Chapter 3 — LAND DIVISIONS

ARTICLE A. - GENERAL LAND DIVISION PROVISIONS; DEFINITIONS

• A. Short Title: The provisions of this Chapter regulate the division of land and the merger and reversion to acreage of lands located within the City. This Chapter may be cited as the City's Land Division Regulations.

B.

Subdivision Map Act: The Subdivision Map Act [1] regulates the local control of the design and improvement of subdivision and authorizes the City to enact local ordinances for the control of the design and improvement of land divisions which do not constitute subdivisions. This Chapter incorporates, by reference, those provisions of the Subdivision Map Act which are mandated by State law and adopts additional provisions governing land divisions in those areas where the Subdivision Map Act allows the City to exercise discretion.

(Ord. 195, 7-6-87)

Footnotes: --- ( 1 ) --Gov. Code § 66410, et seq.

It is the purpose of this Chapter to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of tract maps and parcel maps and the procedure to be followed in securing the official approval of the City regarding such maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public health, safety and general welfare.

(Ord. 195, 7-6-87)

As used in this Title, the following words and terms shall have the meanings ascribed to them in this Section:

Alley: Private way, other than a major, secondary or local street, which provides a secondary means of vehicular access to abutting property.

Dedication: The grant of real property for public use or rights to the City or other public entity.

Design: The minimum area, width, grading and general layout of lots and the alignment, grades and widths of the alleys, streets, highways, easements and rights-of-way for drainage facilities, water mains, sanitary sewers and other public purposes.

Division of Land: Refers to any parcel or contiguous parcels of land, improved or unimproved, which are divided for the purpose of sale, lease or financing, whether immediate or future, into two or more parcels.

Drainage Facility: Any drainage device or structure which may be used to control or direct the flow of water and/or alleviate flood hazard, including but not limited to berms, channels, culverts, curbs, ditches, gutters, pavement and pipes.

Fire Chief: The Forester and Fire Warden of the County of Los Angeles and shall include all deputies of said Forester and Fire Warden when acting within the scope of their authority in respect to matters pertaining to this Title.

Flood Hazard: A potential danger to life, land or improvements due to inundation or storm water runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings or erode the banks of watercourses.

Frontage: The portion of a lot or parcel which abuts a public or private street to which the lot or parcel has the right of access. The frontage of a lot with abutting streets on two or more sides shall be on the street having the smallest number of feet abutting such lot. The abutting footage shall be measured along the road easement line but, in the case of a corner lot, shall not include any footage within the side road easement.

Future Street: Any real property which the owner thereof has offered for dedication for street purposes which offer has not yet been accepted by the Council.

General Plan: "General Plan" or "any element thereof" refers to the General Plan adopted by the City pursuant to the provisions of the Planning Law, Article 6, Chapter 3, Title 7, Government Code, State of California.

Geological Hazard: A hazard, inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

Health Officer: The Health Officer of the County of Los Angeles and shall include all deputies of said Health Officer when acting within the scope of their authority in respect to matters pertaining to this Chapter.

Improvements: Such structures or facilities to be installed or agreed to be installed by a subdivider on land to be used for private alleys, streets or other easements as a condition precedent to the approval and/or acceptance of a tract map or parcel map, including but not limited to street surfacing with inverted shoulders, street signs, sanitary sewers, water mains and drainage facilities.

Lot: A unit of land identified on a tract map or parcel map, filed in the office of the County Recorder, with a separate or distinct number.

Minor Land Division: Refers to a subdivision for which a final parcel map or a final tract map is not required by the Subdivision Map Act or by this Chapter.

Parcel Map: Refers to a final map showing the division of land into less than five parcels, prepared in accordance with the provisions of this Chapter and of the Map Act, which is prepared in a manner to be filed in the office of the County Recorder as a parcel map.

Subdivision Committee: Shall include the Planning Director, who shall act as chairperson, the Building Official, the City Building Official and, as determined by the Director, all other affected public agencies and interested parties with respect to the subdivision and use of land in the City of Hidden Hills. The Subdivision Committee shall review all proposed divisions of land and prepare a report thereon, including all conditions of approval or reasons for denial, which report shall be submitted to the Planning Agency.

Superintendent of Streets: The Building Official or his or her designee.

Tract Map: A final map showing the division of land into five or more parcels prepared in accordance with the provisions of this Title and applicable provisions of the Subdivision Map Act and designed to be filed in the office of the County Recorder as a tract map.

Zoning Ordinance: Chapter 2 of this Title as it now exists or shall hereafter be amended.

(Ord. 195, 7-6-87; 1994 Code)

• A. Map Required: No person shall sell, place a mortgage, deed of trust or other lien upon, transfer title to, lease any subdivision or any part thereof, or offer to do so, or contract to do so, or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, until a map, in full compliance with the provisions of this Chapter, has been duly recorded or filed in the office of the Recorder of this County.

  • B. Exemptions from Requirements: Subsection A. of this Section does not apply to any parcel of a subdivision offered for sale, lien or lease, contract for sale, lien or lease, or sold, mortgaged, liened or leased in compliance with or exempt from any law regulating the design or improvement of subdivisions or minor land divisions in effect at the time the parcel was created.

