Kern County Municipal Code Ch. 18.25 Parcel Maps and Application Contents

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

(Ord. G-6533 § 3 (part), 1998)

Tentative and final parcel maps shall be required for all divisions of land not requiring a tract map as described in Section 18.15.020 or exempted by Section 18.05.040 of this title.

(Ord. G-7629 § 38, 2007; Ord. G-6533 § 3 (part), 1998)

The application for a tentative parcel 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 parcel map, prepared by a licensed land surveyor or a registered civil engineer authorized to perform land surveying, a minimum size of eighteen (18) by twenty-six (26) inches 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 percent (1%) for any portion of the tentative parcel map or within seventy-five (75) feet of the tentative parcel map boundary, existing contour lines for the area within the parcel map and for an area within seventy-five (75) feet of the tentative parcel map boundary shall be clearly shown. Additional contour lines covering areas in the vicinity of the tentative parcel map 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 parcel 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 parcel created shall be designated on the tentative parcel 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.

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 parcel map plotted on it. The drawing shall extend one hundred fifty (150) feet beyond the parcel map boundaries and have a scale and north arrow shown on it. Existing structures and buildings 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 parcel(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. a.

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.

b. 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:

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

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

c. Any public streets or public easements to be abandoned through the recordation of the map pursuant to Section 66445(j) 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, and 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. Proposed improvements, including, but not limited to, curbs, gutters, sidewalks, water source, sewage disposal facilities, and fire protection facilities.

13. A vicinity map.

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

a. Total project area (gross and net) and number of parcels to be created.

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. Other information deemed necessary by the planning director.

H. Environmental documentation.

I. Preliminary title report, not over ninety (90) days old (two (2) copies).

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

1. A lot use feasibility study which demonstrates to the environmental health services department, engineering and survey services department, roads department, and planning department that the proposed subdivision and its design and access roads 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 geologic hazards study shall be required where any part of the land shown on a tentative parcel map is located within a earthquake fault zone (hazardous fault zone), as delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zones Act (commencing with Section 2621 of the Public Resources Code). In such cases, the subdivider shall file with the planning director, prior to approval, certification, or recordation of a subdivision map, a geologic report prepared by a geologist registered in the state of California, defining and delineating any hazard of surface fault rupture and directed to the problem of potential surface fault displacement within the boundaries of the subdivision. The report shall be in conformity with the policies and criteria of the State Mining and Geology Board (Title 14, Division 6, Chapter 8, Subchapter 1, California Administrative Code) and the Guidelines for Evaluating the Hazard of Surface Fault Rupture, promulgated by the California Division of Mines and Geology (Appendix C, Special Publication 42, Revised January 1977), and as the same may be amended or revised from time to time. 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 parcel map shall be approved, certified, or recorded if any geologic report required as a condition of approval of the tentative parcel 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 and furnished in conformity with this subsection, a notice shall be placed on the parcel 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.

The foregoing requirements for a geologic report shall not apply in any of the following cases:

a. Where the planning director has determined, in the exercise of his/her reasonable discretion, that the tentative parcel map is not for a development which contemplates eventual construction of structures for human occupancy.

b. Where the director of the engineering and survey services department has determined, on the basis of evidence or recommendations provided by a registered geologist, that no undue hazard of surface fault rupture exists, and has waived the requirements for a geologic report, with approval of the State Geologist, in accordance with Section 2623 of the California Public Resources Code.

c. In case of a parcel map designed and zoned solely for four (4) or fewer single-family dwellings or mobilehomes, provided that the planning director shall require as a condition of the approval of the tentative parcel map that no building permit or installation permit will be issued for any dwelling, mobilehome, or other structure for human occupancy on any parcel within such Earthquake Fault Zone, until the subdivider furnishes a geologic report made by a geologist registered in the state of California, and evaluated and approved by the director of the engineering and survey services department, defining and delineating a hazard of surface fault rupture and directed to the problem of potential surface fault displacement within such lot, if any, in conformity with the policies and criteria of the State Mining and Geology Board (Title 14, Division 6, Chapter 8, Subchapter 1 of California Administrative Code) and the Guidelines for Evaluating the Hazard of Surface Fault Rupture, promulgated by the California Division of Mines and Geology (Appendix C, Special Publication 42, Revised January 1977) and as the same may be revised from time to time.

