16.16.010 Certificates of compliance.
A. Purpose. Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request a certificate of compliance establishing whether the real property complies with the provisions of the subdivision regulations and the Subdivision Map Act. A recorded certificate of compliance establishes for the public record that the subject parcel is recognized as a separate legal parcel. If the parcel was created illegally and does not comply with city subdivision standards or with the Subdivision Map Act, the city may issue a conditional certificate of compliance (also see Chapter 16.24, Violations and Enforcement). In such cases, all conditions of the certificate of compliance imposed pursuant to subsection E of this section must be satisfied prior to the city’s issuance of any permit or other grant of approval for development of the affected property.
1. A certificate of compliance does not ensure that a parcel is developable. Nor does the issuance of a certificate automatically entitle the parcel owner to issuance of a building permit or other development permits and approvals without applications for and compliance with city requirements for those permits and approvals.
B. Application Requirements. Each separate parcel for which a certificate is requested shall require a separate application. The application form provided by the city shall be submitted with the required fee, a preliminary title report not more than six months old, a chain of title, and any maps or other supporting documents deemed necessary by the director or the city engineer to clarify when and how the parcel was created.
C. Time Limits for City Review. Within fifty days of acceptance of a complete application, the director shall determine whether a certificate of compliance or a conditional certificate of compliance should be recorded.
D. Certificate of Compliance.
1. If the director determines that the parcel complies with the provisions of the Subdivision Map Act and this title, the director shall file a certificate of compliance for record with the office of the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.
2. No Public Notice or Hearing. Public notice and public hearings are not required for certificates of compliance.
E. Conditional Certificate of Compliance.
1. If the director determines that the subject property does not comply with provisions of the municipal code or the Subdivision Map Act, the director may impose conditions currently applicable to subdivisions if the current owner was the owner at the time of the illegal subdivision. If the current owner is not the same as the owner of record at the time of the illegal subdivision, the director may impose conditions to bring the lot or parcel into compliance with the city’s standards that were in effect at the time of the current owner’s acquisition of the property.
a. Appeal. The conditions imposed by the director may be appealed to the planning commission within ten calendar days of the action taken.
2. Recordation and Compliance With Conditions. Upon payment by the applicant of the appropriate recording fee, and following the expiration of the ten-day appeal period or the city council’s action on appeal, the director shall cause a conditional certificate of compliance to be filed with the county recorder. The certificate shall identify the property and serve as public notice that fulfillment and implementation of the conditions shall be accomplished before any subsequent issuance of a permit or other approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development is issued. The property owner shall notify the director when all conditions have been met. If compliance with conditions is satisfactory, the director shall cause a certificate of compliance to be filed with the county recorder.
F. Effect of Parcel or Final Map. Recordation of a final parcel or final map shall constitute a certificate of compliance for all parcels described therein. (Ord. 1729 § 4 (Exh. A), 2023)