Kern County Municipal Code Ch. 18.30 Parcel Map Waivers

The purpose of this chapter is to set forth the requirements for the submittal, review and approval of requests for waivers of parcel map.

(Ord. G-6533 § 3 (part), 1998)

The requirements for filing a parcel map may be waived at the discretion of the planning director in any of the following cases:

A. A minor land division in which each parcel created has a gross area of forty (40) acres or more and each resulting parcel, including any designated remainder, has approved access to a public street or highway. In the case of properties subject to a Williamson Act Land Use Contract and designated 8.2, 8.3, or 8.5 by the Kern County general plan or equivalent designation of any other adopted general or specific plan, each resulting parcel, including any designated remainder, shall contain a minimum gross area of eighty (80) acres.

B. A minor division of land within a lot shown on a recorded final parcel or tract map which has been improved according to standards equal to or more stringent than those required under this title at the time the application is accepted as complete.

C. A division of land zoned for commercial or industrial purposes that complies with all of the following:

1. The property to be divided has previously been divided by either a parcel map or tract map,

2. The property is located totally within the boundaries of one (1) of the maps contained in Appendix A,

3. All improvements required by this title have been constructed and approved by the county of Kern.

(Ord. G-7629 § 52, 2007; Ord. G-6533 § 3 (part), 1998)

The application for a waiver of parcel map shall include the following information:

A. A completed Kern County land division application form;

B. Legal description of each of the proposed parcels that has been prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal;

C. Two (2) copies of a preliminary title report for all affected properties. Title reports shall name the current record owners and shall not be more than ninety (90) days old;

D. Hazardous Waste Verification Statement as required by Section 65962.5 of the California Government Code;

E. A map showing the proposed land division, shall be based on a field survey in conformity with the Land Surveyors Act (except for cases meeting the criteria of Section 18.30.020(A)) and shall be prepared by a licensed surveyor or registered civil engineer authorized to perform land surveying, legibly drawn in ink and accurately to scale on one (1) sheet of paper eight and one-half (8 ½) by eleven (11) inches in size, and including all of the following information:

1. Property lines, dimensions, bearings and distances (if not an aliquot division), and areas of the proposed parcels. Gross area shall be shown for those parcels containing two and one-half (2½) acres or larger. Net area shall be shown for those parcels containing less than two and one-half (2½) acres. If parcel area is less than one (1) acre, then area shall be expressed as net square feet. Acreage shall be shown to the nearest one-hundredth ( 1/100 ) of an acre, and square footage shall be shown to the nearest square foot. Each parcel created shall be designated on the map by a number or letter, except as provided in Section 66424.6 of the Subdivision Map Act.

2. Locations and dimensions of each existing structure, including outbuildings, distances between structures, and distances between structures and property lines of both the original parcel(s) and the proposed parcel(s).

3. Names, locations, and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed.

4. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground utility structures of any kind.

5. Location of existing domestic water supplies and existing septic tanks and disposal fields on all affected parcels.

6. Location of all watercourses, drainage channels, existing drainage structures, and springs.

7. Approximate high water lines in lakes, reservoirs, streams, and rivers.

8. Parcel map waiver number, as assigned by the planning department.

9. Assessor's parcel numbers of parcels affected by the proposal.

10. Name and address of the applicant and of the person who prepared the map.

11. Scale of map (standard engineering scale), north arrow, and vicinity map.

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

13. The following statement shall appear on the map:

"THIS MAP IS PROVIDED FOR ILLUSTRATION PURPOSES ONLY."

Items (E)(9) and (10) above may be shown on a second sheet that accompanies the map, and Items (E)(9) and (10) may be deleted from the map that is recorded with the certificate of compliance.

(Ord. G-7629 §§ 54, 55, 2007; Ord. G-6533 § 3 (part), 1998)

A. An applicant for waiver of 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 map shall contain all the information specified by Section 18.30.030, 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.

