Kern County Municipal Code Ch. 18.15 Tract Maps and Application Contents

The purpose of this chapter is to establish the circumstances under which tract maps are required, to establish the circumstances under which exceptions apply, to set out application requirements, and to set forth requirements for submittal, review and approval of tentative tract maps.

(Ord. G-6533 § 3 (part), 1998)

Tentative and final tract maps shall be required for all divisions of land into five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, and conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway maintained by a public or semipublic entity, and all dedications and improvements required by a tract map have been completed;

B. Each parcel created by the division has a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access to a public street or highway and comprises part of an area of land zoned for industrial or commercial development;

D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than one-quarter (¼) of one-quarter (¼) section.

A parcel map shall be required for those land divisions described in Section 18.15.020(A), (B), (C) and (D) unless waived by the planning director in accordance with the provisions of Section 18.30.020.

(Ord. G-6533 § 3 (part), 1998)

The application for a tentative tract map shall include the following information:

A. Name and address of the applicant (subdivider);

B. Name(s) and address(es) of the property owner(s);

C. Letters of authorization from the subdivider and the property owner if the owner is not the subdivider (if original signature appears on the Kern County land division application form, then separate letter of authorization is not required);

D. Name and address of person who prepared the map, including registration and/or license number;

E. Assessor's parcel numbers;

F. Legal description of the property;

G. A tentative tract map, prepared by a licensed land surveyor or a registered civil engineer authorized to perform land surveying, twenty-four (24) by thirty-six (36) inches in size and drawn to a scale sufficient in size to show all necessary detail. The map shall include the following information:

1. Original parcel lines.

2. When existing slopes exceed one (1) percent for any portion of the tentative tract or within seventy-five (75) feet of the tentative tract boundary, existing contour lines for the area within the tentative tract and for the area within seventy-five (75) feet of the tentative tract boundary shall be clearly shown. Additional contour lines covering areas in the vicinity of the tentative tract may be required by the planning director if deemed necessary for adequate consideration of public health and safety matters. The existing contour intervals shall be:

Where interval spacing is closer than one-quarter (¼) inch, the next greater interval may be used Where interval spacing is one (1) inch or greater, spot elevations shall be placed at the corners of the map. Contour intervals shall be clearly labeled. Contour information for tract maps may be based on existing U.S. Geological Survey quad maps if the registered civil engineer or licensed land surveyor believes, and the planning director concurs, the U.S. Geological Survey quad (7.5 min) provides sufficient detail for development of the site.

3. The proposed division lines with dimensions. Each lot to be created shall be designated on the tentative tract map by number or letter, except as provided in Section 66424.6 of the California Subdivision Map Act.

4. Location of all existing structures on the original parcels, all existing and abandoned oil wells of record on the original parcels, the location of existing and proposed domestic water wells on-site, and all of the above within one hundred fifty (150) feet of the exterior map boundary, and the location of existing and proposed septic tanks and disposal fields on site.

In lieu of providing the above information within one hundred fifty (150) feet of the exterior, provide a dated aerial photo with the boundaries of the map plotted on it. The drawing shall extend one hundred fifty (150) feet beyond the tract map boundaries and have a scale and north arrow shown on it. Existing buildings and structures shall be identified. If no such structures exist within the project boundary or within one hundred fifty (150) feet of the map boundary, a note to that effect shall be stated on the face of the map.

5. The distance from the structures to the boundary lines of the new lot(s) on which the structures are located. Such distances shall be established by a registered civil engineer or licensed land surveyor's survey when deemed necessary by the planning director.

6. Names, location, road number, purpose, and width of all existing and proposed rights-of-way, pedestrian ways, easements, streets, and appurtenant utilities on site or adjacent to the site.

a. Existing off-site easements that are within two hundred (200) feet of the exterior map boundary need not be shown on the tentative map, unless the easements appear on recorded tract and/or parcel maps or engineering and survey services department case maps. Record information shall be shown as follows:

(1) Easements within one hundred fifty (150) feet of the exterior map boundary.

(2) Road easements only from one hundred fifty (150) feet and two hundred (200) feet of the exterior map boundary.

b. Any public streets or public easements to be abandoned through the recordation of the map pursuant to Section 66434(g) of the California Subdivision Map Act shall be located and labeled by reference to the recording data or other official record that created it. The public street or public easement shown shall also be labeled "proposed for abandonment through this map" to facilitate public notification. No public easement vested in another public entity shall be abandoned through this process if that public entity objects to the proposed abandonment.

