Chapter 17.32
SITE DEVELOPMENT PLAN
Sections:
17.32.010 Compliance prerequisite for permits.
17.32.020 Recommended preapplication conference.
17.32.025 Neighborhood meeting requirement.
17.32.030 Preliminary site development plan.
17.32.040 Review of preliminary site development plan.
17.32.045 Urban renewal review.
17.32.050 Final dimensioned site development plan.
17.32.060 Notice of preliminary and final public hearings.
17.32.070 Review of the final dimensioned site development plan.
17.32.080 Filing the final dimensioned site development plan.
17.32.085 Resubmittal of denied application.
17.32.090 Failure to begin planned site development.
17.32.100 Rate of construction of open space and utilities—Enforcement.
17.32.110 Security for public improvements.
17.32.120 Changes and amendments.
17.32.130 Maintenance of structures and site improvements.
17.32.010 Compliance prerequisite for permits.
Prior to the application for or issuance by the Zoning Administrator of any building, sign, or other developmental permit, the applicant shall comply with the provisions of this chapter. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.020 Recommended preapplication conference.
The applicant is encouraged to communicate with the Zoning Administrator prior to submitting a site development plan application in order to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. In his sole discretion, the Zoning Administrator may choose the type of communication to be either oral or written. This communication may concern:
A. The type of development allowed and encouraged in Glendale under the two (2) Planned Unit Development Districts; and
B. Applicable dimensional requirements for both residential and nonresidential development, including:
1. The design and development standards applicable to all development within the city of Glendale;
2. The quantity and location of parking areas and access and egress driveways as well as acceptable methods to reduce parking requirements;
3. The location and widths of public rights-of-way access;
4. The estimated time span for development review processing and related development review fees;
5. The proximity and adequacy of public utilities. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.025 Neighborhood meeting requirement.
The applicant shall hold a neighborhood meeting as a prerequisite to submittal of the preliminary site development plan. The neighborhood meeting shall be held in the city and shall describe to the neighborhood the general uses, scale, and dimensions of the development. The applicant shall notice and invite to participate: all property owners, lessees, and residents within six hundred (600) feet of the development. Notice shall be by a method reasonably calculated to provide notice no less than thirty (30) days prior to the meeting. In his discretion, the Zoning Administrator may waive this requirement if it is reasonably considered unnecessary. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part))
17.32.026 Concurrent review.
Notwithstanding any other provision of this chapter, the preliminary and final site development plans may be reviewed concurrently with the following requirements: the applicant submits a request for concurrent review, the applicant submits complete preliminary and final site plans, the Zoning Administrator finds the probative value of the process will be substantially preserved with concurrent review, and notice of the concurrent review hearings is made as provided in Section 17.32.060. (Ord. 2018-2 § 1 (part): Ord. 2014-11 § 1 (part): Ord. 2011-9 § 1)
17.32.030 Preliminary site development plan.
The applicant shall submit, in portable electronic format, plans that are printable as either eight and one-half (8 1/2) inch by eleven (11) inch or eleven (11) inch by seventeen (17) inch through email, delivery on portable media, or through other forms of reliable electronic transmission of a preliminary site development plan to the Zoning Administrator in sufficient time to permit review, but not less than twenty (20) days prior to the regular Planning Commission meeting. The preliminary site development plan may be schematic and generalized and shall contain as a minimum the following:
A. The location and name of the proposed development;
B. The names, addresses and phone numbers of the landowners, developers and designers of the development;
C. Information regarding the physical characteristics of the surrounding area and the developments within three hundred (300) feet of all property boundary lines;
D. The size of the proposed development site and the character, and approximate location and density of all residential and nonresidential structures including the actual shape, proportion and dimensions of the site to be built upon, the size, shape, height and location of all buildings or other structures to be erected, altered or moved and of any building or other structure on the property;
E. Existing land uses, pedestrian amenities, ingress and egress points, and landscaping within at least three hundred (300) feet of all property boundary lines;
F. Adjacent streets and proposed points of access;
G. The existing topographic character of the land and existing natural features;
H. The property lines and names of adjoining properties;
I. Location and descriptions of any existing utilities, easements, leases, common ownership or other encumbrances on the property;
J. Existing and proposed land use and the approximate location, height, massing and scale of proposed buildings and structures in relationship to the structures on abutting lots;
K. The approximate location, number of spaces, and internal circulation of parking areas or structures and indication as to whether the applicant is interested in reducing the minimum parking requirements through the use of transportation demand management techniques;
L. Signed agreement to pay all development review costs;
M. North arrow and graphic scale;
N. A general indication of the expected schedule of development indicating:
1. The approximate date when construction of the project can be expected to begin,
2. The stages in which the project will be built;
O. Documentation showing how all general design and development standards will be met, including street edge treatment, pedestrian amenities, compatibility in site design with abutting uses, open space, usable open space, and parking;
P. Documentation confirming that the applicant has legally sufficient interest in the property proposed for development, or is the duly appointed agent of such a person;
Q. Minutes and description of notice for the neighborhood meeting or a written waiver by the Zoning Administrator. (Ord. 2018-2 § 1 (part): Ord. 2014-11 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.040 Review of preliminary site development plan.
