Chapter 17.102 — CERTIFICATES OF COMPLIANCE

This Chapter provides procedures for the filing, processing, and approval of Certificates of Compliance and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the requirements of the Map Act.

A Certificate of Compliance is a document prepared by the City Engineer and recorded by the County Recorder, which acknowledges that the subject parcel, which was typically created prior to current subdivision map requirements, is considered by the City to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided in compliance with State subdivision laws and local ordinances regulating subdivisions that were in effect at the time the subdivision occurred. 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.

Documents required for a Certificate of Compliance include: the Planning Department application, the filing fee, a chain of title consisting of copies of all deeds beginning before the transfer to the present, unless the parcels were created through a subdivision map and any other information required by the Planning Department.

The processing, review, and approval of an application for a Certificate of Compliance shall occur as follows.

• A. Staff report. The Planning Department shall prepare a staff report that:

  1. Describes the history of the land division;

  2. Determines whether the property was legally divided, in compliance with subsection B of this Section;

  3. References the provisions of State/City/County law ordinances applicable to the subdivision at the time of division. Additionally, it will advise the parties of any Map Act and Development Code conditions for which a certificate is requested if they are parties to the original division; and

  4. Recommends appropriate conditions of approval if it is determined that the property was not legally divided, in compliance with Section 17.102.050(B) (Conditional Certificates of Compliance - Conditions of Approval).

• B. City Engineer action. The City Engineer shall review all available information and make a determination whether the real property was divided in compliance with the Map Act, the applicable provisions of the Development Code, and other applicable provisions of the Municipal Code.

  1. Upon making the determination that the parcel(s) comply with the applicable provisions of this Development Code and the Map Act, the City Engineer shall file a Certificate of Compliance with the County Recorder.

  2. In the event that the City Engineer determines that the real property does not comply with the provisions of this Development Code and/or the Map Act, the application shall instead be processed as set forth in the Subdivision Map Act.

• C. Form of certifcate. The Certificate of Compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this Development Code, and shall include all information required by Map Act Section 66499.35.

• D. Effective date of certifcate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder.

A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided in compliance with the State subdivision laws and local ordinances regulating subdivisions that were in effect at the time the subdivision occurred. If the current owners were responsible for the subdivision which created the illegal parcel, conditions of approval may be imposed, based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with Section 17.102.040 (Review and Approval), and this Section.

• A. Review by City Engineer. Upon making a determination that the real property does not comply with the applicable provisions of this Development Code or the Map Act, the City Engineer shall grant a Conditional Certificate of Compliance, imposing conditions in compliance with subsection B of this Section.

• B. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the City Engineer may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this Development Code, 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 was acquired by the current owners.

• C. Appeal. The conditions imposed by the City Engineer may be appealed to the City Council in compliance with Chapter 17.140 (Appeals).

• D. Completion of process. Following expiration of the 10 day appeal period after the determination and imposition of conditions by the City Engineer, the Planning Department 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.

• E. Effective date of certifcate. A Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.