§ 21.02.020. Certificates of compliance and conditional certificates of compliance.

Certificates of compliance and conditional certificates of compliance are issued under the provisions of Government Code Section 66499.35. A certificate of compliance application is filed to request the county to determine as a matter of record whether the real property which is the subject of the application is a legally created parcel which complies with the provisions of the Subdivision Map Act and this title. If the county determines that the parcel of real property is not legally created in compliance with the provisions of the Subdivision Map Act and this title, it shall issue a certificate of compliance or a conditional certificate of compliance in accordance with the provisions of Government Code Section 66499.35(b). If the applicant is the original subdivider of the subdivision which was not in compliance with the law, conditions may be imposed which would be applicable to a current division of the property. If the applicant is a subsequent purchaser from the subdivider of the subdivision which was not in compliance with the law, conditions may be imposed which would have been applicable at the time the applicant acquired his or her interest in the property. When a certificate of compliance or a conditional certificate of compliance is requested, application preparation and processing shall include the following:

(1)

Application. Certificate of compliance and conditional certificate of compliance applications shall include four copies of a completed application form as required by the planning department in addition to the information listed in subsection (2) below.

(2)

Content. Except as otherwise provided, certificate of compliance and conditional certificate of compliance applications shall include all of the following:

a.

Chain of Title. Provide legible copies of all deeds affecting the property beginning with the deed that described the property prior to its current configuration from that time to the present, unless the parcels were created through a recorded tract map, parcel map, or official map or unless waived by the planning director. A typed copy of all handwritten deeds and copies of earlier deeds in the chain of title or deeds describing adjacent property shall be submitted by the applicant if requested by the planning director;

b.

Preliminary Title Report. Two copies of a preliminary title report concerning the property, showing current property owners, and which is not more than six months old;

c.

Other Information. Any maps or other supporting documents to support and clarify when and how the parcel in question was created;

d.

Coastal Zone. For conditional certificates of compliance within the coastal zone, include two copies of a list of names and addresses of all residents and property owners within one hundred feet of the exterior boundaries of property. The names and addresses shall be typed on gummed labels, and submitted to the planning department.

(3)

Review and Approval. The planning director is delegated the authority to approve and issue certificates of compliance. The subdivision review board is delegated the authority to approve and issue conditional certificates of compliance. The decision of the planning director or subdivision review board shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

a.

Staff Report. The planning department shall prepare a staff report for each application that includes the following:

1.

A description of the history of the creation of the parcel;

2.

A reference to applicable state law and county ordinances and regulations; and

3.

In the case of a conditional certificate of compliance, recommend appropriate conditions to be imposed.

b.

Notice and Hearing. Except for notice to the applicant prior to action by the planning director, notice of hearing is not required to be given for certificates of compliance under Government Code Section 66499.35(a) because the issuance of such certificates of compliance is ministerial. The planning director shall schedule applications for conditional certificates of compliance under Government Code Section 66499.35(b) on the public hearing portion of the subdivision review board agenda. Notice of hearing shall be given pursuant to Section 21.04.010 for all conditional certificates of compliance under Government Code Section 66499.35(b); provided, however, for conditional certificates of compliance within the coastal zone, notice and hearing requirements shall be as set forth in Sections 21.04.010 and 21.08.020 of this title.

c.

Approvals Within the Coastal Zone. For conditional certificates of compliance applications located within the coastal zone that are appealable to the coastal commission, approval shall not be final until either all appeal periods have expired and no appeal has been filed, or the coastal commission has approved the application.

(4)

Recordation. After a decision to issue a certificate of compliance or conditional certificate of compliance becomes final, such certificate or conditional certificate shall be recorded in the office of the county recorder upon payment by the applicant of the required recording fee.

(Ord. 2636 §§ 7, 8, 1993: Ord. 2602 §§ 3—5, 1993; Ord. 2582 §§ 3, 4, 1992; Ord. 2581 § 4, 1992)