1 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GLENDALE, CALIFORNIA, ADDING CHAPTER 30.38 ENTITLED
“MURALS”, REPEALING SECTION 30.33.230, AND AMENDING SECTIONS
2.12.030, 30.33.020, 30.40.010, 30.40.020, 30.41.050, 30.47.020, 30.47.030,
30.47.040, 30.47.050, 30.47.070, 30.47.075, 30.47.090, AND 30.61.010 OF THE GLENDALE MUNICIPAL CODE, 1995
(CASE NO. PZC-0018-2026)
WHEREAS, art in public places is an essential element of the City of Glendale's quality of life, contributing to what makes Glendale a special place to live, work, and shop; and
WHEREAS, the City has an interest in encouraging original art in the form of murals on public and private buildings as an investment in cultural capital to create tourist interest points, and to develop community identity and to serve the public interest by eradicating blight created by large blank walls that are sometimes the target of vandals; and
WHEREAS, the City’s permit process for allowing a mural is intended to allow murals on public and private buildings on a content-neutral basis while ensuring compliance with time, place and manner requirements such as size, location, structural integrity, and safety rules; and
WHEREAS, selection of murals will be based on input from the Arts & Culture Commission so as to enhance relevance of a proposed mural to the proposed location, to ensure maintenance obligations can be fulfilled, to ensure no financial burdens are placed on the City and the community, and to identify locations where murals will create and enhance the City’s identity and sense of place; and WHEREAS, this Ordinance establishing a mural permitting process is consistent with the mission of the Arts & Culture Commission, the policies of the Library, Arts & Culture Department, and the City of Glendale’s desire to encourage artistic expression throughout the City of Glendale; and
WHEREAS, the mural ordinance will be administered by the Library, Arts & Culture Department, and is in the vital and best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
2 SECTION 2. Section 2.12.030 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
2.12.030 Library, arts and culture department—Director generally—Fees for special services.
A. The office of director of library, arts and culture is created. For the purposes of this chapter, the director of library, arts and culture shall be the head of the library, arts and culture department and shall be an officer of the city.
B. The library, arts and culture department may charge fees for specialized services that it provides. The type of services and initial amount or rate of such fees to be paid to the city as provided in this section shall be established by resolution of the city council. Modification of any such fees may be made once annually by the director of library, arts and culture with the written approval of the city manager where the costs for such services make it appropriate. The schedule for such fees shall remain on file and be available in the central library, arts and culture administration office.
C. The library, arts and culture department may promulgate mural program policies, guidelines, and implementation procedures for purposes of implementing the regulations set forth in Chapter 30.38.
SECTION 3. Section 30.33.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.33.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
“Accessory sign”
means any sign which carries advertisement incidental and related only to the primary use of the premises or site on which it is located, including signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the premises by either the owner, occupant or developer of the premises or site. “Advertising structure”
means a sign structure.
“Animated sign”
means a sign which is designed and constructed to give a message through a sequence of progressive changes of parts by either action or motion, flashing or color changes requiring electrical or manual energy. When an animated sign is permitted as a creative sign, it shall not contain a video screen displaying advertising content in 3 animated or motion picture form or have a changing display/message formed by the selective illumination of an array of individual light bulbs or light emitting diodes (LEDs) displaying text and/or graphic images.
“Area of a sign”
means the entire area within a single continuous perimeter as measured pursuant to Section 30.33.120, which encloses the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, picture, insignia, logogram, surface or space of a similar nature, together with any frame, background area of sign, structural trim or other material, color or condition which forms an integral part of the display, excluding the necessary supports or uprights on which such sign is placed.
“Awning”
means a permanent or temporary structure attached to and wholly supported by a wall of a building and installed over and partially in front of doors, windows or other openings in a building and consisting of a frame and a top of canvas or other similar material covering the entire space enclosed between the frame. “Background area of sign”
means the entire area in which copy could be placed.
“Banner”
means any pennant, streamer, flag, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise designed for decoration or advertisement, or to attract the attention of passersby; excepting, however, official warning devices, public service facilities, streetlights, and similar safety devices. “Billboard”
means a nonaccessory sign as defined in this section.
“Bulletin board”
means an accessory sign structure located out-of-doors which displays small signs or the name or title, announcements, and other pertinent information pertaining to a public, charitable or religious use.
“Canopy”
means a fixed shelter of any material and of any length, projecting from and connected to a building and/or columns and/or posts from the ground, or supported by a frame extending from the building and/or columns or posts from the ground. “Canopy” includes a marquee. “Canopy” does not include a shelter whose roof is also a walkway or area being used as a balcony for an upper floor occupancy. “Changeable copy sign”
means an accessory sign that is characterized by changeable copy regardless of method of attachment.
4 “Construction sign”
means a sign erected and maintained within a construction project site and indicating only the name of the project, names of those individuals or businesses directly connected with the construction project, their addresses and telephone numbers, and information regarding direction, price or terms.
“Creative sign”
means an accessory sign with a high quality of design that meets the creative sign requirements of Section 30.33.225.
“Directional sign”
means an accessory sign designed to guide or direct pedestrian or vehicular traffic. “Electric sign”
means any sign that has the surface composed in whole or in part of glass or other transparent material and which is illuminated or energized with electrical current. “Erect”
means to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or paint.
“Facing” or “face”
means the surface of a signboard, background area, and structural trim upon, against or through which a message is displayed or illustrated on the sign. “Flashing sign”
means an illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination. “Freeway”
means a highway, in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designated as a freeway by an authorized agency of the state or a political subdivision thereof. The term indicates the main traveled portion of the traffic way, all land situated within the right-of-way, and all ramps and appurtenant land and structures.
“Grade”
has the same meaning as set out in Section 30.70.080.
“Ground floor occupancy”
means a premises designed for human occupancy that has at least one ground-level public entrance.
5 “Ground sign”
means a sign supported by a sign structure, other than the wall of a building, placed in or upon the ground. “Ground sign” shall include signs on walls and fences whether or not such walls and fences are attached to a building.
“Height of sign”
means the vertical distance measured from ground level to the highest point of such sign or sign structure.
“High rise wall sign”
means a sign located at or above the sixth floor of a building that displays characters, letters, figures, designs or logograms.
“Identification sign”
means a sign that serves to identify only the name, address and lawful use of the premises upon which it is located and which sets forth no other advertisement. “Illuminated sign”
means a sign which has characters, letters, figures, designs, logograms, pictures or outlines illuminated by a source of energy directly or indirectly in order to make visible the message. This definition shall include internally and externally lighted signs and reflectorized, glowing and radiating signs.
Illumination, direct.
“Direct illumination” means the source of light is on the exterior of sign and reflecting upon sign.
Illumination, indirect.
“Indirect illumination” means the source of the light is within interior of sign structure. “Informational sign”
means a sign which conveys information such as restrooms, no parking, and the like but does not contain advertising, brand or trade or center name information. “Light projection sign”
means a sign that projects an image or message via light onto a surface of a building or structure of a hospital in the MS zone. Light projection signs may not be animated. “Lot”
has the same meaning as set out in Section 30.70.100.
“Mall”
means a privately owned pedestrian way at least 20 feet deep providing public access to three or more commercial establishments.
“Marquee”
6 means a permanent roofed structure attached to and supported by the building and projecting over public property.
“Marquee sign”
means an accessory sign, attached to a marquee or canopy. “Menu board”
means an accessory sign displaying the type and price of food and beverages available at a restaurant, delicatessen, or portable vending cart. “Moving sign”
means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsation, or by actions of wind currents.
“New development”
means any development project, development, construction, rehabilitation or renovation that requires Stage II: Final review by the Glendale Redevelopment Agency pursuant to the Glendale Redevelopment design review guidelines. “Nonaccessory sign”
means any sign that carries advertisement other than that of an accessory sign. “Pedestrian sign”
means a portable sign which may be permitted in pedestrian-oriented commercial areas pursuant to the provisions in sections 30.33.110 and 30.33.215. “Political campaign sign”
means a sign that announces candidates seeking elected public office and other pertinent data.
“Portable sign”
means a sign designed to be transported from place to place while supported or carried by one or more persons and not affixed, anchored or secured to the ground or a sign structure.
“Projecting sign”
means any sign the surface or plane of which is not substantially parallel to the surface or plane of the supporting wall, fence, canopy or marquee to which it is attached. “Public entrance”
means an entryway to a building that is open to the general public and which provides direct access to a floor area of the building available to and designed for occupation by and use of the general public.
