Our client owns tax parcel 001, 007 & 008. See attached for legal description. Client applied permit to build new homes on 001 & 007. During initial permit application, City confirmed said parcels lawful parcels to built. After all construction plans were approved, City changed its mind that said parcels were not legal parcels and refused to issue permit.
We informed City that said parcels were created in 1925 (see attached 1st cut deeds in red areas) which was prior to 1939 City's Subdivision Ord. & SMA66412.6. As such, said parcels are lawful.
Does City has any grounds to deny 001 & 007 as lawful parcels?
City hesitate to decide on legal parcel issues
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BoundaryMan
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City hesitate to decide on legal parcel issues
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subman
- Posts: 453
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- Location: Ventura County
Did the City issue any permits for development on parcels 1 & 7 (i.e. the tennis court and swimming pool). If so, I think they are required to issue a Certificate of Compliance without any conditions regardless of the date of the ordinance. See SMA 66499.35(c) below.
66499.35. Certificate of Compliance; Conditions; Effect
(a) Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may
request, and a local agency shall determine, whether the real property complies with the provisions of this division and of
local ordinances enacted pursuant to this division. If a local agency determines that the real property complies, the city or the
county shall cause a certificate of compliance to be filed for record with the recorder of the county in which the real property
is located. The certificate of compliance shall identify the real property and shall state that the division of the real property
complies with applicable provisions of this division and of local ordinances enacted pursuant to this division. The local
agency may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.
(b) If a local agency determines that the real property does not comply with the provisions of this division or of local
ordinances enacted pursuant to this division, it shall issue a conditional certificate of compliance. A local agency may, as a
condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the
division of the property at the time the applicant acquired his or her interest therein, and that had been established at that time
by this division or local ordinance enacted pursuant to this division, except that where the applicant was the owner of record
at the time of the initial violation of the provisions of this division or of the local ordinances who by a grant of the real
property created a parcel or parcels in violation of this division or local ordinances enacted pursuant to this division, and the
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 of
this division or those local ordinances, then the local agency may impose any conditions that would be applicable to a
current division of the property. Upon making the determination and establishing the conditions, the city or county shall
cause a conditional certificate of compliance to be filed for record with the recorder of the county in which the real property
is located. The certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant
to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment
and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval
for development of the property.
Compliance with these conditions shall not be required until the time that a permit or other grant of approval for
development of the property is issued by the local agency.
(c) A certificate of compliance shall be issued for any real property that has been approved for development pursuant
to Section 66499.34.
(d) A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of
compliance with respect to the parcels of real property described therein.
(e) An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance
with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are
contiguous, so long as the parcels are within the same section or, with the approval of the city engineer or county surveyor,
within contiguous sections of land.
(f) (1) Each certificate of compliance or conditional certificate of compliance shall include information the local
agency deems necessary, including, but not limited to, all of the following:
(A) Name or names of owners of the parcel.
(B) Assessor parcel number or numbers of the parcel.
(C) The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued
and recorded.
(D) Legal description of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance
is being issued and recorded.
(E) A notice stating as follows:
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances
enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the
Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a
permit or permits, or other grant or grants of approval.
(F) Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval
for development of the property, as specified in the conditional certificate of compliance.
(2) Local agencies may process applications for certificates of compliance or conditional certificates of compliance
concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple
parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as
to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate
of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each
parcel.
66499.35. Certificate of Compliance; Conditions; Effect
(a) Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may
request, and a local agency shall determine, whether the real property complies with the provisions of this division and of
local ordinances enacted pursuant to this division. If a local agency determines that the real property complies, the city or the
county shall cause a certificate of compliance to be filed for record with the recorder of the county in which the real property
is located. The certificate of compliance shall identify the real property and shall state that the division of the real property
complies with applicable provisions of this division and of local ordinances enacted pursuant to this division. The local
agency may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.
(b) If a local agency determines that the real property does not comply with the provisions of this division or of local
ordinances enacted pursuant to this division, it shall issue a conditional certificate of compliance. A local agency may, as a
condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the
division of the property at the time the applicant acquired his or her interest therein, and that had been established at that time
by this division or local ordinance enacted pursuant to this division, except that where the applicant was the owner of record
at the time of the initial violation of the provisions of this division or of the local ordinances who by a grant of the real
property created a parcel or parcels in violation of this division or local ordinances enacted pursuant to this division, and the
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 of
this division or those local ordinances, then the local agency may impose any conditions that would be applicable to a
current division of the property. Upon making the determination and establishing the conditions, the city or county shall
cause a conditional certificate of compliance to be filed for record with the recorder of the county in which the real property
is located. The certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant
to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment
and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval
for development of the property.
Compliance with these conditions shall not be required until the time that a permit or other grant of approval for
development of the property is issued by the local agency.
(c) A certificate of compliance shall be issued for any real property that has been approved for development pursuant
to Section 66499.34.
(d) A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of
compliance with respect to the parcels of real property described therein.
(e) An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance
with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are
contiguous, so long as the parcels are within the same section or, with the approval of the city engineer or county surveyor,
within contiguous sections of land.
(f) (1) Each certificate of compliance or conditional certificate of compliance shall include information the local
agency deems necessary, including, but not limited to, all of the following:
(A) Name or names of owners of the parcel.
(B) Assessor parcel number or numbers of the parcel.
(C) The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued
and recorded.
(D) Legal description of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance
is being issued and recorded.
(E) A notice stating as follows:
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances
enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the
Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a
permit or permits, or other grant or grants of approval.
(F) Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval
for development of the property, as specified in the conditional certificate of compliance.
(2) Local agencies may process applications for certificates of compliance or conditional certificates of compliance
concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple
parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as
to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate
of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each
parcel.
Dennis Hunter, PLS & PE
Simi Valley, CA
Simi Valley, CA
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BoundaryMan
- Posts: 74
- Joined: Mon Jul 19, 2010 1:44 pm
Thank you subman.
If I read it correctly, local agency shall caused a certificate of compliance be issued for any real property that has been approved for development pursuant
to Section 66499.34.
What if the tennis court & swimming pool permit was issued to prior property owner. Does Section 66499.34 still apply?
If I read it correctly, local agency shall caused a certificate of compliance be issued for any real property that has been approved for development pursuant
to Section 66499.34.
What if the tennis court & swimming pool permit was issued to prior property owner. Does Section 66499.34 still apply?
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BoundaryMan
- Posts: 74
- Joined: Mon Jul 19, 2010 1:44 pm