23-112 Conditional issuance of certificate of compliance.

If the advisory agency determines that such real property does not comply with the provisions of the Subdivision Map Act or of this chapter, but that development of such real property would not be contrary to public health or the public safety, it may grant a certificate of compliance. In such cases the commission may, as a condition of granting a certificate of compliance and in order to protect the public health or the public safety, impose such conditions that would have been applicable to the division of the property at the time the current owner of record acquired the property. Provided, however, that any certificate of compliance shall be consistent with the general plan of the city. Such conditions may be fulfilled and implemented by the property owner who applied for the certificate or by a grantee of such property owner. If such conditions are not fulfilled or implemented the certificate of compliance shall have no force and effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new application for a certificate of compliance pursuant to section 23-110 and the advisory agency may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of record may request that a notice of compliance be filed with the county recorder. Said notice of compliance shall identify the real property, the book and page of the previously recorded certificate of compliance, and shall state that the conditions of the certificate of compliance have been fulfilled to the satisfaction of the advisory agency. (Ord. No. 1305, (part).)