This chapter establishes regulations and standards to promote
safe and appealing parkways. The intent of the chapter is as follows:
A. Establish
standards that promote safe, accessible and aesthetically pleasing
parkway areas along all public rights-of way;
B. Encourage
the use of water efficient landscaping;
C. Establish
standards that promote access and prohibit obstructions;
D. Allow
for flexibility for a variety of landscaping options;
E. Protect
public health, safety, and welfare by enhancing pedestrians, bicyclist
and vehicular traffic safety;
F. Reduce
urban runoff by ensuring the preservation of permeable surface for
the absorption of rain water;
G. Reduce
the urban heat island effect and enhance the local micro-climate.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
"Drip line"
has the same meaning ascribed to the term "drip line" in Section
12.44.020 of this code.
"Parkway"
has the same meaning ascribed to the term "parkway" in Section
12.04.005 of this code.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
The following regulations shall apply for landscaping of all
parkways:
A. Non-living
material, such as hardscape, decorative rock and permeable surfaces,
shall not exceed 18 inches in height.
B. All landscaping in parkways, whether composed of living or non-living materials, shall be permanently maintained in a clean, orderly and healthy manner at all times, pursuant to requirements set forth in Chapter
8.32 of the Glendale Municipal Code.
C. All
irrigation systems in the parkway shall be maintained in good repair
and working condition. Said systems shall be adjusted so as not to
spray across or into any sidewalk, driveway, and/or street.
D. To
promote pedestrian access, a step-out strip along the length of the
curb shall be provided for passengers to enter and exit vehicles parked
at the curb, except when there is a red curb or tree roots preclude
it. The strip must be a reasonably walkable surface (such as turf,
permitted hardscape or other permitted walkable ground cover) extending
at least 18 inches from the back of the curb.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
The following regulations shall apply for landscaping of parkways
in single-family or multi-family residential zones:
A. All
parkways in single-family or multi-family residential zones shall
be landscaped with live plant materials, or a combination of live
plant materials and non-living materials such as hardscape and permeable
surfaces. Examples of non-living material that may be installed in
the parkway include, but are not limited to: stepping stones, stones,
loose rock, wood chips, gravel and/or concrete carriage walks.
B. Live
plant materials shall compose more than 30% of the residential parkway,
exclusive of permitted driveways. Other than permitted nonliving material,
all areas shall be covered with live plant material.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
A. A permit
from the director of public works shall be required for the installation
or maintenance in the parkway of any living or non-living material
greater than 12 inches in height. It is unlawful for any person to
install and/or maintain such landscaping or non-living materials in
the parkway prior to applying for and obtaining any required permit
from the director of public works.
B. Parkways in commercial and industrial zones are regulated by the Commercial and Industrial Property Maintenance Code in the Glendale Supplement to the
California Building Code and pursuant to the requirements set forth in Chapter
8.32 of the Glendale Municipal Code.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
Notwithstanding any other provision of this code, it is unlawful
for a person to do or to cause to be done any of the following in
the parkway:
A. Without
a permit from the director of public works, install any living or
non-living material in the parkway greater than 12 inches in height;
B. Install
any non-living materials more than 18 inches in height;
C. Install
any plant material in the parkway that contains poisonous to touch
plants;
D. Pave,
brick, or completely cover 70% or more of the parkway area with any
hardscape or non-living material, including, but not limited to, stones,
stepping stones, loose rock, wood chips, or gravel in a residential
area;
E. Install
any plant material that bears fruits and/or vegetables;
G. Install
landscaping that endangers the life, limb, health, property, safety,
or welfare of the public by creating a traffic hazard, obstructing
vision, obstructing traffic signs or signals;
H. Install
landscaping or objects that preclude the passage of pedestrians along
the sidewalk or from parking spaces or ramps to the sidewalk;
I. Install
ivy or other dense ground covers that harbor or attract rodents and
other pests and obscure the ground surface making it difficult to
walk over;
J. Install
any objects or plant materials that block access to a fire hydrant
or impair the health of a city street tree;
K. Plant trees, except as permitted under Section
12.40.050.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
The following shall be exempt from the permit requirements contained in Section
12.48.060:
A. The director of public works may exempt a landscape plan from permit requirements and specific provisions of this chapter in order to ensure consistency with a development plan, subdivision or project granted a discretionary entitlement under Title
30. Any person (including, but not limited to, an owner, architect, engineer, contractor or developer) who applies for a grading permit, building permit, land use permit under Title
30 of this code, subdivision map application under Title
16 of this code, or any other similar land development permit or entitlement, shall submit an application including an accurate landscaping plan showing the exact location of each proposed living and non-living material component for the parkway area.
