Kern County Municipal Code Ch. 18.45 Final Maps (CA)

18.45.010 - Purpose.¶

The purpose of this chapter is to set forth requirements for the review and approval of final tract and parcel maps.

(Ord. G-6533 § 3 (part), 1998)

18.45.020 - Submission of final tract map.¶

A. Form. The final tract map shall be in the form and shall contain the data and information prescribed by the California Subdivision Map Act and this chapter

Statements, certificates, and acknowledgments must be legibly stamped or printed upon the map with opaque ink. If polyester base film is used, such film shall have a minimum thickness of 0.004 of an inch. The map shall be prepared in a manner suitable for reproduction by direct print or other reproducing process. The director of engineering and survey services shall not accept any map that is not completely legible.
The exterior boundary of the land included within the subdivision shall be delineated by a distinctive border on the final map. Said border shall not obliterate or obscure any figure or other data appearing upon the final tract map.
The scale of the final tract map shall adequately depict the subdivision; however, the scale of the map shall not be less than one (1) inch equals one hundred (100) feet, unless an alternate scale is authorized by the director of engineering and survey services.
Sheet number and total number of sheets shall appear on the lower right hand corner of each sheet.
The tract map number, scale, and north arrow shall be shown on each sheet.
All lettering shall be a minimum one-tenth ( 1/10 th) inch (L100) font size, except as indicated below:

The above font size may be reduced to 0.08 inch (L80) font size, provided the lettering is all capital letters, is AUTOCAD or similarly generated, and in one (1) of the following easy to read fonts: ARIAL, LEROY, MONOTXT, ROMANS, ROMAND, SANSERIF, or other similar font which has been approved by the director of the engineering and survey services department. The lettering shall have a constant line width of at least 0.014 inches.

In final tract maps containing more than one (1) block, the blocks may be lettered in alphabetical order, commencing with the letter "A," with omissions or duplications. Lot numbers shall begin with the numeral "1" in each block and shall continue consecutively (in sequence) with no omissions or duplications. If multiple map sheets are required, consecutive numbering shall be required from one (1) map sheet to the next. As an alternative to the foregoing, block letters may be omitted, in which case lot numbers shall begin with the numeral "1" and shall continue consecutively (in sequence) throughout the submission with no omissions or duplications. If maps are filed in phases, the lots within each phase shall begin with numeral "1" or letter "A." All letters or figures shall be conspicuous and solid. They shall not obliterate any other information contained on the map. Circles shall not be drawn around letters or numbers.
All lots with a block shall be shown on a single sheet. This requirement may be waived where, in the opinion of the county surveyor, compliance is not practicable.
The title sheet or first map sheet may show the basis of bearings. If coordinates on the "California Coordinate System" are shown for points on the maps and used for basis of bearings, a detail map showing the control scheme through which the coordinates were determined from points of known coordinates shall be shown on a separate map sheet.
If more than three (3) map sheets are used, a key diagram showing the area covered by each sheet shall appear on the title sheet or first map sheet.

B. Title Sheet. The title sheet shall meet the following requirements:

The final tract map title shall consist of the tract map number conspicuously placed at the top or lower right corner of the sheet followed by the words "in the County of Kern." The height of lettering in the tract number shall not be less than one-half (½) inch. Tract or subdivision sales names shall not be shown on the final tract map.
Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to a recorded final tract or parcel map and/or to legal sectional breakdown.
References to recorded final tract and parcel maps shall be worded identically with original records, with references to the books and pages.
All required statements, certificates, acknowledgments, endorsements and acceptances of dedication shall appear on the title sheet(s).
The title sheet shall indicate the number of lots on which checking fee is based and total area, to the nearest one-tenth ( 1/10 ) acre, within the colored border of the tract.

C. Information on Final Tract Map. The final tract map shall show.

The tract number, date of survey, scale, and north arrow.
The locations and names of streets; the centerlines thereof; the lengths, tangents, radii and central angle and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated; and the width of the existing dedication, if any.
The locations and widths of pedestrian ways, if any.
The locations and dimensions of public areas and the net acreage, to the nearest one-hundredth ( 1/100 ) of an acre, contained therein. If areas are less than one (1) acre, actual square footage shall be stated.
The centerlines, widths, boundaries, and dimensions of all easements to which the lots are subject. If the easement is not definitely locatable by record, a statement as to the existence of the easement shall appear on the title sheet. Easements shall be clearly labeled and identified, and if already of record, precise reference to the records shall be made. Any public streets or public easements to be abandoned through the recordation of the map, shall be specifically noted on the map sheet and listed by reference to the recording data or other official record creating the public streets or public easements. Easements for storm drains, sewers, building lines, and other purposes shall be denoted by broken lines. Limited or restricted access rights to adjacent highways shall be indicated by hatched lines of the same width as the lines denoting street boundaries.
Easements being dedicated shall be indicated in the instrument of dedication.
Locations and dimensions of drainage easements.
Locations and widths of utility rights-of-way and railroad rights-of-way.
Locations and widths of any other easements (slope, equestrian, etc.).
Locations and widths of lots or locations of access rights to be dedicated or conveyed to the county.
Locations, widths, and names of streets, alleys, and pedestrian ways adjacent to the proposed tract.
Locations of city boundary lines.
Sufficient data shown to accurately determine the bearing and length of every lot line, block line, and boundary line. Dimensions of lots shall be given as the net dimensions to the boundaries of the rights-of-way of the adjoining streets. No ditto marks shall be used. Length, radius, tangent, and total delta of each curve and the bearing of radial lines to each lot corner on a curve at street intersections and at the beginning and end of nontangent curves shall be shown.

a. Lots containing two and one-half (2½) acres or more shall show gross acreage to the nearest one hundredth ( 1/100 ). Lots containing less than two and one-half (2½) acres shall show actual net area expressed as net acreage for lots containing one (1) acre or more and net square footage for lots containing less than one (1) acre. Area shall be shown for irregular shaped lots.

The centerline and direction of flow of all natural drainage channels which are not offered for dedication on the map shall be shown by dashed lines terminating in arrows on a separate map sheet.
Location and dimensions of all applicable floodplain zoning shall be shown on a separate information sheet.
All dimensions shall be shown in feet and decimals, to the nearest one hundredth ( 1/100 ) of a foot. Where the sum of a series must equal a total number, each distance in the series numbers may be expressed to the third decimal place.
The following survey data:

a. The radius, semitangent, arc length, and central angle of curves.

b. Suitable primary survey control points, including section corners and monuments existing outside the proposed subdivision.

c. The location of all permanent monuments within the proposed subdivision.

d. Ties to any recorded names or numbers of adjacent subdivisions.

e. Ties to any city and county boundary lines involved.

