Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
______________________________________________________________________________
Application/CC-Permit/April 2018 Page 1 of 6
APPLICATION FOR A CERTIFICATE OF COMPLIANCE
OR CONDITIONAL CERTIFICATE OF COMPLIANCE
NOTE: Before hiring a Licensed Surveyor and/or paying fees for this application, the Zoning and Building Counter
Staff can answer questions about any future development and building permits. A recorded Certificate of Compliance
does not guarantee building permits can be issued, OR that any access to the parcel is available or can be
constructed. After the County records the Certificate of Compliance the parcel(s) is acknowledged as complying with
the Subdivision Map Act and City of Oakland Ordinance Title 16, Section 16.04.090. Any future development of the
Parcel(s) will require separate applications, approvals, permits, design and construction plans. The Zoning and
Building Counters are located on the Second Floor.
Complete all information below. All legal descriptions and plats shall be prepared and signed by a qualified
Registered Civil Engineer or Land Surveyor pursuant to the Professional Land Surveyor’s Act.*
Site Address / Property for Certificate
Assessor’s Parcel Number(s) / List All
Owner(s) Names / On Vesting Deed(s)
Owner’s Telephone Owner’s Email
Owner’s Mailing Address City, State, Zip
Representative’s Name
(If not Owner or L.S.* / Engineer)
Rep’s Agency
Representative’s Telephone Rep’s Email
Surveyor’s Name
License Number*
Surveyor’s Telephone Surveyor’s Email
Surveyor’s Business Address City, State, Zip
APPLICANT & OWNER(S) HAVE READ AND ACKNOWLEDGES THE FOLLOWING:
1) Review will not begin until initial FEES have been PAID in full and electronic copies (pdf) emailed to
dotpermits@oaklandnet.com. NOTE: This is a “No Reply” email address. Do NOT email questions.
2) No Refunds will be authorized after the application is entered into the City’s permitting system
(Accela).
3) Additional information may be required depending on the complexity of the project. Applicant is
responsible for preparing and submitting any information requested to complete the City’s review.
4) Plan Check Engineer (PCE) will notify the Applicant when the plat exhibits and legal descriptions are
approved by the City Surveyor.
5) Applicant will be invoiced for staff hours beyond the initial six (6) hours per the City’s current Master
Fee Schedule. See “How fees are calculated” for CC-Permits.
6) All fees must be paid in Accela prior to the final Certificate being signed and notarized by the City
Engineer. In accordance with the Subdivision Map Act a Notice of Violation will be filed for the subject
property if the application is withdrawn or applicant fails to pay balance of any fees owed.
Applicant’s Signature
(This is the Owner or Owner’s Authorized Representative)
____
________________________ Date ________
THIS BOX FOR OFFICE USE ONLY
Application Fees Paid?
Yes___ No___
Submittal Checklist Attached?
Yes___ No___
ENGINEER (PCE) ASSIGNED:
Print name and title under signature(s)
ROUTED:
City Surveyor
____
Other: ___________
click to sign
signature
click to edit
DEPARTMENT OF TRANSPORTATION
ENGINEERING SERVICES4
TH
FLOOR
_____________________________________________________________________________________________
Application/CC-Permit/April. 2018 Page 2 of 6
SUBMITTAL REQUIREMENTS / CHECKLIST
Item Description
Quantity /
Amount
Check
1
Preliminary Title Report (No older than 6 months)
1 copy
Yes ___ No ___
2
Current Grant Deed with Legal Description
1 copy
of Each
Yes ___ No ___
3
Assessor’s Parcel Map (11” x 17” must be legible)
1 copy
Yes ___ No ___
4
CHAIN OF TITLE
Prepared by Title Officer or Surveyor
(See 4a. through 4d. below.)
2 copies
Yes ___ No ___
4a.
A “Summary of the Creation” of subject parcel(s) is required.
Must include the date the parcel(s) were created and identify by what action.
The creation date is used to determine laws in effect when subdivision occurred.
4b.
“Chronological List” of the parcel(s) history.
Beginning with date of creation (parent) parcel progressing through current vesting is
required.
4c.
Copies of all “Deeds” listed in the chain of title.
Include any supporting documentation such as recorded maps, lot splits, mergers, or
other legal documents, parole evidence, as supportive to the legality of the subject
parcel(s).
4d.
“Parcel Depictions”
Sketches of all the different configurations of the property that are listed in the chain of
title.
5
LEGAL DESCRIPTION and PLAT
(Exhibits A and B)
(See 5a. through 5c. below.)
2 copies
Yes ___ No ___
5a.
Typical Plat Information: north arrow, scale, vicinity map, area in square feet, all
easement, lot lines, abutting property information, basis of bearing, abutting streets,
alleys, centerlines, right-of-way, and widths, lot numbers, subdivision recordation dates,
all bearings and distances.
5b.
Closure Calculations: shall verify all descriptions. Indicate degree of accuracy.
5c.
