San Ramon Municipal Code Ch. XV Enforcement and Appeals

City of San Ramon, CA | Municipal Code 503

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 final or parcel map is required by the Subdivision Map Act or this division, until such a final or parcel map, in full compliance with the provisions of the Subdivision Map Act and this chapter, has been filed of record by the county recorder. B. Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this division shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the county recorder. C. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this division, regulating the design and improvement of subdivisions in effect at the time the subdivision was established. D. Nothing contained in subsection A of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease of financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act or this division. (Ord. No. 406, § 2, 10-28-2008)

A. Any deed of conveyance, sale or contract to sell real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or this division, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heirs, personal representatives, or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee. B. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property. C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section C5-8 or dentified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect, in any way, the rights of a grantee or successor in interest under any other provision of law. D. This section does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation may otherwise be entitled, and the city or other public agency, or such person, firm or corporation may file a suit in the superior court to restrain

City of San Ramon, CA | Municipal Code 504

or enjoin any attempted or proposed subdivision or sales, lease, or financing in violation of the Subdivision Map Act or this division. E. The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this division, if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property. F. If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose only those conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Section C5-9, only those conditions stipulated in that certificate shall be applicable. (Ord. No. 406, § 2, 10-28-2008)

A. If the planning director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this division, a notice of intention to record a notice of violation shall be mailed by the planning director by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Section 66412.6 (a) or (b) of the Government Code. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the planning director why a notice of violation should not be recorded. B. The meeting shall be held no sooner than thirty calendar days and no later than sixty calendar days from the date of mailing of the notice of intention to record a notice of violation. If, within fifteen calendar days of receipt of the notice, the owner fails to file with the director a written objection to recording the notice of violation, the planning director shall file the notice of violation for record with the county recorder. If, after the owner has presented evidence, the planning director determines that there has been no violation, the planning director shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning director determines that the property has in fact been illegally divided, the planning director shall file the notice of violation for record with the county recorder. C. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. No. 406, § 2, 10-28-2008)

Appeal of any planning director action pursuant to this division shall be made to the planning commission in accordance with the provisions of Section C5-86 of this division. (Ord. No. 406, § 2, 10-28-2008)

C5-225 through C5-230. Reserved. -

City of San Ramon, CA | Municipal Code 505