Rolling Hills Municipal Code Ch. 16.04 General Provisions

This title may be cited as the Division of Land Ordinance.

(Ord. 161 § 11-2.01, 1980).

The purpose of this title is to promote the conservation, stabilization and protection of property values through orderly growth and development, the provisions of necessary public and private facilities, and generally, the public health, safety and general welfare within the corporate boundaries of the City.

(Ord. 161 § 11-2.02, 1980).

The provisions of this title derive their authority from Division 2, Title 7 of the Government Code of the State of California, cited as the Subdivision Map Act, and from Article XI, Section 11 of the Constitution of the State of California.

(Ord. 161 § 11-2.03, 1980).

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 state 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. 161 § 11-2.04, 1980).

A person shall not sell, lease, finance or transfer title to a portion of a division of land, or offer to do so, or contract to do so, until a final map thereof, in full compliance with the provisions of this title and of the Subdivision Map Act, has been filed in the office of the Recorder of this County, except that a person, at his sole option, may elect to file and record a parcel map in lieu of a subdivision, providing such parcel map complies with the provisions of this section, and such a parcel map is specifically provided for in Section 66426 of the Government Code (the Subdivision Map Act).

(Ord. 161 § 11-2.05, 1980).

The provisions of this title do not apply to any preexisting divisions of land offered for sale, lease, financing or transfer of title, contracted for sale, lease, financing or transfer of title, or sold, leased, financed or transferred, in full compliance with or exempt from any law regulating the design and improvement of divisions of land which was in effect at the time the division was established.

(Ord. 161 § 11-2.06, 1980).

If any section, subsection, sentence, clause or phrase of the ordinance codified in this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more thereof may be declared invalid or unconstitutional.

(Ord. 161 § 11-2.07, 1980).

No building shall be constructed, nor shall a permit for the construction of a building or grading of the parcel be issued, nor shall a portion of any parcel of land be used when not conforming to the provisions of this title.

(Ord. 161 § 11-2.08, 1980).

Any violation of this title which is not also prohibited by the Subdivision Map Act or by any other State statutes, is a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of this title occurs or continues constitutes a separate offense, and upon conviction thereof shall be punishable as provided in this section.

(Ord. 161 § 11-2.09, 1980).

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 title 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 of conveyance, sale, mortgage, deed of trust, lien, lease or contract is binding upon any assignee, or transferee of 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 assignees, heirs or devisees.

(Ord. 161 § 11-2.10, 1980).

The provisions of this title 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 title.

(Ord. 161 § 11-2.11, 1980).

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate any approvals obtained pursuant to this title.

(Ord. 161 § 11-2.12, 1980).

There is created a Division of Land Committee consisting of the following officers or their duly authorized representatives:

A. The Director of Planning;

B. The City Engineer;

C. The City Fire Chief;

D. The Superintendent of Streets;

E. The Health Officer of the City;

F. The Chief Engineer of the Los Angeles County Flood Control District;

G. Such other City officers or representatives of other agencies which in the opinion of the Director of Planning have an interest in a proposed division of land. The Director of Planning, or designee, shall be the Chairman of the Division of Land Committee.

(Ord. 161 § 11-2.13, 1980).

The City Planning Commission is designated as the "Advisory Agency" as that term is used in the Subdivision Map Act, and shall have all of the powers and duties granted or imposed by said Subdivision Map Act, except as assigned to the City Council by this title.

(Ord. 161 § 11-2.14, 1980).

The City Council shall appoint a Director of Planning who shall serve at the pleasure of the City Council.

(Ord. 161 § 11-2.15, 1980).

"City Council" means the City Council of the City of Rolling Hills.

(Ord. 161 § 11-2.16, 1980).

"Certificate of compliance" means a certificate recorded by the City with the Recorder of the County stating that a determination has been made that such property complies with the provisions of the Subdivision Map Act and this title.

(Ord. 161 § 11-2.17, 1980).

"Certificate of waiver means a waiver from the requirement of a final map, granted by the City Council under the provisions of this title.

(Ord. 161 § 11-2.18, 1980).

"Certificate of registered engineering geologist" means a certified statement of a registered engineering geologist which contains the name of the insurance company and policy limits of any errors and omissions policy then in force, insuring said registered engineering geologist against damages resulting from negligence in connection with the preparation of the geological report required by this title. If the registered engineering geologist is not so insured, then he shall file with the City and the subdivider a statement to that effect.

(Ord. 161 § 11-2.19, 1980).

Whenever a public hearing is held pursuant to any provision of this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given in the manner as prescribed in Section 17.34.030 of this code.

(Ord. 295 § 7 (Exh. A (part)), 2004: Ord. 199 § 9, 1983: Ord. 161 § 11-2.20, 1980).