295ExhibitAEXHIBIT A
TITLE 16, SUBDIVISION CODE
Amend Title 16, Subdivision as follows:
1. Section 16.04.200 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.04.200 Notice. 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.
2. Add Section 16.08.000 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows:
Section 16.08.000 Association. See Rolling Hills Community Association.
3. Add Section 16.08.195 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows:
16.08.195 Rolling Hills Community Association. “Rolling Hills Community Association” means the Rolling Hills Community Association of Rancho Palos Verdes, a non-profit California corporation,
also known as “Association”.
4. Section 16.12.050 H of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.12.050 Contents – Matters required
H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the
setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall
not be greater than twelve percent, or as otherwise approved by the Planning Commission; and to the stable area not greater than twenty-five percent;
5. Section 16.16.010 Lot Size, subparagraph C. of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
C. For the purposes of this section "net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded
roadway easement (or roadway easement required to be dedicated as a condition of the subdivision) plus the area within ten feet measured perpendicular to the edge of the roadway easement;
(b) the ten-foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip
portion of a flag lot.
6. Section 16.16.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.16.080 Private streets. All streets shall be shown on the tentative map and on the final map as private streets, but the final map shall contain a conditional
offer of dedication, which may be accepted by the City Council at such time as the street is opened to public travel for three months or more. The subdivider, by means of restrictive
covenants or contracts satisfactory to the Advisory Agency, shall provide for the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such
private streets until such time as said conditional offer of dedication is accepted by the City Council. All easements for private streets or other purposes shown on the map, if not
accepted by the City as provided in this section, may be, but need not be, conveyed to the Association. A recorded written agreement of the Association to maintain and repair said streets,
submitted to the City Clerk, shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining such private streets.
7. Section 16.16.170 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.16.170 Lot layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the
setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall
not be greater than twelve percent, unless otherwise approved by the Planning Commission pursuant to Section 17.16.160 of the Zoning Ordinance, and to the stable area not greater than
twenty-five percent.
8. Section 16.20.140 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows:
16.20.140 Underground utilities. Utility lines, including but not limited to electric, communications, and cable television, shall be placed underground prior to receiving final map
approval from the City Council. The subdivider shall be responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies
for the installation of such facilities. All appurtenant and associated equipment, such as but not limited to transformers, meter cabinets and other facilities shall be placed underground,
unless the affected utility company determines that placement of its facilities underground is not technically feasible. The subdivider may request a waiver from this requirement, by
providing a letter to the City from the utility companies explaining the reason(s) why the undergrounding of the appurtenant facilities is not feasible.
9. Section 16.20.170 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows:
16.20.170 Improvement agreement. If a required improvement other than undergrounding of utilities is not completed before a final map is approved, the subdivider shall enter as contractor
into an agreement with the City to complete the improvement no later than thirty-six (36) months after recording the final map or such other time as determined by the City Council at
the time the final map is approved. Undergrounding of utilities shall be completed prior to final map approval as specified in Section 16.20.140.
10. Section 16.20.210B of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.20.210 Grading prohibitions.
B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area. Disturbance shall include any remedial grading (temporary disturbance), any proposed or
existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously
disturbed impervious surface, such as an abandoned driveway or other areas determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain
and contours of the immediately adjacent area, without triggering grading, as defined in Section 15.04.120 of the Municipal Code, then such area shall not be considered disturbed.
11. Section 16.20.230 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.20.230. Boundary line easements. The subdivider shall dedicate an easement for bridle trail and utility purposes over the strips and portions of land of a width determined by the
Association lying entirely within and abutting upon the sidelines and rear lines of each lot of the subdivision. The conveyance of said easements to the Association shall be deemed compliance
with the requirements of this section.
12. Section 16.24.010 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.010 Time limit of tentative maps. Within twenty-four (24) months after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of
land to be accurately surveyed and a final map prepared and filed in the office of the County Recorder; otherwise, the map shall expire. The time limit for such filing may be extended
by the City Council for a period not to exceed a total of five years.
13. Section 16.24.070 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.070 Dedications--Streets, roadways and other vehicular, pedestrian, and equestrian rights-of-way.