7. Location, approximate width, centerline, and gradient of all watercourses, drainage channels, existing and proposed drainage easements, drainage structures within the map boundary, and any drainage channels outside the map boundary that may likely affect property within the map boundary.

8. Approximate high water lines in lake or reservoir areas and areas subject to inundation.

9. North arrow.

10. Map scale.

11. Location of any earthquake fault zone delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zones Act.

12. Location of all proposed drainage structures, constructed channels, sumps, and other appurtenances. A drainage plan shall be submitted when required by county departments.

13. Direction and gradient of street drainage by arrows.

14. In mountainous and hilly terrain, cut and fill slope limits shall be shown on all proposed road and drainage facilities.

15. A vicinity map.

16. Description of the project, including the following information:

a. Total project area (gross and net), number of lots to be created, and minimum lot area.

b. Existing and proposed land uses.

c. General plan designation and existing and proposed zoning.

d. Proposed source of domestic and fire protection water supply.

e. Proposed method of sewage disposal.

f. If phasing is proposed, it shall be noted on the tentative tract map.

g. Proposed street and highway improvements.

H. Environmental documentation.

I. Preliminary title report, not over ninety (90) days old (three (3) copies).

J. Additional Reports and Data. Except where waived by the appropriate department or agency noted, every tentative tract map submittal shall be accompanied by the documents noted in the subsequent subsections. Further, it shall be the responsibility of the subdivider or his/her authorized agent to determine the necessity of such documents prior to submittal of the proposed tract map to the planning department, and the responsibility of the applicable department or agency to furnish such waiver to the planning department in writing prior to submittal of the proposed tract to the subdivision review committee. A copy of such waiver shall also be furnished to the subdivider or his/her agent.

1. A lot use feasibility study which demonstrates to the environmental health services department, roads department, engineering and survey services department, and planning department that the proposed subdivision and its design and access roads are suitable to serve the intended use of the property and will not have any adverse effect upon the probable future use, development, or subdivision of other property in the surrounding area. The lot use feasibility study shall show proposed building sites, existing and preliminary final grades and, where applicable, the proposed location of septic systems and leach lines. In areas containing steep slopes, the lot use feasibility study shall demonstrate compliance with the hillside development requirements contained in Chapter 19.88 of the Kern County zoning ordinance and shall specify any necessary measures to control erosion and sedimentation. The lot use feasibility study shall be considered only as an informational document or guide, and shall not be deemed to regulate any future use, development, or subdivision of other property.

2. A flood hazard study/drainage plan shall be required for a tentative tract map and parcel map. This study shall be prepared by a registered civil engineer and shall address the following items:

a. Provisions of the floodplain management ordinance.

b. Evaluation and mitigation of potential flood hazards as a result of occurrence of the base flood, as required by the floodplain management ordinance.

c. Suitability of the site for the intended use where a special flood hazard condition exists. This includes the ability to receive off-site floodwaters and discharge them as nearly as possible in the manner and location which existed prior to development.

d. Effect of the proposed improvements on the carrying capacity of existing natural drainage channels and flood control facilities or other appurtenances.

e. Provisions for erosion control, including the prevention of sedimentation or other damage to property or improvements within or without the subdivision.

f. A drainage plan which proposes mitigation measures for any increase of the flow of runoff resulting from the proposed development shall be submitted when required by Kern County departments.

3. A geologic hazards report prepared and signed by a registered geologist or engineering geologist which demonstrates conditions of the site, including description of the geology of the site. This report shall include conclusions and recommendations for mitigation measures with regard to the effect of the geologic conditions on the proposed development. It shall include, but not be limited to, the consideration of:

a. Maximum credible earthquake and maximum expected bedrock accelerations,

b. Faulting,

c. Landslides/rock falls,

d. Land subsidence,

e. Liquefaction, as required.

Such report shall be filed with the planning director and reviewed and approved by the director of the engineering and survey services department.

No final tract map shall be approved, certified, or recorded if any geologic report required as a condition of approval of the tentative tract map has not been furnished or has been determined to be inadequate by the director of the engineering and survey services department.

Where a geologic report has been required pursuant to the Alquist-Priolo Earthquake Fault Zone Act and furnished in conformity with this subsection, a notice shall be placed on the tract map as recorded in substantially the following form:

NOTICE IS HEREBY GIVEN that all or part of the area within the subdivision shown on this map lies within a Earthquake Fault Zone (hazardous fault zone) delineated by the State Geologist, pursuant to the Alquist-Priolo Earthquake Fault Zones Act (commencing with Section 2621 of the California Public Resources Code), the boundaries of which are delineated on this map. In accordance with said Act, a geologic report has been prepared by a registered geologist (showing his name and address) defining and delineating a hazard of surface fault rupture and directed to the problem of potential surface fault displacement, if any, within the boundaries of the subdivision. A copy of such report is on file with the Engineering and Survey Services Department. Under the Building Code of Kern County, no building permit or installation permit may be issued for any dwelling, mobilehome, or other structure for human occupancy located in any hazardous area as shown in such geologic report.

4. Additional details regarding the proposed water supply, including proposed fire flows as required by the environmental health services department and fire department. Typically, a valid "will serve" letter from the provider of such service will satisfy this submittal requirement.

5. Additional details regarding the proposed sewage disposal systems as required by the environmental health services department. Typically, a valid "will serve" letter from the provider of such service will satisfy this submittal requirement.

6. A soils report, based on adequate test borings, prepared and signed by an engineer with the authority to use the title "soils engineer," shall address the suitability of the site as required by the environmental health services department and the planning department.

7. Sufficient number of "blue line" prints of the proposed map, as determined by the planning department, folded to eight and one-half (8½) inches by eleven (11) inches, and one (1) legible reduction of the proposed map to eight and one-half (8½) inches by eleven (11) inches.

8. Hazardous waste verification statement, as required by Section 65962.5 of the California Government Code.

K. Requests for waiver of signatures of the owners of interests in or rights to minerals, together with the right of surface entry, shall be filed before the application for a tentative tract map is deemed complete, in which case the tentative tract map shall be designed to provide for mineral extraction as provided for in this section. Applicants for tentative tract maps who did not request a waiver of signatures for mineral rights owners, but who are subsequently unable to comply with the requirements for signatures must process a revised tentative tract map or modification of condition that includes the required documentation and any necessary changes to the map, together with any necessary zoning changes for consideration by the planning commission and, when applicable, the board of supervisors. All such requests shall be accompanied by documentation that adequately supports all of the following findings:

1. Waiver of the requested signatures of the owners of interest can be determined to be in the public interest that development not be prevented.

2. It can be determined that the surface owner has exhausted all reasonable means for locating owners of interest and obtaining their signatures.

3. In the case of requests for waiver of signatures of oil and/or gas mineral rights owners, in addition to the above findings, it can be determined that the proposed tract provides for future development of mineral rights through the establishment of a zoning district, pursuant to the Kern County zoning ordinance, that permits the exploration and extraction of the underlying oil and/or gas minerals as a matter of right. The requirement for establishing such a zoning district shall not apply to tentative tract maps filed for the exclusive purpose of converting existing buildings into condominiums, community apartment projects, or stock cooperatives, where no changes in zoning district classification are otherwise required.

(Ord. G-7629 § 21, 2007; Ord. G-6533 § 3 (part), 1998)

A tentative and final tract map filed as a reversion to acreage must comply with the provisions of Chapter 6, Reversions and Exclusions, Article 1, Reversion to Acreage, Sections 66499.11 through 66499.20 3/4, inclusive, of the Subdivision Map Act.

(Ord. G-6533 § 3 (part), 1998)

A. An applicant for a tentative tract map shall submit an application and map to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by subsections 18.15.030(A) through 18.15.030(K), unless the planning director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the board of supervisors. No application shall be deemed complete until the required filing fee has been received and accepted for processing.

B. The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

(Ord. G-7629 § 23, 2007; Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-7850, § 2, 3-31-09)

A. A financing tentative tract map is a tentative tract map which is not required to meet otherwise applicable standards, including infrastructure improvements and bonding, when the tract creates individual legal parcels solely for the purpose of obtaining financing without encumbering the remainder of the project site.

B. A financing tentative tract map shall be submitted, reviewed and approved in conformance with the requirements and procedures established in Chapter 18.15.

