C H A P T E R AUTHORITY, PURPOSES, AND EFFECT OF THE LAND DIVISION ORDINANCE

Transcription

1 C H A P T E R AUTHORITY, PURPOSES, AND EFFECT OF THE LAND DIVISION ORDINANCE SECTIONS: CITATION PURPOSES OF THE LAND DIVISION ORDINANCE APPLICABILITY EXCEPTIONS AND EXCLUSIONS COMPLIANCE WITH THIS TITLE VIOLATIONS OF THE TITLE RELATIONSHIP TO OTHER REGULATIONS AND REQUIREMENTS SEVERABILITY CITATION This title shall be known as, and may be cited and referred to as, the "Land Division Ordinance of Kern County." PURPOSES OF THE LAND DIVISION ORDINANCE The Land Division Ordinance of Kern County is adopted to promote and protect the public health, safety, and welfare through the orderly regulation of land division throughout the unincorporated area of Kern County. Further, the purposes of this ordinance are to: A. Provide the economic and social advantages resulting from orderly land division. B. Encourage and guide development consistent with the Kern County General Plan, the Bakersfield Metropolitan General Plan, and adopted Specific Plans. C. Provide lots of sufficient size and appropriate design so as to be usable for their intended purposes. D. Provide for the preservation of environmental assets and natural resources, including land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, and open space. E. Ensure provision of adequate traffic circulation, utilities, and services APPLICABILITY A. This title shall apply, to the extent permitted by law, to all property in unincorporated Kern County whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the County of Kern; or by any authority or public entity organized under the laws of the State of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the County of Kern. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 1

2 B. This title, and as may be subsequently as amended, shall not apply to any land division the tentative map for which was submitted prior to the effective date of this title, provided that the submitted application and tentative map for such land division was complete prior to such effective date of this title. With respect to those tentative maps to which this title does not apply, the affected provisions of the title prior to its amendment shall continue to apply, including, but not limited to, those cases where an extension of time for recordation of such land division map was granted EXCEPTIONS AND EXCLUSIONS This title does not apply to, and no map shall be required for, any of the following: A. Sale, lease, financing, conveyance, or other transfer of a whole lot, parcel, or unit of land, or two (2) or more whole lots, parcels, or units of land, lawfully created under the provisions of the Subdivision Map Act or any prior law of the State of California regulating the division of land or created under the provisions of any ordinance of the County of Kern regulating subdivisions or other divisions of land, or the creation of which was not subject to any such provisions at the time of its or their creation. B. Conveyances or leases relating solely to oil, gas, or mineral rights. C. Financing or leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building, mobilehome park, or trailer park. D. Creation, sale, lease, financing, conveyance, or other transfer of a lot, plot, space, crypt, or vault within a cemetery or burial park designed and used or intended to be used for the interment of human remains or animal remains. E. Any division of land resulting solely from a judgment in an action of eminent domain in favor of the State, County, or any other political subdivision, governmental agency, or public entity. F. Any division of land resulting solely from a judgment in an action of eminent domain in favor of a public utility or other corporation having power of eminent domain, where the land is required for the purposes of providing a public utility service or other public service. G. Any conveyance, deed, dedication, or offer of dedication of land, right-of-way, or easement running to the State, County, or any other political subdivision, governmental agency, or public entity which has agreed to accept the same. H. Any conveyance to or from the State, County, or any other political subdivision, governmental agency, or public entity. I. Any conveyance to or from a public utility, conveyance of land used or intended to be used for public utility right-of-way purposes, or conveyance to or from a mutual water company. J. Any conveyance to a subsidiary of a public utility for conveyance to such public utility for rights-of-way. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 2

3 K. Short-term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the California Public Utilities Code. L. Any lease of agricultural land for agricultural purposes. For the purposes of this paragraph, "agricultural land" means land that is permitted to be used for agricultural uses under the Zoning Ordinance, and "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. M. A boundary line agreement or exchange agreement to which the State Lands Commission is a party. N. Subdivision of four (4) parcels or less for construction of removable commercial buildings having a floor area of less than one hundred (100) square feet. O. Easements or rights-of-way for pipes, ditches, canals, drainage lines, and surface drainage. P. The leasing of or the granting of an easement to a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the Planning Director, Planning Commission, or the Board of Supervisors. Q. Any separate assessment under Section of the California Revenue and Taxation Code. R. Subject to the requirements of Sections 66412(g) and 66412(h) of the California Government Code, the conversion of a community apartment project or a stock cooperative to a condominium. S. The construction, financing, or leasing of dwelling units pursuant to Section or second units pursuant to Section of the California Government Code; but this title shall apply to the sale or transfer, but not leasing of those units. T. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the Planning Director, Planning Commission, or the Board of Supervisors. U. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under Section and of the Kern County Zoning Ordinance. V. The financing or leasing of existing separate commercial or industrial buildings on a single parcel. W. Any other mandatory exceptions to the applicability of the California Subdivision Map Act as provided in the California Subdivision Map Act. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 3

4 X. Any division of land creating any parcel as a result of exempt public agency action described in this section COMPLIANCE WITH THIS TITLE A. It shall be unlawful to subdivide or develop any parcel of land in a manner that does not strictly conform to the provisions of this title, the Kern County Ordinance Code, the Kern County General Plan, and any applicable specific plan. B. No department, official, or employee of the County of Kern vested with the duty or authority to issue permits subject to the requirements of this title shall issue a permit in conflict with the provisions of this title; any permit issued in conflict with any provision of this title shall be null and void. Further, no permit shall be issued by any department, official, or employee of the County of Kern for any lot or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists VIOLATIONS OF THE ORDINANCE Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter of this title RELATIONSHIP TO OTHER REGULATIONS AND REQUIREMENTS The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the Kern County Board of Supervisors, the Kern County Fire Department, the Kern County Environmental Health Services Department, the Regional Water Quality Control Board, the Air Pollution Control District, the Kern County Engineering and Survey Services Department, the Kern County Water Agency, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two (2) or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply unless a variation has been specifically granted. No application authorized under this title shall be processed if the property for which the application is submitted contains any violations of the Kern County Zoning Ordinance (Title 19 - Kern County Ordinance Code) until such time as all such violations are fully abated, unless processing the application is necessary to abate the applicable Zoning Ordinance violation SEVERABILITY If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Board of Supervisors hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any or one (1) or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 4

5 C H A P T E R RESPONSIBILITIES SECTIONS: PURPOSE BOARD OF SUPERVISORS PLANNING COMMISSION RESOURCE MANAGEMENT AGENCY SUBDIVISION REVIEW COMMITTEE PLANNING DIRECTOR PLANNING DEPARTMENT ENGINEERING AND SURVEY SERVICES DEPARTMENT ROADS DEPARTMENT COUNTY COUNSEL FIRE DEPARTMENT ENVIRONMENTAL HEALTH SERVICES DEPARTMENT PARKS AND RECREATION DEPARTMENT/RESPONSIBLE RECREATION AND PARK DISTRICT PURPOSE The purpose of this chapter is to describe the responsibilities of the individuals, departments, and committees responsible for reviewing, processing, and approving land divisions in Kern County BOARD OF SUPERVISORS The responsibilities of the Board of Supervisors under this title shall include the following: A. Consider and approve, conditionally approve, or disapprove appeals as provided in the California Subdivision Map Act and this title PLANNING COMMISSION The Planning Commission is designated as the Advisory Agency to approve, conditionally approve, or disapprove tentative tract maps and associated development and limited design variations as provided by the California Subdivision Map Act and this title RESOURCE MANAGEMENT AGENCY The Resource Management Agency includes the Planning Department, Engineering and Survey Services Department, Environmental Health Services Department, Roads Department, and the Community Economic and Development Department. The Resource Management Agency Director may authorize changes in the scope of responsibilities in the member departments that are included in Resource Management Agency that may result in some changes in the responsibilities of those member departments as set forth in this title. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 5

6 SUBDIVISION REVIEW COMMITTEE A. Membership The Subdivision Review Committee is a staff level meeting to discuss technical matters relating to study maps, tentative tract maps, and any associated development and limited design variations. It shall be composed of the Planning Director, the Environmental Health Services Director, the Fire Chief, the Director of Engineering and Survey Services, the Director of Roads Department, or their designated representatives. The Board of Supervisors may also appoint the head of any other County department or agency to membership on such committee. The Planning Director or his/her designated representative shall act as chair of the Committee. In the absence of both, the Committee shall elect a temporary chairperson. By acting as chairperson, a member shall not be disqualified to vote. B. Powers and Duties of the Committee The Subdivision Review Committee shall have the following powers and duties: 1. Adopt rules for its proceedings. 2. Conduct meetings scheduled as needed and conduct special meetings at such times and in accordance with such procedures as the Committee may determine. 3. Review, discuss, and make recommendations on all matters which pertain to study maps, tentative tract maps, and any associated development variations. 4. Approve, conditionally approve, or deny limited exceptions and limited design variations. 5. Review, discuss, and make recommendations on matters pertaining to the standards for subdivisions generally. 6. Provide the subdivider and the head of any County department or other public agency a reasonable opportunity to present any relevant matter to the Committee. 7. As permitted by law, require the subdivider to furnish additional information and documents and make recommendations with respect to the form of the map deemed necessary for proper consideration of the tentative map and any action or recommendation which may appear necessary with respect thereto. 8. Forward its recommendations to the Planning Commission in a timely manner after review by the Committee has been completed. Such recommendations shall be accompanied by any written dissenting or minority report of any County official presented to the Committee, if the responsible official requests such report be forwarded. Preparation of a minority report shall be the sole responsibility of the dissenting Committee member PLANNING DIRECTOR A. The Planning Director is designated as the Advisory Agency to approve, conditionally approve, or disapprove tentative parcel maps, parcel map waivers, lot line adjustments, and LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 6

7 associated development and limited design variations as provided by the California Subdivision Map Act and this title B. It shall be the responsibility of the Planning Director to manage the Planning Department in carrying out the responsibilities imposed on it by this title and to carry other responsibilities imposed on the Director by this title PLANNING DEPARTMENT A. It shall be the responsibility of the Planning Department to recommend to the Subdivision Review Committee approval, conditional approval, or disapproval of any tentative tract map in relation to design and land use. The Department's recommendations shall address, among other matters, the following: 1. Compliance with the General Plan, any applicable specific plan, and the Kern County Ordinance Code; 2. Concept of development; 3. Lot size, design, and suitability for intended use; 4. Street alignment and width; 5. Dedication of land and/or fees for public purposes; 6. Necessary zone changes, including, but not limited to, applicable floodplain zoning; 7. Open space; 8. Adequacy of any lot use feasibility study; 9. Potential safety and crime risks associated with circulation, street lighting, and location of lots to recreation and school facilities in consultation with the Sheriff's Department. 10. Mitigation measures applicable to the land division as specified in any applicable environmental document prepared pursuant to the requirements of the California Environmental Quality Act. B. It shall be the responsibility of the Planning Department to recommend to Planning Director approval, conditional approval, or disapproval of any tentative parcel map, parcel map waivers, lot line adjustments and associated development, and limited design variations. The Department's recommendations shall address, as appropriate, the matters listed in Section A ENGINEERING AND SURVEY SERVICES DEPARTMENT A. It shall be the responsibility of the Engineering and Survey Services Department to recommend to the Subdivision Review Committee approval, conditional approval, or disapproval of any tentative tract map in relation to improvement facilities. The Department's recommendations shall address, among other matters, the following: LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 7

8 1. Adequacy of all tentative map survey, if submitted; 2. Adequacy of any lot use feasibility study; 3. Proposed drainage and flood control improvements (e.g., location and sizes of drainage channels and easements, sumps, and ponding areas); 4. Methods of erosion control; 5. Adequacy of preliminary flood hazard study; 6. Adequacy of the geological hazard report and recommended mitigation measures; and 7. Adequacy of preliminary soil report, along with any recommendations for correction of any soil or geologic hazards report and mitigation measures. B. It shall be the responsibility of the Engineering and Survey Services Department to recommend to the Director of the Planning Department approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The Department's recommendation shall address, as appropriate, the matters listed in Section A. C. It shall be the responsibility of the Engineering and Survey Services Department to review all final maps for compliance with conditions of approval, compliance with the requirements of the California Subdivision Map Act and this title, to approve all improvement plans and/or improvement agreements, and to carry out other responsibilities imposed upon it by this title. D. It shall be the responsibility of the Engineering and Survey Services Department to maintain current development standards, which establish and specify technical procedures, materials, and design standards for the design and construction of land division infrastructure in accordance with the various titles within the Kern County Ordinance Code and other regulations. Development standards shall be adopted or amended at a Director=s hearing, in which the Director of the Engineering and Survey Services Department shall preside and conduct the hearing, generally following the procedures set forth in Sections through of the Kern County Ordinance Code. E. It shall be the responsibility of the Engineering and Survey Services Department to recommend approval or denial of all requested limited exceptions, as specified in the Kern County Development Standards. The Engineering and Survey Services Department may, with the concurrence of the applicant, elect to consider any request for a limited exception if the request is made prior to the time either the improvement plans or the final map are submitted, in which case the decision of that Department shall be final. Before taking action on any limited exceptions involving road dedications or improvements, the Engineering and Survey Services Department shall consult with and consider any recommendations by the Roads Department. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 8

9 ROADS DEPARTMENT A. It shall be the responsibility of the Kern County Roads Department to recommend to the Subdivision Review Committee approval, conditional approval, or disapproval of any tentative tract in relation to the engineering feasibility of street alignments and widths and traffic safety concerns, with particular regard to sight distances, turning maneuvers, and intersection traffic controls. B. It shall be the responsibility of the Roads Department to recommend to the Planning Director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The Department's recommendation shall address, as appropriate, the matters listed in Section A. C. It shall be the responsibility of the Roads Department to consider the impacts of any land division application with respect to traffic movement and safety, levels of service impacts, circulation impacts, and impacts to the County=s road maintenance program. The Roads Department may require an applicant to generate trip data information and an analysis of potential traffic impacts when deemed necessary by that department; however, any such request shall be made prior to the applicable land division application being accepted as complete for processing purposes COUNTY COUNSEL It shall be the responsibility of the County Counsel to approve all subdivision improvement agreements as to form FIRE DEPARTMENT A. It shall be the responsibility of the Fire Department to recommend to the Subdivision Review Committee approval, conditional approval, or disapproval of any tentative tract map in relation to fire protection facilities. The Department's recommendations shall address, among other matters, the following: 1. Location and spacing of fire hydrants; 2. Minimum fire flows necessary to serve the proposed development; 3. Water system design; 4. Emergency access roads; 5. Location of fire and fuel breaks and easements; 6. Dedication of land and/or fees for fire station sites; and 7. Special provisions for land divisions in hazardous fire areas. B. It shall be the responsibility of the Fire Department to recommend to the Planning Director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The Department's recommendation shall address, as appropriate, the matters listed in Section A. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 9

10 C. It shall be the responsibility of the Fire Department to review and approve fire protection facilities in connection with all final maps ENVIRONMENTAL HEALTH SERVICES DEPARTMENT A. It shall be the responsibility of the Environmental Health Services Department to recommend to the Subdivision Review Committee approval, conditional approval, or disapproval of any tentative tract map in relation to the impact of the proposed subdivision on public health and safety. The Department's recommendations shall be based on Kern County Environmental Health Services Department Standards and Rules and Regulations for Land Developments and shall address, among other matters, the following: 1. Proposed method of sewage disposal; 2. Source, quantity, and quality of the water supply proposed for domestic use; 3. Factors affecting environmental health; 4. Adequacy of any preliminary soil report, along with any recommendations for correcting any soil or geologic hazards; and 5. Availability of solid waste services and facilities in collaboration with the Waste Management Department. 6. Adequacy of any acoustical report along with any recommendations for noise attenuation. B. It shall be the responsibility of the Environmental Health Services Department to recommend to the Planning Director approval, conditional approval, or disapproval of any tentative parcel map or parcel map waiver and associated development and limited design variations. The Department's recommendation shall address, as appropriate, the matters listed in Section A. C. It shall be the responsibility of the Environmental Health Services Department to review and approve improvements in connection with all final maps with respect to the following: 1. Method of sewage disposal; 2. Water supply for domestic use; 3. Water system improvement plans; and 4. Other factors affecting environmental health. D. The Environmental Health Services Department shall also function as liaison with the Regional Water Quality Control Boards, the California Department of Health Services, and the Federal Environmental Protection Agency. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 10

11 PARKS AND RECREATION DEP ARTMENT/RESPONSIBLE RECREATION AND PARK DISTRICT A. It shall be the responsibility of the Kern County Parks and Recreation Department or responsible recreation and park district to recommend to the Planning Department approval, conditional approval, or disapproval of any tentative tract map in relation to the need for open space, park and recreation facilities, and dedication of land for park and recreation facilities or payment of in-lieu fees. B. It shall be the responsibility of the Kern County Parks and Recreation Department or responsible recreation and park district to recommend to the Planning Director approval, conditional approval, or disapproval of any tentative parcel map. The Department's recommendations shall address, as appropriate, the matters listed in Section A. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 11

12 C H A P T E R TRACT MAPS AND APPLICATION CONTENTS SECTIONS: PURPOSE APPLICABILITY TENTATIVE TRACT MAP APPLICATION AND CONTENTS REVERSION TO ACREAGE SUBMITTAL OF TENTATIVE TRACT MAP SUBMITTAL OF FINANCING TENTATIVE TRACT MAP REVIEW BY THE SUBDIVISION REVIEW COMMITTEE NOTICE AND HEARING DECISION APPEAL MATTERS TO BE CONSIDERED AND FINDINGS DEVELOPMENT VARIATIONS LIMITED DESIGN VARIATIONS CONDITIONS OF APPROVAL CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS, AND STOCK CO-OPERATIVES EXPIRATION AND EXTENSIONS MINOR REVISIONS WITHDRAWAL OF TENTATIVE TRACT MAP PURPOSE The purpose of this chapter is to establish the circumstances under which tract maps are required, to establish the circumstances under which exceptions apply, to set out application requirements, and to set forth requirements for submittal, review, and approval of tentative tract maps APPLICABILITY Tentative and final tract maps shall be required for all divisions of land into five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, and conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where: A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway maintained by a public or semipublic entity, and all dedications and improvements required by a tract map have been completed; B. Each parcel created by the division has a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway; or C. The land consists of a parcel or parcels of land having approved access to a public street or highway and comprises part of an area of land zoned for industrial or commercial development. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 12

13 D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (1/4) of a quarter (1/4) section. A parcel map shall be required for those land divisions described in Sections A, B, C, and D unless waived by the Planning Director in accordance with the provisions of Section TENTATIVE TRACT MAP APPLICATION AND CONTENTS The application for a tentative tract map shall include the following information: A. Name and address of the applicant (subdivider). B. Name(s) and address(es) of the property owner(s). C. Letters of authorization from the subdivider and the property owner if the owner is not the subdivider. (If original signature appears on the Kern County Land Division Application form, then separate letter of authorization is not required.) D. Name and address of person who prepared the map, including registration and/or license number. E. Assessor's parcel numbers. F. Legal description of the property. G. A tentative tract map, prepared by a licensed land surveyor or a registered civil engineer authorized to perform land surveying, twenty-four (24) by thirty-six (36) inches in size and drawn to a scale sufficient in size to show all necessary detail. The map shall include the following information: 1. Original parcel lines. 2. When existing slopes exceed one (1) percent for any portion of the tentative tract or within seventy-five (75) feet of the tentative tract boundary, existing contour lines for the area within the tentative tract and for the area within seventy-five (75) feet of the tentative tract boundary shall be clearly shown. Additional contour lines covering areas in the vicinity of the tentative tract may be required by the Planning Director if deemed necessary for adequate consideration of public health and safety matters. The existing contour intervals shall be: Map Scale (Feet to 1 inch) Contour Interval (Feet) Where interval spacing is closer than one-quarter (1/4) inch, the next greater interval may be used. Where interval spacing is one (1) inch or greater, spot elevations shall be placed at the corners of the map. Contour intervals shall be clearly labeled. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 13

14 Contour information for tract maps may be based on existing U.S. Geological Survey quad maps if the registered civil engineer or licensed land surveyor believes, and the Planning Director concurs, the U.S. Geological Survey quad (7.5 min) provides sufficient detail for development of the site. 3. The proposed division lines with dimensions. Each lot to be created shall be designated on the tentative tract map by number or letter, except as provided in Section of the California Subdivision Map Act. 4. Location of all existing structures on the original parcels, all existing and abandoned oil wells of record on the original parcels, the location of existing and proposed domestic water wells on-site, and all of the above within one hundred fifty (150) feet of the exterior map boundary, and the location of existing and proposed septic tanks and disposal fields on site. In lieu of providing the above information within one hundred fifty (150) feet of the exterior, provide a dated aerial photo with the boundaries of the map plotted on it. The drawing shall extend one hundred fifty (150) feet beyond the tract map boundaries and have a scale and north arrow shown on it. Existing buildings and structures shall be identified. If no such structures exist within the project boundary or within one hundred fifty (150) feet of the map boundary, a note to that effect shall be stated on the face of the map. 5. The distance from the structures to the boundary lines of the new lot(s) on which the structures are located. Such distances shall be established by a registered civil engineer or licensed land surveyor's survey when deemed necessary by the Planning Director. 6. Names, location, road number, purpose, and width of all existing and proposed rights-of-way, pedestrian ways, easements, streets, and appurtenant utilities on site or adjacent to the site. a. Existing off-site easements that are within two hundred (200) feet of the exterior map boundary need not be shown on the tentative map, unless the easements appear on recorded tract and/or parcel maps or Engineering and Survey Services Department case maps. Record information shall be shown as follows: (1) Easements within one hundred fifty (150) feet of the exterior map boundary. (2) Road easements only from one hundred fifty (150) feet and two hundred (200) feet of the exterior map boundary. b. Any public streets or public easements to be abandoned through the recordation of the map pursuant to Section 66434(g) of the California Subdivision Map Act shall be located and labeled by reference to the recording data or other official record that created it. The public street or public easement shown shall also be labeled "proposed for abandonment through this map" to facilitate public notification. No public easement LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 14

15 vested in another public entity shall be abandoned through this process if that public entity objects to the proposed abandonment. 7. Location, approximate width, centerline, and gradient of all watercourses, drainage channels, existing and proposed drainage easements, drainage structures within the map boundary, and any drainage channels outside the map boundary that may likely affect property within the map boundary. 8. Approximate high water lines in lake or reservoir areas and areas subject to inundation. 9. North arrow. 10. Map scale. 11. Location of any Earthquake Fault Zone delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zones Act. 12. Location of all proposed drainage structures, constructed channels, sumps, and other appurtenances. A drainage plan shall be submitted when required by County departments. 13. Direction and gradient of street drainage by arrows. 14. In mountainous and hilly terrain, cut and fill slope limits shall be shown on all proposed road and drainage facilities. 15. A vicinity map. 16. Description of the project, including the following information: a. Total project area (gross and net), number of lots to be created, and minimum lot area. b. Existing and proposed land uses. c. General Plan designation and existing and proposed zoning. d. Proposed source of domestic and fire protection water supply. e. Proposed method of sewage disposal. f. If phasing is proposed, it shall be noted on the tentative tract map. g. Proposed street and highway improvements. H. Environmental documentation. I. Preliminary Title Report, not over ninety (90) days old (three (3) copies). LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 15

16 J. Additional Reports and Data. Except where waived by the appropriate department or agency noted, every tentative tract map submittal shall be accompanied by the documents noted in the subsequent subsections. Further, it shall be the responsibility of the subdivider or his/her authorized agent to determine the necessity of such documents prior to submittal of the proposed tract map to the Planning Department, and the responsibility of the applicable department or agency to furnish such waiver to the Planning Department in writing prior to submittal of the proposed tract to the Subdivision Review Committee. A copy of such waiver shall also be furnished to the subdivider or his/her agent. 1. A lot use feasibility study which demonstrates to the Environmental Health Services Department, Roads Department, Engineering and Survey Services Department, and Planning Department that the proposed subdivision and its design and access roads are suitable to serve the intended use of the property and will not have any adverse effect upon the probable future use, development, or subdivision of other property in the surrounding area. The Lot Use Feasibility Study shall show proposed building sites, existing and preliminary final grades and, where applicable, the proposed location of septic systems and leach lines. In areas containing steep slopes, the Lot Use Feasibility Study shall demonstrate compliance with the Hillside Development requirements contained in Chapter of the Kern County Zoning Ordinance and shall specify any necessary measures to control erosion and sedimentation. The Lot Use Feasibility Study shall be considered only as an informational document or guide, and shall not be deemed to regulate any future use, development, or subdivision of other property. 2. A flood hazard study/drainage plan shall be required for a tentative tract map and parcel map. This study shall be prepared by a registered civil engineer and shall address the following items: a. Provisions of the Floodplain Management Ordinance. b. Evaluation and mitigation of potential flood hazards as a result of occurrence of the base flood, as required by the Floodplain Management Ordinance. c. Suitability of the site for the intended use where a special flood hazard condition exists. This includes the ability to receive off-site floodwaters and discharge them as nearly as possible in the manner and location which existed prior to development. d. Effect of the proposed improvements on the carrying capacity of existing natural drainage channels and flood control facilities or other appurtenances. e. Provisions for erosion control, including the prevention of sedimentation or other damage to property or improvements within or without the subdivision. f. A drainage plan which proposes mitigation measures for any increase of the flow of runoff resulting from the proposed development shall be submitted when required by Kern County departments. 3. A geologic hazards report prepared and signed by a registered geologist or engineering geologist which demonstrates conditions of the site, including description of the geology of the site. This report shall include conclusions and LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 16

17 recommendations for mitigation measures with regard to the effect of the geologic conditions on the proposed development. It shall include, but not be limited to, the consideration of: a. Maximum credible earthquake and maximum expected bedrock accelerations b. Faulting c. Landslides/rock falls d. Land subsidence e. Liquefaction, as required Such report shall be filed with the Planning Director and reviewed and approved by the Director of the Engineering and Survey Services Department. No final tract map shall be approved, certified, or recorded if any geologic report required as a condition of approval of the tentative tract map has not been furnished or has been determined to be inadequate by the Director of the Engineering and Survey Services Department. Where a geologic report has been required pursuant to the Alquist-Priolo Earthquake Fault Zone Act and furnished in conformity with this subsection, a notice shall be placed on the tract map as recorded in substantially the following form: NOTICE IS HEREBY GIVEN that all or part of the area within the subdivision shown on this map lies within a Earthquake Fault Zone (hazardous fault zone) delineated by the State Geologist, pursuant to the Alquist-Priolo Earthquake Fault Zones Act (commencing with Section 2621 of the California Public Resources Code), the boundaries of which are delineated on this map. In accordance with said Act, a geologic report has been prepared by a registered geologist (showing his name and address) defining and delineating a hazard of surface fault rupture and directed to the problem of potential surface fault displacement, if any, within the boundaries of the subdivision. A copy of such report is on file with the Engineering and Survey Services Department. Under the Building Code of Kern County, no building permit or installation permit may be issued for any dwelling, mobilehome, or other structure for human occupancy located in any hazardous area as shown in such geologic report. 4. Additional details regarding the proposed water supply, including proposed fire flows as required by the Environmental Health Services Department and Fire Department. Typically, a valid "will serve" letter from the provider of such service will satisfy this submittal requirement. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 17

18 5. Additional details regarding the proposed sewage disposal systems as required by the Environmental Health Services Department. Typically, a valid "will serve" letter from the provider of such service will satisfy this submittal requirement. 6. A soils report, based on adequate test borings, prepared and signed by an engineer with the authority to use the title "Soils Engineer," shall address the suitability of the site as required by the Environmental Health Services Department and the Planning Department. 7. Sufficient number of "blue line" prints of the proposed map, as determined by the Planning Department, folded to eight and one-half (8 1/2) inches by eleven (11) inches; and one (1) legible reduction of the proposed map to eight and one-half (8 1/2) inches by eleven (11) inches. 8. Hazardous Waste Verification Statement, as required by Section of the California Government Code. K. Requests for waiver of signatures of the owners of interests in or rights to minerals, together with the right of surface entry, shall be filed before the application for a tentative tract map is deemed complete, in which case the tentative tract map shall be designed to provide for mineral extraction as provided for in this section. Applicants for tentative tract maps who did not request a waiver of signatures for mineral rights owners, but who are subsequently unable to comply with the requirements for signatures must process a revised tentative tract map or modification of condition that includes the required documentation and any necessary changes to the map, together with any necessary zoning changes for consideration by the Planning Commission and, when applicable, the Board of Supervisors. All such requests shall be accompanied by documentation that adequately supports all of the following findings: 1. Waiver of the requested signatures of the owners of interest can be determined to be in the public interest that development not be prevented. 2. It can be determined that the surface owner has exhausted all reasonable means for locating owners of interest and obtaining their signatures. 3. In the case of requests for waiver of signatures of oil and/or gas mineral rights owners, in addition to the above findings, it can be determined that the proposed tract provides for future development of mineral rights through the establishment of a zoning district, pursuant to the Kern County Zoning Ordinance, that permits the exploration and extraction of the underlying oil and/or gas minerals as a matter of right. The requirement for establishing such a zoning district shall not apply to tentative tract maps filed for the exclusive purpose of converting existing buildings into condominiums, community apartment projects, or stock cooperatives, where no changes in zoning district classification are otherwise required REVERSION TO ACREAGE A tentative and final tract map filed as a reversion to acreage must comply with the provisions of Chapter 6. Reversions and Exclusions, Article 1, Reversion to Acreage, Sections through /4, inclusive, of the Subdivision Map Act. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 18