3. Additional details regarding the proposed water supply, including proposed fire flows as required by the environmental health services department and the fire department;

4. Additional details regarding the proposed sewage disposal systems as required by the environmental health services department;

5. 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.

6. 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.

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

(Ord. G-7629 § 39, 2007; Ord. G-6533 § 3 (part), 1998)

A tentative and final parcel 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 ¾, inclusive, of the Subdivision Map Act.

(Ord. G-6533 § 3 (part), 1998)

A. An applicant for a tentative parcel 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 Section 18.25.030, 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-6533 § 3 (part), 1998)

(Ord. No. G-7850, § 6, 3-31-09)

A. Review and Approval by the Planning Director. Upon a determination that the application is complete, the planning director shall act to approve, conditionally approve, or disapprove the tentative parcel map within fifty (50) calendar days, unless a public hearing is requested in accordance with Section 18.25.050(B)(2), in which case the developer shall sign an agreement extending the time limit to allow adequate time for conducting a public hearing. If a hearing is requested, it shall be held within forty-five (45) days from the date the request is received. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the planning department as evidenced in writing. These time periods shall commence after certification of the environmental impact report, adoption of a negative declaration, or upon a determination by the planning director 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 parcel map where a general plan amendment, zone change, or other legislative act is required by the county board of supervisors prior to map approval, these time limits shall commence on the effective date of the required legislative action.

B. Right to a Public Hearing.

1. No later than twenty (20) days prior to expiration of the time for action, the planning director shall give notice that the applicant or any interested person may, within ten (10) days, request a hearing on the tentative parcel map and other matters required to be considered by the planning director in connection with his/her action thereon, or on any separate request for a design and development standard variation.

a. Such notice shall state that, if no person files a request for hearing within the time provided in this section, the planning director will promptly consider the matter and make his/her decision thereon.

b. Such notice shall also state that any interested person may examine the tentative parcel map, as well as any variation request, advance report, lot use feasibility study or environmental documents pertaining thereto, at the office of the planning director during regular business hours.

c. Such notice shall be given in the manner provided in Section 18.25.050(D).

2. The applicant or any interested person may, not later than ten (10) days after the date of such notice is given, file with the planning director a written request for a hearing.

3. If a request for hearing is filed within the time provided in Section 18.25.050(B)(2), the planning director shall set the application(s) for a public hearing.

4. If no request for hearing is filed within the time provided in Section 18.25.050(B)(2), no hearing shall be required and the planning director shall promptly consider the tentative parcel map, render his/her decision, and give notice thereof in the manner provided in this section.

C. Reports and Recommendations. A copy of any report or recommendation on the tentative parcel map prepared by the planning department shall be mailed to the applicant or his/her authorized agent at least fifteen (15) days prior to the proposed date of action and/or scheduled public hearing by the planning director.

D. Notice and Hearing.

1. Notice of Hearing. At least ten (10) calendar 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:

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

b. 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.

c. In lieu of the requirements set forth above in Section 18.25.050(D)(1)(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.

2. Public Hearing. A public hearing shall be held before the planning director at a time and place in accordance with the public notice. The planning director may establish his/her own 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 parcel map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning director in connection with his/her action on the tentative parcel map. Any hearing may be continued provided that prior to adjournment or recess, the planning director or his/her designated representative shall announce the time and place to which the hearing will be continued.

E. Decision.

1. The planning director shall approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section 18.25.050(F).

2. Written notice of such decision shall be given by mail within seven (7) 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. Said notice may also be given, at the discretion of the planning director, by personal delivery, with the same effect as if mailed.

