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LEGALNOTICE ORDINANCE NO. 2039 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA AMENDING TITLE 16 OF THE TEHAMA COUNTY CODE TO ESTABLISH PROCEDURES FOR ISSUANCE OF CERTIFICATES OF COMPLIANCE THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1. The purpose of this Ordinance is to provide a voluntary proce- dure for issuance of certificates of compliance where parcels have been sold, leased, or fi- nanced in reasonable reliance upon the then-existing law and customary practices in Tehama County. Recent changes in state law and court interpretation have im- posed new limitations affecting some parcels historically recog- nized in Tehama County. Certifi- cates of Compliance issued un- der this Ordinance will provide legally binding confirmation that the subject parcel(s) are recognized under current state law, and will ensure the ability to lawfully convey those parcel(s) in the future. This Ordinance does not require any person to request or obtain a certificate of compliance. SECTION 2. Section 16.08.020 of the Tehama County Code is hereby repealed. SECTION 3. Section 16.08.020 is hereby added to the Tehama County Code to read: 16.08.020 Advisory agency. A. The Tehama County Technical Advisory Agency, which is also referred to herein as the "committee," shall con- stitute the "advisory agency" for minor subdivisions requiring a tentative map and a final par- cel map, and "Tier 2" certificates of compliance issued pursuant to Chapter 16.31. The Tehama County Planning Commission which is also referred to in this title as the "planning commis- sion" shall constitute the "advi- sory agency" for subdivisions requiring a tentative map and a final map or a tentative map and a parcel map, and appeals of de- cisions related to "Tier 1" and "Tier 2" certificates of compli- ance issued pursuant to Chapter 16.31. They are hereby charged by this section with the duty of making investigations and re- ports on the design and im- provement of all proposed sub- divisions and have authority to impose requirements and condi- tions upon such division of land, and to approve, conditionally approve or disapprove such map and land division, and shall have such powers and duties with respect to such subdivi- sions and the procedures relat- ing thereto, as are specified by law. B. For "Tier 1" certificates of compliance issued pursuant to Chapter 16.31, and for purpos- es of making investigations and reports on the design and im- provement of all proposed divi- sions of real property, "advisory agency" shall also mean the Tehama County Director of Plan- ning. SECTION 4. Chapter 16.31 is hereby added to the Tehama County Code to read: Chapter 16.31 CERTIFICATES OF COMPLIANCE Sections: 1 6 . 3 1 . 0 1 0 – P u r p o s e . 16.31.020 – Certificate of Compliance Application and Process. 16.31.030 – Eligibility Require- ments for Tier 1 Certificate of Compliance. 16.31.040 – Issuance of Tier 1 Certificate. 16.31.050 – Process for Tier 2 Certificate of Compliance. 16.31.060 – Procedure Not Exclusive. 16.31.010 – Purpose. A. The purpose of this Chapter is to provide a volunta- ry procedure for issuance of cer- tificates of compliance where parcels have been sold, leased, or financed in reasonable reli- ance upon the then-existing law and customary practices in Tehama County. This Chapter does not require any person to request or obtain a certificate of compliance, and does not limit the issuance of certificates of compliance under any other or- dinance or statute. B. This chapter provides the process and standards for issuance of two types of certifi- cates of compliance: "Tier 1" for those parcels whose eligibility for a certificate of compliance may be determined based upon a streamlined checklist, without requiring a hearing by the Tech- nical Advisory Committee, and "Tier 2" for parcels requiring in- dividualized consideration by the Committee. 16.31.020 – Certificate of Compli- ance Application and Process. A. Any person owning real property, or a vendee of that person pursuant to a contract of sale, may file an application for a certificate of compliance un- der this Chapter. B. The application shall be submitted to the Planning De- partment on a County form ap- proved by the Director of Plan- ning. The Applicant shall submit documentation satisfactory to the Director demonstrating that they are the owner or vendee of the real property, and that the property meets one of the crite- ria set forth in this Chapter. The Director shall permanently re- tain a copy of all such documen- tation. C. Each complete applica- tion shall be reviewed to deter- mine if the real property meets the criteria for issuance of one or more Tier 1 certificates of compliance under Sections 16.31.030 and 16.31.040. D. If the real property does not meet the criteria for issu- ance of a Tier 1 certificate, the applicant shall be informed, and shall have the option to have the application processed for a Tier 2 certificate of compliance un- der section 16.31.050. 