Chapter 120.70 — SEGREGATION OF SPECIAL ASSESSMENTS

Sec. 120.70.010. - Election of alternative procedure for division of land and bond for assessment proceedings conducted by the County.

All assessment proceedings conducted by the County, in which bonds have been issued under the Improvement Bond Act of 1915, shall be governed by the provisions of Part 10.5 of Division 10 of the Streets and Highways Code (commencing with Streets and Highways Code § 8740). As used therein, the term "Street Superintendent" shall be deemed, under the authority of Streets and Highways Code § 8507, to refer to the Director of Transportation.

(Code 1997, § 16.70.010; Ord. No. 4123, § 1(part), 1990; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.70.020. - Prerequisites for the filing of parcel or final subdivision maps or merger maps or lot line adjustments—Duties of Treasurer/Tax Collector.

No parcel map, final subdivision map or a map effecting a merger of parcels or the reconfiguration of a parcel or parcels shall be accepted for filing by the County Recorder's office unless such filing has been approved in writing by the County Treasurer/Tax Collector's office. The County Treasurer/Tax Collector shall not approve the filing of the map until the Treasurer/Tax Collector has determined that the owner or subdivider has complied with the provisions of Government Code § 66493(a) and, where applicable, Government Code § 66493(b). The Treasurer/Tax Collector may prescribe a fee for this service which shall not exceed the reasonable cost thereof.

(Code 1997, § 16.70.020; Ord. No. 4123, § 1(part), 1990)

Sec. 120.70.030. - Same—Duties of Auditor/Controller.

No parcel map, final subdivision map or a map effecting a merger of parcels or the reconfiguration of a parcel or parcels shall be accepted for filing by the County Recorder's office unless such filing has been approved in writing by the County Auditor/Controller's office. The County Auditor/Controller shall not approve the filing of the map until the Auditor/Controller has determined that the owner or subdivider has complied with the provisions of Government Code § 66493(c) or (d). The Auditor/Controller may prescribe a fee for this service which shall not exceed the reasonable cost thereof.

(Code 1997, § 16.70.030; Ord. No. 4123, § 1(part), 1990)

CHAPTER 120.72. - AMENDING OF FINAL MAPS

Sec. 120.72.010. - Citation and authority.

The ordinance from which this chapter is derived is enacted pursuant to the authority granted by Chapter 3 of Division 2, Title 7, of the Government Code, commencing with Government Code § 66472.1.

(Code 1997, § 16.72.010; Ord. No. 4151, § 2(part), 1991)

Sec. 120.72.020. - Purpose and intent.

A.

It is the purpose of this chapter to establish procedures necessary for the implementation of Government Code § 66472.1, which provides for the modification of recorded final and parcel maps pursuant to the Subdivision Map Act.

B.

Regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Code 1997, § 16.72.020; Ord. No. 4151, § 2(part), 1991)

Sec. 120.72.030. - Application.

This chapter shall apply to all residential, commercial and industrial developments for which a final map or a parcel map is required to be filed in the office of the County Recorder pursuant to the Subdivision Map Act.

(Code 1997, § 16.72.030; Ord. No. 4151, § 2(part), 1991)

Sec. 120.72.040. - Findings required.

In addition to those amendments authorized by Government Code § 66469, a final map or a parcel map which has been recorded in the office of the County Recorder may be modified by a certificate of correction or amending map upon the approving authority's (of the original tentative map) determination that the following findings can be made concerning the modification:

A.

That there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary.

B.

That the modifications proposed did not impose any additional burden on the present fee owner of the property.

C.

That the modifications proposed do not alter any right, title or interest in the real property reflected in the recorded map.

D.

That the map as modified conforms to the provisions of Government Code § 66474.

(Code 1997, § 16.72.040; Ord. No. 4151, § 2(part), 1991)

Sec. 120.72.050. - Hearing.

Any modifications made pursuant to this chapter shall be set for public hearing as provided for herein and in Government Code § 66451.3. Issues in such hearing shall be confined to consideration of and action on the proposed modification.

(Code 1997, § 16.72.050; Ord. No. 4151, § 2(part), 1991)

Sec. 120.72.060. - Fees.

Upon a request for modification made pursuant to this chapter, the applicant shall pay the fees as adopted by the County from time to time for the filing and processing of the modification.

(Code 1997, § 16.72.060; Ord. No. 4151, § 2(part), 1991)

CHAPTER 120.74. - EXPIRATION OF APPROVED MAPS

Sec. 120.74.010. - Title and scope of chapter.

This chapter shall be known as the Expiration of Approved Maps Ordinance and it governs all land use maps approved or conditionally approved by the County under subparts I, II, and III of this title.

(Code 1997, § 16.74.010; Ord. No. 4448, 1997

Sec. 120.74.020. - Expiration period of approved or conditionally approved maps.

A.

The approval or conditional approval of a tentative map shall expire within the timeframe from the date of approval by the approving authority as set forth below:

1.

36 months for a tentative map;

2.