3. The decision of the planning director shall be final on 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.

4. All conditions of approval shall be final, and a subsequent request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, in accordance with the procedure specified in Section 18.25.050(B), unless said conditions are appealed pursuant to Section 18.25.050(F).

F. Appeal.

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

2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the board of supervisors.

3. 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.

4. Notice of the hearing on the appeal shall be given in the manner and time provided in Section 18.25.050(D).

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

6. 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.

(Ord. G-7629 §§ 39, 40, 2007; 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 board of supervisors designee, the planning director, shall review and consider any applicable environmental documents.

B. In reaching a decision on the tentative parcel map, the planning director 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' available fiscal and environmental resources.

C. The tentative parcel map may be approved or conditionally approved by the planning director if he/she 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 tentative parcel map may be denied by the planning director on any of the grounds provided by the California Subdivision Map Act or this title. The planning director shall deny approval of the tentative parcel map if he/she 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 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 director may approve such a tentative parcel 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 for use of property within the proposed subdivision. In this connection, the planning director may approve a map if he/she 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 subsection 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 director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

E. Sewage disposal, water supply and measures for preservation of environmental health shall be consistent with Division Five of the Kern County environmental health services department standards and rules and regulations for land developments; provided however, that the requirements may be waived by the environmental health services director in the exercise of his/her reasonable discretion. In no event shall any requirements be waived if, in the opinion of the fire chief, such waiver would adversely affect the fire protection capabilities of the fire department.

F. The planning director shall deny approval of a tentative parcel map if he/she finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1985 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5), and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this subsection, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is less than twenty (20) acres in size in the case of prime agricultural land, or less than forty (40) acres in size in the case of land which is not prime agricultural land. For purposes of this subsection, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is at least twenty (20) acres in size in the case of prime agricultural land, or at least forty (40) acres in size in the case of land which is not prime agricultural land.

1. The planning director may approve a tentative parcel map with parcels smaller than those specified in this subsection if he/she makes either of the following findings:

a. The parcels can nevertheless sustain an agricultural use permitted under the contract or are subject to a written agreement for joint management pursuant to Section 51230.1 of the California Government Code; provided, that the parcels which are jointly managed total at least twenty (20) acres in size in the case of prime agricultural land, or forty (40) acres in size in the case of land which is not prime agricultural land; or

b. One of the parcels contains a residence and is subject to Section 428 of the California Revenue and Taxation Code; the residence has existed on the property for at least five (5) years; the landowner has owned the parcels for at least ten (10) years; and the remaining parcels shown on the map are at least twenty (20) acres in size if the land is prime agricultural land, or at least forty (40) acres in size if the land is not prime agricultural land.

2. No other homesite parcels as described in Section 18.25.060(F)(1)(b) may be created on any remaining parcels under contract for at least ten (10) years following the creation of a homesite parcel pursuant to this subsection.

3. This subsection shall not apply to land which is subject to a contract when any of the following has occurred:

a. The Local Agency Formation Commission has approved the annexation of the land to a city, and the city will not succeed to the contract as provided in Sections 51243 and 51243.5 of the California Government Code.

b. Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in Section 51245 of the California Government Code.

c. Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Section 51245 of the California Government Code, and, as a result of that notice, there are no more than three (3) years remaining in the term of the contract.

d. The board of supervisors has granted tentative approval for cancellation of the contract as provided in Section 51282 of the California Government Code, and the cancellation penalty fees have been paid.

(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 parcel 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 director is authorized to approve or conditionally approve a variation if he/she finds that:

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. Except as otherwise permitted, roads and access easements shall be subject to dust control requirements. For properties zoned for commercial or industrial use, deferral of improvements shall be limited to deferral of curb, gutter, and sidewalk.

D. The planning director may conditionally approve a variation as he/she deems necessary to substantially secure the achievement of objectives of this title and to conform to the requirements of this section.

