CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

SUBDIVISIONS

Chapter 16.08

PROCEDURE

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	16.08.010	Division of lots into more than four parcels --Condominium of two or more units--Tentative maps.
	16.08.020	Filing of tentative map with coastal zone conservation commission.
	16.08.030	Hearings on tentative maps.
	16.08.040	Final maps.
	16.08.050	Planned unit development (PUD).
	16.08.060	Requirements for approval of subdivision map.
	16.08.070	Grounds for denial of approval of subdivision map.
	16.08.080	Subdivision agreements and bonds--Improvement security.
	16.08.090	Fees.
	16.08.100	Sewer facilities use fees.
	16.08.110	Miscellaneous requirements.
	16.08.120	Division of lots which does not create more than four parcels (lot splits).

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16.08. 010 Division of lots into more than four parcels--Condominium of two or more units--Tentative maps.

A. Each property owner applying for approval of divisions of land into more than four parcels or a condominium of two or more units shall file with the city planner an application which shall include the following:

1. Fifteen (15) copies of a tentative subdivision map, eighteen (18) by twenty-six (26) inches in size, drawn to a scale of not smaller than forty (40) feet to the inch, showing the proposed subdivision, drawn by a licensed surveyor or registered civil engineer, which shall show the following:
   • a. Names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer or licensed surveyor who prepared the map,
   • b. The approximate dimensions, area and shape of each lot,
   • c. The record boundaries and area of the parcel to be subdivided,
   • d. The name, size and location of abutting streets and tracts,
   • e. The dimensions of all streets, ways and easements to be dedicated to the city public utilities, and location of all existing easements,
   • f. Legal description of property to be divided,
   • g. Source of water supply,
   • h. Method of sewage disposal, including sizes and locations of existing mains serving proposed subdivisions,
   • i. Proposed public areas,
   • j. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,
   • k. Method of surface water disposal,
   • l. Location and depth of fill areas,
   • m. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,
   • n. North arrow, scale;
2. A grading plan showing existing and proposed contours at two-foot intervals.

B. Upon receipt and acceptance of the application and tentative map or maps by the city planner, the tentative map shall be distributed as follows. One copy each to:

1. California Water Service Company;
2. Hermosa Beach City School District;
3. General Telephone Company of California;
4. South Bay Union High School District;
5. Southern California Edison Company;
6. Southern California Gas Company;
7. Los Angeles County Flood Control District;
8. Where a state highway is involved, one copy shall be sent to the state division of highways;
9. One copy shall be circulated to each city department head for study and recommendation. (Prior code § 29.5-3)

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16.08. 020 Filing of tentative map with coastal zone conservation commission.

The city planner shall transmit to the office of the California Coastal Zone Conservation Commission, South Coast Regional Commission, one copy of each tentative map, and such commission may, within fifteen (15) days thereafter, make recommendations to the planning commission regarding the effect of the proposed subdivision upon the California Coastal Zone Conservation Plan. (Prior code § 29.5-4)

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16.08. 030 Hearings on tentative maps.

Upon filing of the tentative map of any subdivision, the city planner shall cause the request to be placed upon the agenda of the planning commission acting as the advisory agency of the city council for hearing within thirty (30) days after the tentative map has been filed. The commission shall report on the map or maps of any subdivision submitted to it within fifty (50) days after the tentative map has been filed unless an extension of said period is mutually agreed to by the subdivider and the commission,

The report of the planning commission shall approve, approve with conditions, or disapprove for due cause, the proposed tentative map or maps of the subdivision.

The planning commission may require such public improvements on-site or off-site as are necessary for the health, general welfare, and safety of the community and/or the orderly development of the city.

The commission shall report its action on the tentative map or maps in writing to the subdivider within ten days of its decision.

If the subdivider is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the planning commission to be required, he may appeal to the city council for a public hearing thereon by filing a written notice of appeal with the city clerk within ten days after such action.

If any action of the planning commission is appealed, the city manager shall schedule a hearing before the city council within two weeks after the appeal is taken or at its next succeeding regular meeting.

The city council shall hold a public hearing, upon notice to the subdivider and the planning commission, and after due consideration sustain, modify, reject or overrule any recommendations or rulings of the planning commission, and shall make such findings as are not inconsistent with the intent of this article and the Subdivision Map Act of the State of California.

Upon conclusion of the hearing the city council shall declare its findings within seven days.

The time limits for acting and reporting on tentative maps as specified by this chapter may be extended by mutual consent of the subdivider and the planning commission or city council as the case may be. (Prior code § 29.5-5)

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16.08. 040 Final maps.

