§ 16.26

Th[is] chapter provides the process to request a certificate of compliance, which is a legal document that certifies that a parcel of land complies with this title and Subdivision Map Act at the time the parcel was established. If a certificate of compliance is approved, a legal document is certified that the city accepts the fact that a particular parcel of real property has been legally created.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Any person owning property or an authorized representative of such person who is under contract of sale may request a certificate of compliance, to determine whether such real property complies with the provisions of the Subdivision Map Act and this title.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Applications. The Community Development Director and City Engineer shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Engineering Division.

C.

Decision. The Community Development Director shall determine one of the following within thirty (30) days a certificate of compliance application is deemed complete:

1.

Denial. The property is found not to be in compliance with the provision of the Subdivision Map Act or this title.

2.

Conditional approval. The property is not found to be in compliance with the provisions of the Subdivision Map Act or this title. However, the Community Development Director may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which have been established at such time by the Subdivision Map Act or this title. Such conditions may include, but are not limited to, requiring approval of a tentative map prior to development of the property. Upon making such a determination and establishing such conditions, the Community Development Director shall cause a conditional certificate of compliance to be filed for record with the Los Angeles County Recorder.

a.

Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

b.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city.

c.

Compliance with the requirements of a certificate of compliance shall not constitute a determination of compliance with all applicable approved plans or zoning requirements.

3.

Approval. The property is found to be in compliance with the provision of the Subdivision Map Act and this title and a certificate of compliance may be issued.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Any parcel of land that was created prior to January 1, 1963 shall be conclusively presumed to have been lawfully created.

B.

Any parcel of land that was created from January 1, 1963 through March 4, 1972 shall be deemed to have been legally created if the parcel was created in compliance with the city's lot division process in effect at that time.

C.

Any parcel of land that was created after March 4, 1972 shall be deemed to have been legally created if the parcel was created in compliance with the Subdivision Map Act.

D.

Notwithstanding Subsections (A), (B) and (C) above, any parcel of land that existed at the time annexation to the city shall be deemed to have been legally created.

E.

Substandard parcels shall not be deemed legal parcels unless evidence can be provided to the city that they were created pursuant to subsections (A), (B), (C) and (D) above.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

The certificate of compliance shall be filed with the Los Angeles County Recorder pursuant to the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Chapter 16.27 - CONDOMINIUM CONVERSIONS