Burbank Municipal Code Art. 1 General Provisions

The sea level datum, as determined by the U.S. Coast and Geodetic Survey (1944-1946 adjustment), and established as 626.615 feet above sea level on a monument designated as Bench Mark No. 1 of the City of Burbank and as U.S. Coast and Geodetic Survey Bench Mark “H32 -- Reset 1959” Standard Disc located at the foot of and at the center of the second flight of steps to the main entrance of the Burbank City Hall, 275 East Olive Avenue in the City, is hereby declared to be the datum or base elevation of the City for the purpose of establishing and designating the official grades of the streets, sewers, and other public works in the City. [Formerly numbered Section 26-1; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Green Streets Policy: The Public Works Director shall develop, approve and maintain a policy regarding how and when green streets should be constructed and maintained throughout the City.

B. Green streets: Improvements within the public and private transportation corridors that provide source control of storm water, limit its transport and pollutant conveyance to the collection system, restore predevelopment hydrology to the extent possible, and provide environmentally enhanced roads by incorporating a wide variety of design elements including but not limited to, street trees, sustainable pavements, bioretention, and swales, and are designed to reduce greenhouse gases (GHG), energy consumption during construction, and promote recycling of natural resources.

C. Applicability: The Green Streets Policy shall apply to new streets and road construction of 10,000 square feet or more of impervious surface area, and street and road redevelopment that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. [Added by Ord. No. 15-3,865, eff. 7/17/15.]

For the purpose of this chapter, the term “street” shall mean any public thoroughfare or right of way, including any alley, dedicated or acquired for use as a public thoroughfare or right of way. [Added by Ord. No. 3065, eff. 5/16/87; replaces section repealed by Ord. No. 2602.]

Any person who petitions the Council to vacate a street or highway, or close a street or highway to public use, or vacate a public service easement, shall file such petition with the Community Development Department. Every petition shall be accompanied by the appropriate fees designated in the Burbank Fee Resolution. No petition shall be deemed complete unless such fees have been paid.

Notice of street vacation proceedings shall be mailed, postage prepaid, to owners of property within a radius of one thousand feet (1,000') of the exterior boundaries of the street or alley proposed for vacation at least ten (10) days prior to the action by the Council. [Formerly numbered Section 26-4; amended by Ord. No. 3205, eff. 10/20/90; 3146, 3133, 3065; 3058.]

A. Requirements: Except as otherwise provided in this section no building or structure shall be erected, reconstructed, altered or enlarged, and no building permit shall be issued therefor if such lot is adjacent to the intersection of two (2) alleys and has frontage on both alleys, unless a corner cutoff is dedicated for street purposes as herein specified.

1. Providing:

(a) No such dedication shall be required with respect to those portions of a lot occupied by a building other than an accessory building which exists on November 1, 1978 and remains standing thereafter.

(b) No such dedication shall be required where both alleys in both directions are dedicated so as to provide vehicular access to a publicly dedicated street.

Notwithstanding any other provision in this section said corner cutoff shall be dedicated as specified herein whenever said previously described real property is part of a new tract map or parcel map being recorded subsequent to the effective date of this section.

The Public Works Director, with the approval of the Fire Chief, may approve and allow such variations from the requirements of the dedication contained in this section as said individuals determine are necessary due to the conditions of the terrain and existence of improvements contiguous to the property involved.

B. Dedication Procedure:

1. Any person required to dedicate land by the provisions of this section shall make an offer to dedicate property executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by the title company approved by the Public Works Director.

2. For purposes of this section, dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the offer to dedicate herein provided for.

C. Improvement Procedure: Whenever dedication is required as a condition of issuing a building permit, the City shall assume the expense of paving the area of the dedication unless the dedication is being made as a requirement for filing a tract or parcel map. Said paving shall not be performed unless and until the two (2) adjacent alleys are paved.