A. The Zoning Administrator shall review the preliminary site development plan for compliance with the provisions of this title, and shall submit a report to the Planning Commission and applicant at least five (5) days prior to the regular Planning Commission meeting at which the plan will be submitted to the Commission for its public hearing. The Zoning Administrator shall schedule the public hearing for the preliminary site plan no later than one hundred eighty (180) days after a complete preliminary site development plan was submitted to the Zoning Administrator. The Planning Commission may in its sole discretion continue the public hearing as necessary to obtain additional public comment or information. Upon the closing of the public hearing, the Planning Commission shall issue its report within sixty-five (65) days. The report shall confirm the following:
1. The plan is, is not, or is with conditions in compliance with this title and the adopted Glendale land use master plan;
2. All submittals, documents, drawings and approvals required prior to the Planning Commission’s approval have been received;
3. Documentation that the applicable fees, dedications and on- and off-site improvements will be made by the applicant;
4. Any other recommendations or information that may be appropriate.
B. Review of preliminary site development plan by the Planning Commission shall require a public hearing. See Section 17.32.060.
C. The Planning Commission shall review the plan at the hearing.
D. The Planning Commission shall determine if the preliminary site development plan is in conformance with the provisions of this chapter and is consistent with adopted and accepted standards of development, as well as the principles, policies and performance standards set forth in the adopted Glendale land use master plan and/or any other code, law or requirement of the city.
E. The Planning Commission shall forward the plan to the City Council along with a recommendation that the plan be approved, with or without conditions, or disapproved. In the event that disapproval is recommended, the Zoning Administrator shall submit to the Council a written report stating the basis for the recommendation.
F. Upon receipt of the Planning Commission’s recommendations, the Council shall hold a public hearing within one hundred (100) days to take action and approve, with or without conditions, or disapprove the preliminary site development plan. The City Council may in its sole discretion continue the public hearing as necessary to obtain additional public comment or information. Upon the closing of the public hearing, the City Council shall issue its decision within sixty-five (65) days. (Ord. 2018-2 § 1 (part): Ord. 2014-11 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.045 Urban renewal review.
If the application is located within an urban renewal plan area, the applicant must submit an approved preliminary site development plan with any conditions to the Glendale Urban Renewal Authority for review, comment and recommendation. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part))