19 SUBMITTAL OF TENTATIVE TRACT MAP A. An applicant for a tentative tract map shall submit an application and map to the Planning Director in the format and number of copies specified by the Planning Director. The application shall contain all the information specified for the application by Sections A through K, unless the Planning Director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the Board of Supervisors. No application shall be deemed complete until the required filing fee has been received and accepted for processing. B. The Planning Director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application SUBMITTAL OF FINANCING TENTATIVE TRACT MAP A. A financing tentative tract map is a tentative tract map which is not required to meet otherwise applicable standards, including infrastructure improvements and bonding, when the tract creates individual legal parcels solely for the purpose of obtaining financing without encumbering the remainder of the project site. B. A financing tentative tract map shall be submitted, reviewed, and approved in conformance with the requirements and procedures established in Chapter C. An applicant may submit an application for a financing tentative tract map if, prior to submittal, the subject property meets all of the following criteria: 1. The site is under a single ownership. 2. The site is within an adopted Specific Plan. 3. All required Specific Plan designations have been approved by the Board of Supervisors. 4. Zoning designations are consistent with the Specific Plan designations. 5. All areas zoned for commercial and/or industrial designation also have the PD (Precise Development Combining) District overlay. 6. Lot configuration is consistent with the approved circulation for the Specific and/or General Plan. 7. The property owner has provided assurances satisfactory to the County. Examples of such assurances include an appropriately worded letter of credit, funded capital improvement district, development agreement, or other approved mechanism. Determination that the proposed site meets the criteria for a financing tentative tract map shall be the decision of the Planning Director. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 19

20 D. The final map for any approved financing tentative tract map shall always include the following note: THIS MAP IS FOR FINANCING PURPOSES ONLY; NO DEVELOPMENT IS APPROVED OR AUTHORIZED. No grading or building permits will be issued for any lot shown on this final financing Tract Map (insert tract number) until subsequent tract maps and/or precise development plans are processed and approved in compliance with the requirements of the (insert Specific Plan name) Specific Plan, Kern County Land Division Ordinance, Kern County Development Standards, Kern County Zoning Ordinance, and the assurances regarding compliance with otherwise applicable standards REVIEW BY THE SUBDIVISION REVIEW COMMITTEE A. Upon acceptance of the tentative tract map as complete and payment of filing fees, the Planning Department shall distribute the map, data, and documents to the various County departments and public agencies concerned in such matters, with a request for submission of written recommendations thereon to the Subdivision Review Committee. B. Per Section of the Map Act, the Advisory Agency shall notify the State Department of Education, in writing, of the proposed map if the map contains an area for development of a public school site. C. The general policy shall be to allow at least twenty (20) calendar days between the filing of the map or completion of any required environmental document and the date of the review thereof by the Subdivision Review Committee, so as to provide a reasonable opportunity for review of such matters by the County departments and public agencies concerned. D. Upon a determination that the application is complete and payment of filing fees, the general policy of the Subdivision Review Committee shall be to, within thirty (30) calendar days, review such map and the data, documents, and applications relating thereto, including applications for development variations and limited design variations. E. At least three (3) days prior to the Subdivision Review Committee meeting to consider a tentative tract map, each member of the Committee shall issue to the engineer or surveyor a staff report or written recommendations which may include the following information: 1. Any requirement or condition with respect to the tentative tract map or division of land which the Subdivision Review Committee proposes to recommend to the Planning Commission; 2. Any grounds for disapproval of the tentative tract map; 3. Any grounds for approval or disapproval of a requested development variation and/or limited design variation, and a brief statement of the grounds therefore NOTICE AND HEARING LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 20

21 A. When an application has been submitted in accordance with Section , and deemed complete in accordance with Section , the Planning Director shall set the application for a public hearing. B. At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods: 1. Publishing such notice once in a newspaper of general circulation. 2. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, to the owners of all property within five hundred (500) feet if the majority of those properties are less than two and one-half (2 1/2) acres (gross) in size and one thousand (1,000) feet, if the majority of those properties are two and one-half (2 1/2) acres (gross) or greater in size, of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last equalized assessment roll of the County. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice. 3. In lieu of the requirements set forth above in Section B.2.a, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. C. Public Hearing DECISION A public hearing shall be held before the Planning Commission at a time and place in accordance with the public notice. The Planning Commission may establish rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative tract map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the Planning Commission in connection with action on the tentative tract map. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued. A. The Planning Commission shall receive a report from the Planning Department and take action concerning the tentative tract map within fifty (50) days after the tentative tract map application has been determined by the Planning Director to be complete. The time period shall commence after certification of the environmental impact report, adoption of a Negative Declaration, or upon a determination by the Planning Commission that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. In order to concurrently process a tentative tract map where a General Plan LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 21

22 Amendment, zone change, or other legislative act is required for the County to be able to consider map approval, these time limits shall commence on the effective date of the required legislative action. The decision shall be final subject to appeal in accordance with this chapter. An applicant, before a final vote is taken, may, to benefit him or herself, request a continuance on the matter beyond the 50 days provided herein. The time limits for acting on tentative tract maps as specified in this chapter may be extended by mutual consent of the applicant and the Planning Department evidenced in writing. B. Written notice of such decision shall be given by mail within five (5) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as the case may be. Said notice may also be given, at the discretion of the Planning Director, by personal delivery, with the same effect as if mailed. C. The decision of the Planning Commission shall be final upon adoption of an order or resolution containing its determination expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the Planning Director within such time. D. If no action is taken by the Planning Commission within the time limits specified in this section, the tentative tract map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the California Subdivision Map Act, the California Environmental Quality Act of 1970 as amended, this title, the Kern County Ordinance Code, and the General Plan APPEAL A. Any decision of the Planning Commission made pursuant to this section shall be subject to appeal to the Board of Supervisors. B. The applicant or any other interested person adversely affected by the decision may appeal from such decision by filing a written notice of appeal with the Planning Director within ten (10) days from the date of decision of the Planning Commission. The Planning Director shall furnish forms of notice of appeal. The appeal shall be accompanied by the applicable fee. C. Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. Action on the appeal, as required by the Subdivision Map Act, shall be taken by the Board of Supervisors within ten (10) days following the conclusion of the hearing. D. Notice of the hearing on the appeal shall be given in the manner and time provided in Section , or such lesser time as the Planning Director approves, but in no case shall notice be less than five (5) days. E. The Board of Supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the appealed decision. F. The decision of the Board of Supervisors on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 22

23 G. If no action is taken by the Board of Supervisors on the appeal within the time limits specified in this section, the tentative map shall be deemed to be approved or conditionally approved as last approved or conditionally approved, if it complies with all other applicable provisions of the California Subdivision Map Act, the California Environmental Quality Act of 1970, as amended, this title, the Kern County Ordinance Code, and the Kern County General Plan MATTERS TO BE CONSIDERED AND FINDINGS A. Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, and the County Guidelines, the Planning Commission shall review and consider any applicable environmental documents. B. In reaching a decision upon the tentative tract map, the Planning Commission shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. C. The tentative tract map may be approved or conditionally approved by the Planning Commission if it finds that the proposed land division, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and all applicable provisions of the Kern County Ordinance Code. D. The Planning Commission shall consider the recommendation of the Subdivision Review Committee and may modify or delete any of the conditions of approval recommended in the Subdivision Review Committee's report. The Planning Commission may add additional requirements as a condition of its approval. E. The tentative tract map may be denied by the Planning Commission on any of the grounds provided by the California Subdivision Map Act or this title. The Planning Commission shall deny approval of the tentative tract map if it makes any of the following findings: 1. That the proposed map is inconsistent with the General Plan, any applicable specific plan, or any applicable provisions of the Kern County Ordinance Code. 2. That the site is not physically suitable for the proposed type of development. 3. That the site is not physically suitable for the proposed density of development. 4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission may approve such a tentative tract map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) subdivision (a) of Section of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 5. That the design of the subdivision or the proposed improvements are likely to cause serious public health problems. 6. That the design of the subdivision or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 23

24 DEVELOPMENT VARIATIONS the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. A. The applicant may file a petition requesting one (1) or more development variations. Such variation requests should be filed with the tentative tract map application. Application for development variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample. B. The Planning Commission may approve or conditionally approve a variation if it finds that: 1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation; and, 2. Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. C. The Planning Commission may condition approval of a variation as it deems necessary to substantially secure the achievement of the objectives of this title and to conform to the requirements of this section. D. The Planning Commission shall give notice and conduct a hearing on each proposed variation in the manner provided in Section If disapproved, the variation shall not be applied for or heard again in connection with the same tentative tract map unless it is shown there has been a substantial change in circumstances or a substantial redesign of the tentative tract map. E. In such instances where a tentative tract has been filed concurrent with, and will be considered by the Subdivision Review Committee and the Planning Commission concurrent with, a Cluster Plan (Chapter of the Zoning Ordinance), it shall not be necessary to file a variation to deviate from the following design standards: B.1.c. C local street width; as it applies to interior streets within the tentative tract/cluster plan; C.1.a and b C public access; as it applies to interior streets within the tentative tract/cluster plan; D.2. C two tiers of lots; F.1. C lot width and depth; F.4. C double-frontage lots; and F.6. C key lots. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 24

25 Any deviations from the above-listed sections shall be labeled and identified on the tentative tract map. If deviations are not identified, then said sections shall remain applicable to the tract design. The subdivider shall justify each deviation, in writing. Justification shall include evidence which proves that the proposed deviation(s) is demonstratively superior to the ordinance design criteria. Justification shall be based on: 1. Provision of open space 2. Overall enhancement of the community environment 3. Compatibility with uses in the area In such instances where deviations are proposed, the Subdivision Review Committee shall have authority to review and make recommendations on the proposed Cluster Plan. The development shall comply with any additional conditions deemed necessary or appropriate by the Subdivision Review Committee, or the Planning Commission, to promote the public health, safety, and welfare. The Subdivision Review Committee shall retain authority to recommend disapproval, and the Planning Commission shall retain authority to disapprove, any or all proposed deviations if it is found that the deviation is not justified based on the above-stated criteria or the deviation will be detrimental to the public health, safety, or welfare. F. The Planning Commission may, in their reasonable discretion, waive improvement and/or dedication requirements of the Land Division Ordinance during the public hearing for tentative approval of a tract map without the need to consider a separate variation request, if the Subdivision Review Committee has initiated and recommends approval of such a waiver. However, the Planning Commission shall not consider such a waiver in conjunction with the tentative tract if the applicant has initiated the request (i.e., if applicant has not filed a duly advertised variation petition) or if the Subdivision Review Committee has not considered such a waiver. In such instances where the applicant initiates the request for waiver of requirements, it shall only be considered after proper filing, notification, and processing of a variation request LIMITED DESIGN VARIATIONS A. The applicant may file a petition requesting one (1) or more limited design variations as specifically provided for in this title or in the Development Standards. Matters which are subject to limited design variations mentioned in this section are identified in this title. The subdivider shall submit his/her written application for the limited design variation(s) with the tentative tract map application. B. Application for a limited design variation may be accepted for specified deviations from the Kern County Development Standards and the following standards. Deviations from the improvement requirements specified in Section , Section , and Section shall be processed as a development variation (Section ). Any deviation to the Kern County Development Standards that does not require consideration as a limited design variation, as specified therein, shall be considered as a limited exception, as provided for in Section E of this title D.1 blocks in excess of 1,320 feet. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 25

26 D.2 blocks less than two tiers of lots wide F.3 lot depths greater than three times the width F.4 double-frontage lots F.6 key (reverse corner) lots. C. An application for a limited design variation shall include the following information: 1. Name of applicant (subdivider). 2. Name of registered civil engineer or licensed land surveyor. 3. Tract map number to which the request applies. 4. A written explanation that justifies approval of the request. 5. A design sample that illustrates how the map would appear if the limited design variation is not granted. D. The Subdivision Review Committee may approve or conditionally approve the limited design variation if it finds: 1. Approval of the limited design variation is justified based on the design, location, topography, street, or circulation patterns affecting the proposed subdivision; and, 2. Approval of the limited design variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. E. The decision of the Subdivision Review Committee to approve, conditionally approve, or deny any limited design variation shall be final except when the subdivider is not in agreement with the action taken by the Subdivision Review Committee, in which case the Planning Commission shall make the final determination CONDITIONS OF APPROVAL In approving the tentative tract map, the Planning Commission may impose as conditions of filing a final tract map any or all, but not limited to, the following requirements: A. On-site improvements B. Off-site improvements C. Dedications D. Payment of applicable fees E. Filing and approval of soils and/or engineering geology report LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 26

27 F. Undergrounding utility lines on peripheral streets G. Compliance with mitigation measures contained in the applicable environmental document H. Removal of obstructions I. Flood and drainage requirements CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS, AND STOCK COOPERATIVES Condominiums, Community Apartment Projects, and Stock Cooperatives are defined as "common interest developments" in Section 1351 of the California Civil Code. State regulations applicable to common interest developments can be found, but are not limited to, the California Civil Code, Government Code, State Subdivision Map Act, Business and Professions Code, Health and Safety Code, and Administrative Code. The construction of new condominiums must meet all currently adopted Uniform Building, Plumbing, Electrical, Housing, and Fire Codes and shall additionally comply with the Special Development Standards contained in Chapter of the Kern County Zoning Ordinance. The conversion of existing buildings to condominiums, community apartment projects, and stock cooperatives are subject to special requirements related to notification of tenants as set forth in Sections 66412(h) and of the Government Code, and all such notification requirements must be satisfied before a final map will be accepted for processing. Prior to recordation of a final map, a condominium plan shall be approved by the California Department of Real Estate. Variances to lot size and setback requirements contained in the Kern County Zoning Ordinance and development variations and limited design variations, as set forth in this title, are not applicable to common interest development subdivisions, except for those development variations and limited design variations that specifically apply to the design and construction of improvements required by this title. A. Submittal Requirements: Applications to process tentative maps for condominiums, community apartment projects, and stock cooperatives include all the information normally required for the procession of tentative maps as set forth in this title and following additional information: 1. Tentative and final subdivision maps shall include a prominent statement that the submitted map is "for condominium purposes." The subdivision map may additionally include the proposed division of real property into smaller lots of record. Each lot, including the area to be owned in common, shall be assigned a lot number. While the airspace division of buildings need not be shown, building footprints shall be depicted as shaded areas, and building dimensions shall be included. The boundaries of the proposed common lot shall be boldly depicted. 2. A written narrative shall be submitted which describes which units, areas, and structures will be individually owned, including appurtenant structures, and which areas, structures, or amenities will be owned in common. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 27

28 3. A comprehensive landscaping and maintenance plan shall be submitted, together with a written narrative describing the manner in which landscaping and irrigation systems will be maintained. 4. For the conversion of existing buildings into condominiums, community apartment projects, and stock cooperatives, the following additional information shall be provided. Projects involving only new buildings and structures that have been constructed, but have not been certified for final occupancy, shall not be treated as a conversion for the purposes of this subsection. B. Development Standards: a. A description of how the subdivider will be complying with the notification requirements set forth in Section and a copy of all forms that will be used to satisfy those requirements. b. A structural report, prepared by a California licensed architect, civil or structural engineer, or qualified contractor, as determined by the Director of the Engineering and Survey Services Department, shall be submitted which describes the structural condition of each building and structure on the property. The report shall include a description as to whether or not the buildings on site comply with currently adopted Uniform Fire Code requirements. The report shall further include a description of all unsafe or dangerous structural, electrical, and plumbing-related conditions that may warrant repair or replacement prior to occupancy. c. A structural pest report, prepared by a California licensed structural pest control operator, relating to the presence or absence of wood-destroying pests or organisms and dry rot. d. A report prepared by a California licensed architect, civil or structural engineer, or qualified contractor, as determined by the Director of the Engineering and Survey Services Department, demonstrating what additional work is required to meet currently adopted Uniform Building Code requirements related to soundproofing between individual units and between individual units and areas to be used in common. 1. New common interest developments shall demonstrate compliance with the Special Development Standards that are applicable to multifamily residential projects as set forth in Chapter of the Kern County Zoning Ordinance. 2. Each unit to be individually owned shall be provided with separate utility meters, unless otherwise approved by the Director of the Kern County Engineering and Survey Services Department. Centralized electrical cut-off panels shall be provided on the exterior of each building for use by the Kern County Fire Department in a fire emergency, unless the Fire Department approves an alternative design for emergency electrical cut-off for the complex. 3. Separate electrical panels and circuit breakers shall be provided in the interior of each unit to be individually owned. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 28

29 4. Separate water shut-off valves shall be provided in each unit to be individually owned. 5. Common walls, ceilings, and floors between individual units and between individual units and areas to be used in common shall meet soundproofing standards contained in the currently adopted Uniform Building Code. C. Conditions of Approval: Conditions of approval may be adopted in conjunction with tentative map approval to ensure compliance with all applicable codes and regulations and the requirements of the applicable adopted General or Specific Plan EXPIRATION AND EXTENSIONS A. Expiration 1. The approval or conditional approval of the tentative tract map shall expire thirty-six (36) months from the effective date of its approval unless otherwise provided by the California Subdivision Map Act. 2. The period of time specified in Section A.1 shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative tract map only if a stay of the time period is approved by the Planning Commission. Within ten (10) calendar days of the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the Planning Department, request a stay in the time period of the tentative tract map. Within forty (40) calendar days after receiving such request, the Planning Commission shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be approved or denied only after a hearing with notice to the subdivider and to the plaintiff. Upon conclusion of the hearing, the Planning Commission shall, within ten (10) calendar days, declare its findings. 3. The period of time specified in Section A.1 shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in effect according to Section (f) of the California Subdivision Map Act. 4. The expiration of the approved or conditionally approved tentative tract map shall terminate all proceedings, and no subdivision map of all or any portion of the real property included within the tentative tract map shall be filed without first processing a new tentative tract map. 5. If the fully completed and signed final tract map and agreement, if any, are submitted for approval, processing and recording may occur after the expiration date of the tentative tract map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 29

30 B. Extensions 1. The property owner, subdivider, or engineer may request an extension of the expiration date of the approved or conditionally approved tentative tract map by written application to the Planning Department. The application shall be filed prior to the expiration date, including any automatic map extensions, approved from time to time by the Legislature. Requests for a discretionary extension of time shall not be accepted if more than six (6) months remain to the date of expiration. The request shall state the reasons for requesting the extension and the amount of time requested. 2. The Planning Commission shall approve, conditionally approve, or deny the request for extension. Not more than three (3) extensions shall be approved for a tentative tract map, and the total period of all extensions shall not exceed thirty-six (36) months. The extension of time shall commence with the expiration date of the approved or conditionally approved tentative tract map. In no case; however, shall the approved new expiration date extend more than that period allowed by the California Subdivision Map Act (Section ). 3. For extension requests related specifically to vesting tentative tract maps, any discretionary extension of time that will extend the approval date to after June 12, 2011, shall be conditioned to require the payment of those traffic impact fees that are in effect at the time building permits are applied for on any lot within the recorded map or phase thereof. The Board of Supervisors hereby finds that, pursuant to Section of the Subdivision Map Act, failure to provide adequate funding for road and circulation system improvements will lead to increased traffic congestion which will result in increased air pollution and greenhouse gases that will directly result in adverse health impacts on the future residents of any new subdivision and existing and future residents in the immediate vicinity of the subdivision within the applicable traffic impact fee area. Application processing fees for vested maps do not vest because they represent the developer s share of the cost of providing those processing services MINOR REVISIONS A. Minor revisions to the tentative tract map may be approved by the Planning Director as being in substantial conformity with the originally approved map, upon application by the subdivider or his/her authorized agent, provided that: 1. Such changes are consistent with the intent of the original tentative tract map approval; 2. The original conditions need not be modified; and 3. There are no resulting violations of the Kern County Ordinance Code. 4. There are no changes in the proposed location of perimeter roads or the proposed point of access from internal local roads to adjacent arterials or collectors. 5. Final lot yield is within ten percent (10%) of the number of lots shown on the approved tentative tract map and any additions to lot yield do not create any LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 30

31 significant design or public safety issues and will not create adverse impacts to surrounding properties. 6. Such changes are consistent with all mitigation measures and design features required by the environmental document adopted in conjunction with tentative map approval. B. Approved revisions shall be denoted on the approved tentative tract map and/or in writing to the subdivider, whichever is appropriate. C. No revision shall affect the expiration date of the approved tentative tract map. D. The Planning Director may require a new tentative tract map application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing WITHDRAWAL OF TENTATIVE TRACT MAP The applicant may request the withdrawal of the tentative tract map at any time prior to the recordation of the final tract map. Notice of said request for withdrawal shall be made in writing and shall be filed with the Planning Director and the Director of the Engineering and Survey Services Department. Withdrawal of a tentative tract map shall be final and no further action shall be allowed on such map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 31

32 C H A P T E R STUDY MAP PROCEDURES SECTIONS: PURPOSE STUDY MAPS PURPOSE The purpose of this chapter is to set forth the requirements for the submittal and review of study maps STUDY MAPS A. Prior to filing a tentative tract map, a subdivider may at his option submit a study map for review pursuant to this section. The purpose of a study map is to provide the subdivider informal review of the proposed subdivision. The Planning Department and Subdivision Review Committee will provide informal review and comments to assist the subdivider in preparing a technically adequate tentative tract map. B. Copies of the study map shall be submitted to the Planning Department. C. All information necessary to properly evaluate the proposal shall be shown on the study map. It is recommended that the study map include information specified in Sections A through G. D. The Planning Department shall distribute copies of the study map to the members of the Subdivision Review Committee and to such public agencies as the Planning Director deems to be interested in the proposed subdivision or to have information relating thereto. The Committee shall consider the study map within thirty (30) calendar days of submittal. The subdivider or his/her authorized representative shall attend such meeting. E. Each member of the Committee shall be prepared to comment and provide written recommendations on the study map at the Committee meeting at which it is to be considered. A Committee report shall be prepared, and a copy thereof shall be transmitted to the subdivider, or his/her authorized representative, and to each Committee member after such meeting. F. The report, as well as comments and recommendations, on a study map shall not be deemed to restrict the discretion of any County official or agency or the Committee and shall be without prejudice to a different recommendation or decision in a subsequent proceeding. The subdivider is free to submit a tentative tract map which differs from the study map or the report thereon. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 32

33 C H A P T E R PARCEL MAPS AND APPLICATION CONTENTS SECTIONS: PURPOSE PARCEL MAPS TENTATIVE PARCEL MAP APPLICATION AND CONTENTS REVERSION TO ACREAGE SUBMITTAL OF TENTATIVE PARCEL MAP REVIEW AND APPROVAL OF TENTATIVE PARCEL MAP MATTERS TO BE CONSIDERED AND FINDINGS DEVELOPMENT VARIATIONS LIMITED DESIGN VARIATIONS CONDITIONS OF APPROVAL EXPIRATION AND EXTENSIONS MINOR REVISIONS WITHDRAWAL OF TENTATIVE PARCEL MAP PURPOSE The purpose of this chapter is to establish the circumstances under which parcel maps are required, to set out application requirements, and to set forth requirements for the review and approval of tentative parcel maps PARCEL MAPS Tentative and final parcel maps shall be required for all divisions of land not requiring a tract map as described in Section or exempted by Section of this title TENTATIVE PARCEL MAP APPLICATION AND CONTENTS The application for a tentative parcel map shall include the following information: A. Name and address of the applicant (subdivider). B. Name(s) and address(es) of the property owner(s). C. Letters of authorization from the subdivider and the property owner if the owner is not the subdivider. (If original signature appears on the Kern County Land Division Application form, then separate letter of authorization is not required.) D. Name and address of person who prepared the map, including registration and/or license number. E. Assessor's parcel numbers. F. Legal description of the property. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 33

34 G. A tentative parcel map, prepared by a licensed land surveyor or a registered civil engineer authorized to perform land surveying, a minimum size of eighteen (18) by twenty-six (26) inches and drawn to a scale sufficient in size to show all necessary detail. The map shall include the following information: 1. Original parcel lines. 2. When existing slopes exceed one percent (1%) for any portion of the tentative parcel map or within seventy-five (75) feet of the tentative parcel map boundary, existing contour lines for the area within the parcel map and for an area within seventy-five (75) feet of the tentative parcel map boundary shall be clearly shown. Additional contour lines covering areas in the vicinity of the tentative parcel map may be required by the Planning Director if deemed necessary for adequate consideration of public health and safety matters. The existing contour intervals shall be: Map Scale (Feet to 1 inch) Contour Interval (Feet) Where interval spacing is closer than one-quarter (1/4) inch, the next greater interval may be used. Where interval spacing is one (1) inch or greater, spot elevations shall be placed at the corners of the map. Contour intervals shall be clearly labeled. Contour information for parcel maps may be based on existing U.S. Geological Survey quad maps if the registered civil engineer or licensed land surveyor believes, and the Planning Director concurs, the U.S. Geological Survey quad (7.5 min) provides sufficient detail for development of the site. 3. The proposed division lines with dimensions. Each parcel created shall be designated on the tentative parcel map by number or letter, except as provided in Section of the California Subdivision Map Act. 4. Location of all existing structures on the original parcels, all existing and abandoned oil wells of record on the original parcels, the location of existing and proposed domestic water wells on site and all of the above within one hundred fifty (150) feet of the exterior map boundary. In lieu of providing the above information within one hundred fifty (150) feet of the exterior, provide a dated aerial photo with the boundaries of the parcel map plotted on it. The drawing shall extend one hundred fifty (150) feet beyond the parcel map boundaries and have a scale and north arrow shown on it. Existing structures and buildings shall be identified. If no such structures exist within the project boundary or within one hundred fifty (150) feet of the map boundary, a note to that effect shall be stated on the face of the map. 5. The distance from the structures to the boundary lines of the new parcel(s) on which the structures are located. Such distances shall be established by a registered civil LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 34

35 engineer or licensed land surveyor's survey when deemed necessary by the Planning Director. 6. a. Names, location, road number, purpose, and width of all existing and proposed rights-of-way, pedestrian ways, easements, streets, and appurtenant utilities on site or adjacent to the site. b. Existing off-site easements that are within two hundred (200) feet of the exterior map boundary need not be shown on the tentative map, unless the easements appear on recorded tract and/or parcel maps or Engineering and Survey Services Department case maps. Record information shall be shown as follows: 1. Easements within one hundred fifty (150) feet of the exterior map boundary. 2. Road easements only from one hundred fifty (150) feet to two hundred (200) feet of the exterior map boundary. c. Any public streets or public easements to be abandoned through the recordation of the map pursuant to Section 66445(j) of the California Subdivision Map Act shall be located and labeled by reference to the recording data or other official record that created it. The public street or public easement shown shall also be labeled "proposed for abandonment through this map" to facilitate public notification. No public easement vested in another public entity shall be abandoned through this process if that public entity objects to the proposed abandonment. 7. Location, approximate width, centerline, and gradient of all watercourses, drainage channels, existing and proposed drainage easements, and drainage structures within the map boundary and any drainage channels outside the map boundary that may likely affect property within the map boundary. 8. Approximate high water lines in lake or reservoir areas and areas subject to inundation. 9. North arrow. 10. Map scale. 11. Location of any Earthquake Fault Zone delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zones Act. 12. Proposed improvements, including, but not limited to, curbs, gutters, sidewalks, water source, sewage disposal facilities, and fire protection facilities. 13. A vicinity map. 14. Description of the project, including the following information: a. Total project area (gross and net) and number of parcels to be created. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 35

36 b. Existing and proposed land uses. c. General Plan designation and existing and proposed zoning. d. Proposed source of domestic and fire protection water supply. e. Proposed method of sewage disposal. f. Other information deemed necessary by the Planning Director. H. Environmental documentation. I. Preliminary Title Report, not over ninety (90) days old (two (2) copies). J. Additional Reports and Data. Except where waived by the appropriate department or agency noted, every tentative parcel map submittal shall be accompanied by the documents noted in the subsequent subsections. Further, it shall be the responsibility of the subdivider or his authorized agent to determine the necessity of such documents prior to submittal of the proposed tentative parcel map to the Planning Department, and the responsibility of the applicable department or agency to furnish such waiver to the Planning Director in writing prior to submittal of the proposed parcel map to the Planning Director. A copy of such waiver shall also be furnished the subdivider or his/her agent. 1. A lot use feasibility study which demonstrates to the Environmental Health Services Department, Engineering and Survey Services Department, Roads Department, and Planning Department that the proposed subdivision and its design and access roads will not have any adverse effect upon the probable future use, development, or subdivision of other property in the surrounding area. The Lot Use Feasibility Study shall show proposed building sites, existing and preliminary final grades and, where applicable, the proposed location of septic systems and leach lines. In areas containing steep slopes, the Lot Use Feasibility Study shall demonstrate compliance with the Hillside Development requirements contained in Chapter of the Kern County Zoning Ordinance and shall specify any necessary measures to control erosion and sedimentation. The Lot Use Feasibility Study shall be considered only as an informational document or guide, and shall not be deemed to regulate any future use, development, or subdivision of other property. 2. A geologic hazards study shall be required where any part of the land shown on a tentative parcel map is located within a Earthquake Fault Zone (hazardous fault zone), as delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zones Act (commencing with Section 2621 of the Public Resources Code). In such cases, the subdivider shall file with the Planning Director, prior to approval, certification, or recordation of a subdivision map, a geologic report prepared by a geologist registered in the State of California, defining and delineating any hazard of surface fault rupture and directed to the problem of potential surface fault displacement within the boundaries of the subdivision. The report shall be in conformity with the Policies and Criteria of the State Mining and Geology Board (Title 14, Division 6, Chapter 8, Subchapter 1, California Administrative Code) and the Guidelines for Evaluating the Hazard of Surface Fault Rupture, promulgated by the California Division of Mines and Geology (Appendix C, Special Publication 42, LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 36

