Chapter 16.22
CERTIFICATE OF COMPLIANCE

Sections:

16.22.010    Purpose.

16.22.020    Applicability.

16.22.030    Application materials.

16.22.040    Review and processing procedures.

16.22.050    Form of a certificate of compliance or conditional certificate of compliance.

16.22.060    Certificate of noncompliance.

16.22.070    Notice of certificate.

16.22.010 Purpose.

Certificates of compliance provide a means for determining and conferring legal status to parcels of land and shall be issued in accordance with Section 66499.35 of the Government Code and this chapter. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.22.020 Applicability.

This chapter applies to parcels of land for which there is no final map, parcel map, official map or approved certificate of exception which establishes legal status for the parcels. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.22.030 Application materials.

Application for a certificate of compliance shall be made to the community development department on forms provided by the community development department, accompanied by the required filing fee. An application for a certificate of compliance shall be accompanied by the following:

A.    One copy of grant deeds and/or other conveyance documents establishing the ownership of the parcel on the date of its creation;

B.    One copy of the grant deed(s) and/or other conveyance documents showing the current owner of the parcel;

C.    An identification of the assessor’s parcel number(s) for the parcel;

D.    A legal description of the parcels;

E.    Current preliminary title report(s) for affected parcels, not more than six months old, issued by a title company;

F.    One copy of a plat map(s), which depict the parcel or parcels involved in the request; and

G.    Processing fees. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.22.040 Review and processing procedures.

The community development director shall review the application and shall issue a certificate of compliance, a certificate of noncompliance or a conditional certificate of compliance. The determination shall be based on the following criteria:

A.    A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, which meets the following criteria:

1.    The parcels resulted from a division of land in which fewer than five parcels were created; and

2.    At the time of creation of parcels, there was no local ordinance regulating the division of land.

B.    A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 66499.34 of the Government Code.

C.    A conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provisions of state or local ordinances regulating the division of land, including the Coastal Act and the Marina Local Coastal Program as applicable. If the parcel subject to a conditional certificate of compliance is in the coastal zone, that parcel must also be subject of an application and approval of a coastal development permit to be recognized as a legal parcel pursuant to the California Coastal Act and the Marina Local Coastal Program. A conditional certificate of compliance may include conditions as follows:

1.    If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance shall impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property; and

2.    If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance shall impose conditions which would be applicable to a current division of land. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.22.050 Form of a certificate of compliance or conditional certificate of compliance.

The certificate of compliance or conditional certificate of compliance shall be filed with the Monterey County recorder’s office and include the following notices:

A.    “This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and legal ordinances enacted pursuant thereto. The parcel 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 a permit or permits, or other grant or grants of approval”;

B.    A listing of 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 conditional certificate of compliance; and

C.    If the parcel subject to a conditional certificate of compliance is in the coastal zone, that parcel must also be subject of an application and approval of a coastal development permit to be recognized as a legal parcel pursuant to the California Coastal Act and the Marina Local Coastal Program. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.22.060 Certificate of noncompliance.

If the community development director has knowledge that real property has been divided in violation of the provision of this chapter or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail with return receipt to the then current owner of record of the property. The notice shall describe the property in detail, name the owner(s), describe the violation, with explanation as to why the property is not lawful, and state that the owner will be given opportunity to present evidence to the contrary. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the community development director 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 manager 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 by certified mail with return receipt to the then current owner of record. If, however, after the owner has presented evidence, the city council determines that the property has in fact been illegally divided, the city clerk 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. 2007-08 § 4 (Exh. A (part)), 2007)

16.22.070 Notice of certificate.

For any certificates issued for parcels/property in the coastal zone, the community development director shall forward at the time of its issuance notice of said certificate and the evidence supporting its issuance to the California Coastal Commission. (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)