C. An applicant may submit an application for a financing tentative tract map if, prior to submittal, the subject property meets all of the following criteria:

1. The site is under a single ownership.

2. The site is within an adopted specific plan.

3. All required specific plan designations have been approved by the board of supervisors.

4. Zoning designations are consistent with the specific plan designations.

5. All areas zoned for commercial and/or industrial designation also have the PD (precise development combining) district overlay.

6. Lot configuration is consistent with the approved circulation for the specific and/or general plan.

7. The property owner has provided assurances satisfactory to the county. Examples of such assurances include an appropriately worded letter of credit, funded capital improvement district, development agreement, or other approved mechanism.

Determination that the proposed site meets the criteria for a financing tentative tract map shall be the decision of the planning director.

D. The final map for any approved financing tentative tract map shall always include the following note:

THIS MAP IS FOR FINANCING PURPOSES ONLY; NO DEVELOPMENT IS APPROVED OR AUTHORIZED.

No grading or building permits will be issued for any lot shown on this final financing Tract Map _______ (insert tract number) until subsequent tract maps and/or precise development plans are processed and approved in compliance with the requirements of the ________________ (insert Specific Plan name) Specific Plan, Kern County Land Division Ordinance, Kern County Development Standards, Kern County Zoning Ordinance, and the assurances regarding compliance with otherwise applicable standards.

(Ord. G-6533 § 3 (part), 1998)

A. Upon acceptance of the tentative tract map as complete and payment of filing fees, the planning department shall distribute the map, data and documents to the various county departments and public agencies concerned in such matters, with a request for submission of written recommendations thereon to the subdivision review committee.

B. Per Section 66413.7 of the Map Act, the Advisory Agency shall notify the State Department of Education, in writing, of the proposed map if the map contains an area for development of a public school site.

C. The general policy shall be to allow at least twenty (20) calendar days between the filing of the map or completion of any required environmental document and the date of the review thereof by the subdivision review committee, so as to provide a reasonable opportunity for review of such matters by the county departments and public agencies concerned.

D. Upon a determination that the application is complete and payment of filing fees, the general policy of the subdivision review committee shall be to, within thirty (30) calendar days, review such map and the data, documents and applications relating thereto, including applications for development variations and limited design variations.

E. At least three (3) days prior to the subdivision review committee meeting to consider a tentative tract map, each member of the committee shall issue to the engineer or surveyor a staff report or written recommendations which may include the following information:

1. Any requirement or condition with respect to the tentative tract map or division of land which the subdivision review committee proposes to recommend to the planning commission;

2. Any grounds for disapproval of the tentative tract map;

3. Any grounds for approval or disapproval of a requested development variation and/or limited design variation, and a brief statement of the grounds therefor.

(Ord. G-6533 § 3 (part), 1998)

A. When an application has been submitted in accordance with Section 18.15.030, and deemed complete in accordance with Section 18.15.040, the planning director shall set the application for a public hearing.

B. At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1. Publishing such notice once in a newspaper of general circulation.

2. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, to the owners of all property within five hundred (500) feet if the majority of those properties are less than two and one-half (2½) acres (gross) in size and one thousand (1,000) feet, if the majority of those properties are two and one-half (2½) acres (gross) or greater in size, of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last equalized assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice.

3. In lieu of the requirements set forth above in Section 18.15.030(B)(2)(a), notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property.

C. Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative tract map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning commission in connection with action on the tentative tract map. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

(Ord. G-7629 § 25, 2007; Ord. G-6533 § 3 (part), 1998)

A. The planning commission shall receive a report from the planning department and take action concerning the tentative tract map within fifty (50) days after the tentative tract map application has been determined by the planning director to be complete. The time period shall commence after certification of the environmental impact report, adoption of a negative declaration, or upon a determination by the department that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. In order to concurrently process a tentative tract map where a general plan amendment, zone change or other legislative act is required for the county to be able to consider map approval, these time limits shall commence on the effective date of the required legislative action. The decision shall be final subject to appeal in accordance with this chapter. An applicant, before a final vote is taken, may, to benefit him or herself, request a continuance on the matter beyond the fifty (50) days provided in this section. The time limits for acting on tentative tract maps as specified in this chapter may be extended by mutual consent of the applicant and the planning department evidenced in writing.

B. Written notice of such decision shall be given by mail within five (5) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as the case may be. Such notice may also be given, at the discretion of the planning director, by personal delivery, with the same effect as if mailed.

C. The decision of the planning commission shall be final upon adoption of an order or resolution containing its determination expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the planning director within such time.

D. If no action is taken by the planning commission within the time limits specified in this section, the tentative tract map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the California Subdivision Map Act, the California Environmental Quality Act of 1970 as amended, this title, the Kern County Ordinance Code, and the general plan.

(Ord. G-6533 § 3 (part), 1998)

A. Any decision of the planning commission made pursuant to this section shall be subject to appeal to the board of supervisors.

B. The applicant or any other interested person adversely affected by the decision may appeal from such decision by filing a written notice of appeal with the planning director within ten (10) days from the date of decision of the planning commission. The planning director shall finish forms of notice of appeal. The appeal shall be accompanied by the applicable fee.

C. Upon the filing of an appeal, the board of supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. Action on the appeal, as required by the Subdivision Map Act, shall be taken by the board of supervisors within ten (10) days following the conclusion of the hearing.

D. Notice of the hearing on the appeal shall be given in the manner and time provided in Section 18.15.052, or such lesser time as the planning director approves, but in no case shall notice be less than five (5) days.

E. The board of supervisors may reverse, affirm wholly or partly, modify or attach other or additional conditions to the appealed decision.

F. The decision of the board of supervisors on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given.

G. If no action is taken by the board of supervisors on the appeal within the time limits specified in this section, the tentative map shall be deemed to be approved or conditionally approved as last approved or conditionally approved, if it complies with all other applicable provisions of the California Subdivision Map Act, the California Environmental Quality Act of 1970, as amended, this title, the Kern County Ordinance Code, and the Kern County general plan.

(Ord. G-6533 § 3 (part), 1998)

A. Subject to the provisions of the California Environmental Quality Act of 1970, the state CEQA guidelines, and the county guidelines, the planning commission shall review and consider any applicable environmental documents.

B. In reaching a decision upon the tentative tract map, the planning commission shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

C. The tentative tract map may be approved or conditionally approved by the planning commission if it finds that the proposed land division together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of the Kern County Ordinance Code.

D. The planning commission shall consider the recommendation of the subdivision review committee and may modify or delete any of the conditions of approval recommended in the subdivision review committee's report. The planning commission may add additional requirements as a condition of its approval.

E. The tentative tract map may be denied by the planning commission on any of the grounds provided by the California Subdivision Map Act or this title. The planning commission shall deny approval of the tentative tract map if it makes any of the following findings:

1. That the proposed map is inconsistent with the general plan, any applicable specific plan, or any applicable provisions of the Kern County Ordinance Code;

2. That the site is not physically suitable for the proposed type of development;

3. That the site is not physically suitable for the proposed density of development;

4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the planning commission may approve such a tentative tract map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) subdivision (a) of Section 21081 of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

5. That the design of the subdivision or the proposed improvements are likely to cause serious public health problems;

6. That the design of the subdivision or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the planning commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. G-6533 § 3 (part), 1998)

A. The applicant may file a petition requesting one (1) or more development variations. Such variation requests should be filed with the tentative tract map application. Application for development variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample.

B. The planning commission may approve or conditionally approve a variation if it finds:

1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation; and

2. Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

C. The planning commission may condition approval of a variation as it deems necessary to substantially secure the achievement of the objectives of this title and to conform to the requirements of this section.

D. The planning commission shall give notice and conduct a hearing on each proposed variation in the manner provided in Section 18.15.052. If disapproved, the variation shall not be applied for or heard again in connection with the same tentative tract map unless it is shown there has been a substantial change in circumstances or a substantial redesign of the tentative tract map.

E. In such instances where a tentative tract has been filed concurrent with, and will be considered by the subdivision review committee and the planning commission concurrent with a cluster plan (Chapter 19.58 of the zoning ordinance), it shall not be necessary to file a variation to deviate from the following design standards:

Section 18.55.050(B)(1)(c)—local street width, as it applies to interior streets within the tentative tract/cluster plan;

Section 18.55.050(C)(1)(a) and (b)—public access, as it applies to interior streets within the tentative tract/cluster plan;

Section 18.55.050(D)(2)—two (2) tiers of lots;

Section 18.55.050(F)(1)—lot width and depth;

Section 18.55.050(F)(4)—double-frontage lots; and

Section 18.55.050(F)(6)—key lots.