37 Revised January 1977), and as the same may be amended or revised from time to time. Such report shall be filed with the Planning Director and reviewed and approved by the Director of the Engineering and Survey Services Department. No final parcel map shall be approved, certified, or recorded if any geologic report required as a condition of approval of the tentative parcel map has not been furnished or has been determined to be inadequate by the Director of the Engineering and Survey Services Department. Where a geologic report has been required and furnished in conformity with this subsection, a notice shall be placed on the parcel map as recorded in substantially the following form: NOTICE IS HEREBY GIVEN that all or part of the area within the subdivision shown on this map lies within a Earthquake Fault Zone (hazardous fault zone) delineated by the State Geologist, pursuant to the Alquist-Priolo Earthquake Fault Zones Act (commencing with Section 2621 of the California Public Resources Code), the boundaries of which are delineated on this map. In accordance with said Act, a geologic report has been prepared by a registered geologist (showing his name and address) defining and delineating a hazard of surface fault rupture and directed to the problem of potential surface fault displacement, if any, within the boundaries of the subdivision. A copy of such report is on file with the Engineering and Survey Services Department. Under the Building Code of Kern County, no building permit or installation permit may be issued for any dwelling, mobilehome, or other structure for human occupancy located in any hazardous area as shown in such geologic report. The foregoing requirements for a geologic report shall not apply in any of the following cases: a. Where the Planning Director has determined, in the exercise of his/her reasonable discretion, that the tentative parcel map is not for a development which contemplates eventual construction of structures for human occupancy. b. Where the Director of the Engineering and Survey Services Department has determined, on the basis of evidence or recommendations provided by a registered geologist, that no undue hazard of surface fault rupture exists, and has waived the requirements for a geologic report, with approval of the State Geologist, in accordance with Section 2623 of the California Public Resources Code. c. In case of a parcel map designed and zoned solely for four (4) or fewer single-family dwellings or mobilehomes, provided that the Planning Director shall require as a condition of the approval of the tentative parcel map that no building permit or installation permit will be issued for any dwelling, mobilehome, or other structure for human occupancy on any parcel within such Earthquake Fault Zone, until the subdivider furnishes a geologic report made by a geologist registered in the State of California, and evaluated and LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 37

38 approved by the Director of the Engineering and Survey Services Department, defining and delineating a hazard of surface fault rupture and directed to the problem of potential surface fault displacement within such lot, if any, in conformity with the Policies and Criteria of the State Mining and Geology Board (Title 14, Division 6, Chapter 8, Subchapter 1 of California Administrative Code) and the Guidelines for Evaluating the Hazard of Surface Fault Rupture, promulgated by the California Division of Mines and Geology (Appendix C, Special Publication 42, Revised January 1977) and as the same may be revised from time to time. 3. Additional details regarding the proposed water supply, including proposed fire flows as required by the Environmental Health Services Department and the Fire Department; 4. Additional details regarding the proposed sewage disposal systems as required by the Environmental Health Services Department; 5. A soils report, based on adequate test borings, prepared and signed by an engineer with the authority to use the title "Soils Engineer," shall address the suitability of the site as required by the Environmental Health Services Department and the Planning Department. 6. Sufficient number of "blue line" prints of the proposed map, as determined by the Planning Department, folded to eight and one-half (8 1/2) inches by eleven (11) inches; and one (1) legible reduction of the proposed map to eight and one-half (8 1/2) inches by eleven (11) inches. 7. Hazardous Waste Verification Statement, as required by Section of the California Government Code REVERSION TO ACREAGE A tentative and final parcel map filed as a reversion to acreage must comply with the provisions of Chapter 6. Reversions and Exclusions, Article 1, Reversion to Acreage, Sections through /4, inclusive, of the Subdivision Map Act SUBMITTAL OF TENTATIVE PARCEL MAP A. An applicant for a tentative parcel map shall submit an application and map to the Planning Director in the format and number of copies specified by the Planning Director. The application shall contain all the information specified for the application by Section , unless the Planning Director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the Board of Supervisors. No application shall be deemed complete until the required filing fee has been received and accepted for processing. B. The Planning Director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 38

39 REVIEW AND APPROVAL OF TENTATIVE PARCEL MAP A. Review and Approval by the Planning Director Upon a determination that the application is complete, the Planning Director shall act to approve, conditionally approve, or disapprove the tentative parcel map within fifty (50) calendar days, unless a public hearing is requested in accordance with Section B.2, in which case the developer shall sign an agreement extending the time limit to allow adequate time for conducting a public hearing. If a hearing is requested, it shall be held within forty-five (45) days from the date the request is received. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the Planning Department as evidenced in writing. These time periods shall commence after certification of the environmental impact report, adoption of a Negative Declaration, or upon a determination by the Planning Director that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. In order to concurrently process a parcel map where a General Plan Amendment, zone change, or other legislative act is required by the County Board of Supervisors prior to map approval, these time limits shall commence on the effective date of the required legislative action. B. Right to a Public Hearing 1. No later than twenty (20) days prior to expiration of the time for action, the Planning Director shall give notice that the applicant or any interested person may, within ten (10) days, request a hearing on the tentative parcel map and other matters required to be considered by the Planning Director in connection with his/her action thereon, or on any separate request for a design and development standard variation. a. Such notice shall state that, if no person files a request for hearing within the time provided in this section, the Planning Director will promptly consider the matter and make his/her decision thereon. b. Such notice shall also state that any interested person may examine the tentative parcel map, as well as any variation request, advance report, Lot Use Feasibility Study, or environmental documents pertaining thereto, at the office of the Planning Director during regular business hours. c. Such notice shall be given in the manner provided in Section D. 2. The applicant or any interested person may, not later than ten (10) days after the date of such notice is given, file with the Planning Director a written request for a hearing. 3. If a request for hearing is filed within the time provided in Section B.2, the Planning Director shall set the application(s) for a public hearing. 4. If no request for hearing is filed within the time provided in Section B.2, no hearing shall be required and the Planning Director shall promptly consider the tentative parcel map, render his/her decision, and give notice thereof in the manner provided in this section. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 39

40 C. Reports and Recommendations A copy of any report or recommendation on the tentative parcel map prepared by the Planning Department shall be mailed to the applicant or his/her authorized agent at least fifteen (15) days prior to the proposed date of action and/or scheduled public hearing by the Planning Director. D. Notice and Hearing 1. Notice of Hearing At least ten (10) calendar days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods: a. Publishing such notice once in a newspaper of general circulation. b. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, to the owners of all property within five hundred (500) feet if the majority of those properties are less than two and one-half (2 1/2) acres (gross) in size and one thousand (1,000) feet if the majority of those properties are two and one-half (2 1/2) acres (gross) or greater in size of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last equalized assessment roll of the County. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice. c. In lieu of the requirements set forth above in Section D.1.a, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. 2. Public Hearing A public hearing shall be held before the Planning Director at a time and place in accordance with the public notice. The Planning Director may establish his/her own rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative parcel map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the Planning Director in connection with his/her action on the tentative parcel map. Any hearing may be continued provided that prior to adjournment or LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 40

41 E. Decision F. Appeal recess, the Planning Director or his/her designated representative shall announce the time and place to which the hearing will be continued. 1. The Planning Director shall approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section F. 2. Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as the case may be. Said notice may also be given, at the discretion of the Planning Director, by personal delivery, with the same effect as if mailed. 3. The decision of the Planning Director shall be final on expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the Planning Director within such time. 4. All conditions of approval shall be final, and a subsequent request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, in accordance with the procedure specified in Section B, unless said conditions are appealed pursuant to Section F. 1. Any decision of the Planning Director made pursuant to this section shall be subject to appeal to the Board of Supervisors. 2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the Planning Director prior to the time the decision becomes final. The Planning Director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the Board of Supervisors. 3. Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. 4. Notice of the hearing on the appeal shall be given in the manner and time provided in Section D. 5. The Board of Supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. 6. The decision of the Board of Supervisors on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 41

42 MATTERS TO BE CONSIDERED AND FINDINGS A. Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, and the County Guidelines, the Board of Supervisors designee, the Planning Director, shall review and consider any applicable environmental documents. B. In reaching a decision on the tentative parcel map, the Planning Director shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents available fiscal and environmental resources. C. The tentative parcel map may be approved or conditionally approved by the Planning Director if he/she finds that the proposed land division, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and all applicable provisions of the Kern County Ordinance Code. D. The tentative parcel map may be denied by the Planning Director on any of the grounds provided by the California Subdivision Map Act or this title. The Planning Director shall deny approval of the tentative parcel map if he/she makes any of the following findings: 1. That the proposed map is inconsistent with the General Plan, any applicable specific plan, or any applicable provisions of the Kern County Ordinance Code; 2. That the site is not physically suitable for the proposed type of development; 3. That the site is not physically suitable for proposed density of development; 4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Director may approve such a tentative parcel map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph 3, Subdivision (a) of Section of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; 5. That the design of the subdivision or the proposed improvements are likely to cause serious public health problems; 6. That the design of the subdivision or the proposed improvements will conflict with easements acquired by the public at large for access through or for use of property within the proposed subdivision. In this connection, the Planning Director may approve a map if he/she finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the Planning Director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 42

43 E. Sewage disposal, water supply, and measures for preservation of environmental health shall be consistent with Division Five of the Kern County Environmental Health Services Department Standards and Rules and Regulations for Land Developments, provided, however, that the requirements may be waived by the Environmental Health Services Director in the exercise of his/her reasonable discretion. In no event shall any requirements be waived if, in the opinion of the Fire Chief, such waiver would adversely affect the fire protection capabilities of the Fire Department. F. The Planning Director shall deny approval of a tentative parcel map if he/she finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1985 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5), and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this subsection, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is less than twenty (20) acres in size in the case of prime agricultural land, or less than forty (40) acres in size in the case of land which is not prime agricultural land. For purposes of this subsection, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is at least twenty (20) acres in size in the case of prime agricultural land, or at least forty (40) acres in size in the case of land which is not prime agricultural land. 1. The Planning Director may approve a tentative parcel map with parcels smaller than those specified in this subsection if he/she makes either of the following findings: a. The parcels can nevertheless sustain an agricultural use permitted under the contract or are subject to a written agreement for joint management pursuant to Section of the California Government Code, provided that the parcels which are jointly managed total at least twenty (20) acres in size in the case of prime agricultural land or forty (40) acres in size in the case of land which is not prime agricultural land; or b. One of the parcels contains a residence and is subject to Section 428 of the California Revenue and Taxation Code; the residence has existed on the property for at least five (5) years; the landowner has owned the parcels for at least ten (10) years; and the remaining parcels shown on the map are at least twenty (20) acres in size if the land is prime agricultural land, or at least forty (40) acres in size if the land is not prime agricultural land. 2. No other homesite parcels as described in Section F.1.b may be created on any remaining parcels under contract for at least ten (10) years following the creation of a homesite parcel pursuant to this subsection. 3. This subsection shall not apply to land which is subject to a contract when any of the following has occurred: a. The Local Agency Formation Commission has approved the annexation of the land to a city, and the city will not succeed to the contract as provided in Sections and of the California Government Code. b. Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in Section of the California Government Code. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 43

44 DEVELOPMENT VARIATION c. Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Section of the California Government Code, and, as a result of that notice, there are no more than three (3) years remaining in the term of the contract. d. The Board of Supervisors has granted tentative approval for cancellation of the contract as provided in Section of the California Government Code, and the cancellation penalty fees have been paid. A. The applicant may file a petition requesting one (1) or more development variations. Such variation requests should be filed with the tentative parcel map application. Application for development variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample. B. The Planning Director is authorized to approve or conditionally approve a variation if he/she finds that: 1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation; and, 2 Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. C Except as otherwise permitted, roads and access easements shall be subject to dust control requirements. For properties zoned for commercial or industrial use, deferral of improvements shall be limited to deferral of curb, gutter, and sidewalk. D. The Planning Director may conditionally approve a variation as he/she deems necessary to substantially secure the achievement of objectives of this title and to conform to the requirements of this section. E. The Planning Director shall give notice and, if requested, conduct a hearing on each proposed variation in the manner provided in Section D and shall make the findings mentioned in Section B. The hearing on a variation may be conducted at the same time as the hearing on a tentative parcel map or at a different time. If disapproved, the variation shall not be applied for or heard again, except on appeal, in connection with the same tentative parcel map unless it is shown there has been a substantial change in circumstances or a substantial redesign of the tentative parcel map. F. The Hearing Officer may, in his/her reasonable discretion, waive improvement and/or dedication requirements of the Land Division Ordinance during the public hearing for tentative approval of a parcel map without the need to consider a separate variation request, if Planning Department Staff has initiated and recommends approval of such a waiver. However, the Hearing Officer shall not consider such a waiver in conjunction with the tentative parcel map if the applicant has initiated the request (i.e., if applicant has not filed a duly advertised variation petition) or if the Staff has not considered such a waiver. In such instances where the applicant initiates the request for waiver of requirements, it shall only be considered after proper filing, notification, and processing of a variation request. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 44

45 LIMITED DESIGN VARIATIONS A. The applicant may file a petition requesting one (1) or more limited design variations as specifically provided for in this title or in the Development Standards. Matters which are subject to limited design variations mentioned in this section are identified in this title. The subdivider shall submit his/her written application for the limited design variation(s) with the tentative parcel map application. B. Application for a limited design variation may be accepted for deviations from the Kern County Development Standards and the following standards. Deviations from the improvement requirements specified in Section , Section , and Section shall be processed as a development variation (Section ) D.1 blocks in excess of 1,320 feet D.2 blocks less than two tiers of lots wide F.3 lot depths greater than three times the width F.4 double-frontage lots F.6 key (reverse corner) lots. C. An application for a limited design variation shall include the following information: 1. Name of applicant (subdivider). 2. Name of registered civil engineer or licensed land surveyor. 3. Parcel map number to which the request applies. 4. A design sample that illustrates how the map would appear if the limited design variation is not granted. D. The Planning Director may approve or conditionally approve the limited design variation if he/she finds: 1. Approval of the limited design variation is justified based on the design, location, topography, street, or circulation patterns affecting the proposed subdivision; and, 2. Approval of the limited design variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. E. Exceptions specifically provided for in this title or the Development Standards shall be approved, conditionally approved, or denied by the Planning Director following review of recommendations by the responsible County department(s). If denied by the Planning Director, the applicant may request approval of the limited design variation by the Board of Supervisors. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 45

46 CONDITIONS OF APPROVAL In approving the tentative parcel map, the Planning Director may impose as conditions of filing a final parcel map any or all, but not limited to, the following requirements: A. On-site improvements B. Off-site improvements C. Dedications D. Payment of applicable fees E. Filing and approval of soils and/or engineering geology report F. Undergrounding utility lines on peripheral streets G. Compliance with mitigation measures contained in applicable environmental documents H. Removal of obstructions I. Flood and drainage requirements EXPIRATION AND EXTENSIONS A. Expiration 1. The approval or conditional approval of the tentative parcel map shall expire thirtysix (36) months from the effective date of its approval unless otherwise provided by the California Subdivision Map Act. 2. The period of time specified in Section A.1 shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative parcel map only if a stay of the time period is approved by the Planning Director. Within ten (10) calendar days of the service of the initial petition or complaint upon the County, the subdivider shall request, in writing to the Planning Department, a stay in the time period of the tentative parcel map. Within forty (40) calendar days after receiving such request, the Planning Director shall either stay the time period for up to five (5) years or deny the requested stay. The request for a stay shall be approved or denied only after a public hearing with notice to the subdivider and to the plaintiff. Upon conclusion of the hearing, the Planning Director shall, within ten (10) calendar days, issue written findings. The decision of the Planning Director shall be subject to appeal to the Board of Supervisors according to the procedures set out in Section F. 3. The period of time specified in Section A.1 shall not include any period of time during which a development moratorium, imposed after approval of the tentative parcel map, is in effect according to Section (d) of the California Subdivision Map Act. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 46

47 4. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings, and no final parcel map for all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map. 5. If the fully completed and signed final parcel map and agreement, if any, are submitted to the County Surveyor for approval, processing and recording may occur after the expiration date of the tentative parcel map. B. Extensions 1. The subdivider or engineer may request an extension of the expiration date of the approved or conditionally approved tentative parcel map by written application to the Planning Director. The application shall be filed prior to the expiration date, including any automatic map extensions approved from time to time by the Legislature. Requests for a discretionary extension of time shall not be accepted if more than six (6) months remain to the date of expiration. The request shall state the reasons for requesting the extension and the amount of time requested. 2. The Planning Director shall approve, conditionally approve, or deny the request for extension. Not more than three (3) extensions shall be approved for a tentative parcel map, and the total period of all extensions shall not exceed thirty-six (36) months. The extension of time shall commence with the expiration date of the approved or conditionally approved tentative parcel map. In no case, however, shall the approved new expiration date extend more than the period allowed by the California Subdivision Map Act. 3. If the Planning Director denies a subdivider's application for extension, the subdivider may appeal to the Board of Supervisors within ten (10) calendar days from and including the date of decision on the denial of the extension. Appeals shall be in accordance with the procedures set out in Section F. 4. For extension requests related specifically to vesting tentative parcel maps, any extension of time that will extend the approval date to after June 12, 2011, shall be conditioned to require the payment of those traffic impact fees that are in effect at the time building permits are applied for on any lot within the recorded map or phase thereof. The Board of Supervisors hereby finds that, pursuant to Section of the Subdivision Map Act, failure to provide adequate funding for road and circulation system improvements will lead to increased traffic congestion which will result in increased air pollution and greenhouse gases that will directly result in adverse health impacts on the future residents of any new subdivision and existing and future residents in the immediate vicinity of the subdivision within the applicable traffic impact fee area. Application processing fees for vested maps do not vest because they represent the developer s share of the cost of providing those processing services MINOR REVISIONS A. Minor revisions to the tentative parcel map may be approved by the Planning Director as being in substantial conformity with the originally approved map, upon application by the subdivider or his/her authorized agent, provided that: LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 47

48 1. Such changes are consistent with the intent of the original tentative parcel map approval; 2. The original conditions need not be modified; and 3. There are no resulting violations of the Kern County Ordinance Code. B. Approved revisions shall be denoted on the approved tentative parcel map and/or in writing to the subdivider, whichever is appropriate. C. No revision shall affect the expiration date of the approved tentative parcel map. D. The Planning Director may require a new tentative parcel map application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing WITHDRAWAL OF TENTATIVE PARCEL MAP The applicant may request the withdrawal of the tentative parcel map at any time prior to the recordation of the final parcel map. Notice of said request for withdrawal shall be made in writing and shall be filed with the Planning Director and the Director of the Engineering and Survey Services Department. Withdrawal of a tentative parcel map shall be final, and no further action shall be allowed on such map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 48

49 C H A P T E R PARCEL MAP WAIVERS SECTIONS: PURPOSE WAIVER OF PARCEL MAP WAIVER OF PARCEL MAP APPLICATION AND CONTENTS SUBMITTAL OF REQUEST FOR WAIVER OF TENTATIVE PARCEL MAP REVIEW AND APPROVAL OF REQUEST FOR WAIVER OF TENTATIVE PARCEL MAP MATTERS TO BE CONSIDERED AND FINDINGS DEVELOPMENT VARIATIONS LIMITED DESIGN VARIATIONS CONDITIONS OF APPROVAL MINOR REVISIONS PURPOSE The purpose of this chapter is to set forth the requirements for the submittal, review, and approval of requests for waivers of parcel map WAIVER OF PARCEL MAP The requirements for filing a parcel map may be waived at the discretion of the Planning Director in any of the following cases: A. A minor land division in which each parcel created has a gross area of forty (40) acres or more and each resulting parcel, including any designated remainder, has approved access to a public street or highway. In the case of properties subject to a Williamson Act Land Use Contract and designated 8.2, 8.3, or 8.5 by the Kern County General Plan or equivalent designation of any other adopted General or Specific Plan, each resulting parcel, including any designated remainder, shall contain a minimum gross area of eighty (80) acres. B. A minor division of land within a lot shown on a recorded final parcel or tract map which has been improved according to standards equal to or more stringent than those required under this title at the time the application is accepted as complete. C. A division of land zoned for commercial or industrial purposes that complies with all of the following: 1. The property to be divided has previously been divided by either a parcel map or tract map; 2. The property is located totally within the boundaries of one (1) of the maps contained in Appendix A; LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 49

50 3. All improvements required by this title have been constructed and approved by the County of Kern WAIVER OF PARCEL MAP APPLICATION AND CONTENTS The application for a waiver of parcel map shall include the following information: A. A completed Kern County Land Division Application form. B. Legal description of each of the proposed parcels that has been prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal. C. Two (2) copies of a preliminary title report for all affected properties. Title reports shall name the current record owners and shall not be more than ninety (90) days old. D. Hazardous Waste Verification Statement as required by Section of the California Government Code. E. A map showing the proposed land division, shall be based on a field survey in conformity with the Land Surveyors Act (except for cases meeting the criteria of Section A) and shall be prepared by a licensed surveyor or registered civil engineer authorized to perform land surveying, legibly drawn in ink and accurately to scale on one (1) sheet of paper eight and one-half (8 1/2) by eleven (11) inches in size, and including all of the following information: 1. Property lines, dimensions, bearings and distances (if not an aliquot division), and areas of the proposed parcels. Gross area shall be shown for those parcels containing two and one-half (2 1/2) acres or larger. Net area shall be shown for those parcels containing less than two and one-half (2 1/2) acres. If parcel area is less than one (1) acre, then area shall be expressed as net square feet. Acreage shall be shown to the nearest one-hundredth (1/100) of an acre, and square footage shall be shown to the nearest square foot. Each parcel created shall be designated on the map by a number or letter, except as provided in Section of the Subdivision Map Act. 2. Locations and dimensions of each existing structure, including outbuildings, distances between structures, and distances between structures and property lines of both the original parcel(s) and the proposed parcel(s). 3. Names, locations, and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed. 4. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground utility structures of any kind. 5. Location of existing domestic water supplies and existing septic tanks and disposal fields on all affected parcels. 6. Location of all watercourses, drainage channels, existing drainage structures, and springs. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 50

51 7. Approximate high water lines in lakes, reservoirs, streams, and rivers. 8. Parcel map waiver number, as assigned by the Planning Department. 9. Assessor's parcel numbers of parcels affected by the proposal. 10. Name and address of the applicant and of the person who prepared the map. 11. Scale of map (standard engineering scale), north arrow, and vicinity map. 12. Location of any Earthquake Fault Zone delineated by the State Geologist pursuant to Alquist-Priolo Earthquake Fault Zone Act. 13. The following statement shall appear on the map: "THIS MAP IS PROVIDED FOR ILLUSTRATION PURPOSES ONLY." Items 9 and 10 above may be shown on a second sheet that accompanies the map, and Items 9 and 10 may be deleted from the map that is recorded with the Certificate of Compliance SUBMITTAL OF REQUEST FOR WAIVER OF TENTATIVE PARCEL MAP A. An applicant for waiver of a tentative parcel map shall submit an application and map to the Planning Director in the format and number of copies specified by the Planning Director. The map shall contain all the information specified by Section , unless the Planning Director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the Board of Supervisors. B. The Planning Director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application REVIEW AND APPROVAL OF REQUEST FOR WAIVER OF TENTATIVE PARCEL MAP A. Review and Approval by the Planning Director Upon a determination that the application is complete, the Planning Director shall act to approve, conditionally approve, or disapprove the waiver request within fifty (50) calendar days, unless a public hearing is requested in accordance with Section B.2., in which case the developer shall sign an agreement extending the time limit to allow adequate time for conducting such a public hearing. If a hearing is requested, it shall be held within forty-five (45) days from the date the request is received. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the Planning Department evidenced in writing. These time periods shall commence after certification of the environmental impact report, adoption of a Negative Declaration, or upon a determination by the Planning Director that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. In order to concurrently process a parcel map waiver where a General Plan Amendment, zone change, or other legislative act is required by the County Board of Supervisors prior to approval of the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 51

52 waiver, these time limits shall commence on the effective date of the required legislative action. B. Right to a Public Hearing 1. No later than twenty (20) days prior to expiration of the time for action, the Planning Director shall give notice that the applicant or any interested person may, within ten (10) days, request a hearing on the waiver request and other matters required to be considered by the Planning Director in connection with his/her action thereon, or on any separate request for a variation. a. Such notice shall state that if no person files a request for hearing within the time provided in this section, the Planning Director will promptly consider the matter and make his/her decision thereon. b. Such notice shall also state that any interested person may examine the request for waiver, as well as any variation request, advance report, Lot Use Feasibility Study, or environmental documents pertaining thereto, at the office of the Planning Director during regular business hours. c. Such notice shall be given in the manner provided in Section D. 2. The applicant or any interested person may, not later than ten (10) days after the date of such notice is given, file with the Planning Director a written request for a hearing. 3. If a request for hearing is filed within the time provided in Section B.2, the Planning Director shall set the application(s) for a public hearing. 4. If no request for hearing is filed within the time provided in Section B.2, no hearing shall be required and the Planning Director shall promptly consider the request for waiver, render his/her decision, and give notice thereof in the manner provided in this section. C. Reports and Recommendations A copy of any report or recommendation on the proposed parcel map waiver prepared by the Planning Department shall be mailed to the applicant or his/her authorized agent at least fifteen (15) days prior to the proposed date of action and/or scheduled public hearing by the Planning Director. D. Notice and Hearing 1. Notice of Hearing At least ten (10) calendar days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods. a. Publishing such notice once in a newspaper of general circulation. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 52

53 b. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, to the owners of all property within five hundred (500) feet if the majority of those properties are less than two and one-half (2 1/2) acres (gross) in size and one thousand (1,000) feet if the majority of those properties are two and one-half (2 1/2) acres (gross) or greater in size of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last equalized assessment roll of the County. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice. c. In lieu of the requirements set forth above in Section D.1.a, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. 2. Public Hearing E. Decision A public hearing shall be held before the Planning Director at a time and place in accordance with the public notice. The Planning Director may establish his/her own rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the request for waiver, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the Planning Director in connection with his/her action on the request for waiver. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the Planning Director or his/her designated representative shall announce the time and place to which the hearing will be continued. 1. The Planning Director may approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section F. 2. Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as the case may be. Said notice may also be LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 53

54 F. Appeal given, at the discretion of the Planning Director, by personal delivery, with the same effect as if mailed. 3. The decision of the Planning Director shall be final upon expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the Planning Director within such time. 4. All conditions of approval shall be final, and a subsequent request to delete or to modify a condition to make it less restrictive shall only be considered in accordance with the procedure specified in Section B, unless said conditions are appealed pursuant to Section F. 1. Any decision of the Planning Director made pursuant to this section shall be subject to appeal to the Board of Supervisors. 2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the Planning Director prior to the time the decision becomes final. The Planning Director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the Board of Supervisors. 3. Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. 4. Notice of the hearing on the appeal shall be given in the manner and time provided in Section D. 5. The Board of Supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. 6. The decision of the Board of Supervisors on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given. G. Recordation Upon approval of the request for waiver and expiration of the appeal period specified in Section F or final decision of the Board of Supervisors upon appeal, the Planning Director shall cause to be recorded with the County Recorder a Certificate of Compliance and appropriate attachments reflecting the approved division of land, provided the following criteria have been met: 1. The applicant, or the applicant's title company or agent, shall submit grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the Planning Director has determined that the grant deed or deeds are in substantial compliance with the approved waiver, and that said grant deed or deeds contain the words "FOR PURPOSES OF WAIVER NO.." In lieu of submitting the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 54

55 grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance. 2. The grant deed or deeds, and beneficiary consent, if applicable, shall be recorded concurrently and shall constitute constructive notice of the parcel map waiver. 3. A guarantee of title or a preliminary title report dated ten (10) or less days prior to concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do business in California, showing that all parties having any record title interest in the land to be subdivided, or any part thereof, including, but not confined to, leaseholders, lien-holders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the waiver of parcel map is filed with the County for recording. In addition, the liability of such guarantee of title, if one is issued, shall be not less than one thousand dollars ($1,000). In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report. 4. All applicable recording fees have been paid, or arrangements have been made for all documents to be recorded by the title company. 5. All other conditions of approval for the parcel map waiver have been satisfied. H. Expiration and Extensions 1. An approval or conditional approval shall expire one (1) year from the date of approval of the parcel map waiver. 2. The subdivider or engineer may request an extension of the expiration date of the approved parcel map waiver by written application to the Director of Kern County Planning Department. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The Director of Kern County Planning Department shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one (1) year. Not more than three (3) extensions shall be approved for a parcel map waiver, and the total period of all extensions shall not exceed thirty-six (36) months MATTERS TO BE CONSIDERED AND FINDINGS A. Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, and the County Guidelines, the Planning Director shall review and consider any applicable environmental documents. B. The request for waiver may be approved or conditionally approved by the Planning Director if he/she finds that the request for waiver, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and all applicable provisions of the Kern County Ordinance Code. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 55