E. The planning director shall give notice and, if requested, conduct a hearing on each proposed variation in the manner provided in Section 18.25.050(D) and shall make the findings mentioned in Section 18.25.070(B). The hearing on a variation may be conducted at the same time as the hearing on a tentative parcel map or at a different time. If disapproved, the variation shall not be applied for or heard again, except on appeal, in connection with the same tentative parcel map unless it is shown there has been a substantial change in circumstances or a substantial redesign of the tentative parcel map.

F. The hearing officer may, in his/her reasonable discretion, waive improvement and/or dedication requirements of the land division ordinance during the public hearing for tentative approval of a parcel map without the need to consider a separate variation request, if planning department staff has initiated and recommends approval of such a waiver. However, the hearing officer shall not consider such a waiver in conjunction with the tentative parcel map if the applicant has initiated the request (i.e., if applicant has not filed a duly advertised variation petition) or if the staff 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 §§ 43, 44, 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 parcel map application.

B. Application for a limited design variation may be accepted for 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 18.25.070).

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. Parcel map number to which the request applies;

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

D. The planning director may approve or conditionally approve the limited design variation if he/she 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. Exceptions specifically provided for in this title or the development standards shall be approved, conditionally approved or denied by the planning director following review of recommendations by the responsible county department(s). If denied by the planning director, the applicant may request approval of the limited design variation by the board of supervisors.

(Ord. G-7629 § 46, 2007; Ord. G-6533 § 3 (part), 1998)

In approving the tentative parcel map, the planning director may impose as conditions of filing a final parcel 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 applicable environmental documents;

H. Removal of obstructions;

I. Flood and drainage requirements.

(Ord. G-6533 § 3 (part), 1998)

A. Expiration.

1. The approval or conditional approval of the tentative parcel 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 18.25.090(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 parcel map only if a stay of the time period is approved by the planning director. Within ten (10) calendar days of the service of the initial petition or complaint upon the county, the subdivider shall request, in writing to the planning department, a stay in the time period of the tentative parcel map. Within forty (40) calendar days after receiving such request, the planning director shall either stay the time period for up to five (5) years or deny the requested stay. The request for a stay shall be approved or denied only after a public hearing with notice to the subdivider and to the plaintiff. Upon conclusion of the hearing, the planning director shall, within ten (10) calendar days, issue written findings. The decision of the planning director shall be subject to appeal to the board of supervisors according to the procedures set out in Section 18.25.050(F).

3. The period of time specified in Section 18.25.090(A)(1) shall not include any period of time during which a development moratorium, imposed after approval of the tentative parcel map, is in effect according to Section 66463.5(d) of the California Subdivision Map Act.

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

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

B. Extensions.

1. The subdivider or engineer may request an extension of the expiration date of the approved or conditionally approved tentative parcel map by written application to the planning director. 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.

2. The planning director shall approve, conditionally approve, or deny the request for extension. Not more than three (3) extensions shall be approved for a tentative parcel 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 parcel map. In no case, however, shall the approved new expiration date extend more than the period allowed by the California Subdivision Map Act.

3. If the planning director denies a subdivider's application for extension, the subdivider may appeal to the board of supervisors within ten (10) calendar days from and including the date of decision on the denial of the extension. Appeals shall be in accordance with the procedures set out in Subsection 18.25.050(F).

4. For extension requests related specifically to vesting tentative parcel maps, any 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 not vest because they represent the developer's share of the cost of providing those processing services.

(Ord. G-7629 § 48, 2007: Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-7850, § 8, 3-31-09)

A. Minor revisions to the tentative parcel 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 parcel map approval;

2. The original conditions need not be modified; and

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

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

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

D. The planning director may require a new tentative parcel 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 § 49, 2007; Ord. G-6533 § 3 (part), 1998)

The applicant may request the withdrawal of the tentative parcel map at any time prior to the recordation of the final parcel 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 parcel map shall be final, and no further action shall be allowed on such map.

(Ord. G-7629 § 51, 2007: Ord. G-6533 § 3 (part), 1998)