Calaveras County Municipal Code Ch. 16.28 Certificates of Compliance

A. Any person owning real property in the county may request a certificate of compliance from the county surveyor. Such certificate shall be issued only if the surveyor finds that the subject parcel was created in compliance with Map Act, the General Plan, and zoning and subdivision ordinances in effect at the time the instrument creating the parcel was recorded in the county recorder's office.

B. If the county surveyor finds that the property was not created in compliance with the requirements set forth in subsection A above, he shall notify the planning director and seek a review for compliance:

1. Within ten days of notification from the surveyor, the planning director shall submit in writing to the county surveyor those conditions that must be met to bring said property into compliance with the General Plan and zoning and subdivision ordinances.

2. Conditions of compliance may include, but are not limited to:

a. Requirements to meet the sewage disposal and potable water source requirements for parcels of the same or similar size in the same zoning district. This may include, when required by the zoning ordinance, requirements for connections to public water or public sanitary districts;

b. Payments of fees or dedication of land to mitigate the property's proportional impact on the school district in which it is located;

c. Improvements to meet the fire prevention/ suppression requirements of the county, or fire protection district in which the property is located;

d. Improvement to roads, dedication of easements, or other actions necessary for compliance with the county road ordinance;

e. Payment of fees or dedication of property to a park and recreation district pursuant to Chapter 16.24 of this title;

f. Dedication of public access to streams, waterways, rivers or lakes as required by Chapter 16.26 of this title;

g. Any other such conditions necessary to meet the requirements of this title, the zoning ordinance, and the General Plan.

C. Following receipt of conditions from the planning director, the county surveyor shall issue a conditional certificate of compliance including all of the conditions recommended by the planning director.

D. Failure of the planning director to submit the conditions within ten days of the receipt of request shall be deemed to mean that there are no conditions necessary for compliance.

(Ord. 1523 § 1(part), 1982).

(§ 66499.33)

All certificates of compliance shall be recorded with the county recorder.

(Ord. 1523 § 1(part), 1982).

(§ 66499.35(d))

All parcel maps and final maps prepared in compliance with the requirements of this title shall be considered certificates of compliance pursuant to Section 16.28.020A of this chapter.

(Ord. 1523 § 1(part), 1982).

(§ 66499.34)

No development, building, grading, or septic system permits shall be issued or considered valid by the county if the property for which the permit is sought is found not to be in compliance with the general plan, zoning or subdivision ordinances, or if found by the planning director to be contrary to the public health or safety.

A. The authority to deny such a permit or approval shall apply whether the applicant is the owner of record at the time of the violation of the Map Act or this title, or the current owner of record, or agent for the owner of record, or a vendee of the owner pursuant to a contract of sale, lease or other means of conveyance. The provisions of this section shall apply whether or not the applicant had or has actual or constructive knowledge of the violation.

B. The planning director may conditionally issue such a permit if he finds that the subdivision would have been in compliance with the general plan and the zoning and subdivision ordinances at the time of creation. Said conditions are limited to those conditions that would have been imposed at the time of creation.

C. If the applicant for a development permit or approval is the original owner of record of parcels or lots not created in compliance with the title, or if the applicant has interest in contiguous real property that was also created without compliance to this title, the conditions imposed by the planning director shall be those that would be imposed on a division of land under the current general plan, zoning and subdivision ordinances.

D. If a conditional certificate of compliance was issued pursuant to this chapter, the conditions of said certificate shall take precedence over the provisions of this section.

E. If a certificate of compliance was issued pursuant to this chapter, this section shall take precedence over the provisions of Section 16.28.40.

(Ord. 1523 § 1(part), 1982).