§ 120.40

A.

The approving authority may grant a waiver or conditional waiver of any of the design or improvement requirements of this subpart with respect to a particular division at the time it approves the tentative map of the division. A waiver shall not be granted unless:

1.

The applicant has submitted a written application therefor more than 20 days before the hearing to consider the tentative map;

2.

In order to grant a design waiver the approving authority must find that each of the following conditions exist:

a.

There are special conditions or circumstances peculiar to the property proposed to be divided which would justify the adjustment or waiver;

b.

Strict application of the design or improvement requirements of this subpart would cause extraordinary and unnecessary hardship in developing the property;

c.

The adjustment or waiver would not be injurious to adjacent properties or detrimental to the health, safety, convenience and welfare of the public;

d.

The adjustment or waiver would not have the effect of nullifying the objectives of this subpart or any other law or ordinance applicable to the division.

B.

The order granting the adjustment or waiver may contain such conditions as deemed necessary by the approving authority, and failure to conform to the conditions will be grounds for disapproval of the final map or the division.

(Prior Code, § 9605; Code 1997, § 16.40.010; Ord. No. 3805, § 13, 1988)

Whenever a tentative map is filed for any division of lands subject to the provisions of a California Land Conservation Act contract, it shall be a condition of approval of the map that the Agricultural Commission finds that each of the resulting parcels would meet the criteria for establishment of independent contracts, and that the landowner initiate proceedings to establish a separate contract for each parcel.

(Prior Code, § 9606; Code 1997, § 16.40.020)

A.

No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this subpart until the map is in full compliance with the provisions of this subpart and has been filed with the County Recorder. This prohibition shall not apply to parcels shown on the latest equalized County assessment roll.

B.

Conveyances of any part of a division of real property for which a parcel map is required by this subpart of local ordinance shall not be made by parcel number or letter designation, unless and until the map has been filed for

record with the Recorder of the county in which any portion of the division is located.

C.

This section does not apply to any parcel or parcels of a division offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from this subpart, regulating the design and improvement of divisions in effect at the time the ordinance from which this subpart is derived was established.

(Prior Code, § 10,000; Code 1997, § 16.40.030)

Any person, firm, partnership, association, corporation or other entity violating this subpart is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000.00 or by imprisonment in the County jail for a term not exceeding six months or by both such fine and imprisonment. At the discretion of the Community Development Department, or the District Attorney, the violation may be reduced to an infraction with maximum penalty of $500.00.

(Code 1997, § 16.40.040; Ord. No. 3831, § 11, 1988)

CHAPTER 120.44. - CONDITIONS AND REQUIREMENTS