Any deviations from the above-listed sections shall be labeled and identified on the tentative tract map. If deviations are not identified, then such sections shall remain applicable to the tract design. The subdivider shall justify each deviation, in writing. Justification shall include evidence which proves that the proposed deviation(s) is demonstratively superior to the ordinance design criteria. Justification shall be based on:

1. Provision of open space;

2. Overall enhancement of the community environment;

3. Compatibility with uses in the area.

In such instances where deviations are proposed, the subdivision review committee shall have authority to review and make recommendations on the proposed cluster plan. The development shall comply with any additional conditions deemed necessary or appropriate by the subdivision review committee, or the planning commission, to promote the public health, safety and welfare. The subdivision review committee shall retain authority to recommend disapproval, and the planning commission shall retain authority to disapprove, any or all proposed deviations if it is found that the deviation is not justified based on the above-stated criteria or the deviation will be detrimental to the public health, safety or welfare.

F. The planning commission may, in their reasonable discretion, waive improvement and/or dedication requirements of the land division ordinance during the public hearing for tentative approval of a tract map without the need to consider a separate variation request, if the subdivision review committee has initiated and recommends approval of such a waiver. However, the planning commission shall not consider such a waiver in conjunction with the tentative tract if the applicant has initiated the request (i.e., if applicant has not filed a duly advertised variation petition) or if the subdivision review committee has not considered such a waiver. In such instances where the applicant initiates the request for waiver of requirements, it shall only be considered after proper filing, notification and processing of a variation request.

(Ord. G-7629 § 27, 2007; Ord. G-6533 § 3 (part), 1998)

A. The applicant may file a petition requesting one (1) or more limited design variations as specifically provided for in this title or in the development standards. Matters which are subject to limited design variations mentioned in this section are identified in this title. The subdivider shall submit his/her written application for the limited design variation(s) with the tentative tract map application.

B. Application for a limited design variation may be accepted for specified deviations from the Kern County development standards and the following standards. Deviations from the improvement requirements specified in Section 18.55.030, Section 18.55.040, and Section 18.55.050 shall be processed as a development variation (Section 18.15.070). Any deviation to the Kern County development standards that does not require consideration as a limited design variation, as specified therein, shall be considered as a limited exception, as provided for in Section 18.10.060(E) of this title.

1. 18.55.050(D)(1)—blocks in excess of one thousand three hundred twenty (1,320) feet.

2. 18.55.050(D)(2)—blocks less than two (2) tiers of lots wide.

3. 18.55.050(F)(3)—lot depths greater than three (3) times the width.

4. 18.55.050(F)(4)—double-frontage lots.

5. 18.55.050(F)(6)—key(reverse corner) lots.

C. An application for a limited design variation shall include the following information:

1. Name of applicant (subdivider);

2. Name of registered civil engineer or licensed land surveyor;

3. Tract map number to which the request applies;

4. A written explanation that justifies approval of the request;

5. A design sample that illustrates how the map would appear if the limited design variation is not granted.

D. The subdivision review committee may approve or conditionally approve the limited design variation if it finds:

1. Approval of the limited design variation is justified based on the design, location, topography, street, or circulation patterns affecting the proposed subdivision; and

2. Approval of the limited design variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

E. The decision of the subdivision review committee to approve, conditionally approve, or deny any limited design variation shall be final except when the subdivider is not in agreement with the action taken by the subdivision review committee, in which case the planning commission shall make the final determination.

(Ord. G-7629 §§ 29-31, 2007; Ord. G-6533 § 3 (part), 1998)

In approving the tentative tract map, the planning commission may impose as conditions of filing a final tract map any or all, but not limited to, the following requirements:

A. On-site improvements;

B. Off-site improvements;

C. Dedications;

D. Payment of applicable fees;

E. Filing and approval of soils and/or engineering geology report;

F. Undergrounding utility lines on peripheral streets;

G. Compliance with mitigation measures contained in the applicable environmental document;

H. Removal of obstructions;

I. Flood and drainage requirements.

(Ord. G-6533 § 3 (part), 1998)

Condominiums, community apartment projects, and stock cooperatives are defined as "common interest developments" in Section 1351 of the California Civil Code. State regulations applicable to common interest developments can be found, but are not limited to, the California Civil Code, Government Code (State Subdivision Map Act, Business and Professions Code, Health and Safety Code, and Administrative Code.