Exhibits: Wet stamped and Signed by the Engineer/Surveyor seal must be on the final,
City approved, Exhibit A - Legal Description(s) and Exhibit B - Plat(s) to be recorded with
Certificate.
6
Site Plan Show, label and dimension: proposed and
existing easements, rights-of-way, public or private,
access roads, storm drainage, sewers, existing buildings
and setbacks.
2 copies
Yes ___ No ___
7
See “How Fees Are Calculated” on page 6. Agree additional
Engineering Staff time fees will be Invoiced and must be paid in full
prior to the Certificate being signed by the City Engineer.
Yes ___ No ___
8
REQUIRED - electronic (pdf) submittal. Email documents or link to
download to: dotpermits@oaklandnet.com
NOTE: This is a “No Reply” email address. Do NOT email questions.
Yes ___ No ___
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
______________________________________________________________________________
FAQ’s/CC-Permit/April 2018 Page 3 of 6
Frequently Asked Questions FAQ’s
for a Certificate of Compliance (CC)
1. What is a Certificate of Compliance?
Answer: The California Subdivision Map Act, Section 66499.35 of the Government Code allows
for a Certificate of Compliance or Conditional Certificate of Compliance to be recorded. If a
division of land complied with the State and Local Laws at the time of the division a Certificate
of Compliance may be recorded.
If the division of land did not comply than a Conditional Certificate of Compliance may be
recorded. After the Certificate with accompanying parcel legal description is recorded it certifies
that the parcel of land complies with the Subdivision Map Act and Local Laws. The parcel is than
acknowledged as being a legally created parcel. However, it does not guarantee that the parcel
can be developed or further subdivided.
2. What is a Conditional Certificate of Compliance?
Answer: When it is determined the parcel or parcels were created in violation of the Subdivision
Map Act or the City’s Subdivision Code, then conditions are imposed to correct the violations.
For example, buildings are not permitted to be constructed across lot lines. In a review of a
Certificate of Compliance application it is discovered that an existing building was constructed
across the property lot lines. A condition of the Conditional Certificate of Compliance could be
to require the Applicant to obtain either a lot line adjustment, a demolition permit or building
moving permit to correct the violation of the existing structure across the property lot line.
3. Who reviews my Certificate of Compliance application?
Answer: A Staff Engineer is assigned to review the project application. The Engineer prepares the
Certificate of Compliance or Conditional Certificate of Compliance. Application documents are
routed to the City Surveyor. The Certificate is routed to the City Engineer for final review, approval
and signature.
In special circumstances the City Planner or the City Attorney may also be required to review and
approve the Certificate. If the property lies across another City boundary the Certificate must be
reviewed and approved by the neighboring jurisdiction. All Reviewers comments must be
addressed before the Certificate is signed by the City Engineer and sent to be recorded at the
Alameda County Recorder’s Office.
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
______________________________________________________________________________
FAQ’s/CC-Permit/April 2018 Page 4 of 6
4. How long will it take to get my Certificate of Compliance recorded?
Answer: Actual time varies on a case by case basis. The more detailed and complex the historical
land creation, the number of transfers of ownerships, deeds and boundary descriptions the longer
it takes to review. When a Conditional Certificate of Compliance is necessary review by the City
Attorney’s office may also be required. On average City’s Staff time to process common
applications takes about ninety (90) to one-hundred eighty (180) days. The Applicant and their
Surveyor’s response time is additional time that cannot be estimated by the City. Airspace, three
dimensional legal descriptions, requires more time to review and may require additional outside
consultant peer review to be paid for by the Applicant.
5. Can I obtain a Building Permit after my Certificate is recorded?
Answer: While the Certificate allows for financing, leasing or sale of the parcel it does not
guarantee it complies with any Zoning Ordinance, Building Code or any other law or ordinance.
The parcel or parcels may not have a legal means of access or availability to connect to existing
public services. To be a buildable parcel it must meet the current Zoning Ordinances and the
design of proposed structures must meet the Building codes. Applicants should discuss building
permit concerns at the second floor Planning, Zoning, and Building Department permit counters.
6. What is a “Notice of Intent” Letter andNotice of Violation” Recorded Document?
Answer: When it becomes known that a parcel was created illegally the owner is provided will be
sent a “Notice of Intent” letter. The owner upon receipt of the Notice of Intent may apply for a
Conditional Certificate of Compliance. If the Conditional Certificate of Compliance is not
recorded a “Notice of Violation” will be recorded with the Alameda County Recorder’s Office.
The Notice of Violation document notifies the owner and subsequent owners that the parcel was
created in violation of the Subdivision Map Act and Local Laws.
7. What happens if the CC Permit application expires OR fee balance is not paid?
Answer: After review of the CC Permit application submittal documents if it is found that the
parcel or parcels were created illegally AND the CC Permit application expires, the Applicant will
first be sent the Notice of Intent letter. Consequently, the Notice of Violationwill be filed
with the Alameda County Recorder’s office. Also see Question #6 above.