Distances and bearings on the side lines of lots which are crossed by an easement shall clearly indicate the actual lengths of the lot lines. The width, length, bearings, and sufficient ties shall be shown to accurately locate the easement with respect to the tract. The easement must be clearly labeled, and, if already of record, its recorded reference given. If the easement is being dedicated by the map, said dedication shall be properly set out in the owner's statement of dedication. All notes or figures pertaining to the easement shall be smaller and lighter than those relating to the tract itself.
The character, description, and positions of all stakes, monuments, or other evidence used to determine the boundaries of the tract shall be clearly shown. If necessary, this information shall be shown by means of a key map or a separately recorded record of survey map.
The final tract map shall show adjoining recorded maps, or portions thereof, by lot, parcel, or block number, map name or number, and place of record. The relation of the tract to adjoining maps shall be shown by ties.
Whenever the county surveyor or a city engineer has established the centerline of a street or alley, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.
The final tract map shall show all city boundaries crossing or adjoining the tract clearly designated and tied in.
City boundaries, and lines between registered (Torrens Title) and unregistered land, and between a separate ownership of registered land, shall be lot lines; that is, such a line shall not cut a lot, but shall be made a line of a lot, except where permitted by the director of engineering and survey services.
Any other notes required as a condition of tentative tract map approval shall be shown on the final tract map, title sheet, or on a separate map sheet.
For informational purposes, the final map shall show all adopted specific plan lines, not offered for dedication, within and adjacent to the final map boundaries.
Information shall be provided identifying all necessary special impact fees or fees required as a mitigation measure of any adopted CEQA document and shall include when and to whom such fees must be paid.

D. Statements, Certificates and Acknowledgments on Final Tract Map. The following statements, certificates, acknowledgments, and others required by the California Subdivision Map Act shall appear on the title sheet, or on other sheets as may be required:

A statement, signed and acknowledged by all parties having any record title or interest in the land subdivided, except as otherwise provided in Sections 66436 through 66439 of the California Government Code, consenting to the preparation and recordation of the final tract map offering for dedication all parcels of land, streets, alleys, pedestrian ways, drainage channels, easements, and other rights-of-way intended for public use, and offering for dedication rights of access to and from prescribed streets, lots and parcels of land;
A statement of the registered civil engineer or licensed surveyor, signed, sealed and dated, who prepared the survey and the tract final map (statement of civil engineer or surveyor);
A statement or certificate for execution by the planning director (statement or certificate of planning director);
A statement or certificate for execution by the county surveyor (statement or certificate of county surveyor);
A statement or certificate for execution by the board of supervisors (statement or certificate of board of supervisors);
A statement or certificate for execution by the county recorder on all sheets (statement or certificate of county recorder);
A statement or certificate for execution by the public entity for which a dedication is made, where applicable (statement or certificate of district);
A statement or certificate for execution by the California Department of Transportation, where applicable.

Forms for statements, certificates or acknowledgments required by the California Subdivision Map Act and by this title shall be provided by the engineering and survey services department.

(Ord. G-7629 §§ 80, 81, 2007; Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.030 - Data and documents to be filed with final tract map.¶

At or before the time of filing the final tract map, all of the data, documents, plans, specifications, agreements, improvement securities, insurance policies, bonds, money, and other matters required by this title, including the following, shall be filed with the county surveyor:

A. Sewage Disposal and Domestic Water Supply. Statement by the county environmental health services director that the proposed sewerage or sewage disposal and domestic water supply conform to the Kern County development standards and is otherwise adequate, and that it can be accomplished without creating any nuisance and without hazard to, or deterioration of, public health or water quality;

B. Improvement Plans, Drainage Plans, Specifications and Data. The improvement plans, drainage plans and specifications therefore, if required, and supporting data shall comply with and carry out the purposes of this title, the Kern County development standards, and the conditions of approval on the tentative tract map. Such plans and specifications shall be prepared under the direction of and be signed by a registered civil engineer. All such plans and specifications shall be in sufficient detail and shall be accompanied by sufficient data as may be necessary for the approval thereof. The official designated to approve plans and specifications required by this chapter may establish reasonable criteria for forms and procedures relating to the design, preparation and submission of such plans and specifications;

C. Other Improvement Plans. Plans for the construction or installation of other improvements as required by and in conformance with the conditions of approval on the tentative tract map, this title, and the Kern County development standards;

D. Water Supply Statement. A statement from the water supplier or purveyor, if any, that it can and will serve the residents of the subdivision with water and will maintain such water supply, mains, valves, hydrants and fire flows as required by this title and the Kern County development standards, and any other applicable law or regulation;

E. Sewer Service Statement. A statement from a sewer service supplier, if any, that it can and will serve the residents of the subdivision with sewer service and will maintain such sewer lines, manholes and cleanouts as required by this title and the Kern County development standards, and any other applicable law or regulation;

F. Guarantee of Title.

A guarantee of title by a title company authorized to do business in California, showing all parties having any record title interest in the land proposed to be subdivided, or any part thereof, including, but not confined to, leaseholders, lienholders, owners of rights-of-way, easements, reversions and interests in or rights to minerals, showing the nature of each respective interest and the reference thereto in the official records, by book and page, as of the date the final tract map is filed with the county surveyor,
Such guarantee of title shall be issued for the benefit and protection of the county and any political subdivision or municipal corporation which may have an interest in any right-of-way or easement offered for dedication in connection with the final tract map,
The liability on such guarantee of title shall be not less than five thousand dollars ($5,000.00),
Concurrently with the recordation of the final tract map, the title company shall issue a supplementary guarantee of title showing that, at the time of such recordation, the parties consenting to the recordation of the final tract map are all the parties having a record title interest in the land subdivided whose signatures are required by the provisions of Article 2 of Chapter 2 of the California Subdivision Map Act, and which shall be filed with the county recorder;

G. Off-Site Easements. All off-site easements for drainage, flowage, slope, construction, access roads, or other purposes required for design and development of the final tract map under the provisions of this title, the Kern County development standards, and the conditions of approval on the tentative tract map. Such easements shall be subject to approval of county counsel as to form. A title report or lot book guarantee shall be provided with respect to such easements, with liability in such amount as the county surveyor determines to be in the public interest;

H. Taxes and Assessments. The certificates and bonds or other security relating to taxes, assessments and liens therefor as specified by Article 8 of Chapter 4 of the California Subdivision Map Act;

I. Completion Agreement and Improvement Security, Etc. The completion agreement, improvement securities, insurance policies, and other matters specified by Section 18.55.090;

J. Monument and Lot Staking Bond. The agreement for completion of setting of monuments and lot staking and security for its performance;

K. Other Matters. All other data, documents, and other matters required to be filed with the county surveyor in conjunction with the final tract map, as may be required by law from time to time.

(Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.040 - Review and approval of final tract map.¶

A. Final Tract Map Checking.

Prior to the filing of the original of the final tract map, the subdivider shall submit to the county surveyor two (2) copies thereof, together with traverse sheets, for checking as to surveying and mathematical correctness, and as to the forms of the statements. The subdivider shall file also with the county surveyor fees payable to the county of Kern for recording of the final tract map, and fees payable to the county for the checking of the map and checking of the improvement plans in the amounts required by resolution of the board of supervisors.
Copies of final tract maps shall be checked in the order in which they are received. A copy shall be returned to the surveyor or engineer who prepared the map with notations as to errors or omissions.
The traverse sheet shall include coordinates based on one (1) point of origin for the subdivision, the mathematical closure of the exterior boundary of the tract and of each block, and if the lots are irregular in shape, a traverse of all lots, together with such detail maps as may be required for accurate checking. The county surveyor shall check all maps as to clarity of expression, accuracy, completeness and legibility and shall verify the correctness of all mathematical data, the location and nature of all permanent monuments.
After the copies of the final tract map have been checked, and when the original final map is correct in all respects, it may be filed with the county surveyor with the data, documents, bonds, money, and other matters required. Applicant shall file the items a minimum of fifteen (15) working days prior to the date of intended action by the board of supervisors. The county surveyor shall submit the final map to the planning director for certification that the subdivision on the final tract map is substantially the same as it appeared on the approved tentative tract map, and any approved alterations or amendments thereto, including, but not limited to, additional conditions included by reason of any extension of time.

B. Certification of the Final Tract Map by the County Surveyor.

The county surveyor shall certify that the final tract map is in accordance with Section 66442 of the California Subdivision Map Act when he/she finds that all the following requirements have been satisfied:

a. All of the data, documents, agreements, improvement securities, insurance policies, bonds, money, and other matters specified by Section 18.55.090 have been filed with the county surveyor or with the proper county official.

b. All such data is complete and in proper form and has been approved by the appropriate public official where so required.

c. All such documents, agreements, improvement securities, and insurance policies have been signed and acknowledged by the subdivider where so required, that any corporate surety bond so filed has been signed and acknowledged by the surety, and that the improvement agreement bears the consent of any such corporate surety.

d. The subdivision as shown on the final tract map is substantially the same as it appeared on the approved tentative map and is in conformity with any conditions thereof and any approved alterations or amendments thereto, including, but not limited to, additional conditions included by reason of any extension of time in accordance with Section 18.15.100 have been complied with.

e. All provisions of the California Subdivision Map Act and of this title applicable at the time of approval of the original tentative map, or applicable at the time of granting of any extension of time as mentioned in Section 18.15.100 have been complied with.

f. The final tract map is technically correct.

g. All of the statements and/or certificates which appear, or are required to appear on the final tract map, have been signed by the proper persons or officials and properly acknowledged, where so required, excepting the statements and/or certificates of the county surveyor, the board of supervisors, the county recorder, and planning director.

h. All dedications or offers of dedications and easements deemed necessary by the county surveyor have been provided, are in proper form, and have been properly executed by such persons so as to give clear title.

i. All required special impact fees as authorized by the board of supervisors required to be paid prior to approval of a final tract map have been paid.

When the county surveyor has signed the statements and/or certificates mentioned in Section 66442 of the California Subdivision Map Act, he/she shall file the final tract map and the said data, documents, bonds, money, and other matters with the board of supervisors.

C. Monuments.

Prior to submittal of the final tract map to the board of supervisors for approval, all exterior boundary monuments shall be placed, and the developer's engineer or surveyor of record shall submit a written request to the county surveyor to verify in the field survey data and the existence of monuments as noted on the map. Allowable closure error shall be in accordance with accepted survey practice. The setting of interior monuments may be deferred in accordance with Section 18.55.110.
In making the survey for a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced.

a. Permanent monuments of the type indicated in the development standards shall be placed at all points of intersection of street centerlines, at all angle points of street centerlines, and at all points of beginning and ending of curvature of street centerlines.

b. Permanent monuments of the type indicated in the development standards shall be placed at all angle points, curve points and points of intersection of the exterior boundary lines of the tract.

c. Nonpermanent monuments of the type indicated in the development standards shall be set at all lot corners. Setting may be deferred in accordance with Section 18.55.110.

Survey Monument Encasements.

a. All survey monuments which are known to the surveyor and which lie or will lie within the paved portion of any highway, street, alley, way or sidewalk within the tract shall be encased as shown in the development standards.

b. This section is applicable to any such area paved with road mix asphalt surfacing, asphalt concrete or portland cement concrete.

c. There is excepted from the provisions of this section any survey monument which was in existence at the time of the filing of the tentative tract map, and which is located within any paved area which will not be improved or reconstructed in connection with the improvements for such subdivision.

d. The improvement required by this section shall be completed to the satisfaction of the county director of the roads department.

e. When the survey point on the monument falls outside of, or at the edge of, the road mix asphalt surfacing or asphalt concrete surfacing of any part-width facility, the monument encasement need not be placed until the adjoining part-width facilities are completed. Sole responsibility for installing this monument encasement rests with the developer who installs the final portion of the adjoining improvements.

Notation of Monument on the Final Tract Map. The character, type and positions of all monuments and encasements shall be noted on the final tract map. If any shortage or excess of distance is found on the ground between existing monuments, compared with the original record, any division of the total must bear its proportion of such shortage or excess. If a monument is replaced, indicate type and condition of monument found and the date of replacement.
Restoring Monuments. If any monument is found in a perishable condition, it shall be replaced with a permanent monument and so noted on the final tract map. The instructions as set forth in the "Manual of Instructions for the Survey of Public Lands of the United States," published by the Commissioner of the General Land Office, Department of Interior, Washington, D.C., shall be followed for the subdivision of public lands and privately owned lands, in the restoration of lost or obliterated corners and the retracement of section lines.

