Chapter 21.44 — CERTIFICATES OF COMPLIANCE

A "certificate of compliance" is a document issued by the city engineer for recordation stating, with or without conditions, that a certain lot or lots described therein complies with the provisions of this title and the Subdivision Map Act and is a lawfully existing lot or lots. A certificate of compliance may be issued for the following purposes: (a) A certificate of compliance shall be issued in lieu of any preliminary parcel map, tentative map, parcel map or final map in the case of a lot line adjustment pursuant to Section 21.08.050.

(b) A certificate of compliance may be issued in lieu of a parcel map in the case of a written request of the subdivider pursuant to Section 21.08.060.

(c) A certificate of compliance shall be issued upon request of a property owner for property which has been divided in compliance with any existing provisions of law regulating such divisions or at a time when no such regulations were applicable, and which presently constitutes a lawfully existing lot or lots, for the purpose of establishing recorded evidence that the lot or lots are lawfully existing; except that no certificate of compliance shall be issued for any lots merged pursuant to Section 21.04.040.

(d) A certificate of compliance may be issued subject to the provisions set forth in this chapter for a lot not created in compliance with any existing provisions of law regulating such divisions, in order to establish such a lot as lawfully existing.

(Ord. 4661 § 8, 2000: (Ord. 4124 § 6, 1992: Ord. 3157 § 1 (part), 1979)

In the case of a minor subdivision for which the requirement of a parcel map has been waived, the property owner may apply for the issuance of a certificate of compliance. Such application shall be made within the time limits specified for the filing of the otherwise required final or parcel map. Prior to issuance of a certificate of compliance, the owner shall fulfill all conditions of tentative or preliminary parcel map approval as would be required in the approval of a final or parcel map. The issuance of such a certificate of compliance shall be made upon such terms and conditions as would be applicable were a final or parcel map to be filed.

Such terms and conditions shall be stated in the certificate of compliance.

(Ord. 4661 § 9, 2000: Ord. 3157 § 1 (part), 1979)

Any property owner may request in writing that the city engineer determine whether such property complies and was created in conformance with this title and the Subdivision Map Act, or was lawfully created prior to the applicability of such provisions. Upon making such a determination, the city engineer shall issue and cause a certificate of compliance to be recorded with the county recorder. No such certificate shall be issued for any lots merged pursuant to Section 21.04.040. Any property owner making application under this section shall have the obligation of furnishing to the city engineer such evidence and documents as may be required to enable the city engineer to make the determinations required under this chapter.

(Ord. 3157 § 1 (part), 1979)

The owner of a lot created in violation of this title, the Subdivision Map Act or any predecessor legislation governing the division of land other than the person who created such violation and any person who took title to the property with actual or constructive notice of such violation, may apply for a certificate of compliance in order to render that lot legal and in compliance with this title and the Subdivision Map Act. Such application may be processed only if the lot conforms with all present standards contained in this title and Title 18 with regard to lot size and design. No application under this section shall be processed unless the applicant submits to the city a declaration under penalty of perjury that the applicant has attempted and been unable to obtain the consent of the other owners of property constituting the remainder of the original parcel unlawfully divided, of which the applicant's property is a portion, for the filing of a subdivision application for the entire property. In no event shall such a certificate of compliance be issued if the applicant is the owner of the whole of said original parcel.

As a prerequisite to the filing of an application under this section, the applicant shall submit and apply for approval of a tentative parcel map as provided in this title, showing the lot for which a certificate of compliance is requested.

In approving such tentative parcel map or certificate of compliance, the director of planning and city engineer may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired said applicant's interest. Said conditions shall be reflected on the face of the certificate of compliance. (Ord. 3157 § 1 (part), 1979)

In addition to any other requirements contained in this chapter, any person applying for a certificate of compliance shall furnish to the city engineer property descriptions, satisfactory to the city engineer, and an area map, for any lots which are the subject of the application.

(Ord. 3157 § 1 (part), 1979)

The city engineer may impose upon the issuance of any certificate of compliance such conditions as are required to insure compliance with this title and the Subdivision Map Act.

(Ord. 3157 § 1 (part), 1979).

In every instance where an application for a certificate of compliance is filed, a fee shall be charged as set forth in the municipal fee schedule.

(Ord. 3157 § 1 (part), 1979)