Chapter 22.130
CERTIFICATE OF COMPLIANCE
Sections:
22.130.010 Action on application.
22.130.015 Procedure before the city council.
22.130.005 Application.
Any person owning real property or any vendee pursuant to a contract of sale may request a certificate of compliance by filing an application with the director. The application shall include the creating deed and the application fee payment required by city council resolution. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0712 § 6, 1988; SCC 574 § 2, 1983].
22.130.010 Action on application.
If the director determines that the parcel for which an application for a certificate of compliance has been filed is a lawful parcel as defined in RCMC 22.15.050 and otherwise complies with the Subdivision Map Act, then the director shall cause a certificate of compliance to be filed for record with the county recorder. If the director determines that the parcel for which an application for a certificate of compliance has been filed is not a lawful parcel or does not comply with the Subdivision Map Act, then the application shall be referred to the city council for public hearing and the hearing fee payment established by city council resolution shall be made by the applicant. This hearing fee payment shall be made within 30 days of the referral date or the application shall be deemed to be withdrawn.
Upon receipt of the hearing fee payment, the director shall set for public hearing before the city council the issues of whether the parcel is a lawful parcel and otherwise complies with the Subdivision Map Act. The director shall prepare a written report for the city council of the specific reasons why the director determined that the parcel was not a lawful parcel or does not comply with the Subdivision Map Act. A copy of this written report shall be furnished to the applicant at least five days prior to the city council hearing. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0712 § 7, 1988; SCC 574 § 2, 1983].
22.130.015 Procedure before the city council.
The city council shall, within 30 calendar days of the date of the hearing fee payment, conduct a public hearing on the issue of whether the parcel is a lawful parcel and otherwise complies with the Subdivision Map Act. During the hearing, the city council shall consider the written report prepared by the director and all other relevant evidence.
A. If the city council determines that the parcel is a lawful parcel and otherwise complies with the Subdivision Map Act, the director shall cause a certificate of compliance to be filed for record with the county recorder in accordance with the requirements of Section 66499.35 of the Government Code, as amended.
B. If the city council determines that the parcel is not a lawful parcel or does not comply with the Subdivision Map Act, then the city council shall issue a conditional certificate of compliance in accordance with the requirements of Section 66499.35 of the Government Code.
C. Issuance of a certificate of compliance or a conditional certificate of compliance is not a representation that the property can be developed under applicable laws and regulations, including, but not limited to, the Rancho Cordova zoning code, and certificates of compliance and conditional certificates of compliance shall contain a statement to this effect. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0712 § 8, 1988; SCC 574 § 2, 1983].