LLA's and Certificate of Compliance

[JasonCamit]

It is typical in the area that I practice that the municipal entity to record a Certificate of Compliance when all conditions of approval have been complied with in regard to Lot Line Adjustments.

I have read in Section 66499.34 that these Certifiactes of Compliance shall be recorded at the request of the owner of the property involved when improvements have been constructed prior to permit or grant of approval for development.

in Section 66499.35 it reads (c) a certificate of compliance shall be issued for real property that has been approved for development pursuant to Section 66499.34.

My question is, Is it necessary for a municipal entity to record a Certificate of Compliance after all conditions of the Lot Line Adjustment have been complied with in order for said property to be allowed to be developed?

Also, I have noticed in the past that no Certificates of Compliance have been recorded for Lot Line Adjustments that have complied with all conditions of approval, but have been obviously developed.

I need some clarification/conversation of the "Function and Necessity" of the Certificate of Compliance.

[Gfletts]

COC's are required when there is some suspicion that the lot that has been split violates the intent of that provision of the SMA or local ordinance where the development of that land is contrary to public health and safety. Almost all Lot Line Adjustments result in the issuance of a Certificate of Compliance because the very nature of the application is to adjust and create parcels that may violate zoning regulations and building setbacks.
Sometimes an older parcel may be brought before the agency that a lot line adjustment is not required. Instead a ruling on whether the lot meets the local zoning regulations, setback requirements and current health regulations. There should be no other conditions set by the agency unless they address the public health and safety of the lot.

[JasonCamit]

It sounds like a municipal entity records a Certificate of Compliance after all conditions of approval have been complied with to insure that the property(ies) involved in a Lot Line Adjustment can be sold, leased, financed, and/or developed.

[Ian Wilson]

Actually, according to §66412 of the SMA, the local jurisdcition may NOT imposed any conditions on an LLA, except "...to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements..."

Has anyone tried to use §66499.31 when faced with a jurisdiction that wants to violate the SMA? Imposing conditions might just be a misdemeanor!

[E_Page]

It is my understanding that an approved LLA constitutes a CoC in itself and that no separate filing of a CoC is required.

[JasonCamit]

Section 66499.35 (a) thru (f) of the SMA does not specifically mention LLA constitutes a COC. Thats was a concern of mine and the question at hand.