Napa County Municipal Code Ch. 17.52 Certificates of Compliance and Conditional Certificates of Compliance

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Editor's note— Ord. No. 1401, § 7, adopted May 12, 2015, amended former Ch. 17.52, §§ 17.52.010—17.52.061, in its entirety to read as herein set out. Former Ch. 17.52 pertained to similar subject matter and derived from Ord. No. 1186, § 4, 2001; Ord. No. 1201, § 6, 2002; Ord. No. 1210, §§ 4—10, 2002; Ord. No. 1223, §§ 3—5, 2003; Ord. No. 1346, § 2, 9-14-2010; Ord. No. 1369, § 13, 3-13-2012; Ord. No. 1379, § 141, 1-29-2013.

Any person owning real property, or a vendee of that person pursuant to a contract of sale, may file an application for issuance of a certificate or a conditional certificate. The application shall be filed with the advisory agency and shall include all of the following:

A. A map which is legibly drawn in ink to an engineer's scale, with the scale shown on the map. The map shall show the property with dimensions, the gross and net area, and the location, width and names of all streets and roads adjacent to and providing access to the property. The map shall also show the location and use of all improvements and structures on the property, the distances from the structures to the parcel boundaries, the distances between structures, and all existing utilities and easements. An appropriate legend identifying all improvements and the current assessor's parcel number shall be included;

B. The name, address, telephone number and signature of the applicant, the current owner of the property if the owner is not the applicant, and the name, address and telephone number of the person preparing the map if different from the owner or applicant;

C. A legible copy of the current owner's deed and, if the applicant is a vendee, a copy of the contract of sale;

D. The date of creation of the parcel or contiguous parcels for which the certificate or conditional certificate is sought and the date the applicant obtained interest in the property containing such parcel or parcels;

E. A map and copies of the deeds of all other property owned by the applicant contiguous to the property for which the application has been filed;

F. Documentation of any recorded access to each parcel for which the certificate or conditional certificate is sought, either in the form of a final or parcel map, deed, or quiet title judgment unless each such parcel has unrestricted frontage on a public street or highway;

G. A legal description of each parcel for which the certificate or conditional certificate is sought, typed on plain white paper, eight and one-half by eleven inches in size, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate or conditional certificate;

H. A narrative explaining why each parcel sought to be recognized in the certificate or conditional certificate should be treated as a legal lot, including whether creation of the lot complied with or was in violation of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, and whether the applicant, or current owner if different, has owned the property since the date of creation of the lot. The narrative shall be accompanied by a chain of title from the creation of the parent parcel to the present, including legible copies of all deeds or other recorded legal documents in the chain of title with simple plats of description keyed to the chain of title;

I. The names and addresses of all owners of real property as shown on the latest equalized assessment roll within one thousand feet of the property for which the conditional certificate is sought. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector may be utilized to the extent such records contain more recent information;

J. The fee adopted by resolution of the board for processing a certificate or conditional certificate; and

K. One copy of a preliminary title report, not more than sixty days old, that describes the nature and ownership of all current fee title interests, liens, easements and other encumbrances of record affecting each of the parcels involved in the application.

(Ord. No. 1401, § 7, 5-12-2015)

A. Notwithstanding Section 17.52.010, any person owning real property currently recognized by the assessor as an assessor's parcel other than SFAP (separated for purposes of assessment), or a vendee of that person pursuant to a contract of sale, may file an application for and be issued an expedited certificate if the parcel meets the criteria for a legal parcel or lot under subsections (A)(7), (A)(8) or (A)(9) of Section 17.02.320 and the applicable fee for the processing and recordation of an expedited certificate, as approved by resolution of the board of supervisors, has been paid to the advisory agency.

B. An expedited certificate may also be applied for in conjunction with an application for a lot line adjustment under Chapter 17.46, if desired by the applicant for the lot line adjustment or determined necessary by the county surveyor during the processing of the lot line adjustment application.

C. Except as otherwise provided in this chapter and in Chapter 17.46, the processing and recordation of an expedited certificate shall proceed in the same manner as the processing and recordation of a certificate except that if the expedited certificate is processed and issued concurrently with the tentative approval of a lot line adjustment, the expedited certificate shall be filed with the advisory agency but not recorded and the application fee for the expedited certificate shall be reduced by the portion of the fee for an expedited certificate relating to the cost of recordation of an assessor's map amendment.

