A. General Provisions:
1. Compliance With Government Code: The town shall process and approve or conditionally approve applications for certificate of subdivision compliance in compliance with Government Code sections 66499.34 and 66499.35, and this section.
2. Filing Criteria And Applicability - When Required:
a. A recorded certificate of compliance may be requested by any person owning real property to have the director determine whether the property complies with the provisions of this development code.
b. A certificate of compliance may be required by the director with the recordation of a notice of merger.
c. A recorded certificate of compliance shall be required for all lot line adjustments.
d. When contiguous deeds or surveys have ambiguities in which the property boundary cannot be ascertained as determined by the director and an agreement is reached to establish the line by all parties, a boundary line agreement and a certificate of compliance shall be recorded.
e. When determined by the director, a certificate of compliance may be required for the remainder parcel(s) on final or parcel maps.
B. Application: An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the director and include the information required by the director, together with the processing fee specified by the planning fee schedule.
C. Review Authority: The director shall be the review authority for reviewing and either approving or denying certificates of compliance.
D. Review And Action:
1. The director shall review the completed application in light of public records and applicable law.
2. If the director is able to determine from this review that the parcel is clearly in compliance with the provisions of this article 6 and the act, a certificate of compliance shall be issued by the director and delivered to the county recorder for recordation.
3. If the director is unable to determine from this review that the parcel is in compliance with the provisions of this article 6 and the act, but can do so with appropriate conditions, a conditional certificate of compliance shall be issued by the director and delivered to the county recorder for recordation.
4. If the director is unable to determine from this review that the parcel is clearly in compliance, the procedures specified in Government Code section 66499.35 shall apply.
E. Conditions Of Approval:
1. When granting a certificate of subdivision compliance for the purpose of determining whether real property is in compliance with the code, the following shall apply:
a. The requirement or conditions for granting of a certificate of subdivision compliance shall be limited to dedication of flood control and road or street right of way easement for lots created before March 4, 1972.
b. When a certificate of subdivision is requested for a parcel of land created after March 4, 1972, the following shall apply:
(1) If the parcel is less than five (5) acres in size, access, improvement, and map requirements consistent with land division requirements at the time the parcel was created shall be required.
(2) If the parcel is five (5) acres or greater in size, no parcel or record of survey map shall be required, unless the director finds that, due to topographical, geologic, or drainage concerns, delineation of such areas is necessary to assure adequate building sites. Access shall be provided pursuant to subsection E1b(1) of this section.
(3) Access requirements across lands not in the ownership of the applicant may be deferred until development is requested on the applicant's property. A statement of disclosure relating to such lack of access shall be placed on the conditional certificate of subdivision compliance advising of this requirement to future buyers of the parcel.
c. If the director determines that such real property does not comply with the provisions of this article 6, the director shall impose all the access requirements of this article 6 before issuing a conditional certificate of subdivision compliance, and impose those additional improvement requirements and tentative or parcel map requirements provided in this article 6. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of subdivision compliance pursuant to this section, or by a grantee of such property owner. If such conditions are not fulfilled or implemented by the applicant, property owner, or grantee, the certificate of subdivision compliance shall have no force or effect upon any subsequent transfer of the property and any subsequent transferee or assignee shall make a new applicant for a certificate of subdivision compliance pursuant to this article 6, and the director may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property.
2. All certificates of subdivision compliance shall be reviewed and approved by the town engineer prior to recordation. A record of survey may be required by the town engineer in order to facilitate the preparation of new legal descriptions or to ensure the elimination of any encroachment.
3. A certificate of subdivision compliance shall be issued for any real property which has been approved for development.
4. A recorded final subdivision map, or parcel map, or recorded lot merger shall constitute a certificate of subdivision compliance with respect to the parcels of real property described herein.
5. An official map prepared pursuant to subdivision (b) of section 66499.52 of the Government Code shall constitute a certificate of subdivision compliance or a conditional certificate of subdivision compliance with respect to the parcels of real property described therein and may be filed for the record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the town engineer, within contiguous sections of land. (Ord. 242, 9-3-2013)