7 “Pump island”
means a group of fuel pump dispenser units separated by service driveways on each side.
“Pump top sign”
means a sign which displays characters, letters, figures, designs, logograms or pictures located on or above a single fuel pump dispenser unit. “Real estate sign”
means a temporary sign indicating that certain property, or portion thereof, is for sale, lease or rent, and containing only the following information: a description of the property offered for sale, lease, rent; the name, address and telephone number of the owner, broker or other person(s) offering the property for sale, lease or rent; directions to the property; and “open house” information.
“Roof”
means the upper portion of a building, structure, marquee, or canopy that provides shelter from downward-directed elements such as rain, snow, hail, sleet, and sun rays. “Roof sign”
means any sign or portion thereof located on, or extending over the roof, marquee or canopy of a building and either supported by the roof, marquee or canopy or by an independent sign structure. As used in this chapter, a roof sign shall not mean any sign defined as a wall sign. A roof sign shall also not mean a marquee sign which is located on the roof of a canopy or marquee which roof is at least three feet lower in elevation than the adjacent roof of the attached building or is at least three feet lower in elevation than the top of the parapet wall of the attached building. “Sign”
means any material, device or lettered or pictorial matter or copy when used or located in such a manner as to be visible by the public from outdoors, for display of an advertisement, notice, directional matter, name, logogram, announcement, declaration, demonstration, display, illustration or insignia used to advertise, promote or attract the interest of any person, business, activity, institution or organization. However, a sign shall not include the following:
A. Official notices authorized by a court, public body or officer; B. Building entrance numbers not exceeding 10 square feet in total area; C. The flag of the United States of America, the flag of any other government entity, or the flag of any religious entity;
D. Religious icons, such as a cross or other religious symbol, when not integral to a written sign;
8 E. Memorial plaques, historical plaques, monuments or tablets; “cornerstones” indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure; F. Holiday decorations displayed between November 1st and January 15th. “Sign program”
means a set of design standards or criteria, in addition to the sign regulations contained in this chapter, which governs the signs of a designated lot or site. “Sign structure”
means any structure that supports or is designed to support any sign as defined in this chapter. A sign structure may be a single pole or may be an integral part of a building or fence or wall.
“Site”
means two or more contiguous lots or parcels which are used or developed in any manner, jointly.
“Spandrel sign”
means and includes, for the purposes of this chapter, a sign or a group of signs which displays characters, letters, figures, designs, logograms or pictures located between or extending from the supporting columns of a canopy structure. “String lights” or “string lighting”
means and includes series of light bulbs mounted on a flexible cord arrangement such as Christmas lighting or similar lighting when used or displayed on property for the purpose of attracting attention as a sign. “String lighting” shall not include permanently installed channel lighting when such lighting is used as an architectural feature of a building or facade in compliance with the electrical code. “Subdivision sign”
means an accessory sign erected and maintained only within the boundaries of the subdivision.
“Temporary sign”
means a sign that is intended to advertise specific community, civic or construction projects, real estate for sale, lease or rent, or other special events for a finite period of time.
“Trim”
means any molding, battens, cappings, matting strips, latticing or platforms which may be attached to a sign structure.
“Under marquee sign”
9 means an accessory sign attached beneath a canopy, awning or marquee. “Wall sign”
means a sign attached to or placed on a building wall, door, window or between two supporting columns of a building.
“Wind sign”
means any sign or portion thereof or series of signs, banners, flags, pennants, spinners, streamers or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
SECTION 4. Section 30.33.230 of the Glendale Municipal Code, 1995 is hereby repealed.
SECTION 5. Chapter 30.38 entitled “Murals” is hereby added to the Glendale Municipal Code,1995, to read as follows:
CHAPTER 30.38
MURALS
30.38.010 Purpose and Intent.
30.38.020 Definitions.
30.38.030 Applicability.
30.38.040 Mural Permit Required.
30.38.050 General Regulations.
30.38.060 Mural Permit Application.
30.38.070 Authority.
30.38.080 Public Notice and Hearings.
30.38.090 Artist Waiver and Agreement for Murals Placed on Private Property.
30.38.100 Mural Maintenance Agreement.
30.38.110 Mural Alterations.
30.38.120 Permit Termination, Extension and Duration.
30.38.130 Appeal Process.
30.38.140 Mural Removal.
30.38.150 Prohibition and Enforcement.
30.38.160 Promulgation of Policies and Guidelines.
30.38.010 Purpose and Intent.
This Chapter’s purpose and intent is to:
A. Provide opportunities for the installation of public art in the form of Murals within the urban environment as a means of reinforcing Glendale’s identity and civic pride;
10 B. Encourage artistic expression;
C. Prevent vandalism and increase safety at Mural Sites through City; D. Recognize the importance of Murals to our quality of life and to the local economy as a tourist attraction;
E. Contribute to what makes Glendale a special place to live, work, and shop as art in public places is an essential element of the City of Glendale's quality of life;
F. Encourage original Murals on public and private buildings as an investment in cultural capital to create tourist interest points, to develop community identity, and to serve the public interest by eradicating blight created by large uninteresting, blank walls that are sometimes the target of vandals; G. A llow Murals on public and private buildings on a content-neutral basis while ensuring compliance with reasonable time, place, and manner requirements such as regulations that structural integrity and safety rules, obtaining advisory community input so as to enhance relevance of a proposed Mural to the proposed location, ensuring maintenance obligations so that no financial burdens are placed on the City and the community, and placing Murals where such Murals will be most impactful in creating identity and sense of place; and H. Establish a standalone Mural Ordinance consistent with the mission of the Arts & Culture Commission, the policies of the Library, Arts & Culture Department, and the City of Glendale’s desire to encourage artistic expression throughout the City of Glendale.
These findings of fact establish the justification for the Council’s authorization of a Mural ordinance to be administered by the Library, Arts & Culture Department.
30.38.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
“Acknowledgment” means the recognition of the Mural sponsor(s) on the Mural, through the placement of the Mural sponsor’s name or logo in the Signature Area of the Mural.
“Alteration” means any change in a permitted Mural, such as changing images, materials, colors, or size of the Mural. Alteration does not include changes to the Mural caused by exposure to the elements, maintenance, or repair of the Mural whether due to vandalism or the passage of time.
11 “Applicant” means a person or organization who applies for a permit to install or alter a Mural, whether or not such person or organization is the owner of the property where the Mural is to be located.
“Artist” means a person who has established a reputation of artistic excellence in the visual, performing, or literary arts as judged by peers, through a record of exhibitions, public commissions, sale of works and/or educational attainment. “Artist Waiver and Agreement for Mural Placed on Private Property” means an agreement with the Mural’s Artist(s) whereby the Artist(s) waive(s) and grant(s) certain rights to the City and/or the private Property Owner(s) with regards to the Mural.
“Commercial Message” means a business name, logo, slogan, trademark, website address, quick response code (QR), social media identifier, or other business identification, including business sponsorship.
“Community Member” means a person who resides, or a business or organization located, within the jurisdictional limits of the City of Glendale. “Content Neutral” means regulation of expression or conduct without regard to the substance or message of the expression or conduct. Content Neutral regulations regulate only the time, place, and manner of speech in contrast to content-based laws, which regulate speech based on content.
“Digitally Printed Image” means a two-dimensional work of art printed by a digital printer which is capable of being adhered onto the exterior surface of a building, fence or permanent vertical surface; on a street, or other pavement, or permanent horizontal surface; the exterior of electrical or other utility boxes; or any other existing surface or structure as authorized by the City.
“Mural” means an artwork not containing any Commercial Message and presented as a painting, mosaic, printed surface, or Projection, installed, applied to, mounted on, or projected on the exterior surface of a building, fence or permanent vertical surface; on a street, or other pavement, or permanent horizontal surface; the exterior of electrical or other utility boxes; or any other existing surface or structure as authorized by the City.
“Mural Maintenance Agreement” means an agreement between private Property Owner(s) and the City whereby the private Property Owner(s) agree to maintain any Mural permitted by the City during the term of the agreement and to remove the Mural by the agreed upon Removal Date.
“Mural Permit” means a permit issued by the Library, Arts & Culture Department allowing for the installation, Alteration, or removal of a Mural pursuant to Chapter 30.38 of the Glendale Municipal Code, 1995.
