Chapter 3 — GENERAL REQUIREMENTS

No person shall sell, lease, finance or transfer title nor offer to sell, lease, finance or transfer title to any portion of any subdivision or parcel of land in the city for which a tentative, final or parcel map or waiver certificate is required pursuant to the Subdivision Map Act or this article, unless a parcel, tentative or final map or waiver certificate in full compliance with the Subdivision Map Act and this article has been filed for record by the recorder of the county in which any portion of the subdivision is located.

(Ord. No. 125, 6-2-87)

A tentative and final tract map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units. A tract map shall not be required for a division of land if:

(a)

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the 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 highway, or

(c)

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

(d)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

(Ord. No. 125, 6-2-87)

A tentative and final parcel map shall be required for all land divisions creating four (4) or fewer parcels and for all divisions of land described in subsections (a) through (d) of section 10301 of this article.

(Ord. No. 125, 6-2-87)

Every person submitting a tentative or final tract or parcel map, or application for waiver, certificate of compliance, lot line adjustment or other request for processing as required in this article shall pay a processing fee in the amount established by resolution of the city council. Except as otherwise specified in such resolution, or in this article, such fees shall not be refundable.

(Ord. No. 125, 6-2-87)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of real property within the subdivision or redevelopment that is needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. The subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and public easements.

(Ord. No. 125, 6-2-87)

A condition of approval of a map may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting, and that if the dedication is accepted, such waiver shall become effective in accordance with the terms of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

10306. • Reservation; public uses.

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in the area and location for schools, parks, recreation facilities, fire stations, libraries or other public facilities, subject to the provisions of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

10307. • Soil report.

A preliminary soils report, prepared by a registered civil engineer, and based upon adequate test borings, shall be required for every subdivision for which a final map is required, and shall be subject to the provisions of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

10308. • Reversion to acreage.

Subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

10309. • Improvement agreement and security; release.

Any agreement, performance, or act required or authorized by the Subdivision Map Act for which security may be required shall be secured in the manner provided in Section 66499 of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

Chapter 4 - TENTATIVE MAP

10400. • Tentative map; initiation.

Every proposed division of land requiring the approval of a tract map or parcel map shall be initiated by the submission of a Tentative Map subject to the provisions of the Subdivision Map Act and of this article.

(Ord. No. 125, 6-2-87)

The subdivider shall obtain a map number from the city engineer prior to submitting an application for a tentative map.

(Ord. No. 125, 6-2-87)

A tentative map will be deemed submitted and filed, upon submission to the planning department in completed form, of all documentation and information required pursuant to this chapter and payment of the required processing fees. Tentative maps shall be submitted, accompanied by any additional required documents and copies, to the planning department during business hours on the first Thursday of each month.

(Ord. No. 125, 6-2-87)

10403. • Filing of vesting tentative map.

A vesting tentative map shall be filed and processed in the same manner as a tentative map, except it shall have printed on the title sheet the words "Vesting Tentative Map."

(Ord. No. 125, 6-2-87)

If at any time during the processing of a map under this chapter, it is discovered that any required supporting material has not been filed, the map has been improperly or incorrectly prepared, or that required information has not been submitted, the director shall promptly give written notice thereof to the subdivider. The time limits specified by this chapter shall not run until proper corrections have been made or required material or information has been submitted as required by the notice thereof to the subdivider.

(Ord. No. 125, 6-2-87)

No map of property required by this chapter shall be accepted for filing without the written consent of all persons having a record title interest in the real property as defined in Section 66436 of the Subdivision Map Act.

(Ord. No. 125, 6-2-87)

Each tentative map shall be legibly drawn by a registered civil engineer or licensed surveyor. Each tentative map shall be drawn to such scale as to clearly show the details of the plan thereon. The scale of each map shall not be less than one hundred (100) feet equals one (1) inch.

