Chapter 16.16 — MERGERS

If the Community Development Director either on his or her own initiative or upon investigation of information received, determines that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he or she may cause a notice of intention to record a notice of violation, setting forth the information prescribed by Government Code Section 66499.36, to be recorded with the City Recorder.

(CCCC§ 92-12.404)

After recording the notice of intention to record a notice of violation, and at least sixty (60) calendar days prior to the recording of a notice of violation, the Community Development Director shall advise the owner of the real property, by mail, of the intention to record a notice and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded. The Community Development Director shall also mail a copy of the recorded notice of intention to the owner.

(CCCC§ 92-12.406)

If the Community Development Director, either on his or her own initiative or upon investigation of information received, determines that contiguous parcels of land have merged pursuant to the provisions of the Subdivision Map Act or of this title, he or she may cause a notice of merger, setting forth the information prescribed by Government Code Section 66424.2, to be recorded with the City Recorder.

(CCCC§ 92-12.408)

At least thirty (30) calendar days prior to the recording of a notice of merger, the Community Development Director shall advise the owner of the parcels or units of land to be affected by the merger, in writing, of the intention to record a notice of merger and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

(CCCC§ 92-12.410)

Upon the noticed hearing the Planning Commission may wholly or partially affirm, reverse or modify the decision of the Community Development Director and his or her recordation of the notice of intention to

record a notice of violation or noticed intention to record a notice of merger. If the Planning Commission determines that no violation of, or merger pursuant to the Subdivision Map Act or this title has occurred, it may direct the Community Development Director to issue and file for recordation a release of the notice of intention to record a notice of violation or not to file a notice of merger.

(CCCC§ 92-12.412)

Any hearing before the City Council of an appeal from the Planning Commission as to the recordation of a notice of intention to record a notice of violation or proposed recordation of a notice of merger shall be conducted in accordance with the provisions pertaining to such appeals before the Commission.

(CCCC§ 92-12.414)

All department, officials and employees of the city vested with the duty or authority to issue permits necessary to develop any real property shall conform to the provisions of this title, and shall not wilfully issue any permit or license for use or construction or any other purpose in conflict with the provisions of this title or of the Subdivision Map Act; and any such permit, or license issued in conflict therewith shall be null and void. Nothing in this chapter shall be deemed to require the recording of a notice of violation or merger as a condition precedent to the enforceability of any of the provisions of this title.

(CCCC§ 92-12.416)

Requests for issuance of a certificate of compliance shall be submitted, in legible and readily reproducible writing to the Community Development Department, on its standardized form accompanied by a plot plan and such supporting information as may be deemed necessary by the Community Development Director to determine compliance herewith.

(CCCC§ 92-12.602)

Upon requesting issuance of a certificate of compliance, the applicant shall deposit with the Community Development Director for payment to the Treasurer of the city, cash or check in a sufficient sum to cover the fee for issuance and recording of the certificate of compliance. The schedule of fees will be that recommended by the Community Development Director and adopted by the City Council from time to time by resolution.

(CCCC§ 92-12.604)

Within fifteen (15) calendar days after filing of the request, the Community Development Director shall review the request and determine whether the property or the division thereof complies with the provisions

of the Subdivision Map Act and this title, and shall determine whether a certificate of compliance should be issued or denied or a conditional certificate of compliance issued and recorded. Any certificate of compliance or conditional certificate of compliance issued shall set forth the information prescribed by Government Code Section 66499.35 and shall be filed for record with the city recorder by the Community Development Director. If the Community Development Director determines that such property could be brought into compliance by fulfillment of certain conditions, he or she shall so state in his or her decision of denial or the conditional certificate of compliance issued and recorded.

(CCCC§ 92-12.606)

Upon denial of any request for a certificate of compliance by the Community Development Director, the applicant may still apply to the appropriate division of the city's Planning Agency in accordance with the provisions of this title for approval of a final or parcel map for his or her property.

(CCCC§ 92-12.608)

16.16.190 - Map compliance.

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcel of real property described therein.

(CCCC§ 92-12.610)

Chapter 16.20 - TENTATIVE MAPS

Sections: