The provisions of this chapter shall be enforced in accordance with the provisions of Chapter 7 of the Subdivisions Map Act and Section
17.04.140 of this title.
(Prior code § 30-39)
A. Any
person owning real property or a vendee of that person pursuant to
a contract of sale of the real property may request a determination
whether such real property complies with the provisions of the Subdivision
Map Act and this title. Applications for a certificate shall be made
to the Director of Public Works/City Engineer on forms prescribed
by the Director of Public Works, and shall be accompanied by a map
legibly drawn to scale showing the dimensions of the subject property,
the location and use of all structures on the property with the distances
from the structures to the parcel boundaries.
B. The
application shall also be accompanied by a legible copy of the current
owners deed or contract of sale, and maps and deeds of all other property
owned by the applicant that is contiguous to the subject real property.
C. The
application shall be accompanied by a reasonable fee established by
resolution of the City Council to cover the cost of issuing and recording
the certificate of compliance.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)
Within thirty days after receipt of the completed application,
the Director of Public Works/City Engineer shall submit the matter
to the Planning Commission. Within sixty days thereafter, the Planning
Commission shall make a final determination as to whether or not the
real property complies with the applicable provisions of the Subdivisions
Map Act and this title.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)
If such real property is in compliance, the Director of Public
Works/City Engineer shall be directed to have a certificate of compliance
filed for record with the County Recorder. The certificate of compliance
shall identify the real property and shall state that the division
thereof complies with applicable provisions of the Subdivision Map
Act and this title.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)
If it is determined that such real property does not comply
with the provisions of the Subdivision Map Act or of this title, the
Planning Commission shall issue a certificate of compliance or a conditional
certificate of compliance. The Planning Commission may, as a condition
to granting a certificate of compliance, impose any conditions which
would have been applicable to the division of the property at the
same time the applicant acquired his or her interest therein, and
which had been established at that time by the Subdivision Map Act
or this title, except that where the applicant was the owner of record
at the time of the initial violation of the provisions of the Subdivision
Map Act or this title who by a grant of the real property created
a parcel or parcels in violation of the Subdivision Map Act or this
title, and the person is the current owner of record of one or more
of the parcels which were created as a result of the grant in violation
of the Subdivision Map Act or this title, then the Planning Commission
may impose any condition which would be applicable to a current division
of property.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)
Upon making the determination and establishing the conditions, the Director of Public Works/City Engineer shall be directed to have a conditional certificate of compliance filed for record with the County Recorder. The certificate shall serve as a notice to the property owner or vendee who has applied for the certificate pursuant to Sections
17.24.020 through
17.24.070 of this chapter, or grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)
Compliance with these conditions shall not be required until
the time which a permit or other grant of approval for development
of the property is issued by the City.
(Prior code § 30-40; Ord. 89-623 § 1, 1989)