Burbank Municipal Code Art. 1 General Provisions

The purpose of this chapter is to regulate and control the division and reversion to acreage of land within the City and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of maps, and the procedure to be followed in securing official City approval of such maps, consistent with the City’s General Plan, the provisions of this code, and the public health, safety and welfare. [Formerly numbered Section 27-1; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

The following words and phrases whenever used in this chapter, unless the context otherwise clearly indicates, shall be construed as defined herein:

ALLEY: As defined in Section 10-1-203 of this code.

APPROVING BODY: The Council if a final map is to be filed or the Director of Community Development if a parcel map is to be filed.

CENTERLINE: A line established by the City Engineer and designated as “centerline”, “adopted centerline”, or “construction centerline”.

COLLECTOR STREET: A street whose primary function is to carry vehicular traffic from local streets to major and secondary arterials.

COMMISSION: The City Planning Commission.

CONDOMINIUM SUBDIVISIONS: Shall include the conversion of residential real property to condominiums, community apartment projects, or stock cooperative, or new condominiums that require the filing of a final map.

CUL-DE-SAC STREET: A street which is permanently closed to through traffic and for which a turning area is provided at the termination thereof.

DESIGN: The design requirements referred to in Section 66418 of the Subdivision Map Act.

DIRECTOR: The City Planner of the City.

DRAINAGE FACILITY: Any device or structure which may be used to control the flow of water including, but not limited to, pipes, ditches, berms, channels, culverts, gutters, curbs, walls, pavement, debris basins and appurtenant safety devices.

FINAL MAP: A subdivision map prepared in accordance with the provisions of Article 4 of this chapter.

FLOOD HAZARD: A potential danger to life, land or improvements due to inundation or to storm water runoff having sufficient velocity to deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

FRONTAGE: A line or portion of a lot which abuts a public right of way other than the side line of a corner lot.

FUTURE STREET: Any real property which the owner thereof has offered to dedicate as a public street or highway, which offer has been rejected by the Council subject to the right of the Council to rescind its action and accept the dedication at a later date.

GEOLOGICAL HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

IMPROVEMENT: The improvements referred to in Section 66419 of the Subdivision Map Act.

INSTRUMENT OF CREDIT: An instrument of credit from a financial institution which is subject to regulation by the State or Federal government, pledging that the monies necessary to install the improvements are on deposit and guaranteed for payment.

INUNDATION: Ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to the deposit of silt and debris.

LEASE: An oral or written agreement or contract, tenancy at will, month to month or similar tenancy.

LOCAL STREET: A street whose primary function is providing access to abutting property.

LOT: As defined in Section 10-1-203 of this code.

MAJOR ARTERIAL: A street whose primary purpose is to move through traffic from freeways to collector and local streets as well as serving larger industrial and commercial centers.

OWNER: The person having title to the land proposed to be subdivided or reverted to acreage.

PAD: A building site prepared by artificial means, including grading, excavation or filling, or any combination thereof.

PARCEL MAP: A subdivision map prepared in accordance with the provisions of Article 7 of this chapter.

PARKWAY: That portion of a street or highway which lies between the roadway and right of way line.

PEDESTRIAN ACCESS RIGHTS: The right of owners or occupants of land abutting a street or highway to gain access to such street or highway on foot.

PONDING: Standing water of minor depths in local depressions.

PRIVATE STREET: A parcel of land not dedicated as a public street over which a private easement for street purposes has been granted to the owners of property receiving access therefrom, and the instrument creating such easement has been duly recorded in the office of the County Recorder, and such easement has been determined by the approving body to be adequate and in keeping with the purpose of this chapter.

REVISED TENTATIVE MAP: A tentative map that has been revised.

ROADWAY: That portion of a street or highway intended to accommodate the movement of vehicular traffic.

SECONDARY ARTERIAL: A street whose primary purpose is to move through traffic from freeways and major arterials to collector and local streets as well as serving secondary traffic generators such as small business centers, schools, parks and multiple-family residence areas.

SERVICE ROAD: A street, generally parallel and adjacent to a freeway or highway, which affords limited access to such freeway or highway and direct access to abutting property or local streets, or both.

SERVICE ROAD ISLAND: That area which lies between the roadways of a limited access arterial and a service road.

SHEET OVERFLOW: Water of minor depth or water flowing at velocities less than those necessary to produce serious scars to the earth’s surface.

STREET LIGHTING SYSTEM: An approved arrangement of ornamental street lighting standards and appliances providing for the lighting of streets or highways.

SUBDIVIDER: A person who proposes to divide, divides or causes to be divided real property into a subdivision for themselves or others.

SUBDIVISION: The division of any improved or unimproved land, shown on the latest equalized county assessment roll as a contiguous unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easements or railroad rights of way.

SUBDIVISION MAP ACT: The provisions of Title 7, Division 2 of the State Government Code (Sections 66410-66499.37).

TENTATIVE MAP: A subdivision map prepared in accordance with the provisions of Article 2 of this chapter.

VEHICULAR ACCESS RIGHTS: The right of owners or occupants of land abutting a street or highway to gain access to such street or highway by vehicular means. [Formerly numbered Section 27-2; amended by Ord. No. 22-3,983, eff. 12/16/22; 3255, 3058, 2930, 2490, 2197.]