D. Dedication Standards: The following standards shall apply as to the required dedication:

1. Intersection of two (2) 15-foot alleys - fifteen feet (15') along each alley.

2. Intersection of a fifteen foot (15') and a twenty foot (20') alley - ten feet (10') along each alley.

3. Intersection of two (2) 20-foot alleys - five feet (5') along each alley.

4. Intersection of two (2) alleys of widths other than those specified - to be proportioned according to the relative width of the two (2) alleys. [Added by Ord. No. 2688; formerly numbered Section 26-4.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Requirements: Except as otherwise provided in this section, no building or structure shall be erected, reconstructed, structurally altered or enlarged, and no permit shall be issued therefor on any lot in any R-3 or less restrictive zone if such lot:

1. Abuts a street which is not dedicated to the ultimate width as set forth by the Council and improved to the satisfaction of the Public Works Director to meet the particular requirements of the street and proposed project for which a permit is requested.

2. Is bounded on two (2) adjacent sides by intersecting streets and does not have the corner of the lot fronted by the intersecting streets dedicated to have a fifteen foot (15') radius or comparable corner cutoff as determined by the Public Works Director depending on the intersecting angle of the streets and improved with sidewalk.

B. Exceptions: The provisions of subsection A of this section shall not apply as follows:

1. When an existing building or accessory structure is within the area otherwise required to be dedicated when said building or accessory building was constructed prior to January 1, 1979, dedication of less than the ultimate width of the street, and improvements thereon, may be required by the Public Works Director depending upon the particular requirements of the street and proposed project in question.

2. Where existing street improvements, street pavement, curb, gutter and sidewalk, exist within the present dedicated area, no further improvements shall be required.

C. Dedication Procedure:

1. In order for a permit to be issued it shall be required that the owner of said property make an offer to dedicate said right of way executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the Public Works Director.

2. For purposes of this section, dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the offer to dedicate herein provided for.

D. Improvement Procedure:

1. Any person required to make improvements by the provisions of this section shall either make and complete them to the satisfaction of the Public Works Director or shall file with the City a bond in such an amount as the Public Works Director shall estimate and determine to be necessary to complete all of the improvements required.

2. Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in this State. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the City may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bonded under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof.

The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California.

3. Whenever the owner elects to deposit a cash bond, the City is authorized in the event of any default on their part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.

4. When a substantial portion of the required improvement has been completed to the satisfaction of the Public Works Director and the completion of the remaining improvements is delayed due to conditions beyond the owner’s control, the Public Works Director may accept the completed portion and consent to a proportionate reduction of the surety and in an amount estimated and determined by the Public Works Director to be adequate to assure the completion of the required improvements remaining to be made.

5. Whenever a surety bond has been filed in compliance with this section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

6. The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the Public Works Director of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the Public Works Director and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

For purposes of this section, improvement shall be considered as satisfactorily assured when the Public Works Director accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to their satisfaction. When the Public Works Director accepts the bond or the work has been completed to their satisfaction they shall notify the Building Director thereof.

E. Issuance of Building Permits: When all dedications and improvements required by this section have been completed or satisfactorily assured a building permit may be issued.

F. Fees Waived: Notwithstanding any other provisions of this code to the contrary, no fee shall be charged for the rendering of any service by the City in connection with any dedication or improvement required by the provisions of this section and not a part of a subdivision proceeding.

G. Lots Affected by Street Widening: On a lot which is affected by street widening required by the provisions of this section, all yard setbacks, required parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widening; however, in applying all other provisions of this chapter, the area of such lot shall be considered as that which existed immediately prior to such required street widening.

H. City May Share The Cost Of Making Unusual Improvements: Upon proper application to the Council and upon recommendation of the Public Works Director, the City may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the Public Works Director determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity of the said improvement. [Added by Ord. No. 2710; formerly numbered Section 26-4.2; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Repair on Streets: No person shall repair a vehicle, or install a part or accessory thereon, while the vehicle is upon a street or City property.

B. Washing on Streets: No person shall wash or clean a vehicle standing upon a street which is within or contiguous to any area zoned for commercial or manufacturing use, or upon City property.

C. Emergency Repairs: This section, shall not prohibit the driver of a disabled vehicle from effecting emergency repairs necessary to enable the vehicle to proceed or to be removed from the street or from City property; nor shall this section apply to the repair, washing or cleaning of City vehicles by City personnel upon City property specifically devoted to the purpose. [Formerly numbered Section 26-5; renumbered by Ord. No. 3058, eff. 2/21/87.]