Atherton Municipal Code Ch. 16.04 General Provisions

Sections:

A. The purpose of this title is to regulate and control the design and improvement of subdivisions and to ensure their compliance with the general plan, applicable policies and regulations of the town. The regulations contained herein are intended to implement and supplement the Subdivision Map Act of the state as it now exists or as it may be hereafter amended. Except as otherwise provided herein, all provisions, requirements, and procedures set forth in the Subdivision Map Act shall be followed and satisfied. Failure to expressly reference or incorporate those provisions, requirements, and procedures herein shall not be deemed a waiver thereof.

B. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the protection of the public health, safety, and welfare. (Ord. 441 § 1, 1988)

This title shall not apply to, affect, or modify any subdivision, or lot forming a part of a subdivision, lawfully created and recorded prior to the effective date of the ordinance codified in this title, or to any approval or conditions of approval of any tentative map or tentative parcel map approved more than forty-five days prior to the effective date of the ordinance codified in this title, except as to any further division or consolidation thereof, or any further discretionary approvals requested for such subdivision or lot pursuant to the provisions of this title. (Ord. 441 § 1, 1988)

The town deems any and all parcels or units of land which were specifically merged by the Subdivision Map Act, Section 66424.2 in effect between January 1, 1977 and July 6, 1977, to be unmerged and separate parcels. (Ord. 441 § 1, 1988)

Whenever any application or submittal is made pursuant to this title, such application or submittal shall be made on or accompanied by such application forms as may be prescribed by the officer with or to whom the application or submittal is made. Whenever any application or submittal is made hereunder, including but not limited to application for tentative map and parcel map and lot line adjustments, approvals, certificates of compliance, reversions to acreage and appeals, a base fee, plus appropriate deposit to cover engineering, legal and other expenses incurred, shall be charged as set from time to time by the city council by resolution. Whenever any map, agreement, or document is required to be filed or recorded under the provisions of this title, the applicant shall pay, in addition, all filing, recording, and copying fees incurred. (Ord. 441 § 1, 1988)

The city council finds that the development of property divided in violation of this title, the Subdivision Map Act, or any predecessor legislation, prior to review of such property and determination whether it complies with current standards for lot size and design and whether imposition of any conditions is required, is contrary to the public health and safety. Therefore, no permit or approval of any type necessary for the development of such property shall be issued by the town, whether the applicant was the owner of record at the time of such violation or whether the applicant is either the current owner of record or the vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of the applicant’s interest in such real property, until such time as a final or parcel map or certificate of compliance for the property is approved and recorded any permit or license issued in conflict with the provisions of this title shall be void. The enforcement of the provisions of this section shall be in addition to any other remedy or penalty provided by law for violation of this title or the Subdivision Map Act. (Ord. 441 § 1, 1988)

A. Whenever the town has knowledge that real property located within the town has been divided in violation of the provisions of this title or the Subdivision Map Act, the city manager shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity shall be given to the owner to present evidence. Upon recording such a notice of intention to record a notice of violation, the city manager shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which the owner may present evidence to the city council why such notice should not be recorded. Such evidence shall be limited to material tending to prove or disprove the existence of the alleged violation. If, after the owner has presented evidence, the city council determines that there has been no violation, the city manager shall record a release of the notice of intention to record a notice of violation with the county recorder. If the city council determines that the property has in fact been illegally divided, or if within sixty days of receipt of such notice the owner fails to inform the city council of the owner’s objection to recording the notice of violation, the city manager shall record the notice of violation with the county recorder.

B. Nothing contained in this section shall be deemed to require the recordation of any of the notices referred to herein as a condition precedent to the enforceability of any provision of this title, the Subdivision Map Act, or any other provision of law. (Ord. 441 § 1, 1988)

The planning commission of the town, hereinafter referred to as the planning commission, is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act. (Ord. 441 § 1, 1988)