Mono County Municipal Code Ch. 17.50 Certificates of Compliance

This chapter is intended to establish procedures for processing of requests for certificates of compliance and/or conditional certificates of compliance made pursuant to Section 66499.35 of the California Government Code.

(Ord. 98-03 § 1 (part), 1998.)

As used in this chapter:

A. "Certificate of compliance" means evidence of a formal determination by Mono County of whether certain real property in the county complies with the California Subdivision Map Act (Government Code Section 66410 et seq.) and county ordinances enacted pursuant thereto, recorded by the county in response to a request for such a determination made pursuant to Government Code Section 66499.35.

B. "Conditional certificate of compliance" means a certificate of compliance setting forth conditions that must be satisfied before the real property that is the subject of the certificate will be deemed by Mono County to comply with the California Subdivision Map Act and/or county ordinances enacted pursuant thereto.

C. "Land development technical advisory committee" means the committee described in Section 19.01.700 of the Mono County Code.

(Ord. 98-03 § 1 (part), 1998.)

The land development technical advisory committee shall have the authority to determine on behalf of Mono County whether real property in the county complies with the California Subdivision Map Act and/or county ordinances enacted pursuant thereto and to issue certificates of compliance or conditional certificates of compliance in accordance with Government Code Section 66499.35. The conditional certificate of compliance shall, to the extent permitted by Section 66499.35, set forth any and all conditions whose satisfaction is necessary before the real property that is the subject of the certificate shall be deemed to comply with the California Subdivision Map Act and any county ordinances enacted pursuant thereto.

(Ord. 98-03 § 1 (part), 1998.)

Applications for certificates of compliance shall be submitted to the land development technical advisory committee on forms developed by that committee along with the appropriate processing fee for such applications duly established by county ordinance or resolution. The committee may also require any additional information that it deems necessary in order to make a determination of compliance pursuant to this chapter. The applicant shall be notified of any committee meeting at which the application will be considered and shall be given an opportunity to be heard at that meeting before the committee makes a final determination on the application. The applicant may appeal any final determination of the committee to the planning commission. The appeal shall be filed and processed within the same time limits and shall be subject to the same procedures and requirements as set forth for decisions regarding tentative maps in Section 66410 et seq. of the Government Code, including the payment of any fee duly established by county ordinance or resolution for the processing of such appeals. The planning commission may approve or modify the committee's determination in any respect, including the addition or subtraction of any conditions to granting the certificate of compliance.

(Ord. 98-03 § 1 (part), 1998.)

To the extent required by Government Code Section 66499.35 or other applicable provision of state law, the final compliance determination of the land development technical advisory committee, or the final decision-making body in the event a committee determination is timely appealed, shall be memorialized in a certificate of compliance or conditional certificate of compliance. The form of such certificates shall be developed by the committee in consultation with the county counsel and shall, at a minimum, include any provisions required by Government Code Section 66499.35. The certificate shall be signed by the committee chairman or, in the case of a timely appeal, by the chair of the final decision-making body. The committee, or final decision-making body in the event of a timely appeal, shall thereafter cause the certificate, to be filed for record on behalf of Mono County with the county recorder.

(Ord. 98-03 § 1 (part), 1998.)