Mountain House Municipal Code Ch. 25 Certificates of Compliance

The intent of this Chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of the Subdivision Map Act and this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

An Application for a Certificate of Compliance may be made by any person owning real property subject to the provisions of this Division or a vendee of such person pursuant to a contract of sale of such property. Applications for Certificates of Compliance shall include a site plan and any other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Certificate of Compliance shall be Staff Review as set forth in Chapter 3 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority 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 City, a Certificate of Compliance shall be issued pursuant to Section 66499.35(a) of the Government Code; or

(b) Conditional Issuance. If the parcel does not comply with 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 County regulations and a Conditional Certificate of Compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code. Only conditions that would have been applicable at the time the applicant acquired his or her interest in the property may be imposed. 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 or of local ordinances enacted pursuant to the Act, conditions may be imposed which are 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.

(Ord. 2024-18, § 1(Exh. A), 2024)

A recorded final map or parcel map shall constitute a Certificate of Compliance declaring all parcels described therein to be in compliance with state and County regulations.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Certificate of Compliance shall be issued for any "real property which has been approved for development," as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The granting of a Certificate of Compliance does not constitute a guarantee that the property may be built upon or developed.

(Ord. 2024-18, § 1(Exh. A), 2024)