16.31.030 – Eligibility Re- quirements for Tier 1 Certificate of Compliance. A. The following real prop- erty shall not require a certifi- cate of compliance, but an un- conditional Tier 1 certificate of compliance may be issued un- der this Chapter upon request of the owner or vendee of the property: 1. Any parcel created by a deed or patent executed and re- corded prior to March 4, 1972, unless the deed or patent was prohibited by an applicable stat- ute or ordinance at the time of creation. This subdivision shall apply even if the parcel thus created was subsequently in- cluded, in its entirety, within a larger conveyance. 2. Any parcel created by a subdivision map, parcel map, or parcel map waiver duly ap- proved and recorded under the bdi i i f p Subdivision Map Act of 1929 (Statues 1929, chapter 837, ef- fective August 14, 1929) or any successor statute. 3. Any parcel conveyed in fee to or from a governmental agency, public entity, or public utility, or conveyed to a subsid- iary of a public utility for con- veyance to that public utility for rights-of-way. This subdivision shall not apply if, prior to the conveyance, the County notified the governmental agency, pub- lic entity, or public utility that a parcel map will be required pur- suant to Section 66248 of the Government Code. 4. Any parcel recognized by a duly approved and record- ed certificate of compliance at any time for which the applica- ble statute of limitations has ex- pired. 5. Any parcel reflected in a final lot line adjustment appro- val duly issued and recorded by the Director of Planning consis- tent with the authority granted by Ordinance No. 1733, on or af- ter September 22, 2000. 6. Any parcel reflected in a final lot line adjustment or merger approval duly issued and recorded by the Technical Advisory Committee, Planning Commission, or Board of Super- visors, at any time. B. A Tier 1 certificate of compliance may also be issued under this Chapter with respect to any of the following real property, in accordance with the terms stated in Section 16.31.040, subdivision (b): 1. Any parcel created by a deed or deed of trust executed and recorded, at any time, in fa- vor of a bona fide purchaser or encumbrancer for value, provid- ed that the parcel thus created was depicted on a subdivision map approved and recorded pri- or to the Subdivision Map Act of 1929 (Statues 1929, chapter 837), or on an approved lot line ad- justment, and was conveyed by deed or deed of trust separately from contiguous property, and further provided that the cur- rent owner of the property ac- quired the parcel without actual or constructive notice of any po- tential noncompliance with the Subdivision Map Act. 2. Any portion of a preexisting legal parcel remain- ing after a conveyance of fee ti- tle to part of that parcel to a governmental agency, public en- tity, or public utility. In the event that the government or utility acquisition physically divides two or more remainder portions of the same parcel, the Director of Planning shall determine whether each portion is entitled to receive a separate certificate of compliance in accordance with the criteria set forth in Cali- fornia Attorney General Opinion Nos. CV 78-31 (June 20, 1978) and 01-615 (May 15, 2003). 16.31.040 – Issuance of Tier 1 Certificate of Compliance. A. If the Director of Planning determines that a parcel for which the Tier 1 certif- icate of compliance is sought meets one of the criteria set forth in Section 16.31.030, subdi- vision (a), they may forthwith is- sue a Tier 1 certificate under this Chapter. Such certificates are issued without any further requirements. B. The Director of Planning, with the concurrence of the County Surveyor, may is- sue a Tier 1 certificate for prop- erty described in Section 16.31.030, subdivision (b). Such certificates are issued pursuant to Government Code section 66499.35 , subdivision (b), with i i d , ( ), appropriate requirements as de- termined by the Director in ac- cordance with the limitations set forth in that statute, provid- ed that no more than the follow- ing requirements, if any, may be prescribed: 1. An encroach- ment permit may be required for any existing unpermitted encroachments into a County right-of-way. 2. Permits may be required for any unpermitted wells and onsite sewage dispos- al systems. 