Article 14 — Certificates of Compliance and Conditional Certificates of Compliance

8214-0 - Applicability.

If a lot is created in compliance with, or is otherwise deemed in compliance with, the subdivision laws, the lot qualifies for a certificate of compliance. A certificate of compliance authorizes the sale, leasing, or financing of the subject lot without further compliance with the subdivision laws. However, although a lot is in compliance with the subdivision laws, development of the lot may first require the issuance of a permit(s) or other grants of approval, as well as compliance with other applicable laws and regulations including, but not limited to, the Zoning Ordinances, General Plan and Ventura County Improvement Standards and Specifications.

(Ord. No. 4566, § 1, 6-16-2020)

8214-1 - Designated advisory agency.

The County Surveyor is the designated advisory agency for certificates of compliance and conditional certificates of compliance under this Article.

(Ord. No. 4566, § 1, 6-16-2020)

8214-2 - Recorded maps, deeds, and certificates that constitute a certificate of compliance.

The maps and instruments listed below constitute a certificate of compliance in and of themselves and do not require the issuance of a separate certificate of compliance pursuant to Section 8214-3 below.

(Ord. No. 4566, § 1, 6-16-2020)

8214-2.1 - Maps.

A recorded final map, parcel map, or other official map prepared in compliance with Government Code sections 66499.52(b) and 66499.35(e) shall constitute a certificate of compliance with respect to the lots described therein.

(Ord. No. 4566, § 1, 6-16-2020)

8214-2.2 - Deeds reflecting a lot line adjustment.

The deed(s) recorded to effectuate a lot line adjustment pursuant to Article 9 or the applicable subdivision law in effect when the deed was recorded shall constitute a certificate of compliance.

(Ord. No. 4566, § 1, 6-16-2020)

8214-2.3 - Certificates of voluntary merger.

A certificate of voluntary merger recorded pursuant to Article 10 or the applicable subdivision law in effect when the deed was recorded shall constitute a certificate of compliance.

(Ord. No. 4566, § 1, 6-16-2020)

8214-3 - Lots entitled to the issuance of a certificate of compliance.

A lot is in compliance with the subdivision laws and entitled to a certificate of compliance, upon submission of a completed application and fee in accordance with the Board-adopted Fee Schedule, in any of the following circumstances:

(Ord. No. 4566, § 1, 6-16-2020)

8214-3.1 - Lots qualifying for a certificate of compliance due to approval for development.

Pursuant to Government Code section 66499.34, a lot which was not created in compliance with the subdivision laws, but that has been "approved for development," is entitled to a certificate of compliance. The circumstances under which a lot is deemed to have been "approved for development" are:

a.

A lot for which either a County discretionary or ministerial permit (e.g., a conditional use permit, planned development permit, building permit, or zoning clearance) has been issued, or approval has otherwise been granted by the County, authorizing development and/or use of the lot, and the development was completed and/or the use was inaugurated in reliance upon the permit, including, but not limited to, the following:

Construction of a principal building;

Construction of an accessory building when there is an existing principal building on the same lot; or

Construction of an addition to a principal or accessory building that adds gross floor area to the building.

b.

A lot on which improvements were completed before a permit or grant of approval was required for said improvements under a County ordinance. (See Gov. Code § 66499.34.)

c.

A lot on which improvements were completed in reliance on a permit or grant of approval. (See Gov. Code § 66499.34.)

(Ord. No. 4566, § 1, 6-16-2020)

8214-3.1.1 - Lots not qualifying for a certificate of compliance due to approval for development.

The circumstances under which a lot is not deemed to have been "approved for development" include, but are not limited to, permits or approvals issued or granted:

a.

To primarily address health, safety, or utility issues such as authorizing a water well, electrical work, fire clearance, or fencing;

b.

To demolish a building or structure;

c.

To conduct grading activities;

d.

To remedy a zoning ordinance or building code violation that exists on the lot;

e.

To a lessee of the property or an easement holder in furtherance of their leasehold or easement rights so long as the lease or easement is in compliance with or exempt from the subdivision laws. Examples include, but are not limited to, permits authorizing: mineral, oil, or gas operations pursuant to an exempt lease under Government Code section 66412(b); a water well for agricultural purposes pursuant to an exempt lease of agricultural land; a wireless communication facility pursuant to an exempt lease with a telephone corporation under Government Code section 66412(j); or a wind powered electrical generation device pursuant to an exempt lease under Government Code section 66412(i); or

f.

Regarding development allowed as a matter of right for which no County discretionary or ministerial permit or approval (e.g., conditional use permit, planned development permit, building permit, or zoning clearance) was required.

(Ord. No. 4566, § 1, 6-16-2020)

8214-3.2 - Lots created in compliance with or exempt from earlier subdivision laws.

A lot created in compliance with or exempt from earlier subdivision laws or other laws regulating the design and improvement of subdivisions in effect at the time the subdivision was established shall be entitled to a certificate of compliance. (See Gov. Code, §§ 66499.30(d) and 66412.6.)

