Article 7 — Certificates of Compliance

The purpose of this article is to describe the process by which certificates of compliance and conditional certificates of compliance are issued under the provisions of this chapter and Sections 66499.34 and 66499.35 of the Subdivision Map Act. Any owner of a lot, or any vendee of such owner pursuant to a contract of sale of the lot, may request a determination whether the real property complies with the provisions of the Subdivision Map Act and this chapter, and whether the County determines the lot is a “legal lot.”

(Ord. 1445, eff. August 14, 2014)

An application for a certificate of compliance shall be on a form that is satisfactory to the Director of Planning, Public Works and Environmental Services. The application shall be processed as described in Section 8-1.703 of this chapter. The application shall include all of the following information:

(a) A certified full chain of title for the property. The applicant shall include legible copies of all deeds affecting the property beginning with the deed that described the property prior to its current configuration, from that time to the present. The full chain of title must be certified as true, accurate, and complete by a title company or other authorized entity. A certified full chain of title is not required if the parcels were created through a filed final map, parcel map, or official map or unless waived by the Director of Planning, Public Works and Environmental Services. The applicant shall include copies of all filed maps where parcels were created using the maps; and

(b) A preliminary title report for the property which is dated within 60 days of the date of submittal; and

(c) Any maps or other supporting documents to support and clarify when and how the parcel was created.

(d) Legal descriptions of the parcel(s) for which the certificate of compliance is requested.

(Ord. 1445, eff. August 14, 2014)

(a) If the Director of Planning, Public Works and Environmental Services is able to determine from review of the submitted materials that the lot(s) is clearly in compliance with the provisions of this chapter and the Subdivision Map

Act, s/he shall issue a certificate of compliance for the lot(s) and deliver the certificate to the applicant for recordation with the County Recorder.

(b) If the Director of Planning, Public Works and Environmental Services is unable to determine from this review that the lot(s) is clearly in such compliance, s/he shall either deny the request pursuant to authority under the Subdivision Map Act, or issue a conditional certificate of compliance to the applicant.

(Ord. 1445, eff. August 14, 2014)

(a) A conditional certificate of compliance, certifying that a lot(s) is deemed to be in compliance with this chapter and the Subdivision Map Act, subject to satisfaction of certain conditions precedent to the issuance of a building permit or other grant of approval for development of the lot(s), may be obtained pursuant to those requirements set forth below in subsections (d) and (e) of this section.

(b) Any person may submit an application for a conditional certificate of compliance for any existing lot or group of contiguous lots which have been created, legally or illegally, by any conveyance or subdivision map. The application shall be subject to the same requirements in effect at the time the applicant acquired interest in the property. If the application pertains to two (2) or more contiguous lots that were created illegally and are all owned by the illegal subdivider, the application shall be submitted and processed in the same manner and subject to the same requirements as an application for a parcel map, except as otherwise provided in subsection (e). The approved conditional certificate of compliance shall be recorded in the same manner as other final maps and parcel maps, and once recorded shall have the same force and effect as a filed final map or parcel map.

(c) An application for a conditional certificate of compliance shall not be denied on account of the noncompliance of any lot(s) with applicable requirements respecting:

• (1) Lot size and configuration;

• (2) Buildable site;

• (3) Sewage disposal;

• (4) Water for domestic or firefighting purposes; or

• (5) Access.

(d) However, the application may be approved subject to the condition that the lots are brought into compliance with such requirements.

(e) Any conditions imposed with respect to a conditional certificate of compliance shall be limited to those which could have been imposed in connection with a lawful subdivision of the legal parcel on the date the present owner acquired interest in the lot(s).

(f) Where the present owner was the owner at the time the legal parcel was subdivided so as to create the lot(s), the conditions shall be limited to those which could be imposed in connection with a current lawful subdivision of such parcel.

(g) Compliance with such conditions by any lot(s) to which the certificate pertains shall be required prior to County issuance of a building permit or other grant of development approval for said lot(s). (Ord. 1445, eff. August 14, 2014)