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Title 19 — Development Code›Chapter 19.80 — Noise Control›Article 7 — Subdivision Regulations

§ 19.168

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.168.010 - Purpose

This Chapter establishes requirements and procedures for issuance of Certificates of Compliance.

19.168.020 - Lawful Parcels Created before March 4, 1972

A.

For purposes of this Chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if, at the time of the creation of the parcel, the County did not have an ordinance in effect which regulated divisions of land creating fewer than five parcels.

B.

For the purposes of this Chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the County ordinance.

C.

Owners of parcels or units of land affected by the provisions of this Chapter shall be required to obtain a Certificate of Compliance or a conditional Certificate of Compliance pursuant to Sections 19.168.030 (Unconditional Certificate of Compliance) or 19.168.040 (Conditional Certificate of Compliance) of this Chapter prior to obtaining a permit or other grant of approval for development of the parcel or unit of land.

D.

A parcel shall not be deemed created on or before March 4, 1972, if it was:

1.

Solely the result of a right-of-way dividing parcels; or

2.

Shown solely on a record of survey, unless the subject parcel was shown on a record of survey map filed between January 1, 1937, and January 1, 1955, on the basis of a Tentative Map approved for a subdivision of five or more lots; or

3.

Shown solely on an unrecorded Subdivision Map or unrecorded Parcel Map; or

4.

For subdivisions creating five or more parcels, the subject parcel did not meet the minimum parcel size of the zoning applicable at the time the subject parcel was originally created; or

5.

The subject parcel was described as a "parcel" on one deed, but the owner is unable to document its conveyance by a separate deed on or before March 4, 1972; or

6.

The subject parcel was created under circumstances which demonstrate an intent to circumvent the Subdivision Map Act and other applicable regulations.

19.168.030 - Unconditional Certificate of Compliance

The subject parcel qualifies for an unconditional Certificate of Compliance if:

A.

The subject parcel was conveyed by a separate document on or before March 4, 1972. Written evidence in the form of a contract of sale, grant deed, or deed of trust which was recorded on or before March 4, 1972, or other documentation is required to support a bona fide conveyance of the subject parcel on or before March 4, 1972; and

B.

The subject parcel complied with the Subdivision Map Act at the time of its creation; and

C.

At the time of its creation, the subject parcel was in compliance with all local applicable ordinances including lot size; and

D.

The subject parcel has been "approved for development" in accordance with Section 66499.34 of the Subdivision Map Act by:

1.

The issuance of a permit or a grant of approval for development of the subject parcel; or

2.

Improvements that were completed prior to the time a permit or grant of approval for development was required by regulations in effect at the time of the improvement; or

3.

Improvements that were completed in reliance upon a permit or grant of approval for development.

19.168.040 - Conditional Certificate of Compliance

The subject parcel qualifies for a conditional Certificate of Compliance if:

A.

The applicant is the current owner of record and was the owner of record at the time of the initial creation of the subject parcel in violation of the Subdivision Map Act or other applicable regulations. In such cases a conditional Certificate of Compliance shall be issued, imposing such conditions as would have been applicable to a current division of the property.

B.

The applicant was not the owner of record at the time of the initial creation of the subject parcel in violation of the Subdivision Map Act or other applicable regulations. In such cases a conditional Certificate of Compliance shall be issued, imposing such conditions as would have been applicable to the division of the property at the time the applicant acquired his/her interest in the property.

19.168.050 - Application

Any owner of real property may file an application for a Certificate of Compliance. The application shall be made to the City Engineer and be accompanied by any required materials and the appropriate fee for each parcel requested to be certified. Each application for a Certificate of Compliance shall be accompanied by all the information required by the City Engineer.

19.168.060 - Requirements for Review

A.

Unconditional Certificate of Compliance:

1.

Review. The City Engineer shall, within 50 days of the acceptance of a complete application, materials and fee, review and make a final determination as to whether or not an unconditional Certificate of Compliance can be issued for the subject real property.

2.

Finding. The City Engineer, in consultation with the Community Development Director (Director), shall determine if the subject real property complies with the provisions of the Subdivision Map Act and this Chapter, and if the proposed development of the subject property will not be detrimental to the public health, safety and welfare.

3.