A. Except as otherwise provided by this title, streets, roadways, and other vehicular, pedestrian and equestrian rights-of-way, or portions thereof, which are required as a condition
precedent to filing a final map, shall be offered for public use. The subdivider, by means of restrictive covenants or contracts satisfactory to the Advisory Agency, shall provide for
the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such private streets until such time as said conditional offer of dedication shall
be accepted by the City Council. If the easements for private streets shown on the final map are not accepted by the City, they shall be conveyed to the Association. A recorded written
agreement of the Association to maintain and repair said streets, submitted to the City Clerk, shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining
such private streets.
B. Future streets shall be offered for public use, which offer shall remain open for an indeterminate period of time until the City Council determines that the opening of the street
is warranted. The owners of the underlying fee to any portion of a future street shall retain the right to any and all ordinary uses of such land, except the erection or construction
thereon of any structure not ordinarily placed in public streets, until such time as the City Council opens the street for public use.
14. Section 16.24.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.080 Access rights. Access rights to major and secondary highways and to one street for double frontage lots, except corner lots, shall be dedicated to the City, or may be conveyed
to the Association.
15. Section 16.28.100 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.28.100 Improvement securities--Amount and purpose. An improvement security shall be for the following amounts:
An amount estimated by the inspecting officer to be equal to one hundred percent of the total cost of improvements covered by the security, guaranteeing the faithful performance of the
improvement work; and
B. An additional amount estimated by the inspecting officer to be equal to not less than fifty percent nor more than one hundred percent of the cost of the improvements covered
by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.
16. Section 16.28.150 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.28.150 Park in-lieu fees and/or dedication of land when subdividing property. The subdivider of property within the City shall dedicate land or pay a fee in lieu thereof for all
lots created not having a dwelling unit at the time of tentative map approval for purposes of park and recreational facilities in accordance with the following proportional standards:
A. The amount of fee in lieu of land dedication shall be arrived at by multiplying the per-dwelling average of the total citywide assessed evaluation of full market value (land and
improvements), as determined by the latest available secured County of Los Angeles assessment rolls by the park standard per lot. The park standard per lot is derived by multiplying
the park standard per person, set by the Subdivision Map Act, by the citywide average number of persons per dwelling, derived from the most recent United States census data.
B. The amount of land to be dedicated by a subdivider pursuant to this section shall be based on the conversion of the park standard per lot to acreage. This conversion shall be the
citywide average number of persons per dwelling, derived from the most recent United States census data, divided by the park standard per person set by the Subdivision Map Act and multiplied
by 43,560 square feet (1 acre).
C. Choice of land or fee payment and the procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
1. At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether it is desired to dedicate property for park
and recreational purposes, or pay a fee in lieu thereof. If dedication of land is requested, then the area proposed for dedication shall be shown on the tentative map as submitted.
2. At the time of the tentative map consideration the City Council shall determine as a part of such proceedings whether to require dedication of land within the subdivision, payment
of a fee in lieu, or a combination thereof. The City Council shall evaluate the recommendation of the advisory agency in making a determination relative to land dedication or payment
of fee in lieu.
3. Where dedication of land is required, it shall be accomplished in accordance with the provisions of the State of California Subdivision Map Act. Where in-lieu fees are required,
such fees shall be deposited with the City prior to approval of the final map, and shall be based on the calculations of subsection A above.
4. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be solely a City Council decision which
shall be determined by consideration of the following:
a. Provisions of the general plan; and
b. Location of land proposed for dedication and ability to serve all residents of the City.
17. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.44 to read as follows:
Chapter 16.44
Lot Line Adjustment
16.44.010 Purpose of chapter
This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the general plan
and the requirements of the Subdivision Map Act.
16.44.020 Applicability
A. The lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent
parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels
involved in the adjustment.
B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.
16.44.030 Adjustment application and processing
A lot line adjustment application shall be prepared, filed and processed as provided by this section.
Application content. A lot line adjustment application shall include all information and other materials required by the City Manager or designee and be accompanied by a filing fee
set forth in the City’s Resolution of fees schedule.
Processing. Lot line adjustment applications shall be submitted to the City Manager or designee and shall be processed in compliance with the procedures specified in Chapter 17.46 for
Site Plan Review of the Zoning Ordinance.
(3) Association Review. Lot line adjustment application shall be accompanied by proof that the Association reviewed the project for potential impacts to existing easements and trails.
16.44.040 Approval or denial of adjustment
The Planning Commission shall determine whether the parcels resulting from the adjustment will conform to the applicable provisions of this title. The Planning Commission may approve,
conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the Planning Commission may be appealed to the City Council in compliance with
chapter 17.46 Site Plan Review of the Zoning Ordinance.
