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ORDINANCE NO. ~
ORDINANCE OF THE CITY OF SAN--;~ArofrNO AMENDING ORDINANCE NO
1984 ENTITLED IN PART ". . . RULES AND REGULATIONS GOVERNING THE
PLATTING AND SUBDIVIDING OF LAND. . ."; PROVIDING FOR A PROCEDURE
TO WAIVE PARCEL MAPS AND FOR THE ISSUANCE OF CERTIFICATES OF
COMPLIANCE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 1984 is hereby amended by adding
thereto Section Seven and Three Quarters to read as follows:
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"SECTION SEVEN AND THREE QUARTERS: PARCEL MAPS
A. WAIVER OF REQUIREMENT. In any case provided in subdivision
(b) or subdivision (c) (4) of Section 11535 of the Subdivision
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Map Act, the requirement of a parcel map may be waived in
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accordance with the procedures set forth in this Section.
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B. APPLICATION; FILING FEE. An application for waiver of the
requirement of a parcel map shall be filed with the Planning
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Commission upon such forms and accompanied by a plot plan and
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such information as may be prescribed by the Planning Director.
The filing of such application shall be accompanied with the
payment of a filing fee of $20.00.
C. ACTION BY COMMISSION. An application for waiver of the re-
quirement of a parcel map shall be acted upon by the Planning
commission within 30 days after its filing, unless such time is
extended by agreement with the applicant. The Planning
Commission, or the Mayor and Common Council on appeal, shall by
written document or resolution approve the application for waiver
if it finds that the proposed division of land complies with
requirements as to area, improvement and design, flood and water
drainage control, appropriate improved public roads. sanitary
disposal facilities, water supply availability, environmental
protection, and other requirements of the Subdivision Map Act
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1 and of local ordinances which are applicable to the proposed
2 division of land. The resolution shall be subs.tantially in
3 accordance with the form of resolution therefor on file in the
4 office of the Planning Director.
5 The Planning Director shall notify the applicant within 15
6 days after the hearing as to the determination made by the Plannin
7 Commission by mailing to the applicant a Notice of Determination
8 waiving the requirement of a parcel map. The Notice of Determina-
9 tion shall be substantially in accordance with the form of notice
10 on file in the office of the Planning Director.
11 D. APPROVAL FOR AND ISSUANCE AND RECORDING OF CERTIFICATE OF
12 COMPLIANCE. When approval has been given to an application for
13 waiver of the requirement of a parcel map, then concurrently
14 therewith or at any time thereafter , at the request of the owner
15 of the property, the Planning Director may issue a certificate
16 of compliance and if it is issued the City shall cause said
17 certificate of compliance to be filed for record with the Recorder
18 of San Bernardino County. The Certificate of Compliance shall be
19 substantially in accordance with the form of certificate on file
20 in the office of the Planning Director. To cover the cost of
21 issuing and recording the Certificate of Compliance, a fee of
22 $20.00 shall be imposed.
23 E. APPEALS. Within 10 days after action by the Planning
24 Commission, an applicant may appeal to the Mayor and Common Counci
25 any denial of his application by the planning Commission. Such
26 appeal shall be governed by the procedures applicable to appeals
27 from decisions involving tentative or parcel maps. The Mayor and
28 Common Council on appeal shall have full authority to act on the
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1 application, including all authority granted hereunder to the
2 Planning Commission.
3 F. CERTIFICATE OF COMPLIANCE - PLANNING COMMISSION. The Plannin
4 Director is hereby delegated the authority for the issuance of
5 certificates of compliance pursuant to the provisions of Section
6 11538.3 of the Subdivision Map Act and this section.
7 1. REQUEST. Any person owning real property may request th
8 issuance of a certificate of compliance stating that such
9 real property (or any division thereof) complies with the
10 provisions of the Subdivision Map Act and of local ordinance
11 enacted pursuant thereto. Such request shall be filed with
12 the Planning Commission upon such forms and accompanied by
13 such information as may be prescribed by the Planning Direct r.
14 2. ISSUANCE. wi thin 30 days after filing of a request by
15 a property owner for the issuance of a certificate of com-
16 pliance, unless such time is extended by agreement wi ththe
17 property owner, the Planning Director shall determine whethe
18 such real property or the division thereof complies with the
19 provisions of the Subdivision Map Act and of local ordinance
20 enacted pursuant thereto, applicable to the property at the
21 time of the division thereof.
22 Upon making such a determination the Planning Director
23 shall cause a certificate of compliance to be filed for
24 record with the Recorder of San Bernardino county. The
25 certificate of compliance shall identify the real property
26 and shall state that the division thereof complies with
27 applicable provisions of the Subdivision Map Act and of loca
28 ordinances enacted pursuant thereto. To cover the cost of
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issuing and recording the Certificate of Compliance a fee of
$20.00 shall be imposed.