12 “Mural Site” means a City-owned or privately owned location where the City has approved installation of a Mural.
“Projection” means an image or message projected via light onto the exterior surface of a building, fence or permanent vertical surface; on a street, or other pavement, or permanent horizontal surface; the exterior of electrical or other utility boxes; or any other existing surface or structure as authorized by the City. “Property Owner” means the owner of the real property where any Mural is located whether or not the owner is the same as the Mural Permit Applicant. “Removal Date” means the date a permitted Mural must be completely removed pursuant to a Mural Permit or Mural Maintenance Agreement. “Signature Area” means an area of the Mural within a single continuous perimeter, which shall not exceed four (4) square feet at the bottom edge of a Mural where the Mural Artist signs their name, where the Mural sponsor(s) may affix their name or logo, and where the Mural date and copyright information may be provided. If the four square feet area is greater than 10% of the overall size of the Mural, then the Signature Area shall not exceed 10% of the Mural area.
30.38.030 Applicability.
The provisions of this Chapter shall apply to the installation, construction, Alteration, repair, erection, location, maintenance of any Mural or Mural structure within the City.
Murals shall only be located in Commercial Zones (C1 Neighborhood Commercial Zone, C2 Community Commercial Zone, C3 Commercial Service Zone, CR Commercial Retail Zone, CPD Commercial Planned Development Zone, CH Commercial Hillside Zone, and CA Commercial Auto Zone), Mixed Use Zones (IMU Industrial/Commercial Mixed Use Zone, IMU-R Industrial/Commercial-Residential Mixed Use Zone, SFMU Commercial/Residential Mixed Use Zone, and DSP Downtown Specific Plan Zone), Industrial Zones (IND Industrial Zone and T Transportation Zone), or Transit Oriented Development (TOD) zones. Where, in any specific case, different sections of this Chapter specify different requirements, the most restrictive shall govern. The provisions of this Chapter shall apply to specific locations as follows:
A.Private property. Subject to the review and approval of the Arts & Culture Commission, the permission of the Property Owner, and execution of a Mural Maintenance Agreement, Murals may be permitted on private property pursuant to this Section.
B.Public Property. Murals may be authorized for installation on City owned property following the commission, invitation, and approval of the Arts & Culture Commission, and subject to the final review and approval by the City Council.
30.38.040 Mural Permit Required.
13 It is unlawful for any person to construct, place, erect, maintain, alter, or relocate within the City any Mural on private property, as defined in this Chapter, without first obtaining approval of a Mural Permit from the Arts & Culture Commission, issuance of a Mural Permit by the Library, Arts & Culture Director, or designee, and recordation of a Mural Maintenance Agreement.
30.38.050. General Regulations.
Murals are regulated pursuant to this Chapter. Upon issuance of a Mural Permit, only the following Murals shall be erected and maintained in the zoning districts specified in this Chapter:
A. No part of any Mural shall exceed the height, length or width of the structure or location upon which a Mural is in any manner attached, tiled, painted, or affixed unless permitted to do so with an approved Mural Maintenance Agreement, and with approval of a City issued encroachment permit where any part of the Mural extends into the public right of way.
B. All Murals and Mural structures shall have a smooth surface, and no nails, tacks, rivets, wires or other fastening devices shall be permitted to protrude therefrom except external lamps, neon tubing or artificial illumination (“Illumination”) on walls or any buildings or structures which are necessary to illuminate the Mural and such external Illumination shall not in any manner exceed the height or width of the structure upon which the Mural is in any manner attached, tiled, painted, or affixed.
C. Artist(s) signature(s) and sponsorship recognition shall be confined to the Signature Area.
D. No part of a Mural shall extend more than six (6) inches from the vertical plane of the surface upon which the Mural is in any manner attached, tiled, painted, or affixed. However, Murals approved for installation on any horizontal plane shall be flush with that horizontal plane.
E. No Mural shall consist of, or contain, electrical, or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of Mural image or message, not including static external illumination turned off and on not more than once every twenty-four (24) hours).
F. No Mural shall be placed on a lot that is located in any zones identified in Section
30.11.010 of this Code and as the same may be amended.
14 G. The maximum brightness levels of Murals shall not exceed ambient light levels.
The Director of Library, Arts & Culture may require a lighting study, field measurements or other satisfactory method to verify compliance with this requirement.
H. No Mural Permit shall be issued for Digitally Printed Image Murals without the prior review and approval from the Fire Department and the Development Services Division of the Community Development Department.
I. No Murals shall contain any form of Commercial Message. Provided however, the Mural Artist may sign the Mural with the Artist’s name, may provide sponsorship Acknowledgment, and may date and provide copyright notice information in the Signature Area.
J. The Signature Area may contain one Acknowledgment of the Mural sponsor(s) per Mural.
K. Murals shall not contain any obscenity, shall not cause the removal of required landscaping, shall be durable and capable of being well maintained, and shall be located on existing walls.
30.38.060 Mural Permit Application.
Applicants seeking to install a Mural shall file an application with the Library, Arts & Culture Department pursuant to this Section and the City of Glendale Mural Policies and Procedures and Required Documents.
Requests for Mural Permits shall be made on forms prescribed by the Director of Library, Arts & Culture and Mural Permit Applications shall be submitted to the Director of Library, Arts & Culture.
The submission of a Mural Permit application shall include:
A. A completed Mural Permit application.
B. A Mural Maintenance Agreement if the Mural is to be located on private property.
C. An Artist Waiver and Agreement for Mural Placed on Private Property.
D. A Mural Permit fee as set forth in the City-wide fee schedule, as the same may be updated from time to time.
E. Certified public notice mailing list for all owners and occupants within a 500 foot radius of the project, in accordance with Section 30.38.080(A).
F. Site plan and design rendering of the Mural, including but not limited to dimensions of the Mural, proposed materials of the Mural, timeframe for installation, lighting plan, and elevation drawings.
G. Additional information or materials the Library, Arts & Culture Director or designee deems reasonably necessary in order to complete review of the permit application.
15 All applications shall be deemed filed after thirty (30) days unless the Director of Library, Arts & Culture rejects such application, in writing, within thirty (30) days after submission, specifying why the application is incomplete.
The Director of Library, Arts & Culture shall determine whether the applications and materials for Mural Permits are complete prior to submitting an application for review by the Arts & Culture Commission. Only applications that are deemed complete will be considered for review.
30.38.070 Authority.
The Glendale Arts & Culture Commission shall be the review authority for all Mural Permit Applications.
30.38.080 Public Notice and Hearings.
A. The Library, Arts & Culture Department shall give notice of the public hearing to consider a Mural Permit application. The notice of the public hearing shall contain the date, time and place of the hearing, the general nature of the proposed permit and the street address or legal description of the property involved, including the proposed location of the Mural at the property, and shall be mailed, postage prepaid, at least ten (10) days before the date of the hearing to both Property Owners and occupants as follows:
1. All persons shown on the last equalized assessment roll as owning real property located within a radius of five hundred (500) feet of the exterior boundaries of the property which is the subject of the proposed permit;
2. If such property is owned by the same person or entity, the owners of contiguous real property to that owned by the Applicant shall also be notified;
3. If the Library, Arts & Culture Department finds that additional Property Owners may be substantially affected by the request, such Property Owners shall also be notified of the hearing; and
4. If additional mailed notice is required, it shall be the responsibility of the Applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the Library, Arts & Culture Director to be directly affected by the request and to provide a property ownership and occupant map keyed to the mailing labels.
B. At least ten (10) days prior to the hearing, the Applicant shall cause notice thereof to be posted in a conspicuous place on the property involved, as follows:
16 1. A poster-size sign shall be mounted on four (4) inch by four (4) inch wooden posts and shall be able to withstand all types of weather conditions.
2. The poster-size sign shall not exceed six (6) feet above ground level and shall be visible from adjacent streets.
3. The poster-size sign shall be a height of three (3) feet and width of four (4) feet.
4. The poster-size sign shall be located not more than five (5) feet inside the property line in mixed use zones and not more than one (1) foot inside the property line in all other zones. In all instances, the sign shall be located in areas that are most visible to the public but not within the public right-of-way.
5. The poster-size sign shall:
a. Not be illuminated;
b. Be limited to only one (1) per street frontage of the property; c. Be clearly legible; and
d. Consist of black lettering on a white background.
