7-3. CERTIFICATES OF COMPLIANCE

CHAPTER 3. CERTIFICATES OF COMPLIANCE

7-03-1000 APPLICATION FOR CERTIFICATE: FEES:

In accordance with section 66499.35 of the Government Code of the State of California, any eligible person may apply for a certificate of compliance pursuant to this Chapter. Any person who desires such a certificate, or his authorized agent, shall file an application with the Planning and Development Director on a form prescribed by the Planning and Development Director and shall provide such information as required by the Planning and Development Director. At the time of filing the application for a certificate, the applicant shall pay the applicable filing fee set forth in Article 5 of Chapter 1 of this Part to defray the expenses incidental to the proceedings and, in addition, the fees established by law for recording the certificate of compliance. No part of said fee shall be returned to the applicant if he subsequently withdraws his application, except as follows:

(a) If an application is filed for property, which comes within the exception set forth in subsection (d) of section 66499.35 of the Government Code of the State of California, all of the fees shall be refunded.

(b) If the application is withdrawn, or if for any other reason a certificate of compliance is not recorded, the fees deposited for recording the certificate shall be returned to the applicant.

7-03-1005 ISSUANCE OF CERTIFICATE: PLANNING AND DEVELOPMENT DIRECTOR:

(a) The Planning and Development Director shall review the application and other information submitted by the applicant.

(b) If the Planning and Development Director determines that the real property, and the division thereof, qualifies for a Certificate of Compliance under section 66499.35 of the Government Code of the State of California, he or she shall issue the Certificate and cause it to be recorded with the County Clerk/ Recorder/Assessor.

(c) If the Planning and Development Director determines that the real property, and the division thereof, qualifies for a Conditional Certificate of Compliance under section 66499.35 of the Government Code of the State of California, and that the issuance of such Conditional Certificate of Compliance will not constitute a substantial or significant deprivation of the property rights of other landowners, he or she shall issue the Conditional Certificate. If no appeal is filed within the time limits set forth in section 7-03-1020 of this Chapter, the Planning and Development Director shall cause the Conditional Certificate to be recorded with the County Clerk/Recorder/ Assessor.

(d) The form of the Certificate shall comply with said section 66499.35.

7-03-1010 SAME: SITE PLAN REVIEW COMMITTEE:

If the Planning and Development Director does not make the determinations that are necessary in order to issue a Conditional Certificate of Compliance pursuant to section 7-03-1005(c), he or she shall refer the application for a Certificate of Compliance to the Site Plan Review Committee. The Site Plan Review Committee shall set the application for public hearing and shall provide the same notice of hearing as is set forth for public hearings upon tentative parcel maps in section 7-01-2305 of Chapter 1 of this part. When setting the application for public hearing, the Committee shall also determine whether to file a Notice of Intention to Record a Notice of Violation as provided in section 66499.36 of the Government Code of the State of California. Following such hearing on the application and related issues, the Site Plan Review Committee shall determine to issue a Certificate of Compliance or Conditional Certificate of Compliance with appropriate conditions as may be required by the provisions of California Government Code section 66499.35. The Site Plan Review Committee shall give notice of the decision and intended action to the applicant and to all parties requesting such notice. If no appeal is filed within the time limits set forth in section 7-03-1020 of this Chapter, the Site Plan Review Committee shall cause the Certificate to be recorded with the County Clerk/ Recorder/Assessor. If a Notice of Intention to record a Notice of Violation was recorded, the Committee shall cause a release of such notice to be recorded with the Certificate.

7-03-1015 NOTICE OF VIOLATION: HEARING:

(a) Where it appears that real property has been divided in violation of the provisions of the Subdivision Map Act or of ordinances enacted pursuant thereto, and no application for a Certificate of Compliance has been filed pursuant to this Chapter, the Site Plan Review Committee shall cause notices to be issued and hold a hearing in conformity with the provisions of section 66499.36 of the Government Code of the State of California. With the concurrence of the owners, the Site Plan Review Committee may reduce the period of notice to such time as may be agreed upon.

(b) Upon the conclusion of such proceedings, pursuant to said Government Code section 66499.36, the Site Plan Review Committee shall make a determination of the matter and notify the owner thereof. If no appeal is filed within the time limits set forth in section 7-03-1020 of this Chapter, the Committee shall cause a Notice of Violation or a Release of the Notice of Intention to Record a Notice of Violation to be recorded with the County Clerk/Recorder/ Assessor.

(c) However, if an application for a Certificate of Compliance is filed after commencing the procedure set forth in this section, but prior to the recording of a Notice of Violation, the Site Plan Review Committee shall determine whether to cause a Release of the Notice of Intention to Record a Notice of Violation to be recorded with the County Clerk/ Recorder/Assessor. The Committee shall then consider the application as provided in section 7-03-1010 of this Chapter.

7-03-1020 APPEALS:

(a) Except as herein provided, all appeals of decisions made by the Planning and Development Director or the Site Plan Review Committee on matters set forth in this Chapter shall be subject to the provisions of section 165 of this Ordinance Code.

(b) Within ten (10) calendar days after the date on which written notice of the decision is mailed or delivered to the owner, applicant, or other interested party, the owner, applicant, other interested party or his authorized agent may appeal to the Board of Supervisors for review of the decision. The decision shall be final unless such an appeal is filed within ten (10) calendar days of the mailing or delivery of notices to the landowner and applicant.