Section 51283.4 Of Article 5. Cancellation From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 7. >> Article 5.
51283.4
. (a) Upon tentative approval of a petition accompanied by a
proposal for a specified alternative use of the land, the clerk of
the board or council shall record in the office of the county
recorder of the county in which is located the land as to which the
contract is applicable a certificate of tentative cancellation, which
shall set forth the name of the landowner requesting the
cancellation, the fact that a certificate of cancellation of contract
will be issued and recorded at the time that specified conditions
and contingencies are satisfied, a description of the conditions and
contingencies which must be satisfied, and a legal description of the
property. Conditions to be satisfied shall include payment in full
of the amount of the fee computed under the provisions of Section
51283, together with a statement that unless the fee is paid, or a
certificate of cancellation of contract is issued within one year
from the date of the recording of the certificate of tentative
cancellation, the fee shall be recomputed as of the date of notice
described in subdivision (b) or the date the landowner requests a
recomputation. A landowner may request a recomputation when he or she
believes that he or she will be able to satisfy the conditions and
contingencies of the certificate of cancellation within 180 days. The
board or council shall request the assessor to recompute the
cancellation valuation. The assessor shall recompute the valuation,
certify it to the board or council, and provide notice to the
Department of Conservation and landowner as provided in subdivision
(a) of Section 51283, and the board or council shall certify the fee
to the county auditor. Any provisions related to the waiver of the
fee or portion thereof shall be treated in the manner provided for in
the certificate of tentative cancellation. Contingencies to be
satisfied shall include a requirement that the landowner obtain all
permits necessary to commence the project. The board or council may,
at the request of the landowner, amend a tentatively approved
specified alternative use if it finds that the amendment is
consistent with the findings made pursuant to subdivision (a) of
Section 51282.
(b) The landowner shall notify the board or council when he or she
has satisfied the conditions and contingencies enumerated in the
certificate of tentative cancellation. Within 30 days of receipt of
the notice, and upon a determination that the conditions and
contingencies have been satisfied, the board or council shall execute
a certificate of cancellation of contract, cause the certificate to
be recorded, and send a copy to the Director of Conservation.
(c) If the landowner has been unable to satisfy the conditions and
contingencies enumerated in the certificate of tentative
cancellation, the landowner shall notify the board or council of the
particular conditions or contingencies he or she is unable to
satisfy. Within 30 days of receipt of the notice, and upon a
determination that the landowner is unable to satisfy the conditions
and contingencies listed, the board or council shall execute a
certificate of withdrawal of tentative approval of a cancellation of
contract and cause the same to be recorded. However, the landowner
shall not be entitled to the refund of any cancellation fee paid.