• (Ord. 195, 7-6-87; 1994 Code)

Whenever reference is made to an ordinance of this City or to a statute of the State, such reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such ordinances or statutes.

(Ord. 195, 7-6-87)

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this Chapter.

(Ord. 195, 7-6-87)

• A. Violation and Penalties: Violation of this Chapter which is not also prohibited by the Subdivision Map Act or by any other State statute is a misdemeanor, punishable as provided in Section 1-5-1 of this Code.

  • B. Transaction Voidable: Any deed of conveyance, mortgage, deed of trust or other lien or lease or sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease or sale or contract agreeing thereto, but such deed or conveyance, sale, mortgage, deed of trust, lien, lease or contract is binding upon any assignee or transferee or the grantee, mortgagee, beneficiary, tenant, buyer or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord or person so contracting, his assignee, heir or devisee.

  • C. Other Remedies: The provisions of this Chapter are not intended to prohibit any legal, equitable or summary remedy to which the City or other political subdivision or any person may otherwise be entitled, and the City or other political subdivision or person may file suit in a court of competent jurisdiction to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this Chapter.

• (Ord. 195, 7-6-87; 1994 Code)

ARTICLE B. - MAPS

The necessity for tentative and final subdivision maps and parcel maps shall be governed by the provisions of the Map Act and this Article.

• (Ord. 195, 7-6-87)

• A. A tentative and final map shall be required for all subdivisions in conformance with the provisions of the Map Act.

• B. Tentative and final subdivision maps shall contain the information and be in the form specified by the Map Act and this Chapter.

(Ord. 195, 7-6-87)

• A. Filing of Parcel Maps: A parcel map shall be filed, unless waived as hereinafter set forth, for each division of land which does not constitute a subdivision. A tentative parcel map shall be filed where a parcel map is required.

• B. Contents: Parcel maps shall contain the information and be in the form specified by the Map Act and this Chapter.

• C. Certificates and Acknowledgments: The Planning Agency may require that the certificates and acknowledgments required for parcel maps be recorded concurrently with the parcel map being filed for record.

(Ord. 195, 7-6-87; 1994 Code)

ARTICLE C. - PROCEDURE FOR TENTATIVE MAPS

Tentative maps shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Chapter.1

(Ord. 195, 7-6-87)

The subdivider or his agent shall apply for a map number prior to submission of a tentative map. Map numbers shall be assigned by the Building Official.

(Ord. 195, 7-6-87)

Each tentative map shall be prepared in accordance with the following requirements:

• A. Preparer: Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed land surveyor. This requirement may be waived by the Building Official for minor land divisions creating four parcels or less.

B.

Details: Each tentative map shall clearly show the details of the plan thereon. Whenever practicable, map sheets should be no smaller than eighteen by twenty-six inches (18" × 26"). In no case shall the scale be less than one inch to forty feet (1" = 40').

• C. Copies: The Planning Director shall determine the number of copies of a tentative map which a subdivider shall submit. One copy shall be a reproducible print of a type approved by the Building Official.

• D. Environmental Assessment: The Planning Director, prior to accepting an application for any tentative map approval, shall first review the proposal and cause to be completed an environmental assessment, pursuant to the City's rules to implement the California Environmental Quality Act.

(Ord. 195, 7-6-87; 1994 Code)

When a tentative map is submitted, the subdivider shall submit evidence to establish that he is the owner of the property shown on the map as proposed for subdivision or that he has an option or contract to purchase the property or that portion of which he is not the owner or that he is the authorized agent of one who can comply with these requirements.

(Ord. 195, 7-6-87)

Each tentative map shall show and contain the following information:

• A. The assigned map number.

• B. The date of preparation, north point and scale.

• C. The boundary of the division of land shown to scale and tied to a known point.

• D. A key map, indicating the location of the proposed division of land in relation to the surrounding area.

• E. The approximate existing contours at five foot (5') vertical intervals and the approximate contours to result from grading to be done by the subdivider. A separate sheet shall be submitted for the purpose of public display and shall be marked as follows: green to show existing contours; red to show proposed grading; brown to show proposed fill.

• F. The approximate location of all areas subject to inundation or storm water overflow or geological hazard, which areas shall be marked "subject to flooding" or "subject to geological hazard", the location, width and direction of flow of each watercourse and the method of delivery of storm water to natural drainage channel or storm drain.

• G. The approximate location, type and size of all trees standing within the boundaries of the division of land and an indication as to which are to be removed. A statement describing the existing ground cover shall also be submitted.

• H. The location, width, approximate grade and center line radius of existing and proposed streets, alleys, highways and ways which are within or adjacent to the proposed division of land.

• I. The existing street improvements, including drainage structures.

• J. Actual names for existing streets and an identifying letter for proposed streets.

• K. The location and width of existing and proposed easements other than streets, including easements for drainage, bridle trails, sanitary sewers, storm drains, public utilities and ingress and egress.

• L. The approximate layout of lots, including approximate dimensions and lot numbers and, where pads are proposed for building sites, the approximate finish grade.

