Chapter 16.31 — CERTIFICATES OF COMPLIANCE

A.

The purpose of this chapter is to provide a voluntary procedure for issuance of certificates of compliance where parcels have been sold, leased, or financed in reasonable reliance upon the then-existing law and customary practices in Tehama County. This chapter does not require any person to request or obtain a certificate of compliance, and does not limit the issuance of certificates of compliance under any other ordinance or statute.

B.

This chapter provides the process and standards for issuance of two types of certificates of compliance: "Tier 1" for those parcels whose eligibility for a certificate of compliance may be determined based upon a streamlined checklist, without requiring a hearing by the technical advisory committee, and "Tier 2" for parcels requiring individualized consideration by the committee.

(Ord. No. 2039, § 4, 4-18-2017)

16.31.020 - Certificate of compliance application and process.

A.

Any person owning real property, or a vendee of that person pursuant to a contract of sale, may file an application for a certificate of compliance under this chapter.

B.

The application shall be submitted to the planning department on a county form approved by the director of planning. The applicant shall submit documentation satisfactory to the director demonstrating that they are the owner or vendee of the real property, and that the property meets one of the criteria set forth in this chapter. The director shall permanently retain a copy of all such documentation.

C.

Each complete application shall be reviewed to determine if the real property meets the criteria for issuance of one or more Tier 1 certificates of compliance under Sections 16.31.030 and 16.31.040.

D.

If the real property does not meet the criteria for issuance of a Tier 1 certificate, the applicant shall be informed, and shall have the option to have the application processed for a Tier 2 certificate of compliance under Section 16.31.050.

(Ord. No. 2039, § 4, 4-18-2017)

16.31.030 - Eligibility requirements for Tier 1 certificate of compliance.

A.

The following real property shall not require a certificate of compliance, but an unconditional Tier 1 certificate of compliance may be issued under this chapter upon request of the owner or vendee of the property:

1.

Any parcel created by a deed or patent executed and recorded prior to March 4, 1972, unless the deed or patent was prohibited by an applicable statute or ordinance at the time of creation. This subdivision shall apply even if the parcel thus created was subsequently included, in its entirety, within a larger conveyance.

2.

Any parcel created by a subdivision map, parcel map, or parcel map waiver duly approved and recorded under the Subdivision Map Act of 1929 (Statues 1929, chapter 837, effective August 14, 1929) or any successor statute.

3.

Any parcel conveyed in fee to or from a governmental agency, public entity, or public utility, or conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way. This subdivision shall

not apply if, prior to the conveyance, the county notified the governmental agency, public entity, or public utility that a parcel map will be required pursuant to Section 66248 of the Government Code.

4.

Any parcel recognized by a duly approved and recorded certificate of compliance at any time for which the applicable statute of limitations has expired.

5.

Any parcel reflected in a final lot line adjustment approval duly issued and recorded by the director of planning consistent with the authority granted by Ordinance No. 1733, on or after September 22, 2000.

6.

Any parcel reflected in a final lot line adjustment or merger approval duly issued and recorded by the technical advisory committee, planning commission, or board of supervisors, at any time.

B.

A Tier 1 certificate of compliance may also be issued under this chapter with respect to any of the following real property, in accordance with the terms stated in Section 16.31.040, subdivision (b):

1.

Any parcel created by a deed or deed of trust executed and recorded, at any time, in favor of a bona fide purchaser or encumbrancer for value, provided that the parcel thus created was depicted on a subdivision map approved and recorded prior to the Subdivision Map Act of 1929 (Statues 1929, chapter 837), or on an approved lot line adjustment, and was conveyed by deed or deed of trust separately from contiguous property, and further provided that the current owner of the property acquired the parcel without actual or constructive notice of any potential noncompliance with the Subdivision Map Act.

2.

Any portion of a preexisting legal parcel remaining after a conveyance of fee title to part of that parcel to a governmental agency, public entity, or public utility. In the event that the government or utility acquisition physically divides two or more remainder portions of the same parcel, the director of planning shall determine whether each portion is entitled to receive a separate certificate of compliance in accordance with the criteria set forth in California Attorney General Opinion Nos. CV 78-31 (June 20, 1978) and 01-615 (May 15, 2003).

