Chapter 16.160
CERTIFICATE OF COMPLIANCE

Sections:

16.160.010    General.

16.160.020    Review by City Engineer.

16.160.030    Official maps constitute a certificate of compliance.

16.160.010 General.

Any person owning real property may request the City Engineer, in consultation with the Director of Planning, to determine whether the lot or parcel was lawfully created in compliance with the Subdivision Map Act or predecessor law and this title, as of the date the lot or parcel was created. A written application for a certificate of compliance shall be accompanied by the applicable fee and a preliminary title report not more than six months old that shows the legal owners of the property. (Ord. 1091 § 5, 1996)

16.160.020 Review by City Engineer.

(A) If the City Engineer determines that the real property complies with the provisions of the Subdivision Map Act and this title, the City Engineer shall file a certificate of compliance for record with the office of the County Registrar/Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.

(B) If the City Engineer determines that the lot or parcel does not comply with the provisions of the Subdivision Map Act or this title at the time the owner acquired his or her interest in the property, the City Engineer may, as a condition of granting the certificate of compliance, impose conditions to bring the lot or parcel into compliance with the City’s standards that were in effect at the time of the property owner’s acquisition of the property.

(C) If the City Engineer determines that the lot or parcel was created in violation of the Subdivision Map Act or this title, and the current owner was the owner at the time of the illegal subdivision, the City Engineer may, as a condition of granting a certificate of compliance, impose conditions that would be applicable to a current division of property.

(D) Prior to issuing a conditional certificate of compliance, the City Engineer shall comply with the requirements of the California Environmental Quality Act, to the extent required, if the conditions of the certificate are likely to have a potential impact on the environment, and shall comply with applicable notice and hearing requirements, if the decision may affect the interests of surrounding property owners.

(E) Upon the City Engineer’s making such a determination and establishing such conditions, the Engineer shall file a conditional certificate of compliance for record with the office of the County Registrar/Recorder. Such certificates shall serve as notice to the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of this property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City. (Ord. 1091 § 5, 1996)

16.160.030 Official maps constitute a certificate of compliance.

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

(B) Subject to the provisions of Government Code Section 66499.35(e), an official map prepared pursuant to Government Code Section 66499.52(b) shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. 1091 § 5, 1996)