Kern County Municipal Code Ch. 18.10 Responsibilities

The purpose of this chapter is to describe the responsibilities of the individuals, departments and committees responsible for reviewing, processing and approving land divisions in Kern County.

(Ord. G-6533 § 3 (part), 1998)

The responsibilities of the board of supervisors under this title shall include the following:

consider and approve, conditionally approve or disapprove appeals as provided in the California Subdivision Map Act and this title.

(Ord. G-6533 § 3 (part), 1998)

The planning commission is designated as the advisory agency to approve, conditionally approve or disapprove tentative tract maps and associated development and limited design variations as provided by the California Subdivision Map Act and this title.

(Ord. G-6533 § 3 (part), 1998)

The development services agency includes the planning and community development department, the roads department, and the engineering, surveying, and permit services department. The development services agency director may authorize changes in the scope of responsibilities in the member departments that are included in development services agency that may result in some changes in the responsibilities of those member departments as set forth in this title. In the event the position of development services agency director shall be vacant, the duties, responsibilities, powers, and authority of the development services agency director shall be undertaken by and vested in the board of supervisors, except the duty of enforcement officer under subsection 8.28.020(C). In the event the position of development services agency director is vacant, the board of supervisors may delegate all or part of its powers hereunder to any county employee or group of employees as it deems appropriate.

(Ord. G-7629 § 6, 2007)

(Ord. No. G-8006, § 37, 1-26-10; Ord. No. G-8035, § 62, 4-20-10; Ord. No. G-8176, § 6, 7-12-11)

A. Membership. The subdivision review committee is a staff level meeting to discuss technical matters relating to study maps, tentative tract maps, and any associated development and limited design variations. It shall be composed of the planning and community development director, the environmental health director, the fire chief, the director of engineering, surveying, and permit services, the director of roads department, or their designated representatives. The board of supervisors may also appoint the head of any other county department or agency to membership on such committee. The planning and community development director or his designated representative shall act as chair of the committee. In the absence of both, the committee shall elect a temporary chairperson. By acting as chairperson, a member shall not be disqualified to vote.

B. Powers and Duties of the Committee. The subdivision review committee shall have the following powers and duties:

1. Adopt rules for its proceedings;

2. Conduct meetings scheduled as needed and conduct special meetings at such times and in accordance with such procedures as the committee may determine;

3. Review, discuss, and make recommendations on all matters which pertain to study maps, tentative tract maps, and any associated development variations;

4. Approve, conditionally approve, or deny limited exceptions and limited design variations;

5. Review, discuss, and make recommendations on matters pertaining to the standards for subdivisions generally;

6. Provide the subdivider and the head of any county department or other public agency a reasonable opportunity to present any relevant matter to the committee;

7. As permitted by law, require the subdivider to furnish additional information and documents and make recommendations with respect to the form of the map deemed necessary for proper consideration of the tentative map and any action or recommendation which may appear necessary with respect thereto;

8. Forward its recommendations to the planning commission in a timely manner after review by the committee has been completed. Such recommendations shall be accompanied by any written dissenting or minority report of any county official presented to the committee, if the responsible official requests such report be forwarded. Preparation of a minority report shall be the sole responsibility of the dissenting committee member.

(Ord. G-7629 § 7, 2007; Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-8006, § 38, 1-26-10; Ord. No. G-8035, § 63, 4-20-10)

A. The planning director is designated as the advisory agency to approve, conditionally approve or disapprove tentative parcel maps, parcel map waivers, lot line adjustments, and associated development and limited design variations as provided by the California Subdivision Map Act and this title.

B. It shall be the responsibility of the planning director to manage the planning department in carrying out the responsibilities imposed on it by this title and to carry out other responsibilities imposed on the director by this title.

(Ord. G-6533 § 3 (part), 1998)

A. It shall be the responsibility of the planning department to recommend to the subdivision review committee approval, conditional approval or disapproval of any tentative tract map in relation to design and land use. The department's recommendations shall address, among other matters, the following:

1. Compliance with the general plan, any applicable specific plan, and the Kern County Ordinance Code;

2. Concept of development;

3. Lot size, design and suitability for intended use;

4. Street alignment and width;

5. Dedication of land and/or fees for public purposes;

6. Necessary zone changes, including, but not limited to, applicable floodplain zoning;

7. Open space;

8. Adequacy of any lot use feasibility study;

9. Potential safety and crime risks associated with circulation, street lighting and location of lots to recreation and school facilities in consultation with the sheriff's department;

10. Mitigation measures applicable to the land division as specified in any applicable environmental document prepared pursuant to the requirements of the California Environmental Quality Act.

B. It shall be the responsibility of the planning department to recommend to planning director approval, conditional approval, or disapproval of any tentative parcel map, parcel map waivers, lot line adjustments and associated development, and limited design variations. The department's recommendations shall address, as appropriate, the matters listed in Section 18.10.050(A).

(Ord. G-7629 § 9, 2007; Ord. G-6533 § 3 (part), 1998)

A. It shall be the responsibility of the engineering and survey services department to recommend to the subdivision review committee approval, conditional approval or disapproval of any tentative tract map in relation to improvement facilities. The department's recommendations shall address, among other matters, the following:

1. Adequacy of all tentative map survey, if submitted;

2. Adequacy of any lot use feasibility study;

3. Proposed drainage and flood control improvements (e.g., location and sizes of drainage channels and easements, sumps and ponding areas);

4. Methods of erosion control;

5. Adequacy of preliminary flood hazard study;

6. Adequacy of the geological hazard report and recommended mitigation measures; and

7. Adequacy of preliminary soil report, along with any recommendations for correction of any soil or geologic hazards report and mitigation measures.

B. It shall be the responsibility of the engineering and survey services department to recommend to the director of the planning department approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The department's recommendation shall address, as appropriate, the matters listed in Section 18.10.060(A).

C. It shall be the responsibility of the engineering and survey services department to review all final maps for compliance with conditions of approval, compliance with the requirements of the California Subdivision Map Act and this title, to approve all improvement plans and/or improvement agreements, and to carry out other responsibilities imposed upon it by this title.

D. It shall be the responsibility of the engineering and survey services department to maintain current development standards, which establish and specify technical procedures, materials and design standards for the design and construction of land division infrastructure in accordance with the various titles within the Kern County Ordinance Code and other regulations. Development standards shall be adopted or amended at a director's hearing, in which the director of the engineering and survey services department shall preside and conduct the hearing, generally following the procedures set forth in Sections 19.102.090 through 19.102.110 of the Kern County Ordinance Code.

E. It shall be the responsibility of the engineering and survey services department to recommend approval or denial of all requested limited exceptions, as specified in the Kern County development standards. The engineering and survey services department may, with the concurrence of the applicant, elect to consider any request for a limited exception if the request is made prior to the time either the improvement plans or the final map are submitted, in which case the decision of that department shall be final. Before taking action on any limited exceptions involving road dedications or improvements, the engineering and survey services department shall consult with and consider any recommendations by the roads department.

(Ord. G-7629 §§ 11, 12, 2007; Ord. G-6533 § 3 (part), 1998)

A. It shall be the responsibility of the Kern County roads department to recommend to the subdivision review committee approval, conditional approval or disapproval of any tentative tract in relation to the engineering feasibility of street alignments and widths and traffic safety concerns, with particular regard to sight distances, turning maneuvers and intersection traffic controls.

B. It shall be the responsibility of the roads department to recommend to the planning director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The department's recommendation shall address, as appropriate, the matters listed in Section 18.10.065(A).

C. It shall be the responsibility of the roads department to consider the impacts of any land division application with respect to traffic movement and safety, levels of service impacts, circulation impacts, and impacts to the county's road maintenance program. The roads department may require an applicant to generate trip data information and an analysis of potential traffic impacts when deemed necessary by that department; however, any such request shall be made prior to the applicable land division application being accepted as complete for processing purposes.

(Ord. G-7629 §§ 14, 15, 2007; Ord. G-6533 § 3 (part), 1998)

It shall be the responsibility of the county counsel to approve all subdivision improvement agreements as to form.

(Ord. G-6533 § 3 (part), 1998)

A. It shall be the responsibility of the fire department to recommend to the subdivision review committee approval, conditional approval or disapproval of any tentative tract map in relation to fire protection facilities. The department's recommendations shall address, among other matters, the following:

1. Location and spacing of fire hydrants;

2. Minimum fire flows necessary to serve the proposed development;

3. Water system design;

4. Emergency access roads;

5. Location of fire and fuel breaks and easements;

6. Dedication of land and/or fees for fire station sites; and

7. Special provisions for land divisions in hazardous fire areas.

B. It shall be the responsibility of the fire department to recommend to the planning director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The department's recommendation shall address, as appropriate, the matters listed in Section 18.10.080(A).

C. It shall be the responsibility of the fire department to review and approve fire protection facilities in connection with all final maps.

(Ord. G-7629 § 17, 2007; Ord. G-6533 § 3 (part), 1998)

A. It shall be the responsibility of the environmental health division to recommend to the subdivision review committee approval, conditional approval, or disapproval of any tentative tract map in relation to the impact of the proposed subdivision on public health and safety. The recommendations shall be based on Kern County public health services department environmental health standards and rules and regulations for land developments and shall address, among other matters, the following:

1. Proposed method of sewage disposal;

2. Source, quantity, and quality of the water supply proposed for domestic use;

3. Factors affecting environmental health;

4. Adequacy of any preliminary soil report, along with any recommendations for correcting any soil or geologic hazards;

5. Availability of solid waste services and facilities in collaboration with the waste management department;

6. Adequacy of any acoustical report along with any recommendations for noise attenuation.

B. It shall be the responsibility of the environmental health services division to recommend to the planning director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The recommendation shall address, as appropriate, the matters listed in Section 18.10.090(A).

C. It shall be the responsibility of the environmental health division to review and approve improvements in connection with all final maps with respect to the following:

1. Method of sewage disposal;

2. Water supply for domestic use;

3. Water system improvement plans;

4. Other factors affecting environmental health.

D. The environmental health division shall also function as liaison with the regional water quality control boards, the California Department of Health Services, and the federal Environmental Protection Agency.

(Ord. G-7629 § 19, 2007; Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-8006, § 40, 1-26-10)

A. It shall be the responsibility of the Kern County parks and recreation department or responsible recreation and park district to recommend to the planning department approval, conditional approval or disapproval of any tentative tract map in relation to the need for open space, park and recreation facilities, and dedication of land for park and recreation facilities or payment of in-lieu fees.

B. It shall be the responsibility of the Kern County parks and recreation department or responsible recreation and park district to recommend to the planning director approval, conditional approval or disapproval of any tentative parcel map. The department's recommendations shall address, as appropriate, the matters listed in Section 18.10.100(A).

(Ord. G-6533 § 3 (part), 1998)