§ 18.06

A certificate of compliance shall be issued for existing parcels deemed to have been created legally, and for approved lot line adjustments, lot mergers, and minor land divisions.

A. Issuance of Certificate of Compliance.

1. Within fifteen (15) days after the filing of the application for a certificate of compliance, the director shall grant such application or issue a conditional certificate of compliance.

2. If, at any time during the processing of the application for a certificate of compliance, the director determines that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action may be taken on the application.

3. The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision. If the application for certificate of compliance is found to be inconsistent, a conditional certificate of compliance shall be issued in which further remedies for consistency shall be required to be addressed after recordation of the certificate of compliance through the development of the project.

B. Recordation of a Certificate of Compliance.

1. The director shall cause the certificate of compliance to be filed for record with the Butte County recorder. Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of these regulations and the Subdivision Map Act. When appropriate, such certificate shall contain a statement setting forth all on-site and off-site improvements which must be constructed prior to the issuance of a permit or other grant of approval for the development of such parcel.

2. A certificate of compliance granted with conditions shall be issued in accordance with SMA Section 66499.35. The conditions shall not be required until the appropriate building and entitlement applications have been approved for the property.

C. Special Conditions for Minor Land Divisions.

Every certificate of compliance for a minor land division which contains one or more underdeveloped lots or parcels shall contain the following notation regarding the street facility improvement fees assessed and levied pursuant to the provisions of Chapter 3.85 of this code:

IN ACCORDANCE WITH THE PROVISIONS OF THE CHICO MUNICIPAL CODE, A STREET FACILITY IMPROVEMENT FEE WILL BE ASSESSED AND LEVIED UPON THE OWNER OF ANY LOT OR PARCEL WITHIN THIS SUBDIVISION AT THE TIME A NEW BUILDING OR STRUCTURE IS CONSTRUCTED ON SUCH LOT OR PARCEL, AT THE TIME AN ALTERATION OR ADDITION IS MADE TO AN EXISTING BUILDING OR STRUCTURE ON SUCH LOT OR PARCEL WHICH RESULTS IN AN EXPANSION OF THE FLOOR AREA OF THE BUILDING OR STRUCTURE, OR AT THE TIME A CHANGE OR EXPANSION IS MADE IN THE USE OF SUCH LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON WHICH RESULTS IN AN INCREASE IN THE NUMBER OF MOTOR VEHICLE TRIPS GENERATED BY THE USE OF THE LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON.

BUILDING OR STRUCTURE ON SUCH LOT OR PARCEL WHICH RESULTS IN AN EXPANSION OF THE FLOOR AREA OF THE BUILDING OR STRUCTURE, OR AT THE TIME A CHANGE OR EXPANSION IS MADE IN THE USE OF SUCH LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON WHICH RESULTS IN AN INCREASE IN THE NUMBER OF MOTOR VEHICLE TRIPS GENERATED BY THE USE OF THE LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON.

The provisions of this section, however, shall be deemed to be directory only, and a failure of any certificate of compliance to contain a notation regarding the street facility improvement fees provided for by Chapter 3.85 of this code shall not be construed to preclude or prevent the assessment or levying of such fees in the manner set forth therein.

(Ord. 2591 (part))

Lot Merger is defined in Chapter 18.02.

• A. An application for lot merger may be approved after review by other affected departments/divisions.

B. Procedures Prior to Approval. Prior to approval, all encumbrances, including bonded indebtedness, shall be modified to apply uniformly to the entire modified parcel, rather than to the portions of the modified parcel corresponding to the separate lots prior to the merger.

• C. An application for lot merger shall be in the same form as an application for a certificate of compliance and shall include a preliminary title report and legal description of the property as a single merged parcel.

• D. All persons owning an interest in the real properties to be merged shall consent to the lot merger by executing an owner's certificate consenting to merger.

• E. Certificate of Compliance. A certificate of compliance shall be recorded in accordance with section

• 18.06.010(B) of this title.

• (Ord. 2591 (part))

Lot line adjustment is defined in Chapter 18.02.

• A. Lot Line Adjustment Procedures.