If the Planning Director determines that such real
property does not comply with the provisions of the Sub-
division Map Act or of local ordinances enacted pursuant
thereto, applicable to the property at the time of the
division, he may, as a condition of granting a certificate
of compliance, impose any of the conditions permitted under
section 11538.1 of the Subdivision Map and issue a
Conditional Certificate of Compliance in lieu of the
Certificate of Compliance. The Conditional Certificate of
Compliance shall be substantially in the form of conditional
certificate on file in the office of the Planning Director.
Such conditions may be fulfilled and implemented by the
property owner who has applied for a certificate of complianc
or by a grantee of such property owner. If such conditions
are not fulfilled and implemented by the applicant, property
owner or the grantee, the conditional certificate of
compliance shall have no force or effect upon any subsequent
transfer of the property and any subsequent transferee or
assignee shall make a new application for a certificate of
compliance pursuant to this section. The Planning
Commission may impose such conditions as would have been
applicable at the time such assignee or transferee acquired
the property. Where a certificate of compliance is granted
subject to conditions, the applicant may request the
recordation of a conditional certificate of Compliance in
which case a final Certificate of Compliance shall be
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recorded when all conditions have been fulfilled and
implemented as determined by the Planning Director.
Upon request of the owner of the property, a certificat
of compliance may be issued and filed for record for any
real property which has been approved for development
pursuant to Section 11538.1 of the Subdivision Map Act and
this Section.
A recorded final subdivision map or parcel map shall
constitute a certificate of compliance with respect to the
parcels of real property described therein except that if
certain conditions required by the Planning Commission at
the time of the division of the land have not been met, then
the Planning Director or the City Engineer may require that
those conditions be noted on the face of the subdivision or
parcel map or a note referencing the conditions imposed
by the Planning commission will be placed on the maps.
When there has been compliance with the conditions
noted on the parcel map or subdivision map, the owner of
the property may request a Certificate of Compliance be
issued and filed for record. To cover the cost of issuing
and recording the Certificate of Compliance, a fee of $20.00
shall be imposed.
Upon request of the owner of the property, a certifi-
cate of compliance may be issued and filed for record for
any real property for which an application for waiver of
the requirement of a parcel map has been approved under
this Section.
3. NOTICE OF DIVISION OF LAND IN VIOLATION. Notices of
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violation under Section 11538.2 of the Subdivision Map Act
shall be filed only by authorization of the Planning
Commission. Notice to the property owner shall specify
the reason for violation, and shall be deemed sufficiently
mailed if mailed to the property owner as shown on the last
equalized assessment roll.
4. DIVISION OF LAND, IN VIOLATION. No agency or department
of the City of San Bernardino shall issue any permit or gran
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
of the provisions of local ordinances enacted pursuant
thereto until the Planning Commission approves a lot split
application made pursuant to the provisions of this
ordinance. This prohibition shan apply to the owner of the
real property at the time of any violation and to the
current or any subsequent owner of the real property with,
or without, actual or constructive knowledge of the
violation at the time of the acquisition of his interest in
such real property.
G. APPEALS. Within 10 days after action by the Planning
Commission, the applicant may appeal to the Mayor and
Common Council any denial or condition imposed by the
Planning Commission. Such appeal shall be governed by the
procedures applicable to appeals from decisions involving
tentative or parcel maps. The Mayor and Common Council on
appeal shall have full authority to act on the application,
including all authority granted hereunder to the Planning
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Commission."
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I HEREBY CERTIFY that the ,foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
/J
Bernardino at a ~1A-( /~tf/~. meeting thereof, held
on the <pit? day of (ILU [,d .z..:L , 1973, by the fOllowing vote,
to wit:
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AYES:
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',D~..:L-'tY\'
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l"'LL;'Yl'Q---<"~"
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NAYS:
ABSENT:
.'si~'hin'L-/C~J
-""_'<", i~'~ ,/;:'~ ./: '
~ '-~~<~-""'1~h~; '.~)" ",'
./ City C er~,
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ordinance is hereby approved this
of
The foregoing
/'
(/U&~ru.~ .,
v
1973.
day
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.RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SAN BERNARDINO WAIVING THE REQUIREMENT OF A PARCEL MAP.