(Ord. No. 4566, § 1, 6-16-2020)

8214-3.3 - Lots created by governmental conveyance.

A lot created by land conveyed to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way is entitled to a certificate of compliance, unless the County determines in an individual case, based upon substantial evidence that public policy necessitates a parcel map. (See Gov. Code §§ 66426.5 and 66428). For purposes of this Section 8214-3.3, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license. If a portion of an existing lot (parent parcel) is acquired by a governmental agency, then the portion of the lot acquired by the governmental agency shall be entitled to a certificate of compliance. If the parent parcel prior to the governmental acquisition of a portion thereof is a legal lot, then the remaining portion of the legal lot shall also be entitled to a certificate of compliance, but only in the remaining portion's reconfigured boundary. In other words, even if the governmental acquisition physically severs the lot into two (2) or more portions (e.g., land is acquired for a public road across the parent parcel), the reconfigured remaining portions constitute only one (1) lot entitled to one (1) certificate of compliance (e.g., the parent parcel split by land acquired for a public road does not consist of two (2) new lots). If the parent parcel prior to the governmental acquisition of a portion thereof is an illegal lot, then the remaining portion not acquired by the governmental agency shall remain an illegal lot.

(Ord. No. 4566, § 1, 6-16-2020)

8214-3.4 - Lots created by property tax default sale.

A parcel of real property conveyed by tax deed to a purchaser pursuant to a tax sale by or on behalf of the Ventura County Treasurer- Tax Collector in accordance with Part 6 of the Revenue and Taxation Code to recover defaulted property taxes or assessments shall be entitled to the same type of certificate (i.e., a certificate of compliance or a conditional certificate of compliance) as would be issued for the entire tax-deeded parcel under this Chapter, unless otherwise provided by state law.

(Ord. No. 4566, § 1, 6-16-2020)

8214-4 - Real property not qualified for a certificate of compliance.

Notwithstanding Section 8214-3.2 of this Chapter, an application for a certificate of compliance shall not be issued in certain circumstances, including, but not limited to, the following:

a.

No certificate may be issued for a portion of a lot; and

b.

No certificate may be issued where the effect of issuing a certificate would be to effectively subdivide the property without complying with the subdivision laws.

(Ord. No. 4566, § 1, 6-16-2020)

8214-5 - Application for and approval of a certificate of compliance.

a.

Any person owning a lot in the unincorporated area, or a vendee of that person pursuant to a contract of sale of the lot, may file an application for a certificate of compliance with the County Surveyor. No application shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form, the required information prescribed by the forms supplied by the County Surveyor; and is accompanied by the appropriate fees.

b.

The County Surveyor, or designee, shall review the application and public records to determine whether or not the lot complies with the subdivision laws.

c.

The applicant shall provide any additional documentation or information requested by the County Surveyor that is needed to make the compliance determination.

(Ord. No. 4566, § 1, 6-16-2020)

8214-5.1 - Approval of application for a certificate of compliance.

If the lot is determined to be in compliance with the subdivision laws, the application shall be approved and the County Surveyor, or designee, shall cause a certificate of compliance to be filed for record in the Office of the County Recorder after the payment of all required fees in accordance with the Board-adopted Fee Schedule.

(Ord. No. 4566, § 1, 6-16-2020)

8214-5.2 - Denial of application for a certificate of compliance.

If a lot is determined to have been divided in violation of the subdivision laws, the applicant shall be so advised in a notice of intention to record a notice of violation—illegal subdivision (notice of intention) stating the violation(s) of the subdivision laws and all other provisions required by Government Code section 66499.36, as set forth in Section 8217-6.1 of this Chapter. The Notice of Intention shall include the option to file an application for a conditional certificate of compliance in accordance with Section 8214-8 of this Chapter or proceed with enforcement procedures described in Sections 8217-6 et seq. of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8214-5.2.1 - Appeal of denial of application for a certificate of compliance.

The denial of an application for a certificate of compliance may be appealed by submitting a completed appeal form to the County Surveyor's Office within fifteen (15) days of the date of the mailing of the notice of intent to record a notice of violation. A public hearing on the appeal shall be held in accordance with Sections 8217-6.2 et seq. of this Chapter. If the appeal is denied by the appeal board, the County Surveyor shall record the notice of violation in the Office of the County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of violation to all successors in interest in such property.

(Ord. No. 4566, § 1, 6-16-2020)

8214-5.2.2 - Advisory agency for appeal of denial of application for a certificate of compliance.

The designated advisory agency for an appeal of the denial of a certificate of compliance shall be the same as described in Section 8217-6.2 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8214-6 - Content of certificate of compliance or conditional certificate of compliance.

A certificate of compliance or conditional certificate of compliance shall include the information required in Government Code section 66499.35(f)(1).