56 C. The request for waiver may be denied by the Planning Director on any of the grounds provided by the California Subdivision Map Act or this title. The Planning Director shall deny approval of the waiver if he/she makes any of the following findings: 1. That the proposed waiver is inconsistent with the General Plan, any applicable specific plan, or any applicable provisions of the Kern County Ordinance Code; 2. That the site is not physically suitable for the proposed type of development; 3. That the site is not physically suitable for the proposed density of development; 4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Director may approve such a waiver if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph 3, Subdivision (a) of Section of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; 5. That the design of the subdivision or the proposed improvements are likely to cause serious public health problems; 6. That the design of the subdivision or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the Planning Director may approve a request for waiver if he/she finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; DEVELOPMENT VARIATIONS A. The applicant may file a petition requesting one (1) or more design and development standard variations. Such variation requests should be filed with the request for waiver. Application for design and development standard variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample. B. The Planning Director is authorized to approve or conditionally approve a variation if he/she finds that: 1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation 2. Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 56

57 C. The Planning Director may conditionally approve a variation as he/she deems necessary to substantially secure the achievement of objectives of this title and to conform to the requirements of this section. D. The Planning Director shall give notice and, if requested, conduct a hearing on each proposed variation, after notice, in the manner provided in Section D and shall make the determinations mentioned in Section B. The hearing on a variation may be conducted at the same time as the hearing on a request for waiver or at a different time. If the variation is disapproved, it shall not be applied for or heard again, except on appeal, in connection with the same request for waiver unless it is shown there has been a substantial change in circumstances or a substantial redesign of the request for waiver LIMITED DESIGN VARIATIONS A. The applicant may file a petition requesting one (1) or more limited design variations as specifically provided for in this title or in the Development Standards. Matters which are subject to limited design variations mentioned in this section are identified in this title. The subdivider shall submit his/her written application for the limited design variation(s) with the parcel map waiver application. B. Application for a limited design variation may be accepted for deviations from the Kern County Development Standards and the following standards. Deviations from the improvement requirements specified in Section , Section , and Section shall be processed as a development variation (Section ) D.1 blocks in excess of 1,320 feet D.2 blocks less than two tiers of lots wide F.3 lot depths greater than three times the width F.4 double-frontage lots F.6 key (reverse corner) lots. C. An application for a limited design variation shall include the following information: 1. Name of applicant (subdivider). 2. Name of registered civil engineer or licensed land surveyor. 3. Parcel map waiver number to which the request applies. 4. A written explanation that justifies approval of the request. 5. A design sample that illustrates how the map would appear if the limited design variation is not granted. D. The Planning Director may approve or conditionally approve the limited design variation if it finds: LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 57

58 1. Approval of the limited design variation is justified based on the design, location, topography, street, or circulation patterns affecting the proposed subdivision; and, 2. Approval of the limited design variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. E. Exceptions specifically provided for in this title or the Development Standards shall be approved, conditionally approved, or denied by the Planning Director following review of recommendations by the responsible County department(s). If denied by the Planning Director, the applicant may request approval of the limited design variation by the Board of Supervisors CONDITIONS OF APPROVAL In approving the parcel map waiver, the Planning Director may impose as conditions of filing a final parcel map any or all, but not limited to, the following requirements: A. On-site improvements B. Off-site improvements C. Dedications D. Payment of applicable fees, including, but not limited to, Quimby fees E. Filing and approval of soils and/or engineering geology report F. Undergrounding utility lines on peripheral streets G. Compliance with mitigation measures contained in applicable environmental documents H. Removal of obstructions I. Flood and drainage requirements MINOR REVISIONS A. Minor revisions to an approved waiver of parcel map may be approved by the Planning Director as being in substantial conformity with the originally approved waiver upon application by the subdivider or his/her authorized agent, provided that: 1. Such changes are consistent with the intent of the original approval; 2. The original conditions need not be modified; and 3. There are no resulting violations of the Kern County Ordinance Code. B. Approved revisions shall be denoted on the approved waiver map and/or in writing to the subdivider, whichever is appropriate. C. No revision shall affect the original expiration date of the approved waiver. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 58

59 D. The Planning Director may require a new application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 59

60 C H A P T E R LOT LINE ADJUSTMENTS SECTIONS: PURPOSE APPLICABILITY LOT LINE ADJUSTMENT APPLICATION AND CONTENTS SUBMITTAL OF LOT LINE ADJUSTMENT REVIEW AND APPROVAL OF LOT LINE ADJUSTMENT MAP MATTERS TO BE CONSIDERED AND FINDINGS DEVELOPMENT VARIATIONS MINOR REVISIONS PURPOSE The purpose of this chapter is to set forth the requirements for the submittal, review, and approval of lot line adjustments APPLICABILITY A lot line adjustment, which is defined as a change in any lot line between four or fewer adjoining parcels where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, shall not require a parcel or tract map. No conditions or exactions, except those required to achieve conformance with the Kern County General Plan, any applicable Specific Plan, and the Kern County Zoning and Building Ordinances, shall be required as a condition of approval of a lot line adjustment. Public access must be shown to each parcel that is the subject of the lot line adjustment, unless existing access to each of the affected lots is by approved private recorded access, in which case private recorded access may also serve the adjusted parcels LOT LINE ADJUSTMENT APPLICATION AND CONTENTS The application for a lot line adjustment shall include the following information: A. A completed Kern County Land Division Application form. B. Legal description of each of the proposed parcels that has been prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal. C. Two (2) copies of a preliminary title report for all properties whose lot lines would be altered by the proposed adjustment. Title reports shall name the current record owners and shall not be more than ninety (90) days old. D. Hazardous Waste Verification Statement as required by Section of the California Government Code. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 60

61 E. A lot line adjustment map, prepared by a licensed surveyor or a registered civil engineer authorized to perform land surveying, legibly drawn in ink and accurately to scale on one (1) sheet of paper eight and one-half (8 1/2) by eleven (11) inches in size, and including all of the following information: 1. Lot lines, dimensions, bearings and distances (if not an aliquot division), and areas of the original parcel(s) and adjusted parcels. Gross area shall be shown for those parcels containing two and one-half (2 1/2) acres or larger. Net area shall be shown for those parcels containing less than two and one-half (2 1/2) acres. If parcel area is less than (1) acre, then area shall be expressed as net square feet. Acreage shall be shown to the nearest one-hundredth (1/100) of an acre, and square footage shall be shown to the nearest square foot. Each parcel created shall be designated on the map by a number or letter. 2. Locations and dimensions of each existing structure, including outbuildings, distances between structures, and distances between structures and property lines of both the original parcel(s) and the proposed parcel(s). 3. Names, locations, and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed. 4. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground utility structures of any kind. 5. Location of existing domestic water supplies and existing septic tanks and disposal fields on all affected lots. 6. Location of all watercourses, drainage channels, existing drainage structures, and springs. 7. Approximate high water lines in lakes, reservoirs, streams, and rivers. 8. Lot line adjustment number, as assigned by the Planning Department. 9. Name and address of the applicant, and of the person who prepared the map. 10. Scale of map (standard engineering scale), north arrow, and vicinity map. 11. Location of any Earthquake Fault Zone delineated by the State Geologist pursuant to Alquist-Priolo Earthquake Fault Zone Act. 12. The following statement shall appear on the map: "THIS MAP IS PROVIDED FOR ILLUSTRATION PURPOSES ONLY." Item 10 above may be shown on a second sheet that accompanies the map, and Item 10 may be deleted from the map that is recorded with the Certificate of Compliance. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 61

62 SUBMITTAL OF LOT LINE ADJUSTMENT A. An applicant for a lot line adjustment shall submit an application and map and title reports to the Planning Director in the format and number of copies specified by the Planning Director. The map shall contain all the information specified by Section , unless the Planning Director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the Board of Supervisors. B. The Planning Director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application REVIEW AND APPROVAL OF LOT LINE ADJUSTMENT A. Review and Approval by the Planning Director Upon a determination that the application is complete, the Planning Director shall act to approve or disapprove the lot line adjustment within fifty (50) calendar days. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the Planning Department evidenced in writing. These time periods shall commence after certification of the environmental impact report, adoption of a Negative Declaration, or upon a determination by the Planning Director that the project is exempt from the requirements of Division 13 of the Public Resources Code. In order to concurrently process a lot line adjustment where a General Plan Amendment, zone change, or other legislative act is required by the County Board of Supervisors prior to approval of the lot line adjustment, these time limits shall commence on the effective date of the required legislative action. B. Reports and Recommendations A copy of any report or recommendation on the lot line adjustment prepared by the Planning Department shall be mailed to the applicant or his authorized agent at least fifteen (15) days prior to the proposed date of action by the Planning Director. C. Decision 1. The Planning Director may approve or deny any application for lot line adjustment. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section D. 2. Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as the case may be. Said notice may also be given, at the discretion of the Planning Director, by personal delivery, with the same effect as if mailed. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 62

63 D. Appeal 3. The decision of the Planning Director shall be final upon expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the Planning Director within such time. 1. Any decision of the Planning Director made pursuant to this section shall be subject to appeal to the Board of Supervisors. 2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the Planning Director prior to the time the decision becomes final. The Planning Director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the Board of Supervisors. 3. Notice of the hearing on the appeal shall be given in the manner and time provided in Section D. 4. The Board of Supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. 5. The decision of the Board of Supervisors on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given. E. Recordation Upon approval of the request for lot line adjustment and expiration of the appeal period specified in Section D or final decision of the Board of Supervisors upon appeal, the Planning Director shall cause to be recorded with the County Recorder a Certificate of Compliance and appropriate attachments reflecting the approved lot line adjustment, provided the following criteria have been met: 1. The applicant, or the applicant's title company or agent, has submitted the grant deed or deeds for the land proposed to be conveyed for the lot line adjustment, in recordable form, and the Planning Director has determined that the grant deed or deeds are in substantial compliance with the approved lot line adjustment map, and that said grant deed or deeds contain the words "FOR PURPOSES OF LOT LINE ADJUSTMENT NO.." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance. 2. In cases where deeds of trust are affected by the adjustment, the applicant's title company shall prepare partial reconveyances and supplemental deeds of trust in substantial compliance with the approved lot line adjustment, and shall arrange for their concurrent recording with the Certificate of Compliance. 3. All applicable fees have been paid, or arrangements have been made for all documents to be recorded by the title company. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 63

64 4. The grant deed or deeds, partial reconveyances, and supplementary deeds of trust, if applicable, shall be recorded concurrently and shall constitute constructive notice of the adjustment. 5. A guarantee of title, or a preliminary title report dated ten (10) days or less prior to concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do business in California, showing that all parties having any record title interest in the land to be subdivided, or any part thereof, including, but not limited to, leaseholders, lienholders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the lot line adjustment is filed with the County for recording. In addition, the liability of such guarantee, if one is issued, shall not be less than one thousand dollars ($1,000). In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report. 6. As provided for by the State Subdivision Map Act, the applicant may file a "Record of Survey" along with the required map and grant deed or deeds. If a field survey is made as part of the lot line adjustment, a Record of Survey shall be filed in accordance with Section 8764 of the Business and Professions Code, State of California. 7. All other conditions of approval for the lot line adjustment have been satisfied. F. Expiration and Extensions 1. An approval or conditional approval shall expire one (1) year from the date of approval of the lot line adjustment. 2. The subdivider or engineer may request an extension of the expiration date of the approved lot line adjustment by written application to the Director of Kern County Planning Department. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The Director of Kern County Planning Department shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one (1) year. Not more than three (3) extensions shall be approved for a lot line adjustment, and the total period of all extensions shall not exceed thirty-six (36) months. G. Procedure for Over-the-Counter Approval 1. The applicant's engineer or surveyor may request that the processing of an application be performed over-the-counter. The decision to grant the request for over-thecounter processing shall be at the discretion of the Planning Director. However, no application shall be processed over-the-counter where the approval of a development variation or limited design variation to this chapter is required in order to approve the design of the map. Additionally, the Director must find that the project will be exempt from the requirements of the California Environmental Quality Act (CEQA) and that no other discretionary approval is required to approve the proposed map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 64

65 2. In such instances where the Planning Director grants a request for over-the-counter processing, the following listed sections of this chapter shall be inapplicable: A, B, and C. 3. Upon a determination that the application is complete, the Planning Director shall make a determination if the processing of the application can continue through the over-the-counter process. If an affirmative determination is made, the Planning Director shall act to approve or disapprove the lot line adjustment within two (2) working days. The time limits for acting on certain matters specified in the section may be extended by mutual consent of the applicant and the Planning Department evidenced in writing. 4. A copy of any report or recommendation on the proposed lot line adjustment prepared by the Planning Department shall be given to the applicant's engineer or surveyor at the counter prior to taking final action on the proposal. 5. The Planning Director may approve, conditionally approve, or deny any application. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final subject to appeal in accordance with Section D. 6. Written notice of such decision shall be given to the applicant's engineer or surveyor at the counter or given in a manner mutually agreeable to the Director and the applicant's representative. 7. The decision of the Planning Director shall be final upon expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the Planning Director within such time. 8. All conditions of approval shall be final, and a subsequent request to delete or modify a condition to make it less restrictive shall only be considered after a written request is submitted and accompanied by the applicable fee. Consideration of the request shall be in accordance with Section G unless said conditions are appealed pursuant to Section D MATTERS TO BE CONSIDERED AND FINDINGS A. Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, and the County Guidelines, the Planning Director shall review and consider any applicable environmental documents. B. The lot line adjustment may be approved by the Planning Director if he/she finds that the proposed lot line adjustment is consistent with the General Plan, any applicable specific plan, and all applicable provisions of the Kern County Ordinance Code. C. The lot line adjustment may be denied by the Planning Director on any of the grounds provided by the California Subdivision Map Act or this title. The Planning Director shall deny approval of the lot line adjustment if he/she makes any of the following findings: 1. That the proposed lot line adjustment is inconsistent with the General Plan, any applicable specific plan, or any applicable provisions of the Kern County Ordinance Code. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 65

66 2. That the site is not physically suitable for the proposed type of development. 3. That the site is not physically suitable for proposed density of development. 4. That the lot line adjustment is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Director may approve such a lot line adjustment if an environmental impact report was prepared with respect to the project and necessary findings were made pursuant to Section 21081(a), (b), and (c) of CEQA. 5. That the lot line adjustment is likely to cause serious public health problems. 6. That the lot line adjustment will conflict with easements acquired by the public at large for access through or use of property within the proposed lot line adjustment. In this connection, the Planning Director may approve a lot line adjustment if he/she finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the Planning Director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. D. That method of sewage disposal, water supply, and measures for preservation of environmental health are inconsistent with Division Five of the Kern County Environmental Health Services Department Standards and Rules and Regulations for Land Development. However, the requirements may be waived by the Environmental Health Services Director in the exercise of his/her reasonable discretion. In no event shall any requirements be waived if, in the opinion of the Fire Chief, such waiver would adversely affect the fire protection capabilities of the Fire Department DEVELOPMENT VARIATIONS A. The applicant may file a petition requesting one (1) or more development variations. Such variation requests should be filed with the request for lot line adjustment. Application for development variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample. B. The Planning Director is authorized to approve or conditionally approve a variation if he/she finds that: 1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation; and, 2. Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity. C. The Planning Director may conditionally approve a variation as he/she deems necessary to substantially secure the objectives of this title and to conform to the requirements of this section. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 66

67 D. The Planning Director shall give notice and, if requested, conduct a hearing on each proposed variation, after notice, in the manner provided in Section D and shall make the determinations mentioned in Section B. The hearing on a variation may be conducted at the same time as the hearing on a request for lot line adjustment, or at a different time. If the variation is disapproved, it shall not be applied for or heard again, except on appeal, in connection with the same request for lot line adjustment unless it is shown there has been a substantial change in circumstances or a substantial redesign of the request for lot line adjustment MINOR REVISIONS A. Minor revisions to an approved lot line adjustment may be approved by the Planning Director as being in substantial conformity with the originally approved lot line adjustment upon application by the subdivider or his/her authorized agent, provided that: 1. Such changes are consistent with the intent of the original approval; and 2. There are no resulting violations of the Kern County Ordinance Code. B. Approved revisions shall be denoted on the approved lot line adjustment map and/or in writing to the subdivider, whichever is appropriate. C. No revision shall affect the original expiration date of the approved lot line adjustment. D. The Planning Director may require a new application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 67

68 C H A P T E R VESTING TENTATIVE MAPS SECTIONS: PURPOSE APPLICATION PROCEDURES DEVELOPMENT RIGHTS PURPOSE The purpose of this chapter is to establish procedures for implementation of Sections et seq. of the California Subdivision Map Act. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan or any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Kern County Ordinance Code APPLICATION Whenever a provision of the California Subdivision Map Act or this title requires the filing of a tentative subdivision map or tentative parcel map for a development, a vesting tentative map may instead be filed in accordance with the provisions of this chapter. If a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction PROCEDURES A. Filing and Processing A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in Chapters or for tentative tract or tentative parcel maps, except as hereinafter provided: 1. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. Expiration Approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative tract or tentative parcel map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 68

69 DEVELOPMENT RIGHTS A. Approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section of the California Government Code. However, if Section of the California Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. Vesting tentative maps do not vest with respect to traffic impact fees, and those traffic impact fees that are in effect when building permits are applied for on any lot within a recorded map, or phase thereof, shall be collected at, or prior to, permit issuance. In making this decision to not vest traffic impact fees, the Board of Supervisors hereby finds that, pursuant to Section of the Subdivision Map Act, failure to provide adequate funding for road and circulation system improvements will lead to increased traffic congestion which will result in increased air pollution and greenhouse gases that will directly result in adverse health impacts on the future residents of any new subdivision and existing and future residents in the immediate vicinity of the subdivision within the applicable traffic impact fee area. Application processing fees for vested maps do not vest because they represent the developer s share of the cost of providing those processing services. B. A permit, approval, extension, or entitlement associated with a vesting tentative map may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residents or occupants of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. 2. The condition or denial is required in order to comply with state or federal law. C. The rights referred to herein shall expire if a final map is not recorded prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one (1) year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in Section C.1 above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) calendar days from the date a complete application is filed. 3. A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in Section C.1 above expires. If the extension for a tract or parcel is denied, the subdivider may appeal that denial to the Board of Supervisors within fifteen (15) calendar days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Sections C.1 through C.3, the rights LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 69

70 referred to herein shall continue until the expiration of that permit, or any extension of that permit. D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, such inconsistency shall be noted on the map. The County may deny such a vesting tentative map or approve it conditioned on the subdivider, or his/her designated representative, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section A, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved. The rights conferred by this section shall be for the time periods set forth in Section C. E. Notwithstanding any provision of this title, a property owner, or his/her designated representative, may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections A and D, and the County may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 70

71 C H A P T E R FINAL MAPS SECTIONS: PURPOSE SUBMISSION OF FINAL TRACT MAP DATA AND DOCUMENTS TO BE FILED WITH FINAL TRACT MAP REVIEW AND APPROVAL OF FINAL TRACT MAP GRADING AND/OR IMPROVEMENTS PRIOR TO RECORDATION OF FINAL TRACT MAP SUBMISSION OF FINAL PARCEL MAP DATA AND DOCUMENTS TO BE FILED WITH FINAL PARCEL MAP REVIEW AND APPROVAL OF FINAL PARCEL MAP GRADING AND/OR IMPROVEMENTS PRIOR TO RECORDATION OF FINAL PARCEL MAP PURPOSE The purpose of this chapter is to set forth requirements for the review and approval of final tract and parcel maps 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. 1. 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 four-thousandths (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. 2. 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. 3. 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. 4. Sheet number and total number of sheets shall appear on the lower right hand corner of each sheet. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 71

72 5. The tract map number, scale, and north arrow shall be shown on each sheet. 6. All lettering shall be a minimum one-tenth (1/10th) 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 inches. 7. In final tract 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. 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 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. 8. All lots within 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. 9. 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. 10. 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: 1. 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 (1/2) inch. Tract or subdivision sales names shall not be shown on the final tract map. 2. 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 72

73 3. References to recorded final tract and parcel maps shall be worded identically with original records, with references to the books and pages. 4. All required statements, certificates, acknowledgments, endorsements, and acceptances of dedication shall appear on the title sheet(s). 5. 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: 1. The tract number, date of survey, scale, and north arrow. 2. 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. 3. The locations and widths of pedestrian ways, if any. 4. The locations and dimensions of public areas and the net acreage, to the nearest onehundredth (1/100) of an acre, contained therein. If areas are less than one (1) acre, actual square footage shall be stated. 5. 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. 6. Easements being dedicated shall be indicated in the instrument of dedication. 7. Locations and dimensions of drainage easements. 8. Locations and widths of utility rights-of-way and railroad rights-of-way. 9. Locations and widths of any other easements (slope, equestrian, etc.). 10. Locations and widths of lots or locations of access rights to be dedicated or conveyed to the County. 11. Locations, widths, and names of streets, alleys, and pedestrian ways adjacent to the proposed tract. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 73

74 12. Locations of city boundary lines. 13. 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 (2 1/2) acres or more shall show gross acreage to the nearest one hundredth (1/100). Lots containing less than two and one-half (2 1/2) 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. 14. 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. 15. Location and dimensions of all applicable floodplain zoning shall be shown on a separate information sheet. 16. 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. 17. 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. 18. 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 74

75 19. 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. 20. 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. 21. 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. 22. The final tract map shall show all city boundaries crossing or adjoining the tract clearly designated and tied in. 23. 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. 24. 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. 25 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. 26. 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: 1. A statement, signed and acknowledged by all parties having any record title or interest in the land subdivided, except as otherwise provided in Sections through 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. 2. 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). LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 75

76 3. A statement or certificate for execution by the Planning Director (Statement or Certificate of Planning Director). 4. A statement or certificate for execution by the County Surveyor (Statement or Certificate of County Surveyor). 5. A statement or certificate for execution by the Board of Supervisors (Statement or Certificate of Board of Supervisors). 6. A statement or certificate for execution by the County Recorder on all sheets (Statement or Certificate of County Recorder). 7. A statement or certificate for execution by the public entity for which a dedication is made, where applicable (Statement or Certificate of District). 8. 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 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 76

77 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 1. 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, lien holders, 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. 2. 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. 3. The liability on such guarantee of title shall be not less than five thousand dollars ($5,000). 4. Concurrently with the recordation of the final tract map, the said 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 77

78 H. Taxes and Assessments The certificates and bonds or other security relating to taxes, assessments, and liens therefore 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 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 REVIEW AND APPROVAL OF FINAL TRACT MAP A. Final Tract Map Checking 1. 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. 2. 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. 3. 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. 4. 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 said 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 78

79 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 1. The County Surveyor shall certify that the final tract map is in accordance with Section 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 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 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 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. 2. When the County Surveyor has signed the statements and/or certificates mentioned in Section of the California Subdivision Map Act, he/she shall file the final tract LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 79

80 C. Monuments map and the said data, documents, bonds, money, and other matters with the Board of Supervisors. 1. 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 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 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 partwidth facility, the monument encasement need not be placed until the adjoining part-width facilities are completed. Sole responsibility for LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 80

81 installing this monument encasement rests with the developer who installs the final portion of the adjoining improvements. 4. 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. 5. 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 1. 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. 2. 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. 3. 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 81

82 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. 4. 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. 5. 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. 6. 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 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 of the California Subdivision Map Act 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 in connection with any improvement for a tract prior to approval and recordation of the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 82

83 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: 1. 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; 2. The tentative tract map has been approved or conditionally approved; 3. Any rezoning to make the lots conform to the Kern County Zoning Ordinance has been approved; 4. 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 5. 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 83

84 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 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 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 therefore, if the Director 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 tract prior to approval of the final tract map and that any easement or license therefore 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 Sections B, E, and F. J. If any such facility mentioned in Section 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 I shall not apply to any public LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 84

85 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 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 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 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 relating to removal of obstructions. O. The provisions of Sections 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 Sections 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 tract SUBMISSION OF FINAL PARCEL MAP A. Form The final parcel map shall be based on a field survey, except as noted in Section A.11, 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. 1. 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 four-thousandths (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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 85

86 2. 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. 3. 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. 4. Sheet number and total number of sheets shall appear on the lower right hand corner of each sheet. 5. The parcel map number, scale, and north arrow shall be shown on each sheet, if necessary. 6. All lettering shall be a minimum one-tenth (1/10th) 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 inches. 7. 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. 8. 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. 9. 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. 10. 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 86

87 11. 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: 1. 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 (1/2) inch. Parcel map or subdivision sales names shall not be shown on the final parcel map. 2. 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. 3. References to recorded final tract or parcel maps shall be worded identically with original records, with references to the books and pages. 4. All required certificates, statements, acknowledgments, endorsements, and acceptances of dedication shall appear on the title sheet(s). 5. 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: 1. The parcel map number, date of survey if any, scale, and north arrow. 2. 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. 3. The locations and widths of pedestrian ways, if any. 4. The locations, dimensions, and area of each parcel. Gross area shall be shown for those parcels containing two and one-half (2 1/2) acres or larger. Net area shall be shown for those parcels containing less than two and one-half (2 1/2) 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 87

88 5. 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. 6. New easements being dedicated on the final map shall be indicated in the owner's statement and dimensions shown on the map sheet. 7. Locations and widths of parcels or location of access rights to be dedicated or conveyed to the County. 8. Locations, widths, and names of streets, alleys, and pedestrian ways adjacent to the proposed parcel map. 9. 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. 10. 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. 11. 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. 12. 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. 13. The map shall show all city boundaries crossing or adjoining the parcel map clearly designated and tied in. 14. 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 88

89 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: 1. A statement, signed and acknowledged by all parties having any record title or interest in the land subdivided, except as otherwise provided in Sections through 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. 2. 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). 3. A statement and/or certificate for execution by the Planning Director (Statement and/or Certificate of Planning Director). 4. A statement for execution by the County Surveyor (Statement of County Surveyor). 5. A statement and/or certificate for execution by the County Recorder on all sheets (Statement and/or Certificate of County Recorder). 6. A statement for execution by the public entity for which a dedication is made, where applicable (Statement of District). 7. 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 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: 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 89

90 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 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 1. 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, lien-holders, 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. 2. 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. 3. The liability on such guarantee of title shall be not less than one thousand dollars ($1,000). 4. Concurrently with the recordation of the final parcel map, the said 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 90

91 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 therefore 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 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 REVIEW AND APPROVAL OF FINAL PARCEL MAP A. Final Parcel Map Checking 1. 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. 2. 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. 3. 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. 4. 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. A Computer Aided Drafting (CAD) file (dwg or dxf) of the final parcel map shall also be provided LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 91

92 on one (1) three and one-half- (3 1/2-) inch floppy disk or other acceptable media. Requirements for the format of the disk shall be as per Appendix C. An applicable conversion fee will be assessed for maps that are not filed with the required CAD file. The information contained in the required CAD file is a working drawing for incorporation into the County-wide electronic files. The design engineer/surveyor is not liable for any use of the required CAD files. 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 1. The County Surveyor shall certify the final parcel map in accordance with Section 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 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 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 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 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 92

93 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. 2. When the County Surveyor has signed the certificate mentioned in Section 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 1. 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 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 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 d. Monuments shall be set or not set as per the Development Standards, Division 8, Survey Monuments. 3. 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 93

94 d. The improvements 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. 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 4. 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. 5. 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 1. 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. 2. 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. 3. 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 of the California Subdivision Map Act. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 94

95 E. Certification of the Final Parcel Map by the Clerk of the Board 1. 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. 2. Upon certification, the Clerk of the Board shall transmit the final parcel map to the County Recorder 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: 1. The subdivider has made written application to and has obtained approval from the Director of the Engineering and Survey Services Department for such work; 2. The tentative parcel map has been approved; 3. Any rezoning necessary to make lots conform to the Kern County Zoning Ordinance has been approved; 4. 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, AIf 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 5. 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, LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 95

96 and is not likely to injure any nearby property, whether the subdivision is completed or abandoned. 6. 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 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 96

97 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 therefore 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 B, E, and F. J. If any such facility mentioned in Section 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 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 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 relating to removal of obstructions. O. The provisions of Sections 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 Sections 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. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 97

98 C H A P T E R DEDICATIONS AND RESERVATIONS SECTIONS: PURPOSE GENERAL AUTHORITY DEDICATION OF HIGHWAYS, STREETS, ALLEYS, OR OTHER PUBLIC RIGHTS-OF-WAY OR EASEMENTS STREETS, ALLEYS, OR OTHER RIGHTS-OF-WAY NOT ACCEPTED FOR MAINTENANCE BY THE COUNTY OF KERN BRIDGES AND MAJOR THOROUGHFARES PLANNED DRAINAGE FACILITIES RAILROAD AND GRADE CROSSINGS PARK LAND DEDICATION RESERVATIONS PURPOSE The purpose of this chapter is to establish and describe the dedications and reservations which may or shall be required as conditions of approval for subdivision maps. This chapter outlines the circumstances, procedures, and formulas which may apply to a subdivision map submitted for approval GENERAL AUTHORITY A. The Board of Supervisors or the Planning Director shall have the authority to require dedication or offer of dedication to the public, to the County, the State of California, or any other governmental agency with respect to any easement or right-of-way required to be furnished under this chapter. B. All parcels of land or lots shown on the final subdivision map as intended for public use shall be offered for dedication for public use at the time the final subdivision map is filed, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants, and servants. C. All streets, alleys, pedestrian ways, drainage channels, drainage sumps, parcels of land, easements, and other rights-of-way shown on the final subdivision map as intended for public use (except easements for those public utilities regulated by the Public Utilities Commission of the State of California and except those parcels, other than streets, which are intended and designated for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants, and servants) shall be offered for dedication for public use at the time the final subdivision map is filed, except that private streets and alleys, as approved on the tentative map, may be shown on the final subdivision map and may be reserved and used for private use when such facilities are improved to the standards in this title. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 98