The construction of new condominiums must meet all currently adopted Uniform Building, Plumbing, Electrical, Housing, and Fire Codes and shall additionally comply with the Special Development Standards contained in Chapter 19.80 of the Kern County zoning ordinance.

The conversion of existing buildings to condominiums, community apartment projects, and stock cooperatives are subject to special requirements related to notification of tenants as set forth in Sections 66412(h) and 66427.1 of the Government Code, and all such notification requirements must be satisfied before a final map will be accepted for processing.

Prior to recordation of a final map, a condominium plan shall be approved by the California Department of Real Estate. Variances to lot size and setback requirements contained in the Kern County zoning ordinance and development variations and limited design variations, as set forth in this title, are not applicable to common interest development subdivisions, except for those development variations and limited design variations that specifically apply to the design and construction of improvements required by this title.

A. Submittal Requirements. Applications to process tentative maps for condominiums, community apartment projects, and stock cooperatives include all the information normally required for the procession of tentative maps as set forth in this title and following additional information:

1. Tentative and final subdivision maps shall include a prominent statement that the submitted map is "for condominium purposes." The subdivision map may additionally include the proposed division of real property into smaller lots of record. Each lot, including the area to be owned in common, shall be assigned a lot number. While the airspace division of buildings need not be shown, building footprints shall be depicted as shaded areas, and building dimensions shall be included. The boundaries of the proposed common lot shall be boldly depicted.

2. A written narrative shall be submitted which describes which units, areas, and structures will be individually owned, including appurtenant structures, and which areas, structures, or amenities will be owned in common.

3. A comprehensive landscaping and maintenance plan shall be submitted, together with a written narrative describing the manner in which landscaping and irrigation systems will be maintained.

4. For the conversion of existing buildings into condominiums, community apartment projects, and stock cooperatives, the following additional information shall be provided. Projects involving only new buildings and structures that have been constructed, but have not been certified for final occupancy, shall not be treated as a conversion for the purposes of this subsection.

a. A description of how the subdivider will be complying with the notification requirements set forth in Section 66427.1 and a copy of all forms that will be used to satisfy those requirements.

b. A structural report, prepared by a California licensed architect, civil or structural engineer, or qualified contractor, as determined by the Director of the Engineering and Survey Services Department, shall be submitted which describes the structural condition of each building and structure on the property. The report shall include a description as to whether or not the buildings on site comply with currently adopted Uniform Fire Code requirements. The report shall further include a description of all unsafe or dangerous structural, electrical, and plumbing-related conditions that may warrant repair or replacement prior to occupancy.

c. A structural pest report, prepared by a California licensed structural pest control operator, relating to the presence or absence of wood-destroying pests or organisms and dry rot.

d. A report prepared by a California licensed architect, civil or structural engineer, or qualified contractor, as determined by the director of the engineering and survey services department, demonstrating what additional work is required to meet currently adopted Uniform Building Code requirements related to soundproofing between individual units and between individual units and areas to be used in common.

B. Development Standards.

1. New common interest developments shall demonstrate compliance with the special development standards that are applicable to multifamily residential projects as set forth in Chapter 19.80 of the Kern County zoning ordinance.

2. Each unit to be individually owned shall be provided with separate utility meters, unless otherwise approved by the director of the Kern County engineering and survey services department. Centralized electrical cut-off panels shall be provided on the exterior of each building for use by the Kern County fire department in a fire emergency, unless the fire department approves an alternative design for emergency electrical cut-off for the complex.

3. Separate electrical panels and circuit breakers shall be provided in the interior of each unit to be individually owned.

4. Separate water shut-off valves shall be provided in each unit to be individually owned.

5. Common walls, ceilings, and floors between individual units and between individual units and areas to be used in common shall meet soundproofing standards contained in the currently adopted Uniform Building Code.

C. Conditions of Approval. Conditions of approval may be adopted in conjunction with tentative map approval to ensure compliance with all applicable codes and regulations and the requirements of the applicable adopted general or specific plan.