• M. If required by the Building Official or Planning Director for a full understanding of the proposal, a generalized plan of proposed development adjacent to the division of land showing the compatibility of the development with existing and future development in the neighborhood.

• N. The approximate location and size of all existing water mains and fire hydrants within the division of land, the location and size of all proposed water mains and the distance from the proposed building site or sites by paved road or driveway of each water main shall be shown.

• O. The name and address of the subdivider.

• P. The name, address and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map.

(Ord. 195, 7-6-87; 1994 Code)

Tentative tract map, parcel map and other subdivision approvals under this Chapter shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.

(Ord. 225, 6-4-90)

• A. Each tentative map shall be submitted with written statements containing the following information and acknowledgments:

  1. The name and address of the subdivider.

  2. The name, address and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map.

  3. The proposed use of parcels shown on the tentative map, together with the present and proposed zoning.

  4. The legal description of the land in the proposed division of land with all road easements documented.

  5. Statements by Las Virgenes Municipal Water District, the Pacific Telephone and Telegraph Company, Southern California Gas Company, Southern California Edison Company, Hidden Hills Cable T.V., Inc., and any other provider of utilities or public services that they will furnish service to the subdivision and the conditions, if any, of such service.

  6. A copy of conditions, covenants and restrictions proposed by the subdivider, if any.

  7. A statement detailing the arrangements which the subdivider proposed to make for the operation and maintenance of common parcels and easements, if any.

  8. The source of water supply, if any, and the proposed method of sewage disposal.

  9. Evidence of vesting of title to the land and restrictions on that title shall be submitted with all tentative maps. It shall be in the form of a preliminary title report issued by a title company authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein and setting forth, in full, all conditions, covenants and restrictions of record affecting said property.

  10. A geological and/or soils report, if required by the Building Official, prepared by a registered civil engineer and/or licensed geologist stating the effect of geological or soil conditions on the proposed development.

  11. An environmental assessment statement and/or input for a draft environmental impact report, as determined by the Planning Director.

  12. A list, certified to be correct by affidavit or by a statement made under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest assessment rolls of the Counties of Los Angeles and Ventura as owners of property within a distance of 500 feet from the exterior boundaries of the area of the proposed land division, together with a map indicating where such ownerships are located.

• B. Any of the information required by subsections A.1., A.2., A.3. and A.8. of this Section may be shown on the tentative map. The written statements required by this Section shall become part of the application for approval of the tentative map upon submission to the Planning Director.

(Ord. 195, 7-6-87; 1994 Code)

Tentative maps and required written statements shall be submitted to the Planning Director. The Planning Director shall distribute copies of tentative maps and, where appropriate, required written statements to each member of the Subdivision Committee, a city requesting extraterritorial review of tentative maps pursuant to the Subdivision Map Act, and to other agencies as necessary.

(Ord. 195, 7-6-87)

The Subdivision Committee shall make recommendations on tentative maps within 30 days subsequent to the submission thereof.

• (Ord. 195, 7-6-87)

• A. The Planning Director shall prepare a written report, setting forth the recommendations of the Subdivision Committee and the contents of the departmental reports submitted to the Planning Director by City officers or departments or other interested agencies. The Planning Director shall transmit his report, together with a copy of the tentative map, to the Planning Agency.

  • B. The City Clerk shall provide the subdivider with a copy of the Planning Director's report prior to action on the tentative map by the Planning Agency. If the subdivider or his authorized representative does not receive the report in person, this provision shall be deemed accomplished when the Planning Director's report is placed in the mail, bearing the proper postage and directed to the subdivider at his designated address.

• (Ord. 195, 7-6-87; 1994 Code)

The Planning Agency shall approve, conditionally approve or disapprove a tentative map within the time required by law. Notice of the public hearing shall be given in the form and manner required by subsection 5-2H-4 C. of this Title.

(Ord. 195, 7-6-87; 1994 Code)

The tentative map shall be processed and approved by the Planning Agency in accordance with the terms and provisions and limitations of the Subdivision Map Act and this Title.

(Ord. 195, 7-6-87; 1994 Code)

• A. Minor Modifications:

  1. No final map shall be filed for approval unless the final map conforms with the tentative map and any conditions imposed in respect thereto by the Planning Agency; provided, however, that minor modifications of a tentative map may be approved by the Planning Agency prior to the approval of the final map if the same does not constitute, in effect, a new subdivision. 
  
  2. The subdivider shall file an application for a minor modification in accordance with the requirements of the Planning Director, accompanied by the fee established by resolution of the City Council. [2] The Planning Director shall obtain the comments of the Subdivision Committee and shall transmit this report, along with the subdivider's application, for consideration of the Planning Agency. 
  

  • B. Revised Maps: Proposed major modifications to an approved tentative map, which, in effect, constitute a new subdivision, shall be processed in accordance with the provisions for a tentative map as specified in this Chapter.

• (Ord. 195, 7-6-87; 1994 Code)

Footnotes: --- ( 2 ) --See Title 2, Chapter 1 of this Code for collection procedures.