B. Any objects installed with an encroachment permit pursuant to Chapter
12.08 of this code.
C. Work
installed by employees, agents and contractors of the city acting
under the authority of the director of public works.
D. Any
work in the parkway which is required by federal or state law of general
application.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
The application for the permit required under Section
12.48.060 shall:
A. State
the variety, size and location of all plant material proposed to be
installed in the parkway.
B. State
the type, size and location of all non-living materials to be installed,
constructed, deposited or maintained.
C. Require
submittal of a plan or diagram which clearly identifies each plant
material, non-living material and irrigation component proposed.
D. State
the individual's or company's name, address, daytime telephone number,
and state contractor's license number (if required by law to have
a license), in the event the applicant has engaged the services of
an individual or a company to perform the work on the parkway.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
A. The director of public works shall approve, conditionally approve, or deny the application for the permit required in Section
12.48.060. The director of public works may require the applicant to provide additional information which does not appear on the application and may be needed for taking action on the application. The director of public works may impose any one or more reasonable conditions that he or she deems necessary to implement the provisions of this chapter.
B. No
permit shall be issued if any of the following are proposed to be
installed in a parkway:
2. Impediments
to accessibility from the curb to the sidewalk (this includes the
presence of objects or plants that may prevent all persons from traversing
the parkway area);
3. Non-drought
tolerant living plant material that is not California-friendly plantings,
when a city council approved mandatory water conservation ordinance,
including water use restriction is in effect;
4. Any
object, living or non-living that is determined by the director of
public works to be detrimental to the public health and safety.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
The city council shall establish by resolution the permit fee
for any permit required under this chapter. Fees will be subject to
annual revision and adjustment to reflect current administrative costs.
An applicant for a permit shall pay the full fee when the applicant
submits the permit application. The director of public works shall
not accept an application for a permit under this chapter, unless
the applicant pays the fee in full.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
A. When
the director of public works determines that a responsible party has
violated any of the terms of this chapter or that a planting, installation
or construction in the parkway has created a hazardous situation,
public emergency, or threat to the public health, safety or welfare;
has resulted in a public nuisance; or when a paramount public purpose
exists; the director of public works is authorized to issue an order
to the responsible party to stop all work that is creating such a
condition, to impose new conditions upon a permit, or to suspend,
terminate, or revoke a permit by notifying the permittee of such action
in writing with seven days' prior notice.
B. Any person aggrieved by a decision of the director of public works to grant, conditionally grant, deny, suspend, impose new conditions upon or revoke any permit under this chapter, may appeal such a decision to the council within the time and the manner provided in the Uniform Appeal Procedure contained in Chapter
2.88 of this code.
(Ord. 5866 § 1, 2015; Ord. 5956 § 3, 2020)
Any property owner required by Section
12.48.130 to repair and maintain any adjacent parkway areas shall owe a duty to members of the general public to maintain such parkway areas in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the adjacent parkway area in a non-dangerous condition as required by Section
12.48.130, any person suffers damage or injury to person or property, the property owner shall be directly liable to such person for the resulting damages or injury.
(Ord. 5956 § 4, 2020)