Hawthorne Municipal Code Ch. 16.52 Lot Splits

A lot split is defined to mean any real property, improved or unimproved, or a portion thereof, shown on the latest atlas maps in the office of the city engineer as a unit, which is split or divided for any purpose by any person, into four or less lots.

(Prior code § 12-2500)

No person shall effect a lot split, nor shall any building permit applicable thereto, or any portion thereof, be issued, until a map of such lot split and plot plan has been filed and approved pursuant to the provisions of this chapter.

(Prior code § 12-2501)

Whenever any person desires approval of a lot split, 25 copies of a survey map thereof shall be filed with the planning department, together with a filing fee as set by resolution. Such survey map shall be prepared by a registered civil engineer or licensed surveyor, at a scale of not less than 40 feet to the inch, and shall include a verification signed by the legal owner of record thereof, or his or her agent authorized in writing, attesting that all statements of fact contained in such map are true and correct under penalty of perjury. Such map shall show the following:

A. Name and address of the owner or owners of record;

B. Name and address of the subdivider, if other than the owner;

C. Name, address and license number of the person who prepared the map, together with his or her signature;

D. Date, north point, scale and sufficient description to define the location and boundaries of the proposed lot split;

E. Locations, names and existing right-of-way widths of all adjoining and contiguous highways, streets, alleys and ways;

F. Location and size of all storm drains and structures used in connection therewith;

G. Location and character of all existing public utilities;

H. The widths, location and purpose of all existing and proposed easements;

I. Lot layout, dimensions of each resulting lot and lot identification by letter;

J. The outline and use of any existing structures and their locations in relation to existing or proposed streets and lot lines;

K. The existing zoning of each and every portion of the real property affected.

In addition to the foregoing survey map, there shall be filed with the planning department a plot plan of all intended or anticipated improvements to be made if approval of the lot split is granted. Such plot plan need not be prepared by a registered civil engineer or licensed surveyor, but must clearly and accurately set forth the nature and location of all intended or anticipated improvements.

(Ord. 1664 § 29, 1999)

Upon filing of such survey map and plot plan, the planning official shall set the matter for public hearing not less than thirty days nor more than fifty days from the date the application is deemed complete. The time periods shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The procedures, rules and regulations of Sections 17.40.070 through 17.40.180, inclusive, and 17.06.060 through 17.06.120, inclusive, of this code, applicable to variances, shall apply and govern the investigation, notice of hearing, hearing, consideration, decision, appeal, refiling and all other matters concerning lot splits, and the approval, conditional approval or disapproval of lot splits.

(Ord. 1664 § 31, 1999)

Before any lot split may be approved, or conditionally approved, the following findings shall be made:

A. That the approval of such lot split will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity of such lot split;

B. That the approval of such lot split will not adversely affect the comprehensive general plan;

C. That the lot split is in accordance with the provisions, intent and purposes of the zoning ordinance;

D. That no portion of a lot necessary to provide the required area per dwelling unit for an existing building shall be separated from the portion of the lot upon which such building is located;

E. That no lot held under separate ownership on or after May 13, 1946, shall be split or reduced in size below the minimum lot width and lot area required by the zoning ordinance, nor shall any such lot which has a lot width or lot area less than that required by said zoning ordinance be further reduced in any manner whatsoever;

F. That all proposed lots will have proper and sufficient access to public utilities;

G. That all proposed lots will have proper surface drainage.

(Prior code § 12-2504)

Upon approval of a lot split, appropriate conditions may be attached to such approval if it is determined that such conditions are necessary to satisfy any or all of the findings required by Section 16.52.050, or are necessary to provide for suitable development of the property in question, and to accomplish the standards, criteria and policies established by the zoning ordinance.

(Prior code § 12-2505)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor in accordance with the provisions of the Hawthorne Municipal Code, and shall be punished accordingly. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is permitted, continued or committed by such person, and any lot, street, alley or other thing made subject to this chapter and maintained contrary to the provisions hereof shall constitute a public nuisance. In addition to the foregoing, any deed of conveyance, sale or contract to sell which is made contrary to the provisions of this chapter shall be voidable to the extent and in the same manner provided in Section 11540 of the Business and Professions Code of the state. The city, or any aggrieved person, may file suit in the Superior Court of the county in which any property is split or divided in violation of this chapter is located, to restrain or enjoin any attempted or proposed split or sale contrary to the provisions of this chapter, pursuant to Section 11542 of the Business and Professions Code of the state.

(Prior code § 12-2506)