Chapter 16.45
CERTIFICATES OF COMPLIANCE
Sections:
16.45.030 Application and required fees.
16.45.040 Approving authority.
16.45.050 Criteria for issuance.
16.45.060 Filing of certificate of compliance.
16.45.010 Purpose.
Certificates of compliance provide a means for conferring legal status to parcels of land that were not created by legal means or for confirming the legal status of parcels of land that were created by legal means. The provisions of this chapter comply with the requirements of Government Code Section 66499.35. (Ord. 22-12 § 3 (Exh. A))
16.45.020 Applicability.
This chapter applies to parcels of land for which there is no final map, parcel map, official map, or approved certificate of exception that would otherwise establish legal status for the parcels. (Ord. 22-12 § 3 (Exh. A))
16.45.030 Application and required fees.
Requests for certificates of compliance shall be submitted to the engineering department on an approved city application form and shall be accompanied by all the required application materials and applicable fees. (Ord. 22-12 § 3 (Exh. A))
16.45.040 Approving authority.
The designated approval authority as specified in Section 16.05.020 (Responsibilities and authorities) shall review the application and shall issue a certificate of compliance or a conditional certificate of compliance or deny issuance of a certificate of compliance or a conditional certificate of compliance. (Ord. 22-12 § 3 (Exh. A))
16.45.050 Criteria for issuance.
In making a determination of issuance, the approval authority shall use the following criteria:
A. A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, that meets the following criteria:
1. The parcel resulted from a division of the land in which fewer than five parcels were created; and
2. No record of survey has been processed and recorded for the parcel; and
3. At the time of creation of parcels, there was no local ordinance regulating the division of land.
B. A certificate of compliance shall be issued for any real property that has been approved for development pursuant to Government Code Section 66499.34.
C. A certificate of compliance or a conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provisions of state or local ordinances regulating the division of land. A conditional certificate of compliance may include the following conditions:
1. If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance may impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property.
2. If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance may impose conditions which would be applicable to a current division of land.
D. A certificate of compliance may be issued for divisions of real property or interests therein created by probate, partition, or other civil judgments or decrees, when the division is not otherwise required to comply with other provisions of this title. (Ord. 22-12 § 3 (Exh. A))
16.45.060 Filing of certificate of compliance.
The city shall file the completed certificate of compliance or conditional certificate of compliance with the Riverside County recorder’s office. (Ord. 22-12 § 3 (Exh. A))