(Ord. No. 2039, § 4, 4-18-2017)

16.31.040 - Issuance of Tier 1 certificate of compliance.

A.

If the director of planning determines that a parcel for which the Tier 1 certificate of compliance is sought meets one of the criteria set forth in Section 16.31.030, subdivision (a), they may forthwith issue a Tier 1 certificate under this chapter. Such certificates are issued without any further requirements.

B.

The director of planning, with the concurrence of the county surveyor, may issue a Tier 1 certificate for property described in Section 16.31.030, subdivision (b). Such certificates are issued pursuant to Government Code section 66499.35, subdivision (b), with appropriate requirements as determined by the director in accordance with the limitations set forth in that statute, provided that no more than the following requirements, if any, may be prescribed:

1.

An encroachment permit may be required for any existing unpermitted encroachments into a county rightof-way.

2.

Permits may be required for any unpermitted wells and onsite sewage disposal systems.

3.

Road frontage improvements meeting the adopted standards at the time the parcel was created may be required.

C.

The applicant shall have the option to fulfill the requirements prescribed by the director of planning prior to final issuance of the Tier 1 certificate of compliance, and in the event such requirements are fulfilled prior to the issuance of the certificate, the certificate shall be deemed unconditional, and the issued certificate shall reflect that the property may be sold, leased, or financed without further action by the applicant.

D.

The decision of the director of planning upon an application for a Tier 1 certificate shall be in writing, and may be appealed pursuant to Chapter 16.36 of the Tehama County Code in the same manner as an action of the technical advisory committee. Absent appeal, the decision of the director of planning shall become final and conclusive.

(Ord. No. 2039, § 4, 4-18-2017)

16.31.050 - Process for Tier 2 certificate of compliance.

A.

If the applicant elects to have the application processed for a Tier 2 certificate of compliance, the applicant shall submit any additional or supplemental information which the director of planning or technical advisory committee determines is reasonably necessary to determine whether to approve a Tier 2 certificate under this chapter. The director shall permanently retain a copy of all such documentation.

B.

The board of supervisors may, by resolution, establish a fee for certificates of compliance issued under this chapter, provided that no fee shall be charged for an application to recognize a parcel described in a lot line adjustment application approved by any county officer at any time. The board may, for good cause, reduce or waive any fee established for a certificate of compliance on a case-by-case basis, upon finding that such reduction or waiver serves the public purposes of the County of Tehama. Any recording fees shall be the responsibility of the applicant.

C.

Upon receipt of a complete application for a Tier 2 certificate, the director of planning shall schedule a hearing before the technical advisory committee, and shall provide notice of the hearing by U.S. mail to the owners of all property located within one thousand feet of the exterior boundaries of the property for which the Tier 2 certificate is requested. The notice shall state that the technical advisory committee will make a decision on the application and that any person notified may attend the hearing or may submit written comments no later than the time of the hearing.

D.

The technical advisory committee shall consider each application on a case-by-case basis, and may issue a Tier 2 certificate for any other parcel(s) that may legally be recognized based upon any other criteria consistent with the Subdivision Map Act, provided that issuance of a certificate does not present any risk to the health, safety, or welfare of the citizens of the County of Tehama. This may include, but is not limited to, parcels "approved for development" as set forth in Government Code section 66499.34.

E.

All Tier 2 certificates of compliance are issued pursuant to Government Code section 66499.35, subdivision (b), with appropriate requirements as determined by the technical advisory committee in accordance with that statute.

F.

The decision of the Technical Advisory Committee shall be in writing, and may be appealed pursuant to Chapter 16.36 of the Tehama County Code. Absent appeal, the decision of the committee shall become final and conclusive.

(Ord. No. 2039, § 4, 4-18-2017)

The denial of a Tier 1 or Tier 2 certificate of compliance under this Chapter shall not prejudice any subsequent application for a certificate of compliance under any other provision of the Subdivision Map Act or the Tehama County Code.

(Ord. No. 2039, § 4, 4-18-2017)

Chapter 16.32 - EXCEPTIONS

Sections: