Chapter 17.12
ADMINISTRATION AND ENFORCEMENT

Sections:

17.12.010    Certificate of compliance—Defined—Issued when.

17.12.020    Certificate of compliance—Confirming lawful status of property.

17.12.030    Certificate of compliance—To render conformance.

17.12.040    Certificate of compliance—Property description.

17.12.050    Certificate of compliance—Issuance conditions.

17.12.060    Certificate of compliance—Fee.

17.12.070    Application forms and fees generally.

17.12.080    Noncompliance—Permit issuance prohibited.

17.12.090    Planning Commission—Advisory agency authority.

17.12.100    Violations—Notice requirements.

17.12.010 Certificate of compliance—Defined—Issued when.

A certificate of compliance is a document issued by the City Engineer for recordation stating, with or without conditions, that a certain lot or lots described therein complies with the provisions of this title and the Subdivision Map Act and is a lawfully existing lot or lots. A certificate of compliance may be issued for the following purposes:

A. A certificate of compliance shall be issued in lieu of a parcel or final map in the case of a lot line adjustment pursuant to the requirements as set forth in this title in Chapter 17.20.

B. A certificate of compliance shall be issued upon request of a property owner or a vendee of such owner pursuant to a contract of sale of such real property, for property which has been divided in compliance with any existing provisions of law regulating such divisions or at a time when no such regulations were applicable, and which presently constitutes a lawfully existing lot or lots, for the purpose of establishing recorded evidence that the lot or lots are lawfully existing.

C. Upon determining that such property complies with the Subdivision Map Act and the provisions of this title, the City shall cause a certificate of compliance to be filed for record with the County Recorder.

D. A certificate of compliance may be issued subject to the provisions set forth in this chapter for a lot not created in compliance with any existing provisions of law regulating such divisions, in order to establish such a lot as lawfully existing. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.020 Certificate of compliance—Confirming lawful status of property.

A. Any property owner may request in writing that the City Engineer determine whether such property complies and was created in conformance with this title and the Subdivision Map Act, or was lawfully created prior to the applicability of such provisions. Upon making such determination, the City Engineer shall issue and cause a certificate of compliance to be recorded with the County Recorder.

B.    Any property owner making application under this section shall have the obligation of furnishing to the City Engineer such evidence and documents as may be required to enable the City Engineer to make the determinations required hereunder. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.030 Certificate of compliance—To render conformance.

The owner of a lot created in violation of this title, the Subdivision Map Act, or any predecessor legislation governing the division of land other than the person who created such violation, and any person who took title to the property with actual or constructive notice of such violation, may apply for a certificate of compliance in order to render that lot legal and in compliance with this title and the Subdivision Map Act. No application under this section shall be processed unless the applicant shall submit to the City a declaration under penalty of perjury that the applicant has attempted and been unable to obtain the consent of the other owners of property constituting the remainder of the original parcel unlawfully divided, of which the applicant’s property is a portion, for the filing of a subdivision application for the entire property. In no event shall a certificate of compliance be issued if the applicant is the owner of the whole of such original parcel. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.040 Certificate of compliance—Property description.

In addition to any other requirements contained in this chapter, any person applying for a certificate of compliance shall furnish to the City Engineer property descriptions, satisfactory to the City Engineer, and an area map, for any lots which are the subject of the application. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.050 Certificate of compliance—Issuance conditions.

The City Engineer may impose upon the issuance of any certificate of compliance such conditions as are required to insure compliance with this title and the Subdivision Map Act. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.060 Certificate of compliance—Fee.

In every instance where an application for a certificate of compliance is filed, a nonrefundable fee shall be charged as set from time to time by the City Council. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.070 Application forms and fees generally.

A.    Whenever any application or submittal is made pursuant to this title, such application or submittal shall be made on or accompanied by such application forms as may be prescribed by the officer with or to whom the application or submittal is made.

B.    Whenever any application or submittal is made hereunder, including but not limited to application for lot line adjustment, tentative, tentative parcel, final and parcel map approvals, certificates of compliance, reversions to acreage and appeals, a fee shall be charged as set from time to time by the City Council by resolution.

C.    Whenever any map, agreement or document is required to be filed or recorded under the provisions of this title, the applicant shall pay, in addition, all filing, recording and copying fees incurred.

D.    The City Engineer and/or the Director of Planning may require submission of supporting materials, as part of applications submitted pursuant to this title, necessary to describe or illustrate existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act. (Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 879 § 1 Ex. A (part), 1981)

17.12.080 Noncompliance—Permit issuance prohibited.

A.    The City Council finds that the development of property divided in violation of Title 17 of this code, the Subdivision Map Act, or any predecessor legislation, prior to review of such property and determination whether it complies with current standards for lot size and design and whether imposition of any conditions is required, is contrary to the public health and safety. Therefore, no permit or approval of any type necessary for the development of such property shall be issued by the City, whether the applicant was the owner of record at the time of such violation or whether the applicant is either the current owner of record or the vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of the applicant’s interest in such real property, until such time as a final or parcel map or certificate of compliance for the property is approved and recorded.

B.    Any permit or license issued in conflict with the provisions of this title shall be void. The enforcement of the provisions of this section shall be in addition to any other remedy or penalty provided by law for violation of this title or the Subdivision Map Act. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.090 Planning Commission—Advisory agency authority.

A.    Designation. The Planning Commission of the City of San Carlos, hereinafter in this title referred to as the "Planning Commission," is hereby designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act.

B.    Powers and Duties. The Planning Commission shall have all the powers and duties with respect to tentative, tentative parcel, final and parcel maps, and the procedure relating thereto which are specified by law and by this Code. It shall have the power to approve, conditionally approve, or disapprove maps. (Ord. 879 § 1 Ex. A (part), 1981)

17.12.100 Violations—Notice requirements.

A.    Whenever the City has knowledge that real property located within the City has been divided in violation of the provisions of this title or the Subdivision Map Act, the Zoning Administrator shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity shall be given to the owner to present evidence. Upon recording such a notice of intention to record a notice of violation, the Zoning Administrator shall mail a copy of such notice to the owner of such real property.

B.    The notice shall specify a time, date and place at which the owner may present evidence to the Zoning Administrator why such notice should not be recorded. Such evidence shall be limited to material tending to prove or disprove the existence of the alleged violation.

C.    If, after the owner has presented evidence, the Zoning Administrator determines that there has been no violation, the Zoning Administrator shall record a release of the notice of intention to record a notice of violation with the County Recorder. If the Zoning Administrator determines that the property has in fact been illegally divided, or if within sixty days of receipt of such notice the owner fails to inform the Zoning Administrator of the owner’s objection to recording the notice of violation, the Zoning Administrator shall record the notice of violation with the County Recorder.

D.    Nothing contained in this section shall be deemed to require the recordation of any of the notices referred to herein as a condition precedent to the enforceability of any provision of this title, the Subdivision Map Act, or any other provision of law. (Ord. 879 § 1 Ex. A (part), 1981)