Any person owning real property or purchasing real property pursuant to a contract of sale may request that the community development department determine whether the real property complies with the provisions of the California Subdivision Map Act and the Lakeport subdivision ordinance (Municipal Code). The city may require that the owner of property obtain a certificate of compliance (COC) or conditional certificate of compliance (CCOC) under certain situations set forth in the California Government Code. A recorded final subdivision map or parcel map automatically constitutes a certificate of compliance.
(Ord. 808 (part), 2001)
The owner or purchaser of real property shall file a written request with the Lakeport community development department for a certificate of compliance (COC). Upon receipt of the COC application, the community development department in consultation with the Lakeport city attorney shall review the application for compliance with the Map Act and city subdivision ordinance. If the city determines that the land (real property) does comply, a COC identifying the property and stating that it is in accordance with the Map Act and local subdivision ordinance shall be recorded with the county recorder.
If the community development department in consultation with the city attorney determines that the land (real property) does not comply with the provisions of the Map Act and city subdivision ordinance, a conditional certificate of compliance (CCOC) shall be recorded with the county recorder.
The city may, depending on when the person seeking the certificate acquired the property, attach conditions to the CCOC. A CCOC shall serve as notice to the property owner or potential property owner who has applied for the certificate, a grantee of the property, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such condition(s) shall be required prior to the subsequent issuance of a permit, grant of approval, or entitlement for development of the property. Compliance with said conditions shall not be required until such time as a permit or other grant of approval or entitlement for development of the property is issued by the city.
(Ord. 808 (part), 2001)
The city of Lakeport may require the applicant for a COC or CCOC to submit a title report tracing the chain of title and provide other record information in an effort to determine the level of compliance with the California Subdivision Map Act and city subdivision ordinance. Upon determination of the COC or CCOC, the owner or purchaser of the subject property will be required to generate a legal description and file with the COC or CCOC.
Should a decision be unable to be reached by the community development director/city attorney, the matter should be referred to the Lakeport planning commission for determination.
(Ord. 808 (part), 2001)