A. Final maps, consisting of an original and fifteen (15) copies and one reproducible "brown line" together with a letter from the city and/or county engineer attesting to the substantial conformance of the final map with the tentative map, shall be filed with the city clerk. The city council shall review and approve the final map within thirty (30) days of the filing, provided the map conforms to all of the requirements of this chapter and the State Subdivision Map Act of the State of California which were applicable at the time of the approval of the tentative map, and all conditions of approval of the tentative map shall have been met or guaranteed with surety bonds or other manner satisfactory to the city engineer and the city attorney to assure completion as required.

B. The time limit for the approval of a final map may be extended by mutual consent of the subdivider and the city council. If no action is taken within the prescribed time limit or within the time to which it has been extended by mutual consent, the map, if it conforms to all of the requirements above set out, shall be deemed to be approved, and it shall be the duty of the city clerk thereupon to certify approval.

C. The city council shall at that time also accept or reject any or all offers of dedication and shall, as a condition precedent to the acceptance of any streets or easements, provide for the improvements of such streets or easements in accordance with standards established by local ordinance applicable at the time of approval of the tentative map pursuant to requirements provided by the Subdivision Map Act of the state of California.

D. The city council shall not deny approval of a final subdivision map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map. (Prior code § 29.5-6)

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16.08. 050 Planned unit development (PUD).

A. Lots less in area and width than the minimum specified within this chapter and not fronting on a public street may be approved when the proposed tentative tract or parcel map fall within the definition of a P.U.D.

B. Subdivision of Land and Tract Map Required. A tentative tract map shall be filed and shall show the precise location and designation of all lots upon which residential dwellings are to be developed; all lots to be owned in common which are designed to be developed and used exclusively for supplemental parking and vehicular and pedestrian access from a publicly dedicated street to individually owned lots; and all lots to be owned in common which are designed to be developed, reserved and used exclusively for open space and recreational uses. No building permit shall be issued for any lot within the boundaries of a planned unit development unless and until a final subdivision tract map has been recorded. A final tract map which deviates from the conditions imposed by the conditions of approval of a tentative tract map shall not be approved for recordation. In regard to division, sale or separation of lots or parcels of land, the following regulations shall apply:

1. Division of Lots or Parcels. In addition to the information required to be shown on the tentative and final tract maps, where lots or parcels of land are to be sold or separated in ownership from other property in the development, or applicable phase thereof, the respective maps shall also designate the boundaries of the lots or parcels of land to be sold or separated in ownership.
2. Sale or Separation of Lots or Parcels. Where lots or parcels of land are sold or otherwise separated in ownership, no dwelling unit or lot or parcel of land for a building shall be sold or encumbered separately from an undivided interest in the open space and the area designated as common vehicular and pedestrian access appurtenant to such dwelling unit or lot or parcel of land. Such undivided interest shall include either an undivided interest in the open space and area designated as common vehicular access or a share in the corporation or voting membership in an association owning the open space and area designated as common vehicular and pedestrian access.

C. Final Tract Map. The title page of the final recorded tract map or maps, as the case may be, shall contain the following statement pertaining to the sale or separation of lots upon which individual buildings or dwellings are to be developed:

"No lot in this Tract Map upon which residential dwellings or buildings are to be built, constructed, developed or otherwise occupied, shall be contracted to sell, sold, granted, deeded, conveyed, title transferred or otherwise separated in ownership, including subsequent heirs and owners in interest, or encumbered separately from an individual interest in lots appurtenant thereto so designated on this Tract Map for vehicular and pedestrian access, open space, and any other areas appurtenant thereto."

(Prior code § 29.5-7)

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16.08. 060 Requirements for approval of subdivision map.

The planning commission shall find that:

A. The proposed subdivision would not create lots smaller than a forty (40) foot width and having less than four thousand (4,000) square feet;

B. The proposed lots, after being divided, front on public streets and do not front on any alleys;

C. The proposed subdivision will in no way be inconsistent with the prevailing lot pattern or reduce property values in the surrounding neighborhood area;

D. The size of the proposed lots is not smaller than the prevailing lot size and lot frontage within the same zone and general plan designation within a three hundred (300) foot radius; provided, however, that all such lots used in the comparison shall be in the same neighborhood area;

E. The granting of the subdivision would result in the creation of lots that would be of a size and configuration which would be in keeping with the standards of development specified by the zoning ordinance for the land use zone in which it is located;

F. The creation of the proposed lots would be in conformity with the intent and purpose of the comprehensive general plan for the city;

G. The tentative subdivision map complies with the requirements for approval set forth in the Subdivision Map Act of the state of California.

