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:

1.

Construction of a principal building;

2.

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

3.

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)