Certificates of Compliance

[mpallamary]

I am overwhelmed and thankful for the response to the recent Webinar on Lot Line Agreements, Lot Line Adjustments, and Certificates of Compliance. it is my understanding more than 350 people participated. Since then, I have received a large number of emails and phone calls, all positive and supportive, the majority from municipalities across the state. It is evident there is considerable confusion and a lack of consistency across the state as to how and when a Certificate of Compliance should be issued.

Time permitting, I will try and address this issue in the future. As part of my initial inquiries, years ago, I obtained a complete legislative history on the adoption of these original laws. It is enlightening. To these ends, I have attached a published case that should provide some clarity as to this process.

I do take issue with the processes adopted by The City of San Diego and The City of Malibu wherein it is their policy to stop returning phone calls and responding to emails when they do not like the questions or, when they are presented with case law that conflicts with their opinions which, Their goal is clearly, to turn a ministerial process into a discretionary process so that they can extract fees and exactions.

That is contrary to the stated intent of the law and is improper. I am hopeful they and other cities will educate their staff as to their duties under state law.