Martinez Municipal Code Ch. 21.39 Certificate of Compliance

Determination of compliance: Any person owning real property within the City of Martinez or a vendee of such person pursuant to a contract of sale of such real property may request a determination as to whether such real property complies with the provisions of this Title and the Subdivision Map Act in the following manner:

A. Anyone wishing to receive such a determination shall submit such information as required by the Community Development Director along with such fees as are established by resolutions of the City Council to the Community Development Department.

B. The City Engineer shall review and make a determination as to whether such real property complies with the provisions of this Title and the Subdivision Map Act.

(Ord. 1248 C.S. § 1, 1997)

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Government Code section 66499.34.

(Ord. 1248 C.S. § 1, 1997)

Upon making such a determination, the City Engineer shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the County Recorder. The certificate of compliance or conditional certificate of compliance shall provide the information specified in Government Code section 66499.35(f).

(Ord. 1248 C.S. § 1, 1997)

If the City Engineer determines that such real property does not comply with the provisions of this code or the Subdivision Map Act, the City Engineer may, as a condition to granting a certificate of compliance, impose only those conditions that would have been applicable to the division of the property at the time the current owner of record acquired his interest in the property, and which had been established at such time by ordinance. The City Engineer may also impose such conditions as would be applicable to a current division of the property if it is determined that the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the City subdivision ordinance and created a parcel(s) in violation of the Map Act or this Title by a grant of real property. Upon making such a determination and establishing such conditions, the City Engineer shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner who has applied for a certificate pursuant to this Chapter, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

(Ord. 1248 C.S. § 1, 1997)

A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. 1248 C.S. § 1, 1997)

An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a 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.

(Ord. 1248 C.S. § 1, 1997)

Local agencies may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each such parcel.

(Ord. 1248 C.S. § 1, 1997)

A processing and appeal fee as established by City Council shall be charged to the applicant for processing and, if applicable, appealing the certificate of compliance.

(Ord. 1248 C.S. § 1, 1997)

A. The applicant for a certificate of compliance may appeal the determination made by the City Engineer to the City Council within ten (10) calendar days after the City Engineer delivers the City Engineer's proposed certificate to the applicant. The City Engineer shall not record the certificate during said ten (10) day period. If no written appeal, with appropriate fee, is received by the City Clerk within said appeal period, it shall be conclusively deemed that the applicant has waived his/her/its appeal rights and consents to the recordation of the proposed certificate. Immediately after the appeal period has passed without an appeal being timely filed, the City Engineer shall record the certificate.

B. Upon appeal, the City Council shall hear the matter de novo, and the City Council's decision shall be final.

(Ord. 1248 C.S. § 1, 1997)