Woodside Municipal Code § 152.020 Certificate of compliance

Pursuant to the authority granted the Town in Government Code § 66499.35, the Planning Director may issue a certificate of compliance or conditional certificate of compliance determining if a lot was legally established following the statues in place at the time of the lot's creation.

(A) Certificate of compliance. Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request, and the Town shall determine, whether the real property complies with the applicable provisions for the division of land at the time the lot was established. If the Town determines that the real property complies, the Town shall cause a certificate of compliance to be filed for recordation with the recorder of the County of San Mateo. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with applicable provisions for the division of land at the time the lot was established.

(B) Conditional certificate of compliance. If the Town determines that the real property does not comply with applicable provisions for the division of land at the time the lot was established, it shall issue a conditional certificate of compliance.

(1) Issuance to owner who did not create the lot. If the applicant for the certificate of compliance did not own the lot at the time of its creation, the Town may impose any conditions that would have been applicable to the division of the property at the time the owner(s) acquired interest therein.

(2) Issuance to owner who created the lot. If the applicant for the certificate of compliance is the owner who created the lot, the Town may impose any conditions that would be applicable to a current division of the property.

(C) Upon making its determination and establishing the conditions, the Town shall cause a conditional certificate of compliance to be filed for recordation with the County of San Mateo Recorder. The certificate shall serve as notice to the owner or vendee who has applied for the certificate pursuant to this section, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with these conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the Town.

(D) The Town shall require payment of a fee, as established in the Town's Schedule of Fees and charges adopted by Resolution of the Town Council, to cover the cost of issuing a recording a certificate of completion or conditional certificate of completion.

(E) A certificate of compliance may be issued for any real property that has been approved for development pursuant to Government Code § 66499.34.

(F) A recorded final map or other official map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(G) An official map prepared pursuant to Government Code § 66499.52(b) shall constitute a certificate of compliance with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section of land or, with the approval of the Town Engineer, within contiguous sections of land.

(H) (1)

Each certificate of compliance or conditional certificate of compliance shall include information the Town deems necessary, including, but not limited to, all of the following:

(a) Name or names of owners of the parcel(s).

(b) Assessor parcel number(s) of the parcel(s).

(c) The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded.

(d) Legal description and plat map of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded.

(e) Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property, as specified in the conditions shown in the conditional certificate of compliance.

(f) A notice stating as follows: This Certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel(s) described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of other permits, and/or approvals.

(2) The Town may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this chapter and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each parcel and shall be recorded on each parcel with the County of San Mateo recorder.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)