Permit applications automatically expire in Accela, the City’s permitting system, at 180 days when
there is no activity. To ensure CC Permit application does not inadvertently expire applicants are
expected to email the Staff Engineer every 4 to 6 weeks with an update on their progress, or to
inquire about the City’s review. Applicants should promptly pay additional fees owed to the
Cashier’s office on the Second Floor. Payments are entered into Accela and verified by the Staff
Engineer before the City Engineer signs the Certificate.
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
______________________________________________________________________________
STEPS/CC-Permit/April 2018 Page 5 of 6
WHAT ARE THE STEPS TO OBTAIN A CC PERMIT - CERTIFICATE OF
COMPLIANCE OR CONDITIONAL CERTIFICATE OF COMPLIANCE?
Days in parenthesis are City’s time average working days
Typical Start to End time is 4 to 8 months
Applicant’s time to be added to the above
Applicant submits Certificate of Compliance Application with related documents
Staff creates permit number CC in Accela and Invoices Applicant
Applicant pays initial CC Permit fees to the 2
nd
Floor Cashier’s Office
Optional Schedule Meeting
(1 to 3 Days)
Permit Tracking System
Verify fees paid in Accela
Staff Engineer assigned
Engineer reviews documents
(1 to 3 Days)
All Plat(s) and Exhibit(s)
Ready to Record
Engineer Notifies Applicant
For Incomplete appl. or additional Items:
Fees not been paid
Chain of Title has gaps
Title Report is older than 6 months
Exhibits or Plats are incomplete
City Attorney review & approval (if needed)
(Determined by Applicant)
Application Complete?
(3 to 5 Days)
Engineering Services Review & Route to City Surveyor
Engineer routes to City Surveyor for review and comments
Engineer emails Applicant with any review comments OR approval
Expect 1 to 3 rounds of resubmittal comments on average
(20 to 35 Days each review)
Engineer Informs
Applicant
(1 to 3 Days)
YES
NO
YES
NO
Applicant
Resubmits
Applicant
Resubmits
Certificate (or Conditional) Certificate of Compliance Prepared by City
Accela invoice emailed to applicant for additional Staff hours beyond initial six (6) hours
Certificate is prepared by Engineer with final review and approval by City Surveyor
Verify all fees paid by Applicant in Accela, Certificate signed and notarized by City Engineer
Staff Engineer routes ORIGINAL Certificate to Alameda County Recorder’s Office
(30 to 60 Days)
START
END
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank Ogawa Plaza, Oakland, California 94612
____________________________________________________________________________________
FEES/CC-Permit/April 2018 Page 6 of 6
HOW ARE CC PERMIT - CERTIFICATE OF COMPLIANCE
OR CONDITIONSL CERTIFICATE OF COMPLIANCE FEES CALCULATED?
The fees for a CC Permit Certificate of Compliance or Conditional Certificate of Compliance are
calculated based upon the approved Oakland Master Fee Schedule. Applicants should budget a
minimum amount of three-thousand six hundred dollars $3,600.00 for each CC Permit since these
permit applications normally require additional staff time and meetings with the applicants to clear
missing information in the chain of title.
Most CC Permit applications will require more than six (6) hours to complete. The Applicant must
pay all invoiced amounts owed before the City Engineer signs the Certificate. On average, an
additional twelve to forty (12 to 40) hours may be required to complete the Certificate. Questions
about additional City time and invoices should be directed to the Staff Engineer assigned the CC
Permit application.
ENGINEERING
CERTIFICATE OF COMPLIANCE
No.
Description
Amount **
1
For Work Through Six Hours
1,311.00
Certificate
2
For Work After Six Hours
190.00
Hour or Fraction of
ENGINEER PERMIT APPLICATION REVIEW
No.
Description
Amount **
1
Regular Working Hours
174.00
Hour or Fraction of
2
Outside of Regular Working Hours
262.00
Hour or Fraction of
Outside of Regular Working Hours rates apply when the Applicant has signs an Overtime / OT
application with their CC-Permit application and the Engineer assigned has pre-authorization by
their Supervisor to work overtime on the specific CC-Permit. Submittal of an OT application does
not guarantee any review or permit processing will be completed within a specified or shorter
timeframe than normally required to process a typical CC-Permit.
ADMINISTRATIVE ** Non-Refundable per Master Fee Schedule added to all permits
1
Filing Fee
13.00
Each Permit
2
Application Fee
57.00
Each Permit
3
Record Management and Technology Fee
14.75%
Permit Total
MEETINGS
All meetings are invoiced as additional City time. Meeting in person often provides a much better
understanding of the full scope of the CC Permit application and the results the Applicant may
expect. Applicants along with their Consultants, Land Surveyor and/or Title Officer are
recommended to request an initial in person meeting with the Staff Engineer particularly when the
application under review is unclear or very complex. For any “Air-Space Parcel(s)” a minimum of
2 meetings is required. Follow up meetings are recommended to ensure City comments were
fully satisfied and for questions or concerns about any conditions. Generally, meetings save
everyone a lot of time and effort in preparing and recording the Certificate. To schedule a meeting
the Applicant should email their request with their availability to the Staff Engineer.