Larkspur Municipal Code Ch. 17.48 Violations and Certificates of Compliance

No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by the Subdivision Map Act or this title, until such map thereof in full compliance with the provisions of the Subdivision Map Act and this title has been filed for record in the office of the Marin County Recorder. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. Such person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued, or permitted. In addition, to the penalties hereinabove described, any condition caused or permitted to exist in violation of any provision of this title is a public nuisance and shall be regarded as a new and separate offense. (Ord. 1069 § 2, 2023; Ord. 1030 § 2(11), 2018; Ord. 723 § 21, 1985; Ord. 584 § 1 (part), 1977)

Whenever any person has knowledge that real property has been divided or has resulted from a division, in violation of provisions of the Subdivision Map Act or of this title, they shall report such violation to the Community Development Director and City Engineer. After verification, it shall be the duty of the Community Development Director to cause to be filed a notice of violation following the procedures of Government Code Section 66499.36. When recorded, the notice shall be deemed to be constructive notice of the violation to all successors in interest of the subject real property. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The City shall not issue any permit or grant any approval necessary to develop any real property which has been subdivided in violation of this title, if it finds that development of the property is contrary to the public health or public safety. If the City issues any permit or grants approval for development of any such property, it may impose such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. Except as otherwise provided herein, two (2) or more contiguous parcels or units of land, hereinafter referred to collectively as “parcels,” held by the same owner, which have been created under the provisions of the California Subdivision Map Act or any prior state law regulating the division of land or any subdivision ordinance of the City of Larkspur, or which were not subject to such provisions at the time of their creation, shall be merged if:

1. Any one of such contiguous parcels does not conform to standards for minimum parcel size to permit
use or development under a zoning, subdivision, or other ordinance of the City of Larkspur; and

2. At least one of such contiguous parcels is not developed with a building.

B. Two (2) or more parcels, each of which is developed with a building, shall not be merged to each other, even where they are contiguous to a substandard-sized parcel that is in common ownership and not developed with a building; however, the substandard-sized parcel or parcels shall merge with one of the developed parcels in accordance with the provisions herein.

C. In no case shall one or more contiguous parcels, each of which is developed with a building, be merged, even when one or more of the buildings is destroyed or damaged to any extent.

D. In cases where parcels are to be merged into two (2) or more parcels and a logical pattern of assigning the original parcels to the new parcels is not apparent, such assignment shall be made by the Planning Commission, following adequate notice to the parcel owners, using the best development standards then in effect.

E. For the purposes of this section, “building” shall mean a structure in which is conducted the principal use of the lot upon which it is situated, for which a building permit was issued, or which was built prior to the time that building permits were required. (Ord. 1030 § 2(11), 2018; Ord. 682 § 2, 1981; Ord. 680 § 2, 1982)

A. Any owner of real property may request in writing that the Community Development Director make a determination whether any real property was divided, or has resulted from a division, in compliance with applicable provisions of the Subdivision Map Act or provisions of this code at the time the real property was divided. The request shall be accompanied by a fee in the amount designated by City Council resolution. Within twenty (20) working days after receipt of such written request and such fees and applications as may be required of the applicant, the Community Development Director shall make a determination as to whether or not such real property complies with the applicable provisions of this title and shall notify the owner accordingly.

B. If the subject real property is found to be in compliance, the Community Development Director shall cause a certificate of compliance to be filed pursuant to the procedures set forth in Government Code Section 66499.35(a).

C. If the subject real property is found not to be in compliance, the Community Development Director shall notice the violation in accordance with Larkspur Municipal Code Section 17.48.030. When found not in compliance, the owner may request that the Planning Commission grant a conditional certificate of compliance pursuant to Government Code Section 66499.35(b).

D. Prior to recordation of a certificate of compliance, the Community Development Director shall determine whether the lot complies with the minimum size and contiguous ownership requirements of Larkspur Municipal Code Title 18, and their finding shall be made a part of the certificate of compliance. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)