The purpose of this chapter is to protect purchasers of new
homes or lots for custom homes against unacceptable development on
adjacent property by requiring the sellers of such homes and lots
to disclose land use regulations applicable to contiguous properties
and to disclose the nature of any development project approvals for
such property that may exist.
(Ord. 823 Exh. A, 2003)
The words, terms, and phrases used in this chapter shall be
defined as follows:
"Contiguous"
means touching along a boundary of the subject lot and also
includes touching along a boundary of the subdivision in which the
subject lot is located.
"Development project approval"
means any approval granted by the community development department
staff, the planning commission, or the city council authorizing any
construction activity or alteration or the landscape, its terrain
contour or vegetation, including the erection or alteration of structures.
The term includes, but is not limited to, general plans and amendments,
specific plans and amendments, zoning amendments, subdivision map
applications, preliminary development plans, and conditional use permits,
and variances.
"Subject lot"
means the custom lot or the lot on which the newly constructed
home that is either the subject of the potential purchasers inquiry,
or sale to a purchaser.
(Ord. 823 Exh. A, 2003)
Any person engaged in the sale of a newly constructed, or to be constructed residence, or engaged in the sale of lots for the subsequent development of custom homes, shall at the time of entering into an agreement for the sale of such home or lot provide to the purchaser a notice containing all of the information described in Section
9.60.030(B).
(Ord. 823 Exh. A, 2003)
Any person engaged in the sale of a newly constructed, or to
be constructed residence, custom lot, or engaged in the sale of lots
for the subsequent development of custom homes, shall forward to the
purchaser of the lot or residence any legal notice concerning a pending
request for a development project approval received by the seller
because of the sellers prior ownership of the lot or residence to
be sold.
(Ord. 823 Exh. A, 2003)