Pursuant to Government Code section 66499.34:
(a) No person shall be issued any permit or granted any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the SMA, this division, or any earlier ordinance the County adopted pursuant to the SMA applicable at the time the property division occurred, if the decision making body finds that development of the property is contrary to the public health or the public safety. The "decision making body" means the Director, or on appeal, the Planning Commission or the Board. This subsection shall apply whether the applicant: (1) was the owner of record at the time of the violation, (2) is the current owner of record or (3) is a vendee of the current owner of record pursuant to a contract of sale for the property, and without regard to whether any applicant had actual or constructive knowledge of the violation at the time the applicant acquired an interest in the property.
(b) Unless this code or other County ordinance provides an appeal procedure for a permit or approval referred to in subsection (a) above the applicant may appeal the denial or conditional approval as provided in this subsection. The applicant may appeal a Director's determination to the Planning Commission and may appeal the Planning Commission's determination to the Board. An appeal of the Director's determination to the Planning Commission and the Planning Commission to the Board shall be filed with the Director within 10 days of the determination appealed from. All appeal hearing shall be public hearings and the Director shall give public notice of the hearings that complies with the public notice requirements in Government Code section 66451.3. The hearings shall be heard at the next regularly scheduled meeting of the Planning Commission or the Board, respectively.
(c) In determining whether to issue a permit or grant approval or conditional approval to develop real property divided or resulting from a division in violation of the SMA this division or an earlier ordinance the County adopted pursuant to the SMA, the decision making body shall consider all the following:
(1) Whether the property complies with the applicable zoning regulations.
(2) Whether the serving sewer district has certified that it will provide public sewer for the property or the Director DEHQ has certified that it is feasible to install an onsite wastewater treatment system on each lot on which development is requested.
(3) Whether the serving water district has certified that it will provide potable public water for the property or the Director DEHQ has approved a potable well water supply for the property.
(4) Whether the property has legal access to a County maintained road.
(5) Whether the applicant would have been required to dedicate land for a public purpose or construct or install any improvements pursuant to the SMA or the County subdivision ordinance in effect at the time the applicant acquired the property.
(d) In determining what conditions to impose if it grants conditional approval, the decision making body shall consider the factors in subsection (c)(1)-(5). If the applicant was the owner of record at the time the initial violation of the SMA or a County ordinance enacted pursuant to the SMA occurred, the decision making body may impose any condition that would apply to a current division of the property. If, however, the County has previously issued a conditional certificate of compliance for the property, only those conditions in the certificate shall apply to the conditional approval.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6910 (N.S.), effective 2-15-85; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)