6. Additional poster-size signs may be required at the discretion of the Library, Arts & Culture Director.
7. The poster-size sign shall remain for the duration of any appeal period given in this title. If no appeal is filed, the sign shall be removed within seven (7) days after the deadline for filing appeals. If an appeal is filed, the sign shall remain in place for at least fifteen (15) days, but no more than twenty-two (22) days, after the final action by the City on that appeal. The sign may be altered or replaced to reflect information about the appeal hearing. If a subsequent appeal is filed, the sign shall remain in place for at least fifteen (15) days, but no more than twenty-two (22) days, after final action by the City on the subsequent appeal.
8. In situations where the above requirements are not physically possible due to site constraints, a comparable notice shall be prepared and located elsewhere to the satisfaction of the Library Arts & Culture Director or designee.
30.38.090 Artist Waiver and Agreement for Murals Placed on Private Property.
Prior to the issuance of any Mural Permit and prior to the execution of any Mural Maintenance Agreement, the Property Owner must first obtain an executed Artist Waiver and Agreement from the Artist who designed the Mural sought to be placed upon the property.
17 30.38.100 Mural Maintenance Agreement.
Completion of a Mural Maintenance Agreement is a prerequisite to issuance of a Mural Permit. Mural Maintenance Agreement terms and conditions shall comply with this Chapter, any Mural installation guidelines adopted by the Department of Library, Arts & Culture, and any conditions that may be imposed on a Mural Permit by the Arts & Culture Commission. The Applicant’s agreement to record the Mural Maintenance Agreement is a condition to the approval and issuance of a Mural Permit.
Upon the issuance of any Mural Permit, and after the fifteen (15) day appeal period, the Director of Library, Arts & Culture, or designee, is authorized to record the Mural Maintenance Agreement, which shall include, among other things, a Mural maintenance plan (including graffiti removal) and specify a Mural Removal Date.
30.38.110. Mural Alterations.
No Alterations to any permitted Mural are allowed other than for purposes of maintenance, and such Alterations shall not be implemented without first obtaining a Mural Permit approving the proposed Mural Alteration. The Mural Artist(s) shall be notified of any Alterations to their Mural.
30.38.120. Permit Termination, Extension and Duration.
A. Permit Termination. Every right or privilege authorized by a Mural Permit shall terminate six (6) months after the granting of such permit unless the exercise of such right or privilege has commenced in good faith prior to such time, except as otherwise provided in this Section. In the event a Mural Permit terminates for failure to exercise the rights granted under such permit, any associated Mural Maintenance Agreement shall also terminate, and if recorded, a rescission of the Mural Maintenance Agreement shall also be recorded in the Los Angeles County Recorder’s Office.
B. Extension of Permit. Applicants for permits granted by such right or privilege may request a one-time extension of up to a maximum of an additional six (6) months by submitting a written request for extension and a demonstration that a reasonable effort to act on such right or privilege has commenced within six (6) months of the approval date. Such request for extension of permit shall be submitted prior to the expiration of the initial permit issuance. The Director of Library, Arts & Culture may extend the Mural installation date once for up to a maximum of six (6) additional months upon receipt of a timely written request from the Applicant prior to the expiration of the Mural Permit. A request for extension shall demonstrate a reasonable effort to install, apply, mount, or project the Mural pursuant to the Mural Permit has commenced within six (6) months of the approval date.
18 C. Permit Duration. The Director of Library, Arts & Culture may grant a Mural Permit for a period of time not to exceed five (5) years (Term).
D. Permit Extension and Fees. The Term of the Mural Permit may be extended at the discretion of the Director of Library, Arts & Culture. If the extension only seeks to extend the Term of the Mural Permit and includes no design changes or alterations to the Mural, the Mural Permit fee shall be 25% of the original Mural Permit fee amount.
30.38.130 Appeal Process.
A. Appeal to the City Council. After the Arts & Culture Commission’s approval, approval with conditions, or denial of a Mural Permit application, the Applicant or any aggrieved party, including any City official may appeal the decision of the Arts & Culture Commission to the City Council in the manner provided in chapter 2.88 of this Code.
B. Mural Design Changes. Should the Applicant elect to change a Mural design after the Arts & Culture Commission has either approved, approved with conditions, or rejected a Mural Permit application, but prior to the date set for any appeal of the Commission’s decision, the Mural Permit Applicant may submit a modified Mural design and maintenance plan to be considered by the City Council on appeal, or withdraw the Mural Permit application. If the Mural Applicant withdraws the Mural Permit application and submits a new Mural Permit application, the appeal will be vacated.
30.38.140 Mural Removal.
Permitted Murals may remain in their permitted location on private property pursuant to the terms of an approved and recorded Mural Maintenance Agreement. Provided, however, a Mural may be removed prior to its Removal Date either at the request of the Mural Applicant or private Property Owner, or at the request of the Library, Arts & Culture Department, based on, among other things, life, health and safety or unforeseen circumstances which make removal necessary or unavoidable. The process for early removal is set forth in the City of Glendale Mural Policies and Procedures and Required Documents. Mural removal shall be accomplished at the sole cost and the expense of the Mural Applicant or the private Property Owner.
If early removal of the Mural is initiated by the private Property Owner upon whose property the Mural is located, then the private Property Owner will be responsible for notifying the Mural Artist, and the Library, Arts & Culture Department pursuant to the terms, timing, and methods further set out in the City of Glendale Mural Policies and Procedures and Required Documents and in the Mural Maintenance Agreement. Prior to Mural removal the removal applicant shall obtain any City required permits.
30.38.150 Prohibition and Enforcement.
19 A. Violations of this Chapter may result in the imposition of administrative fines, penalties and costs which will be imposed as follows, subject to Chapter 1.24 of the Glendale Municipal Code (Administrative Code Enforcement Remedies), which includes, among other applicable provisions and procedures, service of notice (Section 1.24.050 of this Code), authority to inspect (Section 1.24.060 of this Code), administrative citations (Section 1.24.190 of this Code), administrative citation fines; assessment and amounts (Section 1.24.220 of this Code), administrative costs (Section 1.24.330 of this Code), and administrative civil penalties enforcement order (Section 1.24.350 of this Code):
1. Written notice of violation of this Chapter shall be served on the Property Owner by either First-Class mail, or by personal service as specified in Section
1.24.050 of this Code (Service of notice).
2. Violation of this Ordinance shall be subject to the following:
a. A written warning notice containing a request for voluntary compliance. If the Property Owner receiving a warning notice does not voluntarily comply within thirty (30) calendar days of being served with a written notice of violation, the Property Owner will be subject to an administrative fine of $100 for the 1st violation, $200 for the 2nd violation, and $500 for the 3rd violation.
b. An administrative fine shall be due and payable to the City within thirty (30) calendar days from the date the written notice of violation is served. Failure to timely pay a fine will result in the assessment of penalties and related costs, assessed daily at a rate of 7 percent per annum of the outstanding amount of the fine and late fees, if any, which interest shall be calculated from the thirty (30) days after the first billing, or from the date the order becomes final, whichever is later. The City may collect any unpaid fine, including the late fees pursuant to section 1.24.100 of this code (Collection of unpaid fines, penalties and related costs), which unpaid fines or penalties and their related costs arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this Code shall be a debt to the City and subject to all remedies for debt collection allowed by law.
c. A Property Owner who receives a written notice of violation pursuant to this Chapter may request an administrative enforcement hearing pursuant to the procedures set forth in Section 1.24.110 of this Code (Administrative enforcement and appeal hearings).
d. The Director of Library, Arts & Culture shall have continuing jurisdiction over the revocation of a Mural Permit. To consider the revocation of a Mural Permit, the Director of Library, Arts & Culture shall designate a hearing officer to hold a public hearing after giving notice by the same procedure as for consideration of a Mural Permit application and at least 10 days’ notice by mail to the Applicant or permittee.
Pursuant to the findings of the hearing officer on the revocation hearing, the Director of Library, Arts & Culture shall have the authority to revoke and terminate the Mural 20 Permit in whole or in part. A Mural Permit may only be revoked on any one or more of the following grounds:
i. That the Mural Permit was obtained by fraud or misrepresentation; or ii. That the Mural Permit has been exercised contrary to any of the terms or conditions of approval; or
iii. That the use is in violation of any statute, ordinance, law or regulation; or
iv. That the use permitted by the Mural Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance.
