Chapter 16.32


16.32.010    Purpose.

16.32.020    Requirements for application.

16.32.030    Review procedures.

16.32.040    Determinations and requirements for issuance.

16.32.050    Contents of certificates of compliance.

16.32.060    Recordation of certificates of compliance.

16.32.070    Documents constituting certificates of compliance.

16.32.080    Real property approved for development.

16.32.090    Pre-incorporation parcels.

16.32.010 Purpose.

The purpose of this chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of this title. (Ord. 05-002 § 1 (part), 2005)

16.32.020 Requirements for application.

Requests for certificates of compliance may be made by any person owning real property subject to the provisions of this chapter or a vendee of such person pursuant to a contract of sale of such property. Requests for a certificate of compliance shall include a site plan and any other maps or documents required by the planning division; including copies of recorded and unrecorded documents, current deeds, contract for sale, and previously recorded deeds or chain of title report for the parcels seeking a certificate of compliance. Requests shall be accompanied by a fee as established by the city council. (Ord. 05-002 § 1 (part), 2005)

16.32.030 Review procedures.

The planning manager has the authority to issue a certificate of compliance. (Ord. 05-002 § 1 (part), 2005)

16.32.040 Determinations and requirements for issuance.

The planning manager shall review the application for a certificate of compliance and shall make one of the following determinations based on that review:

A.    Issuance. If the parcel is found to comply with all provisions of the Subdivision Map Act and the San Pablo municipal code, a certificate of compliance shall be issued pursuant to Section 66499.35(a) of the Government Code; or

B.    Conditional Issuance. If the parcel does not comply with regulations in effect at the time of its creation or does not comply with current regulations, the parcel shall be found not to comply with state and city regulations and a conditional certificate of compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code. Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or of local regulations enacted pursuant to that Act, conditions may be imposed applicable to a current division of property. Fulfillment of all conditions shall be required prior to subsequent issuance of any permit or grant of approval for development of the property. (Ord. 05-002 § 1 (part), 2005)

16.32.050 Contents of certificates of compliance.

The certificate of compliance shall contain the information required by Section 66499.35(f) of the Government Code. (Ord. 05-002 § 1 (part), 2005)

16.32.060 Recordation of certificates of compliance.

After the certificate of compliance is issued, it shall be recorded with the county recorder. (Ord. 05-002 § 1 (part), 2005)

16.32.070 Documents constituting certificates of compliance.

A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance declaring all parcels described therein to be in compliance with state and city regulations. (Ord. 05-002 § 1 (part), 2005)

16.32.080 Real property approved for development.

A certificate of compliance shall be issued for any “real property which has been approved for development,” as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property. (Ord. 05-002 § 1 (part), 2005)

16.32.090 Pre-incorporation parcels.

For the purposes of administration of this chapter, any parcel that was shown on the county assessor’s map as a separate parcel prior to April 26, 1948, shall be considered as a conforming parcel. This information is provided pursuant to Section 66412.6 of the Government Code. (Ord. 05-002 § 1 (part), 2005)