It is declared that any land for which a certificate of compliance
is desired shall adhere to the processes and procedures set forth
hereinafter.
(Prior code § 9508.010)
Any person owning real property or a vendee of that person,
pursuant to a contracted sale of the subject real property, may request,
and the city shall determine, whether the real property complies with
the provisions of this section and of this title of the Upland Municipal
Code. Upon making such determination, the city, by and through the
public works director, shall cause a certificate of compliance to
be filed for record with the recorder of the county of San Bernardino.
The certificate of compliance shall identify the subject real property
and shall state that the division thereof complies with the applicable
provisions of this section and of this title of the Upland Municipal
Code.
(Prior code § 9508.020)
If the city determines that the subject real property does not
comply with this section, the State Map Act, or this title of the
Upland Municipal Code, the city shall issue either a certificate of
compliance or a conditional certificate of compliance. The city may,
by and through the public works director, as a condition of granting
the requested certificate of compliance, impose such conditions as
would have been applicable to the division of the property at the
time the applicant therefor acquired his or her interest therein,
and which would have been established at such time by this section,
the State Map Act or this title of the Upland Municipal Code. Notwithstanding
the foregoing, in the event the applicant was the owner of record
at the time of the initial violation of the provisions of this section,
the State Map Act or, this title of the Upland Municipal Code and
who by grant of the real property created the parcel or parcels in
violation of such regulations and such person is the current owner
of record of one or more of the parcels which were so created in violation
of such regulations, then the city may impose any conditions which
are applicable to a current subdivision of property within the city.
Upon making the determination and the establishment of the conditions,
the city shall, by and through the public works director, cause a
conditional certificate of compliance to be filed for record with
the recorder of San Bernardino County. The certificate shall also
provide notice to the property owner or vendee who has applied for
the certificate, and to any other interested person, that the fulfillment
and implementation of the conditions shall be required prior to subsequent
issue of a permit or other grant of approval for development of the
property. In no event shall compliance with these conditions be required
until the time which a permit or other grant of approval or entitlement
for development of the property is issued by the city.
(Prior code § 9508.030)
The recorded final map, parcel map or official map shall constitute
a certificate of compliance with respect to the parcels or real property
described herein.
(Prior code § 9508.040)
A.
A fee
in the amount of the actual costs incurred by the city in reviewing
and acting on such application, including legal fees, title reports,
recordation fees and other necessary fees and costs, plus an administration
fee in an amount established by resolution of the city council, shall
be paid to the city upon the city's demand upon applicant. Notwithstanding
the foregoing, a deposit may be required to be applied toward this
fee at the discretion of the public works director.
B.
The
public works director, or designee, shall prepare and make available
to any applicant the application forms and the description of necessary
material and documents required from the applicant to act upon such
application.
(Prior code § 9508.050)
Any decision of the administrative committee pertaining to a
certificate of compliance is appealable to the planning commission
in accordance with the provisions of Upland Municipal Code Section
17.16.130.
(Prior code § 9508.060)
