Hidden Hills Municipal Code Art. 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:

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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)