D. If, during the processing of an expedited certificate, the advisory agency determines that although the parcel has been separated from all contiguous property, the parcel does not otherwise meet the criteria for a legal lot as described in subsections (A)(7), (A)(8) or (A)(9) of Section 17.02.320, the advisory agency shall notify the applicant that the application for an expedited certificate is denied. Any fees not used by the advisory agency by the time of such denial will be refunded to the applicant unless the applicant applies for a certificate or conditional certificate within thirty-five days of notification of the denial, in which case the unused portion of the fees will be applied against the fee for processing the application for a certificate or conditional certificate.

E. Actions of the advisory agency under this section are ministerial in nature and shall not be performed in such a manner as to be construed to be discretionary actions.

(Ord. No. 1401, § 7, 5-12-2015; Ord. No. 1465, § 28, 12-15-2020)

A. Upon receipt of a completed application, the advisory agency shall first determine whether the parcels have been divided from all contiguous property and, if so, whether each such parcel was divided in violation of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect at the time of such division. Except as hereinafter provided, no notice of the filing of an application for a certificate or action taken relating thereto need be given to any person.

B. If the advisory agency determines that none of the property has been divided from all of the contiguous property or, although divided, has since been merged into such contiguous property, the advisory agency shall deny the application for issuance of a certificate or conditional certificate and shall notify the applicant in writing of that determination.

C. If the advisory agency determines that a parcel for which the certificate is sought was divided from all contiguous property in compliance with the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect and applicable at the time the involved parcel was so divided, the advisory agency shall issue a certificate containing the information set forth in subsections (A) and (B) of Section 17.52.047, shall cause the certificate to be filed for record with the recorder within fifteen working days of rendering such determination, and shall mail a copy of the certificate to the applicant along with a refund of that portion of the application fee for a conditional certificate in an amount established by resolution of the board.

D. If the advisory agency determines that all of the parcels for which certificates are sought were divided from the contiguous property but that some of the parcels were divided in violation of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect at the time of such division, a certificate shall be issued and recorded only for the parcel or parcels divided in compliance with such enactments. Processing of the application shall continue as an application for a conditional certificate for the remaining parcels, and no refund shall be made to the applicant under this subsection.

E. If the advisory agency determines that any parcel for which a certificate or conditional certificate is sought was divided from all contiguous property in violation of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect at the time of such division, the advisory agency shall deny the application for a certificate in relation to that parcel. The advisory agency shall notify the applicant in writing of the denial of issuance of a certificate, stating in the notice the nature and date of the violations upon which the determination is based. The advisory agency shall proceed to process the application as an application for a conditional certificate in the manner set forth in Section 17.52.030.

F. Actions of the advisory agency under this section are ministerial in nature and shall not be performed in such a manner as to be construed to be discretionary actions.

(Ord. No. 1401, § 7, 5-12-2015; Ord. No. 1465, § 29, 12-15-2020)

A. Upon determination by the advisory agency under subsection (E) of Section 17.52.020 that an application for a certificate shall be processed in whole or in part as an application for a conditional certificate, the advisory agency shall issue a conditional certificate after completion of the procedures set forth in this section.

B. The advisory agency shall circulate the application to and shall request written comments from all departments, agencies and persons entitled under the provisions of the Subdivision Map Act and this title to have notice of and to review and comment on tentative parcel maps. The request for comments shall indicate that the person, department or agency should identify in their comments only those conditions of approval that would have been applicable to a division of property on the date that interest in the property was acquired by the applicant, except that if the applicant was the owner of record at the time of the division of the property in violation of the Subdivision Map Act or county ordinances enacted pursuant thereto and the applicant is still the owner of record of one or more of the parcels resulting from such division, then the commenting person, department or agency should identify the conditions of approval that would be applicable to a current division of such property under the Subdivision Map Act and county ordinances enacted pursuant thereto. The notice shall further state that after identifying the applicable conditions of approval, the commenting person, department or agency should recommend to the advisory agency whether all or only a portion of such potentially applicable conditions should be imposed as conditions of development of the parcel or parcels for which the conditional certificate is sought and if imposition of less than all of the potentially applicable conditions are recommended, the reasons for such recommendation.

C. Upon receipt by the advisory agency of the comments requested under subsection (B), the advisory agency shall prepare a list of proposed conditions to be required by the conditional certificate, shall forward a copy of the proposed conditions and the application and comments to the planning department, and shall request that the planning department prepare a proposed environmental determination and circulate such environmental determination for public review in the manner required by the California Environmental Quality Act, the state CEQA guidelines, and local regulations enacted pursuant thereto.

