Any person owning real property or any vendee pursuant to a
contract of sale may request a certificate of compliance by filing
an application with the County Surveyor on a form prescribed by the
County. The application shall include the deed, deed of trust, or
lease creating the parcel; a full chain of title dating back to the
original creating deed(s); a map and all deeds of all other property
owned by the applicant contiguous to the property for which the application
has been filed; and such other information as may be required by the
County Surveyor. The application shall be accompanied by an application
fee which shall be set by Board resolution.
(SCC 574 § 2, 1983; SCC
0712 § 6, 1988; SCC 1702 § 2,
2022)
A.
Notwithstanding section 22.130.005, any person owning real property or any vendee pursuant to a contract of sale may request an expedited certificate of compliance if the subject parcel meets one of the following conditions:
1.
The application is being made in conjunction with an application for a boundary line adjustment pursuant to section 22.20.077 of this Code;
2.
A building permit for the construction of a primary structure or
a major addition thereto on the parcel has previously been issued
by the County after the creating deed has been recorded, or the parcel
has been improved with a residence or primary structure but, at the
time of the improvement, a building permit or other grant of approval
was not required for the improvement;
3.
Prior legal nonconforming status of the residence or other primary
structure on the parcel has previously been recognized by the County;
or
4.
The parcel was created prior to December 1, 1965 (i.e., the effective
date of County Ordinance No. 894).
B.
The application for an expedited certificate of compliance shall be accompanied by an application fee which shall be set by Board resolution. This fee shall be reduced from the fee amount set by the Board for applications filed pursuant to section 22.130.005.
C.
If the County Surveyor determines that the parcel for which an application filed pursuant to this section meets one or more of conditions listed in subsection A of this section, the County Surveyor shall promptly process and cause a certificate of compliance to be recorded with the County Recorder. If the County Surveyor determines that the parcel does not meet any of the conditions listed in subsection A, the County Surveyor shall cause a conditional certificate of compliance to be issued as described in section 22.130.015.B.
(SCC 574 § 2, 1983; SCC
0712 § 7, 1988; SCC 1702 § 2,
2022)
A.
If the County Surveyor determines that the parcel for which an application filed pursuant to section 22.130.005 is a lawful parcel as defined in section 22.15.050 of this Code and otherwise complies with the Subdivision Map Act, then the County Surveyor shall cause a certificate of compliance to be recorded with the County Recorder.
B.
If the County Surveyor determines that the parcel for which an application filed pursuant to section 22.130.005 is not a lawful parcel or does not comply with the Subdivision Map Act, then the County Surveyor shall issue a conditional certificate of compliance in accordance with the requirements of Government Code section 66499.35. Upon making the determination and establishing the conditions therein, the County Surveyor shall cause said conditional certificate of compliance to be recorded with the County Recorder.
C.
Compliance
with the conditions set forth in a conditional certificate of compliance
shall not be required until the time that a permit or other grant
of approval for development of the property is issued by the County.
(SCC 1702 § 2, 2022)
A.
Any
person adversely affected by a determination of the County Surveyor
relating to the provisions of this chapter may seek review by the
Subdivision Review Committee by submitting a written request with
the County Surveyor, within 30 calendar days of the date of the determination.
The written request shall be accompanied by a filing fee, which shall
be set by Board resolution. Upon receipt of the written request and
filing fee, the County Surveyor shall set the matter for public hearing
before the Subdivision Review Committee to review the issues complained
of in the request. The County Surveyor shall prepare a written report
for the Subdivision Review Committee of the specific reasons why the
County Surveyor determined that the parcel was not a lawful parcel,
or did not comply with the Subdivision Map Act, or should be subject
to the conditions proposed to be contained in the conditional certificate
of compliance. During the hearing, the Subdivision Review Committee
shall consider the written report prepared by the County Surveyor
and all other relevant evidence.
B.
If
the Subdivision Review Committee determines that the parcel is a lawful
parcel and otherwise complies with the Subdivision Map Act, the County
Surveyor shall cause a certificate of compliance to be recorded with
the County Recorder in accordance with the requirements of Government
Code section 66499.35.
C.
If
the Subdivision Review Committee determines that the parcel is not
a lawful parcel, or does not comply with the Subdivision Map Act,
or should be subject to the conditions proposed to be contained in
the conditional certificate of compliance, then the Subdivision Review
Committee shall issue a conditional certificate of compliance in accordance
with the requirements of Government Code section 66499.35 and cause
such certificate to be recorded with the County Recorder.
(SCC 574 § 2, 1983; SCC
0712 § 8, 1988; SCC 1702 § 2,
2022)
Issuance of a certificate of compliance or a conditional certificate
of compliance is not a representation that the property can be developed
under applicable laws and regulations, including, but not limited
to, this Code and the Sacramento County Zoning Code, and certificates
of compliance and conditional certificates of compliance shall contain
a statement to this effect.
(Ord. 1702 § 2, 2022)
After a certificate of compliance or conditional certificate
of compliance has been recorded with the County Recorder, the County
Surveyor may issue and record, without notice or public hearing, a
corrected certificate for any of the following reasons, either on
his own initiative or, upon application by the owner of the affected
parcel or parcels on a form prescribed by the County after payment
of the fee set by Board resolution:
A.
To
correct an error in the description of the parcel or parcels; or
B.
To
correct any other error or omission, provided the correction does
not impose any additional burden on the fee owners of the real property,
or otherwise adversely affect or alter any right, title or interest
of any other person that existed prior to the recordation of the certificate
of compliance or conditional certificate of compliance. Such errors
and omissions include, but are not limited to, lot numbers, acreage,
street names, or the manner in which adjacent parcels are identified.
(Ord. 1702 § 2, 2022)
A.
After
a conditional certificate of compliance has been recorded with the
County Recorder, the Subdivision Review Committee may amend the conditions
stated therein upon application by the owner of the affected parcel
or parcels, on a form prescribed by the County and after payment of
the fee set by Board resolution, if it finds all of the following:
1.
There are changes in circumstances that make any or all of the conditions
of the conditional certificate of compliance no longer appropriate
or necessary;
2.
The amendment does not impose any additional burden on the fee owners
of the real property;
3.
The amendment does not alter any right, title, or interest of any
person in the parcel;
4.
The amendment is based upon information that was not known or could
not reasonably have been known at the time the conditional certificate
of compliance was issued and recorded with the County Recorder; and
5.
If the information had been known, the amendment would have been
included as part of the issuance of the conditional certificate of
compliance.
B.
The Subdivision Review Committee shall conduct a public hearing as described in section 22.130.020 and confine the hearing to consideration of, and action on, the proposed amendment.
(Ord. 1702 § 2, 2022)
