Salinas Municipal Code § 31-1301 Certificates of compliance

This section establishes provisions by which a property owner may request a determination as to whether a parcel or lot complies with the provisions of this chapter and the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any person owning real property may request the city planner to determine whether a parcel or lot complies with the provisions of this chapter and the Subdivision Map Act. Such a request shall consist of a letter addressed to the city planner that includes the names of all current owners of record, assessor parcel number, assessor's parcel map with boundaries highlighted of any parcel in question, and any evidence supporting the legality of the parcel at the time of the parcel's creation. The request shall also include:

(a) A copy of the most current title report and a chain of title prepared by a bonafide title company, and any other supportive, historic data, which may be beneficial in determining the status and origin of the subject lot or parcel.

(b) A copy of the instrument used to create the parcel or lot, showing the date.

(c) A written statement disclosing whether the subject parcel and any contiguous parcel or lot is undeveloped or developed. If the parcel or any contiguous parcel is undeveloped, the written statement shall disclose if the subject parcel and any contiguous parcel were under common ownership at any time since March 4, 1972.

(d) A list of any building permits or other city approvals granted to the property and the dates these permits and approvals were issued.

(e) All required fees and deposits.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

After a complete application is filed, the city planner shall review the application materials and determine if the lot or parcel for which a certificate of compliance is being requested was legally created for land development purposes. This determination shall be based on the following criteria:

(a) A recorded final map or parcel map constitutes a certificate of compliance with respect to the parcels of real property described therein.

(b) Any lot or parcel not created as a result of a recorded final map or parcel map may be presumed to be lawfully created based on compliance with the provisions of Section 66412.6 of the Subdivision Map Act. Owners of these parcels shall obtain a certificate of compliance or conditional certificate of compliance before obtaining any permit or other approval for development of the parcel.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) If the city determines that a parcel or lot was legally created, a certificate of compliance may be issued but no conditions can be applied to the issuance of the certificate.

(b) If the city determines that a parcel or lot was not legally created for development purposes, a conditional certificate of compliance can be granted with conditions requiring improvements, subject to the following:

(1) Only those improvements or conditions may be applied that would have been applicable to the division of the property at the time the current property owner of record acquired interest in the property, and which had been established at such time by the Subdivision Map Act or a city ordinance. The city may also impose those improvements or 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 creation of the subject parcel or lot.

(2) Any improvement required as a condition of the certificate must be constructed or installed at the time a permit or other grant of approval for development of the parcel or lot is issued by the city. The property owner shall not be required to construct or install such improvements at the time of certificate recordation.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the city planner determines that a parcel or lot was created in violation of this chapter or the Subdivision Map Act, the city planner may issue and record a certificate or conditional certificate of compliance, but has cause to proceed with the filing of a notice of intent to file a notice of violation, pursuant to Section 31-1302.2, notice of violation.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

After making a determination of the legal status of the parcel, the city planner shall file the certificate of compliance or conditional certificate of compliance with the county recorder's office consistent with the requirements of Section 66499.35 of the Subdivision Map Act. A certificate of compliance does not entitle the owner of said parcel(s) to a building permit or other grant of development approval absent compliance with other requirements for such building permit or development approval, or any applicable conditions imposed.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

It shall be unlawful for any person to divide any parcel of land or lot without first complying with this chapter and the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or any assignee, heir, or devisee.

(b) This section does not bar any legal, equitable, or summary remedy to which the city or other public agency, or any person, firm, or corporation may otherwise be entitled, and the city or other public agency, or any person, firm, or corporation may file a suit in the superior court of the county to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this chapter or the Subdivision Map Act.

(c) The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the city planner or city engineer has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the then current owner of record. The notice shall describe the property in detail, name the owner, describe the violation and explain why the parcel is not lawful under Section 66412.6(a) or (b), and state that the owner will be given an opportunity to present evidence. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the city planner why a notice of violation should not be recorded.

The meeting shall take place no sooner than thirty days and no later than sixty days from date of mailing. If, within fifteen days of receipt of the notice, the owner of the real property fails to inform the city of his or her objection to recording the notice of violation, the city planner shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the city planner determines that the property has in fact been illegally divided, the city planner shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The city attorney shall be authorized to enforce the provisions of this chapter and all related agreements, covenants, improvement agreements, conditions, and other requirements placed on project approvals, by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under the municipal code and/or any other action authorized by law or by any covenant or agreement executed pursuant to this chapter.

(b) Failure of any official or agency to comply with the requirements of this chapter shall not excuse any applicant or owner from compliance with the requirements of this chapter.

(c) No map, approval or other entitlement shall be approved until all applicable requirements of this chapter and the Subdivision Map Act have been satisfied.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Except as otherwise provided, any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing or maintaining the violation of any of the provisions of this chapter shall be guilty of a misdemeanor or an infraction, as charged. Alternatively, at the discretion of the city attorney, any such violations may be prosecuted administratively pursuant to the city's Administrative Remedies Ordinance. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation of this chapter is committed or permitted. The remedies provided herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity including administrative remedies available under the zoning code. Any violation of this chapter, agreement, or entitlement granted in accordance with this chapter, may also be redressed in accordance with Section 1.8.1, civil action enforcement and Section 1.8.2, liability for costs of this Code pursuant to Section 66499.31 of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)