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)

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 waiver request within fifty (50) calendar days, unless a public hearing is requested in accordance with Section 18.30.050(B)(2), in which case the developer shall sign an agreement extending the time limit to allow adequate time for conducting such 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 director 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 waiver where a general plan amendment, zone change, or other legislative act is required by the county board of supervisors prior to approval of the waiver, 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 waiver request 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 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 request for waiver, 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 18.30.050(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 18.30.050(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 18.30.050(B)(2), no hearing shall be required and the planning director shall promptly consider the request for waiver, 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 proposed parcel map waiver 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 (2 ½) 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 18.30.050(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 request for waiver, 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 request for waiver. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. 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 may 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 18.30.050(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. Such 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 upon 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 in accordance with the procedure specified in Section 18.30.050(B), unless such conditions are appealed pursuant to Section 18.30.050(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 18.30.050(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.

G. Recordation. Upon approval of the request for waiver and expiration of the appeal period specified in Section 18.30.050(F) or final decision of the board of supervisors upon appeal, the planning director shall cause to be recorded with the county recorder a certificate of compliance and appropriate attachments reflecting the approved division of land, provided the following criteria have been met:

1. The applicant, or the applicant's title company or agent, shall submit grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the planning director has determined that the grant deed or deeds are in substantial compliance with the approved waiver, and that such grant deed or deeds contain the words "FOR PURPOSES OF WAIVER NO. _______." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a letter of intent to arrange simultaneous recording of deeds with the certificate of compliance.

2. The grant deed or deeds, and beneficiary consent, if applicable, shall be recorded concurrently and shall constitute constructive notice of the parcel map waiver.

3. A guarantee of title or a preliminary title report dated ten (10) or less days prior to concurrent recording of deeds and certificate of compliance has been issued by a title company authorized to do business in California, showing that all parties having any record title interest in the land to be subdivided, or any part thereof, including, but not confined to, leaseholders, lienholders and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the official records, by book and page, as of the date the waiver of parcel map is filed with the county for recording. In addition, the liability of such guarantee of title, if one is issued, shall be not less than one thousand dollars ($1,000.00). In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report.

4. All applicable recording fees have been paid, or arrangements have been made for all documents to be recorded by the title company.

5. All other conditions of approval for the parcel map waiver have been satisfied.

H. Expiration and Extensions.

1. An approval or conditional approval shall expire one (1) year from the date of approval of the parcel map waiver.

2. The subdivider or engineer may request an extension of the expiration date of the approved parcel map waiver by written application to the director of Kern County planning department. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The director of Kern County planning department shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one (1) year. Not more than three (3) extensions shall be approved for a parcel map waiver, and the total period of all extensions shall not exceed thirty-six (36) months.

(Ord. G-7629 §§ 57, 58, 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 planning director shall review and consider any applicable environmental documents.

B. The request for waiver may be approved or conditionally approved by the planning director if he/she finds that the request for waiver, 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.

C. The request for waiver 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 waiver if he/she makes any of the following findings:

1. That the proposed waiver 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 director may approve such a waiver 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 director may approve a request for waiver 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 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 director 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 design and development standard variations. Such variation requests should be filed with the request for waiver. Application for design and development standard 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.

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 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.

D. The planning director shall give notice and, if requested, conduct a hearing on each proposed variation, after notice, in the manner provided in Section 18.30.050(D) and shall make the determinations mentioned in Section 18.30.070(B). The hearing on a variation may be conducted at the same time as the hearing on a request for waiver or at a different time. If the variation is disapproved, it shall not be applied for or heard again, except on appeal, in connection with the same request for waiver unless it is shown there has been a substantial change in circumstances or a substantial redesign of the request for waiver.

(Ord. G-7629 § 60, 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 parcel map waiver 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 18.30.070).

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

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

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

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

5. Section 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 waiver 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 planning director 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. 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.

(Org. G-7629 § 62, 2007; Ord. G-6533 § 3 (part), 1998)

In approving the parcel map waiver, 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, including, but not limited to, Quimby 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-7629 § 64, 2007)

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

1. Such changes are consistent with the intent of the original 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 waiver map and/or in writing to the subdivider, whichever is appropriate.

C. No revision shall affect the original expiration date of the approved waiver.

D. The planning director may require a new 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 § 65, 2007; Ord. G-6533 § 3 (part), 1998)