Solano County Municipal Code § 26-53 Conditional Certificate of Compliance

A conditional certificate of compliance, certifying that a lot is deemed to be in compliance with this Chapter and the Subdivision Map Act, subject to satisfaction of certain conditions precedent to the issuance of a building permit or other grant of approval for development of the lot, may be obtained pursuant to Sections 26-53.1 and 26-53.2. Any such certificate respecting a lot created by lease shall certify the lot’s compliance for the purposes of lease only, and only for the duration of the lease, except as otherwise required by the last paragraph of Section 66499.34 of the Subdivision Map Act.

(Ord. No. 1608, §2)

Any person may submit an application for a conditional certificate of compliance for any existing lot or group of contiguous lots which have been created, legally or illegally, by any conveyance or subdivision map, provided that the application must pertain to all such contiguous lots in common ownership. If the application pertains to a single lot, it shall be submitted and processed in the same manner and subject to the same requirements as an application for a parcel map, except as otherwise provided in Section 26-53.2. If the application pertains to two or more contiguous lots, it shall be submitted and processed in the same manner and subject to the same requirements as an application for a parcel map or a final map creating those lots, except as otherwise provided in Section 26-53.2. If the application pertains to two or more contiguous lots that were created illegally and are all owned by the illegal subdivider, the application may be approved only if the proposed conditional certificate of compliance merges all such lots into one, in which case it shall be treated as an application pertaining to a single lot. The approved conditional certificate of compliance shall be recorded in the same manner as other final maps and parcel maps, and once recorded shall have the same force and effect as a filed final map or parcel map.

(Ord. No. 1608, §2)

(a) An application for a conditional certificate of compliance shall not be denied on account of the noncompliance of any lot with applicable requirements respecting:

(1) Lot size and configuration;

(2) Buildable site;

(3) Sewage disposal;

(4) Water for domestic or firefighting purposes; or

(5) Access.

(b) However, the application may be approved subject to the condition that the lots are brought into compliance with such requirements. Any conditions imposed with respect to a conditional certificate of compliance shall be limited to those which could have been imposed in connection with a lawful subdivision of the legal parent parcel out of which each lot to which the certificate pertains was created had such lawful subdivision been effected on the date the present owner acquired his or her interest in the lot, except where the present owner was the owner at the time the parent parcel was subdivided so as to create the lot, in which case the conditions shall be limited to those which could be imposed in connection with a current lawful subdivision of such parent parcel. Compliance with such conditions by any lot to which the certificate pertains shall be required prior to County issuance of a building permit or other grant of development approval for said lot.

(Ord. No. 1608, §2)