Santa Barbara County Municipal Code Div. 13 Certificates of Compliance and Conditional Certificates of Compliance

A. Certificates of Compliance. This division provides procedures for the filing, processing, and approval or denial of applications for certificates of compliance, consistent with the requirements of chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

B. Conditional Certificates of Compliance. This division provides procedures for the filing, processing, and approval, approval with conditions or denial of applications for conditional certificates of compliance, consistent with the policies and standards of the Comprehensive Plan, the Local Coastal Program, article II and sections 35-1 and 35-2 of chapter 35, Zoning, of the County Code (the coastal zoning ordinance, the county land use and development code and the Montecito Land Use and Development Code), including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

(Ord. No. 4805, § 6, 10-18-2011)

A. Certificates of Compliance. A certificate of compliance is a document recorded by the county recorder which acknowledges that the real property which is the subject of the application for the certificate of compliance is considered by the county to have been created in accordance with state law and local ordinance at the time of its creation.

B. Conditional Certificates of Compliance. A conditional certificate of compliance is used instead of a certificate of compliance to validate real property which is the subject of the application for the conditional certificate of compliance that was not legally subdivided or that is a remainder of a subdivision of land by a government agency.

(1) Applications for conditional certificates of compliance shall also be processed in compliance with the requirements of section 21-32A, Agricultural Buffers, of division 5, Subdivision Standards and Principles, of article I, Subdivisions, of this chapter.

(Ord. No. 4805, § 6, 10-18-2011; Ord. No. 4854, § 5, 4-16-2013)

A. Who May Apply. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance or conditional certificate of compliance.

1. Certificate of Compliance. An application for a certificate of compliance shall be filed with the county surveyor.

2. Conditional Certificate of Compliance. Upon the county surveyor's determination that the certificate to be recorded is required to be a conditional certificate of compliance, an application for a conditional certificate of compliance shall be filed with the planning and development department.

B. Contents of Application.

1. Certificate of Compliance. An application for a certificate of compliance shall be filed on a county surveyor's office application form, together with required fees and/or deposits, and all other information and materials as identified in the county surveyor's office application for a certificate of compliance.

2. Conditional Certificate of Compliance. An application for a conditional certificate of compliance shall be filed with the planning and development department in compliance with the following:

a. Application Contents. Each application for a conditional certificate of compliance together with required fees and/or deposits, shall be filed with the planning director on a planning and development department application form, together with required fees and/or deposits, and all other information and materials as identified in the planning and development department application for the conditional certificate of compliance. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the planning director.

b. Application Fees.

(1) Timing of Payment. Required fees and/or deposits shall be paid at the time of filing the application with the planning director and no processing shall commence until the fee/deposit is paid.

(2) Refunds and Withdrawals. The required application fees and/or deposits cover county costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the planning director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

c. Filing and Acceptance of an Application. An application is considered to be filed after it has been accepted for processing by the planning and development department and required fees and/or deposits have been paid. The planning director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The planning director's acceptance of an application for processing shall be based on the planning and development department's required application contents (see subsection B.2.a, above).

d. Special Provisions for Applications in Compliance with California Government Code Section 65943.

(1) Notification of Applicant. Within thirty calendar days of either the initial application filing or subsequent filings after a determination of application incompleteness has been made, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Incomplete letter, shall be provided.

(2) Appeal of Determination. After an initial determination of application incompleteness, where the planning director has determined for a second or additional time that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the planning director is not required, the applicant may appeal the planning director's determination within the ten calendar days following the determination to the planning commission. The applicant may appeal the planning commission's action on the appeal within the ten calendar days following the final action by the planning commission.

(3) Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness or incompleteness shall occur. The time available to an applicant for submittal of additional information is limited by subsection B.2.d.(4) (Expiration of application), below.

(4) Expiration of Application.

(a) If an applicant fails to provide the additional information specified in the planning director's letter within ninety days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the county.

(b) The planning director may grant one ninety-day extension.

(c) After the expiration of an application, future county consideration shall require the submittal of a new, complete application and associated fees.

