Chapter 16.04



GENERAL PROVISIONS

16.04.010 Title.
16.04.020 Purpose of title.
16.04.025 Purpose of parcel map regulations.
16.04.030 Primary ridgeline areas-Preservation.
16.04.033 Secondary ridgeline areas, restrictions in.
16.04.037 Blue-line streams-Preservation.
16.04.040 Authority.
16.04.050 Control of design and improvement.
16.04.060 Interpretation.
16.04.070 Powers and duties of the planning commission.
16.04.080 References to other laws.
16.04.090 Disapproval where use prohibited.
16.04.100 Compliance required-Sale, lease or financing.
16.04.110 Sale voidable.
16.04.120 Issuance of permits.
16.04.130 Exceptions.
16.04.150 Authority of planning commission and council.
16.04.160 Acceptance of dedications and improvements.
16.04.170 Division of real property for common use.


16.04.010 Title.


This title shall be known and may be cited as the "Subdivision Ordinance of the City of Glendale." (Prior code º 28-1)

16.04.020 Purpose of title.


A. The purpose of this title and any rules, regulations, standards and specifications adopted pursuant thereto is to control and regulate the division and subdivision of land within the city and such land as may be annexed to the city for the following purposes:

1. To promote and protect the public health, safety, comfort, convenience and general welfare;

2. To protect the character and maintain the stability of the city and its incorporated territory;

3. To establish reasonable standards of design and procedure for subdivisions and for resubdivisions;

4. To further the orderly layout and use of land;

5. To avoid undue concentration of population and overcrowding of land;

6. To lessen congestion in the streets and highways;

7. To facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; and

8. To ensure proper legal description and proper monumenting of subdivided land.

B. These regulations are established with reasonable consideration of the character of the city and with a view toward conserving the value of buildings and land and providing the best possible environment for human habitation. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and development standards contained in Title 30 of this code and the general plan. (Prior code º 28-2)

16.04.025 Purpose of parcel map regulations.


The parcel map regulations are intended to assure compliance with the Subdivision Map Act; to assure lots of a size compatible with the size of existing lots in the immediate neighborhood to preserve property values; to assure proper traffic circulation, and the future development of adjacent properties. (Ord. 5009 º 38, 1993: prior code º 28-13)

16.04.030 Primary ridgeline areas-Preservation.


A. Intent and Purpose. Primary ridgelines are the highest undeveloped and visually dominant ridgelines in a viewshed, recognized by the continuous horizon line formed against the sky. The primary ridgelines are an exhaustible and precious scenic resource of the city and its citizens worthy of preservation for the welfare of all the citizens of Glendale. As the hillsides of Glendale continue to be developed, proper planning is necessary to protect primary ridgelines from grading activities.

B. Applicability. Tentative tract and parcel maps, building plans, and grading plans for any property with primary ridgelines within its boundaries shall include provisions for the complete preservation of such primary ridgeline areas in their natural state.

C. Primary Ridgelines Area Defined. A primary ridgeline area shall be any ridgeline in the city so designated as "primary ridges" on Sheet Nos. OC, OD, 1C, 1D, 2C, 3C, 4A, 4B, 4C, 4D, 5B, 5C, 5D, 6B, 6C, 6D, 6E, 6F, 7B, 7C, 7D, 7E, 7F, 8B, 8C, 8D, BE, 8F, 8G, 9D, 9E, 9F, 9G, 10E, 10F and 10G of the Glendale, Los Angeles County, California, metropolitan area two hundred scale topographic maps which are attached to the ordinance codified in this title, incorporated herein and by this reference made a part hereof.

D. Prohibitions. No grading, engineered slopes, housing construction, streets, utilities or other man-made features shall be permitted within identified primary ridgeline areas.

E. Exceptions. It is recognized that from time to time, it may be necessary for improved public street access or fire protection vehicle access to be taken across identified primary ridges to promote the public health, safety and general welfare, to insure adequate traffic circulation, and to provide appropriate ingress and egress for emergencies. In such cases, the city council/planning commission may declare a need for a public street crossing a primary ridge, and all grading and improvement plans for such public street, including necessary accessory engineered slopes and utility extensions underneath the street, or fire road shall be subject to the approval of the city council/planning commission. Such declaration of need shall be made at a duly noticed and conducted public hearing and the city council/planning commission shall make supportive written findings that each of the following exists:

1. The location of the public street or fire road is proper in relation to adjacent uses, the development of the community and to the various elements and objectives of the general plan.

2. The public street or fire road will not be materially detrimental to the character of the neighborhood nor will it endanger the public health, safety and general welfare.

3. It has been demonstrated that the public street or fire road will improve and enhance traffic circulation in a manner advantageous to the public convenience and welfare, or that the fire road will improve hillside fire protection access to an area.

4. The establishment of the proposed public street or fire road will not impede the normal and orderly development and improvement of surrounding property for permitted uses.

5. The appearance of the proposed public street or fire road will not be so at variance with the appearance of adjoining ridgeline areas as to cause substantial depreciation of ridgeline appearance in the vicinity.

6. Adequate drainage devices, landscaping and other necessary appurtenances will be provided to city standards.

7. Alternative designs for street access have been evaluated and examined and have been determined to be infeasible.

F. Clustering of Development into Nonprohibited Areas. Where protection of environmental resources pursuant to subsection D of this section necessitates preserving portions of a parcel in an undeveloped state, the city shall permit a density transfer for those dwelling units that otherwise would be allowable pursuant to Sections 30.24.090 and 30.28.090 of this code onto less sensitive portions of the parcel.

G. Utilities. Nothing in this section shall prohibit the maintenance, upgrading or improvement of existing public or quasi-public utilities which traverse identified primary ridges.

H. Transmission Facilities. Radio wave transmission facilities which have obtained a conditional use permit under the provisions of Title 30 of this code shall be permitted within primary ridgeline areas.

I. Corrective Work. Nothing in this section shall prohibit the city council/planning commission from authorizing grading deemed necessary to correct existing natural hazardous conditions that are brought to the city's attention.

J. The determination that any specific property or portion thereof falls within the area described by subsection C of this section may be appealed pursuant to the city's uniform appeal procedure, Chapter 2.88 of this code. (Ord. 5009 º 8, 1993: prior code º 28-54)

16.04.033 Secondary ridgeline areas, restrictions in.


A. Intent and Purpose. Secondary ridgelines provide a significant visual backdrop or landmark at the community or neighborhood level. Secondary ridges are lower "branches" or "fingers" of the primary ridgelines which extend in different directions, or separate lower ridgelines that provide a visual foreground feature for primary ridgelines or form the boundary of a watershed. The character of the secondary ridgelines must be maintained through the course of development to protect their importance at a community or neighborhood level.

B. Applicability. Tentative tract and parcel maps, building plans, and grading plans for any property with secondary ridgelines within its boundaries shall include provisions for the complete preservation of such secondary ridgeline areas in their natural state.

C. Secondary Ridgelines Defined. A secondary ridgeline shall be any ridgeline in the city so designated as "secondary ridges" on Sheet Nos. OC, OD, 1C, 1D, 2C, 3C, 4A, 4B, 4C, 4D, 5B, 5C, 5D, 6B, 6C, 6D, 6E, 6F, 7B, 7C, 7D, 7E, 7F, 8B, 8C, 8D, 8E, 8F, 8G, 9D, 9E, 9F, 9G, 10E, 10F and 10G of the Glendale, Los Angeles County, California, metropolitan area two hundred scale topographic maps which are attached to the ordinance codified in this title, incorporated herein and by this reference made a part hereof.

D. Prohibitions. No grading, engineered slopes, housing construction, streets, utilities, or other man-made features shall be permitted within identified secondary ridgeline areas.

