Certificate of Compliance Rejected
This is in the California Bay Area,
I have a client who owns (as the legal description reads) Lots 36 & 37 of the Grey Tract… There is only one APN Number. There is a house on each old Lot, not a single house crossing the Lot Line. There is no record of a Lot Merger. The map was recorded in 1906. Each Lot on the block is 50′ wide. The city requires that in order for a submittal, the improvements, hardscape, house etc. are to be located and tied to the Boundary to show setbacks. I solved the block turned in the submittal package and waited over 6 months for the City Determination. When i solved the block, i had to prorate making each Lot 49.96′ wide and not 50′ as created. The site plan, plat and legal that i prepared for the certificate of compliance are stamped preliminary as they are only in review.
The City denied the Certificate because they found a court case that was tied to the property in which a previous owner passed away in 1986 and the estate was dived up. The property in question was awarded to a single person. The city stated that because a “Judge determined that Lots 36 & 37 were a Property that was transferred to the heirs. The judgement means that Lots 36 & 37 were conveyed together as one legal parcel and not viewed as separate and legal”.
I couldn’t find anywhere in the judgement that the Judge stated this is a single Lot.The City now states that the Lots are not 50′ wide (per my preliminary survey) and they will not allow a lot split by Subdivision because it does not meet the Zoning Requirement of 50′ wide per the City Ordinance. They state that a subdivision would need to meet the Cities Zoning and Subdivision Ordinance as well as the subdivision Map Act.
I believe the City is incorrect and started to state my case, but you cant argue with a planner. what is the best avenue for recourse?
Any help would be appreciated.
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