99 D. All rights of access to and from streets, lots, and parcels of land shown on the final subdivision map which are intended to be surrendered shall be offered for dedication at the time the final subdivision map is filed. E. Future street reservations shall be provided when, in the opinion of the Board of Supervisors or the Planning Director, as appropriate, special conditions exist, which, if not considered early in the tentative map review process, may result in long-range problems of circulation, drainage, lot design, and other related planning matters in the implementation of the intent and purpose of the General Plan and its various elements. F. All off-site dedications required as a condition of the subdivision map shall be made by separate instrument DEDICATION OF HIGHWAYS, STREETS, ALLEYS OR OTHER PUBLIC RIGHTS- OF-WAY OR EASEMENTS A. As a condition of approval of a tentative tract or tentative parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land or lots within and/or outside the subdivision that are needed for streets and alleys, including access rights and drainage, scenic easements, public utility easements, and other public easements. B. The County may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within or abutting the subdivision. The waiver shall become effective in accordance with its provisions and shall be contained in the owner s statement of the final map. C. The subdivider shall furnish to the County an offer of dedication for purposes of right-of-way for a major or secondary highway alignment, as provided in this section, if the Board of Supervisors or the Roads Department Director, as appropriate, finds that: 1. Traffic which may be generated by lots or parcels in the subdivision will, in reasonable probability, add substantially to the traffic on such highway; 2. Traffic on such highway, including traffic which may be generated by lots or parcels in the subdivision, will require a major or secondary highway, as the case may be, for the public safety and convenience; and 3. Such highway is consistent with the Circulation Element of the Kern County General Plan. D. If a major (arterial) or secondary (collector) highway or local street alignment lies wholly within a subdivision, the subdivider shall furnish such offer of dedication and/or an easement for public access purposes, as appropriate, for: 1. One hundred and ten (110) feet in width, in the case of a major (arterial) highway alignment; ninety (90) feet in width, in the case of a secondary (collector) highway alignment; or sixty (60) feet in width, in the case of a local street alignment. 2. Specific plan line rights-of-way, in accordance with the applicable specific plan. 3. Official plan line rights-of-way, in accordance with the applicable official plan. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 99

100 4. State highway rights-of-way, in accordance with requirements of the California Department of Transportation. E. If a major (arterial) or secondary (collector) highway or local street alignment lies only partly within the subdivision, the subdivider shall furnish the offer of dedication of right-of-way for the portion of the alignment within the subdivision, in accordance with the Kern County Development Standards, but not more than the width shown in Section D in any case. F. If a major (arterial) or secondary (collector) highway or local street alignment lies outside a subdivision and is deemed necessary for access thereto, such dedications or offers of dedication shall be provided as required by the conditions of approval S TREETS, ALLEYS O R O THER RI GHTS-OF-WAY O R EAS EMENTS NO T ACCEPTED FOR MAINTENANCE BY THE COUNTY OF KERN A. No street, alley, or right-of-way easement for road or highway purposes, required or furnished under this chapter, including, but not limited to, any dedicated or offered for dedication to the public or to the County, shall become a County highway or be required to be maintained or improved by the County, until and unless the Board of Supervisors has officially accepted it into the County road system. B. Nothing in this title and no approval of any parcel or waiver of a parcel map shall be construed as requiring the County to accept into the County road system, or otherwise to accept or maintain, any road or easement or right-of-way required or furnished under this chapter, including, but not limited to, any dedicated or offered for dedication to the public or to the County. C. Except with respect to roads officially accepted into the County road system before the final parcel map is transmitted to the County Surveyor for certification, the map shall bear a statement that reads substantially as follows: "Any road or easement or right-of-way for road or highway purposes shown or referred to on this map, including, but not limited to, any dedicated or offered for dedication to the public or to the County, is not a County highway and is not subject to maintenance or improvement by the County of Kern until and unless the County officially accepts the same into the County Road System, by resolution of the Board of Supervisors, excepting any expressly shown hereon as being a County highway." D. Except with respect to those easements or rights-of-way for other than road or highway purposes officially accepted for maintenance by the County before the parcel map is transmitted to the County Surveyor for certification, the map shall bear a statement substantially as follows: "Any easement or right-of-way shown or referred to on this map, including, but not limited to, any dedicated or offered for dedication to the public or the County, is not subject to maintenance or improvement by the County of Kern until and unless the County officially accepts the same for main- LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 100

101 tenance, by resolution of the Board of Supervisors, excepting any expressly shown hereon as being a County easement or right-of-way." E. In conjunction with approval of the final map, the Board 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 map BRIDGES AND MAJOR THOROUGHFARES A. If a subdivision or any portion thereof lies within an area of benefit established in accordance with this section or any other ordinance of the County adopted pursuant to Section of the California Subdivision Map Act, the subdivider shall pay to the County the apportioned fees applicable to that portion of the subdivision lying within such area of benefit, in accordance with the requirements of Section G.8 of this chapter, or shall furnish to the County a consideration in lieu of payment of such fees as approved by resolution of the Board of Supervisors. This paragraph shall not apply unless the Circulation Element of the General Plan has been adopted at least thirty (30) days prior to the filing of the tentative map for such subdivision. B. The Board of Supervisors may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in the preceding paragraph, if the Board finds that such consideration has a value not less than the fees that would otherwise be payable. C. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof: 1. Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established. 2. Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established. D. If the Board of Supervisors finds that the consideration in lieu of fees has a value in excess of the amount of fees that would otherwise be payable, the Board may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement. E. A subdivider shall be required to construct any necessary bridge facilities, parts thereof, or contribute to bridge facility costs if the Board of Supervisors finds that: 1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such bridges; or 2. A proceeding has been commenced for establishment of an area of benefit for such bridge project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such bridge would by reason of traffic, including, but not limited to, traffic which may be generated by such subdivision, constitute a hazard to public safety. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 101

102 F. A subdivider shall be required to construct any necessary major thoroughfares, parts thereof, or contribute to major thoroughfare costs if the Board of Supervisors finds that: 1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such thoroughfare or part thereof; or 2. A proceeding has been commenced for establishment of an area of benefit for such major thoroughfare project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such major thoroughfare would by reason of traffic, including, but not confined to, that which may be generated by such subdivision, constitute a hazard to public safety. G. An area of benefit as referred to in this section shall be established in the manner following: 1. A public hearing shall be held by the Board of Supervisors for each area of benefit to be established. Notice of such hearing shall be given pursuant to Section of the California Government Code. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge project or major thoroughfare project, as the case may be, the proposed allocation to the area of benefit, and the proposed method of fee apportionment. Such notice shall also state the date, time, and place of the public hearing, and that written protests may be filed as provided in this section. 2. Written protests may be filed with the Clerk of the Board by owners of property within the proposed area of benefit at any time prior to the date and time fixed for such public hearing. Any protest may be withdrawn by the owner of the land making the protest by a request in writing filed with the Clerk of the Board at any time prior to conclusion of such public hearing. 3. If there is a written protest by the owners of more than one-half (1/2) of the area of the property to be benefitted by the improvement, not withdrawn prior to the conclusion of the hearing, against establishment of such area of benefit or against the proposed improvements or acquisitions, then the proceedings shall be abandoned, and the Board of Supervisors shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions. 4. If there is a written protest by the owners of more than one-half (1/2) of the area of the property to be benefitted by the improvement, not withdrawn prior to the conclusion of the hearing, against only a portion of the proposed improvement or acquisition, then the proceedings shall be abandoned with respect to the proposed improvement or acquisition protested against, and the Board of Supervisors shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for the establishment of an area of benefit for the improvement or acquisition so protested against. Nothing in this paragraph shall be deemed to prohibit the Board, within such one- (1-) year period, from commencing or carrying on new proceedings for the establishment of an area of benefit for the part of the improvement or acquisition protested, if it finds, by the affirmative vote of at least four-fifths (4/5) of its members, that the owners of more than one-half (1/2) of the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 102

103 area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition. 5. At such public hearing, the Board of Supervisors shall determine whether to establish such area of benefit, and if so, shall adopt a resolution prescribing the boundaries of the area of benefit, stating the cost, whether actual or estimated, a fair method of allocation of costs to the area of benefit, and a fair apportionment of fees. A certified copy of such resolution shall be filed for record with the County Recorder. 6. In case of a requirement for any bridge, the Board of Supervisors shall find that, prior to said public hearing, the County has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan, which identifies railways, freeways, streams, or canyons for which bridge crossings are required, and that the bridge or each bridge for which such area of benefit is established is one necessary to satisfy such bridge crossing requirement in such element or provisions of the General Plan. 7. In case of a requirement for any major thoroughfare, the Board of Supervisors shall find that, prior to said public hearing, the County has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element. 8. The resolution adopted by the Board shall require that the apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of any final map or any parcel map or as a condition to issuing a building permit thereon, consistent with the provisions of Section of the California Government Code. 9. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such hearing. 10. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the Board of Supervisors shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources. 11. In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare. 12. In case of major thoroughfares, the payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of establishment of the zone of benefit. 13. In the case of a planned bridge facility, the payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area of benefit or is an addition to an existing bridge facility serving such area at the time of establishment of the zone of benefit. No fees contributed shall be expended to LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 103

104 reimburse the cost of construction of any bridge existing at the time of establishment of the zone of benefit. H. A planned bridge facility fund shall be established for a bridge project within an area of benefit, or if the area of benefit is one in which more than one (1) bridge is required to be constructed, a fund shall be established covering all such bridge projects. Fees paid pursuant to this section on account of a bridge or bridges within an area of benefit shall be deposited into the fund for such area. I. A planned major thoroughfare fund shall be established for each planned major thoroughfare project and each particular area of benefit which it benefits. Fees paid pursuant to this section on account of a major thoroughfare project within an area of benefit shall be deposited into the fund for such area. J. Moneys in each such fund shall be expended therefrom solely for the construction of the improvement project serving the area to be benefitted as follows: 1. To reimburse the County for costs advanced or incurred by it for construction of such improvement project or any portion thereof; and 2. To reimburse any subdivider for the agreed portion of his costs of construction of such improvement project, or portion thereof, in accordance with a reimbursement agreement entered into with the County, as mentioned in Section D. In case there are insufficient moneys in such fund for all of the purposes mentioned in this section, such moneys in the fund shall be apportioned pro rata to each such purpose. K. After completion of all bridge facility projects for which a planned bridge facility fund has been established or all major thoroughfare projects for which a planned major thoroughfare fund has been established, or in event of abandonment of any such project, and after reimbursement of the County and each subdivider entitled thereto under a reimbursement agreement, as mentioned in Section D, the Board of Supervisors shall determine by resolution the amount of the surplus, if any, remaining in any such funds or as may accumulate in such funds from time to time. The Board shall order any such surplus refunded as follows: 1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular area of benefit. For the purposes of this paragraph, the term "property for which a fee was previously collected" shall be deemed to include land within any subdivision with respect to which such fees were paid as a condition to its approval and any building with respect to which such fees were paid as a condition to issuing a building permit therefore. For purposes of this paragraph, the term "fee collected" shall include, in the case of a subdivider who has entered into a reimbursement agreement with the County, the aggregate amount of cash fees and the value of the consideration in lieu of fees furnished by such subdivider. 2. Where property for which a fee was previously collected has subsequently been subdivided into more than one (1) lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 104

105 in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected. 3. There shall be transferred to the County General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two (2) years from the date of adoption of the resolution declaring a surplus. For the purposes of this paragraph, the term "fee collected" or any variation thereof, shall also be deemed to include the amount of fees that would have been payable by a subdivider but for furnishing consideration in lieu of fees. L. The Board of Supervisors may authorize advancement of money from the County General Fund or from the Road Fund to pay the cost of constructing any bridge project or major thoroughfare project and may reimburse such fund or funds for such advances from the planned bridge facility fund or the planned major thoroughfare fund established to finance the construction of such improvements. M. Nothing in this section shall be deemed to preclude the County from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to an area of benefit. N. Nothing in this section shall be deemed to preclude the subdivider from volunteering to construct a bridge or major thoroughfare or part thereof, or to contribute to the cost thereof, in excess of the cost of a local facility, nor to preclude the County from participating in such construction or carrying out such construction using money so contributed PLANNED DRAINAGE AND SEWER FACILITIES A. General Authority The Board of Supervisors or the Director of Engineering and Survey Services Department, as appropriate, shall require payment of fees for purposes of defraying the costs of constructing planned drainage facilities and sewers if any part of the subdivision is located within a Planned Drainage Area or Planned Sewer Area as shown in Appendix D. Fees required pursuant to this section shall be paid consistent with the provisions of Section of the California Government Code. B. Applicability This title shall apply to those tentative tract maps, parcel maps, or parcel map waivers covering property located within a planned drainage or sewer area filed thirty (30) days or more after the effective date of the particular ordinances imposing the requirement for payment of fee and making reference to the drainage or sewer plans adopted in the respective planned drainage or sewer areas. C. Requirements Fees in the amount shown in this chapter shall be paid to the Director of the Engineering and Survey Services Department prior to the final approval of any final tract map, parcel map, or recorded Certificates of Compliance covering property located within a planned drainage or LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 105

106 sewer area pursuant to the Subdivision Map Act (Government Code Section et seq.), except as otherwise provided in Sections E and F of this title. D. Planned Local Drainage or Sewer Facilities Funds Such fees shall be deposited in the appropriate Aplanned local drainage or sewer facilities established for each planned drainage or sewer area created under Sections I through M of this title. E. Parcel Maps C Allocated Fee In the case of a parcel map, the subdivider shall have the option of having the drainage fees mentioned in Sections C and D of this title allocated among the respective lots shown on the parcel map in proportion to their size (hereinafter referred to as Aallocated fee@), and having payment of this allocated fee deferred until, and become due and payable on, whichever of the following events shall first occur: (i) issuance of a permit for grading such lot; (ii) issuance of a permit for a main building (as defined in the County Code of Building Regulations) on such lot; or (iii) issuance of a permit for installation of a mobilehome (not including a temporary installation during construction of a main building) on such lot. 1. A subdivider of a parcel map or parcel map waiver wishing to exercise the option mentioned above in this section shall, prior to final approval of the parcel map, file with the Director of the Engineering and Survey Services Department an agreement signed and acknowledged by each record owner of the land in the parcel map, consenting to and agreeing to be bound by each pertinent provision of this section, in form prescribed by the County Counsel. 2. The Director of the Engineering and Survey Services Department shall file such agreement for record in the Office of the County Recorder. 3. Such agreement shall create a lien in favor of the County upon the respective lots shown on such parcel map to secure payment of the allocated fee(s) due on each such lot, and any interest thereon. 4. If such allocated fee is not paid on the date on which it is due and payable, it shall become a tax lien upon the property and subject to the same penalties and interest as general taxes. 5. With respect to any lot as to which the fees have been allocated and deferred under the option and agreement mentioned in this section, no grading permit, nor permit for a main building, nor permit for installation of a mobilehome (not including a temporary installation during construction of a main building) on such lot shall be issued, unless and until any allocated fee on such lot and interest accumulated thereon is fully paid. 6. In case the allocated fee is not paid prior to issuance of any permit mentioned in Subsection E.5 of this section, the County Counsel shall bring an action for recovery of such allocated fee and accumulated interest and enforcement of the lien on such lot. The Board of Supervisors may file the lien as a tax lien. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 106

107 7. On payment of the allocated fee on any such lot, and all interest accumulated thereon, the Director of the Engineering and Survey Services Department shall execute, and file for record in the Office of the County Recorder, a release of said lien on such lot. 8. Parcels created by subdivision which have an existing main building shall not be allowed to defer planned drainage area fees. F. Planned Drainage Facility Exempt Projects The fees specific in this section shall not apply to the following: 1. Any project creating a condominium, as defined in Section 783 of the Civil Code, out of an existing multiple-family dwelling structure on which a notice of occupancy was issued prior to the effective date of the ordinance establishing the planned drainage area within which the structure is located. 2. Any project that does not significantly increase runoff and that subdivides an existing parcel or parcels having adequate drainage facilities constructed prior to the effective date of the ordinance establishing the planned drainage area within which the project is located. G. Fee Reductions 1. The per-acre planned drainage area fee otherwise required by this chapter shall be reduced, using the following equation, to a percentage of the original otherwise applicable fee for parcels with zoned development densities less than four (4) dwelling units per acre. % of fees due = [0.15 x % impervious surface of parcel] If the subdivider installs planned drainage facilities, fees shall be reduced equivalent to the estimated construction value of the planned drainage area facilities installed, as based upon the construction cost estimate used for the establishment of the planned drainage area fee. H. Use of Fees Said fees shall be used by the County of Kern for the construction of drainage or sewer facilities in the particular planned drainage area or planned sewer area for which they were collected or for the reimbursement of the cost of such facilities. I. Shalimar Planned Drainage Area 1. The amount of one thousand six hundred eighty-nine dollars and fifty cents ($1,689.50) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through F of this chapter for the construction of planned drainage facilities in the Shalimar planned drainage area, pursuant to the drainage plan adopted by the Board of Supervisors on March 15, The Shalimar planned local drainage facilities fund is established. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 107

108 J. Brundage Lane (Oswell) Planned Drainage Area 1. The amount of one thousand thirty-seven dollars ($1,037.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through F of this title for the construction of planned drainage facilities in the Brundage Lane (Oswell) planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on October 4, The Brundage Lane (Oswell) planned local drainage facilities fund is established. K. Orangewood Planned Drainage Area 1. The amount of one thousand nine hundred thirty-five dollars ($1,935.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through F of this chapter for the construction of planned drainage facilities in the Orangewood planned drainage area, pursuant to the drainage plan adopted by the Board of Supervisors on May 30, The Orangewood planned local drainage facilities fund is established. L. Breckenridge Planned Drainage Area 1. The amount of one thousand eight hundred ninety-six dollars ($1,896.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through F of this title for the construction of planned drainage facilities in the Breckenridge planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on August 8, The Breckenridge planned local drainage facilities fund is established. M. Oildale Planned Drainage Area 1. The amount of two thousand five hundred forty dollars ($2,540.00) per acre shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through F of this chapter for the construction of planned drainage facilities in the Oildale planned drainage area pursuant to the drainage plan adopted by the Board of Supervisors on May 29, The Oildale planned local drainage facilities fund is established. N. Bakersfield City Service Area No. 1 Planned Sewer Area 1. The amount of one thousand three hundred thirty-four dollars ($1,334.00) for the County trunk line fee, per equivalent single-family dwelling (ESFD) for lots less than three (3) gross acres shall be paid to the Clerk of the Board of Supervisors or the advisory agency as provided in Sections C through D of this chapter for the construction of planned sewer facilities in the Bakersfield City Service Area No. 1 planned sewer area pursuant to the sewer plan adopted by the Board of Supervisors on December 12, The trunk line fee shall be increased annually by LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 108

109 the Consumer Price Index to adjust for inflation as approved and adopted by the Board of Supervisors resolution of capital improvement plan. The ESFD for residential, commercial, and industrial properties shall be on a basis as determined by anticipated flows based upon Kern County Development Standards. All applicable surcharges and fees based upon flow characteristics or quantity particular to the use of the property and duly adopted by Bakersfield City Council shall apply and be payable at building permit. 2. The Bakersfield City Service Area No. 1 planned sewer area facilities fund is established RAILROAD AND GRADE CROSSING If the question of railway crossings is involved, the Board of Supervisors or the Planning Director, as appropriate, shall consider the plan of the subdivision in its relation to the probability of grade separation or other treatment of such crossings, and shall require such provisions in the design of the subdivision as will prevent interference with future grade separation or such other treatment. If a grade separation is identified in the Circulation Element of the General Plan, the subdivider shall dedicate or make an irrevocable offer for dedication the rights-of-way required for this improvement. In addition, all requirements of the Public Utilities Commission for the State of California shall be followed with regard to required dedications PARK LAND DEDICATION A. General This section is enacted pursuant to the authority granted by the Subdivision Map Act of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the General Plan, the Recreational Element of the General Plan, and any park plans adopted by any of the park districts in the County. B. Requirements As a condition of approval of a final tract map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, consistent with the provisions of Section of the California Government Code, or both, at the option of the County, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. C. General Standard It is hereby found and determined that the two and one-half (2 1/2) acres of property for each one thousand (1,000) persons residing within the County or two and one-half (2 1/2) acres of property for each one thousand (1,000) persons residing in the Metropolitan Bakersfield 2010 General Plan area or as otherwise provided in D.2 below to best serve the public interest, convenience, health, welfare, and safety. D. Standards and Formula for Dedication of Land 1. Where a park or recreational facility has been designated in the General Plan or adopted park plan of a park district and is to be located in whole or in part within the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 109

110 proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula: Average Number of Persons/DU x DU x 2 1/2 = Acreage 1,000 DU means residential dwelling unit. Unless there is evidence to the contrary, federal census tract averages for the tract within which the proposed subdivision lines will be used for determining the average number of persons per dwelling unit. If insufficient data exists from census tract information, then an average of one (1) person per bedroom will be assumed. 2. If the board of a park district and the Board of Supervisors has adopted a standard and/or formula that differs from Section , then that formula shall be used for determining the amount of land to be dedicated for local park purposes. E. Formula for Fees in Lieu of Land Dedication 1. General Formula If there is no park or recreational facility designated in the General Plan or district park plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section D above and in an amount determined in accordance with the provisions of Section G, the fee to be used for a local park which will serve the residents of the area being subdivided. 2. Fees in Lieu of Land - Fifty (50) or Fewer Lots or Dwelling Units If the proposed subdivision contains fifty (50) or fewer lots or if a condominium project, stock cooperative, or community apartment project contains fifty (50) or fewer dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section D and in an amount determined in accordance with the provisions of Section G. 3. Use of Money The money collected shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the County or appropriate park district deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 110

111 F. Criteria for Requiring Both Dedication and Fee In a tract of over fifty (50) lots or in a condominium project, stock cooperative, or community apartment project with over fifty (50) dwelling units, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan or district master park and recreation plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section G shall be paid for any additional land that would have been required to be dedicated pursuant to Section D. 2. When a major part of the local park or recreational site has already been acquired by the County or park district and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated and a fee, computed according to Section G shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section D. The fee shall be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. G. Amount of Fee in Lieu of Park Land Dedication When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the land being subdivided or the fair market value of the land which would otherwise be required to be dedicated according to Section D. The fair market value shall be as determined by the Kern County Assessor's Office at the time of final tract map approval. If the subdivider objects to the fair market value determination, the subdivider may request the County to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County and the subdivider, which appraisal will be considered by the County in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider. H. Determination of Land or Fee Land dedication, or payment of a fee in lieu of, or a combination of both, shall be determined by consideration of the following: 1. The Kern County General Plan or local park district master plan; 2. Topography, geology, access, and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 4. Feasibility of dedication; 5. Availability of previously acquired park property; and LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 111

112 6. Population density of the project. The determination by the County as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive. I. Credit for Private Recreation or Open Space If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees of dedication of land required by this section. Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, , , and 11004, respectively, of the California Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the Board of Supervisors, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. J. Procedure At the time of approval of the tentative tract map or parcel map, the Parks and Recreation Department or appropriate recreation district shall determine whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The recommendation and action of the Parks and Recreation Department or appropriate recreation district shall include the following: 1. The amount of land required; or 2. That a fee be charged in lieu of land; or 3. That land and a fee be required; and/or 4. That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.; 5. The location of the park land to be dedicated or use of in-lieu fees; 6. The approximate time when development of the park or recreation facility shall commence. At the time of the filing of the final tract map, the subdivider shall dedicate the land and/or pay the fee as determined by the County, consistent with the provisions of Section of the California Government Code. Open space covenants for private park or recreational facilities shall be submitted to the County prior to approval of the final tract map and shall be recorded concurrently with the final tract map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 112

113 K. Commencement of Development At the time of approval of the final tract map or parcel map, the County or appropriate recreation district shall have adopted a schedule specifying how, when, and where it will use the land or fees or both to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. L. Exemptions RESERVATIONS The provisions of this chapter do not apply to commercial or industrial subdivisions, condominium projects, or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. A. As a condition of approval of a tentative tract map or parcel map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this section. B. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan, the General Plan or a recreation district's master park and recreation plan, the subdivider may be required by the County to reserve sites as determined by the County in accordance with the goals, policies, and standards contained in the specific plan, General Plan, and master park and recreation plan, as applicable. The reserved area must be of such size and shape to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The reserved area shall conform to the adopted specific plan, General Plan, and master park and recreation plan, as applicable, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. The public agency for whose benefit an area has been reserved shall, at the time of recordation of the final tract map or final parcel map, commence proceedings to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement. D. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. E. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 113

114 C H A P T E R SUBDIVISION IMPROVEMENTS SECTIONS: PURPOSE GENERAL POLICY IMPROVEMENTS REQUIRED DEFERRED IMPROVEMENTS DESIGN IMPROVEMENT PLANS IMPROVEMENT COMPLETION AGREEMENTS AGREEMENT FOR MAINTENANCE OF COMPLETED IMPROVEMENT WORK IMPROVEMENT SECURITY INSPECTION MONUMENTATION AGREEMENT COMPLETION OF IMPROVEMENTS ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SECURITY PURPOSE The purpose of this chapter is to describe the improvements required as well as improvement plans, agreements, security, construction, and inspection related to the division of land. This chapter sets forth actions required of a subdivider prior to the recordation of a final tract or parcel map GENERAL POLICY A. The subdivider shall construct all required improvements both on and off site according to the Kern County Development Standards. B. No final tract map shall be presented to the Board or final parcel map to the Planning Director for approval until the subdivider either completes the required improvements, with the agreement for guarantee of improvements constructed or furnished prior to recordation of the final tract or parcel map, or enters into an agreement with the County agreeing to do such work. In the case where the improvement work is completed and accepted prior to recordation and the work is of a minor nature, as determined by the Director of Engineering and Survey Services, the requirement for entering into an agreement for guarantee of improvements constructed or furnished prior to recordation may be waived by the Director of Engineering and Survey Services. C. All improvements as may be required as conditions of approval of the tentative map or County ordinance, together with, but not limited to, the improvements specified in Section shall be required of all subdivisions. D. Phased improvements, based on parcel size and in accordance with Appendix B, are permitted. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 114

115 E. Requirements for construction of on-site and off-site improvements for subdivisions of four (4) or fewer parcels shall be noted on the final parcel map, and the subdivision improvement agreement shall be executed prior to the recordation of the final parcel map. In setting forth this requirement, the Board of Supervisors hereby finds that when construction of on-site and off-site improvements are required for subdivision of four (4) or fewer parcels, the construction is deemed a necessary prerequisite to the orderly development of the surrounding area. F. Completion of improvements shall be in accordance with Section IMPROVEMENTS REQUIRED A. Street and Highway Improvements 1. The subdivider shall improve all streets, highways, alleys, public ways, and easements as follows: a. All street improvements shall be made in accordance with the Kern County Development Standards, which may require the removal and/or reconstruction of existing nonengineered roads. b. The location, type, character, and dimensions of all structures and grades of work shall be subject to approval by the Engineering and Survey Services Department. c. All required road improvements shall be subject to inspection and approval by the Director of Engineering and Survey Services or appropriate public entity. d. Except as otherwise expressly provided, the alignment criteria for all roads shall be in accordance with the Kern County Development Standards. e. In those cases where approved plans and profiles are required, the same shall be filed with the Roads Department and the Engineering and Survey Services Department and approved by both departments. f. All required road improvements shall be located within road easements which conform to the requirements of this chapter. g. For Type C subdivisions, the Director of Engineering and Survey Services and Fire Chief are authorized to allow maximum grades in excess of that specified for short distances, by limited exception. h. Street and highway improvements shall conform to the following standards; (if a conflict arises in determining the "type" of subdivision, the higher "type" improvement shall be applicable): (1) Type A Subdivisions (a) Type A subdivisions will be required in the following circumstances: LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 115

116 (i) Divisions of land located entirely or partially within the boundaries of any map contained in Appendix A, where any parcel to be created is less than twenty (20) gross acres in size. 1. When creating less than five (5) parcels, in situations where a development variation is approved to delete the requirement to construct off-site road improvements, where on-site road improvements will still be required, the subdivider may be given the option to construct an equivalent amount of paving that connects onto the closest publicly maintained paved road in lieu of constructing on-site frontage improvements when authorized by the Kern County Roads Department. (ii) (iii) (iv) (v) All multifamily residential, commercial, or industrial development, except as otherwise provided in Chapter of the Kern County Zoning Ordinance. All other divisions of land which do not qualify as Type B or Type C subdivisions. Any division of land which would otherwise qualify as Type B or Type C subdivisions, but which the subdivider, at his/her option, elects to use Type A improvements. Any division of land located entirely or partially within the boundaries of an adopted specific plan requiring Type A improvements. (b) Street improvement standards for Type A subdivisions shall be in accordance with the Kern County Development Standards. (2) Type B Subdivisions (a) Type B subdivisions will be required in the following circumstances: (i) Divisions of land involving five (5) or more parcels and located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is less than twenty (20) gross acres in size. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 116

