A Certificate of Compliance question for your consideration:
Two rectangular adjacent Lots, under common ownership. They are covered by two assessor's parcels, but the assessor's line is not on the Property Line but several feet off and parallel to it.
Both properties are developed with zero lot line permitted buildings. The buildings sit on the assessor's lots, and are therefore over the property line by said several feet.
The client is now having trouble getting a permit to remodel one of the buildings, due to said building being over the property line. Is he entitled to a permit, inasmuch as the subject building is itself a permitted structure? Is he entitled to a Certificate of Compliance for the assessor's lot, if required, based on SMA 6649.35(c). Does the assessor's lot become a "legal lot" by virtue of the permitted constructed building per 6649.35(c)?
COC on APN?
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E_Page
- Posts: 2144
- Joined: Thu Jun 23, 2005 6:49 am
- Location: El Dorado County
Re: COC on APN?
Seems like there might be a LLA somewhere in the history that didn't get fully executed. I can well imagine an approved LLA application at planning, forwarded to the assessor, and the Building Dept issuing permits based on the approved LLA, all assuming that since recording the QCDs to legally execute the LLA being the easiest step in the process, that it was all but a done deal.
Start by investigating LLA applications in the months just prior to the APMs being changed. If you find that one exists with an expired approval, have your client submit a new application based on the prior approval and then shepherd it through the process.
It could also be that because it was under common ownership, it got hung up at the step of recording the QCDs because one cannot grant to oneself. Depending upon the jurisdiction, you might be able to file an unconditioned PM, or your client might have to get someone to act as an intermediary owner where the transfer portion(s) is (are) conveyed from the owner of the portion from which the land will be taken to the intermediary who in turn conveys back to the owner as owner of the receiving parcel. The intermediary should probably be the client's attorney as an attorney owes a professional fiduciary duty to their client.
Start by investigating LLA applications in the months just prior to the APMs being changed. If you find that one exists with an expired approval, have your client submit a new application based on the prior approval and then shepherd it through the process.
It could also be that because it was under common ownership, it got hung up at the step of recording the QCDs because one cannot grant to oneself. Depending upon the jurisdiction, you might be able to file an unconditioned PM, or your client might have to get someone to act as an intermediary owner where the transfer portion(s) is (are) conveyed from the owner of the portion from which the land will be taken to the intermediary who in turn conveys back to the owner as owner of the receiving parcel. The intermediary should probably be the client's attorney as an attorney owes a professional fiduciary duty to their client.
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Elias French
- Posts: 135
- Joined: Fri Aug 07, 2009 7:22 am
Re: COC on APN?
I completely agree regarding the possibility of an old incomplete LLA existing for these properties; we are looking into the planning history on this.
That possibility notwithstanding, I surmise that even though a permit was issued to construct this building, that doesn't preclude the city from holding up future permits on the same structure until this (newly discovered) property line issue is resolved? Is this not reminiscent of cases where the local agency is reluctant to grant a COC for a parcel which has been issued a "permit for development", when they are required to per SMA 66499.35(c). A way of preventing 'double jeopardy'.
I take it the critical difference is that the current case concerns permits granted to develop mere "assessor's lots", not separate parcels of 'real property'. Now that the construction over the property line has been discovered, it must be rectified before any more permits may be issued?
Thank you for your input.
That possibility notwithstanding, I surmise that even though a permit was issued to construct this building, that doesn't preclude the city from holding up future permits on the same structure until this (newly discovered) property line issue is resolved? Is this not reminiscent of cases where the local agency is reluctant to grant a COC for a parcel which has been issued a "permit for development", when they are required to per SMA 66499.35(c). A way of preventing 'double jeopardy'.
I take it the critical difference is that the current case concerns permits granted to develop mere "assessor's lots", not separate parcels of 'real property'. Now that the construction over the property line has been discovered, it must be rectified before any more permits may be issued?
Thank you for your input.
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goodgps
- Posts: 644
- Joined: Fri Jan 04, 2008 7:32 pm
- Location: Modesto, Ca
Re: COC on APN?
I am not sure if what I'm about to suggest has been covered as I cannot view the wording in the blue shaded areas.
For these, many other Assessment issues, I find it best to go to the assessor with as much information as possible. Speak with them.
Sometimes assessor's staff is interrupted by customers at the counter. Although they often do a great job on the Plats, errors can occur.
The assessor will have a "property history" chart. This chart will show deed transfer information as well as LLA or other information about
the subject property. Some assessor's share this information with Licensed Land Surveyors others wont. Should the assessor insist that the Plat linework is correct via a document they have (but wont share the recording number) Have the property owner visit the assessor. The assessor will share information with the owner.
Assessor's office as well as the Recorders Office is a great resource for research.
Best wishes !!
For these, many other Assessment issues, I find it best to go to the assessor with as much information as possible. Speak with them.
Sometimes assessor's staff is interrupted by customers at the counter. Although they often do a great job on the Plats, errors can occur.
The assessor will have a "property history" chart. This chart will show deed transfer information as well as LLA or other information about
the subject property. Some assessor's share this information with Licensed Land Surveyors others wont. Should the assessor insist that the Plat linework is correct via a document they have (but wont share the recording number) Have the property owner visit the assessor. The assessor will share information with the owner.
Assessor's office as well as the Recorders Office is a great resource for research.
Best wishes !!