§ 16.26

This chapter describes the procedures for processing certificates of compliance, consistent with the requirements of section 66499.35 of the Subdivision Map Act.

(Ord. No. 642, § 3, 5-23-2022)

A certificate of compliance is a document, recorded by the county recorder, that acknowledges that a parcel or lot of real property (hereinafter parcel) is considered by the city to be a legal parcel or lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance from the city.

(Ord. No. 642, § 3, 5-23-2022)

The community development director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The application shall include a chain of title, consisting of copies of deeds beginning before the division of the property and running through to the time of application for the certificate of compliance, unless the parcel(s) in question was created through a recorded subdivision map.

(Ord. No. 642, § 3, 5-23-2022)

The community development director, in consultation with the city engineer, shall review the request and make a determination on the application as follows:

A.

If the community development director determines that the parcel(s) was created in compliance with the Subdivision Map Act and this title as they read at the time of the creation of the parcel. The community development director shall cause a certificate of compliance to be filed for record with the county recorder.

B.

If the community development director determines that the parcel(s) was not created in compliance with the Subdivision Map Act and this title as they read at the time of the creation of the parcel, the, the community development director shall issue a conditional certificate of compliance. The city may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired their interest in the property and that had been established at that time by the Subdivision Map Act and this title. Upon determining conditions, the community development director shall cause a conditional certificate of compliance listing the imposed conditions to be filed for record with the county recorder. The conditional certificate of compliance shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee to assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.

(Ord. No. 642, § 3, 5-23-2022)

16.26.050 - Form of certificate.

The certificate of compliance shall identify the property, shall state that the division complies with the provisions of the Subdivision Map Act and this chapter, any conditions imposed, and all information required under Section 66499.35 of the Subdivision Map Act.

(Ord. No. 642, § 3, 5-23-2022)

A certificate of compliance or conditional certificate of compliance shall not be final until the document has been recorded by the county recorder.

(Ord. No. 642, § 3, 5-23-2022)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels described in the final or parcel map.

(Ord. No. 642, § 3, 5-23-2022)

Chapter 16.28 - DEDICATIONS

16.28.010 - Pedestrian walkways and bikeways.

The City may require pedestrian walkways or bikeways where needed for:

A.

Access to schools, playgrounds or parks, shopping centers, or other public areas.

B.

Traffic safety.

C.

Access through unusually long blocks.

D.

Access to public areas shown on the approved General Plan.

E.

When required by the Municipal Code.

(Ord. No. 642, § 3, 5-23-2022)

16.28.020 - Bridge crossings and major thoroughfares.

The city may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or constructing major thoroughfares subject to the following requirements:

A.

Fees may be required for facilities as provided by Section 66484 (a) of the Subdivision Map Act when they are identified by the circulation element, transportation or flood-control provisions of the General Plan.

B.

A public hearing shall be held, and notice shall be given as provided in Section 66484(b) of the Subdivision Map Act and Chapter 16.04 of this title.

C.

The boundaries of the area of benefit, the costs, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be determined at a public hearing as provided by Section 66484(c) of the Subdivision Map Act and Chapter 16.04 of this title.

D.

Fees shall not be required unless the requirements of Sections 66484(d) and (e) have been met.

E.

A protest may be filed, and proceedings shall be abandoned, as provided in Section 66484 (f) of the Subdivision Map Act.

F.

All procedures for imposing and handling fees shall be as provided by Section 66484 of the Subdivision Map Act.

(Ord. No. 642, § 3, 5-23-2022)