§ 16.20.160. Certificate of compliance.

A.

Application. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. Application for a certificate shall be made to the planning director, accompanied by such fees as the city council may from time to time adopt by resolution, as follows:

1.

Completed planning application form and required fee and attachments (see also Section 16.12.030;

2.

Ten (10) copies of a map, legibly drawn, in ink, to an engineer's scale, with the scale shown on the map, shall be submitted to the planning department. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to and providing access to the property;

3.

The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements;

4.

A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection;

5.

The map shall show the name, address, telephone number and signature of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner;

6.

The map shall show the current zoning on the property and the current assessor's parcel number;

7.

The application shall also include:

a.

A legible copy of the current owner's grant deed or contract of sale and a copy of the deed that originally created the lot,

b.

A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property,

c.

Documentation of recorded access to the subject property unless abutting a public street,

d.

A legal description for the subject property to be typed on plain white paper, eight and one-half inches by eleven (11) inches with one inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance,

e.

A lot book report that shows transactions of the subject property for the previous four years,

f.

No copies of a preliminary title report dated within the last six months,

g.

A copy of the Subdivision Map Act and/or other state and local subdivision laws that here applicable at the time the property was divided.

B.

Authority and Processing. Upon receipt of a completed application, the community development director and public works director shall review the matter and shall then submit the application to the staff advisory committee at one of its regular meetings for its report and recommendations. Following a review of the application, the planning commission shall adopt a resolution stating their decision. Such decision is subject to the appeal provisions of Section 16.12.150.

C.

Issuance.

1.

If the planning commission determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, the planning director shall be directed to record a certificate of compliance with the county recorder.

2.

If the planning commission determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, a certificate may be issued by the planning director contingent upon the completion of appropriate conditions. The planning commission may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created a parcel or parcels in violation, and such 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, then the planning commission may impose such conditions as would be applicable to a current division of the property.

a.

When the planning commission imposes conditions, he or she shall direct the planning director to file for record with the county recorder a conditional certificate of compliance.

b.

The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

c.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the city or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of the real property pursuant to the provisions of this title.

d.

Upon completion of the conditions, the owner shall notify the planning director. If the conditions are satisfactorily completed, the planning director shall then issue a final certificate of compliance.

(Ord. 573 Exh. A (part), 2005; prior code § 9-04.160)