D. Action on Final Tract Map by the Board of Supervisors.

The board of supervisors shall consider the final tract map and the data, documents, bonds, and other matters required by this title and shall also consider such other matters as to which approval of the board is required, or findings are required to be made by the board, in connection with approval of a final tract map, under the provisions of this title, the California Subdivision Map Act, or other statute.
The board of supervisors shall act on the final tract map at its next meeting or within a period of not more than ten (10) calendar days after the filing of the final tract map with the board, or within such additional time as may be extended by mutual consent of the subdivider and the board, or within such additional time as may be reasonably necessary for the noticing of any public hearing which may be required in connection with approval of a final tract map, under the provisions of this title, the California Subdivision Map Act, or other statute.
The board of supervisors shall approve the final tract map when it has made the findings required to be made under the provisions of the California Subdivision Map Act or other statute in connection with approval of a final tract map, and when the board has also determined that all of the following requirements have been satisfied:

a. All approved data, documents, agreements, improvement securities, insurance certificates, bonds, money, and other matters required by this title have been filed with the county surveyor prior to map expiration.

b. All such data is complete and in proper form and has been approved by the county surveyor where so required.

c. All such approved documents, agreements, improvement securities, and insurance certificates have been signed and acknowledged by the subdivider where so required; that any corporate surety bond so filed has been signed and acknowledged by the surety; and that the improvement agreement bears the consent of any such corporate surety.

d. All such documents, agreements, improvement securities, and insurance policies are in accordance with the provisions of this title.

e. The tract as shown on the final tract map is substantially the same as it appeared on the approved tentative tract map and is in conformity with any conditions thereof and any approved alterations or amendments thereto.

f. All provisions of the California Subdivision Map Act and of this title applicable at the time of approval of the original tentative tract map or applicable at the time of granting of any extension of time have been complied with.

g. All other provisions of law have been satisfied as may be required in connection with approval of a final tract map.

h. All of the statements, certificates, and acknowledgments which are required to appear on the final tract map have been signed by the proper persons or officials and have been properly acknowledged, where so required, excepting the statements and/or certificates of the county surveyor, the board of supervisors, the county recorder, and the planning director.

i. All required dedications or offers of dedications and easements have been provided, are in proper form, and have been properly executed by such persons so as to give clear title.

If the final tract map is disapproved by reason of the subdivider's failure to meet or perform any requirement or condition imposed by the California Subdivision Map Act or by this title, the board of supervisors shall make a finding identifying each such requirement or condition.
In conjunction with approval of the final tract map, the board of supervisors shall accept or reject any or all offers of dedication, dedications or easements, or accept the same subject to improvement, which are contained in or accompany the final tract map.
When the final tract map has been approved by the board of supervisors, the clerk of the board shall provide a signed statement in accordance with the provisions of Section 66440 of the California Subdivision Map Act and transmit the final tract map to the county recorder with all documents which the board of supervisors has authorized to be recorded with it and with the evidence of title mentioned in Section 66465 of the California Subdivision Map Act.

(Ord. G-7629 §§ 83, 84, 2007; Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.050 - Grading and/or improvements prior to recordation of final tract map.¶

A. No grading shall occur on and no grading permit shall be issued for any land in a subdivision nor a connection with any improvement for a tract prior to approval and recordation of the final tract map, unless all of the provisions and conditions mentioned in this section are satisfied. In the event that grading for a tract is performed in advance of the issuance of a grading permit authorized by this section, no approval of any request filed for that site under this section shall be given, and no additional grading shall occur prior to the recordation of a final tract map.

B. No improvement work shall occur and no permit shall be issued for any improvement work on any land in a subdivision or on any improvement for a subdivision prior to approval and recordation of the final tract map, unless all of the following conditions are met:

The subdivider has made written application to the engineering and survey services department and has obtained approval from the director of the engineering and survey services department for such work. In making this determination, the director of the engineering and survey services department shall submit the request to the planning and roads departments for review and recommendation prior to taking action;
The tentative tract map has been approved or conditionally approved;
Any rezoning to make the lots conform to the Kern County zoning ordinance has been approved;
All improvement plans and grading plans have been approved and appropriately signed pursuant to this title. At the discretion of the director of the engineering and survey services department, a grading permit may be issued provided all flood/drainage issues are approved, street alignment and street grades are approved, and all other items deemed pertinent by the director of the engineering and survey services department are approved. No other improvement work shall occur prior to the approval of all the plans. In addition, a note shall be added to the grading plans stating, "If any changes are necessary as a result of the improvement plan review, all changes shall be incorporated into the project at no expense to the County." No exceptions to the land division ordinance or the development standards will be granted on the basis of work being completed prior to approval. All compaction test reports shall be made available for review and approval prior to acceptance of the grading. The inspector may require additional soils testing; and
The planning director has determined that the approved work is not likely to cause substantial environmental damage, is not likely to substantially and avoidably injure fish or wildlife or their habitat, is not likely to cause serious public health problems, and is not likely to injure any nearby property, whether the subdivision is completed or abandoned.

C. The director of the engineering and survey services department may limit the areas to be improved, the kind of improvement work to be done, and may impose conditions upon the work, as it deems necessary.

D. Approval by the director of the engineering and survey services department shall not be deemed a substitute for any permit to do such work required by this title or any other county ordinance. No condition imposed by the director shall be deemed to modify any more stringent provisions of this title or the Kern County development standards or as contained in any condition appended to the tentative tract map. Approval by the director shall not be deemed to be an approval of the final tract map in any respect, nor any representation that the board of supervisors will approve the final tract map. Neither the approval by the director nor the performance of any such work shall be deemed to bind the board to approve the final tract map. All such work shall be carried out at the sole risk of the subdivider, and any expense which may incur in doing such work shall not be grounds to compel approval of the final tract map.

E. Such improvement work shall be subject to inspection and approval by the engineering and survey services department; provided, that the board of supervisors may designate another county department or public entity to inspect and approve such work. If inspections by county personnel are conducted outside of normal county business hours, the contractor or developer shall be responsible for the cost accrued by the county and billed on a time and material basis.

F. Reasonable rules may be established for the filing of plans and specifications for required improvement work suitable for its proper inspection, and for procedures and forms relating to inspections and approvals. Such rules may be established by order of the board of supervisors, and supplemental rules may be adopted by the department or entity designated to inspect and approve such work by filing the same with the board.

G. At no time prior to approval and recordation of the final tract map shall any easement or license be granted to any public utility company or water company with respect to any land within a proposed subdivision for the purposes of public utility facilities or water lines (including, but not limited to, poles, towers, lines, mains, conduit, tanks or pipes), nor shall any such facility be constructed or installed upon any land within a proposed subdivision, except as expressly authorized in this section.

H. The board of supervisors may deny approval of a final tract map if it finds that any such facility has been installed or easement therefor has been granted contrary to any of the provisions of this section.

