§ 120.76

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)