§ 9-33

a.

Determination of Compliance. Any person owning real property within the City of Novato or a vendee of such person pursuant to a contract of sale of such real property may request a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act in the following manner:

1.

Anyone wishing to receive such a determination shall submit such information as required by the

community development director along with such fees as are established by resolution of the city council to the planning division of the community development department.

2.

The city engineer shall review and make a determination as to whether such real property complies with the provisions of this title and the Subdivision Map Act.

b.

Property Must Comply with Government Code Section 66499.34. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Government Code Section 66499.34.

c.

Filing of Certificate. Upon making such a determination, the city engineer shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the county recorder. The certificate of compliance or conditional certificate of compliance shall provide the information specified in Government Code Section 66499.35(f).

d.

Conditional Approval. If the city engineer determines that such real property does not comply with the provisions of this code or the Subdivision Map Act, the city engineer may, as a condition to granting a certificate of compliance, impose only those conditions that would have been applicable to the division of the property at the time the current owner of record acquired his/her/its interest in the property, and which had been established at such time by ordinance. The city engineer may also impose such conditions as would be applicable to a current division of the property if it is determined that the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the city subdivision ordinance and created a parcel(s) in violation of the Map Act or this title by a grant of real property. Upon making such a determination and establishing such conditions, the city engineer shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for a certificate pursuant to this chapter, 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. 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.

e.

Other Documents Which Constitute Certificates of Compliance. A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

f.

Official Map Pursuant to Government Code Section 66499.52(b). An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the city engineer, within contiguous sections of land.

g.

Certifying Multiple Parcels. The city engineer may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each such parcel.

h.

Fee. A processing and appeal fee as established by city council shall be charged to the applicant for processing and, if applicable, appealing the certificate of compliance.

i.

Appeal of Compliance Determination.

1.

The applicant for a certificate of compliance may appeal the determination made by the city engineer to the city council within ten calendar days after the city engineer delivers the city engineers proposed certificate to the applicant. The city engineer shall not record the certificate during said ten day period. If no written appeal, with appropriate fee, is received by the city clerk within said appeal period, it shall be conclusively deemed that the applicant has waived his/her/its appeal rights and consents to the recordation of the proposed certificate. Immediately after the appeal period has passed without an appeal being timely filed, the city engineer shall record the certificate.

2.

Upon appeal, the city council shall hear the matter de novo, and the city council's decision shall be final.

(Ord. No. 749, § 7.33.006; Ord. No. 967, § 18; Ord. No. 1059, § 20; Ord. No. 1128, § 32; Ord. No. 1379, § 2)

a.

Two or more contiguous parcels or units of land held by the same owner shall be merged when all of the following conditions exist, unless deemed unmerged by a certificate of compliance as provided in subsection 9-33.006.

1.

At least one of the affected parcels is not developed with a structure, other than an accessory structure as defined in subsection 19-14.006a, for which a building permit was issued by the city or county, or which was built prior to the time such permits were required.

2.

With respect to any affected parcel, one or more of the following conditions exists:

(a)

Comprises less than 5,000 square feet in area at the time of the determination of merger.

(b)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(c)

Does not meet current standards for sewage disposal and domestic water supply, as contained in sections 5-37 and 5-55, respectively, of Chapter V, Development Standards.

(d)

Does not meet slope stability and safety standards as contained in section 5-23 of Chapter V, Development Standards, and Chapter VI of the Novato Municipal Code.

(e)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability as contained in Chapter V, Development Standards.

(f)

Its development would create health or safety hazards.

(g)

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

3.

For purpose of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this chapter.

4.

Subsection 2. shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

b.

Notification of Intention of Determine Status. Prior to recording a notice of merger, the community development director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified herein and advising the owner of the opportunity to request a hearing within 30 days on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Marin on the date that notice is mailed to the property owner.

c.

Request for Hearing. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the department of community development a request for a hearing on determination of status.

d.

Procedure for Hearing. Upon receiving a request for a hearing on determination of status, the community development director shall fix a time, date, and place for a hearing to be conducted by the planning commission and shall so notify the property owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency and the property owner.

e.

Procedure for Determination at the Hearing. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection 9-33.008a.

At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

f.

Determination When No Hearing is Requested. If, within the 30 day period specified in subsection 9- 33.008c, the owner does not file a request for a hearing, the community development director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not be merged. A determination of merger shall be recorded no later than 90 days following the mailing of notice required by subsection 9-33.008b.

g.

Notice of Intention for non-Merger. If, in accordance with subsections 9-33.008e, or 9-33.008f, the planning commission or community development director determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, recorded pursuant to subsection 9-33.008b, and shall mail a clearance letter to the then current owner of record.

h.

Appeals. Appeals of determinations of the planning commission's or community development director's shall conform to section 9-3.010.

(Ord. No. 877, § 1; Ord. No. 938, §§ 15, 17; Ord. No. 989, § 1; Ord. No. 1059, § 21; Ord. No. 1128, §§ 33— 35; Ord. No. 1379, § 2)

9-33.010 Merger Without Reversion to Acreage. Upon application by the record owners of property, and approval by the community development director, contiguous parcels under common ownership may be merged without reverting to acreage if no dedications or offers of dedication are to be vacated or abandoned and none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later. A final or parcel map shall be recorded evidencing the merger.

(Ord. No. 1059, § 22; Ord. No. 1379, § 2)

9-33.012 Unmerged Parcels. Any parcel which has merged under the provision of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:

a.

The parcel meets each of the following criteria:

1.

Contains at least 5,000 square feet in area;

2.

Was created in compliance with applicable laws and ordinances in effect at the time of its creation;

3.

Meets current standards for sewage disposal and domestic water supply;

4.

Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

5.

Its unmerger and development would create no health or safety hazards;

6.

The unmerged parcel would be consistent with the General Plan of any applicable specific plan, other than minimum lot size or density standards.

b.

And, with respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4), or (5) of the Subdivision Map Act exist.

(Ord. No. 1128, § 36; Ord. No. 1379, § 2)

9-34 - Reserved.

9-35 - Vesting Tentative Maps.

9-35.002 Citation. This section shall be cited and known as the Vesting Tentative Map Ordinance.

(Ord. No. 1105, § 1)