Whenever the Director has knowledge that real property has been divided or has resulted from a property division in violation of the SMA or this division the Director shall send a notice of violation that complies with Government Code section 66499.36 to the current owner of that property. The notice shall specify a time, date and place at which the owner may present evidence to the Director why the notice should not be recorded. If after the owner has presented evidence, the Director determines that there has been no violation, the Director shall mail a clearance letter to the then current owner. If, however, after the owner has presented evidence, the Director determines that the property has been illegally divided or if within 15 days from the date of the receipt of the notice the owner fails to inform the Director of an objection to recording the notice of violation, the Director shall record the notice of violation with the County Recorder.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6910 (N.S.), effective 2-15-85; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
Pursuant to Government Code section 66499.34:
(a) No person shall be issued any permit or granted any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the SMA, this division, or any earlier ordinance the County adopted pursuant to the SMA applicable at the time the property division occurred, if the decision making body finds that development of the property is contrary to the public health or the public safety. The "decision making body" means the Director, or on appeal, the Planning Commission or the Board. This subsection shall apply whether the applicant: (1) was the owner of record at the time of the violation, (2) is the current owner of record or (3) is a vendee of the current owner of record pursuant to a contract of sale for the property, and without regard to whether any applicant had actual or constructive knowledge of the violation at the time the applicant acquired an interest in the property.
(b) Unless this code or other County ordinance provides an appeal procedure for a permit or approval referred to in subsection (a) above the applicant may appeal the denial or conditional approval as provided in this subsection. The applicant may appeal a Director's determination to the Planning Commission and may appeal the Planning Commission's determination to the Board. An appeal of the Director's determination to the Planning Commission and the Planning Commission to the Board shall be filed with the Director within 10 days of the determination appealed from. All appeal hearing shall be public hearings and the Director shall give public notice of the hearings that complies with the public notice requirements in Government Code section 66451.3. The hearings shall be heard at the next regularly scheduled meeting of the Planning Commission or the Board, respectively.
(c) In determining whether to issue a permit or grant approval or conditional approval to develop real property divided or resulting from a division in violation of the SMA this division or an earlier ordinance the County adopted pursuant to the SMA, the decision making body shall consider all the following:
(1) Whether the property complies with the applicable zoning regulations.
(2) Whether the serving sewer district has certified that it will provide public sewer for the property or the Director DEHQ has certified that it is feasible to install an onsite wastewater treatment system on each lot on which development is requested.
(3) Whether the serving water district has certified that it will provide potable public water for the property or the Director DEHQ has approved a potable well water supply for the property.
(4) Whether the property has legal access to a County maintained road.
(5) Whether the applicant would have been required to dedicate land for a public purpose or construct or install any improvements pursuant to the SMA or the County subdivision ordinance in effect at the time the applicant acquired the property.
(d) In determining what conditions to impose if it grants conditional approval, the decision making body shall consider the factors in subsection (c)(1)-(5). If the applicant was the owner of record at the time the initial violation of the SMA or a County ordinance enacted pursuant to the SMA occurred, the decision making body may impose any condition that would apply to a current division of the property. If, however, the County has previously issued a conditional certificate of compliance for the property, only those conditions in the certificate shall apply to the conditional approval.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6910 (N.S.), effective 2-15-85; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
(a) An owner of real property or a person who has entered into a contract to buy real property may make a written application to the Director for a certificate of compliance.
(b) The applicant shall complete a form provided by the Director and shall provide all information required by the Director relating to the title of the property and other additional information the Director deems relevant including the following:
(1) The name and address of each person having an interest in the application and the name and address of each person having any ownership interest in the property involved.
(2) If a person identified under subsection (1) is a corporation or partnership, the name and address of each person owning more than 10% of the shares of the corporation or owning any partnership interest in the partnership.
(3) If a person identified under subsection (1) is a non-profit organization, the name and address of each person serving as director of the non-profit organization.
(4) If any person identified under subsection (1) is a trust, the name and address of each trustee, beneficiary or trustor of the trust.
(5) Legal descriptions prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying. The documents shall include his or her name, signature, and license number.
(c) Within 50 days after receipt of the completed application the director shall determine whether the certificate of compliance shall be issued. The Director shall notify the applicant at the end of the 50 day period of the Director's decision and if the Director determines that the certificate of compliance shall be issued, the Director shall cause the certificate of compliance to be filed with the County Recorder at the applicant's expense.
(d) The Director shall issue a certificate of compliance if the Director determines that the real property in question meets one of the following requirements:
(1) At the time the property was divided or resulted from a property division, the property was in compliance with applicable County ordinances regulating the division of real property and the SMA.
(2) The property substantially conforms to a final division plat approved pursuant to former Title 8, Division 1, Chapter 6 (repealed by Ordinance No. 3829 (New Series) on February 1, 1972).
(3) The property has been approved for development pursuant to section 81.1102. Issuance of a certificate of compliance shall not remove or amend any conditions imposed in the development permit.
(4) The property has been approved for division and the County has waived the requirement for preparing, filing and recording a parcel map pursuant to section 81.617.
(5) The property merged with one or more contiguous parcels before January 5, 1978 and the County recognized the merger when it approved a lot line adjustment or a division of land plat or issued a certificate of compliance for the property and the owner is entitled to have the property unmerged pursuant to section 81.106(c).
(6) The property has been approved as a condominium project on a single parcel and the requirement for a tentative subdivision map and the preparation, filing and recording of a final map has been waived pursuant to section 81.516.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5835 (N.S.), effective 8-28-80; amended by Ord. No. 6575 (N.S.), effective 6-3-83; amended by Ord. No. 6911 (N.S.), effective 2-15-85; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10705 (N.S.), effective 1-8-21)
(a) When the Director determines that the property for which an applicant requests a certificate of compliance under section 81.1103 does not comply with the SMA or this division or any earlier ordinances the County adopted pursuant to the SMA, the application for a certificate of compliance shall be treated as an application for a conditional certificate of compliance.
(b) The Director shall provide notice of the application by U. S. mail to the owners of all property located within 300 feet of the exterior boundaries of the property for which the certificate is requested. The notice shall state that the Director will make a decision on the application and that any person notified may submit written comments no later than 20 days after the notice. The notice shall also provide information on methods by which the property owner may review the decision or request notice or a copy of the Director's decision.
(c) The Director may deny issuance of a conditional certificate of compliance if the Director determines the effect of issuing the certificate would be to effectively subdivide the property without complying with the SMA.
(d) The Director may as a condition of issuing a conditional certificate of compliance, impose any condition that would have been applicable to the division of property at the time the applicant acquired an interest in the property, and that had been established pursuant to the SMA or a County ordinance adopted pursuant to the SMA. If, however, the applicant was the owner of record at the time of the initial violation of the SMA or a County ordinance adopted pursuant to the SMA, who by a grant of real property created one or more parcels in violation of the SMA or a County ordinance, and the applicant is the current owner of record of one of more of the parcels created by the violation, then the Director may impose any condition that would be applicable to a current division of the property.
(e) The Director's decision granting or denying issuance of a conditional certificate of compliance shall be final.
(f) If the Director determines that the conditional certificate of compliance shall be issued, the Director shall cause the conditional certificate of compliance to be filed with the County Recorder at the applicant's expense.
(Added by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
Loading...