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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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Last modified
10/24/2023 5:52:17 PM
Creation date
2/14/2023 9:56:52 AM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3038
Item #
6
Date
2/7/2023
Destruction Year
P
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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 requirements of <br />the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and <br />implementing requirements in this Code, except as otherwise expressly <br />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 split has all <br />the remedies available under the SMA, including, but not limited to, an <br />action for damages or to void the deed, sale, or contract. <br />(B) The city has all the remedies available to it under the SMA, including, but <br />not limited to, the following: <br />(i) An action to enjoin any attempt to sell, lease, or finance the <br />property. <br />(ii) An action for other legal, equitable, or summary remedy, such <br />as declaratory and injunctive relief. <br />(iii) Criminal prosecution, punishable by imprisonment in county jail <br />or state prison for up to one (1) year, by a fine of up to ten <br />thousand dollars ($10,000.00), 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 -of -way <br />or construction of offsite improvements is required for an urban lot split. <br />(b) Zone. The lot to be split is in a zoning district that allows single-family residences. <br />(c) Lot Location. <br />(1) The lot to be split is not located on a site that is any of the following: <br />(A) Prime farmland, farmland of statewide importance, or land that is zoned <br />or designated for agricultural protection or preservation by the voters. <br />(B) A wetland. <br />Ordinance No. NS-3038 <br />Page 34 of 54 <br />
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