17.32.050 Final dimensioned site development plan.
Within one (1) year, following the approval of the preliminary site development plan, the applicant shall file with the Planning Commission a final dimensioned site development plan containing, in final form, all of the information required by this chapter. In its discretion and for good cause shown by the applicant the Planning Commission may extend the time period for the filing of the final plan for a period not to exceed three (3) years. The final dimensioned site development plans shall be sufficiently detailed to indicate fully the ultimate operation and appearance of the development. Submittals shall include but not necessarily be limited to the following:
A. The final anticipated topography of the area involved;
B. The existing and intended uses of all buildings and structures;
C. The dimensions of all improvements including but not limited to: structures, yards, open spaces, pedestrian amenities, circulation patterns both vehicular and nonvehicular;
D. Final building elevations and their relationship to abutting properties;
E. A traffic plan and study showing the location of all parking and loading areas or structures, along with the number of spaces, circulation patterns both vehicular and nonvehicular, traffic impact report, the location and extent of any land or right-of-way to be dedicated to the city, along with a CDOT access permit if required;
F. A detailed landscape plan showing dimensioned sidewalks, street edge treatment, landscaping (all plans shall depict material sizes no larger than installation size plus one (1) year of growth), pedestrian amenities, location and pattern of exterior lighting, the location of fire hydrants, location of trash receptacles, outdoor storage, utilities and screening materials to be used as well as the design of and intended use of all open space;
G. Utility study and plan showing the proposed utilities including sewers, both sanitary and storm, gas lines, water lines, and electric lines showing proposed connections to existing utility systems;
H. CPTED plan showing how the CPTED concepts from Section 17.18.030 have been addressed;
I. Certified survey of the property sealed by a registered land surveyor;
J. North arrow and graphic scale;
K. Other documents or materials required as part of the preliminary site development plan approval;
L. If the final site development plan’s location is within an urban renewal plan area, the application shall include the Glendale Urban Renewal Authority’s comments and recommendations. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.060 Notice of preliminary and final public hearings.
A. Purpose. All land use applications that require a public hearing before the Planning Commission, City Council or Board of Adjustment shall be subject to the requirements contained in this section. It is intended to provide for adequate notification ensuring the opportunity for public participation of land use proposals within the city.
B. It is the responsibility of the applicant to meet these requirements prior to the established hearing date.
C. The Planning Commission, City Council, or Board of Adjustment may continue the hearing to a date certain and may keep the hearing open to take additional information to the point a final decision is made. No further notice of a continued hearing need be pursued by the applicant unless a period of six (6) weeks or more elapses between the hearing dates before the same board. In situations where this time period has passed, the applicant shall be required to publish the notice of public hearing again.
D. These public notice requirements apply to all land within the jurisdiction of the city.
E. No public hearing shall commence, nor testimony be taken, until these procedures are met by the applicant.
F. Public notice procedures are as follows:
1. At least fifteen (15) days prior to a public hearing the city shall notify, in writing, all property owners adjacent to the proposed development of the public hearing before the Planning Commission for the preliminary and final dimensioned site development plan.
2. The required notice shall be made in a form approved by the Zoning Administrator. A sufficient number of copies of such notice shall be delivered to the Administrator for mailing to adjacent property owners of record of such properties at least fifteen (15) days prior to the Planning Commission meeting for the preliminary public hearing and the final public hearing.
3. The applicant shall also post the property notifying interested persons of the final public hearing. The notice shall be posted prominently in the vicinity of the property that is subject to the proposed action. The sign shall have a dimension of at least twenty (20) inches wide and thirty (30) inches tall. The lettering shall be at least one (1) inch tall. Such sign(s) shall be posted at least seven (7) days prior to the hearing.
4. Both the letter and posted notification shall contain the following:
a. Date of hearing;
b. Location of hearing;
c. Time of hearing;
d. Description of property;
e. Brief description of proposed development.
G. Applications requiring a public hearing under this code shall be held within one hundred eighty (180) days of receipt of the complete application by the Zoning Administrator. All applications to the Board of Adjustment shall be filed with Zoning Administrator within ten (10) days of the order, requirement, decision or determination sought to be appealed.
H. The following table indicates the public hearings and meetings that are required to obtain development approval.
|
|
Planning Commission |
City Council |
|---|---|---|
|
Preliminary site development plan |
Hearing |
Meeting |
|
Final dimensioned site development plan |
Hearing |
Meeting |
(Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § l (part))
17.32.070 Review of the final dimensioned site development plan.
An applicant shall submit a minimum of five (5) twenty-four (24) inch by thirty-six (36) inch sets and five (5) eleven (11) inch by seventeen (17) inch sets of the final site development plans and required reports and studies to the Zoning Administrator in sufficient time to permit review by that official, but not less than twenty (20) days prior to the regular Planning Commission meeting. The Zoning Administrator shall schedule the public hearing for the final site plan no later than one hundred eighty (180) days after a complete final dimensioned site development plan was submitted to the Zoning Administrator. The Zoning Administrator shall review the final site development plan for compliance with this title and any Council conditions of the preliminary plan approval, and shall submit a report to the Planning Commission at least five (5) days prior to the regular Planning Commission meeting at which the Commission will hold the public hearing. The report shall confirm the following:
A. The plans are, or are not or are with conditions, in compliance with this title and the Glendale land use master plan;
B. All documents, drawings and approvals required prior to the Planning Commission’s approval have been received;
C. All development review fees have been paid;
D. All dedications and on- and off-site improvements have executed an improvements agreement securing the construction of such improvements in a form and in an amount acceptable to the city of Glendale;
E. All conditions imposed by the preliminary site plan approval have been satisfied; and
F. Any other recommendations or information that may be appropriate.
G. In the discretion of the Zoning Administrator, the report shall either include, modify and/or integrate the staff reports from the Public Works Director and the CPTED Administrator.
The Planning Commission shall review the plan at the hearing. The Planning Commission shall determine if the final dimensioned site development plan is in substantial compliance with the preliminary site development plan as approved by the Council with any amendments, changes, alterations or other conditions of approval placed upon the preliminary site development plan, as well as all of the provisions of this title and all other laws, regulations and/or requirements of the city. The Planning Commission may in its sole discretion continue the public hearing as necessary to obtain additional public comment or information. Upon the closing of the public hearing, the Planning Commission shall issue its recommendation within sixty-five (65) days. The Planning Commission shall forward the plan to the City Council along with a recommendation that the plan be approved, with or without conditions, or disapproved. Upon receipt of the Planning Commission’s recommendation, the Council shall hold a public hearing within one hundred (100) days to take action and approve, with or without conditions, or disapprove the final dimensioned site development plan. The City Council may, in its sole discretion, continue the public hearing as necessary to obtain additional public comment or information. Upon the closing of the public hearing, the City Council shall issue its decision within sixty-five (65) days. (Ord. 2018-2 § 1 (part): Ord. 2014-11 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.080 Filing the final dimensioned site development plan.
Upon Council approval of the final dimensioned site development plan, the plan and all maps and other accompanying documents and/or data thereof shall be filed with the City Clerk and a copy shall be forwarded to the Zoning Administrator. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.085 Resubmittal of denied application.
If an application is denied by the City Council and no appeal to District Court is filed, or if upon appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within twelve (12) months after the date of final decision denying the application. An application may be denied without prejudice and with a waiver of the twelve (12) month restriction. If a waiver is not granted upon denial and conditions have changed to an extent that further consideration of an application is warranted, the Planning Commission, on its own motion, may consider new evidence and waive the twelve (12) month restriction. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part))
17.32.090 Failure to begin planned site development.
A. If, for any reason, no construction has begun, or no permit has been requested therefor, or no use has been established on the site within one (1) year from the date of Council approval of the final site development plan, the Planning Commission may require the landowner and/or applicant to appear before it and to present evidence substantiating that he has not abandoned the project and possesses the willingness and ability to continue its development.
B. In its discretion and for good cause shown, the Planning Commission may extend the period for initiation of the development, but at least annually it must again require the landowner and/or applicant to demonstrate that he has not abandoned the project.
C. In the event the Planning Commission finds that conditions in support of the granting of approval of the final site development have changed so as to raise reasonable questions regarding the landowner’s and/or applicant’s ability to continue with the plan, it may recommend to the Council that approval of the plan be withdrawn. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.100 Rate of construction of open space and utilities—Enforcement.
A. The construction and provision of all common open spaces and public utilities and recreational facilities which are shown on the final site development plan must proceed at no slower rate than the construction of residential and nonresidential structures approved by the plan. From time to time, the Planning Commission shall compare the actual development accomplished with the approved development plan. If the Planning Commission finds that the rate of construction of structures is substantially greater than the rate at which common open spaces and other facilities have been constructed and provided, then the Planning Commission may instruct the Zoning Administrator to discontinue the issuance of permits.
B. In any instance where such action is taken, the Planning Commission shall gain assurance that the relationship between the construction of structures and the provisions of common open spaces and other facilities is brought into adequate balance prior to the continuance of construction. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.110 Security for public improvements.
