16.22.040 Review and processing procedures.
The community development director shall review the application and shall issue a certificate of compliance, a certificate of noncompliance or a conditional certificate of compliance. The determination shall be based on the following criteria:
A. A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, which meets the following criteria:
1. The parcels resulted from a division of land in which fewer than five parcels were created; and
2. At the time of creation of parcels, there was no local ordinance regulating the division of land.
B. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 66499.34 of the Government Code.
C. A conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provisions of state or local ordinances regulating the division of land, including the Coastal Act and the Marina Local Coastal Program as applicable. If the parcel subject to a conditional certificate of compliance is in the coastal zone, that parcel must also be subject of an application and approval of a coastal development permit to be recognized as a legal parcel pursuant to the California Coastal Act and the Marina Local Coastal Program. A conditional certificate of compliance may include conditions as follows:
1. If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance shall impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property; and
2. If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance shall impose conditions which would be applicable to a current division of land. (Ord. 2009-04 § 4 (Exh. A), 2009; Ord. 2007-08 § 4 (Exh. A), 2007)