(Ord. G-7629 § 33, 2007: Ord. G-6533 § 3 (part), 1998)

A. Expiration.

1. The approval or conditional approval of the tentative tract map shall expire thirty-six (36) months from the effective date of its approval unless otherwise provided by the California Subdivision Map Act.

2. The period of time specified in Section 18.15.100(A)(1) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative tract map only if a stay of the time period is approved by the planning commission. Within ten (10) calendar days of the service of the initial petition or complaint upon the county, the subdivider shall, in writing, to the planning department, request a stay in the time period of the tentative tract map. Within forty (40) calendar days after receiving such request, the planning commission shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be approved or denied only after a hearing with notice to the subdivider and to the plaintiff. Upon conclusion of the hearing, the planning commission shall, within ten (10) calendar days, declare its findings

3. The period of time specified in Section 18.15.100(A)(1) shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in effect according to Section 66452.6(f) of the California Subdivision Map Act.

4. The expiration of the approved or conditionally approved tentative tract map shall terminate all proceedings, and no subdivision map of all or any portion of the real property included within the tentative tract map shall be filed without first processing a new tentative tract map.

5. If the fully completed and signed final tract map and agreement, if any, are submitted for approval, processing and recording may occur after the expiration date of the tentative tract map.

B. Extensions.

1. The property owner, subdivider, or engineer may request an extension of the expiration date of the approved or conditionally approved tentative tract map by written application to the planning department. The application shall be filed prior to the expiration date, including any automatic map extensions, approved from time to time by the legislature. Requests for a discretionary extension of time shall not be accepted if more than six (6) months remain to the date of expiration. The request shall state the reasons for requesting the extension and the amount of time requested.

2. The planning commission shall approve, conditionally approve, or deny the request for extension. Not more than three (3) extensions shall be approved for a tentative tract map, and the total period of all extensions shall not exceed thirty-six (36) months. The extension of time shall commence with the expiration date of the approved or conditionally approved tentative tract map. In no case; however, shall the approved new expiration date extend more than that period allowed by the California Subdivision Map Act (Section 66452.6).

3. For extension requests related specifically to vesting tentative tract maps, any discretionary extension of time that will extend the approval date to after June 12, 2011, shall be conditioned to require the payment of those traffic impact fees that are in effect at the time building permits are applied for on any lot within the recorded map or phase thereof. The board of supervisors hereby finds that, pursuant to Section 66498.1 of the Subdivision Map Act, failure to provide adequate funding for road and circulation system improvements will lead to increased traffic congestion which will result in increased air pollution and greenhouse gases that will directly result in adverse health impacts on the future residents of any new subdivision and existing and future residents in the immediate vicinity of the subdivision within the applicable traffic impact fee area. Application processing fees for vested maps do no vest because they represent the developer's share of the cost of providing those processing services.

(Ord. G-7629 § 34, 2007; Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-7850, § 4, 3-31-09)

A. Minor revisions to the tentative tract map may be approved by the planning director as being in substantial conformity with the originally approved map, upon application by the subdivider or his/her authorized agent, provided that:

1. Such changes are consistent with the intent of the original tentative tract map approval;

2. The original conditions need not be modified; and

3. There are no resulting violations of the Kern County Ordinance Code.

4. There are no changes in the proposed location of perimeter roads or the proposed point of access from internal local roads to adjacent arterials or collectors.

5. Final lot yield is within ten percent (10%) of the number of lots shown on the approved tentative tract map and any additions to lot yield do not create any significant design or public safety issues and will not create adverse impacts to surrounding properties.

6. Such changes are consistent with all mitigation measures and design features required by the environmental document adopted in conjunction with tentative map approval.

B. Approved revisions shall be denoted on the approved tentative tract map and/or in writing to the subdivider, whichever is appropriate.

C. No revision shall affect the expiration date of the approved tentative tract map.

D. The planning director may require a new tentative tract map application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing.

(Ord. G-7629 § 35, 2007; Ord. G-6533 § 3 (part), 1998)

The applicant may request the withdrawal of the tentative tract map at any time prior to the recordation of the final tract map. Notice of said request for withdrawal shall be made in writing and shall be filed with the planning director and the director of the engineering and survey services department. Withdrawal of a tentative tract map shall be final and no further action shall be allowed on such map.

(Ord. G-7629 § 37, 2007: Ord. G-6533 § 3 (part), 1998)