117 (ii) (iii) (iv) (v) Divisions of land located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is one-half (1/2) net acre (twenty-one thousand seven hundred and eighty (21,780) square feet) or less in size. Any division of land located entirely or partially within the boundaries of an adopted specific plan requiring Type B improvements. Divisions of land involving five (5) or more parcels where the parcels to be created are twenty (20) acres or greater in size, are zoned NR (20), E (20), or A, and are not subject to a Williamson Act Land Use Contract or Farmland Security Zone Act Land Use Contract. Divisions of land into less than five (5) lots located entirely or partially within the boundaries of any map contained in Appendix C, where any parcel to be created is five (5) gross acres or less in size. 1. In situations where a development variation is approved to delete the requirement to construct off-site road improvements, where on-site road improvements will still be required, the subdivider may be given the option to construct an equivalent amount of paving that connects onto the closest publicly maintained paved road in lieu of constructing on-site frontage improvements when authorized by the Kern County Roads Department. (b) Street improvement standards for Type B subdivisions shall be in accordance with the Kern County Development Standards. (3) Type C Subdivisions (a) Type C subdivisions will be required in the following circumstances: (i) Divisions of land where each parcel created is twenty (20) gross acres or larger, except where: the proposed parcels comply with Section A.1.h(2) LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 117

118 the site, or any portion, thereof, is located within the boundaries of the maps contained in Appendix A; and the land use zoning of the site allows a minimum lot size less than twenty (20) acres; and the land use designation shown on the General Plan or applicable Specific Plan allows a zone classification where the minimum lot size is less than twenty (20) acres; then the subdivision shall be in accordance with Type A improvements for parcel sizes less than twenty (20) acres as shown in Appendix B. (ii) Divisions of land located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is greater than onehalf (1/2) net acre (twenty-one thousand seven hundred and eighty (21,780) square feet) or more in size. (b) Street improvement standards for Type C subdivisions are as follows: (i) (ii) (iii) (iv) (v) Roads shall be graded to a minimum width of twenty (20) feet. Maximum grade of roads shall be fifteen percent (15%). Roads shall be traversable by a standard passenger car. Road surfacing is not generally required, except as may be required by the Air Pollution Control Districts, Zoning Ordinance, or the applicable adopted General or Specific Plan. Plans and profiles are not required. (c) As an alternative to Section A.1.h(3)(b), roads may be designed utilizing the requirements of the Uniform Fire Code upon approval of a limited exception, as noted in the Development Standards, by the Fire Chief. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 118

119 (d) The subdivider shall make all road improvements necessary to meet the standards in Section A.1.h. (4) Private Streets (a) (b) (c) (d) A development variation may be approved to allow private local streets within a development. For divisions of land involving five (5) or more parcels, the minimum width of a private local street shall be forty (40) feet. For divisions of land involving four (4) or fewer parcels, the minimum width of a private local street shall be twenty (20) feet, unless a greater width is specified by the Kern County Fire Department. Street improvements shall conform to the requirements of Section A.1.h, unless a development variation is approved. (5) Road Surfacing for Private Streets and Public Access Easements - Parcel Maps Approved for Properties Located Within the A (Exclusive Agriculture) District (a) For parcel maps creating more than five (5) lots on property not restricted by a Williamson Act Land Use Contract, internal and perimeter roads shall be surfaced with two (2) inches of A/C over compacted native ground or material of higher quality. Alternatively, paved surfacing consisting of two (2) inches of recycled asphalt or similar material over compacted native ground, which is compacted and sealed, may satisfy this requirement. 2. Dead-End Streets a. Wherever a dead-end street more than one hundred and fifty (150) feet long, as measured from the centerline of the nearest intersection, is permitted, a "turnaround" shall be constructed in accordance with the Kern County Development Standards. If the "turnaround" is outside the subdivision boundary, an easement therefore shall be offered for dedication to the County, and if Type A improvements are required and drainage is not affected, construction of curbs, gutters, and sidewalks shall not be required. b. When an existing dead-end street with an existing "turnaround" is extended, the developer constructing the new street shall perform all work necessary to eliminate the existing "turnaround." 3. Street Adjacent Railroad LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 119

120 Where the subdivision is adjacent to a railroad right-of-way and topography permits, highways in the same direction as the railroad shall be adjacent to and as nearly parallel to such railroad right-of-way as practicable. 4. Street Railroad Crossing If a street crosses railroad tracks, the subdivider shall pay all costs of construction and costs of protection devices as may be required by the County and/or the California Public Utilities Commission, except for any portion required by the California Public Utilities Commission to be paid by the railroad company. 5. Access Roads a. Each parcel created by any subdivision subject to this chapter shall be connected by means of an approved access road or roads to a public highway which is maintained by the County or other public entity or government agency. b. The Planning Director may approve or require such additional access roads as may be needed for emergency purposes and for safe and adequate circulation within the subdivision. c. Access roads shall be topographically feasible for travel by standard passenger cars and shall be made and kept open, clear, and free from obstructions, buildings or structures of any kind, as determined by the Planning Director. The minimum travel way width shall be twenty (20) feet if it serves more than one (1) parcel or twelve (12) feet if it serves no more than one (1) parcel. d. Turnouts shall be required on all access roads in hazardous fire areas of Kern County where deemed necessary by the Fire Chief. e. Access roads shall be improved in accordance with the Kern County Development Standards. f. Required access shall be over public roads, provided that the Planning Director or the Board of Supervisors, as appropriate, may grant a variation authorizing access over a private road or over a road dedicated to a semipublic use by way of a dedication made for the exclusive use and benefit of all properties located within the subdivision or within a public district. g. Except where access can be provided over an existing public road, access roads shall be dedicated or offered for dedication. h. On-site access roads shall have a minimum easement width of sixty (60) feet, except in the case where the road is along the boundary, it shall be a minimum width of forty (40) feet for local streets, forty-five (45) feet for secondary (collector) highways, and fifty-five (55) feet for major (arterial) highways, unless it is determined by the Director of the Engineering and Survey Services Department and/or Roads Department that a greater width is LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 120

121 needed to provide for traffic circulation, or the boundary street is bordered by land that cannot or is not likely to be developed (existing schools, major utility rights-of-way, existing parks, etc.). i. For parcel maps, off-site access roads shall have a minimum easement width of forty (40) feet, except where a previously approved access road exists at a lesser width or along a major or secondary highway alignment where appropriate half-street easements shall be provided. If off-site improvements are required for a residential parcel map, said improvements shall consist of a part-width local street constructed from the project to the nearest County-maintained streets or highways and with a width not less than forty (40) feet. j. For tract maps, off-site access shall have a minimum width of sixty (60) feet, except where located along a major or secondary highway alignment where the appropriate minimum half-width easement shall be required. k. Frontage roads shall be connected to local streets, major highways, and secondary highways in accordance with the Kern County Development Standards. l. One-foot nonaccess strips shall be provided when a half-width or part-width street dedication where stub streets in excess of one hundred fifty (150) feet are provided in a Type A or Type B subdivision abuts undeveloped land. However, this requirement may, after consultation with the Roads Department, be waived by the Director of the Engineering and Survey Services Department and the Director of the Planning Department upon a determination that the zoning requirements of said abutting undeveloped land will ensure completion of the road once the property is developed. m. Cul-de-sac and bulb dedication and design shall be in accordance with the Kern County Development Standards. n. Intersection design shall be in accordance with the Kern County Development Standards. 6. Removal of Obstructions a. All obstructions shall be removed from the streets, roadways, or rights-of-way dedicated in the final map of a subdivision or which are deeded to the County in connection therewith which, in the determination of the Engineering and Survey Services Department and/or the Roads Department, interfere with the use thereof or constitute a dangerous or hazardous condition to the traveling public. b. All obstructions shall be removed which are located within existing County, State, or city streets or roadways lying immediately adjacent to streets, roadways, or rights-of-way which are dedicated in the final map or which are dedicated or deeded by the subdivider to the County in connection therewith and which obstructions, in the determination of the Engineering and Survey Services Department and/or Roads Department, interfere with the use of said LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 121

122 B. Water Supply existing County, State, or city streets or roadways, or constitute a dangerous or hazardous condition to the traveling public. c. Said obstructions shall be relocated without expense to the County to such locations as specified by the Engineering and Survey Services Department and/or Roads Department or in the improvement plans for the subdivision. As used in this section, obstructions shall include, but shall not be limited to, structures, power poles, telephone or other communication poles, and appurtenances, pipelines, conduits, canals, and/or their rights-of-way and easements. d. It shall be the responsibility of the subdivider to contact the utility companies or other owners of said obstructions to advise them of proposed improvement, and make direct arrangements for the relocation of and compensation for the cost of relocating any conflicting obstructions. Evidence of such completed arrangements shall be presented by the subdivider to the Engineering and Survey Services Department prior to the final approval of the improvement plans by the County. e. Removal of obstructions shall include, but is not limited to, the Quitclaim or Subordination of Rights to the County by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of the road right-of-way. Where major facilities exist, a Common Use Agreement may be allowed when determined necessary by the Director of Engineering and Survey Services. f. All easements which affect the intended and/or permitted use of a lot or parcel shall be quitclaimed, abandoned, or relocated prior to recordation of any final map. 1. The subdivider shall install a water system for the land division, where a final map is required, together with such equipment, pipelines, and facilities as may be necessary to ensure the land division with a minimum supply of water for domestic and fire protection purposes. However, in the instances where the parcels being created will be served by individual on-site water wells, it is not necessary that said wells be constructed prior to recordation of the final map; except as otherwise required by the Environmental Health Services Department. 2. The water distribution system shall be designed in accordance with standards for the design and construction of water systems adopted by the Board of Supervisors. 3. The minimum supply of water which shall be required for the land division under Section B.1 shall be in accordance with the standards adopted by the Board of Supervisors. 4. If any part of the land division is located within or partially within a Type A improvement area, and if any parcel created by the subdivision is less than two and one-half (2 1/2) acres gross area, a domestic water supply and distribution system LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 122

123 shall be furnished and constructed, subject to the Kern County Development Standards, to serve all lots in the subdivision. 5. Construction plans for such water supply and distribution system shall be supplied by the subdivider and shall be approved by the Engineering and Survey Services Department, the Environmental Health Services Department, and the Fire Department, consistent with the Kern County Development Standards. C. Sanitary Sewers 1. Where a proposed subdivision creates parcels of less than or equal to three (3) acres and is located within two hundred (200) feet of a sanitary sewer system, or where otherwise required by an adopted general or specific plan, all of the lots within the subdivision shall be connected to the sanitary sewer system upon the following conditions: a. The existing or proposed wastewater treatment plant for the system has or will provide the capacity to serve the subdivision. b. The legal entity in charge of the sanitary sewer system has agreed to furnish its sewerage facilities to the subdivision, and annexation to the corporate limits of a city is not a condition of providing such service. c. Connection to the sanitary sewer system is technically and economically feasible, as determined by the Engineering and Survey Services Department. In any case, the subdivider shall provide sanitary sewer facilities for the subdivision under such circumstances as they are necessary in the opinion of the Kern County Environmental Health Services Department. The sewage collection and treatment system shall be designed by the subdivider's civil engineer, and shall be approved by the Engineering and Survey Services Department and the civil engineer for the entity responsible for the operation and maintenance of the system. 2. Dry sewer collection systems shall be installed when required by an adopted general or specific plan. 3. Septic monitoring shall be by means of the formation or annexation to a public entity when required by the Director of the Engineering and Survey Services Department and the Environmental Health Services Director. D. Grading, Drainage, Flood Protection, and Erosion Control 1. The subdivider shall be required to make those improvements deemed necessary by the Director of the Engineering and Survey Services Department for proper grading of the land within the subdivision, drainage, flood protection, and erosion control, including the prevention of sedimentation or other damage to property or improvements within or outside the subdivision. 2. The subdivider shall be required to obtain or provide land dedication or easements on land within or outside the subdivision as deemed necessary by the Director of the Engineering and Survey Services Department for improvements, access, and flowage LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 123

124 ways. Dedications and/or easements on land outside the subdivision shall be obtained in accordance with the provisions of the Subdivision Map Act. 3. Grading shall be subject to the Kern County Grading Ordinance and shall be subject to the inspection and approval of the Engineering and Survey Services Department 4. All drainage improvements shall be subject to inspection and approval by the Engineering and Survey Services Department. E. Fire Protection Facilities Requirement Fire protection facilities shall be installed in all subdivisions in accordance with the standards for fire protection facilities in Kern County adopted by the Board of Supervisors. Additional requirements, including, but not limited to, lot and block design and road improvements, may be imposed by the Kern County Fire Department to achieve compliance with Public Resources Code 4290, Title 14, California Code of Regulations (State Response Areas). F. Other Improvements and Design Features If any parcel created by the subdivision has an area of less than two and one-half (2 1/2) gross acres, the subdivider may be required to make such other improvements and incorporate design features into the subdivision which are consistent with those in other subdivisions and land developments in the vicinity of the subdivision, as deemed necessary by the Planning Director. G. Solid Waste For those subdivisions not located within the vicinity of an adequate existing solid waste disposal site, the subdivider shall provide a means satisfactory to the Waste Management Department and Environmental Health Services Department for the disposal of solid waste from the subdivision DEFERRED IMPROVEMENTS Improvements required for the recordation of a final parcel map may be deferred upon approval of a variation request by the Planning Director, upon a finding that the following conditions exist: A. The property to be subdivided has no established use; and B. The zoning district which is applicable to the property requires similar improvements or improvements of a higher standard at such time that a use is established; and C. If the variation is approved, the Planning Director shall require a notation to be placed on the parcel map that states the types of improvements that have been deferred, when the improvements will be required, and who will review and approve said improvements. D. Deferrals of road improvements to commercial and industrial parcel maps shall be limited to the consideration of the deferral of curb, gutter, and sidewalks, where required. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 124

125 DESIGN A. General Design Criteria The design and layout of each subdivision shall conform to the California Subdivision Map Act, to all of the elements of the Kern County General Plan, including, but not limited to, the Open Space Element and any applicable specific plan or official and specific plan lines. B. Streets and Highways 1. The following standards, together with the provisions of the Kern County Development Standards, are minimum requirements of this title. All roads shall be designed to allow for safe traffic movement, and higher standards may be required where reasonably necessary for such purpose. a. Major highway rights-of-way shall not be less than one hundred and ten (110) feet in width. b. Secondary (collector) highway rights-of-way shall not be less than ninety (90) feet in width. c. Local street rights-of-way shall not be less than sixty (60) feet in width. d. Specific or official plan lines shall be the minimum width as specified by the applicable plan. e. State highways shall be the minimum width as specified by the California Department of Transportation and/or the Circulation Element of the General Plan. f. Where a street is on the boundary of a subdivision or a development, a part-width street of fifty-five (55) feet for a major highway, forty-five (45) feet for a secondary (collector) highway, or forty (40) feet for a local road is permitted, except as may be required pursuant to Section A.5.h. Part-width street improvement requirements will require that portions of the road be constructed as an off-site improvement, in which case the subdivider must acquire the additional off-site dedication as required. For Type C subdivisions, where a local street is on the boundary, the width may be reduced to thirty (30) feet. A dedication of access rights shall be made by the subdivider along such boundary when located in a Type A or Type B subdivision. g. Frontage road right-of-way widths shall be a minimum of forty-four (44) feet, which may be reduced to forty-two (42) feet in commercial or industrial areas if approved by the Directors of the Engineering and Survey Services Department and Roads Department.. h. Streets (other than major highways) proposed for predominately industrial areas which will be used for heavy truck traffic or truck parking may be constructed according to Type A secondary highway width and standards with approval of the Engineering and Survey Services Director, Roads LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 125

126 C. Street Access Director, and the Planning Director. Cul-de-sacs shall have a minimum property line radius of seventy-five (75) feet. In other instances, subdivisions zoned for commercial or industrial purposes shall be improved to local street commercial standards. i. If roadway turnouts are required within State Response Areas, said turnouts shall be a minimum of ten (10) feet in width and thirty (30) feet in length, with a minimum twenty-five (25) foot taper on each end; or as approved by the Kern County Fire Department. j. Dead-end roads shall comply with the following criteria: 1. Access to Lots (1) The maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of the number of parcels served: Parcels zoned for less than one acre 800 feet Parcels zoned for 1 acre to 4.99 acres 1,320 feet Parcels zoned for 5 acres to acres 2,640 feet Parcels zoned for 20 acres or larger 5,280 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allowable length shall apply. (2) Each dead-end road shall have a turnaround constructed at its terminus. (3) In State Response areas where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of one thousand three hundred and twenty (1,320) foot intervals, unless otherwise approved by the Kern County Fire Department. a. Each lot shall have frontage on a public street or public access easement, except as provided in Section C.1.h. b. The primary means of vehicular access to each lot shall be by means of direct physical connection to the street which fronts upon the lot. The feasibility of such primary means of access must be demonstrated as provided in this section. c. If access to the street which fronts upon the lot is prevented by a legal limitation imposed or approved by the County or State, such primary means LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 126

127 2. Alleys of access may be a connection to any street adjacent to the lot, notwithstanding the provisions of Section C.1.b. d. If required due to topographic or other constraints, in conjunction with the design and approval of any tentative subdivision map, the subdivider shall demonstrate, by means of a lot use feasibility study, that prospective building sites and driveway locations are both feasible and probable and in conformity with the requirements of this title and other applicable ordinances and regulations of the County, including, but not limited to, the Uniform Fire Code. e. Driveway improvements located on a lot, and not within a public right-of-way, shall be subject to the requirements of the Uniform Fire Code, the Uniform Building Code, and the Zoning Ordinance. f. Driveway improvements located within a public right-of-way shall be subject to the Kern County Development Standards, Standards for Streets, and the reasonable requirements of the Engineering and Survey Services Department and Roads Department. g. This section shall not be construed as requiring that a driveway constructed subsequent to the improvement work of the subdivision must be located in the manner demonstrated by the subdivider under Section C.1.d; provided, however, that it shall be subject to the Uniform Fire Code, the Uniform Building Code, and the Zoning Ordinance provisions relating to driveways. h. Upon approval of a variation, lots within a subdivision may have frontage on a private street which is an integral part of the overall design and use of the improvements, which shall be designed and improved according to the standards in this title, unless otherwise allowed by variation. i. Type A or Type B subdivisions shall not be designed with single-family residential lots or parcels fronting on a major or secondary (collector) highway except as follows: (1) The subdivision is designed so that all lots or parcels will obtain access from a local street, access rights to the major or secondary (collector) highway are relinquished, and a vehicular access control wall or fence, as approved by the Planning Director, is constructed; or (2) A frontage road is provided. a. If required by the Fire Department or other County agency, an alley at least thirty (30) feet wide or other approved access shall be provided for any lot proposed to be used for multifamily residential, commercial, or industrial purposes. In all cases, whether an alley is proposed or not, a plan of LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 127

128 development shall be filed with the tentative map showing the method of circulation for service vehicles. b. Where two alleys intersect, the corner cutoff at intersections shall be a twenty- (20-) foot by twenty- (20-) foot cut off. c. Alleys shall not be included in any single-family residential land division unless required to conform to existing adjacent uses. d. Alleys are not permitted in Type B or Type C areas. Approval may be granted to allow alleys contrary to this paragraph by the joint action of the Planning Director, the Fire Chief, and the Directors of the Engineering and Survey Services, and Roads Departments. D. Blocks The following standards apply to Type A and Type B subdivision types: 1. Block lengths shall not exceed one thousand three hundred and twenty (1,320) feet, provided that approval may be granted by limited design variation by the Planning Director or the Director of Engineering and Survey Services where such lengths are precluded by existing adjacent development, canals, drainage channels, railroad rights-of-way, topographic features, or other similar obstructions. Prior to the approval of a limited design variation, the Roads Department shall be consulted. 2. The width of each block shall be sufficient to allow for two (2) tiers of lots except where through or double-frontage lots are permitted. 3. Pedestrian easements shall be provided when required by the Board of Supervisors or the Planning Director, as appropriate, where such easements are necessary to provide access to schools, parks, playgrounds, shopping centers, transportation facilities, or other public use facilities. The Board of Supervisors or the Planning Director, as appropriate, may require such easements to be appropriately landscaped and lighted, and the design of each pedestrian easement shall be approved by the Planning Director and the Director of Engineering and Survey Services. E. Block Corner Treatment All property line corner at intersection for land division shall be a minimum of the long chord of a twenty- (20-) foot radius curve, unless an alternate treatment is approved by the Directors of Engineering and Survey Services and the Roads Department. F. Lots and Parcels 1. a. Interior and key lots in the R-1 (Low-density Residential), R-2 (Medium-density Residential), and R-3 (High-density Residential) Districts shall have a minimum width of fifty-five (55) feet and a minimum depth of one hundred (100) feet, except as required by Section F.1.c. Every corner lot shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet. Lot widths shall be measured at the building setback line, except as noted in Section F.2 LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 128

129 b. Every interior and key lot in all other zone districts shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet; every corner lot shall have a minimum width of sixty-five (65) feet and a minimum depth of one hundred (100) feet. Lot widths shall be measured at the building setback line except as noted in Section F.2. c. The lot widths and depths established by this ordinance are minimums subject to the review and recommendation of the Planning Director. The Advisory Agency or governing body may require a greater width and/or depth if it finds that the character of the surrounding existing or proposed lots warrants such an increase for compatibility or buffering of land uses. 2. Lots fronting on a cul-de-sac or knuckle shall have a minimum frontage of thirty (30) feet measured at the street right-of-way line, except in the case of a flag or panhandle lot where frontage may be reduced to a minimum of twenty (20) feet. 3. Where practicable, lot depths shall not exceed three (3) times the proposed lot width except where existing topography makes such dimensions infeasible and a limited design variation is approved. 4. No lot in a Type A or Type B subdivision shall have double frontage except where otherwise permitted by this chapter or necessitated by topography or approved as a limited design variation. When double-frontage lots are necessitated by topography, the dedications of vehicular access along one (1) of the streets shall be required. 5. The side lines of lots shall be at right angles or radial to the street upon which the lots face whenever practicable. 6. Key lots (reverse corners) may be provided only when other means of lot design are not available. 7. Flag lots (panhandle lots) may be approved, subject to the following requirements: a. The maximum length of the flag or panhandle lot shall be two hundred (200) feet, provided that by joint approval the Planning Director and the Fire Chief may grant a limited design variation allowing a maximum length of not more than two hundred (200) feet. The minimum length of the flag or panhandle shall be one hundred (100) feet. b. Each flag or panhandle lot shall be not less than twenty (20) feet wide or the minimum width required for vehicular access under the Uniform Fire Code, whichever is greater. c. The grade along the flag or panhandle lot shall not exceed the maximum grade provided for vehicular access under the Uniform Fire Code. d. In conjunction with the design and approval of the tentative map, the subdivider shall demonstrate to the satisfaction of the Planning Director that such flag or panhandle lot can provide a primary means of vehicular access in the manner provided in Section C.1.d. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 129

130 e. Additional fire hydrants may be required on or near such lots by the Fire Chief. G. Lot Sizes and Related Design and Improvement Requirements 1. Minimum lot sizes shall conform to the General Plan, including, but not limited to, the Open Space Element and any applicable specific plan. 2. Minimum lot sizes shall conform to the Zoning Ordinance in effect at the time of approval of the final map. 3. Minimum lot sizes shall, in any case, be subject to any more stringent requirements of the Kern County Development Standards, Environmental Health Services Department Standards, or as the Health Officer may be empowered to impose under any statute, administrative regulation, or County ordinance with respect to lot size. 4. The panhandle portion of a lot shall not be counted in determining the net area of a lot under the provisions of this section. 5. Greenbelts, when prepared as a part of a tentative map that is located within a State Response Area, shall be strategically located to serve as a separation between wildland fuels and structures; as approved by the Kern County Fire Department. H. Watercourses 1. In accordance with Sections through , inclusive, and Section of the California Government Code, if the subdivision is to front upon a public waterway, river, or stream, as defined in Section (c), access routes and easements along the bank shall be provided as follows: a. The subdivision shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of such river or stream bordering or lying within the proposed subdivision, as determined by the Planning Director in accordance with Section and Section of the California Government Code; and b. The subdivision shall provide for a dedication of a public easement along a portion of the bank of such river or stream bordering or lying within the proposed subdivision, as determined by the Board of Supervisors in accordance with Section and Section of the California Government Code; and c. The Planning Director shall determine the governmental entity to which such access route or easement shall be dedicated, and all dedications shall be in accordance with Section of the California Government Code. 2. In accordance with Section of the California Government Code, if the subdivision is to front upon any lake or reservoir which is owned in part or entirely by any public agency, including, but not limited to, the United States, State of California, or the County of Kern, the subdivision shall be provided with or have LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 130

131 available reasonable access by fee or easement from public highways to the water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision, as determined by the Board of Supervisors or the Planning Director, as appropriate, in accordance with said statute. The Planning Director shall determine the governmental entity to which such dedication shall be made. 3. In the event a subdivision is traversed by a river, stream, or creek, the subdivider shall leave such river, stream, or creek in its natural condition whenever practical. Sufficient right-of-way shall be dedicated to the County or other public entity as necessary to accommodate flows of water that would be generated by a base flood. In the event a subdivision is to front upon a river, stream, or creek, the provisions of this paragraph shall apply to that portion of the bank thereof bordering or lying within the proposed subdivision. The Planning Director shall determine the governmental entity to which such dedication shall be made. I. Subdivision Design 1. Where the keeping of equine animals is proposed as a use within a development, the subdivider shall provide adequate equestrian trails as an integral part of the development, and prior to approval of the final map, a means shall be provided for maintenance of any such ways and trails, as approved by the Planning Director; provided that a development variation may be granted by the Advisory Agency for the deletion of equestrian trails where such trails are precluded by location and design of the proposed subdivision. 2. Within a development of urban density, as defined by the General Plan, the subdivider is encouraged to provide pedestrian ways, when appropriate, and shall provide bikeways as required by the Bikeways Element of the General Plan as an integral part of the development, and in such cases, prior to approval of the final map, a means shall be provided for the maintenance of any such ways, as approved by the Planning Director and the Director of Engineering and Survey Services. Design of bikeways and pedestrian ways shall be in accordance with the California Department of Transportation standards or an applicable Specific Plan. A limited design variation to delete pedestrian ways or bikeways may be considered by the Advisory Agency after consultation with the Roads Department. 3. The subdivider shall provide public utility easements as may be required for the various concerned utility companies or districts, as determined by the Board of Supervisors or the Planning Director, as appropriate. 4. All new utility services shall be placed underground for all Type A subdivisions creating five (5) or more lots or as required by a Specific Plan and/or mitigation measure. Underground utility construction shall be in accordance with the provisions of Public Utility Commission General Order 95. Any aboveground cabinets or facilities shall be screened in a manner approved by the Director of the Kern County Planning Department. Any aboveground cabinets or facilities located within the road right-of-way shall be permitted only upon approval by the Director of the Kern County Engineering and Survey Services Department. Compliance with this requirement may result in the need to create public utility easements outside of the right-ofway. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 131

132 5. The Planning Director, the Director of Engineering and Survey Services, or the Board of Supervisors may, in consultation with the Roads Department, require dedication of nonaccess strips and/or waiver of vehicular access rights, wherever necessary, to regulate access and control future development. 6. Six- (6-) foot-high solid masonry walls shall be constructed in accordance with the Kern County Development Standards for tracts as follows: a. On all major (arterial) highway frontages for tracts with lot or parcel sizes of less than two and one-half (2 1/2) acres and located within a Type A subdivision. b. On all secondary (collector) highway frontages for tracts with lot sizes of less than two and one-half (2 1/2) acres, located within a Type A subdivision, and where relinquishment of access rights are required. c. On all rear and side property lines of tracts zoned for single-family residential purposes that are contiguous to property zoned for multifamily, commercial or industrial purposes, unless a development variation to allow alternative fencing is approved by the Planning Commission. d. As recommended by the Subdivision Review Committee and approved by the Planning Commission. 7. Six-(6-) foot-high solid wooden fencing shall be constructed on all rear and interior-side property lines of all lots within proposed tracts that are located on the periphery of the tract and which abut property located outside the tract boundary which is located in an R-1, E (1/4), or E (1/2) District, except as otherwise provided in this title. 8. Fences or walls for parcel maps shall be as required by the Zoning Ordinance and/or the Planning Director. 9. Fences and walls constructed in accordance with the Kern County Development Standards may be located one (1) foot within the road right-of-way. Fences and walls which do not conform to the Kern County Development Standards shall be permitted if located outside the road right-of-way and if a maintenance entity is established for the continual maintenance of the fence or wall. 10. Street lighting will be installed and a means shall be provided for contracting for public utility services as a condition of approval of all Type A final tract map subdivisions, commercial and industrial subdivisions, and other type subdivisions as required by the Planning Director, in consultation with the Engineering and Survey Services and Roads Departments. The lighting must meet the minimum maintained levels as recommended by the respective public utility servicing the area being developed. The lighting design must be based upon the illumination levels as required by the utility providing service. Maintenance of street lighting shall be by an existing entity or by formation of an entity, as approved by the Director of Engineering and Survey Services. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 132

