Sec. 2208. Reasonable Accommodations:

• A. Purpose: The purpose of this Section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.

• B. Applicability: A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other County requirement, policy, or practice acts as a barrier to fair housing opportunities.

  1. For the purposes of this chapter, a “person with a disability” is any person who has a physical, developmental, or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

  2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

  3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

  4. A reasonable accommodation may be granted in compliance with this Chapter without the need for the approval of a variance.

• C. Procedure:

  1. A request for reasonable accommodation shall be submitted in the form of a letter to the Zoning Administrator, and shall contain the following information:

     • a. The applicant’s name, address, and telephone number;

     • b. Address of the property for which the request is being made;

     • c. The current use of the property;

     • d. The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

     • e. The Development Code Section from which reasonable accommodation is being requested;

     • f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

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2. If the project for which the request for reasonable accommodation is being made requires a zoning permit, then the applicant shall file the necessary application letter information required by subsection (a) of this Section for concurrent review with the application for the zoning permit.

3. If no discretionary approval is sought other than the request for reasonable accommodation, a request for reasonable accommodation shall be reviewed by the Zoning Administrator. The Zoning Administrator shall make a written determination within 90 days of the application letter being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

   4. A request for reasonable accommodation submitted for concurrent review with a discretionary land use application shall be reviewed by the Planning Commission. The written determination to either grant, grant with modifications, or deny a request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review. Planning Commission stall will work with the applicant to take feasible steps to protect the applicant’s medical privacy in oral and written reports given to the Planning Commission.

• D. Approval Findings: The written decision to grant or grant with modifications the reasonable accommodation will be consistent with the Acts and require that all of the following findings be made:

  1. The subject housing identified in the request will be used by a person with a disability under the Acts;

  2. The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

  3. The requested reasonable accommodation would not impose an undue financial, administrative or enforcement burden on the County;

  4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a County program or law, including but not limited to land use and zoning;

  5. The requested reasonable accommodation would not result in potential unreasonable negative impact on surrounding uses;

  6. There are not any other reasonable accommodations that may provide an equivalent level of benefit.

• E. Conditions of approval: In granting a request for reasonable accommodation, the Zoning Administrator, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

• F. Appeals: Any person dissatisfied with any action of the Director, or the Planning Commission, pertaining to this Chapter may appeal to the Planning Commission, or Board of Supervisors, within 30 days following written notice of the Zoning Administrator’s or Planning Commission’s decision being sent to the applicant.

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Article 23. Land Subdivisions

Sections:

• Sec. 2301 - Purpose and Objectives

• Sec. 2302 - Application of Article

• Sec. 2303 - Definitions Specific to Subdivision of Land

• Sec. 2304 - Functions Of Departments and the Advisory Agency Sec. 2305 - Preliminary Subdivision Procedures

• Sec. 2306 - Tentative Map

• Sec. 2307 - Final Map

• Sec. 2308 - Parcel Maps

• Sec. 2309 - Lot Line Adjustments Sec. 2310 - Reversion to Acreage Sec. 2311 - Exceptions and Appeals Sec. 2312 - Penalties and Enforcement

• Sec. 2313 - Payment of Fees, Charges, Dedications, or Other Requirements Against a

Development Project

• Sec. 2314 - Certificate of Compliance

Sec. 2315 - Correction and Amendment of Maps Sec. 2316 - Certificates of Voluntary Parcel Merger

Sec. 2301. Purpose and Objectives: The purpose of this Article is to promote the orderly development of the county, to protect purchasers and land owners, to ensure compliance with land division, zoning and building ordinances and regulations and with the Subdivision Map Act (Map Act) (Government Code Section 66410 et seq.), and to promote the public health, safety and welfare, and for the accomplishment of the following objectives:

• A. Implement the 2035 Kings County General Plan and elements thereof, as adopted by the Board of Supervisors.

• B. To ensure:

  1. Lot design and improvements that will not adversely affect the values or enjoyment of nearby properties;

  2. Adequate supply of domestic water;

  3. Adequate systems for sewage disposal;

  4. Adequate means for drainage of storm water;

  5. Adequate access to lots created by the division of land;

  6. Adequate improvements to public roads, streets and easements and other public improvements;

  7. Adequate provisions for fire protection;

  8. A safe and efficient road system;

  9. Proper grading and erosion control.

Sec. 2302. Application of Article. The provisions of this Article shall apply to Subdivisions as defined in the Subdivision Map Act and this Article; except as otherwise provided, all terms used herein which are defined in the Subdivision

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Map Act shall have the same meaning as provided in the Act, and as the Act may hereafter be amended in the future by the State Legislature. No land shall be subdivided, divided, or its boundaries adjusted for any purpose inconsistent with this Development Code. Before any approval is granted pursuant to this Article, a development permit must be obtained, where required, pursuant to Chapter 5A of the Kings County Code of Ordinances.

Sec. 2303. Definitions Specific to Subdivisions of Land: The definitions set forth in the Subdivision Map Act are hereby incorporated herein by this reference as though set forth at length and shall govern in the definition, interpretation and construction of this Article. The following basic definitions are provided here to assist the public in understanding the provisions of this Article. Please refer to the Subdivision Map Act, Government Code Section 66410 – 66499.58, for definitions not contained herein:

eby incorporated herein by this reference as though set forth at length and shall govern in the definition, interpretation and construction of this Article. The following basic definitions are provided here to assist the public in understanding the provisions of this Article. Please refer to the Subdivision Map Act, Government Code Section 66410 – 66499.58, for definitions not contained herein:

Advisory Agency (AA): A designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps. The Advisory Agency as designated in the Subdivision Map Act shall be comprised of Division One and Division Two, as detailed in Section 2304.G of this Article.

Assessor’s Parcel Number (APN): A twelve digit number (000-000-000-000) used as identification for taxation purposes. A particular APN may actually include two or more legal lots or parcels of record, or portions of a single parcel, therefore the land represented by an APN may not represent a single lot or parcel but rather a grouping of lots or parcels under a single ownership. A legal lot or parcel may also have more than one APN assigned.

Certificate of Compliance : A process through which the County records a document to establish a legal record officially recognizing a lot as legal in compliance with the Subdivision Map Act . A conditional Certificate of Compliance establishes a legal record when the property was not created in compliance with the Subdivision Map Act and county ordinances.

Improvement Plans: The plans, cross sections and specifications of all proposed improvements, including the information required by Section 2307.E of this Article.

Improvement Standards: Standards and requirements for design and construction of improvements shown in the "County of Kings Improvement Standards" as adopted by resolution of the Board of Supervisors, and as it may hereafter be amended. Improvement standards may be amended by resolution of the Board of Supervisors only after one week's notice that the Board intends to consider an amendment thereto.

In-Lieu Parcel Map: In lieu of filing a Tentative Parcel Map an In-Lieu Parcel Map can be filed. See Section 2308 for additional information.

Lot Line Adjustment: The adjustment of a lot line between four or fewer adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where no additional parcels are thereby created.

Parcel Map: The basic drawings (maps) of the land cadaster (ownership boundaries) for all public and private lands.

Parcel Map Waiver: A process by which to record a new legal description for property which does not necessitate the recording of an actual map.

Remainder: That portion of an original lot or parcel that is not a part of the Subdivision but, after recordation of the final or Parcel Map may be sold subject to the recordation of a Certificate of Compliance or a Conditional Certificate of compliance. A Designated Remainder shall not be counted as a parcel for the purposes of determining whether a Parcel Map or final map is required.

Reserve Strip: A strip of land offered for dedication, contiguous to a public way, accepted by the Board of Supervisors, but not declared a public road.

Subdivider: A person, firm, corporation, partnership or association proposing to divide, dividing or causing to be divided real property into a Subdivision for himself or for others, except that employees and consultants of such

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persons or entities acting in such capacity are not Subdividers.

Subdivision: Means the division by any Subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way.

Subdivision Map Act: The Subdivision Map Act shall mean Division 2 of Title 7 of the Government Code of the State of California as it now exists or may hereafter be amended.