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A certificate of compliance may be recorded as provided in this section:

A. Any person owning real property within the City of Berkeley may request the director of planning to determine whether such real property complies with the provisions of this title and the Subdivision Map Act.

B. Upon making such determination, the Director of Planning shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the City of Berkeley Municipal Code and the Subdivision Map Act.

C. If the Director of Planning determines that such real property does not comply with the provisions of the municipal code or Subdivision Map Act, they may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by ordinance. Upon making such a determination and establishing such conditions the Director of Planning shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

E. A fee shall be paid to the City of Berkeley in accordance with the current master fee schedule, for making the determination and processing the certificate of compliance, at the time this determination is requested. (Ord. 5793-NS § 2 (part), 1987)