Taft Municipal Code Ch. 3 General Provisions

The Planning Director is charged with the review and approval of certificates of compliance, lot line adjustments and lot mergers of real property. The Project Assistance Team (PAT) as defined in Chapter 1, title VI of the Municipal Code shall make recommendations to the Commission on all divisions of real property. The Commission shall be the official body charged with approval of parcel map waivers, and approval, conditional approval, or denial of tentative parcel maps. The Commission shall further be charged with the duty of making investigations and reports on the design and improvements of proposed tentative subdivision maps and to approve, conditionally approve, or deny such tentative subdivision maps. The Council shall have the final authority to approve, conditionally approve, or disapprove all tentative subdivision maps and shall take final action on all final maps and parcel maps. (Ord. 839-20, 10-20-2020)

Fees for filing, checking and processing of any map or other papers, diagrams or documents required under this Title; fees for preparation and filing of any certificate of compliance, and fees for any appeal authorized hereunder shall be in the amount prescribed by resolution of the Council. (Ord. 839-20, 10-20-2020)

Except where required by the Map Act, the Commission may waive the requirements of recordation of a parcel map if the Commission determines that (i) the filing of a parcel map would serve no substantial public purpose, (ii) it finds that such division complies with requirements as to improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection, and (iii) if finds that the waiver meets the requirements of section 66428 of the Map Act. The commission is authorized to require the subdivider to furnish a tentative map or such information as it deems necessary with respect to matters to be considered. In case of waiver, the commission shall issue a certificate of compliance under section 66499.35 of the Map Act. (Ord. 839-20, 10-20-2020)

A tentative map shall be required for all subdivisions unless waived by the Commission consistent with the provision of section 10-3-3 above. (Ord. 839-20, 10-20-2020)

A subdivider filing a tentative map may request an extension of the tentative map approval or conditional approval by written application to the Commission for either granting said extension or, where consistent with the provisions of this Title, as a recommendation to the Council for such determination. Such application, stating the reasons for requesting an extension, is to be filed at least thirty (30) days before the approval or conditional approval is due to expire. The approved or conditionally approved map may be extended for an additional time consistent with the provisions set forth in section 66463.5 of the Map Act. (Ord. 839-20, 10-20-2020)

Pursuance to section 66475 of the Map Act, as a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of real property within the subdivision that is deemed necessary for streets, alleys, including access rights and abutter’s rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in section 66477.2 of the Map Act. (Ord. 839-20, 10-20-2020)

Pursuant to section 66479 of the Map Act, as a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area a location for parks, recreational facilities, fire stations, libraries or other public uses subject to the requirements set forth in section 66479 including subsection (a), (b), (c), and (d) of the Map Act. (Ord. 839-20, 10-20-2020)

Pursuant to section 66483 of the Map Act, as a condition of approval of a tentative map, the subdivider shall pay fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas subject to subsection (a) through (f) of section 66483 of the Map Act. (Ord. 839-20, 10-20-2020)

Pursuant to section 66485 of the Map Act, as a condition of approval of a tentative map, improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity of number for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. (Ord. 839-20, 10-20-2020)

No tentative map filed pursuant to this Title shall be approved until an environmental impact analysis is prepared, processed and considered by the Advisory Agency in accordance with the provisions of the California Environmental Quality Act (CEQA). The subdivider shall provide such additional data and information which may be required to adequately consider the environmental impacts the subdivision may have upon the environment and to make a deposit and pay such fees as may be required for the preparation and processing of any such required environmental documents associated with the tentative map. (Ord. 839-20, 10-20-2020)

Every tentative map approved pursuant to the Title shall be conditioned on the prevention of sedimentation or damage to off-site property, as set forth in the California Building Code adopted by the Council. (Ord. 839-20, 10-20-2020)

Whenever the Advisory Agency finds that the real property involved in a tentative map is of such size, shape, topographical condition of location is not consistent to such title limitations or it is to be devoted to such use that it is impossible or impractical in that particular case to fully conform to the regulations contain in this Title, the Advisory Agency may (i) make such modifications thereof as is reasonably necessary or expedient, (ii) shall find that the modification is consistent with the City’s General Plan and (iii) make findings that the modification is in conformity with the spirit and purpose of this Title and the Map Act. No such modification may be made to the requirements for adequate water, sewage facilities, fire hydrants, and any requirements of the Map Act. (Ord. 839-20, 10-20-2020)

If any section, subsection, subpart, paragraph, sentence, clause, phrase, portion or provision; or the application thereof to any person, property or circumstance of this Title is, for any reason, held to be unconstitutional or invalid, such decision shall not be deemed to affect the validity of the remaining section, subsection, subpart, paragraph, sentence, clause, phrase, portion of provision; or the application thereof to any person property or circumstance of this title, which remaining portions the Council declares it would have adopted, notwithstanding. (Ord. 839-20, 10-20-2020)

A real estate tract sales office and model homes are allowed prior to recordation of the final map provided they are in compliance with section 66499.30 of the Map Act with conditions as follows:

(A) Each tentatively approved subdivision or a particular phase of each tentatively approved subdivision is permitted a maximum of ten (10) model homes, one of which may include a tract sales office.

(B) Model homes may be constructed prior to recordation of the final map; however, no such home shall be sold, leased, rented, or financed until the final map has been recorded with the Kern County Recorder’s Office pursuant to this Title and a final inspection has been approved by the City’s Building Official.

(C) Sales offices shall only be used during the original sales of the lots or homes within the tentatively approved subdivision in which they are located.

(D) A sales office may be located in a model home; however, a separate temporary office, which may include a commercial coach or mobile home, is permitted for a period of time not to exceed ninety (90) days prior to completion of the model home in which the sales office is to be located. Any sales office located in the garage portion of a model home shall be removed and converted to a garage prior to the issuance of an approved final inspection by the City Building Official.

(E) The vehicular route leading to and in front of any sales office and any model home shall be paved from an existing improved public street prior to the public being invited to the office for the sale of lots or homes or for a tour of any model home by the public. (Ord. 839-20, 10-20-2020)

The subdivider shall be required to dedicate real property or pay fees in lieu thereof, or a combination of both for park or recreational purposes as a condition to an approved tentative map or parcel map, of all of the subdivisions of section 66477(a) through (g) inclusive of the Map Act are met. (Ord. 839-20, 10-20-2020)

(A) APPEAL OF ACTION: Any subdivider may appeal a decision of the Commission to the Council where the Commission’s decision would otherwise be final.

(B) FILING OF APPEALS: Appeal application forms shall be made available at the office of the Planning Department to any subdivider wishing to appeal an action included in this Title. Appeal applications shall be filed with the Planning Department within ten (10) days, in accordance with section 66452.5 of the Map Act, following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday, a Saturday or a Sunday, the following business day shall be deemed the last day to act. Appeals requiring Council consideration will be forwarded to the City Clerk by the Planning Director.

(C) APPEAL HEARINGS: Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Commission decision, notice shall be given pursuant to Section 6-2-19 of Title VI of the Municipal Code.

(D) EFFECTIVE DATE OF APPEAL ACTIONS: Except as otherwise provided for in this Title, an action that has been appealed shall not become effective until a final determination is made by the Council. (Ord. 839-20, 10-20-2020)

As provided in section 66474.9(b) of the Map Act, the City shall require, as a condition for a tentative parcel or final map application or approval, that the subdivider defend, indemnify, and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul an approval by the City concerning a subdivision which action is brought within the time period provided for in section 66499.37 of the Map Act. (Ord. 839-20, 10-20-2020)