Chapter 16.36 — CERTIFICATES OF COMPLIANCE

A. A recorded certificate of compliance may be requested by any person owning real property to have the planning director determine whether such property complies with the provisions of this Code.

• B. A certificate of compliance may be required by the planning department prior to recordation of a merger.

• C. A recorded certificate of compliance shall be required of all lot line adjustments pursuant to Section 16.24.030.

• D. When an agreement is reached and a deed is recorded regarding the ambiguities of the location of a lot line(s), a certificate of compliance shall be recorded.

• E. When determined by the City Engineer, certificates of compliance may be required for the remainder parcels on final/parcel maps.

The content and form of an application for a certificate of compliance shall be as required by City policy.

Upon making a determination that real property complies with this Title 16, the planning director shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state the division thereof complies with applicable provisions of this Title 16 and the Subdivision Map Act.

A. When granting a certificate of compliance for the purpose of determining whether real property is in compliance with this Code.

1. The requirements of a condition of the granting of a certificate of compliance shall be limited to dedications of flood control and road or street right-of-way easement for lots created before March 4, 1972.

2. When a certificate of compliance is requested for a parcel of land created prior to March 4, 1972, the following shall apply:

a. If the parcel is less than five (5) acres in size, access, improvement and map requirements consistent with land division requirements at the time the parcel was created shall be required.

b. If the parcel is five (5) acres or greater in size, no parcel or record of survey map shall be required, unless the planning director finds that, due to topographical, geologic or drainage concerns, delineation of such areas is necessary to assure adequate building sites. Access shall be provided pursuant to Subsection A.2. of this Section.

c. Access requirements across lands not in the ownership of the applicant may be deferred until development is requested on the property. A statement of disclosure relating to such lack of access shall be placed on the certificate of compliance advising of this requirement to future buyers of the parcel.

3. If the planning director determines that such real property does not comply with the provisions of this Title 16, the planning director shall impose all the access requirements of this Title 16 before issuing a certificate of compliance. The planning director may, as a condition to granting a certificate of compliance, impose those additional improvement requirements and tentative or parcel map requirements provided in this Title. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance pursuant to this

Section or by a grantee of such property owner. If such conditions are not fulfilled or implemented by the applicant, property owner or the grantee, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property; and any subsequent transferee or assignee shall make a new application for a certificate of compliance pursuant to this Chapter, and the planning director may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property.

B. All certificates of compliance shall be reviewed and approved by the City Engineer prior to recordation. A record of survey may be required by the City Engineer in order to facilitate the preparation of new legal descriptions or to ensure the elimination of any encroachment.

C. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 16.04.090.D.

D. A recorded final subdivision map, or parcel map, or recorded lot merger shall constitute a certificate of compliance with respect to the parcels of real property described therein.

E. An official map prepared pursuant to subdivision (b) of Government Code Section 66499.52 and Chapter 16.40 of this Code, shall constitute a certificate of compliance or a conditional 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.