I. If any facility is of a temporary nature and is not designed or intended to be continued in existence or operation following the approval of the final tract map, the planning director may authorize its installation upon written application of the subdivider and submission of the plans showing the location thereof and the specifications therefor, if the director determines that such installation is not likely to cause substantial and avoidable injury to fish or wildlife or their habitat, is not likely to cause serious public health problems, and is not likely to injure any nearby property, whether the subdivision is completed or abandoned. As a condition of approval of such a temporary facility, the public utility company or water company shall covenant with the county that such facility shall be completely removed from the land within the proposed tract prior to approval of the final tract map and that any easement or license therefor shall terminate upon such removal or upon approval of the final tract map, whichever is sooner.

Temporary facilities approved under the provisions of this section shall not be subject to Section 18.45.050(B), (E) and (F).

J. If any such facility mentioned in Section 18.45.050(G) is designed or intended to be continued in existence or operation following the approval of the final tract map, the same shall be subject to all of the provisions of this section as in the case of other improvement work prior to approval of the final tract map, except that Section 18.45.050(I) shall not apply to any public utility company under the jurisdiction of the Public Utilities Commission with respect to facilities for the supply of gas, electricity, phone or cable television.

K. As a condition of approval of any facility mentioned in this section, the public utility company or water company shall covenant with the county that any easement or license which it has or may acquire for such facilities shall terminate immediately upon approval of the final tract map, insofar as such easement or license for such facility may be within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use, and that from and after approval of the final tract map such facility shall be subject to any franchise which such company may then hold applicable to such area. If such company does not then hold a franchise granted by the county, it shall apply for, bid upon, and do everything necessary to perfect such franchise upon the terms most favorable to the county under any statute as may be in effect at the time of such application.

L. The planning director may refuse to give any approval under the provisions of this section to any public utility company or water company which does not hold a franchise granted by the county which is applicable to the area within the proposed subdivision.

M. The provisions of Section 18.45.050(I) shall not be deemed applicable to any public utility facility or easement therefor which was in existence prior to the time of submission of such tentative map and which was not designed or constructed to be used in conjunction with the proposed subdivision.

N. The provisions of this section shall not be construed as limiting application of Section 18.45.080 relating to removal of obstructions.

O. The provisions of Section 18.45.050(I) through 18.45.050(N), inclusive, shall be deemed applicable to any water lines and related facilities or other facilities of public utility services proposed to be furnished by the subdivider.

P. The provisions of Section 18.45.050(I) through 18.45.050(O), inclusive, shall be construed broadly for the purposes of bringing under county franchises public utility facilities and water lines which may be located within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use, which facility or water line was designed or installed for use in conjunction with the proposed tract.

(Ord. G-7629 § 86, 2007; Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.060 - Submission of final parcel map.¶

A. Form. The final parcel map shall be based on a field survey, except as noted in Subsection 18.45.060(A)(10), in conformity with the Land Surveyor's Act and be in the form and shall contain the data and information prescribed by the California Subdivision Map Act and this chapter.

Statements, certificates, and acknowledgments must be legibly stamped or printed upon the map with opaque ink. If polyester base film is used, such film shall have a minimum thickness of 0.004 of an inch. The map shall be prepared in a manner suitable for reproduction by direct print or other reproducing process. The director of engineering and survey services shall not accept any map that is not completely legible.
The exterior boundary of the land included within the subdivision shall be delineated by a distinctive border on the final map. Said border shall not obliterate or obscure any figure or other data appearing upon the final map.
The scale of the final map shall adequately depict the subdivision; however, the scale of the map shall not be less than one (1) inch equals one hundred (100) feet, unless an alternate scale is authorized by the county surveyor.
Sheet number and total number of sheets shall appear on the lower right hand corner of each sheet.
The parcel map number, scale, and north arrow shall be shown on each sheet, if necessary.
All lettering shall be a minimum one-tenth ( 1/10 th) inch (L100) font size, except as indicated below:

In final parcel maps containing more than one (1) block, the blocks may be lettered in alphabetical order, commencing with the letter "A," with no omissions or duplications. Parcel numbers shall begin with the numeral "1" in each block and shall continue consecutively (in sequence) with no omissions or duplications. If multiple map sheets are required, consecutive numbering shall be required from one (1) map sheet to the next. As an alternative to the foregoing, block letters may be omitted, in which case parcel numbers shall begin with the numeral "1" and shall continue consecutively (in sequence) throughout the subdivision with no omissions or duplications. If maps are filed in phases, the lots within each phase shall begin with numeral "1" or letter "A." All letters or figures shall be conspicuous and solid. They shall not obliterate any other information contained on the map. Circles shall not be drawn around letters or numbers.
All parcels within a block shall be shown on a single sheet. This requirement may be waived where, in the opinion of the director of engineering and survey services, compliance is not practicable.
The title sheet or first map sheet may show the basis of bearings. If coordinates on the "California Coordinate System" are shown for points on the maps and used for basis of bearings, a detail map showing the control scheme through which the coordinates were determined from points of known coordinates shall be shown on a separate map sheet.
If more than three (3) map sheets are used, a key diagram showing the area covered by each sheet shall appear on the first map sheet.
A field survey shall not be required on maps that are zoned RF (recreation-forestry) or A (exclusive agriculture) with lot sizes of twenty (20) acres or more. At the discretion of the county surveyor, the requirement for a field survey may be waived where parcels zoned RF and A contain less than twenty (20) acres.

B. Title Sheet. The title sheet shall meet the following requirements:

The final parcel map title shall consist of the parcel map number conspicuously placed at the top or lower right corner of the sheet followed by the words "in the County of Kern." The height of lettering in the parcel number shall not be less than one-half (½) inch. Parcel map or subdivision sales names shall not be shown on the final parcel map.
Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to a recorded final map and/or to legal sectional breakdown.
References to recorded final tract or parcel maps shall be worded identically with original records, with references to the books and pages.
All required certificates, statements, acknowledgments, endorsements and acceptances of dedication shall appear on the title sheet(s).
The title sheet shall indicate the number of parcels on which checking fee is based and the total area, to the nearest one-tenth ( 1/10 ) acre, within the colored border of the parcel map.