133 11. Street sweeping shall be provided as a condition of approval for all Type A final tract map subdivisions, commercial and industrial subdivisions (including industrial subdivisions with private streets), and other type subdivisions as required by the Director of Engineering and Survey Services Department. Street sweeping services shall be accomplished through an existing entity or by formation of a new entity, as approved by the Director of Engineering and Survey Services Department. 12. Landscaping shall be required adjacent to highway frontage in accordance with the Kern County Development Standards for tracts as follows: J. Street Names and Signs a. Within the Metropolitan Bakersfield General Plan area, landscaping of street frontages adjacent to major (arterial) and secondary (collector) highways shall be dedicated, installed, and maintained as follows: (1) Major (arterial) highways shall have an average minimum width of ten (10) feet. A minimum of one (1) tree per forty (40) linear feet shall be installed and maintained. Dedication shall be as detailed in the Kern County Development Standards. (2) Secondary (collector) highways shall have an average minimum width of eight (8) feet. A minimum of one (1) tree per forty (40) linear feet shall be installed and maintained. Dedication shall be as detailed in Kern County Development Standards. (3) Maintenance shall be through annexation to an existing County Service Area (CSA) or by formation of a new CSA or similar entity as approved by the Director of the Engineering and Survey Services Department. b. In conformance with the requirements of any adopted Specific Plan. c. Where landscaping is required, landscaping shall be provided between the sidewalk and the adjacent property line and as may be specified in the Kern County Development Standards. 1. Major (arterial) and secondary (collector) roadways connecting communities shall be designated by one (1) of the following terms: a. Road (rural) b. Boulevard (urban) 2. Local streets shall be designated by one (1) of the following terms: a. Street (north-south) b. Avenue (east-west) c. Drive (meandering) LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 133

134 d. Lane (meandering) e. Circle (looping) f. Loop (looping) 3. Streets with limited local traffic shall be designated by one (1) of the following terms: a. Way (short connecting streets) b. Place (cul-de-sac) c. Court (cul-de-sac) d. Square (cul-de-sac) 4. Other designations, including the Spanish designations (i.e., Plaza, Paseo, Avenida, Camino, Calle, etc.), may be used upon approval from the Planning Director. 5. All streets on the same alignment shall bear the same name where practical. 6. When so required by the Planning Director, street names with numerical designation shall be spelled out (i.e., Twenty-third Street). 7. All suffix designations shall be spelled out in full on the final map. 8. Street signs shall be provided for all subdivisions in accordance with the Kern County Development Standards IMPROVEMENT PLANS A. General B. Form Improvement plans shall be prepared under the direction of and shall be signed, sealed, and dated by a registered civil engineer licensed by the State of California. Improvement plans shall include, but not be limited to, storm drains, streets, drainage plans, water systems, sewer systems, and related facilities. Landscape plans shall be submitted when required. The Engineering and Survey Services Department will, along with other departments, review and approve all improvement plans with the final approval provided by the Director of Engineering and Survey Services. The following specifications are intended to serve as a guideline for improvement plans. Regardless of the form, all improvement plans shall be legibly drawn. 1. Plans, profiles, and details shall be legibly drawn and either printed or reproduced by a process approved by the Director of the Engineering and Survey Services Department, guaranteeing a permanent record in black on polyester-based film (four (4) mil minimum) or tracing paper (twenty (20) pound weight basis minimum). If LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 134

135 ink is used on polyester-based film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be twenty-four (24) by thirty-six (36) inch sheets. A border shall be made on each sheet providing one-half (1/2) inch at top, bottom, and right side and one and one-half (1 1/2) inches on the left side. 2. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the Director of Engineering and Survey Services and for approval of plan revisions. 3. Plan and profiles shall be drawn to the scale of one (1) inch equals fifty (50) feet (1" = 50') or larger unless approved by the Director of Engineering and Survey Services. Details shall be drawn to a scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet. 4. A vicinity map shall be shown on the first sheet of all sets of plans. 5. A north arrow shall be shown on each sheet when applicable. 6. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the Director of Engineering and Survey Services. 7. All lettering shall be a minimum one-tenth (1/10th) 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 inches. 8. If the plans include three (3) or more sheets, a key map showing the streets, lots, easements, storm drains, index, and vicinity map shall be included. 9. In instances where uncertainty exists, the final form of all plans shall be approved by the Director of Engineering and Survey Services. C. Contents The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas, and shall be submitted with the appropriate fees. Improvement plans shall not be reviewed until the Engineering and Survey Services Department has determined that the submittal is complete. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 135

136 D. Supplementary Plans and Calculations Hydrology, hydraulic plans and calculations, paving design, feasibility studies, water system calculations, bond estimates, and any structural calculations, as may be required, shall be submitted with the improvement plans to the Director of Engineering and Survey Services. All calculations shall be legible, systematic, and signed, sealed, and dated by a registered civil engineer licensed by the State of California and in a form approved by the Director of Engineering and Survey Services. E. Benchmark Information Two (2) complete sets of benchmark information (used and set), tied to County datum, shall be submitted with improvement plans. F. Review by the Engineering and Survey Services Director The subdivider shall submit the improvement plans, all computations, and appropriate improvement plan checking fees to the Director of Engineering and Survey Services for review. Upon completion of the review, one (1) set of the preliminary plans with the required revisions indicated will be returned to the subdivider's engineer. G. Approval by the Engineering and Survey Services Director 1. After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the Director of Engineering and Survey Services for signature. 2. Upon finding that all required revisions have been made and that the plans conform to all applicable County ordinances standards, and conditions of approval of the tentative map, the Director of Engineering and Survey Services shall sign and date the plans. Where improvements to existing or proposed County-maintained roads are required, the plans shall also be signed by the Director of the Roads Department. 3. Approval of the improvement plans shall not be construed as approval of the grading, street lighting, telephone, cable television, gas, electric service, or other utility plans. 4. Approval by the Director of Engineering and Survey Services shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map. H. Revisions to Approved Plans 1. By Subdivider Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Director of Engineering and Survey Services or authorized representative, shall be accompanied by revised cronars of the original drawings showing the proposed revision, and shall be signed, sealed, and dated by the subdivider's engineer. If the revision is acceptable, the revised cronars shall be submitted, with appropriate fees, LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 136

137 to the Director of Engineering and Survey Services for approval. Construction related to revised improvement plans will not be permitted to commence until such plans have been approved by the Director of Engineering and Survey Services. 2. By the Engineering and Survey Services Director a. When revisions are deemed necessary by the Director of Engineering and Survey Services to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals signed, sealed, and dated, with appropriate fees, to the Director of Engineering and Survey Services for approval within the time specified by the Director of Engineering and Survey Services. b. If revisions are deemed necessary by the Director of Engineering and Survey Services, construction of all or any portion of the improvements may be stopped until revised drawings have been submitted. c. The subdivider may appeal revisions required by the Director to the Board of Supervisors by filing an appeal with the Clerk of the Board following receipt of the request to revise the plans. I. Plan Checking and Inspection Costs for Revisions Fees for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be established by resolution of the Board of Supervisors. The fees shall be submitted, with revised tracings, prior to the approval of the revision by the Director of Engineering and Survey Services. Where minor changes are proposed by the subdivider, the Director of Engineering and Survey Services may approve the requested minor change, in a form approved by the Director, and allow the change to be shown on the "record" drawings when the project is completed in conformance with Section D IMPROVEMENT COMPLETION AGREEMENTS A. Completion Agreement Required 1. The subdivider shall enter into an agreement for completion of improvement work, to be effective concurrently with approval of the final map by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, which shall require faithful, proper, and full completion of all improvement work, required to be done under the provisions of this title, within one (1) year from the date of such approval of the final map, or within such extension of time as may be authorized under Sections and of this title. The subdivider shall furnish improvement securities and insurance certificates. The final map shall not be approved until such documents have been filed with the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, and are in proper form and fully executed. 2. The Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, shall have discretion to require each completion agreement to contain provisions, in addition to those mentioned in this title, as it may deem to be in the LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 137

138 public interest, for the proper protection of the County, its governing board, officers, employees and agents, and necessary for the prompt and faithful completion of such improvement work. 3. The form of completion agreements, securities, and related documents shall be subject to approval by the County Counsel. 4. The provisions contained in completion agreements shall conform substantially to the applicable provisions of this title. 5. The subdivider's surety shall endorse its consent on the completion agreement; provided, however, that failure of the surety to do so shall not affect the validity of such agreement nor the validity of the security. 6. No limitation upon the liability of a corporate surety shall be construed as a limitation on the liability of the subdivider. 7. The liability of the subdivider shall not be deemed limited to the amount of the improvement security in any case. B. Exceptions 1. This section does not apply to work which has been completed, approved, and secured in conformity with Section of this title. C. Contents of the Completion Agreement 1. Specifications All detailed specifications, plans, profiles, and general conditions as may be required by this title and the Kern County Development Standards, and as may otherwise be necessary for the improvement work to be completed shall be attached to and made a part of the completion agreement and shall be prepared at the expense of the subdivider. 2. Maintenance of Improvements Pending Acceptance or Approval The subdivider shall maintain all of the improvement work and shall repair or replace any improvement work which may deteriorate or be damaged or destroyed from any cause, subject to release from such obligation by acceptance of such work. The subdivider shall so covenant in the completion agreement. 3. Repair of Damage by Subdivider to Accepted Work The subdivider shall repair or replace any damage to any of the work which has been accepted or approved by the Board of Supervisors as may be caused by any other work undertaken by the subdivider or his surety. The subdivider shall so covenant in the completion agreement. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 138

139 4. Guarantee Against Defects With respect to improvement work which has been accepted or approved by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, the subdivider shall guarantee and maintain the same against any defective work or labor done, or defective materials furnished, in the performance of the completion agreement within one (l) year after the operative date of acceptance or approval of such work by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. The subdivider shall, within fourteen (14) days of receiving a notice of defect, correct, repair, or replace any and all such defects on demand. The subdivider shall so covenant in the completion agreement. 5. Provisions Not Limitation on Liability None of the provisions of Sections C.2 through C.4, inclusive, nor any related covenant in the completion agreement, shall be construed as limiting the scope or extent or any liability of the subdivider under the law for any willful or negligent act or omission of the subdivider, his contractors, agents, or employees. 6. Covenant for Drainage Facility Completion With respect to drainage facilities, the Board of Supervisors is empowered to require the subdivider to covenant in the completion agreement to carry out any changes or alteration in the design of construction thereof as may appear necessary to the Board to protect life or property at any time prior to acceptance of approval thereof. 7. Limited Changes may be Required With respect to improvement work, including drainage facilities, that may not have been subject to an express agreement, the subdivider shall agree to carry out changes or alterations in the design or construction thereof as may appear necessary to the Board of Supervisors for the accomplishment of the purposes of this title and the Kern County Development Standards. The net aggregate cost of such changes or alterations shall not exceed ten percent (10%) of the original estimated overall cost of the improvements described in the improvement agreement. Changes in cost shall take into account the aggregate of additive and deductive changes, and exclude such changes or alterations as may be required under any express agreement. D. Changes Requested by Subdivider 1. The subdivider shall not change or alter the design, specifications, or mode of accomplishment of the improvement work as provided in said agreement, except as authorized by order of the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. 2. If any such change or alteration requested by the subdivider shall cause the estimated cost of all work to be done to exceed the liability of his/her surety or security, such security shall be commensurately increased. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 139

140 E. Increase in Liability on Security Relative to Changes or Alterations 1. With respect to such changes or alterations as may be approved by a corporate surety, the amount of its liability on the bond to secure faithful performance shall be deemed increased by the amount of the cost thereof, and the bond shall so provide. 2. With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of its liability on the bond to secure faithful performance shall be deemed increased by the amount of the cost thereof, subject to the limitations in Section F, and the bond shall so provide. 3. The liability of a corporate surety shall be deemed increased in an amount which is that proportion of the respective amount of increase due to changes or alterations as the original security for payments bears to the original amount of the security for faithful performance, subject to the limitations described in Section F, and the bond shall so provide. 4. If the improvement security is in a form other than a corporate surety bond, the subdivider shall increase the amount of such security in accordance with Sections E.2 and E.3 as a condition to authorization of any such change or alteration. 5. If a corporate surety bond lacks any or all of the provisions described in this section, the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, shall require the bond to be amended to so provide, or the amount of the bond to be increased, or additional security to be furnished by the subdivider in conformity with this section, as a condition of authorization of any such change or alteration. F. Limitation on Liability of Corporate Surety Relative to Changes or Alterations not Approved by Surety With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of increase in its liability under its improvement security for faithful performance and for security for payments to contractors shall not exceed in the aggregate ten percent (10%) of the original amount of such security as fixed by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, in any case taking into account both additive and deductive changes and excluding such changes or alterations as may be requested by the subdivider and expressly approved by the surety. G. Failure to Timely Complete Work or Covenants 1. If the subdivider or his/her surety shall fail to complete the improvement work or perform his/her covenants faithfully, properly, and in full accordance with the completion agreement, all within one (1) year from the date of approval of the final map by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, or within any extension of time as may be authorized, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance. If the improvement security is in form other than a corporate surety bond, the County shall be entitled to draw against such security. In either case, action by the County shall be without any prior notice and without LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 140

141 prejudice to any other remedy the County may have in the premises at law or in equity, including, but not limited to, the option to cause the work to be completed or to cause any covenant to be performed under any other applicable provisions of this title. 2. If the Board of Supervisors determines that any one of the following circumstances exists, the Board shall be entitled to give the subdivider or his/her surety fourteen (14) days written notice to begin the work or perform such covenant and/or to diligently and continuously perform such work or covenant: a. That the subdivider has failed or neglected to begin the work or any feature of the work within a time which will reasonably allow its completion within the time (or any valid extension of time) provided in the agreement; b. That the subdivider has abandoned any of the work; c. That the subdivider has failed to keep the work under direct control of a superintendent, manager, engineer, or other competent agent; d. That the subdivider (if he/she shall be an individual person) has been declared incompetent, placed under the care of a guardian or conservator, has disappeared, or is deceased; e. That the subdivider has filed a petition in bankruptcy or has been declared bankrupt; f. That the subdivider has failed or neglected to timely perform any of his/her covenants in the agreement; g. That there are any other circumstances showing that the County is not reasonably secure in the proper and timely performance of such agreement or any covenant therein. 3. If the subdivider or his/her surety shall fail to perform within such fourteen (14) day period, the County shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance. If the improvement security for faithful performance is in a form other than corporate surety bond, the County shall be entitled to draw against such security. Without any additional notice and without any prejudice to any other remedy the County may have in the premises, either at law or in equity, including, but not confined to, the option to cause the work to be completed as provided in Section H or to cause any covenant to be performed under any other applicable provisions of this title. H. Option of County to Cause Work to be Done or Covenants Performed 1. In any event mentioned in Section G, the County shall be entitled, at its option and in the discretion of the Board of Supervisors, to cause all or any part of the improvement work to be done and/or to cause all or any covenants of the subdivider to be performed, in accordance with the agreement and the specifications therein, for the account and at the expense of the subdivider and his/her surety. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 141

142 2. If the County shall so elect to cause all or any part of the improvement work to be done, it shall also be entitled, at its option and in the discretion of the Board of Supervisors, to perform all or any of the covenants of the subdivider for the account and at the expense of the subdivider and his/her surety, without any additional notice. 3. In so doing, the County may cause such work to be done or such covenants to be performed by independent contractors, by County officers and employees, or by the services of any public agency, or public utility company, or by any combination thereof. 4. In so doing, the County may cause any necessary additional planning to be done or specifications to be prepared and may procure or provide such equipment, fuel, materials, labor, supervision, inspection, and expert assistance, insurance and bonds, as may appear reasonably necessary to properly accomplish such work, or the performance of such covenants. 5. In so doing, the County shall be entitled to use, at its option, any equipment, fuel, materials, or other property of the subdivider as may be upon the site for the purposes mentioned in this section, but shall not be limited thereto. 6. The subdivider and his/her surety shall be liable to the County and shall pay County on demand for all expenses incurred by the County in the respects mentioned in this section, including a reasonable amount for the administrative expenses incurred by the County. The maximum liability of the surety in such case shall not exceed the amount of its bond, and any increase thereof under other provisions of this chapter, and such other sums as the surety may be required to pay under the express provisions of the bond. If any suit be brought by the County for recovery from the subdivider of any expenses incurred by the County under this chapter, the subdivider shall pay to the County such reasonable attorney's fees as the court may determine, in addition to costs of suit. 7. The County shall not be required to cause any such work to be done or any such covenant to be performed, to be entitled to recover or have the amount of the faithful performance security. 8. The County shall not be prejudiced with respect to any remedy it may have in the premises, including, but not limited to, its right to recover or have the amount of the faithful performance security, by virtue of its right to cause such work or performing all or any part of such covenant, or by not causing it to be done, or by undertaking to do so and terminating its efforts for whatever cause. 9. The subdivider shall agree to indemnify and defend the County and its governing board, officers, and employees from every liability, claim, or demand which may arise in connection with the subdivider's performance of improvement work of any damage to any property. The subdivider's surety shall not be deemed liable under this section, unless and to the extent the surety shall undertake the improvement work. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 142

143 I. Insurance 1. The subdivider shall agree to secure, maintain, and timely pay all premiums on, and cause its contractors and subcontractors to secure, maintain, and timely pay all premiums on, Workers' Compensation Insurance as required by the California Labor Code and amendments thereto, at all times until their respective work is completed, and furnish to County satisfactory evidence thereof on request. 2. The subdivider shall agree to secure, maintain, and timely pay all premiums on a policy or policies of commercial general liability insurance in the amounts, and with the coverage and endorsements set forth below, in form and with insurance companies satisfactory to the Director of Engineering and Survey Services and County Counsel, by the terms of which the named insured and additional insureds are indemnified against liability for any bodily injury or death of any person, or any damage to or loss of any property sustained by any person, firm or corporation, and for which the subdivider is legally liable. 3. Said policy or policies shall contain provisions or endorsements as follows: a. Including the County, its governing board, officers, employees, and agents as additional insureds. b. Providing commercial general (blanket contractual) liability coverage for the subdivider's indemnity obligations for personal injury or death of any person, or for any damage to or loss of property, and for which the subdivider is legally liable. c. Providing commercial general (broad form property damage) liability coverage, including, but not confined to, damage caused by blasting, collapse, structural injuries, and to underground utilities. Such policy or endorsement shall not contain the so-called "x," "c," or "u" exclusions. d. Providing coverage of the subdivider's products and completed operations. e. Providing "cross liability" coverage as provided under Standard ISO forms' separation of insureds clause or commercial general liability insurance ("severability of interest") coverage for all said additional insureds. f. Providing that any other insurance maintained by the County, its governing board, officers, employees, or agents is excess and not contributing insurance with respect to the insurance carried by the subdivider. g. Providing that the coverage afforded said additional insureds shall not be prejudiced by any failure of the subdivider or any other person to comply with any notice requirements of such policy. h. Providing that such policy may not be canceled nor may the coverage thereof be reduced, nor may any provision or endorsement thereof be amended or revised in any manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days after written notice thereof has been delivered to the Director of Engineering and Survey Services. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 143

144 4. The subdivider shall maintain the insurance coverage required in this section and pay all premiums promptly when due, at all times until expiration of one (1) year after all improvement work mentioned in the agreement has been accepted or approved. 5. Prior to, or concurrently with, the filing of the final map with the County Surveyor for approval, the subdivider shall file with the County Surveyor an approved certificate of insurance showing the insurance coverage required under this section. 6. Within thirty (30) days after approval of the final map, the subdivider shall file the following with the County Surveyor: a. A true copy, certified by the insurance carrier of said policy (or policies) and all endorsement thereon, showing the insurance coverage required under this section; and b. A true copy of a receipt showing payment of all premiums on such policy or policies. 7. At all times during which the subdivider is required to maintain insurance coverage under this section, there shall be filed with the County Surveyor promptly after issuance, a true copy, certified by the insurance carrier, of: a. Any endorsement of certificate showing renewal of any policy or policies required under this section; or b. Any policy which renews or replaces any such policy with all endorsements thereon. The filing of any such policy, endorsement, or certificate shall not be deemed to excuse the carrier from furnishing any notices required in Section I.3.h. The subdivider shall also promptly file with the County Surveyor a true copy of the receipt showing payment of all premiums due on account of any such renewal or replacement. 8. If at any time during which the subdivider is required to maintain insurance coverage under this section, the subdivider or his/her surety shall fail to maintain the insurance coverage so required, or to promptly pay all premiums thereon when due, or if any policy or policies so required is cancelled or if the coverage therein is reduced or any provision or endorsement therein is amended or revised in any manner detrimental to the interest of said additional insureds, the County shall be entitled to make written demand upon the subdivider for payment of such delinquent premium or replacement of such policy or coverage, provision, or endorsement, as the case may be, and if such default is not cured within seven (7) days from the date of such demand, the County shall be authorized, at its option exercised by and in the discretion of the Board of Supervisors, to pay all or part of such delinquent premium or to obtain a replacement policy, coverage, provision, or endorsement, as the case may be, similar to that required by this section, provided that by so doing it shall have no obligation to obtain coverage for the subdivider or his/her surety, except at its option; and upon demand the subdivider and his/her surety, jointly and severally, shall be obligated to and shall reimburse the County for any premiums incurred by the County in any such respect. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 144

145 9. The aggregate limits of said liability policy shall be set by resolution of the Board of Supervisors. 10. The Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, is authorized to provide in any completion agreement for other or additional coverage or endorsements as it may determine to be in the public interest, or for the proper protection of the County, its governing board, officers, employees, or agents, provided that such coverage or endorsement is generally available to persons doing similar improvement work from insurance companies admitted under the laws of California. 11. The Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, is authorized to provide in any completion agreement, or to amend any completion agreement, to provide for modification or deletion of coverage or endorsements in connection with required insurance coverage, if the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, determines that such coverage or endorsement is not generally available to persons doing similar improvement work from insurance companies admitted under the laws of California. Insurance coverage shall not be required in those instances where all of the required improvement work has been completed and accepted by the County and a maintenance agreement provided. J. Completion Agreement for Work to be Done After Certification or Waiver of Parcel Map 1. In Case of Waiver of Parcel Map In cases where the requirement for filing a parcel map is waived, unless all of the improvements required as a condition of such waiver have been constructed and approved, the Planning Director shall not issue a certificate of compliance and no certificate of compliance or other evidence of waiver shall be filed for record, until the improvement agreement and the improvement security have been approved and accepted as provided in this chapter. 2. General Requirements of Agreement With respect to any required improvements which have not been constructed and approved, the subdivider shall enter into an agreement with the County requiring faithful, proper, and full completion of all improvement work required to be done as a condition of approval of the tentative parcel map or waiver of parcel map, as the case may be, within a period of one (1) year from the effective date of such agreement or within any approved extension of time. 3. Effective Date of Agreement The effective date of such agreement shall be the date the final parcel map is certified by the County Surveyor under Section of the California Subdivision Map Act, or the date the Planning Director issues a certificate of compliance or other recordable evidence of waiver of parcel map, as the case may be. 4. Improvement Requirements to be Noticed LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 145

146 Requirements for construction of improvements under improvement agreement, as provided in this section, shall be noticed by and referred to in a certificate on the parcel map or on the certificate of compliance or other instrument evidencing the waiver of parcel map, or by a separate instrument, and shall be recorded on, concurrently with, or prior to the parcel map or certificate of compliance or other instrument evidencing the waiver of the parcel map, as the case may be AGREEMENT FOR MAINTENANCE OF COMPLETED IMPROVEMENT WORK A. As a condition of approval of the final tract or parcel map of a subdivision in which any or all of the required improvement work has been completed and prior to release of the final tract or parcel map for recordation, the subdivider shall enter into a maintenance agreement and provide a good and sufficient Faithful Performance Security as specified by Section et seq. of the Subdivision Map Act and Section of this title, conditioned upon maintenance of such improvement work for a period of one (1) year following the completion and approval of all required improvement work against any defective work or labor done or defective materials furnished in the performance thereof, and also conditioned upon the maintenance of the work of improvement against damage thereto after its approval by any other work undertaken by the subdivider. The Board in the exercise of its reasonable discretion shall fix the amount of such security as it deems necessary. The form of all documents relating to such security shall be subject to approval by County Counsel. The said Faithful Performance Security shall be finally released one (1) year following the completion and approval of all required improvement work, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one (1) year period and reported in writing to the Board, and further provided that no damage has been done to the required improvement work after its approval by any other work undertaken by the subdivider IMPROVEMENT SECURITY A. Determination of Amount The basis for the determination of the amount of security shall be by an estimate of the total cost of improvements prepared by the subdivider's engineer and approved by the Director of Engineering and Survey Services. The security shall be of such an amount that includes, but is not limited to, costs for improvements required to satisfy the conditions of approval, details of the improvement plans, insurance, contingencies, inflation, contract administration, superintendence, additional engineering, plan revisions, other agencies inspections and bonds, utility relocation and abandonment, and construction staking. B. Time for Filing The completion agreement described in Section shall be secured by an approved good and sufficient improvement security in accordance with Sections et seq. of the California Subdivision Map Act, which shall be filed with the County Surveyor prior to, or concurrently with, the filing of the final tract map or the final parcel map. C. Security for Faithful Performance 1. Improvement security shall be provided to secure faithful performance of the completion agreement and the covenants thereof, including, but not confined to, LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 146

147 maintenance of improvements pending acceptance or approval, repair of damage to accepted work, and guarantee against defects. 2. If provided by corporate surety bond, improvement security shall be in the amount of one hundred percent (100%) of the total estimated cost of the improvement work as determined by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. All other forms of improvements security shall be in the amount of one hundred and ten percent (110%) of the total estimated cost of improvement work as determined by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. When the subdivider has completed a portion of the improvements, which have not been finally accepted or approved by the Board of Supervisors, the amount of security required for faithful performance may be reduced to allow credit for the completed, but not accepted or approved, work. When a corporate surety bond is used, the Faithful Performance Security shall be of an amount not less than one hundred percent (100%) of the estimated cost of the incomplete work plus ten percent (10%) of the estimated cost of the completed work. When other than a corporate surety bond is used, the Faithful Performance Security shall be of an amount not less than one hundred and ten percent (110%) of the estimated cost of the incomplete work plus eleven percent (11%) of the estimated cost of the completed work. D. Security for Payments of Claims (Laborers and Materialmen) 1. Security shall be provided for payment of all claims and sums mentioned in Section of the California Government Code, including costs, reasonable expenses, and fees (including reasonable attorney's fees) incurred in successfully enforcing such obligation. 2. If such security is a corporate surety bond, it shall be in the amount of fifty percent (50%) of the total estimated cost of the work, as determined by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, and the obligation to pay such costs, expenses, and fees shall be in addition to the face amount of such bond. If such security is other than a corporate surety bond, it shall be in the amount of sixty percent (60%) of the total estimated cost of the improvement work, as determined by the Board of Supervisors. The Board of Supervisors has determined that such increased amount is necessary and reasonable to secure payment of such costs, expenses, and fees. When the subdivider has completed a portion of the improvements which have not been finally accepted or approved by the Board of Supervisors, the Labor and Materialmen Security may be reduced to allow credit for the completed, but not finally accepted or approved, work. When a corporate surety bond is used, the Labor and Materialmen Security shall not be less than fifty percent (50%) of the incomplete work, and not less than sixty percent (60%) of the incomplete work when other than a corporate surety bond is used. E. If a corporate surety shall undertake all or any part of the improvement work, it shall be deemed to be subject to all of the covenants and guarantees of the subdivider as in completion agreement provided, except that the liability of the surety for faithful performance of the completion agreement shall not exceed the amount of its bond under other provisions of this chapter, and such other sums as the surety may be required to pay under the express provisions of the bond. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 147

148 F. The completion agreement may be amended by mutual agreement of the subdivider and the County, and extensions of time may be granted by the County for completion of the work or for the performance of any covenant therein or any act thereunder, and the County may waive the performance of the agreement in any respect, at any time and from time to time, without notice to or consent of the surety, and without prejudice to right of the County to recover against the surety upon the bond, all of which the surety shall authorize the County to do, subject to the provisions of this chapter respecting limitations on liability of the surety relative to changes or alterations. G. Each corporate surety bond shall contain the following provisions: 1. Neither the death, bankruptcy, nor incapacity of the subdivider, nor any sale, conveyance, assignment, or other transfer of any of the land within the subdivision or interest therein, whether voluntary, involuntary, or by operation of law, shall in any manner affect the obligations and liability of the surety under the bond. 2. If any suit be brought by the County for recovery of any sum due under a corporate bond, the surety shall pay to the County, in addition to the other obligations under the bond, such reasonable attorney's fees as the court may determine, in addition to cost of suit. 3. The place of performance of the obligations of the subdivider and his surety shall be the County of Kern, State of California. 4. Any notice required to be given to the surety may be given by personal service or by placing it in the United States mail, postage prepaid, addressed to the surety at the address set forth in its bond, or if the surety fails to set forth such address, then addressed to the surety at any of its offices. H. Letters of Credit as Improvement Security 1. A letter of credit is authorized for use as subdivision improvement security in lieu of a corporate surety bond, provided that the bank or savings and loan institution issuing same: a. Is subject to regulation by the state or federal government; b. Has offices in the State of California; c. Is a member of the Federal Deposit Insurance Corporation; and d. Has capital funds, represented by capital, surplus, and undivided profits of at least ten million dollars ($10,000,000). 2. Any security for faithful performance shall be separate in form and amount from any security for payment to contractors. 3. In accordance with Section of the California Government Code, such security shall be held by the County as a trust fund to guarantee and secure performance of the subdivider's obligations, and shall not be subject to levy or LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 148