If efforts at obtaining either voluntary compliance or compliance through the administrative citation process are unsuccessful, the City may, at its option, obtain compliance as provided in chapter 1.20 of this code, which specifies that whenever in this Chapter any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor, and any person convicted of such misdemeanor shall be punished by a fine not exceeding one- thousand dollars ($1,000.00), or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.
30.38.160 Promulgation of Policies and Guidelines.
Pursuant to Glendale Municipal Code 2.62.130, the Library, Arts & Culture Department may adopt, from time to time, such rules of procedure as it may deem necessary to properly exercise its powers and duties regarding Murals.
SECTION 6. Section 30.40.010 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.40.010 Authorization for initiation.
A.Land Use Permits.
1. Applications for variances, administrative exceptions, conditional use permits, administrative use permits, parking exceptions, wireless telecommunications facilities permits, design review, home occupation permits, density bonus housing plan and agreement, inclusionary housing plan and agreement, development projects in the SR special recreation zone, parking reduction permits, parking use permits, and mural permits may be initiated by the verified application of the recorded owner or owners of the subject property or authorized agent thereof.
2. No variance, conditional use permit, administrative use permit, parking exceptions, wireless telecommunications facilities permit, parking reduction 21 permit or parking use permit which has been denied in whole or in part shall be filed again within six months of the date of such denial except upon proof of changed conditions or by permission of the director of community development.
B.Change of Zone, Amendment to the Zoning Ordinance, Text, Amendment to the General Plan, Special Street Setback Ordinance. Applications or petitions for a change of zone, amendment to the zoning ordinance text, amendment to the General Plan or a special street setback ordinance may be initiated by either:
1. The verified application of the recorded owner or owners of the subject property or authorized agent thereof, pursuant to the provisions of Article XV, Section 2 of the Glendale Charter; or
2. The council through its own motion.
SECTION 7. Section 30.40.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.40.020 Application filing.
A. Requests for variances, administrative exceptions, conditional use permits, administrative use permits, density bonus housing plan/agreement, inclusionary housing plan/agreement, parking exceptions, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall be made on forms prescribed by the director of community development. Requests for setback ordinances or amendments to the general plan, zoning map or the text of the zoning ordinance shall be filed with the community development department.
Applications for approval of a precise plan of design and a precise plan of design overlay zone designation shall indicate the proposed use of the buildings; identify all materials required for final design review as specified in subsection G of this section; include an explicit inventory of all ways in which the proposed project plans and proposed uses deviate from the standards and restrictions of the underlying zone; and shall provide all other architectural and engineering data as may be required to ascertain compliance with the provisions of this title.
Applications and accompanying materials for variances, administrative exceptions, administrative use permits, parking exceptions, conditional use permits, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall also be filed with the director of community development. Requests shall contain all information necessary to evaluate the proposal including, but not limited to, maps, drawings to scale of land and existing and/or planned buildings, dimensions, descriptions and data. No request shall be accepted unless such sufficient information is provided. 22 B. Requests shall also contain:
1. For variances and administrative exceptions, a statement containing any facts, arguments or ground in support of the variance or exception which the applicant wishes to make.
2. For conditional use permits, administrative use permits and wireless telecommunications facilities permits, all information necessary to demonstrate that all the required findings of fact exist with respect to the proposed conditional use permit, administrative use permit or wireless telecommunications facilities permit.
3. For density bonus housing plans/agreements, any information necessary to determine the type and amount of affordable or other types of housing units proposed, whether the applicant can satisfy the replacement obligation set forth in Section 30.36.100, and whether and in what amounts the applicant qualifies for any requested density bonus and/or any concessions or waivers.
4. For inclusionary housing plans/agreements, information required pursuant to the Implementation Policies related to inclusionary housing in effect at the time.
5. For parking reduction permits, parking exceptions and parking use permits, a statement containing any facts, arguments or grounds in support of the parking reduction permit, parking exception or parking use permit which the applicant wishes to make.
6. For general plan amendments, all information necessary to demonstrate that the proposed general plan amendment is in the public interest of the city.
7. For a change of zone or amendment to the zoning ordinance text, all information necessary to demonstrate that the proposed change of zone or amendment is in general conformance with the general plan. Where a proposed zone change is not in conformance with the general plan, a concurrent application for a general plan amendment shall also be made.
C. All applications shall be deemed filed after 30 days unless the director of community development rejects such application, in writing, within 30 days after submission, specifying why the application is incomplete.
D. For conditional use permits, administrative use permits, variances, change of zone, or amendment to the zoning ordinance text or to the general plan, development plans in the SR special recreation zone, parking reduction permits, or parking use permits, or when a public hearing is required for a wireless telecommunications facilities permit, applicants shall also submit certified public notice mailing labels for all owners of real property as shown on the latest 23 equalized assessment roll within a 500 foot radius of the exterior boundaries of the real property that is the subject of the hearing, or in the case of an administrative use permit, a written decision, except that if such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be included, property ownership map keyed to the mailing labels. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.
E. Special setback ordinance requests shall also contain certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within the boundaries of the area proposed for special setbacks and a property ownership map keyed to the mailing labels.
F. Applications for design review shall be made on forms prescribed by the director of community development and contain all information required therefor. For all projects, the director of community development shall determine whether the applications and materials are complete prior to review by the review authority.
Only applications that are deemed complete by the city will be considered for review. For the purposes of this section the term "review authority" shall mean the design review board, the city council, the director of community development, or the historic preservation commission, as applicable.
1.Preliminary design review for projects outside of the DSP zone.
Information to be supplied for preliminary review need not show finished details but shall include: project data and calculations; site plan studies; proposed site plan; general location of proposed improvements; location of adjoining development including, for projects in the R1, R1R and ROS zones, the location of windows; precise location, type, and size of existing trees on the site and within 20 feet of the site on adjacent property; photographs of the site and surrounding properties; all building elevation views, which may be colored; reduced-size building elevation views, which may be colored; identification of the architectural style of proposed building or structure; a general description of the materials and colors to be used; certified public notice mailing information for all owners and occupants pursuant to Chapter 30.61; a property, ownership map keyed to the mailing labels; a general description or statement concerning proposed landscaping; a general description or statement of consistency with applicable city design guidelines; a general description of compliance with National Pollution Discharge Elimination System (NPDES) requirements; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review. 24 2.Final design review for projects outside the DSP zone. In addition to requirements for preliminary design review, the final design review submittals shall include the following: dimensioned site plan; building floor plans; rendered perspective; sight-line studies for hillside development, complete colored building elevation views; reduced-size colored building elevation views; samples of primary building materials to be used; certified public notice mailing labels for all owners and occupants within a 500 foot radius of the project in compliance with Chapter 30.61; a property ownership map keyed to the mailing labels; a landscape plan indicating the type, size (both size at planting and anticipated size at maturity for new plantings), number, and location of proposed and existing plants; the materials and texture of all walls, windows, doors, roofing, hardscape and other features; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.
3.Stage I preliminary design review submittals in the DSP zone. In addition to the items specified in Subsection (F)(1) above, applications for Stage I preliminary or conceptual review for projects in the DSP zone shall also include: perspective drawings with at least one showing a street level viewpoint; project sections; conceptual lighting plan and nighttime rendering(s); conceptual landscape plan; and conceptual public art, if applicable.
4.Stage II final design review submittals in the DSP zone. In addition to the above items specified for Stage I, applications for Stage II final design review shall also provide: interior elevations of major public interior spaces, if applicable; additional perspective drawings, including both daytime and nighttime renderings, as well as perspective drawings of all publicly accessible open spaces; and public art, if applicable.
5.Design review for new dwelling units in the ROS or R1R zones.
Applications for design review involving new dwelling unit construction in the ROS or R1R zones are required to provide a temporary frame. The director of community development shall have the discretion to require applications for design review involving all other projects in the ROS and R1R zones and construction of enclosed space above the first floor level of existing dwelling units in the R1 zone to also provide a temporary frame. Projects for which a temporary frame is required by this section shall be deemed incomplete until a temporary frame is constructed.
a.Temporary frame specifications. The temporary frame shall, at a minimum, consist of wood posts or other sturdy and rigid material located at all corners of the structure(s) and at either end of all proposed ridgelines, with a taut rope of minimum 1/23 inch diameter marked with triangular flagging connecting the posts. All temporary framing shall be 25 constructed to the satisfaction of the director of community development.