(Ord. No. 125, 6-2-87)

Each tentative map shall show and contain the following information:

(a)

Map number;

(b)

Name, address and telephone number of subdivider;

(c)

Name, address and telephone number of record owner of property;

(d)

Name, address and telephone number of registered civil engineer or licensed surveyor who prepared the tentative map;

(e)

Sufficient legal description of the property as to define the boundaries of the proposed land division;

(f)

Amount of acreage within the proposed parcel;

(g)

Date, north point, and scale;

(h)

Names, location, and width of proposed streets with approved access to the parcel;

(i)

Location and width of proposed easements and rights-of-way;

(j)

Location and width of existing recorded easements and public rights-of-way;

(k)

The name, if any, location, width, and approximate grade of existing streets, alleys, highways and easements which are within or adjacent to the proposed division of land;

(l)

Vicinity map;

(m)

Contour lines including the location and width of watercourses;

(n)

Proposed land use classification of parcel;

(o)

Location of existing utilities, water wells, septic tanks and leach lines;

(p)

Number of each lot;

(q)

Radius and length of curves;

(r)

Location of underground irrigation and drainage lines; and

(s)

Number, location and size of all existing oak trees.

(Ord. No. 125, 6-2-87)

Environmental review shall be required for any proposed division of land which requires a tract map or parcel map, pursuant to the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 125, 6-2-87)

(a)

If it is impossible to place upon the tentative map any matter required by this section, such information shall be submitted with the map.

(b)

Twenty-five (25) legible copies of each tentative map shall be submitted with each tentative map.

(Ord. No. 125, 6-2-87)

Upon payment of the required fees and submission of all information and documentation required by this chapter, the director shall transmit copies of the tentative map to public agencies and utilities having an interest in the proposed land division. Each of the interested public agencies and utilities may forward to the director a written response of its findings and recommendations thereon.

(Ord. No. 125, 6-2-87)

Prior to the hearing by the planning commission, the subdivision review committee shall review the tentative tract map and relevant documents. All subdivision review committee meetings shall be open to the subdivider and/or its representative. The committee shall inform the subdivider of its recommendation with respect to the tentative map and shall advise the subdivider to consult with appropriate agencies regarding the proposed division of land. The committee shall report its conclusions and findings regarding the tentative map to the planning commission, which report shall be incorporated into the final staff report prepared for the tentative map.

(Ord. No. 125, 6-2-87)

Cross reference— Conversions, departments and boards, § 2801 et seq.

10412. • Public hearing; notice.

The planning commission shall hold a public hearing on all tentative maps filed with the city within fifty (50) days after the filing of such tentative map. Notice of the time, place and subject of the hearing shall be given at least ten (10) days prior to the hearing as follows:

(a)

Mailed to the subdivider and all persons shown on the last equalized assessment role as owning real property within seven hundred fifty (750) feet of the subject property;

(b)

Published once in a newspaper circulated daily in the city; and

(c)

Posting at the subject property.

Any interested person may appear at such hearing and be heard.

(Ord. No. 125, 6-2-87)

The planning commission shall either approve, conditionally approve, or disapprove all tentative maps filed with the city within fifty (50) days after the filing thereof. However, if an environmental impact report is prepared, the planning commission shall render its decision within forty-five (45) days after certification of the environmental impact report. The time limits specified in this chapter for acting on tentative maps may be extended by mutual consent of the subdivider and the planning commission.

(Ord. No. 125, 6-2-87)

10414. • Findings.

No tentative map shall be approved unless it complies with the provisions of the Subdivision Map Act and of this article. The planning commission shall deny approval of a tentative map if it makes any of the following findings:

(a)

The proposed map is not consistent with the general and specific plans of the City of Agoura Hills;

(b)

The design or improvement of the proposed development is not consistent with the general and specific plans of the City of Agoura Hills;

(c)

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

(d)

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

(e)

The design of the development or the proposed improvements are likely to cause substantial environmental damage or to substantially injure fish or wildlife or their habitat;

(f)

The design of the development or the type of improvement is likely to cause serious public health problems; or

(g)

The design of the development or the type of improvement will conflict with easements, acquired by the public at large, for access through or use of property within the proposed development; however, approval may be granted if it is found that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.

(Ord. No. 125, 6-2-87)

If no action is taken on a tentative map by the planning commission within the specified fifty-day time period or any authorized extensions thereof, the tentative map, as filed, shall be deemed to be approved, insofar as it complies with the requirements of the subdivision ordinance. The city clerk shall certify such approval.

