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AB-2458 Subdivision Map Act: certificates of compliance.(2001-2002)

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CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2458

Introduced  by  Assembly Member Corbett

February 21, 2002

An act to amend Section 66499.35 of the Government Code, relating to local planning.


LEGISLATIVE COUNSEL'S DIGEST


AB 2458, as introduced, Corbett. Subdivision Map Act: certificates of compliance.
The existing Subdivision Map Act requires a local agency to determine whether real property complies with the provisions of the act and local ordinances enacted pursuant to it upon the request of any person owning the real property or a vendee of that person pursuant to a contract of sale of the real property. The act also requires that a local agency issue a certificate of compliance or a conditional certificate of compliance with respect to the real property that includes specified information, including a notice that relates only to issues of compliance or noncompliance with the act.
This bill would revise the required notice, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66499.35 of the Government Code is amended to read:

66499.35.
 (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 the local ordinances enacted pursuant thereto. Upon making the determination, 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 thereof complies with applicable provisions of this division and of the local ordinances enacted pursuant thereto. 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 the local ordinances enacted pursuant thereto, it shall issue a certificate of compliance or a conditional certificate of compliance. A local agency may, as a condition to granting a certificate of compliance, impose any conditions which that would have been applicable to the division of the real property at the time the applicant acquired his or her interest therein, and which had been established at that time by this division or local ordinance enacted pursuant thereto, 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 enacted pursuant thereto who by a grant of the real property created a parcel or parcels in violation of this division or local ordinances enacted pursuant thereto, and the person is the current owner of record of one or more of the parcels which that were created as a result of the grant in violation of the division or local ordinances enacted pursuant thereto, then the local agency may impose any conditions which that would be applicable to a current division of the real 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 the 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 which when 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 which 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 or parcels 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 or parcels may require the issuance of a permit or permits, or other grant or grants of approval.
(F) Any conditions to be fulfilled and implemented prior to the subsequent issuance of a permit or other grant of approval for development of the real property, as specified in the conditional certificate of parcel 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 such parcel.