Required findings. A proposed lot line adjustment shall be denied if the Planning Commission finds any of the following:
The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;
Any parcel resulting from the adjustment will conflict with any applicable regulations of the zoning ordinance; or
The adjustment will result in an increase in the number of nonconforming parcels.
Conditions of approval. In approving a lot line adjustment, the Planning Commission shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements
of this Chapter, Title 17 (Zoning) and Title 15 (Building and Construction) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, trails or easements.
16.44.050 Completion of adjustment
Within the time period specified in Section 17.46.080 Expiration of Approval of Site Plan Review, the process shall be completed in compliance with this section through the recordation
of a deed or record of survey, after all conditions of approval have been satisfied.
Completion by deed. A lot line adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The applicant shall submit deeds
to the City Manager or designee for review and approval in compliance with subsection (3) below before recordation of the grant deed. A qualified registered civil engineer, or a licensed
land surveyor licensed or registered in the state shall prepare the legal descriptions provided in the deeds.
Completion by record of survey. If required by Business and Professions Code § 8762 et seq., a lot line adjustment shall not be effective or final until a record of survey has been checked
by the City Manager or designee and recorded by the county recorder.
Review and approval by City Manager or designee. The City Manager or designee shall:
Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;
Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;
Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel,
and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;
If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.
(4) Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed and recorded within the time period specified in Section 17.46.080
Site Plan Review of the Zoning Ordinance.
18. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.48 to read as follows:
Chapter 16.48
Certificates of Compliance
16.48.010 Purpose of chapter
This chapter provides procedures for the filing, processing, and approval or denial of certificates of compliance and conditional certificates of compliance, consistent with the policies
of the general plan and the requirements of the Subdivision Map Act.
16.48.020 Applicability
A certificate of compliance is a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A conditional
certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided.
Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request, or the City may require as a condition of approval of a land development
permit, a certificate or conditional certificate of compliance.
16.48.030 Application contents
A certificate of compliance application shall include the form provided by the City Manager or designee, the required filing fee, a chain of title, consisting of copies of all deeds
beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map, and other information as requested by the reviewing authority.
16.48.040 Review and approval
A. City action. The City Manager or designee shall review all available information and make a determination whether the real property was divided in accordance with the Subdivision
Map Act, this title, and other applicable provisions of the Municipal Code. Upon making the determination, the property owner shall cause a certificate of compliance to be filed with
the county recorder. In the event that the City Manager or designee determines that the real property does not comply with the provisions of this title or the map act, the application
shall instead be processed as a conditional certificate of compliance.
B. Form of certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the map act and this title, and
shall include all information required by Government Code section 66499.35.
C. Effective date of certificate. A certificate of compliance shall not become final until the county recorder has recorded the document.
16.48.050 Conditional certificates of compliance
A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current
standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur in compliance with this section.
Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance.
Review and approval. The processing, review and approval of the application shall occur as follows.
Report. The City Manager or designee shall prepare a report that
Describes the history of the land division
Determines whether the property was legally divided, in compliance with state law and applicable city (or earlier county) regulations at the time of division;
References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred; and
Identifies appropriate conditions of approval.
Review by City Manager or designee. Upon making a determination that the real property does not comply with the provisions of this title or the Subdivision Map Act, the City Manager
or designee may grant a conditional certificate of compliance, imposing conditions as provided by subsection (3) below.
Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the City Manager or designee may impose any conditions that would
be applicable to a current subdivision, as provided by the Subdivision Map Act and this title, regardless of when the property was divided. If the owners had no responsibility for the
subdivision that created the parcel, the City Manager or designee may only impose conditions that would have been applicable at the time the property was acquired by the current owners.
Appeal. A decision to issue or not issue a conditional certificate of compliance and/or to impose conditions may be appealed to the review authority in compliance with chapter 17.44
(Zone Clearance) of the Zoning Ordinance.
Completion of process. Following expiration of the appeal period after the determination and imposition of conditions by the City Manager or designee, the City shall file a conditional
certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate,
a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance
of a permit or other approval for the development of the property.
Effective date of certificate. A conditional certificate of compliance shall not become effective until the county recorder has recorded the document.
19. Sections 16.24.370, 16.24.380, 16.24.390, 16.24.400 and 16.24.410 pertaining to Certificate of Compliance of Title 16, of the Rolling Hills Municipal Code are hereby repealed.
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Ordinance No. 295