3. Road frontage improvements meeting the adopted standards at the time the parcel was created may be required. C. The applicant shall have the option to fulfill the requirements prescribed by the Director of Planning prior to final issuance of the Tier 1 cer- tificate of compliance, and in the event such requirements are fulfilled prior to the issuance of the certificate, the certificate shall be deemed unconditional, and the issued certificate shall reflect that the property may be sold, leased, or financed without further action by the applicant. D. The decision of the Director of Planning upon an application for a Tier 1 certifi- cate shall be in writing, and may be appealed pursuant to Chap- ter 16.36 of the Tehama County Code in the same manner as an action of the Technical Advisory Committee. Absent appeal, the decision of the Director of Plan- ning shall become final and con- clusive. 16.31.050 – Process for Tier 2 Certificate of Compliance. A. If the applicant elects to have the application processed for a Tier 2 certificate of compli- ance, the applicant shall submit any additional or supplemental information which the Director of Planning or Technical Adviso- ry Committee determines is rea- sonably necessary to determine whether to approve a Tier 2 cer- tificate under this chapter. The Director shall permanently re- tain a copy of all such documen- tation. B. The board of supervi- sors may, by resolution, estab- lish a fee for certificates of com- pliance issued under this Chap- ter, provided that no fee shall be charged for an application to recognize a parcel described in a lot line adjustment application approved by any county officer at any time. The board may, for good cause, reduce or waive any fee established for a certifi- cate of compliance on a case- by-case basis, upon finding that such reduction or waiver serves the public purposes of the Coun- ty of Tehama. Any recording fees shall be the responsibility of the applicant. C. Upon receipt of a complete application for a Tier 2 certificate, the Director of Planning shall schedule a hear- ing before the Technical Adviso- ry Committee, and shall provide notice of the hearing by U. S. mail to the owners of all proper- ty located within 1,000 feet of the exterior boundaries of the property for which the Tier 2 certificate is requested. The no- tice shall state that the Techni- cal Advisory Committee will make a decision on the applica- tion and that any person noti- fied may attend the hearing or may submit written comments no later than the time of the hearing. D. The Technical Advisory Committee shall consider each a pplication on a case-by-case b i d i i pp y basis, and may issue a Tier 2 certificate for any other parcel(s) that may legally be recognized based upon any oth- er criteria consistent with the Subdivision Map Act, provided that issuance of a certificate does not present any risk to the health, safety, or welfare of the citizens of the County of Tehama. This may include, but is not limited to, parcels "approved for development" as set forth in Government Code section 66499.34. F. All Tier 2 certificates of compliance are issued pursuant to Government Code section 66499.35, subdivision (b), with appropriate requirements as de- termined by the Technical Advi- sory Committee in accordance with that statute. G. The de- cision of the Technical Advisory Committee shall be in writing, and may be appealed pursuant to Chapter 16.36 of the Tehama County Code. Absent appeal, the decision of the Committee shall become final and conclu- sive. 16.31.060 – Procedure Not Exclusive. The denial of a Tier 1 or Tier 2 certificate of compliance under this Chapter shall not prejudice any subse- quent application for a certifi- cate of compliance under any other provision of the Subdivi- sion Map Act or the Tehama County Code. SECTION 5. This ordinance shall take effect thirty (30) days from the date of its adoption, and pri- or to the expiration of fifteen (15) days from the adoption thereof shall be published at least one time in the Red Bluff Daily News, a newspaper of gen- eral circulation in Tehama Coun- ty. The foregoing ordi- nance was duly passed and adopted by the Board of Super- visors of the County of Tehama, State of California, at a regular meeting of the Board of Supervi- sors on the 18th day of April, 2017 by the following vote: AYES: Supervisors Williams, Bundy and Garton NOES: Supervisors Carlson and Chamblin ABSENT OR NOT VOTING: None Dennis Garton CHAIRMAN, Board of Supervisors STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) I, JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervi- sors of the County of Tehama, State of California, hereby certi- fy the above and foregoing to be a full, true and correct copy of an ordinance adopted by said Board of Supervisors on the 18th day of April, 2017. DATED: This 18th day of April, 2017. JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of Cali- fornia. By: Angela L. 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