This title shall be known and may be cited as the "Subdivision
Ordinance of the City of Glendale."
(Ord. 5683 § 1, 2009)
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.
(Ord. 5683 § 1, 2009)
Control of the design and improvement of subdivisions is vested
in the council.
(Ord. 5683 § 1, 2009)
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 tentative tract map subdivisions subject to procedures specified by law and this code, except as provided in subsections
B. and C.
B. The
planning commission, as responsible authority for tentative parcel
maps and tentative tract maps for new condominium projects of seven
units or more, is charged with the duty of making investigations and
determinations on the design and improvement of these maps subject
to procedures specified by law and this code.
C. The
director of community development, as responsible authority for tentative
tract maps for new condominium projects of six units or fewer and
condominium conversions, is charged with the duty of making investigations
and reports on the design and improvements of these maps subject to
procedures specified by law and this code.
D. The
responsible authority may approve, conditionally approve, or deny
tentative maps as provided for in this title.
(Ord. 5683 § 1, 2009; Ord. 5818 § 3, 2013)
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.
(Ord. 5683 § 1, 2009)
A. The
planning commission may recommend disapproval of a tentative tract
map subdivision for which they are the advisory agency to the council
and disapprove a tentative parcel map or tentative tract map for new
condominium projects of seven units or more 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.
B. The
director of community development may disapprove a tentative tract
map for new condominium projects of six units or fewer or a condominium
conversion 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.
(Ord. 5683 § 1, 2009; Ord. 5818 § 4, 2013)
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. Notwithstanding the foregoing, for a parcel or parcels
in compliance with Section 66499.35 of the
Government Code, this section
shall not prohibit the financing of real property or construction
of improvements on real property for projects that have received,
or are eligible to receive, financial assistance from the city or
the housing authority pursuant to a city council or housing authority
approved written agreement for such financial assistance.
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 willfully omit to do any act for the purpose of evading or nullifying
the provisions of this title.
(Ord. 5683 § 1, 2009; Ord. 5838, § 1, 10-21-2014)
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.
(Ord. 5683 § 1, 2009)
No building or permit, or any variance, conditional use permit,
business registration certificate 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.
(Ord. 5683 § 1, 2009; Ord. 5818 § 5, 2013)
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. 5683 § 1, 2009)