Temporary frames must remain in place until the end of the appeal period for a design review, or variance decision, or, when an appeal has been filed, until the appeal body has made a design review, conditional use permit, or variance decision, plus any appeal period for that decision. Temporary frames must be removed within 22 days of an approval, approval with conditions, or denial decision of a design review case unless an appeal is filed, or within 60 days of a return for redesign decision, unless a new application based on a return for redesign decision is filed within 60 days. Temporary frames must be removed within 22 days of a decision on a conditional use permit or variance case, unless an appeal is filed, or within 60 days of a final decision on a variance case, unless a design review application or variance case is filed within 60 days. The director of community development may, upon showing of good cause, approve an alternative method other than the construction of a temporary frame which aids envisioning the project proposal.
G. Requests for wireless telecommunications facilities permits shall be made on forms prescribed by the director of community development and submitted to the community development department. The director of community development shall amend application requirements from time to time as necessary to comply with applicable laws and regulations, or to otherwise ensure the provision of information necessary and useful to the evaluation of wireless telecommunications facility permit applications. In addition to the application submittal requirements for permits set forth in subsection A of this section, the information listed below is supplemental and required at the time a wireless telecommunications facility permit application is submitted to the community development department.
1.All proposed locations.
a. An accurate map, compatible with the city's latest version of GIS mapping software, indicating the proposed site and detailing existing wireless telecommunications facility locations owned and operated by the applicant within the city on the date of application submittal. b. An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless communication facility.
c. An alternative configuration analysis, assessing the feasibility of alternative wireless telecommunications facility construction configurations—both at the proposed site and in the surrounding vicinity—which would result in a more visually compatible antenna(s), as 26 deemed necessary by the director of community development. This analysis shall include an explanation of why other wireless telecommunications facility construction configurations were not selected.
d. A projection of the applicant's anticipated future wireless telecommunications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting.
e. An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation. f. An accurate visual impact analysis showing the maximum silhouette, view shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis shall include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless telecommunications facility with the surrounding area.
g. The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.
h. A description of the maintenance and monitoring program for the wireless telecommunications facility and associated landscaping. i. A written statement of the applicant's willingness to allow other carriers to co-locate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.
j. A written description of any good faith efforts to co-locate the proposed wireless telecommunications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location would not be 27 feasible.
k. A written description of all accessory wireless equipment for the wireless telecommunications facility. Describe the function of this ancillary equipment and the need to locate same on or near the wireless telecommunications facility.
l. A written description of any requested exceptions to the standards set forth in Chapter 30.48 and the reasons therefor.
m. For applications requiring planning commission review: certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within a 500 foot radius of the exterior boundaries of the real property that is the subject of the hearing except that if such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be included, property ownership map keyed to the mailing labels. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.
n. An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the director of community development. Said alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located outside a ROS, R1R, R1, R-3050, R-2250, R-1650 and R-1250 zone. Said alternative site analysis shall include a map that shows other potential stand-alone locations for the proposed wireless telecommunications facility that have been explored, and shall describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, but are not limited to, cost, visual benefits and detriments of alternative sites and proximity to single-family dwellings.
o. Noise/acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back- up generators, and a depiction of the equipment location in relation to adjoining properties.
p. A conceptual landscape plan as determined necessary by the director of community development. Said plan shall show all existing trees and all proposed landscaping, concealment, screening and proposed irrigation 28 with a discussion of how the chosen material at maturity will screen the site as determine by the director of community development. q. The director of community development may require additional information related to topography, including slopes, contours and proposed grading.
r. All other information as determined necessary by the director of community development may be required by the city’s wireless telecommunications facility permit supplemental application form.
2.Expert review. In the event that the director of community development in his or her discretion determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city with written authorization for the city to do so.
Such authorization shall include a written agreement by the applicant to advance the city for all reasonable costs associated with such consultation.
The city may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:
a. Compliance with applicable radio frequency emission standards; b. The appropriateness of granting any requested exceptions; c. The accuracy and completeness of submissions;
d. The applicability of analysis techniques and methodologies; e. The validity of conclusions reached; and
f. Any specific technical issues designated by the city.
3. If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the community development department for consideration by the approval body specified in Section 30.48.020; provided, however; that the city and the approval body need not accept and/or process said application unless and until the permittee: (a) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable state and federal requirements. In the case of co-locations, minor structural modifications may be permitted if necessary to accommodate said co-located facility.
29 H. Applications for mural permit review shall be made on forms prescribed by the Director of Library, Arts & Culture and shall be subject to the requirements of Chapter 30.38.
SECTION 8. Section 30.41.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.41.050 Duration of design review approval.
All approvals by the design review board or applicable review authority shall be valid for a period of two years except approvals for a sign program which shall be valid until replaced by a later sign program approval. A fence or wall in the street front setback or in the street side setback in the “H” horse overlay zone approved by the design review board must be completely constructed within two years of the date of the design review board approval. All necessary building permits and sign permits must be obtained within this two year period except sign permits on a lot or site involving a sign program.
In the event that a building permit or sign permit is obtained in a timely manner and subsequently expires, all design review board approvals shall expire with the building permit or sign permit if such permit expires after the two year period. However, in the event that an application is made to the building official to renew action on an application for a building permit or sign permit after expiration, the director of community development shall have the authority to reinstate all related design review board approvals for the period of the building permit. The director of community development shall grant such reinstatement only in the event he or she can make a written finding that neighborhood conditions, i.e., those neighborhood conditions upon which the design review authority determined the project’s compatibility with the surrounding neighborhood, have not substantially changed since the original design review approval.
SECTION 9. 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, except as provided for in Section 30.47.020(G) below.
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 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 30 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. Exemptions. Notwithstanding the above provisions and subsection (F)(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 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 31 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, 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 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, 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 32 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;
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 building additions or alterations to any existing building that are 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 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,
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 33 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 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). 34 G. This chapter shall not apply to new affordable multi-family residential project or residential mixed-use projects located in residential or commercial zones that are consistent with State Density Bonus Law and GMC 30.36 “Density Bonus”, including projects developed in accordance with Government Code Sections 65912.155 - 65912.162 (Transit Oriented Development), as may be amended thereafter, provided such projects comply with all applicable zoning development standards and the objective design standards set forth in Chapter 30.17, and provided such projects seek only concessions and not also waivers. Projects requesting waivers from development standards or objective design standards shall not be eligible for streamlined or ministerial processing and shall be subject to the requirements of this Chapter for design review approval.
SECTION 10. 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 10,000 square feet, or any addition over 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, 10,000 square feet or less, or any addition 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 10,000 square feet or an addition greater than 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.
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 feet, and an 35 increase in the number of stories where the addition is located at the rear 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(B)(2) shall be considered new construction; and
2. New multi-family buildings of six or fewer units and additions of six or fewer units to existing multi-family buildings; and
3. Nonresidential or mixed-use projects of 10,000 square feet or less or any addition of 10,000 square feet or less to an existing nonresidential or mixed-use building.
4. The design review board may review final design review projects listed in this subsection 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. In all other cases, plans and proposals shall be reviewed by the design review board.
I. 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 50 percent, or where the project grading will exceed 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 36 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 37 with the objectives of this code, any applicable design guidelines, and conditions of approval.
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. 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 11. Section 30.47.040 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.040 Standards.
38 In consideration of applications for design review, the review authority shall be guided by the intent and purpose of Section 30.47.010 and the standards set forth in this section. The design review board shall adopt written guidelines consistent with such intent, purposes, and standards, as it may deem necessary to properly exercise its powers and duties. Such guidelines shall be approved by the city council and shall be kept on file in the office of the director of community development, and a copy thereof shall be furnished to any person upon request. Within the DSP zone, all design review shall be subject to the guidelines and standards established by the downtown specific plan.
For the purposes of this section, the term "review authority" shall mean the design review board, the city council, the director of community development, or the historic preservation commission, as applicable.
A. The review authority shall ensure that all projects are consistent with adopted community plans.
B. The following standards and criteria may be utilized by the review authority which may require changes in materials, color, general design and layout, projections in the vertical or horizontal plan or such other design changes as may be necessary.
1. In addition to the height and minimum setback requirements set forth for the zone in which the property is located, changes in material, height, projections in the vertical or horizontal plane of similar façade changes should be encouraged on visible exterior building walls. Primary attention shall be given to those sides visible from the public right-of-way.
