No building permit, grading permit, nor any other permit shall
be issued, nor any approval granted, that is necessary to develop
any real property which has been divided, or which has resulted from
a division, in violation of the provisions of the Subdivision Map
Act or City ordinances enacted pursuant thereto applicable at the
time such division occurred, unless the City Planner or, on appeal,
the City Council finds that development of such real property is not
contrary to the public health or the public safety. The authority
to deny such a permit or such approval shall apply whether the applicant
therefor was the owner of the real property at the time of such violation
or whether the applicant therefor is the current owner of the real
property with, or without, actual or constructive knowledge of the
violation at the time of the acquisition of his or her interests in
such real property.
(Ord. 459 § 16.17.040, 1979)
Whenever any person submits an application to the Building Official
for a building permit for proposed construction of more than one main
building as defined in the zoning ordinance on any single lot or building
site, the Building Official shall refer such application together
with the plot plan to the City Planner for his or her determination
as to whether such proposed construction would create a subdivision.
The Building Official shall not issue a building permit for such proposed
construction unless the City Planner has approved the plot plan and
determined that the proposed construction would not constitute a violation
of the Subdivision Map Act or this title.
(Ord. 459 § 16.17.040, 1979)
A. Upon
receipt of a written notification from the permit issuing authority,
or the body authorized to grant approval, that a permit or approval
is being sought to develop real property which has been subdivided,
or which has resulted from a division in violation of the Subdivision
Map Act or City ordinances enacted pursuant thereto, or upon receipt
of a written request from the owner of such real property, the City
Planner or, on appeal, the City Council shall determine whether such
real property is or is not approved for development, and shall so
inform the owner thereof and the authority or body which has originated
said notification.
B. If it is determined that such real property is approved for development, the City Planner or the City Council, whichever has made such determination, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and are appropriate to satisfy public health and safety considerations and other considerations as are specified in this title, and the City Planner shall cause a certificate of compliance relative to the subject real property and reflecting such conditions to be filed with the County Recorder pursuant to Section
18.72.050.
(Ord. 459 § 16.17.040., 1979)
In determining whether approval or conditional approval should
be granted for development of real property divided, or resulting
from a division, in violation of the Subdivision Map Act or City ordinances
enacted pursuant thereto, the City Planner and the City Council shall
give consideration to the following:
A. Whether
the owner of the real property can rescind the agreement by which
he or she acquired the real property and recover the consideration
paid therefor;
B. Whether
the real property meets the requirements of the applicable zoning
regulations;
C. Whether
the real property is served by a public sewer;
D. Whether
the real property has a potable water supply;
E. Whether
the real property has legal access to a public dedicated street;
F. Whether
the current owner would have been required to dedicate land for any
public purpose to construct or install any improvements pursuant to
the terms of the Subdivision Map Act or City ordinances enacted pursuant
thereto had the subdivision by which said real property was created
been submitted for approval at the time the current owner acquired
the property.
(Ord. 459 § 16.17.040, 1979)
A. Any
owner of real property may request in writing that the City Planner
make a determination whether such real property complies with applicable
provisions of the Subdivision Map Act and City ordinances enacted
pursuant thereto. Within 50 days after receipt of such written request,
the City Planner shall make a determination that such real property
complies with the applicable provisions of the Subdivision Map Act
and City ordinances enacted pursuant thereto, or that such real property
does not comply with said provisions, and shall so notify the owner
thereof setting forth the particulars of such compliance or noncompliance.
B. If
the subject real property is found to be in compliance with the Subdivision
Map Act and City ordinances enacted pursuant thereto, the City Planner
shall cause a certificate of compliance relative to such real property
to be filed for record with the County Recorder.
(Ord. 459 § 16.17.050, 1979)
A. Certificates
of compliance shall be issued only for real property that:
1. Was
divided, or resulted from a division, in compliance with City ordinances
regulating the division of real property and the Subdivision Map Act
applicable at the time such real property was divided or resulted
from such division; or
2. Has been approved for development pursuant to Sections
18.72.010 through
18.72.040; such certificates of compliance may be granted subject to conditions as specified in Sections
18.72.010 through
18.72.040 and such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance or by a grantee of such property owner. If such conditions are not fulfilled or implemented by the applicant property owner or the grantee, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property and any subsequent transferee or assignee shall make a new application for a certificate of compliance and said certificate of compliance shall be subject to such conditions as would have been applicable at the time such assignee or transferee acquired the property. In any case, no permit or other approval necessary to develop said real property shall be issued or granted until such conditions have been fulfilled and implemented; or
3. Has been approved for division and the requirement for preparing, filing, and recording a parcel map has been waived pursuant to Section
18.44.190.
B. A recorded
final subdivision map or recorded parcel map shall constitute a certificate
of compliance with respect to the lots described therein and no additional
certificates of compliance shall be issued therefor.
(Ord. 459 § 16.17.050, 1979)
Any person dissatisfied with any action of the City Planner
pursuant to this chapter may appeal to the City Council.
(Ord. 459 § 16.17.060, 1979)