§ 16.08

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. A certificate of compliance application shall include the form provided by the community development department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map.

(Ord. No. 698, § 4, 10-14-15)

A.

The community development director shall review all available information and make a determination within thirty days whether the real property was divided in accordance with this title, the zoning code, and other applicable provisions of the municipal code. Following the determination, the community development director shall transmit the available information to the city engineer who shall cause a certificate of compliance to be filed with the county recorder. In the event that the city engineer determines that the real property does not comply with the provisions of this title or the zoning code, the application shall instead be processed as a conditional certificate of compliance pursuant to section 16.08.030 (Conditional certificate of compliance).

B.

Form of Certificate. The certificate of compliance shall identify the real property, shall state that the subdivision complies with the provisions of the Subdivision Map Act, this title, and the zoning code, and shall include all information required by the city engineer including but not limited to:

1.

Name or names of owners of the parcel;

2.

Assessor parcel number or numbers for the parcel;

3.

The number of parcels for which the certificate of compliance is being issued;

4.

Legal description of the parcels for which the certificate of compliance is being issued;

5.

A notice stating that the certificate relates only to issues of compliance or noncompliance with this title and the zoning code, that the parcel may be sold, leased, or financed without further compliance with this title or the zoning code, and that development of the parcel may require issuance of a permit or other approvals.

6.

A listing of any conditions to be fulfilled and implemented prior to subsequent permit issuance.

C.

Effective Date of Certificate. A certificate of compliance shall not become final until the document has been recorded by the county recorder.

(Ord. No. 698, § 4, 10-14-15)

A conditional certificate of compliance is used to validate a parcel that was not legally subdivided. If a real property was not created in compliance with the provisions of the zoning code and this title, a conditional certificate of compliance may be issued to validate the real property when conditioned with the same conditions that would have been applied if the property had been legally created using the standards of this title, and such that the fulfillment and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the real property.

If the current owners are the original applicants, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur in compliance with this section.

A.

Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance pursuant to Section 16.08.010 (Application contents).

B.

Review and Approval. Within thirty days of receipt of an application for a conditional certificate of compliance, the community development director shall make a determination that the real property does not comply with the provisions of the zoning code or the Subdivision Map Act. Upon receipt of the determination, the city engineer shall grant a conditional certificate of compliance, imposing conditions as provided by subsection C (Conditions of approval) of this chapter.

C.

Conditions of Approval. If the owners of the property for which a certificate is requested are the original applicants, the city engineer may impose any conditions that would be applicable to a current subdivision regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the city engineer may only impose conditions that would have been applicable at the time the property acquired by the current owners.

D.

Appeal. A decision to issue a conditional certificate of compliance and/or the conditions imposed by the city engineer may be appealed to the commission in compliance with the zoning code.

E.

Completion of Process. Following expiration of the appeal period or following an appeal that has been denied, the city engineer shall file a conditional certificate of compliance with the county recorder. The certificate shall identify the property and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

F.

Effective Date of Certificate. A conditional certificate of compliance shall not become effective until it has been recorded by the county recorder.

(Ord. No. 698, § 4, 10-14-15)

Chapter 16.09 - REVERSION TO ACREAGE