Certificate of Compliance


Engineering Division
300 N. Coast Hwy – Oceanside CA 92054
Phone: (760) 435-4373
E-Mail: engineeringstaff@ci.oceanside.ca.us
Fax: (760) 435-4374

Map Act prohibits the sale, lease, or financing of any parcel or commencement of construction, except for model homes, on any parcel of real property which a map is required before the map is filed, (Gov’t Code §66499.30). A Certificate of Compliance determines only whether the property conforms to the provisions and requirements of the Subdivision Map Act and the local subdivision ordinances. They do not grant any right to develop the parcel.

The City can withhold permits and approvals necessary to develop any property that has been divided in violation of the Map Act after making the necessary finding that the development is contrary to the public health or public safety, Gov’t Code §66499.34.

A Certificate of Compliance, as defined by the Subdivision Map Act, may be filed with the City of Oceanside. When such a request is made, the City must issue a Certificate of Compliance or Conditional Certificate of Compliance.

For more information please scroll down to associated titles.

Submittal Requirements

No building permit shall be issued for development on any lot included in the Lot Line Adjustment prior to recordation of deeds, COC and receiving the copy of recorded documents by the City.  Once all documents are recorded the Owner/Developer is responsible to make sure the electronic file and/or copy of all recorded documents are sent to the associated plan checker in the Engineering Division. Once the City receives the recorded copies the process will be deemed complete and building permit may be issued.

Application

Application (Page 1): The application must be filled out completely. Please describe the reason why COC is needed and include a brief history on how the lots were created. The owner’s name(s) have to appear exactly as it is shown on the record deed (Title). The record owner(s), including Trustee(s) of Trust(s), etc. of all parcels involved must sign the application form before a Notary Public and attach California all purpose certificate of acknowledgment. Include the assessor’s parcel number for each parcel.

Check List and Information Sheet (Page 2): This page should be filled completely with; contact information for all the involved parties, zoning, existing and proposed lot coverage and density to help the plan checker with the review process. Planning Department will review and verify this information.

Criteria For Filing 

An application for a Certificate of Compliance may be filed for the following:

  • Approved Lot Line Adjustment.
  •  Grant of waiver of Parcel Map.
  • Parcels created before November 10, 1956 as provided for by section 66412.6 of the Subdivision Map Act. (November 10, 1956 is the date of adoption of ordinance No. 946 regulating the division of land in the City of Oceanside)
  • Parcels or units of land affected by the provisions of section 66499.34 and 66499.35, of the Subdivision Map Act.
Procedure
  1. Interested parties should meet with a member of the Planning Division to determine whether the proposed development complies with all applicable State and City Laws, Ordinances and Regulations.The owner(s) should determine zoning requirements, setback requirements, minimum lot size requirements, vehicular access routes and lot coverage governing their parcel.
  2. The applicant shall prepare the applicable forms and exhibits required for submittal and attach all required items. Please note that an incomplete application will not be accepted. The legal owner(s) of the parcel(s) involved will be responsible for the accuracy of all information submitted in connection with this application.
  3. Once a completed application has been filed and fees paid the project is assigned to a plan checker to review all the supporting documents for completeness and technical accuracy. A copy of all documents will be distributed to Utility Department and Planning Division for review and comments. All comments/corrections if any will be forwarded to the Engineer/Surveyor of record. Original approved documents shall have applicable signatures and notary certifications attached.

NOTE: The following chart shows the requirement per the Subdivision Map Act for the acceptance and approval of a Certificate of Compliance.

CERTIFICATE OF COMPLIANCE FLOW CHART

Cetificate of compliance flow chart

Upon approval the executed Certificate of Compliance will be signed by the City Engineer. The applicant’s Title Company shall arrange for the Certificate of Compliance and Pro-forma grant deed(s) to be recorded concurrently/sequentially with the San Diego County Recorder’s Office. The applicant is responsible for providing the City with a conformed copy of the recorded documents.

Application

Application (Page 1): The application must be filled out completely. Please describe the reason why COC is needed and include a brief history on how the lots were created. The owner’s name(s) have to appear exactly as it is shown on the record deed (Title). The record owner(s), including Trustee(s) of Trust(s), etc. of all parcels involved must sign the application form before a Notary Public and attach California all purpose certificate of acknowledgment. Include the assessor’s parcel number for each parcel.

Check List and Information Sheet (Page 2):

This page should be filled completely with; contact information for all the involved parties, zoning, existing and proposed lot coverage and density to help the plan checker with the review process. Planning Department will review and verify this information.An application for a Certificate of Compliance may be filed for the following:

Certificate of Compliance (COC)

Certificate of Compliance form includes exhibits “A” & “B”

Certificate of Compliance (COC) shall be prepared in a standard form as set forth by the City. The owner’s name(s) and title have to appear exactly as it is shown on the record deed. After the approval of the LLA and before recordation, the record owner(s), including Trustee(s) of Trust(s), etc. of all parcels involved must sign the form before a Notary Public and attach California all purpose certificate of acknowledgment. Include the assessor’s parcel number and reference to the legal description of the existing lots to be adjusted for each parcel.