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS:
WHEREAS, an application has been filed for waiver
of the requirement of a parcel map for the division of real
property as described herein, and
WHEREAS, the Planning commission has determined, in
accordance with applicable provisions of the Subdivision
Map Act and local ordinances, that such application should
be granted,
NOW, THEREFORE, BE IT RESOLVED, by the Planning
Commission of the city of San Bernardino as follows:
SECTION 1. The requirement of a parcel map is waived
for the following described proposed division of land:
Applicant:
I N4Ille I
IAddltU4}
General Description of Entire property:
(ln4e4t Olt 4~~~~h genelt~t de4~p~lonl
Description of Proposed Division of Land:
(ln4e4t OIL ~U~~h leg~ de4~1tlpUonJ
SECTION 2. It is hereby found that the proposed
division of land described above complies with all require-
ment~ as to area, improvement and design, flood and water
drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of the
Subdivision Map Act and of local ordinances which are
applicable to the proposed division of land.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Planning Commission of the City of San
Bernardino at a meeting thereof, held
on the day of , 19 , by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
Secretary
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NOTICE OF DETERMINATION WAIVING
THE REQUIREMENT OF A PARCEL MAP
Upon application filed and in accordance with
applicable provisions of the Subdivision Map Act and local
ordinances permitting the waiver of the requirement of a
parcel map, the Planning Commission hereby determines and
certifies as follows:
Section 1. The re~~ir~~ent of a parcel map is
waived for the following d~scribed proposed division of
land:
Applicant:
(Namel
(AddJte.6~ I
General Description of Entire Property:
(.(.n..6 eJt.t OJr. a.t.tac.h g eneJI.al de.6 c.Jr..l.pUon)
Description of Proposed Division of Land:
(.(.n..6eJt.t 0Jr. a..t.ta.c.h lega.l de.6c.Jr..(.pUon)
,
Section 2. It is hereby found that the proposed
division of land described above complies with all require-
ments as to area, improvement and design, flood and water
drainage control, appropriate improved public roads, sanitary
disposal facilities, water supply availability, environmental
protection, and other requirements of the Subdivision Map
Act and of local ordinances which are applicable to the
proposed division of land.
Dated: This day of , 19____.
Director ot Planning Commission
AFTER RECORDING
Please return to:
CERTIFICATE OF COMPLIANCE - LAND DIVISION
(Section 11538.3, Business and Professions Code)
APPLICANT
(Name.l
(Add//.U.. l
REAL PROPERTY:
II Il.. eJ/..t OIL a.:t.tac.h le.g a..t. d e.o c.l/..lpUo III
The Planning Commission, acting pursuant to Section
11538.3 of the Subdivision Map Act and local ordinances
enacted pursuant thereto, hereby certifies:
(1) that the real property or the division
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thereof described herein complies with the applicable pro-
visions of the Subdivision Map Act and lopal ord:Lnances
enacted pursuant theret01 and
(2) that any conditions imposed in granting
this Certificate of Compliance have been fulfilled and
implemented by the Applioant or Applicant's grantee, and
that no conditions remain to be fulfilled and implemented 1
and
(3) that the issuance and recordation of this
Certificate of Compliance has been duly authorized and
approved by the Planning Commission of the City of San
Bernardino.
Date of Issuance:
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PLANNING COMMISSION OF THE CITY
OF SAN BERNARDINO
By
Director of Planning Commission
(Certificate of Notary)
,
AFTER RECORDING
Please return to:
CONDITIONAL CERTIFICATE OF COMPLIANCE - LAND DIVISION
(Section 11538.3, Business and Professions Code)
APPLICANT:
(Name)
(AddltUh )
REAL PROPERTY:
I InHIt.t olt a..t.tac.h leg a..t du c.lt.ip.t.i.o n I
The 'Planning Commission, acting pursuant to Section
11538.3 of the Subdivision Map Act and local ordinances
enacted pursuant thereto, hereby certifies:
(1) that upon the fulfillment and implementation
of the conditions set forth below, the real property des-
cribed herein or the division thereof will be in ~omp~iance
with the applicable provisions of the Subdivision Map Act
and local ordinances enacted pursuant thereto, and
(2) that the conditions imposed in granting
this Conditional Certificate of Compliance are as follows:
II nh elt.t COKclLt.l.onh I
(3) that such conditions may be fulfilled and
implemented by the Applicant or by a grantee of the Applicant.
If such conditions are not fulfilled or implemented by the
Applicant or the Applicant's grantee, this Conditional
Certificate of Compliance shall have no force or effect upon
any subsequent transfer of the property described herein and
any subsequent transferee or assignee shall make a new
application for a Certificate of Compliance pursuant to
applic;ilila laws. The Planning Commission may impose such
conditions as would have been applicable at the time such
assignee or transfer~ acquired the property. Upon the
fulfillment and implementation of the conditions set forth
herein as determined by the Planning Commission a final .
Certificate of Compliance shall be recorded.
(4) that the issuance and recordation of this
Conditional Certificate of Compliance has been duly
authorized and approved by the Planning Commission of the
Ci ty of San Bernardino.
Date of Issuance:
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PLANNING COMMISSION OF THE CITY
OF SAN BERNARDINO
By
Director of Planning Commission
(Certificate of Notary)