendale, certify that the foregoing Resolution No. ________________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ____________________, 2024, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________________
City Clerk
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DPR 523A (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI #
Trinomial
NRHP Status Code 5D3
Other Listings
Review Code Reviewer Date
P1. Other Identifier: #
*P2. Location: Not for Publication Unrestricted
*a. County: Los Angeles and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5’ Quad
c. Address 1239 N Everett St. City Glendale Zip 91207 d. UTM: (give more than one for large and/or linear resources) Zone 11 mE/ mN e. Other Locational Data: (e.g. parcel#, directions to resource, elevation, etc.)
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) 1239 N Everett St. was constructed in 1925 as a 1-story Spanish Colonial Revival house. 1239 N Everett St. exhibits the following architectural features:
• Square-form, single -family residence with an asymmetrical main facade • Low pitch, U shaped red clay tile, flat roof
• Medium textured stucco exterior cladding
• Poured concrete foundation
• Narrow projecting eaves
• Recessed porch on the main facade
(continued on p. 2)
*P3b. Resource Attributes: (List attributes and codes) HP2. Single -family property *P4. Resources Present: Building Structure Object Site District Element of District Other (Iso lates, etc.) P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.)
P5b. Description of Photo: (view, date, accession#)
Main façade; view toward east
Feb 9, 2023
*P6. Date Constructed/Age and Source:
Historic Prehistoric Both
1925
LA County Assessor
*P7. Owner and Address:
*P8. Recorded by: (Name, affiliation, and address)
Laura Voisin George
ASM Affiliate s
20 N. Raymond Ave. Suite 220
Pasadena, CA 91103
*P9. Date Recorded: Feb 9, 2023
*P10. Survey Type: (Describe) Pedestrian historic district survey
*P11. Report Citation: ASM Affiliates, Inc. 202 3. Bellehurst Historic District Survey Report . Prepared for City of Glendale .
*Attachments: NONE Location Map Sketch Map Continuation Shee t Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling S tation Record Rock Art Record 432 of 465
DPR 523A (1/95) *Required Information
Artifact Record Photograph Record Other (List):
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DPR 523L (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
*Resource Name or # (Assigned by recorder) 1239 N Everett St.
Recorded by: Laura Voisin George , ASM Affiliates Date: Feb 9, 2023
*P3a. Description: (continued from p. 1)
Exterior architectural features continued:
• Single wood doors with glass inset
• Fixed and casement (latch) wood windows
• Bullnose profile and n arrow trim wood window surrounds • Wood window surrounds
• Projecting viga s
• Attic vents
• Driveway Extends to rear/detached garage
• Driveway composed of large sections of concrete
• Detached garage with lift -up garage door
• Garage designed in same style as house
• Front yard landscaping features grass and paved pedestrian walkways • Overall, the house is in Fair condition.
Exterior alterations include:
• No visible alterations since year built
1239 N Everett St. exhibits the following character -defining features o f Spanish Colonial Revival style:
• one story
• asymmetrical
• red clay tile roof
• low pitched roof
• multiple roof lines
• rough or patterned stucco
• wood windows
• divided light windows
• arched openings
As 1239 N Everett St. is a single -family residence constructed during the period of significance in one of the architectural styles for which the district is eligible and retains sufficient overall integrity, it is considered a contributing resource to the Bellehurst Historic D istrict.
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DPR 523I (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PHOTOGRAPHIC RECORD
Primary #
HRI #
Trinomial
*Resource Name or # (Assigned by recorder) 1239 N Everett St.
Recorded by: Laura Voisin George , ASM Affiliates Date: Feb 9, 2023
Photo 1. Oblique view toward southeast
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DPR 523I (1/95) *Required Information
Photo 2. Oblique view toawrd northeast
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DPR 523I (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PHOTOGRAPHIC RECORD
Primary #
HRI #
Trinomial
*Resource Name or # (Assigned by recorder) 1239 N Everett St.
Recorded by: Laura Voisin George , ASM Affiliates Date: Feb 9, 2023
Photo 3. Detail of front entrance area
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Exhibit 4
Photographs – 1239 N. Everett Street
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MLS Real Estate Photos
2023
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MLS Real Estate Photos
2023
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Neighbor Photos – Demo in Progress
October 19, 2023
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Neighbor Photos – Demo in Progress
October 19, 2023
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Planning Staff Photos
November 14, 2024
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Planning Photos
November 14, 2023
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Planning Photos
November 14, 2023
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Planning Photos
November 14, 2023
Salvaged original framing
lumber (left) and apparent
reuse of salvaged lumber
(right)
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Planning Photos – most debris removed from site
November 14, 2023
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MLS photo – 2023
former open porch had been converted
into sunroom at some time after original
construction
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October 19, 2023 afternoon (neighbor photo) – day of Stop Work Order October 19, 2023 evening (Planning photo)
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November 14, 2023 – Planning photos – shortly after meeting with applicants 450 of 465
Building Inspector photo - day after meeting with applicants November 15, 2023
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§ 15.20.090. Enforcement and penalties.
