A certificate of compliance shall be issued for existing parcels deemed to have been created legally, and for approved lot line adjustments, lot mergers, and minor land divisions.
A. Issuance of Certificate of Compliance.
1. Within fifteen (15) days after the filing of the application for a certificate of compliance, the director shall grant such application or issue a conditional certificate of compliance.
2. If, at any time during the processing of the application for a certificate of compliance, the director determines that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action may be taken on the application.
3. The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision. If the application for certificate of compliance is found to be inconsistent, a conditional certificate of compliance shall be issued in which further remedies for consistency shall be required to be addressed after recordation of the certificate of compliance through the development of the project.
B. Recordation of a Certificate of Compliance.
1. The director shall cause the certificate of compliance to be filed for record with the Butte County recorder. Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of these regulations and the Subdivision Map Act. When appropriate, such certificate shall contain a statement setting forth all on-site and off-site improvements which must be constructed prior to the issuance of a permit or other grant of approval for the development of such parcel.
2. A certificate of compliance granted with conditions shall be issued in accordance with SMA Section 66499.35. The conditions shall not be required until the appropriate building and entitlement applications have been approved for the property.
C. Special Conditions for Minor Land Divisions.
Every certificate of compliance for a minor land division which contains one or more underdeveloped lots or parcels shall contain the following notation regarding the street facility improvement fees assessed and levied pursuant to the provisions of Chapter 3.85 of this code:
IN ACCORDANCE WITH THE PROVISIONS OF THE CHICO MUNICIPAL CODE, A STREET FACILITY IMPROVEMENT FEE WILL BE ASSESSED AND LEVIED UPON THE OWNER OF ANY LOT OR PARCEL WITHIN THIS SUBDIVISION AT THE TIME A NEW BUILDING OR STRUCTURE IS CONSTRUCTED ON SUCH LOT OR PARCEL, AT THE TIME AN ALTERATION OR ADDITION IS MADE TO AN EXISTING BUILDING OR STRUCTURE ON SUCH LOT OR PARCEL WHICH RESULTS IN AN EXPANSION OF THE FLOOR AREA OF THE BUILDING OR STRUCTURE, OR AT THE TIME A CHANGE OR EXPANSION IS MADE IN THE USE OF SUCH LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON WHICH RESULTS IN AN INCREASE IN THE NUMBER OF MOTOR VEHICLE TRIPS GENERATED BY THE USE OF THE LOT OR PARCEL OR ANY BUILDING OR STRUCTURE LOCATED THEREON.
The provisions of this section, however, shall be deemed to be directory only, and a failure of any certificate of compliance to contain a notation regarding the street facility improvement fees provided for by Chapter 3.85 of this code shall not be construed to preclude or prevent the assessment or levying of such fees in the manner set forth therein.
(Ord. 2591 (part))