A. Concurrently with approval of the final development plan, the developer shall furnish the city with, at the city’s option, one of the following:
1. Cash, certified funds, a certificate evidencing good and sufficient performance and payment bond or letter of credit to secure the performance and completion of the public improvements required by this section and the site improvements agreement executed pursuant to subsection C of this section, in an amount equal to one hundred fifty percent (150%) of the estimated cost of said public improvements.
2. No letter of credit or performance bond drawn upon a company, bank or financial institution having any relationship to the developer or any principal, director, officer or shareholder of the developer (other than the relationship of depositor or checking account holder), shall be acceptable. The city may reject any security for any reason.
B. From time to time, as work to be performed and public improvements to be constructed progress to completion, the city may, upon its inspection of and satisfaction with the completion of public improvements or work, cause or request that so much of the security required hereunder be released as corresponds to the completed public improvements or work. Consent to release of funds or security shall not constitute acceptance by the city of such public improvements or work for maintenance purposes.
C. Within thirty (30) days after final plan approval, the developer shall enter into a written site improvements agreement with the city in a form acceptable to the Zoning Administrator.
D. Prior to any site development, the developer shall provide the city with a written warranty of work in a form acceptable to the Zoning Administrator (which warranty may be part of the site improvements agreement) with respect to the public improvements to be constructed, warranting that the work will be free of all defects in design, materials and construction, and will remain serviceable for a period of one (1) year after completion.
E. Except as may be provided in any site improvements agreement, the city shall not accept responsibility for the operation or maintenance of any public improvements until completion of the public improvements and final acceptance thereof by the city. Upon written application by the developer for a certificate of completion, and provided that all payments and other performances herein agreed to be made and performed by the developer have been made and completed, the city shall issue a certificate of completion. Except for defects appearing within one (1) year after the date of the certificate, the city will release the developer from all further liability as to the completed public improvements. Upon issuance of a certificate of completion, all public improvements specified in the certificate shall be deemed approved and accepted by the city, whereupon the specified public improvements shall be owned, operated and maintained by the city.
F. No certificate of occupancy shall be issued for any improvements within the development if such agreement is in default or until the remaining development improvements have been installed to serve the properties for which a certificate of occupancy is sought, unless funds or a performance bond sufficient to guarantee completion and satisfactory to the city have been provided by the developer. In the event such funds are insufficient to complete the public improvements, the city, in addition to any other remedy, may revoke any or all certificates of occupancy relating to the development. No site development may be further processed which is owned, in whole or in part, by a developer who is in default of any site improvements agreement for any site development within the city, or who is in default of any agreement with the city for the payment of any fee or charge. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.120 Changes and amendments.
The terms, conditions, and the adopted final dimensioned site development plan may be changed from time to time as provided in this section:
A. Minor Modifications. The Zoning Administrator or other agent may approve minor modifications in the location, sizing, and height of buildings and structures if required by engineering or other circumstance not foreseen at the time the final dimensioned site development plan was approved so long as no modification violates any standard or regulation set forth in this title.
B. Major Alterations. Major alterations, as determined by the Zoning Administrator, in the final dimensioned site development plan as approved shall be submitted to and reviewed by the Planning Commission and the City Council in the same manner as the final dimensioned site development plan. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))
17.32.130 Maintenance of structures and site improvements.
On and after December 1, 1997, the effective date of the ordinance codified in this section, all structures, and all elements and features of any site plan or site development permitted or approved under this title (including, without limitation, buildings, fences, walls, parking areas, driveways, sidewalks, landscaping, utility lines and irrigation systems) for which structures, site plans or site development the owner thereof or his or her predecessor in interest obtained approval from the city for the construction or establishment, shall be maintained in good repair and in substantially the form, condition and nature which was represented at the time they were constructed. It is the intention of this section that such structures, elements and features of site plans and site developments within the city, having once been approved for construction or development, shall not be allowed to deteriorate to a condition which is in any respect inferior to the condition or state upon which the original approval for construction or development was based. For purposes of this section, the owner of the structure or real property shall be considered the responsible party. Any person convicted in the Municipal Court of a violation of this section shall be subject to the penalties set forth in Section 17.05.030. (Ord. 2018-2 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2005-7 § 1 (part): Ord. 1997-13 § 1 (part))