For purposes of this section "neighborhood area" is defined as the block or group of blocks, within the same zone and general plan designated area, being located within clearly defined common boundaries. Boundaries shall include arterial or collector streets, parks or open space designated areas (such as the "greenbelt"), or significant topographical features such as hillsides. (Ord. 95-1129 §§ 1, 2, 1995; prior code § 29.5-8)

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16.08. 070 Grounds for denial of approval of subdivision map.

The planning commission or the city council shall deny approval of a tentative or final subdivision map if it makes any of the following findings:

A. That the proposed map is not consistent with the applicable general and specific plans;

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

C. That the site is not physically suitable for the type of development;

D. That the site is not physically suitable for the proposed density of development;

E. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

F. That the design of the subdivision or the type of improvement is likely to cause serious public health problems;

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the city council or planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Prior code § 29.5-9)

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16.08. 080 Subdivision agreements and bonds--Improvement security.

To assure the completion of required improvements after recordation of a final map, the city engineer shall require the submission of bonds sufficient to accomplish subject improvements. Should the subdivider fail to complete the required improvements within a reasonable time or in accordance with a written subdivision agreement signed by the subdivider and the city clerk, the city engineer shall cause said bonds to be forfeited and the improvements completed. (Prior code § 29.5-11)

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16.08. 090 Fees.

A. Generally. Fees in all cases shall be sufficient to cover the city's costs in processing tentative and final maps as established by resolution.

B. Tentative Maps. A filing fee fixed by resolution of the city council shall be submitted by the applicant to cover costs of filing and examination of tentative maps. This fee shall be nonrefundable. (Prior code § 29.5-12)

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16.08. 100 Sewer facilities use fees.

A. The construction of sewer facilities adequate to carry the sewage from a proposed subdivision to the nearest trunk line shall be the sole responsibility of the subdivider.

B. The city shall not be required to accept sewage outflow beyond the capacity of existing sewer lines.

C. If in the opinion of the street superintendent a proposed subdivision will exceed the capacity of existing sewer lines, the subdivider will be required to provide adequate facilities prior to approval of a final map.

D. Sewer use fees may be required in addition to construction of adequate sewer lines. (Prior code § 29.5-14)

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16.08. 110 Miscellaneous requirements.

A. Water Service. The subdivider shall be responsible for obtaining adequate water service and shall present satisfactory assurance prior to approval of the final map.

B. Drainage. All surface drainage shall be conducted to an approved storm drain, gutter or absorbed on site. No surface waters shall flow across a sidewalk or street intersection unless specifically approved by the city engineer.

C. Conveyance of Portion of Subdivision. Conveyances of any part of a subdivision shall not be made by lot or block number, initial or other designation unless and until a final map has been recorded.

D. Grading Plan. A grading plan may be required prior to approval of a tentative map where natural slope exceeds ten percent. (Prior code § 29.5-15)

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16.08. 120 Division of lots which does not create more than four parcels (lot splits).

Each property owner applying for approval of a subdivision of land into four parcels or less shall file with the building department an application to the board of zoning adjustment which shall include the following:

A. Ten copies of a tentative parcel map showing the land to be divided and its proposed division. The map shall be prepared by a licensed surveyor, or registered civil engineer. The map shall be eighteen (18) by twenty-six (26) inches, and shall be legibly drawn using a decimal or engineer's scale at a scale not smaller than one inch equals forty (40) feet and shall clearly show the following information:

1. The dimensions, total area and record boundaries of the total parcel together with a legal description of the total parcel,
2. The dimensions, area, legal description and boundaries of each proposed parcel,
3. The names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer, or licensed surveyor who prepared the map,
4. The abutting streets and alleys and existing surface improvements and proposed dedications and improvements, if any,
5. The location of other existing easements,
6. Any and all improvements existing on the property in relation to the property lines and the proposed division,
7. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,
8. If necessary, the board of zoning adjustment shall establish the front of the lots and front setbacks,
9. Such other information as the board determines is necessary for the board of zoning adjustment to consider properly the proposed division, including topographic data in hillside areas,
10. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,
11. Method of surface water disposal,
12. Location and depth of fill areas;

B. Hearings for lot splits shall be held by the board of zoning adjustment and shall be processed in the same manner as for tentative subdivision maps. (Prior code § 29.5-18)

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