(5) Environmental Information. After an application has been accepted as complete, the planning director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the requirements of the California Environmental Quality Act Guidelines.

e. Referral of Application. At the discretion of the planning director, or where otherwise required by this chapter, the county code, or state or federal law, an application may be referred to any county department or public agency that may be affected by or have an interest in the application.

f. Right of Entry/Inspection. Every applicant seeking a conditional certificate of compliance in compliance with this chapter shall allow county staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.

g. Coastal Development Permit Requirement.

(1) If an application for a conditional certificate of compliance is submitted for property located in the coastal zone, then an application for a coastal development permit shall also be submitted and shall be processed concurrently and in conjunction with the conditional certificate of compliance application except as follows:

(a) The coastal commission is the decision-maker for the coastal development permit when the real property is located either within the retained permit jurisdiction of the coastal commission in compliance with Public Resources Code Section 30519(b) or in areas where the county's local coastal program has not been certified by the coastal commission.

(b) The application for the coastal development permit shall be submitted and processed in compliance with Section 35.82.050 of section 35-1, the County Land Use and Development Code, of the County Code, or Section 35.472.050 of section 35-2, the Montecito Land Use and Development Code, of the County Code, as applicable depending on the location of the property for which the conditional certificate of compliance is applied for.

(Ord. No. 4805, § 6, 10-18-2011)

A. In General. After receipt of an application for a certificate of compliance, the county surveyor shall review all available information and determine whether the real property was divided in compliance with chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application. The determination of the county surveyor is final subject to appeal in compliance with section 21-71.4 (Appeals).

B. Certificates of Compliance. If the county surveyor determines that the real property was divided in compliance with subsection A. above, then the county surveyor shall cause the certificate of compliance to be filed for record with the county recorder in compliance with subsection E. below.

C. Conditional Certificates of Compliance.

1. If the county surveyor determines that the real property was not divided in compliance with subsection A. above, then the county surveyor shall direct that an application for a conditional certificate of compliance to be filed with the planning and development department.

(a) The county surveyor shall also prepare a written analysis that will serve as the basis for processing of a conditional certificate of compliance. The analysis shall include:

(1) A description of the history of the land division.

(2) The reason the property was not legally divided or, in the case of remainders created by transfers to a government agency, the legal status of the property at the time of the transfer together with the date of that transfer.

(3) References to provisions of state law and county ordinances applicable to the subdivision at the time the division or parcel creation in question occurred.

2. After receipt of an application for a conditional certificate of compliance, the planning and development department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3. The planning and development department shall refer the application for a conditional certificate of compliance to the subdivision/development review committee for review and recommendation to the decision-maker.

4. The decision-maker shall hold at least one noticed public hearing on the requested conditional certificate of compliance and coastal development permit, if applicable, and either approve or conditionally approve the request.

5. The action of the decision-maker is final subject to appeal in compliance with section 21-71.4 (Appeals).

6. At the time that the conditional certificate of compliance is approved or conditionally approved, the decision-maker may impose conditions as provided by subsection D. (Conditions of approval), below.

D. Conditions of Approval.

1. Owners are Original Subdividers. If the owners of the real property for which a conditional certificate of compliance is being recorded are the original subdividers, then the decision-maker, in compliance with the Subdivision Map Act, may impose any conditions that would be applicable to a current subdivision of the property, regardless of when the property was divided.

2. Owners are Not Original Subdividers. If the owners of the real property for which a conditional certificate of compliance is being recorded had no responsibility or are not "successors in interest" of the subdivision that created the real property, then the decision-maker may only impose conditions that would have been applicable to the subdivision at the time the real property was acquired by the current owners.

3. Compliance with Conditions. Compliance with these conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the county.

E. Completion of Process.

1. Certificate of Compliance. The county surveyor shall file for record a certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the division complies with chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable.

2. Conditional Certificate of Compliance. Following expiration of the applicable appeal period of the final action by the decision-maker, the county surveyor shall file for record a conditional certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions adopted in compliance with subsection D. above, shall be required before subsequent issuance of a permit or other approval for the development of the property.

F. Effective Date of Certificate. A certificate of compliance or conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.

(Ord. No. 4805, § 6, 10-18-2011)