§ 22.96

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

(Ord. No. 3577, 2012)

A Certificate of Compliance is a document 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 County 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.

Section 66499.35 of the Map Act requires the approval of these certificates. 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 or Conditional Certificate of Compliance. Contiguous parcels that have been granted Certificates of Compliance or Conditional Certificates of Compliance may still be subject to merger (see Chapter 22.92 (Merger of Parcels)).

(Ord. No. 3577, 2012)

22.96.030 - Application Filing and Processing.

A.

Application information. A Certificate of Compliance or Conditional Certificate of Compliance application shall include the form provided by the Agency, 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.

B.

Processing. Certificate of Compliance and Conditional Certificate of Compliance applications shall be submitted to the Agency and shall be processed in compliance with the procedures for ministerial planning permits specified by Chapter 22.40 (Application Filing and Processing, Fees). No environmental review (Section 22.40.060 (Environmental Review)) shall be required, in compliance with Section 15268.a of the CEQA Guidelines.

(Ord. No. 3577, 2012)

The processing, review and approval of the application shall occur as follows:

A.

Decision. The Agency shall prepare a written analysis that will serve as the basis for action by the Review Authority. A single Certificate of Compliance determination shall be issued for each unit of real property determined to be a single legal lot of record. The analysis will:

1.

Describe the history of the land division;

2.

Determine whether the property was legally created by the division of real property;

3.

Reference provisions of State law and County (or earlier County) ordinances applicable to the subdivision at the time the division in question occurred; and

4.

Identify conditions of approval where appropriate.

B.

Action by Review Authority. The Review Authority shall review all available information and make a determination whether the real property was divided in compliance with the Map Act, this Development Code, and other applicable provisions of the County Code.

1.

Upon making the determination that the real property was divided in compliance with the Map Act, this Development Code or applicable previous Ordinances enacted pursuant to the Map Act, and other applicable provisions of the County Code, and was not subsequently merged with contiguous parcels, then the Review Authority shall issue a Certificate of Compliance Determination and cause a Certificate of Compliance to be filed with the County Recorder.

2.

Parcels created by antiquated subdivisions may not be determined to be legal lots of record. Further, a parcel may not be determined to be a legal lot of record if it was merged with a contiguous unit of real property and remained merged pursuant to Map Act Section 66451.301.

3.

Upon making a determination that the real property does not comply with the provisions of this Development Code or the Map Act, the Review Authority shall grant a Conditional Certificate of Compliance, imposing conditions as provided by Subsection C below (Conditions of Approval).

C.

Conditions of approval. If the owners of the property for which a Conditional Certificate of Compliance is being issued are the original subdividers, the Review Authority 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 Review Authority may only impose conditions that would have been applicable at the time the property was acquired by the current owners.

D.

Appeal. The conditions imposed by the Review Authority may be appealed in compliance with Chapter 22.114 (Appeals).

E.

Completion of process. The Agency shall file either a Certificate of Compliance or 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 either the division complies with the provisions of the Map Act and this Development Code or 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 or Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

Chapter 22.98 - DEDICATIONS, RESERVATIONS, EASEMENTS