Recordation. If the above determination is so made, the City Engineer shall cause a Certificate of Compliance to be filed for record with the County Recorder.

B.

Conditional Certificate of Compliance:

1.

Review. The City Engineer shall, within 50 days of the acceptance of a complete application, materials and fee, review and make a final determination as to whether or not a conditional Certificate of Compliance can be issued for the subject real property.

2.

Finding. If the City Engineer, in consultation with the Director, finds that the subject real property was divided in violation of the Subdivision Map Act or the provisions of this Chapter, but that the proposed development may be approved as being not detrimental to the public health, safety and welfare, a Certificate of Compliance may be issued by the City Engineer contingent upon the completion of specific conditions.

3.

Conditions. Conditions as would have been applicable to the division of real property at the time that the current owner of record acquired the property may be imposed. Where the applicant was the owner of record at the time of the initial violation, who by a grant of the real property created a parcel or parcels in violation, and such person is the current owner of record of one or more of the parcels that were created as a result of the grant in violation, then conditions as applicable to the current division of land may be imposed:

a.

When conditions are imposed, they shall be filed for recordation with the County Recorder on a conditional Certificate of Compliance.

b.

The conditions shall be fulfilled and implemented by the owner who has applied for the Certificate of Compliance or any subsequent owner.

c.

Compliance with the conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the City, unless the property is subsequently included as a part of a legal subdivision of real property in accordance with the provisions of this Title.

d.

The owner shall notify the City Engineer when the conditions are completed. If compliance with the conditions is satisfactory, the City Engineer shall issue and record a final Certificate of Compliance.

C.

Certificate of Compliance and Waiver of Parcel Map. A Certificate of Compliance is required on all Parcel Maps for which the Final Map has been waived or for all land divisions for which the Parcel Map has been waived. Since there is no Final Map to record, a certificate is necessary to record a legal description of the property that has been divided.

Chapter 19.170 - Subdivision Enforcement

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▸ Contents — Twentynine Palms Zoning Code
Twentynine Palms Zoning Code
  1. ▸ Title 19 — Development Code
    Overview
    1. § 19.02
    2. § 19.020
    3. § 19.04
    4. § 19.06
    5. § 19.08
    6. § 19.10
    7. § 19.12
    8. § 19.14
    9. § 19.16
    10. § 19.18
    11. § 19.20
    12. § 19.22
    13. § 19.26
    14. § 19.28
    15. § 19.29
    16. § 19.30
    17. § 19.32
    18. § 19.34
    19. § 19.35
    20. § 19.36
    21. § 19.37
    22. § 19.38
    23. § 19.40
    24. § 19.41
    25. § 19.42
    26. § 19.43
    27. § 19.44
    28. § 19.46
    29. § 19.48
    30. § 19.50
    31. § 19.52
    32. § 19.54
    33. § 19.55
    34. § 19.56
    35. § 19.57
    36. § 19.58
    37. § 19.60
    38. § 19.62
    39. § 19.64
    40. § 19.66
    41. § 19.68
    42. § 19.69
    43. § 19.70
    44. § 19.72
    45. § 19.73
    46. § 19.74
    47. § 19.78
    48. ▸ Chapter 19.80 — Noise Control
      Overview
      1. § 19.82
      2. § 19.88
      3. 88.080 Freestanding Signs
      4. § 19.90
      5. § 19.92
      6. § 19.94
      7. § 19.96
      8. § 19.98
      9. § 19.100
      10. § 19.102
      11. § 19.104
      12. § 19.106
      13. § 19.108
      14. § 19.110
      15. § 19.112
      16. § 19.114
      17. § 19.116
      18. § 19.124
      19. § 19.128
      20. § 19.130
      21. § 19.132
      22. § 19.134
      23. § 19.136
      24. § 19.138
      25. § 19.140
      26. § 19.142
      27. § 19.144
      28. § 19.146
      29. § 19.147
      30. § 19.148
      31. ▸ Article 7 — Subdivision Regulations
        Overview
        1. § 19.150
        2. § 19.152
        3. § 19.154
        4. § 19.156
        5. § 19.158
        6. § 19.160
        7. § 19.162
        8. § 19.164
        9. § 19.166
        10. § 19.168
        11. § 19.170
        12. § 19.172
        13. § 19.174
        14. § 19.176

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