2. The appropriateness of a new or remodeled building to the zoning and area within which it is located, surrounding architectural design, scale and streetscape appearance should be considered provided they are in keeping with the intent and purpose of this chapter. Integrated and harmonious design themes are encouraged, including the use of consistent materials, colors, textures and signs on exposed building walls. New development or remodeling should be designed in such a way as to upgrade the appearance and quality of the area and be harmonious with existing improvements.
3. Conflicting relationships to adjacent buildings, structures, improvements and uses should be avoided as appropriate to the zone and area. For buildings in the R1, R1R or ROS zones, new development or remodeling that includes more than one story in height shall continue to allow reasonable access to natural light for buildings in the R1, R1R and ROS zones, and shall not unreasonably impact the privacy of buildings and outdoor spaces in the R1, R1R and ROS zones. Privacy shall be judged by the view from the living room, den, study, family room, great room, library, dining room or balconies 39 (greater than 25 square feet) of the new development into the buildings and backyard outdoor space of existing buildings. For new development and remodeling in the R1, R1R and ROS zones, consideration shall be given to the placement of windows in the new development vis-a-vis the placement of windows in adjacent residential buildings.
4. Boundary and other walls should generally be of decorative masonry and/or wrought iron which is complementary in color, texture and material to the development as a whole, although it is recognized that these materials may not be appropriate in all situations (i.e., wood fencing in residential zones and chain link fencing in industrial zones).
5. Landscaping shall be integrated into the architectural scheme so as to accent and enhance the appearance of the development. Existing trees (including those regulated in Chapter 12.44 of this code pertaining to preservation and protection of indigenous trees) over six inches in diameter on the site and any tree within the parkway (as regulated in Chapter 12.40 of this code) as well as trees on adjacent property within 20 feet of the common property line shall be considered for preservation in the site planning.
6. Subject to any applicable height limits, rooftop equipment shall be incorporated into the design of the project in such a manner that it is completely enclosed on all sides or concealed from view by screening, roofing or parapets at least six inches higher than the height of the uppermost part of such equipment.
7. Any dish antenna that is ground-mounted but attached to a building or structure, and any roof-mounted dish antenna, shall be designed in accord with the criteria in Section 30.34.050.
In evaluating any proposed ground-mounted dish antenna that is attached to a building or structure, any roof-mounted dish antenna, or any ground- mounted dish antenna not qualifying for exemption under the criteria of Section 30.47.020 of this chapter, the review authority shall determine whether the color would be unobtrusive, whether the dish antenna can be installed in a location and in a manner which would minimize visual intrusion while maintaining practical operation, and whether the dish can be screened so that it is suitably concealed from view, in order to promote aesthetic objectives, including, but not limited to, compatibility of neighborhood properties, the preservation of views and vistas, and the overall harmonious development of property. The criteria set forth herein shall apply only insofar as such criteria do not prevent the reception of satellite delivered signals or do not impose costs on the users of such antennas that are excessive in light of the purchase and installation costs and intended use of the dish antenna. 40 8. Any wireless telecommunications facility shall be designed in accord with the criteria specified in Chapter 30.48 of this title. The standards outlined elsewhere in this Section 30.47.040 notwithstanding, all wireless telecommunications facilities shall be designed in accordance with Chapter
30.48 of this title.
9. In addition to paragraphs 1 through 8 of this subsection, within designated "HD" historic district overlay zones, design review standards shall be as adopted by the city council in the citywide historic district design guidelines, as may be supplemented by the city council for each district, or any guidelines for non-residential buildings for each district as adopted by the city council at the time of designation of that district. In the event of a conflict between paragraphs 1 through 8 of this subsection and the citywide historic district design guidelines, and as may be supplemented by the city council for each district at the time of designation of that district, or any guidelines for non-residential buildings for each district, as adopted by the city council at the time of designation of that district, the citywide historic district design guidelines and applicable supplements thereto, and any guidelines for non- residential buildings as may be adopted by the city council for that district, shall take precedence, with the final determination of whether there is a conflict to be made by the director of community development.
C. The review authority shall ensure the compatible design of all multi-unit projects that abut a single-family zone. To accomplish this goal, the review authority shall have the authority to impose more restrictive development standards than the provisions of the zone in which the project is located. The review authority shall review each multi-unit project in terms of its impact on the single-family residential neighborhood, including but not limited to, such design elements as window location, balconies, location of recreational facilities, entryways, and garage location. Although street setbacks are not required in the IMU, IMU-R and SFMU zones, the review authority may add conditions to ensure pedestrian activity at the street edge including the location of building entrances and surface parking lots and the use of setback areas as plazas, open space, or other active uses. In the IMU, IMU-R and SFMU zones, facades on the corner cutoff areas at intersections should incorporate significant architectural design features (e.g., a tower). The review authority may require transitional height increases in order to promote a visual transition between the single-family neighborhood and multiple- family zone and to ensure that adequate landscape buffering is provided and permanently maintained. The review authority shall also consider the multiple dwelling building facades, roof designs, and use of materials and colors to ensure compatibility with the architectural design elements generally found in the neighboring single-family zone.
D. The review authority shall ensure single-family design that is compatible with the character inherent within the surrounding neighborhood. Primary emphasis on what constitutes a neighborhood should generally be given to the existing 41 development pattern within 300 feet of the subject property. Special attention should also be placed on ensuring a positive design relationship with the adjacent developments and developments on the block on which the proposed project is located. The director of community development shall have the discretion to consider an alternate area to be the neighborhood of primary emphasis. To accomplish compatibility, the review authority shall review each single-family residential project in terms of its specific impact on the surrounding single-family neighborhood, including, but not limited to, such design elements as massing, scale, height, setback, landscaping, impacts from average current slopes exceeding 50% and grading of more than 1,500 cubic yards and window location. The review authority shall consider the setbacks of buildings and structures on adjacent properties and ensure that a project's proposed height and setback promote a visual transition between the project and neighboring buildings. The review authority shall also consider garage location and design to promote compatibility with neighborhood patterns. The review authority shall also consider the single-family building facades, roof designs, and use of material and colors to ensure compatibility with the architectural design elements generally found in the surrounding single-family zone.
E. Decisions related to development in the ROS and R1R zones shall consider the hillside development review policy contained in Section 30.11.040(A).
F. The review authority shall ensure that sign programs are consistent with the following standards:
1. Signs shall be compatible with the project architecture and the surroundings including significant landscape features.
2. Signs shall not unduly compete with or obstruct other business signs, obstruct traffic signals, detract from the architectural features of the neighborhood, or create visual clutter.
3. The sign program shall exhibit a harmonious design, mounting and illumination theme for the entire lot or site.
4. The sign program shall be consistent with any applicable plans or guidelines.
G. The review authority shall ensure that creative signs are consistent with the following design criteria:
1.Design quality. The sign shall:
a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
42 b. Be of unique design, and exhibit a high degree of creativity, thoughtfulness, imagination, inventiveness, and spirit; and c. Provide strong graphic and artistic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion; d. Include inventive representation of the use, name, or logo of the structure or business.
2.Contextual criteria. The sign shall contain at least one of the following elements:
a. Symbols or imagery relating to the entertainment, creative, or design industries;
b. Creative image reflecting current or historic character of the city or neighborhood;
c. Classic historic design style.
3.Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical and proportional location in relation to the overall composition of the building’s façade and not cover any key architectural features and details.
SECTION 12. Section 30.47.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.050 Maintenance of approved building colors, building materials and landscaping.
The building colors, building materials and landscaping approved by the review authority shall be maintained substantially as shown in the approved plans for a period of five years after the building permit is finaled in the ROS, R1R and R1 zones. In all other zones, building colors and materials approved by the review authority shall be maintained substantially as shown in the approved plans for a period of two years after the building permit is finaled. In all other zones, landscaping approved by the review authority shall be permanently maintained in substantial conformance with approved plans. Any changes to the approved building colors, building materials and landscaping within timeframes noted above may be approved by the director of community development or may be referred by the director of community development to the individual or board which approved the original plans.
43 SECTION 13. Section 30.47.070 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.070 Procedure for review.
A. Process for Completed Applications. The community development department shall refer deemed completed design review applications and accompanying materials to the applicable design review authority in addition to any staff comments and staff recommendation thereon, except for murals. A complete application for final review must be submitted in accordance with the provisions of Section 30.40.020 prior to any approvals.