Exhibit “A”- COC Legal Description

Legal descriptions of every NEW ADJUSTED PARCEL(S) being certified shall be typed on the body of COC form or attached as Exhibit “A”. The legal description must be signed and sealed by a registered surveyor/engineer, licensed in the State of California. The legal description should be written clockwise and labeled new.

Exhibit “B” – Certificate of compliance Map

The map must be drawn in black ink on the 8 1/2” X 11” City standard form.The map must be clear and readable. Following minimum information must be provided on the map (additional information may be required).

  1. Map scale, north arrow, line type legend, vicinity map, index map for large parcels.
  2. The location of the project site in relation to the existing streets, adjoining lots, alleys, water bodies and distance from the nearest cross street. Right-of-way widths and street names.
  3. The existing and proposed lot layout. Labeling each boundary line with the reference that established that line. Sufficient dimension and record boundaries so as to define and establish the boundary of the subject property. Use heavy solid line to depict proposed boundaries, light solid line for existing lot lines to remain, light dashed lines for existing lot lines to be removed and smaller dashed lines for easements.
  4. The adjusted parcel shall be lettered or numbered consecutively in a manner that there will be no confusion with the original lots or parcel numbers (Show in a darker, bolder text, i.e. Parcel 1).
  5. Existing lot numbers, reference to the recorded documents that established the existing lots of the project site, adjoining lots and existing easements.
  6. Gross area before and after adjustment to the nearest one tenth of an acre. Show the net area when there are easements that restrict the surface use of the property, such as vehicular access easements (Net area is gross area minus easement area).
  7. Signature, seal of the surveyor and the date that plan was prepared.
  8. APN-Assessor’s Parcel Number for each lot
  9. Project/File number (PLA number assigned by City), sheet number and City title block with owner and engineer block filled out.
  10. The following statement shall be added if applicable:
    Monuments will be set within 90 days along the adjusted lot corners, and a Record of Survey or Corner Record will be filled if required by Section 8762 of Business and professional Code. Gov’t Code § 66412(d); Ops. Cal. Atty. Gen. 231(1994).
Exhibit "C" (Site Map)

This map is for reference only and will not be recorded. The intent for the map is to show the existing condition of the site. Additional information may be necessary to verify compliance with adopted City ordinances and other regulations. This information should be submitted on a map labeled Site Map on a 8.5”X 11” sheet. If the site is very large the site map may be submitted on 24”X 36” sheet.

The map will include but will not be limited to the following:

  • The location and width of all easements or right-of-ways (private or public). Indicate the parties having vested interest in the easement.
  • The location and dimension of any above or underground structures on site (walls, retaining walls, , buildings, garages, fences, drives, utilities, sewer lateral, light poles, wells, septic tanks, leach fields, pools etc.). Dimension distance from existing structures to the nearest lot line. Show footprint of nearest building on the adjoining lots affected by lot line adjustment. If no structures on lot please label “Vacant”.
  • Existing contour/topography no more than 10 foot intervals. The location of areas subject to flood or inundation by one hundred year flood, floodway.
  • The location and name of surface water within 100 feet and direction of flow of any natural or improved drainage paths, lakes, ponds, pipe lines, swales.
  • Required set back lines.
  • A statement of the existing zoning and the proposed use of created lots.
  • Location of existing access to the public right-of-way. Show any right-of-way access relinquishment.
Standard Grant Deed for Certified Parcels 

Please provide standard grant deeds for the certified parcels to be recorded concurrently with COC.

Title Report

A preliminary Title Report (Not more than 30 days old) covering every parcel included in the certificate of compliance. Copy of Vesting Grant Deed(s) if title to the property changed from the date title report was processed.

Traverse Calculations

Provide traverse calculations for all lots being certified.

Chain of Title/Lot Creation History

You need to provide chain of title and information as to how this lot was originally created and who owned it at the time of creation. Copy of vesting deed(s) must be submitted for each lot when it was first created and when the present owner acquired title for each parcel being adjusted in the COC.

Assessor’s Map

A copy of the most recent assessors map book page(s) covering the entire site and adjoining lots.

Vesting Deeds and Reference Documents

A copy of each; map, easement, record of survey or any other document that will be necessary to establish boundary lines and review the re-tracing shall be submitted. Submit a working copy of the record of survey or corner record if applicable (See section 8762d of the Business and Professions Code). A copy of all vesting deeds must also be submitted.

Record Of Survey (ROS)

Submit a working copy of the record of survey or corner record per Sections 8762 and 8771 of the Business and Professions Code when applicable. Please check http://www.leginfo.ca.gov for more information.

Recording Instructions

The applicant/surveyor/engineer of record shall provide the City with a letter containing recording instruction and name and contact information of the Title Company assigned for recordation of the above documents.

The following information should be included:

  1. Name of the Title Company
  2. Title Officer name, address and phone number,
  3. Order number
  4. Detailed instructions, of step by step, on how to record the Lot Line Adjustment/Certificate of Compliance and all attached deeds.
  5. Instruction to title company to provide the city with electronic copy of all recorded documents.

All documents must be recorded concurrently in the following order:

  • Certificate of Compliance
  • Deed(s) for the certified parcel(s)