D. Upon receipt of the proposed environmental determination and comments received by the planning department during the public review process, the advisory agency shall either adopt the required environmental determination or refer the matter back to the planning department for further environmental review. Following completion of all public review by the planning department and adoption of the environmental determination by the advisory agency, the advisory agency shall issue the conditional certificate containing the information specified in subsections (A) and (C) of Section 17.52.047 and give notice of approval of issuance of the conditional certificate in the manner set forth in Section 17.52.060.

(Ord. No. 1401, § 7, 5-12-2015)

A. The conditions of development set forth in a conditional certificate may be fulfilled and implemented by the applicant or by any subsequent owner of the involved parcel; provided, however, that compliance with the conditions shall not be required until such time as an application for a building permit or other grant of approval for the development of the property is approved by the county or any other jurisdiction authorized to grant such an approval. Notwithstanding the preceding sentence, compliance with the conditions shall not be required if an application is filed to divide the property or adjust the boundaries thereof with one or more adjacent parcels pursuant to the provisions of the Subdivision Map Act and county ordinances enacted regulating such division or adjustment and if equivalent conditions are imposed as conditions of approval of such subdivision or lot line adjustment.

B. Upon completion of the conditions of development of the conditional certificate, equivalent conditions of development required in connection with approval of a lot line adjustment, or recordation of a final map or parcel map containing equivalent conditions, the owner of the parcel shall notify the advisory agency. Upon receipt of such notification and the fee prescribed by resolution of the board, and upon verifying that the conditions have been completed or superseded by equivalent conditions, the advisory agency shall issue and record a notice with the recorder releasing the conditions of development set forth in the recorded conditional certificate and noting where the final map or parcel map is recorded if the equivalent conditions contained in such map have not yet been completed.

C. Actions of the advisory agency under this section are ministerial in nature and shall not be performed in such a manner as to be construed to be discretionary actions.

(Ord. No. 1401, § 7, 5-12-2015)

A. After a certificate, expedited certificate or conditional certificate has been recorded, the advisory agency may issue and record without notice or public hearing a corrected certificate, expedited certificate or conditional certificate for any of the following reasons, either on its own initiative or, after payment of the fee imposed by resolution of the board, upon application by the owner of the affected parcel or parcels in the form prescribed by the advisory agency:

1. To correct an error in the description of the parcel or parcels; or

2. To correct any other error or omission provided the correction will not impose any additional burden on or otherwise adversely affect or alter any right, title or other record interest of any other person that existed prior to recordation of the certificate, expedited certificate or conditional certificate. Such errors and omissions include, but are not limited to, lot numbers, acreage, street names or the manner in which adjacent parcels are identified.

B. Actions of the advisory agency under this section are ministerial in nature and shall not be performed in such a manner as to be construed to be discretionary actions.

(Ord. No. 1401, § 7, 5-12-2015)

A. After a conditional certificate has been recorded, the advisory agency may amend and record an amended conditional certificate either on its own initiative or, after payment of the fee imposed by resolution of the board, upon application by the owner of the parcel in the form prescribed by the advisory agency, if the advisory agency finds that either of the following exist:

1. Special circumstances applicable to the parcel exist, including size, shape, topography, location or surroundings, because of which strict imposition of the conditions of the conditional certificate would deprive such property of the privileges enjoyed by other property in the vicinity; or

2. A change or changes in circumstances make one or more of the conditions of the conditional certificate no longer appropriate or necessary and all of the following conditions are satisfied:

a. The amendment will not impose any additional burden on the present fee owner of the parcel;

b. The amendment does not alter any right, title or interest of any person in the parcel;

c. The amendment is based upon information that was not known or could not reasonably have been known when the advisory agency approved the conditional certificate; and

d. If the information had been known, the amendment would have been approved as part of the approval of the conditional certificate.

B. Notwithstanding (A), amendment of a conditional certificate shall be approved only after following the procedures set forth in Section 17.52.030, except that the advisory agency shall confine its review to the proposed amendment.

(Ord. No. 1401, § 7, 5-12-2015)

A. Each certificate, expedited certificate or conditional certificate shall state all of the following, clearly identifying and distinguishing between the information specific to each parcel:

1. The number of parcels for which the certificate or conditional certificate is issued;

2. The name or names of all owners of each parcel;

3. The assessor's parcel number or numbers assigned to the property contained in each parcel on the assessor's maps in effect immediately prior to issuance of the certificate or conditional certificate;

4. The legal description of each parcel;

5. A notice stating as follows: "This certificate (or conditional certificate) relates only to issues of compliance or noncompliance with the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto. The parcel or parcels described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act, any predecessor statutes, and any ordinance of the county enacted pursuant thereto. However, issuance and recordation of this certificate (or conditional certificate) is not a representation that the parcel or parcels may be developed under applicable laws and regulations of the county and development or use of the parcel or parcels may require issuance of a permit or permits or other grant or grants of approval."; and

6. The recording information for any notice of violation recorded under Section 17.56.020 which relates to the parcel or parcels recognized in the certificate or conditional certificate.

B. Each certificate shall contain the following additional statement: "Division of the property into the parcels identified in this certificate complied with the provisions of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect at the time of the division."

C. Each conditional certificate shall contain the following additional information:

1. A statement that the division of the property into the parcels identified in the conditional certificate did not comply with the provisions of the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, in effect at the time of the division; and

2. Any conditions required by the conditional certificate that must be fulfilled and implemented prior to subsequent issuance of any permit or permits or other grant or grants of approval for development of the parcel or parcels.

(Ord. No. 1401, § 7, 5-12-2015)

When applying for an expedited certificate under Section 17.52.011, the applicant shall provide the following documents to the advisory agency:

A. If the expedited certificate is sought to recognize a parcel as a legal lot as described in subsection (A)(7) of Section 17.02.320, the application shall include a copy of the permit to build the residence or other primary structure on the parcel; a certified copy of the deed by which the applicant acquired the parcel; a certified copy of that deed which last transferred ownership of the property prior to issuance of the building permit; the title company guarantee described in subsection (A)(9)(b) of Section 17.02.320; and the owner's affidavit described in subsection (A)(9)(c) of Section 17.02.320.

B. If the expedited certificate is sought to recognize a parcel as a legal lot as described in subsection (A)(8) of Section 17.02.320, the application shall include a certified copy of the Certificate of Legal Nonconformity issued under Chapter 18.132 recognizing the legal nonconforming status of a residence or other primary structure on the parcel; a certified copy of the deed by which the applicant acquired the parcel; a certified copy of that deed which last transferred ownership of the property prior to issuance of the Certificate of Legal Nonconformity; the title company guarantee described in subsection (A)(9)(b) of Section 17.02.320; and the owner's affidavit described in subsection (A)(9)(c) of Section 17.02.320.

C. If the expedited certificate is sought to recognize a parcel as a legal lot as described in subsection (A)(9) of Section 17.02.320, the application shall include a certified copy of the deed by which the applicant acquired the parcel; a certified copy of that deed claimed by the applicant to have first separated the parcel from all contiguous property; the title company guarantee described in subsection (A)(9)(b) of Section 17.02.320; and the owner's affidavit described in subsection (A)(9)(c) of Section 17.02.320.

D. A letter from the title company issuing the guarantee advising that it will, on request by the advisory agency, produce for review by the advisory agency copies of all of the documents used to make the factual determinations in the guarantee document.

(Ord. No. 1401, § 7, 5-12-2015)

A. Notice of approval of issuance of a conditional certificate or amended conditional certificate shall be given by:

1. Publishing a notice once in a newspaper of general circulation in the county within ten days following approval of issuance of the conditional certificate or amended conditional certificate; and

2. Mailing notice to the applicant, the owner (if different) of the affected property, and the owners of all property within one thousand feet of the affected property within ten days following approval of issuance of the conditional certificate or amended conditional certificate.

B. The notices required under (A) shall include a copy of the conditional certificate or amended conditional certificate and shall advise the public and the persons given mailed notice of their right to appeal pursuant to Chapter 2.88 of this code the decision of the advisory agency to issue the conditional certificate or amended conditional certificate.

C. When the period specified in Section 17.52.061 for filing a notice of appeal has expired without the filing of an appeal, or when a final decision upholding issuance of a conditional certificate or amended conditional certificate has been made on any appeal filed, the conditional certificate or amended conditional certificate shall be filed for record with the recorder.

(Ord. No. 1401, § 7, 5-12-2015)

A. Except as otherwise provided in this section, all appeals of discretionary decisions of the advisory agency under this chapter shall be made pursuant to Chapter 2.88 of this title.

B. The decision of the advisory agency to grant or deny a certificate, corrected certificate, expedited certificate, corrected expedited certificate, or corrected conditional certificate for any parcel shall be final and no person may appeal such decision of the advisory agency to the board.

C. No person other than the applicant, owner (if different), or any person who was required to be given mailed notice under this chapter may appeal to the board the decision of the advisory agency to issue a conditional certificate or amended conditional certificate unless prior to the date of decision of the advisory agency to issue the conditional certificate or amended conditional certificate such person filed a written comment with the advisory agency regarding the application, including any comment relating to the environmental determination filed with the planning department during the public review period.

(Ord. No. 1401, § 7, 5-12-2015; Ord. No. 1465, § 30, 12-15-2020)