36 months for a tentative parcel map;

3.

24 months for a vesting tentative map or a vesting tentative parcel map.

B.

The expiration date of an approved tentative map may be extended as authorized in Government Code § 66452.6(a).

C.

The period of time specified in Subsection A of this section shall not include any period of time during which a development moratorium is in existence, as defined in Government Code § 66452.6(f), pursuant to Government Code § 66452.6(b).

D.

The period of time specified in Subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the Planning Commission. After service of the initial petition or complaint upon the court, the subdivider shall, in writing, to the Director of Planning and Building, request a stay of the time period of the tentative map. Within 40 days after receiving the request, the Planning Commission shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Planning Commission shall, within ten working days, render its decision. The subdivider or any interested person may appeal the action of the Planning Commission on the stay to the Board of Supervisors in accordance with Section 120.24.075.

(Code 1997, § 16.74.020; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.74.030. - Extension of time for approved or conditionally approved maps.

A.

Request by subdivider. The subdivider may request up to six one-year extensions of the expiration date of the approved or conditionally approved tentative map, as allowed by Government Code §§ 66452.6(e) and § 66463.5, by written application to the Department of Planning and Building. The subdivider may request more than one time extension at a time, up to the maximum allowed by this subsection or a development agreement applicable to the map for which the extension request is filed, but in no event shall the total time extension requested exceed six

years. Each application shall be filed before the approved or conditionally approved tentative map expires and shall state the reasons for requesting the extension.

B.

Action on extension request. The Department shall review the request and submit the application for the extension, together with a report, to the approving authority for approval, conditional approval, or denial. A copy of the Department's report shall be forwarded to the subdivider prior to the approving authority meeting on the extension. In approving, conditionally approving, or denying the request for extension, the approving authority shall make findings supporting its decision, including findings with respect to the potential impact of any increases in applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.

C.

Appeal of extension. The subdivider or any interested person adversely affected may appeal any action of the approving authority on the extension to the Board of Supervisors in accordance with Section 120.24.075. Any such appeal shall be filed within 15 working days after the action by the approving authority. If the Board does not act within the time limits set forth in Section 120.24.075, the extension shall be deemed to have been approved, or conditionally approved or denied consistent with the action as approved by the approving authority, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this title, this Code, and the general plan.

(Code 1997, § 16.74.030; Ord. No. 4448, 1997; Ord. No. 4960, § 1(16.74.030), 5-17-2011; Ord. No. 5051, § 2, 4- 18-2017)

CHAPTER 120.76. - CERTIFICATE OF COMPLIANCE

Sec. 120.76.010. - Title.

This chapter shall be known and cited as the County Certificate of Compliance Ordinance.

(Code 1997, § 16.76.010; Ord. No. 4632, 5-20-2003)

Sec. 120.76.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate of compliance means a document issued pursuant to Government Code § 66499.35 and recorded in the County Recorder's office that states the subject parcel of land was lawfully created (unconditional), or if unlawfully created, which contains conditions which if satisfied by the owner shall legitimize the parcel (conditional). A certificate of compliance does not grant development rights. Development rights are only obtained when permits or grants of approval for development are issued.

Parcel creation. A parcel is created by the recording of a written document that describes the parcel. The County Assessor cannot create a parcel.

Parcel creation date means, except for those parcels created prior to March 4, 1972, the date the document was recorded is the date the parcel was created. To determine if a parcel was created prior to March 4, 1972, the notary's acknowledgment date as shown on the recorded document may be used as the creation date.

Permit or grant of approval for development means any permit or grant of approval for development issued from or by the County to any applicant on any parcel of land, including, but not limited to, the following list:

1.

Any permit issued by the County Building Department, including all ancillary permits.

2.

Any permit issued by the County Department of Transportation, including all ancillary permits.

3.

Any permit issued by the County Department of Environmental Management, including all ancillary permits.

Remainder means a parcel as defined in Government Code § 66424.6.

(Code 1997, § 16.76.020; Ord. No. 4632, 5-20-2003; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.76.030. - Purpose.

Pursuant to Section 66499.35 of the Subdivision Map Act, any owner of a parcel of land may request the local agency to determine if their parcel complies with the Subdivision Map Act and any local ordinance enacted pursuant thereto. This chapter sets forth the standards that County staff will use to determine if the parcel complies with the Subdivision Map Act and local ordinances.

(Code 1997, § 16.76.030; Ord. No. 4632, 5-20-2003)

Sec. 120.76.040. - Scope.

This chapter shall govern the process and the issuance of unconditional certificates and conditional certificates of compliance for certain parcels created without the benefit of the filing of a parcel map or final map.

(Code 1997, § 16.76.040; Ord. No. 4632, 5-20-2003)

Sec. 120.76.050. - Conditions of approval.

The Subdivision Map Act requires conditional certificates of compliance be issued on certain types of parcels which were created in violation of the Subdivision Map Act. A local agency may impose any conditions that would have been applicable to the division of the property at the time the current owner acquired his or her interest, except that where the current owner was involved in the initial land division violation, then the local agency may impose any conditions that would be applicable to a current division of the property.