1. The application for a lot line adjustment shall be accompanied by a preliminary plat. The preliminary plat shall contain all of the information required under section 18.06.050(A) of this title.

2. Certificate of Compliance. A certificate of compliance shall be recorded in accordance with section

• 18.06.010(B) of this title.

• (Ord. 2591 (part))

A minor land division map is permitted, in lieu of a tentative map and parcel map, for all parcel maps where:

• A. The subdivision does not involve the conversion of a building to a condominium project;

• B. No modifications from the requirements of this title are requested to accommodate the design of the proposed subdivision;

C. The advisory agency finds that the proposed subdivision complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability; and environmental protection imposed by this title or other applicable provisions of this code.

• D. No dedication of public right of way is required.

• (Ord. 2591 (part))

A plat map is a diagram or drawing that displays the division and layout of individual parcels or lots.

• A. A proposed plat map shall contain the following information.

1. Existing lot lines;

2. Proposed lot lines;

3. Existing structures and their distance to any existing or proposed property line;

4. Existing and proposed off-street parking;

5. The approximate location and general description of any trees with notations as to their retention or

destruction;

6. The location of all railroad rights-of-way and grade crossings; approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property;

7. The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes, shown by dashed lines, within and adjacent to the subdivision (including proposed building setback lines, if known);

• B. The following information shall be provided with the proposed plat map:

1. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision;

2. A statement of proposed improvements, including utilities and landscaping;

3. An environmental assessment pursuant to Chapter 1.40 of this code for which the time for appeal has elapsed;

4. A preliminary title report; and

5. The plat map shall be clearly and legibly drawn by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the plat map shall not be less than one-inch equals one hundred feet (1" = 100'). C. Plat Map Process.

6. The director shall transmit copies of the plat map and such pertinent accompanying data as necessary to such other public or private agencies or departments as the Director determines may be affected by the proposed application. The transmittal shall include notification of the date on which the application shall be approved, together with a request for written reports and recommendations on the proposed application.

a) The director shall compile all reports and recommendations received concerning the proposed minor land division/plat map and shall cause a copy to be delivered to the applicant prior to the date action on such map is scheduled.

2. Monuments required. The requirements for monumentation of a plat map shall be the same as that for a parcel map as set forth in the Subdivision Map Act. The public works director may waive any or all requirements for the setting of monuments for a plat map when it is demonstrated that sufficient monuments exist or setting monuments will serve no practical purpose. A request for waiver shall be in writing setting forth the circumstances of the particular case and submitted at the time the plat map application is filed.

3. Certificates and documents. If a plat map is approved, or conditionally approved, the following certificates and documents shall be delivered to the director:

a) A guarantee of title or letter from a title company certifying that the signatures of all persons whose consent is necessary to pass clear title to the land being subdivided, and all acknowledgments thereto, appear and are correctly shown on the proper certificates consenting to the preparation of the map;

b) A dedication, or an irrevocable offer of dedication, of property for public uses and the nature of such dedication. The offer shall be on a form approved by the city attorney, for recordation in the office of the county recorder, and shall be in such terms as to be binding on the owner, the owner's heirs, assigns, or successors in interest and shall continue until the city accepts or rejects such offer;

c) The director shall transmit the instrument offering dedication and the accompanying title report to the city manager. In such cases, the map shall not be final unless and until the city manager notifies the director that the offer of dedication has been approved for recordation;

d) A certificate executed by an engineer or surveyor indicating that all required monuments have been set and conform with applicable standards related thereto;

• e) Such other certificates, affidavits or documents as are deemed necessary, including a certificate of

• compliance in accordance with Section 18.06.010(C) of this title;

• f) Presentation of certificates and documents. The subdivider shall cause all certificates to be executed and shall present same to the director.

4. Deadline to Complete Plat Map Process. Failure to complete a minor land division/plat map within thirty-six

(36) months of the date of approval or conditional approval of an application or within any extended period of time granted by the director as hereinafter provided shall terminate all proceedings. Before a minor land division may be filed thereafter, a new application shall be processed in accordance with this title.

5. Once a Plat Map is approved, a certificate of compliance shall be recorded with the office of the Butte County recorder.

• (Ord. 2591 (part))