A. Planning Commission: For those subdivisions requiring a final map, except condominium subdivisions, the City Planning Commission shall make investigations and reports on the design and improvement of the proposed divisions of land and shall constitute the “advisory agency” referred to in the Subdivision Map Act.

B. Community Development Director: For those subdivisions requiring a parcel map and for all condominium subdivisions, the Community Development Director shall make investigations and reports on the design and improvement of the proposed divisions of land and shall have the authority to approve, conditionally approve or disapprove maps, and shall constitute the “advisory agency” referred to in the Subdivision Map Act. [Formerly numbered Section 27-3; amended by Ord. No. 22-3,983, eff. 12/16/22; 3255, 3058, 2197.]

No person shall subdivide real property except as provided in this chapter and the Subdivision Map Act. [Formerly numbered Section 27-4; renumbered by Ord. No. 3058, eff. 2/21/87; 2490, 2197.]

A tentative map and final map shall be required for subdivisions of five (5) or more parcels, five (5) or more condominiums, and community apartment projects of five (5) or more parcels, except as otherwise provided in Section 11-1-106 of this article. [Added by Ord. No. 2490; formerly numbered Section 27-4.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

A tentative map and parcel map shall be required for subdivisions of less than five (5) parcels, less than five (5) condominiums, and community apartment projects of less than five (5) parcels, and shall also be required regardless of the number of parcels created if:

A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street and no new dedications of improvements are required by the Council or Planning Commission; or

B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street; or

C. The land consists of a parcel or parcels of land having approved access to a public street which comprises part of a tract of land zoned for commercial or industrial development, and which has the approval of the approving body as to street alignments and widths; or

D. Each parcel created by the division has a gross area of forty (40) acres or more, or each of which is a quarter-quarter section or larger. [Formerly numbered Section 27-5; amended by Ord. No. 22-3,983, eff. 12/16/22; 3255, 3058, 2490, 2197.]

A parcel map shall not be required for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights of way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates such map. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. [Added by Ord. No. 2490; formerly numbered Section 27-5.1; renumbered by Ord. No. 3058, eff. 2/21/87, 2633.]

Short term leases terminable by either party (on not more than 30 days’ written notice) of a portion of the operating right of way of a railroad corporation defined as such by Section 230 of the Public Utilities Code shall be exempt from Section 11-1-106 of this article unless a showing is made in individual cases, under substantial evidence, that public policy necessitates that a tentative map and parcel map and regulations applicable thereto are necessary. [Added by Ord. No. 2490; formerly numbered Section 27-5.2; renumbered by Ord. No. 3058, eff. 2/21/87.]

A lot line adjustment between two (2) or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and a greater number of parcels than originally existed is not thereby created, shall be exempt from the parcel map requirements of Section 11-1-106 and 11-1-114 of this article if a waiver is obtained pursuant to the provisions of Section 11-1-713 of this chapter. [Added by Ord. No. 2565; formerly numbered Section 27-5.3; renumbered by Ord. No. 3058, eff. 2/21/87.]

This chapter shall not apply to:

A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings and mobilehome parks or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the State Health and Safety Code. [Formerly numbered Section 27-6; renumbered by Ord. No. 3058, eff. 2/21/87; 2490, 2197.]

Subject to the provisions of Section 11-1-112 of this article, no person shall make any division of land described in Section 11-1-104 or 11-1-106 of this article without complying with the design standards and the survey, dedication and improvement requirements of this chapter and Title 10 of this code. [Formerly numbered Section 27-7; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

Exceptions may be made to design standards and to dedication and improvement requirements other than those prescribed by Title 10 of this code, if it is found:

A. That the strict application of such standard would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter;

B. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property being subdivided;

C. That the granting of the exception will not be materially detrimental to the public welfare injurious to the property or improvements in the immediate vicinity; and

D. That the granting of the exception will not be contrary to the objectives of this chapter. Such findings shall state the reasons and grounds for making the exception. [Formerly numbered Section 27-8; renumbered by Ord. No. 3058, eff. 2/21/87; 2316, 2197.]

No person shall construct or enlarge any building or structure on land divided in violation of this chapter, nor shall any permit be issued for such work. [Formerly numbered Section 27-10; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

No lot or parcel shown on a parcel map shall be sold, leased, or financed before the map is filed with the County Recorder, except that a person may offer to sell or contract to sell such lots or parcels if the offer or contract provides in writing that the transfer of title, and close of escrow, if any, are conditioned upon the approval and filing of the parcel map before consummation of the sale. [Formerly numbered Section 27-11; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

Reference is made to Chapter 7 of the Subdivision Map Act for proceedings, actions and remedies against illegal subdivisions. [Formerly numbered Section 27-12; renumbered by Ord. No. 3058, eff. 2/21/87; 2490, 2197.]

If any portion of land to be subdivided is subject to sheet overflow or ponding of local storm water, or should the depth to ground water be less than ten feet (10') from the ground surface, the Planning Director shall inform the State Real Estate Commissioner of such fact if the land to be subdivided constitutes “subdivided lands” or a “subdivision” as defined in Sections 11000 and 11004.5 of the State Business and Professions Code. [Formerly numbered Section 27-13; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]