(Code 1997, § 16.76.050; Ord. No. 4632, 5-20-2003)

Sec. 120.76.060. - Process.

All applications for certificates of compliance shall be submitted to the County Surveyor for initial review. The Surveyor will determine if he or she is able to process the application within the provisions set forth in this chapter. The Surveyor is authorized to issue unconditional or conditional certificates of compliance only based upon the circumstances which are specifically authorized in this chapter. The Surveyor will forward all other applications to the Department of Planning and Building for further processing.

(Code 1997, § 16.76.060; Ord. No. 4632, 5-20-2003; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.76.070. - Unconditional certificates of compliance issued by Surveyor.

The County Surveyor is authorized to issue unconditional certificates of compliance only on parcels that meet any one of the four following criteria:

A.

The parcel is one of less than five parcels created by the same owner from the original parcel prior to March 4, 1972.

B.

The parcel is the result of a division which created parcels of 40 acres or larger, or is not less than a quarter of a quarter section, created prior to March 4, 1972.

C.

The parcel is a final or parcel map remainder created prior to January 1, 1980.

D.

The parcel was created in violation of the Subdivision Map Act or local ordinance and subsequently issued any permit or grant of approval for development.

(Code 1997, § 16.76.070; Ord. No. 4632, 5-20-2003)

Sec. 120.76.080. - Conditional certificates of compliance issued by Surveyor.

The County Surveyor is additionally authorized to issue conditional certificates of compliance for parcels that meet any one of the three following criteria:

A.

The parcel was one of five or more parcels created by the same owner from the original parcel prior to March 4, 1972.

B.

The parcel was created by a gift deed or grant deed with zero transfer tax between the dates of March 4, 1972, and October 10, 1983, where fewer than five parcels were created by the same owner from the original parcel.

C.

The parcel was the result of a division which created parcels 40 acres or larger or not less than a quarter of a quarter section created after March 4, 1972, and prior to January 7, 1992, where fewer than five parcels were created by the same owner from the original parcel.

Any parcel that meets the criteria as cited in criteria set forth in Subsection A, B or C of this section shall be issued a conditional certificate of compliance with the following condition imposed: The owner of this parcel either prior to or concurrently with obtaining any permit or grant of approval for development shall comply with all fire safe regulations that are enforced now or in the future by the County Building Department.

(Code 1997, § 16.76.080; Ord. No. 4632, 5-20-2003)

Sec. 120.76.090. - Certificates of compliance issued by Department of Planning and Building.

The Department of Planning and Building is authorized to process, issue and record unconditional certificates and conditional certificates of compliance for parcels created after March 4, 1972, that meet any of the following creation test statements of fact:

A.

The parcel was created by gift deed where more than four parcels were created by the same owner from the same original parcel.

B.

The parcel sold for delinquent taxes owed.

C.

The parcel is a final or parcel map remainder created after December 31, 1979.

D.

The parcel was created by a court partition.

E.

The parcel was created as a result of a conveyance to or from a governmental agency or public entity, under Subdivision Map Act Section 66428a.2.

F.

The parcel was created by foreclosure.

G.

The parcel is any other parcel created without the benefit of a parcel or final map that has not been specifically cited in this chapter.

The Department of Planning and Building is authorized based upon the circumstances involved in the creation of the parcel to issue an unconditional certificate or conditional certificate of compliance. In addition, the Department of Planning and Building has the authority to determine if a public hearing will be required and what conditions as authorized by the Subdivision Map Act, if any, should be attached to the conditional certificate of compliance. The public notice requirements for a certificate of compliance issued by the Department of Planning and Building are set forth below in Table 120.76.090 (Public Notice Requirements—Certificate of Compliance).

Table 120.76.090.1. Public Notice Requirements—Certificate of Compliance

(Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5128, § 4, 9-1-2020)

Editor's note— Ord. No. 5051, § 2, adopted Apr. 18, 2017, amended § 120.76.090 to read as herein set out. Former § 120.76.090 pertained to certificates of compliance issued by Development Services Division of the Community Development Agency and derived from Code 1997, § 16.76.090 and Ord. No. 4632, adopted May 20, 2003.

Sec. 120.76.100. - Fees.

A fee established by resolution of the Board of Supervisors will be paid to the County Surveyor or the Department of Planning and Building along with completed certificate of compliance application.

(Code 1997, § 16.76.100; Ord. No. 4632, 5-20-2003; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.76.110. - Appeals.

Decisions made by the County Surveyor, Director of Planning and Building, Zoning Administrator or Planning Commission may be appealed to the Board of Supervisors. Appeals must be filed with the appropriate department with an appeal fee payment. If an appeal is made, the matter will be heard at a public hearing of the Board of Supervisors.

(Code 1997, § 16.76.110; Ord. No. 4632, 5-20-2003; Ord. No. 5051, § 2, 4-18-2017)