18.120.040 - Conditional Certificate of Compliance.
A. Application for Conditional Certificate of Compliance. If the City Surveyor determines that the real property was divided in violation of the provisions of the Subdivision Map Act or this title which were applicable at the time the property was divided, the applicant shall within 30 days of such determination file an application for a Conditional Certificate of Compliance, together with the required processing fee as prescribed by the City's Fee Resolution. Failure to file an application in 30 days will result in enforcement as prescribed under Chapter 18.070 Enforcement. The application for a Certificate of Conditional Compliance need only be accompanied by any current vesting deed(s) not submitted with the application for determination; provided, however, if the application for a Conditional Certificate of Compliance is filed over one year from the date of the notice of the determination by the City Surveyor of noncompliance, the application for a Conditional Certificate of Compliance shall be accompanied by the current vesting deed(s) and such other information as may be required to ascertain the status of each parcel included in the application, as well as a map drawn to an engineer's scale of the subject property with dimensions showing the location and use of all structures on the property and all streets adjacent to and providing access to the property. The application shall not be considered as complete until all the application documents including the vesting deed(s) and map have been received together with the processing fee.
B. City Surveyor's decision. If the City Surveyor has determined that the real property was divided in violation of the Subdivision Map Act or this title, the City Surveyor may either administratively issue a Conditional Certificate of Compliance, thereby approving the Conditional Certificate of Compliance or refer the matter to the Planning Commission as hereinafter provided. Such decision shall be made within 20 working days after receipt of the completed application and written notice shall be given to the applicant. The decision to refer the matter to the Planning Commission is not appealable.
Written notice of the City Surveyor's decision to approve the Conditional Certificate of Compliance, including conditions imposed, shall be forwarded to the applicant. The City Surveyor's decision to issue a Conditional Certificate of Compliance, shall be final and effective ten days following the notice of decision, unless the applicant or other interested party files an appeal in accordance with Chapter 18.170 Appeals.
C. Conditions. The City Surveyor may impose such conditions on the issuance of the Conditional Certificate of Compliance 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 of the Subdivision Map Act or this title, 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 City Surveyor may impose such conditions as would be applicable to a current division of the property, including the requirement of filing a parcel map or tract map.
The conditions may be fulfilled and implemented by the owner or vendee who applied for the Conditional Certificate of Compliance or any subsequent owner. 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, unless the property is thereafter included as a part of a legal division of said real property pursuant to the provisions of this title.
D. Preparation of Conditional Certificate of Compliance. At such time as the decision of the City Surveyor or the Planning Commission acting in its capacity as City Surveyor, or, in the case of an appeal, the decision of the City Council to issue a Conditional Certificate of Compliance is final, the application and any conditions imposed shall be forwarded by the Planning Division to the City Surveyor for preparation of the Conditional Certificate of Compliance within five days of the decision becoming final. The City Surveyor shall within five working days of referral prepare the Conditional Certificate of Compliance. The Conditional Certificate of Compliance shall contain the information as set forth in Section 18.120.050 Required Information on Certificates.
E. Issuance. The City Surveyor, shall issue the Conditional Certificate of Compliance and shall then cause the applicant to be notified of the estimated recording fees for recording the Conditional Certificate of Compliance.
F. Payment of recording fee; recordation. Upon remittance to the City of the estimated recording fees by the applicant, the City Surveyor shall then cause the Conditional Certificate of Compliance to be recorded in the Office of the County Recorder of Riverside County. Such remittance shall be by check made payable to the County Recorder, County of Riverside, in the amount required to have the document recorded.
G. Completion of conditions. Upon completion of the conditions imposed by a Conditional Certificate of Completion, the owner shall notify the City Surveyor. If the conditions are satisfactorily completed, the City Surveyor shall then issue and record a final Certificate of Compliance upon the payment by the applicant of any fee as may be established by the City's Fee Resolution, together with the estimated recording costs.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
