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

• A. Legislative Intent; purpose. This Section is adopted to supplement and implement Sections 65970 to 65981 of the Government Code of the State of California in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within the district or one or more attendance areas thereof. All of the requirements of Sections 65970 to 65981 of the Government Code are incorporated by reference and shall apply to school districts and the county as though expressly set forth herein.

• B. Application: This Section applies to all dwelling units and all land proposed for residential development which is owned by any person, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land proposed for residential development which is owned by the United States and any agency of the United States, the State of California and any agency of the state, a city, and any public district or political Subdivision of the State of California insofar as it is legally possible to enforce this Section, or any portion thereof, against such entities.

• C. Definitions. The definitions set forth in Section 65973 of the Government Code of the State of California shall apply throughout this Section. In addition, the following words and phrases, as used in this Section, shall have the following meanings:

  1. Attendance area means that portion of a school district, with identifiable boundaries determined by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.

  2. Developer means any person, or any of the other entities mentioned in Section 2313.B above, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, files a Tentative Subdivision or Parcel Map for residential purposes, or makes application for a building permit for residential purposes.

  3. Dwelling unit means one or more rooms in a building, mobile home, or portion thereof, designed, intended to be used, or used for occupancy by a person or persons for living and sleeping quarters.

  4. Mobile home space means any space, including each space within a mobile home park, designed for parking a mobile home on a temporary, semi permanent or permanent basis.

  5. Reasonable methods for mitigating conditions of overcrowd ing include, but are not limited to, the following:

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  - a. Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to the school district for an interim period, or whereby temporary-use buildings owned by the school district will be used. 

  - b. The availability of funds, the use of which would not impair the normal functioning of education programs.

• c. The use of funds which could be made available from the sale of surplus school district real property and/or personal property.

  - d. The use of school district property for temporary-use buildings. 
  
  - e. The use of other schools in the district not having overcrowded conditions. 
  
  - f. Classroom space in other school districts that may be available for use. 
  

• D. School facilities; findings; notification to Board of Supervisors. Before a developer may be required to dedicate land or pay a fee in lieu thereof, pursuant to Sections 65970 to 65981 of the Government Code of the State of California and this Section, the governing board of a school district which operates an elementary or high school shall file a written notice with the Board of Supervisor s c ontaining all of the following:

  • 1 The findings required by Section 65971 of the Government Code.

  2. The evidence supporting the findings.

  3. The reasonable methods for mitigating conditions of overcrowding which have been considered by the school district and any determination made concerning them.

  4. The precise geographic boundaries of the overcrowded attendance area or areas, if applicable.

  5. Sufficient evidence on the interim classroom and related facilities needed by the school district, the costs of providing the same, and recommendations on a method for assessing fees and the recommended amount of such fees, so that the Board of Supervisor s m ay consider setting the fees charged to the developer.

  6. The schedule as required by Government Code Section 65976 with respect to the use of the fees, the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be made available.

  7. A report from the County Building Official and Director of Community Development with respect to whether or not the facilities to be constructed from the fees are consistent with the county's General Plan.

• E. Action by Board of Supervisors. Within 61 to 150 days after the date of receipt of such notice from a school district, the Board of Supervisors shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.

F. Fees or Dedication of Land or Facilities.

1. When the Board of Supervisors has concurred in such findings under Section 2313.E above, the Board shall determine the fees payable by a developer which shall be subject to the limitations imposed by state law, including Government Code Section 65995, et seq, Government Code Section 65974, Subdivision (a)(4), or any successor statutes thereto. Thereafter, no ordinance rezoning property to a residential use, no discretionary permit for residential use, no Tentative Subdivision or Parcel Map for residential purposes, and no building permit for residential purposes, shall be issued, approved or adopted within the school district or affected attendance area, without the fee previously determined by the Board being imposed as a condition of such issuance, approval or adoption.

perty to a residential use, no discretionary permit for residential use, no Tentative Subdivision or Parcel Map for residential purposes, and no building permit for residential purposes, shall be issued, approved or adopted within the school district or affected attendance area, without the fee previously determined by the Board being imposed as a condition of such issuance, approval or adoption.

2. Notwithstanding the provisions of Paragraph 1 above, the Board of Supervisors may find that there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Board would benefit the county and justify an approval, issuance or adoption without requiring the payment of fees or the dedication of land in Subdivisions containing more than 50 parcels.

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3. Notwithstanding the provisions of Paragraph 1 above, a developer may exercise the option of providing interim facilities at the developer's expense, at a place designated by the school district, in lieu of paying fees; or may enter into any other legally binding agreement with the school district which the school district deems satisfies its needs. A developer may also exercise the option of dedicating land in lieu of paying fees, in which case the value of the land dedicated shall equal the amount of the fees due from the developer. Although a developer may, by agreement, dedicate more land or pay more in fees than is required by this Section, in no case shall a developer be compelled to do so, either as a mitigation measure or condition of approval or otherwise.

4. A right to appeal the imposition of fees to the Board of Supervisors shall be available to a developer, who shall be apprised of such right at the time that fees are imposed in the manner provided by this Section.

5. Any dedication of land, or payment of fees in lieu thereof, shall comply fully with all of the requirements of this Section and Section 65974 of the Government Code of the State of California.

• G. Exemptions. This Section shall not apply to the following types of projects:

  1. Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development; provided, that the developer enters into a written agreement with the affected school district that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located.

  2. Conversion of existing apartment buildings to condominiums or a community apartment project, except when such apartment buildings were restricted to senior citizens and said restrictions are removed when the conversion takes place.

  3. Alterations, remodeling or renovations of existing residences which do not result in additional dwelling units.

H. Determination.

1. The fees payable by a developer to a school district shall be determined by the Board of Supervisors at or after the time that the Board concurs in the findings of the school district pursuant to Section 2313.E above.

   2. On request of a school district the Board of Supervisors shall consider adjusting the fee schedule to reflect new information on the fees necessary to alleviate overcrowding caused by new residential development.

• I. Time and Place of Payment. When the Board of Supervisors has determined that the developer shall pay fees pursuant to Section 2313.F above, the school district shall be responsible to ensure a copy of the determination of the Board is sent to the County Building Official and Director of Community Development. Payment of fees required shall then be made to the Building Official and the Director at the time the building permit is issued. The school district shall provide verification if a developer provided interim classroom facilities or has dedicated land in lieu of the fee, or has entered into an agreement which satisfies the school district's needs.

• J. Condition Precedent to Imposition of Fees. Notwithstanding anything in this Section to the contrary, no fee or dedication of land may be imposed hereunder unless and until the County receives a valid and enforceable commitment in writing from the school district that it shall at its sole cost and expense defend, represent, pay, and indemnify the county from and for any claim, demand, and/or litigation in any way arising out of or relating to this Development Code, its enforcement and operation, the establishment, the amount of and/or collection of fees established there under or therefore.

• K. Report by School District. The school district shall file with the Planning Division of the Community Development Agency not later than October 15th of each year a report on the following:

  1. The amount of fees received from each developer in the preceding fiscal year period of July 1st through June 30th.

  2. The facilities leased, purchased or constructed during the previous fiscal year and the amount expended on the facilities.

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3. A determination whether the school district, or attendance areas if applicable, will continue to be overcrowded in the current school year.

4. A schedule specifying how the school district will use fees or land acquired to relieve overcrowding, the sites to be used, the facilities to be acquired and the times when the facilities will be available.

• L. Termination of Dedication or Fee Requirement. If overcrowding conditions cease to exist in the school district, or affected attendance area, for which a fee or land dedication has been imposed under this Section, the school district shall promptly adopt a resolution so finding and deliver a copy of it to the Planning Division of the Community Development Agency.

Sec 2314. Certificates of Compliance. A Certificate of Compliance is a document issued by the Community Development Agency and recorded by the County Recorder, which acknowledges that the subject parcel, which was typically created prior to current Subdivision map requirements, is considered by the County to be legal parcel of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided. Section 66499.35 of the Map Act requires the approval of these certificates if the County determines that the real property complies with the provisions of the Map Act and of local ordinances enacted pursuant to this Section.

• A. Application . Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance or Conditional Certificate of Compliance. The processing, review and approval of a Certificate of Compliance shall be pursuant to the provisions of the Subdivision Map Act and this Article.

• B. Procedures for Filing an Application for a Certificate of Compliance.

  1. An original and three copies of the Certificate of Compliance application must be filed with Director of Community Development with such non refundable fees as established by resolution or order of the Board of Supervisors, to cover the cost of processing, reviewing and recording the Certificate of Compliance approval.

  2. The application for the Certificate of Compliance shall be in a manner and form prescribed by the Director of Community Development. Copies of such an application form shall be available to the public at the Planning Division of the Community Development Agency. The original application filed with the Director shall be suitable for recording and must be neatly and accurately lettered and be legible.

  3. The application form shall be 8 ½ by 11 inches in size and shall contain the following information:

     • a. The name of the property owner(s) of record for the subject property.

     • b. The legal description of the subject property.

     • c. The Assessor's Parcel Number for the subject property.

     • d. Record data for the subject property including copies of the deeds and other instruments of record title.

  4. The application shall be deemed filed when all provisions of this Article have been met.

  5. The Certificate of Compliance form must be signed by the Director of Community Development and the Public Works Director prior to recording.

  6. At the time of filing an application for a Certificate of Compliance, the applicant shall pay the planning division of the Community Development Agency a non-refundable fee in an amount established by ordinance of the Board of Supervisors.

C. Procedure for Review, Determination and Completion of a Certificate of Compliance Application.

1. A Certificate of Compliance is a ministerial action and shall be administratively reviewed by the Director of Community Development, who shall determine whether the real property was created in compliance with the

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Subdivision Map Act , the Kings County General Plan, and the Kings County Land Division procedures contained in this Development Code. The Director shall consult with the Public Works Department in order to review the Certificate of Compliance.

2. A Certificate of Compliance shall not be recorded which does not conform to state law, local ordinance, or other regulation.

3. Upon completion of the review of the Certificate of Compliance, the Director shall notify the applicant that either additional information is necessary, and specify what that information is, or inform the applicant that the application is in order and may proceed by recording the Certificate of Compliance.

4. The Certificate of Compliance form, recorded pursuant to the Certificate of Compliance approval, shall be reviewed and approved by the Director prior to being recorded.

5. Recording of the Certificate of Compliance shall constitute the completion of the procedures by the local agency.

Sec. 2315. Correction and Amendment of Maps. Pursuant to the provisions of Article 7 of Chapter 3 of Division 2 of Title 7 of the Government Code, commencing with Section 66469 thereof, the procedures established in this Article shall govern the correction or amendment of Final or Parcel Maps.

• A. Method and Purposes of Correction or Amendment. After a Final or Parcel Map is filed in the office of the County Assessor/Clerk-Recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:

  1. To correct an error in any course or distance shown thereon.

  2. To show any course or distance that was omitted therefrom.

  3. To correct an error in the description of the real property shown on the map.

  4. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

  5. To show the proper location or character of any monument which has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character.

  6. To correct any additional information filed or recorded pursuant to Section 66434.2, if the correction does not impose any additional burden on the present fee owner of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

  7. To correct any other type of map error or omission as approved by the County Surveyor, which does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. As used in this Section, “error” does not include changes in courses or distances from which an error is not ascertainable from the date shown on the final or Parcel Map.

or omission as approved by the County Surveyor, which does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. As used in this Section, “error” does not include changes in courses or distances from which an error is not ascertainable from the date shown on the final or Parcel Map.

• B. Additional Modifications. In addition to the methods and purposes of correction set forth in Section 2315.A, a final map or Parcel Map may be modified by a certificate of correction or an amending map if there are changed circumstances which make any or all of the conditions of the map no longer appropriate or necessary, and if the proposed modifications do not impose any additional burden on the present fee owner of the property, and if the proposed modifications do not alter any right, title or interest in the real property reflected on the recorded map, and if the Board of Supervisors finds that the map as modified conforms to the provisions of Government Code Section 66474. Any such modification or modifications to be made under this Section shall be set for public hearing by the Board of Supervisors pursuant to the provisions of Government Code Section 66451.3. The Board of Supervisors shall confine the hearing to consideration of, and action on, the proposed modification or modifications.

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• C. Preparation, Form and Contents. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Government Code Section 66434, if a final map, or Subdivisions (a) to (d), inclusive and (f) to (i), inclusive, of Government Code Section 66445, if a Parcel Map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

• D. Submittal and Approval by County Surveyor. The amending map or certificate of correction, complete as to final form, shall be submitted to the County Surveyor for review and approval.

  1. The County Surveyor shall review the amending map or certificate of correction for compliance with this Article and for compliance with Article 7 of Chapter 3 of Division 2 of Title 7 of the Government Code.

  2. The County Surveyor shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 2315.A, this fact shall be certified by the County Surveyor on the amending map or certificate of correction. All amending maps and certificates of correction shall be reviewed and examined by the County Surveyor pursuant to the provisions of Government Code Section 66471.

• E. Filing with the County Assessor/Clerk-Recorder.

1. The amending map or certificate of correction certified by the County Surveyor shall be recorded in the office of the Assessor/Clerk-Recorder. Upon such recordation, the Assessor/Clerk-Recorder shall index the names of the fees owners and the appropriate Subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.”

   2. Upon recordation of a certificate of correction, the Assessor/Clerk-Recorder shall, within 60 days of recording, transmit a certified copy to the County Surveyor, who shall maintain an index of recorded certificates of correction. If authorized in the County’s fee schedule, as adopted by the Board of Supervisors, the Assessor/Clerk-Recorder shall charge a fee, in addition to a fee charged for recording the certificate of correction, which shall be transmitted to the County Surveyor as compensation for the cost of maintaining an index of recorded certificates of correction. The amount of this additional fee shall not exceed the fee which is charged for recording the certificate of correction.

(Ord. No. 668-3-15, 8/4/15)

Sec 2316. Certificates of Voluntary Parcel Merger. A property owner may wish to voluntarily merge separate contiguous parcels to be utilized as a single parcel. Pursuant to Government Code Section 66499.20, the Voluntary Merger process provides the authority to the Director of Community Development to review and approve such request. Upon approval, a Certificate of Voluntary Merger will be recorded thereby constituting a legal merger of the parcels.

• A. Application. Any person owning two or more contiguous parcels of real property may request a Certificate of Voluntary Parcel Merger. The processing, review and approval of a Certificate of Voluntary Parcel Merger shall be pursuant to the provisions of the Subdivision Map Act and this Article.

• B. Procedures for Filing an Application for a Certificate of Voluntary Merger.

  1. An original and three copies of the Certificate of Voluntary Merger application must be filed with Director of Community Development with such non refundable fees as established by resolution or order of the Board of Supervisors, to cover the cost of processing, reviewing and recording the Certificate of Voluntary Merger approval.

  2. The application for the Certificate of Voluntary Merger shall be in a manner and form prescribed by the Director of Community Development. Copies of such an application form shall be available to the public at the Planning Division of the Community Development Agency. The original application filed with the Director shall be suitable for recording and must be neatly and accurately lettered and be legible.

  3. The following information shall be submitted with the application:

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• a. Copies of the deeds and other instruments of record title for the owner(s) of the properties to be merged.

  - b. Preliminary Title Report 
  
  - c. A legal description for the newly merged properties. 
  

  4. The application shall be deemed filed when all provisions of this Article have been met.

  5. At the time of filing an application for a Certificate of Compliance, the applicant shall pay the planning division of the Community Development Agency a non-refundable fee in an amount established by ordinance of the Board of Supervisors.

• C. Procedure for Review, Determination and Completion of a Certificate of Voluntary Merger Application.

  1. A Certificate of Voluntary Merger is a ministerial action and shall be administratively reviewed by the Director of Community Development, who shall determine whether the real property can be merged in compliance with the Subdivision Map Act , the Kings County General Plan, and the Kings County Land Division procedures contained in this Development Code. The Director shall consult with the Public Works Department in order to review the Certificate of Voluntary Merger.

  2. A Certificate of Voluntary Merger shall not be recorded which does not conform to state law, local ordinance, or other regulation.

  3. Upon completion of the review of the Certificate of Voluntary Merger, the Director shall notify the applicant that either additional information is necessary, and specify what that information is, or inform the applicant that the application is in order and may proceed by recording the Certificate of Voluntary Merger.

  4. The Certificate of Voluntary Merger form, recorded pursuant to the Certificate of Voluntary Merger approval, shall be reviewed and approved by the Director prior to being recorded.

  5. The Certificate of Voluntary Merger form must be signed by the Director of Community Development and the County Surveyor prior to recording.

  6. In compliance with Section 2316.B.6 above, prior to recording the Certificate of Voluntary Parcel Merger, the Certificate of Voluntary Parcel Merger form must be signed by all of the property owners involved. For any parcels that are encumbered by a deed of trust the following are required:

     • a. The project proponent shall present evidence that, at the time of the recording of the Certificate of Voluntary Parcel Merger in the office of the County Clerk/Recorder, the parties consenting to such recording are all of the parties having a record title interest in the real property being merged whose signatures are required, otherwise the Certificate of Voluntary Parcel Merger shall not be recorded.

     • b. Prior to recording the Certificate of Voluntary Parcel Merger, a Pro Forma Preliminary Title Report shall be submitted to the Community Development Agency stating how title will be held as a result of recording the Certificate of Voluntary Parcel Merger.

• c. Prior to recording the Certificate of Voluntary Parcel Merger, modifications of any deed(s) of trust that encumber property that is subject to this merger shall be submitted to the Community Development Agency and be approved by the Director for their content. The modifications of the deed(s) of trust shall be recorded simultaneously with the Certificate of Voluntary Parcel Merger to modify the legal description to be consistent with the parcel resulting from the merger.

  7. Recording of the Certificate of Voluntary Merger shall constitute the completion of the procedures by the local agency.

• (Ord. No. 668-1-16, §21, 1/12/16)

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Article 24. Enforcement and Recovery of Fines and Enforcement Costs

Sections:

Sec. 2401 - Permits, Certificates and Licenses Sec. 2402 - Duties of Zoning Administrator Sec. 2403 - Violations; Penalties Sec. 2404 - Recovery of Fines and Enforcement Costs

Sec. 2401. Permits, Certificates and Licenses: All officials, departments and employees of the County of Kings vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this Development Code and shall issue no permit, certificate or license which conflicts with the provisions of this Development Code. A court of competent jurisdiction may, in an appropriate and timely action, declare any permit, certificate or license issued in material conflict with the provisions of this Development Code to be void. Any permit, certificate or license issued in contravention of public policy shall be void ab initio.

Sec. 2402. Duties of Zoning Administrator: The Zoning Administrator shall be the official responsible for the enforcement of this Development Code. In the discharge of this duty, and subject to the Fourth Amendment, the Zoning Administrator’s authorized employees shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection provided that the right of entry shall be exercised only at reasonable hours. The Zoning Administrator may serve notice requiring the removal of any structure or use in violation of this Development Code on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Zoning Administrator’s authorized employees shall have the authority to take any enforcement action described in Chapter 1 and Chapter 1A of the Kings County Code of Ordinances for violations of this Development Code.