E. Exceptions. All exceptions listed in Section 16.04.030E of this chapter shall also apply to secondary ridgelines. In addition, the city council/planning commission may permit development within secondary ridgeline areas if it is found at a properly noticed public hearing that the strict application of this section prevents reasonable development due to the size, shape or location of the parcel or the necessity for public street access, subject to the following criteria:

1. Manufactured slopes limited to a maximum steepness of 1.5:1 horizontal to vertical and a height of twenty-five feet.

2. Retaining walls limited to a maximum height of five feet, and no more than two successive retaining walls, provided that they are separated by a minimum of five feet with a maximum 2:1 slope between the walls.

3. Cribwalls or successive cribwalls limited to a maximum height or combined height of fifteen feet.

4. Structures limited to a maximum of fifteen feet or one story in height, and the roof shall be pitched to follow the slope of the hillside.

5. Grading and structures must be located as far away from the crest of the secondary ridgeline as possible, given the physical limitations of the property.

6. Grading and structures must be consistent with the intent and purpose of the hillside design guidelines adopted by resolution of city council.

7. A naturalizing landscape palette as found in the landscape guidelines for hillside development must be used for all slope revegetation.

8. Notwithstanding the above criteria, this section does not preclude the granting of exceptions pursuant to Section 16.04.130 of this code.

F. Clustering of Development into Nonprohibited Areas. Where protection of environmental resources pursuant to subsection D of this section necessitates preserving portions of a parcel in an undeveloped state, the city shall permit a density transfer for those dwelling units that otherwise would be allowable pursuant to Sections 30.24.090 and 30.28.090 this code onto less sensitive portions of the parcel.

G. The determination that any specific property or portion thereof falls within the area described by subsection C of this section may be appealed pursuant to the city's uniform appeal procedure, Chapter 2.88 of this code. (Ord. 5009 º 9, 1993: prior code º 28-54.1)

16.08.037 Blue-line streams-Preservation.


A. Intent and Purpose. Blue-line streams are significant stream channels either with or without year-round running water as mapped on the most recently published U.S. Geological Survey 7.5 minute series topographic maps. Blue-line stream areas provide surface and/or ground water for vegetation and wildlife, as well as a natural corridor for wildlife movement. Blue-line steam courses are an important defining characteristic of the hillsides and are worthy of preservation for the welfare of all the citizens of Glendale.

B. Submission of Plans. Tentative tract and parcel maps, building plans, and grading plans for any property with blue-line streams within its boundaries shall include provisions for the complete preservation of areas within one hundred horizontal feet of the actual stream course.

C. Blue-Line Streams Defined. A blue-line stream shall be any natural stream course mapped with a blue-line pattern or the most recently published U.S. Geological Survey 7.5 minute series topographic maps for the Burbank, Pasadena, Sunland and Condor Peak quadrangles, and as indicated on Sheet Nos. OC, OD, 1C, 1D, 2C, 3C, 4A, 4B, 4C, 4D, 5B, 5C, 5D, 6B, 6C, 6D, 6E, 6F, 7B, 7C, 7D, 7E, 7F, 8B, 8C, 8D, 8E, 8F, 8G, 9D, 9E, 9G, 10E, 10F and 10G of the Glendale, Los Angeles County, California, metropolitan area two hundred scale topographic maps which are attached to the ordinance codified in this title, incorporated herein and by this reference made a part hereof.

D. Prohibitions. No grading, engineered slopes, housing construction, streets, utilities, or other man-made features shall be permitted within thirty feet of the centerline of any identified blue-line stream. Grading may be allowed between thirty and one hundred feet from the centerline of any identified blue-line stream, provided that any riparian habitat shall be fully preserved.

E. Exceptions, Public Streets and Fire Roads. When no feasible alternative to crossing a blue-line stream with a public street or fire road is available, a plan to preserve the stream course and wildlife corridor shall be developed which provides sufficient mitigation to allow the stream and wildlife corridor to pass underneath the road. Notwithstanding these criteria, this section does not preclude the granting of exceptions pursuant to Section 16.04.130 of this code.

F. Clustering of Development into Nonprohibited Areas. Where protection of environmental resources pursuant to subsection D of this section necessitates preserving portions of a parcel in an undeveloped state, the city shall permit a density transfer for those dwelling units that otherwise would be allowable pursuant to Sections 30.24.090 and 30.28.090 of this code onto less sensitive portions of the parcel.

G. The determination that any specific property or portion thereof falls within the area described by subsection C of this section may be appealed pursuant to the city's uniform appeal procedure, Chapter 2.88 of this code. (Ord. 5009 º 10, 1993: prior code º 28-54.2)

16.04.040 Authority.


The authority for the regulations of this title is taken pursuant to the provisions of Sections 8j and 11 of Article XI of the Constitution of California and the Subdivision Map Act, Division 2 of Title 7, of the Government Code (commencing with Section 66410) of the state of California. (Prior code º 28-3)

16.04.050 Control of design and improvement.


Control of the design and improvement of subdivisions is vested in the council. (Prior code º 28-4)

16.04.060 Interpretation.


A. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements for the promotion of the public health, safety and general welfare.

B. Where the conditions imposed by any provisions of these regulations upon the subdivision of land are either more restrictive than comparable conditions imposed by any other provisions of these regulations or of any other applicable law, order, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

C. These regulations are not intended to abrogate any easement, covenant or any other private agreement. (Prior code º 28-5)

16.04.070 Powers and duties of the planning commission.


A. The planning commission as advisory agency to the council is charged with the duty of making investigations and reports on the design and improvements of subdivisions subject to procedures specified by law and this code.

B. The planning commission, as responsible authority for parcel maps, is charged with the duty of making investigations and determinations on the design and improvement of parcel maps subject to procedures specified by law and this code. (Prior code º 28-6)

16.04.080 References to other laws.


Whenever references are made to any portion of this title or any other ordinance or statute, such references shall apply to all amendments now or hereafter made. (Prior code º 28-7)

16.04.090 Disapproval where use prohibited.


The planning commission may recommend disapproval and the council may disapprove a tentative map if the only practical use which can be made of the property as proposed to be subdivided is a use prohibited by any provisions of the charter or of this code or conflicts with or is contrary to the general plan or specific plan of the city or other valid regulation or ordinance of the city. (Prior code º 28-9)

16.04.100 Compliance required-Sale, lease or financing.


A. It is unlawful for any person as principal, agent or otherwise, to divide or subdivide for lease, sale or financing into two or more parcels of real property, whether improved or unimproved, in the city, unless and until all of the requirements provided in this title in relation thereto shall have been complied with. Such requirements shall not apply to the leasing of apartments, offices, stores, or similar spaces within an apartment building, industrial building, commercial building or trailer park. This section shall not prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease, financing or construction is expressly conditioned upon the approval and filing of a final subdivision map or parcel map.

B. It is unlawful for any person as seller, buyer, agent, or otherwise, for the purpose of violating or nullifying the provisions of this title, knowingly to: allow a transfer of title to property, or any part thereof, to take place by adverse possession or prescription; or to effect a successive series or division or subdivision of a larger parcel into smaller parcels and then each or any of the smaller parcels into smaller parcels in the city; or to do or perform any other act, or wilfully omit to do any act for the purpose of evading or nullifying the provisions of this title. (Prior code º 28-10)

16.04.110 Sale voidable.


Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representatives or trustee within one year after the date of execution of the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated. However, nothing contained in this section shall be deemed to render void or voidable any trust deed mortgage, or other encumbrance in the hands of a bona fide holder for value. (Prior code º 28-11)

16.04.120 Issuance of permits.


No building or use and occupancy permit, or any variance, conditional use permit, or other zoning permit shall be granted for buildings or structures on lots or parcels created without the approval required by the provisions of this title. (Prior code º 28-12)

