Sanger Municipal Code § 62-32 Voidability of certain transactions

Footnotes:

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Cross reference— Administration, ch. 2.

The planning commission shall constitute the advisory agency and is authorized to approve, conditionally approve, or disapprove tentative maps. In addition to all other responsibilities assigned to the advisory agency by the map act, the agency is assigned the responsibilities referred to in Government Code § 66474.7 and all other responsibilities set forth in this chapter.

(Code 1960, § 19.11)

The planning director is designated as the executive secretary to the advisory agency with the authority to receive preliminary and tentative maps of proposed subdivisions according to the subdivision map act.

(Code 1960, § 19.12)

A tentative, final and parcel map shall be required for all subdivisions of land authorized or required by the subdivision map act. Any division of lands not subject to a parcel map or final map procedure by the provision of the subdivision map act shall be exempt from the provisions of this chapter.

(Code 1960, § 19.13)

(a) Pursuant to Government Code § 66428, the planning commission may waive the requirements of a parcel map imposed by Government Code § 66426.

(b) The planning commission shall not approve the waiver of a parcel map unless it makes the following findings:

(1) That the proposed division is in compliance with all requirements of the city zoning ordinance.

(2) That all improvements for the proposed division of land have been completed in accordance with the requirements for a final map as set forth in article V of this chapter.

(3) That the proposed division of land is in compliance with all the requirements imposed by the environmental quality act (CEQA) of 1970 and the City Environmental Impact Reports (EIR) Guidelines.

(4) That no additional dedications for the purpose of public facilities or improvements are necessary for the public safety and welfare.

(5) That the proposed division of land is in conformance with the city's general plan or relevant specific plan.

(c) Upon making these findings, the planning commission shall issue a certificate of compliance for recording in accordance with Government Code § 66499.35.

(d) A tentative map subject to the requirements of this chapter or other additional information deemed necessary by the planning commission for waiver consideration may be required with the request for waiver. In addition, a preliminary title report in accordance with section 62-114 may be required. Fees for filing, checking, and processing the waiver and notice of compliance shall be in the amount prescribed from time to time by resolution of the city council.

(Code 1960, § 19.14; Ord. No. 898, § 1, 10-21-93)

(a) No permit shall be granted for the construction, installation or placement of any building for sale, lease, or financing on any lot or parcel, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by this article until such map thereof, in full compliance with the provisions of this chapter and the map act, has been filed for record by the county recorder.

(b) Any permit issued contrary to the provisions of this section shall be void.

(Code 1960, § 19.15)

It is unlawful to offer to sell or lease, to contract to sell or lease, to sell or lease, to finance any lot or parcel or real property or commence construction of any building for sale or lease or financing thereon, except for model homes for which a final map or parcel map is required by this chapter, until such map thereof, in full compliance with the provisions of this chapter and the map act, has been filed for record by the county recorder.

(Code 1960, § 19.16)

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 map act or this chapter, is voidable to the extent and in the same manner provided in Government Code § 66499.32.

(Code 1960, § 19.17)

(a) Any act declared by this chapter to be unlawful shall be an infraction and any person, upon conviction thereof, shall be punishable as provided by section 1-7.

(b) A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable as provided in this section.

(Code 1960, § 19.19)

This chapter does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled, and the city or any aggrieved public agency may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this chapter.

(Code 1960, § 19.20)

(a) The city engineer may approve a lot line adjustment or voluntary lot merger provided that it meets the following criteria:

(1) The application for the lot line adjustment/voluntary lot merger is complete and includes the necessary information for the city engineer to make his/her determination.

(2) The resulting parcels conform to the City of Sanger General Plan.

(3) The resulting parcels conform to the City of Sanger Zoning Ordinance.

(4) The resulting parcels conform to the City of Sanger Building Ordinance.

(5) The resulting parcels do not require the relocation or extension of existing utilities such as water, sanitary, sewer, or other utilities.

(6) The lot line adjustment/voluntary lot merger does not affect existing public easements or rights-of-way.

(7) The number of parcels involved is four or fewer existing adjoining parcels and a greater number of parcels then originally existing will not be created by the adjustment or merger.

(8) In the case of a voluntary lot merger, the parcels are contiguous and under common ownership. The city shall approve the merger by the recordation of an instrument entitled "Notice of Voluntary Merger" which states the contained proposed merged parcels' legal descriptions now constitute one parcel.

(b) The city engineer shall file certificates of compliance with the County of Fresno Recorder's Office for each of the adjusted parcels upon perfection of the lot line adjustment by the applicant.

(Ord. No. 1148, § 1, 8-7-14)