City - County dispute

[mbstanton]

I have an unusual predicament. The parcel is the SW 1/4 of the SW 1/4 of Section 24. The north half of the parcel is within the County of S.L.O. and the South portion is within the City of S.L.O. Over the years, the County issued numerous development permits calling out ONLY the portion of the parcel within the County jurisdiction. So, under SMA 66499.35(c) we applied for a certificate of compliance through the County and they issued the certificate for only the north portion in 2025.

The City is now refusing to issue a cert. on the remaining portion of the property, since they never issued permits for the portion within the City. So, how only half the parent parcel is a legal lot.

What is the remedy?
1) Conditional cert. within the city?
2) Parcel map with just one parcel within the City's jurisdiction?
3) Parcel map with two parcels processed through both agencies?

thanks

[hellsangle]

I would suggest a chain of title back to Day One on that portion below the C/C. (assuming that has not already been done.)

If a Certificate of Compliance (C/C) was issued - that means the County gave their 'blessing' that it is a legal and separate parcel, (assuming the C/C description does not include the southerly portion that is within the city).

I don't understand why one would need a Certificate of Compliance for the southerly portion. If the northerly portion is legal & separate - its legal and separate! If a transfer of ownership were to occur on the parcel issued the Certificate of Compliance, wouldn't there be remaining parcel in the city? If not - isn't that a "taking" by the city?

Crazy Phil's worthless two cents