16.04.130 Exceptions.


It is realized that certain parcels of land exist of such size, shape, location, topography, subject to such title restrictions, and sold and devoted to such usage, that it is impractical for the owner to conform to the rules, regulations and standards of this title when divided or subdivided. In such cases, the planning commission or the council may determine that conditions affecting the property in question warrant and require that exceptions be made; provided, however, that no exceptions may be made to any requirement imposed by the Subdivision Map Act, and shall not have the effect of nullifying the intent and purposes of these regulations. No exception shall be made unless the planning commission or council makes a finding or findings in writing that such exceptions are necessary, stating the reasons and grounds therefor. (Ord. 5009 º 11, 1993: prior code º 28-55)

16.04.150 Authority of planning commission and council.


A. The planning commission and council shall, in recommending approval of any subdivision or approving any subdivision, consider the housing needs of the region and balance such needs against the public service needs of the neighborhood and/or future residents and available fiscal and environmental resources. The planning commission and council shall, in recommending approval of any subdivision or approving any subdivision, determine that adequate access exists to all lots in relation to surrounding areas and shall have the authority to recommend disapproval of any subdivision or disapprove any subdivision where access is or would be inadequate in view of contemplated traffic.

B. The planning commission and council shall have the authority to recommend disapproval of the development of a subdivision or disapprove a subdivision in areas where protection against fire or flooding cannot be provided without excessive cost to the city or where grading would endanger areas of lower or higher elevation due to uncorrectable erosion and slides or where geological conditions indicate an uncorrectable, unstable situation would exist if the earth form or vegetation were disturbed.

C. The planning commission and council shall have the authority to recommend the disapproval of the development of any subdivision or disapprove any subdivision where it determines that such subdivision will create an adverse environmental effect on a neighborhood or the community as a whole. The planning commission and council shall take into consideration the following factors:

1. Utilities;

2. Water supply and quality;

3. Sewage disposal;

4. Soil and geological condition;

5. Fire protection;

6. Habitat preservation;

7. Ridgeline area and blue-line stream preservation;

8. Visual impacts;

9. Traffic and circulation;

10. Other environmental considerations.

D. The planning commission and council shall recommend the disapproval of the development of any subdivision or disapprove any subdivision where it determines that any of the following findings apply:

1. The proposed map is not consistent with applicable general and specific plans;

2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. The site is not physically suitable for the type of development;

4. The site is not physically suitable for the proposed density of development;

5. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. The design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The commission or council may recommend approval of a map or approve a map if it finds that alternate easements, for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public.

E. The planning commission or council shall, in recommending approval of any subdivision or approving any subdivision, determine that the design or improvement of the proposed subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. The planning commission or council shall, in recommending approval of any subdivision or approving any subdivision, determine that the discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of

existing water quality control requirements pursuant to Section 66474.6 of the Subdivision Map Act.

F. Where a residential subdivision is found to be in compliance with applicable general plan policies and codes and ordinances of the city, the planning commission or council shall, in recommending approval of a lower density or denial of any such residential subdivision or approving of a lower density or denying any such residential subdivision, make written findings supported by substantial evidence on the record that the project would have a specific, adverse impact upon the public health and safety unless modified to a lower density or denied, and that there is no feasible method to satisfactorily mitigate or avoid said identified adverse impact other than modified approval to a lower density or denial. (Ord. 5046 º 2, 1993: Ord. 5009 º 13, 1993: prior code º 28-92)

16.04.160 Acceptance of dedications and improvements.


At the time the final map is approved, the council may withhold acceptance of any dedication for any street, alley or easement on behalf of the public until all improvements have been installed and attendant conditions and requirements met. All offers of dedication shall remain open and the council may accept such dedication by resolution at any later date, and without further action on easements for public use, which acceptance shall be recorded in the office of the county recorder. (Ord. 5009 º 14, 1993: prior code º 28-112)

16.04.170 Division of real property for common use.


The planning commission may recommend and the city council may require that any portion of real property being divided which is devoted to or proposed by the owner to be devoted to uses deemed to be recreational or leisure areas, be designated as not a buildable lot and limited to certain uses and may require the applicant to provide for the permanent maintenance and insurance of access to all interested property owners. (Ord. 5009 º 15, 1993: prior code º 28-80)