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NS-3013
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NS-3013
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Last modified
1/5/2022 4:27:34 PM
Creation date
12/23/2021 2:34:14 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3013
Item #
42
Date
12/21/2021
Destruction Year
P
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(d) The approval must require the owner and applicant to reimburse the city for <br />all costs of enforcement, including attorneys' fees and costs associated with <br />enforcing the requirements of this code. <br />Sec. 41-2109. - Requirements. <br />An urban lot split must satisfy each of the following requirements: <br />(a) Map Act Compliance. <br />(1) The urban lot split must conform to all applicable objective <br />requirements of the Subdivision Map Act (Gov. Code section 66410 <br />et. seq., "SMA") and implementing requirements in this code, except <br />as otherwise expressly provided in this division. <br />(2) If an urban lot split violates any part of the SMA, the city's subdivision <br />regulations, including this division, or any other legal requirement: <br />(A) The buyer or grantee of a lot that is created by the urban lot <br />split has all the remedies available under the SMA, including <br />but not limited to an action for damages or to void the deed, <br />sale, or contract. <br />(B) The city has all the remedies available to it under the SMA, <br />including but not limited to the following: <br />(i) An action to enjoin any attempt to sell, lease, or finance <br />the property. <br />(ii) An action for other legal, equitable, or summary <br />remedy, such as declaratory and injunctive relief. <br />(iii) Criminal prosecution, punishable by imprisonment in <br />county jail or state prison for up to one year, by a fine <br />of up to $10,000, or both; or a misdemeanor. <br />(iv) Record a notice of violation. <br />(v) Withhold any or all future permits and approvals. <br />(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights - <br />of -way or construction of offsite improvements is required for an <br />urban lot split. <br />(b) Zone. The lot to be split is in a zoning district that allows single-family <br />residences. <br />(c) Lot Location. <br />Ordinance No. NS-3013 <br />Page 8 of 32 <br />
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