(Ord. No. 125, 6-2-87)

The subdivider and any person adversely affected by the planning commission action may appeal the decision with fifteen (15) days after the date of the decision of the planning commission by paying the required fees and submitting a letter to the city council stating the reason for the appeal. The city council shall hold a public hearing on each tentative map for which the decision of the planning commission has been appealed to the city council. Notice of such public hearing shall be given in the manner specified in section 10412. The decision of the city council shall be final.

(Ord. No. 125, 6-2-87)

An approved or conditionally approved tentative map shall expire twenty-four (24) months after being approved. The director may grant extensions to the term of an approved or conditionally approved map, the total of which extensions shall not exceed one (1) year. The subdivider shall submit a written request to the director for each extension prior to the expiration of the tentative map.

(Ord. No. 125, 6-2-87)

The time period specified in section 10417 shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided however, that the length of the moratorium does not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

(Ord. No. 125, 6-2-87)

The expiration of the term of an approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(Ord. No. 125, 6-2-87)

Any revised tentative map shall comply with all the provisions of the Subdivision Map Act and this article in effect at the time the revised map is approved. Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map and shall not extend the time within which the final map may be filed.

(Ord. No. 125, 6-2-87)

Chapter 5 - FINAL MAPS

Following the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider shall cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.

Prior to the expiration of the term of the approved or conditionally approved tentative map, a final map, conforming to the approved or conditionally approved tentative map may be filed with the city council in accordance with the requirements of these provisions.

(Ord. No. 125, 6-2-87)

No final map shall be filed with the city without written consent of all parties having any record title interest in the real property proposed to be subdivided.

(Ord. No. 125, 6-2-87)

10502. • Qualifications for filing of final map.

To qualify for filing with city council, a final map shall:

(a)

Have completed and signed and where necessary, acknowledged all the certificates required by the Subdivision Map Act, except those of the county clerk, the city treasurer and the city clerk.

(b)

Have obtained clearances from the city archaeologist, city geologist, oak tree specialist, city engineer, planning department and all necessary and required agencies before recordation.

(c)

Have submitted all required bonds and agreements to the city clerk.

(Ord. No. 125, 6-2-87)

Prior to the time of filing a final map, the subdivider shall submit a copy of the map to the city engineer, who shall examine the map for sufficiency of affidavits and acknowledgments, for correctness of surveying data, mathematical data, computations and other matters requiring checking, to ensure compliance of the map with the requirements of the Subdivision Map Act, of this chapter, and of any condition imposed by conditional approval of the tentative map. The city engineer shall route the final map to all necessary departments to check prior to submission to city council for action.

If the final map is unsatisfactory to the city engineer, or otherwise does not meet any required standard, the city engineer shall return the map, together with a statement of the grounds of its rejection, to the subdivider for correction and resubmission.

If the final map is found by the city engineer and all necessary departments to be in correct form and matters shown thereon are sufficient, the city engineer shall schedule the final map at the city council's next meeting to consider and act upon the final map.

(Ord. No. 125, 6-2-87)

At the city council meeting at which a final map is received, the city council shall approve the final map if it meets all requirements of the Subdivision Map Act, this article, and each condition of approval imposed upon the tentative map. Approval of a final map shall not be denied if the final map is in substantial compliance with a valid, previously approved tentative map relating to the same land division.

(Ord. No. 125, 6-2-87)

Approval of a final map shall be denied if such map does not comply with any requirement or condition imposed by the Subdivision Map Act or this article and is not consistent with the general plan or a specific plan adopted thereunder.

(Ord. No. 125, 6-2-87)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 66434 of the Subdivision Map Act, if a final map, or Section 66445 of the Subdivision Map Act, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. Upon recordation of a certificate of correction, the county recorder shall, within sixty (60) days of recording, transmit a certified copy to the city engineer, who shall maintain an index of recorded certificates of correction.

(Ord. No. 125, 6-2-87)

A final tract map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following requirements:

(a)

It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped

or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the streets, and its relation to each adjoining sheet shall be clearly shown.

(c)

All survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d)

Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

(e)

The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(f)

When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report. Each report shall be kept on file with the city engineer.

(g)

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, subject to the provisions of Section 66436 of the Subdivision Map Act.

(h)

Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act.

(i)

A certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown.

The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(j)

The city engineer shall certify the final map, stating that:

(1)

He has examined the map.

(2)

The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.

(3)

All provisions of this chapter and of any required local ordinances applicable at the time of approval of the tentative map have been complied with.

(4)

He is satisfied that the map is technically correct.

(Ord. No. 125, 6-2-87)

A final parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property, and shall conform to all of the following requirements:

(a)

It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The

particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(c)

Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

(d)

The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. In addition, the map shall show the location of each parcel and its relation to surrounding surveys.

(e)

Subject to the provisions of Section 66436 of the Subdivision Map Act, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required.

(f)

If a field survey was performed, the parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

(g)

If dedications or offers of dedications are required, they shall be made by certificate on the parcel map. Such dedication or offers of dedication, by certificate, shall be signed by the same parties and subject to the provisions of Section 66439 of the Subdivision Map Act for dedications by a final map.

(h)

In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors Act.

(i)

All necessary certificates shall appear on the parcel map with the following requirements:

(1)

Civil engineer certificate:

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.

(Signed) _______

R.C.E. (or L.S.) No. _______

(2)

Recorder's certificate:

Filed this _______ day of , 19, at _______ m. in Book _______ of _______, at page _______, at the request of _______

(Signed) _______ County recorder

(j)

If such subdivision lies within the city, the parcel map shall be submitted to the city engineer for his examination prior to filing.

Within twenty (20) days after receiving the parcel map, the city engineer shall examine it for the survey information shown thereon and conduct a field survey. If the city engineer is satisfied that the parcel map is technically correct, the following certification shall be placed on the map:

CITY ENGINEER'S CERTIFICATE

This map conforms with the requirements of the Subdivision Map Act and local ordinance.

Dated: _______ (Signed) _______ (City engineer) R.C.E. License No. _______

(Ord. No. 125, 6-2-87)

A final parcel map may be waived by the planning director upon a finding that the proposed division complies with all requirements as to area, improvement and design, floodwater, drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and the requirements of Section 66428A of the Subdivision Map Act and this article.

(Ord. No. 125, 6-2-87)

No final map for a subdivision to be created from the conversion of residential real property into a condominium project or community apartment project shall be approved unless all of the following findings are met:

(a)

Each of the tenants of the proposed condominium or community apartment project has received, pursuant to Section 66452.9 of the Subdivision Map Act, written notification of intention to convert at least sixty (60)

days prior to the filing of a tentative map pursuant to Section 66452 of the Subdivision Map Act. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451) of the Subdivision Map Act. In addition, a finding shall be made that each tenant has received ten (10) days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(b)

Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.

(c)

Each of the tenants of the proposed condominium, or community apartment project, has been, or will be, given one hundred eighty (180) days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge

the rights or obligations of the parties in performance of their covenants, including but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

(d)

Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public on terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

(Ord. No. 125, 6-2-87)

Any final map of a condominium or community apartment project is not required to show the buildings, or the manner in which the buildings are placed, or the airspace above the property.

Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(Ord. No. 125, 6-2-87)

Chapter 6 - DESIGN STANDARDS

10600. • Lot standards.

All lots created by the subdivision of land shall access to a public street which has been improved and which street meets the standards set forth in this chapter. All lots shall conform to the requirement of the zoning district in which the proposed project is located. The minimum width of a lot shall be approximately at right angles to the street line on straight streets or to the tangent on curved streets. Whenever the public necessity, convenience or general welfare so require, the city council or planning commission may waive the requirements of this section.

(Ord. No. 125, 6-2-87)

All residential, industrial, and commercial streets shall be in conformance with the city's circulation element of the general plan which is in effect at the time of submittal of the tentative map.

(Ord. No. 125, 6-2-87)

Street names shall be approved by the planning director. Street numbers shall be assigned by the department of building and safety.

(Ord. No. 125, 6-2-87)

10603. • Cul-de-sacs.

Cul-de-sacs shall not exceed a length of eight hundred (800) feet and shall be provided with a turnaround having a minimum radius of thirty-two (32) feet.

(Ord. No. 125, 6-2-87)

Blocks shall have sufficient width for an ultimate layout of two (2) tiers of lots of a size required by the provisions of the zoning ordinance.

(Ord. No. 125, 6-2-87)

Easements shall be provided as necessary with the following minimum widths, as required by the city engineer:

(Ord. No. 125, 6-2-87)