(Ord. No. 4566, § 1, 6-16-2020)

8214-7 - Multiple certificates of compliance or conditional certificates of compliance.

Applications for certificates of compliance or conditional certificates of compliance for multiple parcels may be processed concurrently and may be recorded as a single certificate of compliance or a single conditional certificate of compliance. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple lots, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each lot. (Gov. Code, § 66499.35(f)(2).)

(Ord. No. 4566, § 1, 6-16-2020)

8214-8 - Conditional certificate of compliance.

A conditional certificate of compliance is not a land use entitlement, permit, or approval. Rather, a conditional certificate of compliance is a recorded notice stating that although the lot was not created in compliance with the subdivision laws, it may be sold, leased, or financed only. The certificate also provides notice that no permit or grant of approval for development on the lot shall be issued until the lot is brought into compliance with the subdivision laws, unless the permit or entitlement for development is issued or granted approval for development as described in Section 8214-3.1.1.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.1 - Application.

Any person owning a lot in the unincorporated area, or a vendee of that person pursuant to a contract of sale of the lot, may file an application for a conditional certificate of compliance with the Planning Division. No application shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form, the required information prescribed by the forms supplied by the Planning Division; and is accompanied by the appropriate fees. Issuance and recordation of a conditional certificate of compliance are ministerial actions.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.2 - Conditions that may be imposed to comply with subdivision laws. 8214-8.2.1 - Tentative map as a remedy.

The Planning Director shall determine the conditions required to bring the illegal lot into compliance with the subdivision laws in order to allow development. Depending on the circumstances of the illegal subdivision, the illegal lot may be brought into compliance with the subdivision laws by the lot owner(s) by applying for and processing a tentative map and recording either a parcel map or final map. If an illegal lot does comply with the minimum lot size then the illegal lot may need to be merged with another lot, have its lot lines adjusted or be subject to another action pursuant to this Chapter in order to be brought into compliance. Specific conditions to development of the lot(s) will be imposed during the processing of the tentative map.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.2.1.1 - Subsequent acquisition of illegal lot.

If the illegal subdivider is not the current owner of record of the lot(s) created by the illegal subdivision, subdivision conditions may be imposed that would have been applicable to the division of the property at the time the interest in the lot was acquired by the current owner and that had been established at that time by the subdivision laws. If a conditional certificate of compliance has been recorded, then the subdivision laws in effect on the date that the current owner of record identified in the recorded conditional certificate of compliance took title to the illegal lot shall be applied to establish the subdivision conditions to development. Except for conditions imposed under subdivision laws, conditions imposed pursuant to other local, state, and federal laws, such as CEQA and the Coastal Act, may also be imposed under current law, as applicable.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.2.1.2 - Illegal subdivider.

If the illegal subdivider is the current owner of record of the lot(s) created by the illegal subdivision, conditions may be imposed on the lots that would be applicable to a current division of the property.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.2.2 - Voluntary merger as a remedy.

An illegal lot may be brought into compliance with the subdivision laws through a voluntary merger if the action either: (1) merges the illegal lot back to the original parent legal lot configuration pursuant to Section 8210-3(a); or (2) merges the illegal lot with a legal lot pursuant to Section 8210-3(b). The applicant shall consult with the Planning Division prior to applying for a voluntary merger for this purpose.

(Ord. No. 4566, § 1, 6-16-2020)

8214-8.3 - Compliance with conditions.

Specific conditions that are required to bring the illegal lot into compliance with the subdivision laws shall be determined and established by the Planning Division, which shall thereafter cause a conditional certificate of compliance to be filed for record with the County Recorder. The County shall not require the property owner to satisfy the conditions stated in the conditional certificate of compliance within a particular time frame; however, no development on the lot may be approved until the conditions are satisfied.

(Ord. No. 4566, § 1, 6-16-2020)

8214-9 - Certificate of compliance—Remainder parcels—Omitted parcels. 8214-9.1 - Construction and fee requirements for improvements that are not fulfilled.

If conditions of a County-approved map require the construction of improvements on, and/or the payment of fees for, a lot that is designated as a remainder parcel or omitted parcel on the map in accordance with Government Code section 66424.6, and said conditions have not been fulfilled at time the owner applies for a certificate of compliance for the subject lot, then a conditional certificate of compliance for the lot shall be recorded that includes a requirement for the conditions to be fulfilled prior to the issuance of a certificate of compliance for the lot.

(Ord. No. 4566, § 1, 6-16-2020)

8214-9.2 - Construction and fee requirements for improvements that are fulfilled.

If conditions of a County-approved map require the construction of improvements on, and/or the payment of fees for, a lot that is designated as a remainder parcel or omitted parcel on the map in accordance with Government Code section 66424.6, and said conditions have been fulfilled at time the owner applies for a certificate of compliance for the subject lot, then a certificate of compliance shall be recorded for the lot.

(Ord. No. 4566, § 1, 6-16-2020)