§ 17.16

The enforcement procedures and remedies set forth in this chapter are not intended to be exclusive but are in addition to any other prohibitions, penalties, remedies and other procedures provided for in this title, the Subdivision Map Act, or any other provision of law.

(Ord. No. 2469, § 4, 11-2-2010)

Whenever the city has knowledge that real property has been divided, potentially in violation of the provisions of this title or of the provisions of the Subdivision Map Act, the procedures and actions pertaining to owner notification, meetings, clearance letter, or recording of a notice of violation shall be followed in accordance with SMA Section 66499.36. Properties verified as being in violation qualify as an illegal parcel and shall be subject to the development limitations specified under Chapter 17.04.090.

(Ord. No. 2469, § 4, 11-2-2010)

A certificate of compliance certifying that a lot complies with the provisions of the Subdivision Map Act and this title may be obtained pursuant to SMA Chapter 66499.35 and the following procedures:

A.

Application. Any property owner or any vendee of such owner pursuant to a contract of sale of a parcel may submit an application for a certificate of compliance to the planning division in a form prescribed by the director and shall be accompanied by the following items:

Written statement explaining property history and justification for legal-parcel status.

2.

An eight and one-half-inch by eleven-inch map exhibit of the property drawn to scale that includes the following information: street address(s), assessor's parcel number, abutting streets, existing property lines and dimensions, lot area, existing easements, location of all structures and distances to existing property lines, off-street parking areas and driveways, title block, north arrow, and date.

3.

Written legal description of the subject parcel typed on standard eight-and-one-half-inch by eleven-inch paper and wet-signed and stamped by a licensed land surveyor, or civil engineer licensed prior to January 1, 1982.

4.

A preliminary title report prepared by a licensed title insurance company, current within forty-five days of the date of application.

5.

Copy of all deeds in the chain of title from the title insurance company not more than forty-five days old, listing grantor-grantee with recording date and document number in ascending chronological order from the date the parcel was created until the current vesting date.

6.

Other information and documentation as determined necessary by the director for a particular property.

7.

Application processing fee.

B.

Review. The development services director shall review the completed application based on the provided public records and applicable laws. If the director is able to determine from this review that the subject parcel(s) is in compliance with the provisions of this title and the Subdivision Map Act, the director shall issue a certificate of compliance and deliver the certificate to the county recorder for recordation. If the director is unable to determine from the public record that the lot is clearly in such compliance, he or she shall issue a conditional certificate of compliance. The conditional certificate of compliance shall be issued subject to satisfaction of certain conditions determined necessary by the director, which must be satisfied prior to the issuance of a building permit or other grant of approval for development of the lot, subject to the requirements of SMA Chapter 66499.35(b).

C.

Effect. Certificates of compliance shall serve only to officially determine whether the subject parcel(s) conforms to the requirements of the Subdivision Map Act and this title and do not grant any right to

develop the parcel.

(Ord. No. 2469, § 4, 11-2-2010)

The city may cause the merger of two or more contiguous parcels held by the same owner(s) if the conditions specified in SMA Section 66451.11 are found to be in evidence. The city shall utilize the procedures set forth, commencing with SMA Section 66451.12 and ending with Section 66451.19, in processing actions to merge such parcels. The city reserves the right, however, to make determinations of nonmerger as specified in SMA Section 66451.16.

(Ord. No. 2469, § 4, 11-2-2010)