C. Information on Final Parcel Map. The final parcel map shall show:

The parcel map number, date of survey if any, scale and north arrow;
The locations and names of streets; the centerlines thereof; the lengths, tangents, radii and central angle and radial bearings of curves (when such curve data is pertinent to the establishment of the exterior map boundary or for the calculation of net areas, when required); the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated; and the width of the existing dedication, if any;
The locations and widths of pedestrian ways, if any;
The locations, dimensions and area of each parcel. 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;
The centerlines, widths, boundaries and dimensions, where necessary, of all easements to which the parcels are subject. If the easement is not definitely locatable by record, a statement as to the existence of the easement shall appear on the map sheet. Easements shall be clearly labeled and identified, and if already of record, precise reference to the records shall be made. Any public streets or public easements to be abandoned through the recordation of the map shall be specifically noted on the title sheet and listed by reference to the recording data or other official record creating the public streets or public easements. Easements for storm drains, sewers, building lines, and other purposes shall be denoted by broken lines. Limited or restricted access rights to adjacent highways shall be indicated by hatched lines of the same width as the lines denoting street boundaries;
New easements being dedicated on the final map shall be indicated in the owner's statement and dimensions shown on the map sheet;
Locations and widths of parcels or location of access rights to be dedicated or conveyed to the county;
Locations, widths and names of streets, alleys and pedestrian ways adjacent to the proposed parcel map;
The centerline and direction of flow of all natural drainage channels which are not offered for dedication on the map shall be shown on additional information sheet by dashed lines terminating in arrows;
Sufficient data shown to accurately determine the bearing and length of every parcel line, block line and boundary line. Survey data shall also include: the radius, semitangent, arc length and central angle of curves (when such curve data is pertinent to the establishment of the exterior map boundary or for calculation of net areas when required); suitable primary survey control points, including section corners and monuments existing outside the proposed subdivision; the location of all permanent monuments within the proposed subdivision; and ties to any recorded names or number of adjacent subdivisions. All dimensions shall be shown in feet and decimals, to the nearest one hundredth ( 1/100 ) of a foot. The sum of a series must equal a total number;
The character, description and positions of all stakes, monuments, or other evidence used to determine the boundaries of the parcel map shall be clearly shown. If necessary, this information shall be shown by means of a key map;
Whenever the county surveyor or a city engineer has established the centerline of a street or alley, the data shall be shown on the final map, indicating all monuments found, if by a field survey, and making reference to a field book or official map. If the points were reset by ties, the fact shall be stated;
The map shall show all city boundaries crossing or adjoining the parcel map clearly designated and tied in;
Any other notes or additional information required as a condition of tentative parcel map approval describing conditions regarding the parcel map as to the date of filing which do not affect record title interest shall be shown on an additional information sheet of the final parcel map.

D. Statements, Certificates and Acknowledgments on Final Parcel Map. The following statements, certificates and acknowledgments required by the California Subdivision Map Act shall appear on the title sheet, or on other sheets as may be required:

A statement, signed and acknowledged by all parties having any record title or interest in the land subdivided, except as otherwise provided in Sections 66436 through 66439 of the California Government Code, and excepting holders of mineral rights, consenting to the preparation and recordation of the final parcel map; and may include offering for dedication all parcels of land, streets, alleys, pedestrian ways, drainage channels, easements, and other rights-of-way intended for public use, offering for dedication rights of access to and from prescribed streets, lots and parcels of land (owner's statement). The subdivider may furnish the owner's statement in a separate document in form approved by the advisory agency;
A statement of the registered civil engineer or licensed surveyor, signed, sealed and dated, who prepared the survey and the final parcel map (statement of civil engineer or surveyor);
A statement and/or certificate for execution by the planning director (statement and/or certificate of planning director);
A statement for execution by the county surveyor (statement of county surveyor);
A statement and/or certificate for execution by the county recorder on all sheets (statement and/or certificate of county recorder);
A statement for execution by the public entity for which a dedication is made, where applicable (statement of district);
A statement for execution by the California Department of Transportation, where applicable.

Forms for statements, certificates and acknowledgments required by the California Subdivision Map Act and by this title shall be provided by the engineering and survey services department.

(Ord. G-7629 § 88, 2007; Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.070 - Data and documents to be filed with final parcel map.¶

At or before the time of filing the final parcel map, all of the data, documents, plans, specifications, agreements, improvement securities, insurance policies, bonds, money, and other matters required by this title, including the following, shall be filed with the county surveyor:

B. Improvement Plans, Drainage Plans, Specifications and Data. The improvement plans, drainage plans and specifications therefor, if required, and supporting data shall comply with and carry out the purposes of this title, the Kern County development standards, and the conditions of approval on the tentative parcel map. Such plans and specifications shall be prepared under the direction of and be signed by a registered civil engineer. All such plans and specifications shall be in sufficient detail and shall be accompanied by sufficient data as may be necessary for the approval thereof. The official designated to approve plans and specifications required by this chapter may establish reasonable criteria for forms and procedures relating to the design, preparation and submission of such plans and specifications;

C. Other Improvement Plans. Plans for the construction or installation of other improvements as required by and in conformity with the conditions of approval on the tentative parcel map, this title and the Kern County development standards;

D. Guarantee of Title.

A guarantee of title by a title company authorized to do business in California, showing all parties having any record title interest in the land proposed to be subdivided, or any part thereof, including, but not confined to, leaseholders, lienholders, owners of rights-of-way, easements, reversions and interests in or rights to minerals, showing the nature of each respective interest and the reference thereto in the official records, by book and page, as of the date the final parcel map is filed with the county surveyor,
Such guarantee of title shall be issued for the benefit and protection of the county and any political subdivision or municipal corporation which may have an interest in any right-of-way or easement offered for dedication in connection with the final parcel map,
The liability on such guarantee of title shall be not less than one thousand dollars ($1,000.00),
Concurrently with the recordation of the final parcel map, the title company shall issue a supplementary guarantee of title showing that, at the time of such recordation, the parties consenting to the recordation of the map are all the parties having a record title interest in the land subdivided whose signatures are required by the provisions of Article 3 of Chapter 2 of the California Subdivision Map Act, and which shall be filed with the county recorder;

E. Off-Site Easements. All off-site easements for drainage, flowage, slope, construction, access roads, or other purposes required for design and development of the parcel map under the provisions of this title, the Kern County development standards, and the conditions of approval on the tentative parcel map. Such easements shall be subject to approval of the county counsel as to form. A title report or lot book guarantee shall be provided with respect to such easements, with liability in such amount as the County Surveyor determines to be in the public interest;

F. Taxes and Assessments. The certificates and bonds or other security relating to taxes, assessments and liens therefor as specified by Article 8 of Chapter 4 of the California Subdivision Map Act;

G. Completion Agreement and Improvement Security, etc. The completion agreement, improvement securities, insurance policies, and other matters specified by Section 18.55.090 of this title, if required;

H. Monument and Lot Staking Bond. The agreement for completion of setting of monuments and lot staking and security for its performance, if required;

I. Other Matters. All other data, documents, and other matters required to be filed with the county surveyor in conjunction with the parcel map, as may be required by law from time to time.

(Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.080 - Review and approval of final parcel map.¶

A. Final Parcel Map Checking.

Prior to the filing of the original of the final parcel map, the subdivider shall submit to the county surveyor two (2) copies thereof, together with traverse sheets, for checking as to surveying and mathematical correctness, and as to the forms of the statements. The subdivider shall file also with the county surveyor fees payable to the county of Kern for the recording of the parcel map, and fees payable to the county for the checking of the map and checking of the improvement plans, if required, in the amounts required by resolution of the board of supervisors.
Copies of final parcel maps shall be checked in the order in which they are received. A copy shall be returned to the surveyor or engineer who prepared the map with notations as to errors or omissions.
The traverse sheet shall include coordinates based on one (1) point of origin for the subdivision, the mathematical closure of the exterior boundary of the parcel map and of each block, and if the parcels are irregular in shape, a traverse of all lots, together with such detail maps as may be required for accurate checking. The county surveyor shall check all maps as to clarity of expression, accuracy, completeness and legibility and shall verify the correctness of all mathematical data, the location and nature of all permanent monuments, if any.
After the copies of the final parcel map have been checked, and when the original final parcel map is correct in all respects, it may be filed with the county surveyor with the data, documents, bonds, money, and other matters required. The county surveyor shall submit the final parcel map to the planning director for certification that the final parcel map is substantially the same as it appeared on the approved tentative parcel map, and any approved alterations or amendments thereto, including, but not limited to, additional conditions included by reason of any extension of time.

B. Certification of the Final Parcel Map by the County Surveyor.

The county surveyor shall certify the final parcel map in accordance with Section 66450 of the California Subdivision Map Act when he/she finds that all the following requirements have been satisfied:

b. All such data is complete and in proper form and has been approved by the appropriate public official where so required.

c. All such documents, agreements, improvement securities and insurance policies have been signed and acknowledged by the subdivider where so required, that any corporate surety bond so filed has been signed and acknowledged by the surety, and that the improvement agreement bears the consent of any such corporate surety.

d. The parcel map is substantially the same as it appeared on the approved tentative map and is in conformity with any conditions thereof and any approved alterations or amendments thereto, including, but not limited to, additional conditions included by reason of any extension of time in accordance with Section 18.25.090.

e. All provisions of the California Subdivision Map Act and of this title applicable at the time of approval of the original tentative parcel map, or applicable at the time of granting of any extension of time as mentioned in Section 18.25.090 have been complied with.

f. The final parcel map is technically correct.

g. All of the statements and/or certificates which appear, or are required to appear on the parcel map, have been signed by the proper persons or officials and properly acknowledged, where so required, excepting the statements and/or certificates of the county surveyor, the county recorder and the planning director.

h. All dedications or offers of dedications and easements deemed necessary by the county surveyor have been provided, are in proper form and have been properly executed by such persons so as to give clear title.

When the county surveyor has signed the certificate mentioned in Section 66450 of the California Subdivision Map Act, he/she shall file the final parcel map and the documents, bonds, money, and other matters with the clerk of the board.

C. Monuments.

Prior to submittal of the final parcel map to the planning director for approval, all exterior boundary monuments shall be placed, and the developer's engineer or surveyor of record shall submit verification to the county surveyor of the existence of those monuments as set and noted on the map. Allowable closure error shall be in accordance with accepted survey practice. The setting of interior monuments may be deferred in accordance with Section 18.55.110.
In making the survey for a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced.

b. Permanent monuments of the type indicated in the development standards shall be placed at all angle points, curve points and points of intersection of the exterior boundary lines of the parcel map.

c. Nonpermanent monuments of the type indicated in the development standards shall be set at all lot corners. Setting may be deferred in accordance with Section 18.55.110.

d. Monuments shall be set or not set as per the development standards, Division 8, Survey Monuments.

Survey Monument Encasements.

a. All survey monuments which are known to the surveyor and which lie or will lie within the paved portion of any highway, street, alley, way or sidewalk within the parcel map shall be encased as shown in the development standards.

b. This subsection is applicable to any such area paved with road mix asphalt surfacing, asphalt concrete or Portland cement concrete.

c. This subsection is not applicable to any survey monument which was in existence at the time of the filing of the tentative parcel map, and which is located within any paved area which will not be improved or reconstructed in connection with the improvements for such subdivision.

d. The improvements required by this section shall be completed to the satisfaction of the county director of the roads department.

f. If no street improvements are required by the conditions of approval, placement of monument encasements shall be at the discretion of the county surveyor.

Notation of Monument on the Final Parcel Map. The character, type and positions of all monuments and encasements shall be noted on the final parcel map. If any shortage or excess of distance is found on the ground between existing monuments, compared with the original record, any division of the total must bear its proportion of such shortage or excess. If a monument is replaced, indicate type and condition of monument found and the date of replacement.
Restoring Monuments. If any monument is found in a perishable condition, it shall be replaced with a permanent monument and so noted on the final parcel map. The instructions as set forth in the "Manual of Instructions for the Survey of Public Lands of the United States" published by the Commissioner of the General Land Office, Department of Interior, Washington. D.C., shall be followed for the subdivision of public lands and privately owned lands, in the restoration of lost or obliterated corners and the retracement of section lines.

D. Action on the Final Parcel Map by the Planning Director.

If the final parcel map is disapproved by reasons of the subdivider's failure to meet or perform any requirement or condition imposed by the California Subdivision Map Act or by this title, the planning director shall make a finding identifying each such requirement or condition.
In conjunction with approval of the final parcel map, the planning director shall accept, consent or reject any or all offers of dedication, dedications or easements, or accept the same subject to improvement, which are contained in or accompany the final parcel map.
When the final parcel map has been approved by the planning director, the parcel map shall be forwarded to the engineering and survey services department for transmittal to the clerk of the board for certification in accordance with Section 66464 of the California Subdivision Map Act.

E. Certification of the Final Parcel Map by the Clerk of the Board.

Upon receipt of the final parcel map from the county surveyor, the clerk of the board shall certify that all certificates and securities required by the California Subdivision Map Act have been filed and deposits have been made and that dedications or offers of dedication have been accepted, conditionally accepted or rejected.
Upon certification, the clerk of the board shall transmit the final parcel map to the county recorder.

(Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →

18.45.090 - Grading and/or improvements prior to recordation of final parcel map.¶

A. No grading shall occur on and no grading permit shall be issued for any land in a subdivision nor in connection with any improvements prior to approval and recordation of the parcel map, unless all of the provisions and conditions mentioned in this section are satisfied. In the event that grading for a parcel map is performed in advance of the issuance of a grading permit authorized by this section, no approval of any request filed for that site under this section shall be given, and no additional grading shall occur prior to the recordation of a final parcel map.

B. No improvement work shall occur and no permit shall be issued for any improvement work on any land in a subdivision or on any improvement for a land division prior to approval and recordation of the final parcel map, unless all of the following conditions are met:

The subdivider has made written application to and has obtained approval from the director of the engineering and survey services department for such work;
The tentative parcel map has been approved;
Any rezoning necessary to make lots conform to the Kern County zoning ordinance has been approved;
All improvement plans and grading plans have been approved and appropriately signed pursuant to this title. At the discretion of the director of the engineering and survey services department, a grading permit may be issued provided all flood/drainage issues are approved, street alignment and street grades are approved, and all other items deemed pertinent by the director of the engineering and survey services department are approved. No other improvement work shall occur prior to the approval of all the plans. In addition, a note shall be added to the grading plans stating, "If any changes are necessary as a result of the improvement plan review, all changes shall be incorporated into the project at no expense to the County." No exceptions to the land division ordinance or the development standards will be granted on the basis of work being completed prior to approval. All compaction test reports shall be made available for review and approval prior to acceptance of the grading. The inspector may require additional soils testing; and
The planning director has determined that the approved work is not likely to cause substantial environmental damage, is not likely to substantially and avoidably injure fish or wildlife or their habitat, is not likely to cause serious public health problems, and is not likely to injure any nearby property, whether the subdivision is completed or abandoned.
The roads department has reviewed the approved work and has offered no objections.

C. The director of the engineering and survey services department may limit the areas to be improved and the kind of improvement work to be done, and may impose conditions upon the work, as he/she deems necessary.

D. Approval by the director of the engineering and survey services department shall not be deemed a substitute for any permit to do such work required by this title or any other county ordinance. No condition imposed by the director of the engineering and survey services department shall be deemed to modify any more stringent provisions of this title or the Kern County development standards as contained in any condition appended to the tentative parcel map. Approval by the director of the engineering and survey services department shall not be deemed to be an approval of the parcel map in any respect nor any representation that the director of the engineering and survey services department will approve the parcel map. Neither the approval by the director of the engineering and survey services department nor the performance of any such work shall be deemed to bind the planning director to approve the parcel map. All such work shall be carried out at the sole risk of the subdivider, and any expense which the subdivider may incur in doing such work shall not be grounds to compel approval of the parcel map.

E. Such improvement work within existing and proposed rights-of-way shall be subject to inspection and approval by the engineering and survey services department or other public entity, as appropriate. If inspections by county personnel are conducted outside of normal county business hours, the contractor or developer shall be responsible for the cost accrued by the county and billed on a time and material basis.

F. Reasonable rules may be established for the filing of plans and specifications for required improvement work suitable for its proper inspection and for procedures and forms relating to inspections and approvals. Such rules may be established by order of the board of supervisors, and supplemental rules may be adopted by the department or entity designated to inspect and approve such work by filing the same with the board.

G. At no time prior to approval and recordation of the final parcel map shall any easement or license be granted to any public utility company or water company with respect to any land within a proposed subdivision for the purposes of public utility facilities or water lines (including, but not limited to, poles, towers, lines, mains, conduit, tanks or pipes), nor shall any such facility be constructed or installed upon any land within a proposed subdivision, except as expressly authorized in this section.

H. The board of supervisors may deny approval of a final parcel map if it finds that any such facility has been installed or easement therefore has been granted contrary to any of the provisions of this section.

I. If any facility is of a temporary nature and is not designed or intended to be continued in existence or operation following the approval of the final parcel map, the board of supervisors may authorize its installation upon written application of the subdivider and submission of the plans showing the location thereof and the specifications therefore, if the board determines that such installation is not likely to cause substantial and avoidably injure fish or wildlife or their habitat, is not likely to cause serious public health problems, and is not likely to injure any nearby property, whether the subdivision is completed or abandoned. As a condition of approval of such a temporary facility, the public utility company or water company shall covenant with the county that such facility shall be completely removed from the land within the proposed parcel map prior to approval of the parcel map and that any easement or license therefor shall terminate upon such removal or upon approval of the parcel map, whichever is sooner.

Temporary facilities approved under the provisions of this section shall not be subject to Sections 18.45.050(B), (E), and (F).

J. If any such facility mentioned in Section 18.45.050(G) is designed or intended to be continued in existence or operation following the approval of the parcel map, the same shall be subject to all of the provisions of this section as in the case of other improvement work prior to approval of the parcel map, except that Section 18.45.050(I) shall not apply to any public utility company under the jurisdiction of the Public Utilities Commission with respect to facilities for the supply of gas or electricity.

K. As a condition of approval of any facility mentioned in this section, the public utility company or water company shall covenant with the county that any easement or license which it has or may acquire for such facilities shall terminate immediately upon approval of the parcel map, insofar as such easement or license or such facility may be within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use, and that from and after approval of the parcel map, such facility shall be subject to any franchise which such company may then hold applicable to such area. If such company does not then hold a franchise granted by the county, it shall apply for, bid upon, and do everything necessary to perfect such franchise upon the terms most favorable to the county under any statute as may be in effect at the time of such application.

L. The board of supervisors may refuse to give any approval under the provisions of this section to any public utility company or water company which does not hold a franchise granted by the county which is applicable to the area within the proposed subdivision.

M. The provisions of Section 18.45.050(I) shall not be deemed applicable to any public utility facility or easement therefore which was in existence prior to the time of submission of such tentative map and which was not designed or constructed to be used in conjunction with the proposed subdivision.

N. The provisions of this section shall not be construed as limiting application of Section 18.55.030 relating to removal of obstructions.

O. The provisions of Section 18.45.090(I) through (N), inclusive, shall be deemed applicable to any water lines and related facilities or other facilities of public utility services proposed to be furnished by the subdivider.

P. The provisions of Section 18.45.090(I) through (O), inclusive, shall be construed broadly for the purposes of bringing under county franchises public utility facilities and water lines which may be located within the boundaries of any street, highway, alley or way which is or will be offered for dedication for public use, which facility or water line was designed or installed for use in conjunction with the proposed parcel map.

(Ord. G-7629 § 90, 2007; Ord. G-6533 § 3 (part), 1998)

Exceptions & meaning →