A. A violation of any provision of this chapter is expressly prohibited and is punishable as a misdemeanor pursuant to Section 1.20.010 of this code.
B. In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the city. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other civil or criminal remedies. The remedies provided for herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, any or all of the following remedies:
1. A temporary or permanent injunction, or both;
2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and
3. Assessment of the violator of civil penalties pursuant to Chapter 1.24.
C. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, a potential historic resource, or a protected interior is completely or partially demolished in violation of this chapter, as a penalty no building or construction related permits shall be issued for the property upon which the demolition took place for a period of three years from the date of demolition. Said penalty shall be issued and enforced either by the city council following a public hearing, or by a civil action filed by the city attorney and adjudicated by a court of competent jurisdiction. The city shall also record an instrument imposing covenants on real property with the county of Los Angeles that memorializes the time period during which permit issuance is prohibited. A demolition shall be presumed to have occurred on the date the city had actual knowledge of the demolition.
D. In addition to any other remedies provided herein, any property that remains undeveloped pursuant to subsection C shall be maintained in such a manner so as to not constitute a public or private nuisance, or otherwise violate the chapter. The property shall be maintained in a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation. Living vegetation, including trees and shrubs, shall be retained and fully maintained, including necessary watering and trimming, during the construction prohibition period. Living grasses and groundcovers shall also be retained and fully maintained and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion.
All grasses and groundcovers shall not exceed an overall height of six inches.
Additionally, vehicles of any type shall not be parked or stored on the property and no remunerative use of any kind shall be allowed.
City of Glendale, CA
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( Ord. 5110 § 17, 1996; Ord. 5784 § 14, 2012; Ord. 5931 § 7, 2019) E. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or a potential historic resource is completely demolished in violation of this chapter, any new building(s) or structure(s) proposed for construction on the site after the expiration of the construction permit ban set forth in subsection C shall be limited to the same footprint, height, and square footage as the demolished building(s) or structure(s).
The foregoing notwithstanding, the director of community development shall have discretion to allow deviations from this provision to cure prior nonconforming conditions and to make changes that would benefit the community in order to achieve compliance with the design review guidelines and with this chapter. In the event the owner of a designated historic resource, a resource pending designation as a historic resource, or a potential historic resource that was completely demolished applies to subdivide the property into two or more lots, and proposes to build two or more buildings or structures, after the expiration of the construction permit ban set forth in subsection C, the application shall be considered under the city's subdivision code; provided, however, at least one of the structures shall be limited to the same footprint, height and square footage as the demolished building(s) or structure(s). The design of the remaining one or more structure(s) shall be considered based on the city's design review standards and guidelines.
F. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, a potential historic resource, or a protected interior is partially demolished through removal of one or more character-defining features in violation of this chapter, the missing features shall be reconstructed and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance. In the event that aspects of the original feature(s) cannot be discerned through documentary and/or physical evidence, the director of community development shall determine the preferred method of reconstruction or replacement.
City of Glendale, CA
§ 15.20.090 § 15.20.090
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§ 30.25.060. Demolition clearance and demolition permit required for demolition of contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones.
( Ord. 5399 Attach. A, 2004; Ord. 5585 § 9, 2007; Ord. 5931 § 11, 2019; Ord. 5949 § 37, 2020)
A. No person shall completely demolish a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone without obtaining approval of a demolition clearance and a demolition permit, pursuant to Chapter 15.22 of this code.
B. In the case of an approval of a demolition of a contributor to a designated historic district overlay zone, the director of community development shall amend the historic resource survey for the district to update the record for the property.
C. In the event any contributing or non-contributing building in a designated or pending historic district overlay zone is completely demolished or partially demolished without approval of a demolition clearance and issuance of a demolition permit pursuant to Chapter 15.22 of this code, all provisions of Section
15.20.090 of this code may apply. In the case of a property in a pending historic overlay zone for which a historic resource survey has not been submitted by a consultant retained by the city and meeting the Secretary of the Interior’s Professional Qualification Standards, the director of community development shall, as required to establish the applicability of the various enforcement provisions of Section 15.20.090, determin e whether the property is a contributor or a non- contributor to the pending historic district overlay zone and, for a property determined to be a contributor, identify its character defining features. These determinations are rebuttable presumptions and shall be based on the information included in the historic district application under consideration by the city and any additional information or materials as may be necessary for a complete review.
City of Glendale, CA
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