Any person owning real property within the City of Santa Rosa
or a vendee of such person pursuant to a contract of sale of such
real property may request a determination as to whether such real
property complies with the provisions of this title and the Subdivision
Map Act in the following manner:
(A)
Anyone wishing to receive such a determination shall submit to the
City Engineer a complete application and such information as required
by the City Engineer along with such fees as are established by resolution
of the City Council to the City Engineer.
(B)
The City Engineer shall review all information submitted and make
a determination as to whether such real property complies with the
provisions of this title and the Subdivision Map Act. The City Engineer
shall be responsible for the review and approval of all certificates
of compliance.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Within seven calendar days of receiving a complete application,
the City Engineer shall distribute copies of the application to such
departments and agencies as is deemed advisable. Each of these entities
shall, within 14 days after receiving said application, send written
comments to the City Engineer indicating its findings and recommendations.
A written report by the City Engineer shall be returned to the applicant
recommending approval, conditional approval or denial of the application
within seven calendar days after receiving said comments.
(Ord. 3396 § 1, 1998)
Upon making such determination, the City Engineer shall cause
a certificate of compliance to be filed for record with the County
Recorder. The certificate of compliance shall identify the real property
and shall state that the division of land complies with applicable
provisions of this code and the Subdivision Map Act.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
If the City Engineer determines that such real property does
not comply with the provisions of this code or the Subdivision Map
Act, the City Engineer may, as a condition to granting a certificate
of compliance, impose only those conditions that would have been applicable
to the division of the property at the time the current owner of record
acquired his interest in the property, and which had been established
at such time by ordinance. The City Engineer may also impose such
conditions as would be applicable to a current division of the property
if it is determined that the applicant was the owner of record at
the time of the initial violation of the provisions of the Subdivision
Map Act or the City subdivision ordinance and created a parcel or
lot(s) in violation of the Map Act or this title by a grant of real
property. Upon making such a determination and establishing such conditions,
the City Engineer shall cause a conditional certificate of compliance
to be filed for record with the County Recorder. Such certificate
shall serve as notice to the property owner who has applied for a
certificate pursuant to this chapter, a grantee of 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 the 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.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
A final map or parcel map filed for record shall constitute
a certificate of compliance with respect to the lots shown and delineated
thereon.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
A processing fee as established by City Council shall be charged
to the applicant for processing the certificate of compliance.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
