§ 15.14

Any property owner or representative of a property owner may request a determination as to whether a parcel or lot complies with the provisions of this title and the Subdivision Map Act. A request for such determination shall be made in the form of an application for a certificate of compliance, which shall be filed with the department of community development. An application for a certificate of compliance shall be accompanied by the required application and recordation fees, and the following:

(a)

A cover letter requesting the issuance of a certificate of compliance including the name and address of current property owner(s) and owner's authorization.

(b)

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.

(c)

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

(d)

A written statement disclosing whether the subject parcel and any contiguous parcel or lot is undeveloped or developed. If the subject parcel or contiguous parcel(s) 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.

(e)

A topographic map of the subject parcel, including contiguous parcels when under the same ownership.

(f)

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

(Ord. 1787 § 1 (part), 2002).

Upon application filing, the department of community development shall review the application materials and forward these materials to the city engineer for review and comment. This review shall 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 criteria established in Section 15.14.030 of this chapter.

(Ord. 1787 § 1 (part), 2002).

The following criteria shall be implemented for the purpose of determining legal lots and parcels:

(a)

Any lot or parcel presented on a final map or a parcel map filed for record shall constitute a legal lot. This final map or parcel map shall serve as a certificate of compliance for the purposes of enforcing and implementing this chapter.

(b)

Any lot or parcel not created as a result of a final map or parcel map filed for record may be presumed to be lawfully created under certain conditions. This determination shall be based on compliance with the provisions of Section 66412.6 of the Subdivision Map Act, as amended from time to time. Property owners of such parcels or lots of land affected by the provisions of this subdivision shall be required to obtain a certificate of compliance or a conditional certificate of compliance, pursuant to the requirements of this title, prior to obtaining a permit or other grant of approval for development of the subject parcel or lot.

(Ord. 1787 § 1 (part), 2002).

(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 this certificate.

(b)

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

(1)

Only those improvements or conditions 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. 1787 § 1 (part), 2002).

If the city determines that a parcel or lot does not meet the provisions of this chapter and was created in violation of the provisions of this title, the city may issue and record the certificate of compliance, but shall have cause to proceed with the filing of a notice of intent to file a notice of violation, provided for in Chapter 15.16.05 of this title.

(Ord. 1787 § 1 (part), 2002).

15.14.060 - Preparing and recording certificates of compliance.

(a)

Upon the completion of review of the application and determination as to the status of the lot or parcel in question, the department of community development shall prepare the certificate of compliance consistent with the requirements set forth in Section 66499.35 of the Subdivision Map Act. The certificate shall identify the real property, shall state how the lot or parcel complies with the provisions of this title and the Subdivision Map Act, and shall include any conditions, if applicable. The certificate of compliance shall be presented to the city engineer for signature.

(b)

Upon signing the certificate of compliance, the city engineer shall have cause to file it with the Marin County recorder's office.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.15 - MERGER OF SUBSTANDARD LOTS