§ 21.60

This chapter supplements those provisions of Sections 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act pertaining to notices of violation and certificates of compliance.

(Ord. 11665 § 70 (part), 1978: Ord. 4478 Art. 13 § 325, 1945.)

The director of planning is authorized to make all required determinations on certificates of compliance and notices of violations.

(Ord. 11665 § 70 (part), 1978: Ord. 4478 Art. 13 § 326, 1945.)

Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the director of planning. Application for issuance of a certificate of compliance shall be made in writing on a standardized form provided by the director. The director may require the submission of such supporting information as he deems necessary to determine compliance. All submissions shall be legible and readily reproducible.

(Ord. 84-0237 § 1, 1984; Ord. 11726 § 1, 1978: Ord. 4478 Art. 13 § 328, 1945.)

21.60.030 - Certificate of Compliance—For Undersized Parcels.

Where a certificate of compliance has been issued for a parcel of less than required area that was created prior to March 4, 1972, the owner may request:

A.

A review by the director, pursuant to Chapter 22.226 (Type I Review—Ministerial) of this Code, to determine satisfaction of the following criteria:

1.

The parcel of land has frontage on a road as specified by Part 4 of Chapter 21.24, except for flag lots as specified in Section 21.24.320, and

2.

The parcel of land is served by public sewer, or it is of sufficient size to provide for satisfactory on-site sewage disposal for the land use intended, and

3.

The width of the parcel of land will be as required by Part 4 of Chapter 21.24, and

4.

The setbacks of the underlying zone will be adhered to, unless a modification has been received pursuant to Section 22.110.190 (Modifications Authorized), and

5.

There is sufficient area available on the parcel of land to provide automobile storage for the land use intended, as required by Chapter 22.112 (Parking), and

6.

The parcel of land has adequate fire flow and hydrant spacing as required by Section 20.16.060, and

The owner of the parcel of land does not own any contiguous lots or parcels of land; or

B.

Approval of a variance pursuant to Chapter 22.194 (Variances).

(Ord. 2022-0029 § 23, 2022; Ord. 84-0237 § 2, 1984.)

21.60.050 - Appeals.

A.

A property owner dissatisfied with an action of the director of planning on a certificate of compliance or notice of violation may appeal to the regional planning commission. In the case of certificates of compliance, a vendee of real property pursuant to a contract of sale may also appeal to the commission.

B.

All appeals shall be submitted and acted upon in the manner prescribed in Section 66452.5 of the Government Code.

C.

Fees. Upon filing an appeal the appellant shall pay a processing fee as required in subsection B of Section 21.56.020 of this title.

(Ord. 91-0101 § 9, 1991; Ord. 11665 § 70 (part), 1978: Ord. 4478 Art. 13 § 327, 1945.)

A.

Any county official having knowledge of a possible violation of the provisions of the Subdivision Map Act or of this Title 21 shall direct such information to the director of planning.

B.

If the director of planning, either on his own initiative or upon investigation of information received from another county official or any other interested person, determines that real property has been divided in violation of the Subdivision Map Act or of this title, he shall initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act.

(Ord. 11665 § 70 (part), 1978: Ord. 4478 Art. 13 § 340, 1945.)

The Director shall impose a condition that a coastal development permit be obtained in accordance with Chapter 22.56 (Coastal Development Permits) of this Code for a certificate of compliance that meets the following criteria:

A.

The real property lies within the boundaries of the coastal zone, as defined in Section 30103 of the Public Resources Code;

B.

The division of property occurred after December 31, 1976;

C.

The conditional certificate of compliance would be issued pursuant to Section 66499.35(b) of the Government Code.

(Ord. 2022-0029 § 24, 2022; Ord. 89-0147 § 6, 1989.)

Chapter 21.62 - SUBDIVISION FILING FEES AND DEPOSITS