B. Preliminary Design Review for Projects Outside the DSP Zone. Applications for preliminary or conceptual design review for projects outside of the DSP zone may be submitted to and considered by the design review authority for discussion and direction regarding the potential design. A completed preliminary design review does not constitute a final action or project approval.
C. Final Design Review for Projects Outside the DSP Zone and for Projects Within that DSP Zone Whose Design Review Authority is not City Council. Review of final project design shall not in any way be limited by preliminary or conceptual design review direction or recommendations. Design review of final designs shall be guided by the intent and purpose of Section 30.47.010 and the standards set forth in Section 30.47.040.
D. Projects Within the DSP Zone Whose Design Review Authority is City Council— Stage I Preliminary Design. Projects in the DSP zone that require city council design review shall commence with a Stage I preliminary design. Stage I Preliminary design review consists of design review authority discussion and direction on project site planning, massing and scale. Stage I design review direction does not constitute project approval. Projects that are authorized to proceed with preparation of a Stage II final design submission must first complete applicable California Environmental Quality Act review in addition to completing the final design for design review authority consideration.
E. Projects Within the DSP Zone Whose Design Review Authority is City Council— Stage II Final Design. Stage II final design review submissions shall respond to design review authority’s direction on the Stage I Preliminary Design. Prior the city council’s review of a Stage II final design review, projects shall be submitted to the design review board for comments and recommendations. Design review board’s comments and recommendations shall be forwarded to the city council for consideration of the Stage II final design. Prior to Stage II final design review, project applicants must first complete California Environmental Quality Act review and obtain any zoning entitlements, except for zoning entitlements that are being considered by the city council in conjunction with the Stage II final design review. A completed Stage II design review application per Section 44 30.40.020(G), along with the comments and recommendation from the design review board, must be presented to the review authority in order to be considered for approval.
SECTION 14. Section 30.47.075 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.075 Actions of the review authority.
A. For preliminary review, including Stage I design review for projects in the DSP zone, the review authority shall provide comments to the applicant related to the design of the project. Such comments may relate to site plan, massing and design features of the project or to recommendations for design changes.
B. Following the city council’s Stage I preliminary design review of projects in the DSP zone, projects shall be submitted to the design review board for comment and recommendation to the city council, which design review board comments the city council may consider in its review of the Stage II final design.
C. Where the director of community development is the review authority, the community development director may approve the final design for a project with or without conditions, or deny the project. If this action is appealed to the design review board, the design review board may approve the project with or without conditions or deny the project. An appeal of a decision by the director of community development shall not be returned for redesign by the design review board.
D. For all other final design review projects, including Stage II final design review or projects in the DSP zone, the review authority may, on the initial project review, make a decision that a project be returned for redesign; or may approve the project with conditions; or may approve the project without conditions. If the decision of the review authority on the initial project review is that a project shall be returned for redesign, the applicant shall file a new application and present plans showing revisions to the project design and additional information as necessary to address the comments of the review authority within 180 days of the review authority’s decision. The applicant may also file a new application within 180 days of the review authority’s decision and request that the original project design be considered by the review authority at the second project review. For the second project review, the review authority may make a decision that the project be returned for redesign; or may approve the project with conditions; or may approve the project without conditions; or may deny the project. If the decision of the review authority on the second project review is that a project shall be returned for redesign, the applicant shall file a new application and present plans showing revisions to the project design and 45 additional information as necessary to address the comments of the review authority within 180 days of the review authority’s decision. For any third project review, the review authority may approve the project with conditions; or may approve the project without conditions; or may deny the project. All review authority decisions shall be in writing and shall include a written statement that justifies the decision based on criteria in this title and applicable design guidelines. A copy of the decision shall be mailed to the applicant and to those persons speaking at the public meeting or those persons who provided written communications and who submitted their correct mailing address. For the purposes of this section the term “review authority” shall mean the design review board, the city council, the director of community development, or the historic preservation commission, as applicable. If the applicant does not file a new application within the required 180 day period, the case shall be considered terminated and no further action, including appeals, shall occur.
SECTION 15. Section 30.47.090 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.090 Public meetings.
All meetings of the design review board and city council shall be open to the public.
SECTION 16. Section 30.61.010 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.61.010 Variances, conditional use permits, design review, wireless telecommunications facilities permits, requests for parking reduction, and development plan review for special recreation.
For variances, conditional use permits, design review, wireless telecommunications facilities permits, where the director of community development is not the review authority, requests for parking reduction where the director of community development is not the review authority, requests for parking use permits where the director of community development is not the review authority, and development plan review for special recreation, notice for public hearings shall be given in the manner listed below.
For the purposes of this section the term “review authority” shall mean the design review board, the city council, the planning commission, the director of community development, or the historic preservation commission, as applicable. For variances, conditional use permits, parking reduction permits, design review, wireless telecommunications facilities permits, and development plan review for special recreation, the director of community development shall set the matter for public hearing and notify the city clerk of the hearing date. The city clerk shall give notice of the public hearing. The notice of the public hearing shall contain the date, time and place of the hearing, the general nature of the proposed permit and the street address or legal description of the property involved and shall be:
46 A. For variances, conditional use permits, wireless telecommunications facilities permits, requests for parking reduction, and development plan review for special recreation only, published once in the official newspaper of the city at least 10 days before the date of the hearing (such notice shall not be required for design review); B. Mailed, postage prepaid, at least 10 days before the date of the hearing to both property owners and occupants as follows:
1. All persons shown on the last equalized assessment roll as owning real property located within a radius of 500 feet of the exterior boundaries of the property which is the subject of the proposed permit including, for a parking use permit, both the property for which a parking use permit is sought and the off-site parking facility;
2. If such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be notified;
3. If the director of community development finds that additional property owners may be substantially affected by the request, such property owners shall also be notified of the hearing; and
4. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership and occupant map keyed to the mailing labels.
C. At least 10 days prior to the hearing, the applicant shall cause notice thereof to be posted in a conspicuous place on the property involved, including, for a parking use permit, both the property for which a parking use permit is sought and the off-site parking facility as follows:
1. A poster-size sign shall be mounted on four inch by four inch wooden posts and shall be able to withstand all types of weather conditions.
2. The poster-size sign shall not exceed six feet above ground level and shall be visible from adjacent streets.
3. The poster-size sign shall be a height of three feet and width of four feet.
4. The poster-size sign shall be located not more than five feet inside the property line in residential zones and not more than one foot inside the property line in all other zones. In all instances, the sign shall be located in areas that are most visible to the public but not within the public right-of-way. 47 5. The poster-size sign shall:
a. Not be illuminated;
b. Be limited to only one per street frontage of the property; c. Clearly be legible;
d. Consist of black lettering on a white background.
6. Additional poster-size signs may be required at the discretion of director of community development.
7. The poster-size sign shall remain for the duration of the appeal period given in this title. If no appeal is filed, the sign shall be removed within seven days after the deadline for filing appeals. If an appeal is filed, the sign shall remain for at least 15 days, but no more than 22 days, after the final action by the city on that appeal. The sign may be altered or replaced to reflect information on the appeal hearing. If a subsequent appeal is filed, the sign shall remain for at least 15 days, but no more than 22 days, after final action by the city on the subsequent appeal.
8. In situations where the above requirements are not physically possible due to site constraints, a comparable notice shall be prepared and located to the satisfaction of the director of community development.
SECTION 17. 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 18. California Environmental Quality Act.
This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 and 15305. CEQA Guidelines section 15301 entitled “Existing Facilities” exempts from CEQA the operation, repair, maintenance, permitting, leasing licensing, or minor alteration to existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of the existing or former use. This Ordinance provides a permitting procedure pursuant to which Murals may be installed on existing public and or private structures and does not involve the expansion of the use. CEQA Guidelines section 15305 entitled “Minor Alterations in Land Use Limitations” exempts from CEQA 48 minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. This Ordinance may result in minor alterations in land use limitations, specifically Mural installations, and does not result in any changes in land use or density.
SECTION 19. Effective date.
This Ordinance shall become effective within thirty days from the date of its adoption.
Passed and adopted by the Council of the City of Glendale on the day of ____________, 2026.
_______________________________
Mayor
Attest:
__________________________
City Clerk
48 49
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF GLENDALE )
I, Dr. Suzie Abajian, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ______________ was adopted by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the day of , 2026, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk