Fairfax Municipal Code Ch. 16.44 Certificates of Compliance

The purpose of this chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of this chapter.

(Prior Code, § 16.12.010) (Ord. 670, passed - -1998)

Requests for certificates of compliance may be made by any person owning real property subject to the provisions of this chapter or a vendee of the person pursuant to a contract of sale of the property. Requests for a certificate of compliance shall include a site plan, notarized deed and its title report, and any other maps or documents required by the Planning Director.

(Prior Code, § 16.12.020) (Ord. 670, passed - -1998)

The Planning Director has the authority to issue a certificate of compliance.

(Prior Code, § 16.12.030) (Ord. 670, passed - -1998)

The Planning Director shall review the application for a certificate of compliance and shall make one of the following determinations based on that review:

(A) Issuance. If the parcel is found to comply with all provisions of the Subdivision Map Act and the town regulations, a certificate of compliance shall be issued pursuant to the Cal. Gov’t Code § 66499.35(a); or

(B) Conditional issuance. If the parcel does not comply with the provisions of the Subdivision Map Act or town subdivision regulations in effect at the time of its creation or does not comply with current regulations, the parcel shall be found not to comply with state and town regulations and a conditional certificate of compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to the Cal. Gov’t Code § 66499.35(b). Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act (Act) or of local regulations enacted pursuant to the Act, conditions may be imposed applicable to a current division of property. Fulfillment of all conditions shall be required prior to subsequent issuance of any permit or grant of approval for development of the property.

(Prior Code, § 16.12.040) (Ord. 670, passed - -1998)

A recorded final map, parcel map, official map or an approved certificate of exception shall constitute a certificate of compliance declaring all parcels described therein to be in compliance with state and town regulations.

(Prior Code, § 16.12.050) (Ord. 670, passed - -1998)

A certificate of compliance shall be issued for any “real property which has been approved for development,” as defined in the Cal. Gov’t Code § 66499.34, upon request by the owner(s) of the real property or vendees of the owner(s) pursuant to a contract of sale of the property.

(Prior Code, § 16.12.060) (Ord. 670, passed - -1998)

The town has regulated all subdivisions since its incorporation on March 3, 1931. Prior to the incorporation of Fairfax, Marin County did not regulate the division of property into three or fewer lots. The above information is provided pursuant to the Cal. Gov’t Code § 66412.6.

(Prior Code, § 16.12.070) (Ord. 670, passed - -1998)