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)