149 attachment by any creditors of the subdivider or other depositor thereof, except when and to the extent that it is reduced or released pursuant to Section A letter of credit shall, by its terms, require payment to the County, or on its draft drawn against it, of the full amount thereof, or lesser amounts from time to time, on delivery to the issuer of a certified copy of any of the following: a. An order of the Board of Supervisors showing its determination: (1) In case of security for faithful performance, that the subdivider has failed or neglected to perform one (1) or more covenants or obligations mentioned in this chapter. (2) In case of security for payment to contractors, etc., that the subdivider has failed or neglected to pay any claim mentioned in Section of the California Government Code. b. A judgement of a court competent jurisdiction: (1) In case of security for faithful performance, for recovery by the County of damages for breach of any covenant of the subdivider in the improvement agreement. (2) In case of security for payment to contractors, or others, for recovery on any claim mentioned in Section of the California Government Code or for costs, expenses, and fees therein mentioned. c. An order of the Board of Supervisors showing its determination that the letter of credit will expire within sixty (60) days, and the subdivider has failed to furnish County with a new letter of credit, or other form of security. 5. The expiration date of a letter of credit shall not be sooner than one (1) year with a one (1) year automatic renewal from and after approval of the final map and completion agreement or approval of the maintenance agreement. 6. The subdivider shall covenant with County that he/she shall furnish a new letter of credit or other form of security at least sixty (60) days prior to expiration of the letter of credit initially furnished, in the same amount, adjusted for any increases or reductions and that, if he/she shall fail to do so, the full amount of the letter of credit shall be forthwith payable to the County, whereupon the proceeds shall be held in trust by the County for like security purposes. Any sum so paid to the County may be deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its custody, in which case the County shall be entitled to retain all interest, if any, earned thereon. 7. A letter of credit shall, by its terms, require the issuing bank or savings and loan institution to agree to pay to the County all costs and reasonable expenses and fees, including reasonable attorney fees, as may be awarded by the court, incurred by the County in successfully enforcing any obligation under it or under any draft drawn by the County on it. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 149

150 INSPECTION 8. The Board may make an order authorizing the subdivider to use several forms of security provided for this chapter or to substitute any such form of security for other security previously furnished. The form of any other type of improvement security authorized by law shall be subject to approval by County Counsel and shall contain such further appropriate provisions as may be deemed necessary by County Counsel or the Board of Supervisors. A. Improvement work which is subject to a completion agreement shall be subject to inspection and approval by the Engineering and Survey Services Department. Fees for the inspection shall be submitted before any of the improvement plans are signed by the Director of Engineering and Survey Services; said fee shall be established by resolution of the Board of Supervisors. B. Reasonable rules may be adopted by the Board of Supervisors for procedures and forms relating to inspection and approval of improvement work. Supplemental rules may also be established by the County official responsible for inspection for such work by filing such rules with the Board of Supervisors. C. The Board of Supervisors may authorize inspection and acceptance or approval in separate units, in its discretion, in the case of: 1. A distinct area of the subdivision in which all improvement features will be completed at the same time, and which area will thereafter have all required access, improvements, and services independent of any incomplete work in other areas, and which will not be subject to interference from or damage by incomplete work or the doing of any work; or 2. A distinct feature of the improvement work which will be fully completed, and which will not be subject to interference from or damage by any incomplete work or the doing of any work. 3. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. D. Certificate of Inspection 1. When all of the required improvement work or a separate unit of the work has been properly and fully completed in accordance with completion agreement, in the case where the final tract or parcel map has been recorded, and the improvement plans and conditions of approval in the case where the work has been fully completed prior to recordation, the subdivider may apply in writing for inspection thereof. With his/her application, the subdivider shall furnish as requested the following documentation: a. Acceptance letters from the water purveyor and sanitary sewer operator for whom the subdivider has furnished, constructed, and/or installed improvements. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 150

151 b. Copies of finaled, accepted, approved, or completed building permits, grading permits, and/or encroachment permits for work, facilities, and improvements the subdivider has furnished or constructed. c. In the case of final tract maps, a letter from the subdivider's engineer stating he/she has installed the temporary and permanent survey monuments and has been paid for his/her work. d. Signed, sealed, and dated record ("as-built") drawings of the improvement plans prepared by a civil engineer. The record drawings shall include all minor changes approved by the Director of Engineering and Survey Services during the course of construction. Fees for processing the record changes shall be established by resolution of the Board of Supervisors and shall be submitted with the record drawings. Once the minor changes have been placed on the tracings by the civil engineer, the civil engineer responsible for the record drawings signs, seals, and dates the drawings. 2. The responsible County official shall cause such inspection to be made within a reasonable time, and if he/she finds such work or unit thereof to have been properly and fully completed in accordance with said agreement and the rules relating to inspection, he/she shall certify such fact in writing. 3. Such certificates shall be delivered to the County Surveyor, and when he/she has received all certificates pertaining to work or such separate unit of work, he/she shall within a reasonable time deliver the same to the Clerk of the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. E. If the Board of Supervisors finds that such work or unit thereof has been faithfully, properly, and fully completed in accordance with said agreement and the rules relating to inspection, the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate, shall make an order accepting or approving the work of improvement or completed unit thereof. Such order shall be deemed operative from the time the certificate of inspection was delivered to the Clerk of the Board. F. No order accepting or approving any work shall be deemed to be an acceptance of any improvement as a part of the County road system or County drainage sump or easement, nor as acceptance of any offer of dedication, unless a resolution effectuating said acceptance has been adopted by the Board. G. In special circumstances, the Director of Engineering and Survey Services may require the subdivider to provide additional inspection of the required improvements or a portion thereof and certification of the completion of the improvements by a registered civil engineer MONUMENTATION AGREEMENT A. Agreement for Completion of Monumentation 1. Where improvement work is to be completed following approval of the final tract map or final parcel map, if monuments are required to be set, under a completion agreement, the subdivider may enter into agreement with the County to place nonpermanent and permanent monuments (excepting those required for exterior LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 151

152 boundaries of a final tract map) within a period of one (1) year from the date of approval of the final tract or parcel map or within such extension of time as may be authorized by the Board for completion of the improvement work, in lieu of the requirement relating to time of placing such monuments. 2. Such agreement shall conform to Section of the Subdivision Map Act and shall contain such other provisions as the Board may deem to be in the public interest. The form of such agreement shall be subject to approval by County Counsel. 3. The Board, in its discretion, may authorize such agreement also where improvement work has been completed prior to approval of the final tract or parcel map or where there is no requirement for a completion agreement for improvement work, in which case such agreement shall provide for placing such monuments within one (1) year from the date of approval of the final tract or parcel map. 4. The provisions of this section do not apply to permanent monuments required for the exterior boundaries of a final tract map. B. Bond or Cash Deposit to Secure Payment of Cost of Monumentation 1. Payment of the cost of proper placing of monuments pursuant to the agreement mentioned in Section A.1 shall be secured in the manner provided in this section by a deposit of cash or a corporate surety bond or other security authorized by law in such cases. 2. Such security shall be filed with the County Surveyor and shall be filed by him/her with the Clerk of the Board of Supervisors prior to approval of the final tract or parcel map. 3. The amount of such security shall be the cost of proper placing of such monuments, as estimated by the County Surveyor. 4. The instrument evidencing such security shall conform to Section et seq. of the Subdivision Map Act and shall contain such other provisions as the Board may deem to be in the public interest. The form of such instrument shall be subject to approval by County Counsel. 5. If such security is a corporate surety bond, it shall contain substantially the provisions of this chapter. 6. If such security is in the form of cash, it shall be submitted to the County Surveyor in the form of a cashier's check or certified check and, following approval of the final tract or parcel map, shall be deposited in the County Clerk's Trust Fund or such other County fund as the Board may direct. 7. Release or other disposition of such security shall be subject to Section et seq. of the Subdivision Map Act and terms of said agreement and the instrument evidencing such security, provided, however, that such security shall not be released or returned in any case until the County Surveyor has certified that all nonpermanent and permanent monuments required for the final tract or parcel map have been LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 152

153 properly placed, and that all work in connection therewith has been satisfactorily completed in accordance with applicable provisions of the statutes and this chapter and the terms of said agreement, and such certificate has been filed with the Board COMPLETION OF IMPROVEMENTS A. The Board of Supervisors, upon a showing of good cause by the subdivider, may authorize an extension of time for completion of improvement work under any agreement subject to this chapter, for a period of not more than one (1) year, or for one (1) or more additional successive periods of not more than one (1) year each; provided, however, that the aggregate of the time authorized for the completion of the improvement work shall not exceed five (5) years from the date of approval of the final tract or parcel map. B. Each such extension of time shall be subject to written agreement between the County and the subdivider. C. If the subdivider has filed a corporate surety bond to secure faithful performance, no such extension shall be granted nor be of any effect unless the surety has authorized such extension under the provisions of the bond, or shall consent to such extension of time in writing otherwise. D. As a condition of approval of any such extension of time, the Board of Supervisors may require additional improvement security, if it is determined that the security on file may be insufficient to cover the cost of completion of all improvements. E. The Board of Supervisors shall have discretion to grant such extensions of time as to certain areas of improvement features, and deny such extensions of time as to others, as may appear to be in the public interest. F. Fees for administration of extensions of time and additional inspection during the next one (1) year period shall accompany the written agreement; said fees shall be established by resolution of the Board of Supervisors ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SECURITY A. When all improvement work or portion thereof as allowed by Section C has been completed and certified in conformance with the approved plans and/or improvement agreements and this chapter, the Board of Supervisors shall consider the improvements for approval and acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. B. If the Board of Supervisors accepts and approves the completed improvements, and if on the Board of Supervisors certificate on the face of the tract map, the public improvement dedications were accepted subject to improvement, or if an irrevocable offer of dedication for public improvements accompanying a final tract or parcel map has not been accepted, then the Board of Supervisors shall, by resolution, order the public roadway improvements to be accepted, declared a public highway and incorporated into the County road system, or by resolution order the public drainage improvements to be accepted and declared a County drainage easement or County drainage sump. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 153

154 C. Where All Work Accepted or Approved 1. When the Board of Supervisors makes an order accepting or approving all of the improvement work, an order shall also be made releasing the improvement security for faithful performance, provided that such order shall contain provisions to retain security for the guarantee against defects which shall be ten percent (10%) of the amount of such lesser or greater amount as may be determined to be necessary under the circumstances, and provided further that such order shall contain provisions to retain therefrom a reasonable amount to secure performance or payment of any obligation of the subdivider arising from failure to perform any covenant. 2. When the Board of Supervisors makes an order accepting or approving all of the improvement work, the subdivider and his/her surety shall be deemed released from liability with respect to maintenance of improvements from the date such order is operative, excepting such obligations as may have accrued prior to the time such order is operative. D. Where Separate Unit of Work Accepted or Approved 1. When the Board of Supervisors makes an order accepting or approving a separate unit of the work, the improvement security for faithful performance shall be reduced in an amount commensurate with the unit of work completed and which will leave adequate security for completion of the remaining work, as determined by the Board of Supervisors, in its discretion, and for the purposes mentioned below in this section. 2. In such case, the Board of Supervisors shall order retained security for the guarantee against defects, which shall be ten percent (10%) of amount of the unit of work completed, or such lesser or greater amount as may be determined to be necessary under the circumstances. 3. In such case, the Board of Supervisors shall order retained a reasonable amount to secure repair of damage to completed work. 4. In such case, the Board of Supervisors shall order retained a reasonable amount to secure performance or payment of any obligation of the subdivider arising from failure to perform any covenant, including, but not limited to, any obligations which may have accrued. 5. When the Board of Supervisors makes an order accepting or approving a separate unit of work, the subdivider and his/her surety shall be deemed released from liability with respect to maintenance of the work so accepted or approved from the time such order is operative, excepting such obligations as may have accrued prior to the time such order is operative. E. Release of Security Retained for Guarantee Against Defects 1. Upon the expiration of one (1) year following the completion and acceptance of the work, the security retained for the guarantee against defects shall be released, provided that no defective work or labor done, or defective materials furnished in the performance of the work has been reported in writing and delivered to the Clerk of the Board of Supervisors at any time within one (1) year after the operative date of LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 154

155 acceptance or approval of such work by the Board of Supervisors or the Director of Engineering and Survey Services, as appropriate. 2. In case such security is retained on account of such defect, it shall be released when all such defects have been corrected, repaired, or replaced by the subdivider or his/her surety. F. Upon the expiration of that period of time within which claims of liens are required to be recorded pursuant to Article 3 (commencing with Section 3114 et seq.) of the Civil Code, and after the completion and acceptance of all the work of improvement, the improvement security for payment to the contractors and others may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the Board of Supervisors. In case no such action has been filed, such improvement security may be released in full. G. The Board of Supervisors may by order, from time to time, authorize the Director of Engineering and Survey Services to release or reduce any such improvement security in accordance with the provisions of this chapter and to certify such release or reduction. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 155

156 C H A P T E R PARCEL MERGERS SECTIONS: PURPOSE MERGERS NOT REQUIRED MERGERS WHEN REQUIRED NOTICE OF INTENTION TO DETERMINE STATUS HEARING OF DETERMINATION OF STATUS DETERMINATION OF MERGER DETERMINATION WHEN NO HEARING IS REQUESTED REQUEST TO MERGE BY PROPERTY OWNER UNMERGED PARCELS REQUEST FOR DETERMINATION BY OWNER PURPOSE The purpose of this chapter is to establish procedures consistent with the California Subdivision Map Act regulating the merger and unmerger of parcels MERGERS NOT REQUIRED Except as otherwise provided in this chapter, two (2) or more contiguous parcels or units of land which have been created under the provisions of this title or the California Subdivision Map Act shall not merge by virtue of the fact that the contiguous parcels or units are held by the same owner. No further proceedings under this title shall be required for the purpose of sale, lease, or financing MERGERS REQUIRED Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if they do not conform to the minimum lot size requirements under the Zoning Ordinance, and if both the following requirements are satisfied: A. At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. B. With respect to any affected parcel, one (1) or more of the following conditions exist: 1. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger; 2. Was not created in compliance with the Zoning Ordinance in effect at the time of its creation; LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 156

157 3. Does not meet current standards for sewage disposal and domestic water supply; 4. Does not meet slope stability standards; 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; 6. Its development would create health or safety hazards; or 7. Is inconsistent with the General Plan or any applicable specific plan, other than minimum lot size or density standards. C. But, with respect to the parcel, none of the following conditions exist: 1. One (1) or more of the contiguous parcels or units of land is enforceably restricted open space land by a contract, agreement, scenic restriction, or open space easement; 2. One (1) or more of the contiguous parcels or units of land is timberland or is land devoted to an agricultural use; 3. One (1) or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of the site on which an existing commercial mineral resource extraction use is being conducted whether or not the extraction is being conducted with a use permit issued by the County; or 4. One (1) or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral extraction has been issued by the County. D. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. E. Section B shall not apply if one (1) or more of the contiguous parcels or units complies with Section B NOTICE OF INTENTION TO DETERMINE STATUS The Planning Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged and the owner may request a hearing before the Planning Director to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for recording at the office of the County Recorder on the same day that the notice is mailed to the property owner HEARING ON DETERMINATION OF STATUS A. The owner of the affected property may file a written request for a hearing with the Planning Director within thirty (30) calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the Planning Director shall set a time, date, and place for LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 157

158 a hearing and notify the owner by certified mail. The hearing shall be conducted within thirty (30) calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Planning Director and the property owner. B. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of Section C. At the conclusion of the hearing, the Planning Director shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of the determination DETERMINATION OF MERGER A. If the Planning Director makes a determination that the parcels are to be merged, a determination of merger shall be recorded within thirty (30) calendar days of the mailing of the notice of the hearing to the owner. The determination of merger shall specify the name of the record owners and a description of the property. B. If the Planning Director makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be recorded and a clearance letter mailed to the owner DETERMINATION WHEN NO HEARING IS REQUESTED If the owner does not file a request for a hearing within thirty (30) days of the recording of the notice of intention to determine status, the Planning Director may, at any time, make a determination that the parcels are or are not to be merged. If they are to be merged, a determination of merger shall be recorded within ninety (90) days of the mailing of the notice of intent to determine status REQUEST TO MERGE BY PROPERTY OWNER If the merger of contiguous parcels or units is initiated by the owner or owners of record, the owner(s) may waive the right to a hearing before the Planning Director and to all notices required by this chapter. Upon signing the waiver, the Planning Director shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger simultaneously UNMERGED PARCELS Any parcel which has merged with an adjoining parcel, and for which a notice of merger has not been recorded prior to January 1, 1984, shall be unmerged if on that date: A. The parcel meets each of the following criteria: 1. Contains at least five thousand (5,000) square feet in area; 2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation; 3. Meets current standards for sewage disposal and domestic water supply; 4. Meets slope density standards; LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 158

159 5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability; 6. Its unmerger and development would create no health or safety hazards; and 7. The unmerged parcel would be consistent with the Kern County General Plan and any applicable specific plan, other than minimum lot size or density standards. B. And, with respect to the parcel, none of the following conditions exist: 1. On or before July 1, 1981, one (1) or more of the contiguous parcels or units of land is enforceably restricted open space land by a contract, agreement, scenic restriction, or open space easement; 2. On or before July 1, 1981, one (1) or more of the contiguous parcels or units of land is timberland or is land devoted to an agricultural use; 3. On or before July 1, 1981, one (1) or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of the site on which an existing commercial mineral resource extraction use is being conducted, whether or not the extraction is being conducted with a use permit issued by the County; or 4. On or before July 1, 1981, one (1) or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral extraction has been issued by the County REQUEST FOR DETERMINATION BY OWNER A. Upon written application made by the owner, the Planning Director shall make a determination that the affected parcels have merged or are to be unmerged. If the Planning Director determines that the parcels have not merged, the owner shall be so notified. B. If the Planning Director determines that the parcels have merged and that they meet the requirements for unmerger in Section , a notice of status shall be issued to the owner and recorded which shall identify each parcel and declare that they are unmerged. C. If the Planning Director determines that the parcels have merged and do not meet the requirements in Section , a notice of merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 159

160 C H A P T E R CORRECTION AND AMENDMENTS OF MAPS SECTIONS: PURPOSE REQUIREMENTS FORM AND CONTENTS SUBMITTAL AND APPROVAL BY COUNTY SURVEYOR FILING WITH THE COUNTY RECORDER PURPOSE The purpose of this chapter is to establish procedures and requirements for the correction or amendment of final tract or parcel maps REQUIREMENTS After a final tract or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map in any one (1) of the following circumstances: A. To correct an error in any course or distance shown thereon. B. To show any course or distance that was omitted therefrom. C. To correct an error in the description of the real property shown on the map. D. To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments. E. To show the proper location 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. F. 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 not be limited to, lots and numbers, acreage, street names, and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final tract or parcel map. G. To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map. The modification shall be set for public hearing before the Planning Director. The Planning Director or the Board of Supervisors shall confine the hearing to consideration of, and action on, the proposed modification. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 160

161 FORM AND CONTENTS The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Section if a final tract map, or Section if a final parcel map. The 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 SUBMITTAL AND APPROVAL BY THE 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. The County Surveyor shall examine the amending map or certificate of correction and if the only changes made are those mentioned in Section above, this fact shall be certified on the amending map or certificate of correction FILING WITH THE COUNTY RECORDER The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. The original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though upon the original map. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 161

162 C H A P T E R DEFINITIONS SECTIONS: CONSTRUCTION CONSTRUCTION For the purpose of carrying out the intent of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following sections of this chapter. In construing the provisions of this title, specific provisions shall supersede general provisions relating to the same subject, and text shall supersede diagrams relating to the same subject. Words, phrases, and terms not defined in this section shall have the meaning commonly or logically associated therewith DEFINITIONS SECTIONS: ABUT ACCESS, APPROVED ACCESS, LEGAL ACCESS, OFF-SITE ACCESS, ON-SITE ACCESS, REQUIRED ACCESS ROAD ACRE ADVISORY AGENCY ALIQUOT ALLEY AUTHORIZED REPRESENTATIVE BASE FLOOD BICYCLE TRAIL/PATH/LANE BLOCK BLOCK LENGTH BOARD OF SUPERVISORS (BOARD) BRIDGE BUILDING CENTERLINE, LEGAL CIVIL ENGINEER COMMITTEE COMMON AREA COMMON PROPERTY LINE CONDOMINIUM CONSTRUCTION CONTIGUOUS CONVERSION LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 162

163 COUNTY COUNTY OFFICIAL COUNTY SURVEYOR CUL-DE-SAC DEDICATION (OR OFFER OF DEDICATION) DENSITY DESIGN DESIGN SAMPLE DESIGNATED URBAN AREA DEVELOPMENT DEVELOPMENT STANDARDS DEVELOPMENT VARIATION PLANNING DIRECTOR DISTRICT ATTORNEY DOUBLE-FRONTAGE LOT DWELLING UNIT EASEMENT EIGHTY ACRES ENGINEERING AND SURVEY SERVICES DEPARTMENT ENGINEERING AND SURVEY SERVICES, DIRECTOR OF ENVIRONMENTAL DOCUMENT EQUESTRIAN TRAIL FENCE (OR WALL) FIRE CHIEF FIRE PROTECTION FACILITIES FINAL MAP FIVE ACRES FLOOD OR FLOODING FLOOD BOUNDARY FLOODWAY MAP (FBFM) FLOOD INSURANCE RATE MAP (FIRM) FLOODPLAIN FLOODWAY OR DESIGNATED FLOODWAY FORTY ACRES FRONTAGE ROAD GENERAL PLAN HEALTH OFFICER IMPROVEMENT LAND USE LIMITED DESIGN VARIATION LIMITED EXCEPTION LOCAL FACILITY LOT (OR PARCEL) LOT OR PARCEL AREA, GROSS LOT OR PARCEL AREA, MINIMUM LOT OR PARCEL AREA, NET LOT OR PARCEL, CORNER LOT OR PARCEL DEPTH LOT, FLAG LOT FRONTAGE LOT, INTERIOR LOT, KEY LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 163

164 LOT LINE ADJUSTMENT LOT, PANHANDLE LOT OR PARCEL LINE LOT OR PARCEL LINE, FRONT LOT OR PARCEL LINE, REAR LOT OR PARCEL LINE, SIDE LOT, REVERSED CORNER LOT, THROUGH LOT WIDTH MAJOR (ARTERIAL) HIGHWAY MAP MERGER MINOR LAND DIVISION NONCONFORMING LOT OBSTRUCTION OCCUPANCY OR OCCUPIED OFF SITE OFFICIAL PLAN LINE OPEN SPACE PARCEL PARCEL MAP PARK PEDESTRIAN WAY PERMIT PERSON PLANNING COMMISSION PLOT PLAN PRINCIPAL USE PROPERTY LINE PUBLIC HEARING RECORD DRAWINGS REMAINDER RIGHT-OF-WAY ROAD ROADS DEPARTMENT SECONDARY HIGHWAY SHERIFF SIDEWALK SOILS REPORT SPECIFIC PLAN SPECIFIC PLAN LINE START OF CONSTRUCTION STREET, CUL-DE-SAC STREET, FUTURE STREET, LOCAL STREET, LOOPED STREET, ONE-WAY STREET, PUBLIC STREET, PRIVATE STREET, STUBBED STRUCTURE LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 164

165 STUDY MAP SUBDIVIDER SUBDIVISION SUBDIVISION MAP ACT (SMA OR MAP ACT) SURVEYOR TEN ACRES TENTATIVE MAP TRACT MAP TWENTY ACRES TWO AND ONE-HALF ACRES UNIFORM FIRE CODE USE VARIATION VESTING TENTATIVE MAP WATERCOURSE WATER PURVEYOR YARD ZONING ZONING DISTRICT ZONING ORDINANCE Abut means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road, street, or highway, except a limited access major highway Access, Approved AApproved Access@ is a means of vehicular access which conforms to all of the requirements of this chapter or vehicular access which has been, by means of a variation, granted by the Planning Commission or the Planning Director, as appropriate Access, Legal See Access, Approved Access, Off-Site AOff-site access@ means an easement for vehicular access located on land not owned by the subdivider and used to gain access to the property being subdivided Access, On-Site AOn-site access@ means an easement for vehicular access located within the boundaries of or which border on the subdivision. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 165

166 Access, Required ARequired means access as required by any provision of this chapter as a condition of approval of a subdivision subject to this chapter Access Road AAccess Road@ means a way or means of approach to provide vehicular ingress and egress to a property Acre AAcre@ means a measure of land containing forty-three thousand five hundred and sixty (43,560) net square feet Advisory Agency AAdvisory Agency@ means the Planning Commission for the purpose of tentative tract map and the Planning Director or his/her designated representative, for the purpose of parcel maps, parcel map waivers, and lot line adjustments Aliquot AAliquot@ means the division or measurement of land in one half (1/2) or one quarter (1/4) portions Alley AAlley@ means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation Authorized Representative AAuthorized representative@ means any person who has been designated in writing by the subdivider as the person, firm, or corporation to represent the subdivider Base Flood ABase flood@ means the flood possessing a one percent (1%) chance of being equaled or exceeded in any one (1) given year (also called the one-hundred (100-) year flood) Bicycle Trail/Path/Lane ABicycle Trail/Path/Lane@ means a trail or path or lane designed primarily for the use of bicycles Block ABlock@ means the area of land within a subdivision which is entirely bounded by streets, highways, or ways, except alleys, or the exterior boundary or boundaries of the subdivision. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 166

167 Block Length "Block length" means that distance as measured along rear property lines between intersecting streets (see illustration) Board of Supervisors (Board) ABoard of Supervisors means the Board of Supervisors of the County of Kern Bridge means a crossing over a watercourse, railway, freeway, or canyon Building ABuilding@ means any permanent structure built or installed for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind Centerline, Legal ALegal centerline@ means a line designated by official survey to be the center of a future or existing fully developed easement, street, road, or highway, which may or may not coincide with the construction centerline Civil Engineer ACivil engineer@ means the person retained by a subdivider to process a subdivision or parcel map, and who shall be registered to practice civil engineering in the State of California Committee ACommittee@ means the Subdivision Review Committee of the County of Kern Common Area ACommon area@ means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and which may include such complementary structures and improvements as are necessary and appropriate Common Property Line ACommon property line@ means a lot or parcel line shared by two (2) or more properties Condominium ACondominium@ means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial, or commercial building on such real property Construction LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 167

168 means design, acquisition of site or right-of-way, administration of construction contracts, and actual construction Contiguous means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, contiguous properties shall include those properties separated by any road, street, or highway, except a limited access major highway Conversion AConversion@ means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings County ACounty@ means the County of Kern County Official ACounty official@ means any employee of the County of Kern County Surveyor ACounty Surveyor@ means the County Surveyor of the County of Kern or his/her designated representative Cul-de-sac See Street, Cul-de-sac Dedication (Or Offer of Dedication) ADedication (or offer of dedication)@ means a conveyance of or offer to convey land to some public use, especially streets, made by the owner Density ADensity@ means the number of dwelling units per specific area of land Design ADesign@ means (1) Street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades; (3) location and size of all required easements and rights-ofway; (4) fire roads and fire breaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 168

169 Design Sample ADesign means an illustration of a portion of a map Designated Urban Area ADesignated urban area@ means any area within the unincorporated County designated by resolution of the Board of Supervisors pursuant to Article 15 of Chapter 1 of Division 3 of the Kern County Ordinance Code Development ADevelopment@ means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land Development Standards ADevelopment standards@ means the minimum acceptable standards of design, materials, and methods required to be used in improvement of subdivisions and other developments, as adopted and amended by the Board of Supervisors from time to time, in the manner provided by law. The terms "Standards," "Kern County Development Standards," "Standards and Rules and Regulations for Land Development," and "Development Standards" shall have the same meaning. The latest copy is on file with the Clerk of the Board of Supervisors Development Variation ADevelopment variation@ means a deviation, modification, deferral, or deletion of any improvement requirement specified in Section , , and of this title Planning Director APlanning means the Planning Director of the County of Kern or his/her designated representative District Attorney ADistrict Attorney@ means the District Attorney of the County of Kern or his/her designated representative Double-Frontage Lot See Lot, Through Dwelling Unit ADwelling unit@ means one (1) or more habitable rooms which are designed to be occupied by one (1) family with facilities for living, sleeping, cooking, eating, and sanitation. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 169

170 Easement means a grant of one (1) or more of the property rights by the owner to or for the use by the public, a corporation, or another person or entity Eighty Acres AEighty acres@ means an aliquot division of a section of land consisting of one half (1/2) of one quarter (1/4) of a section, not to be less than seventy (70) gross acres Engineering and Survey Services Department AEngineering and Survey Services Department@ means the Engineering and Survey Services Department of the County of Kern, including the County=s Surveyor=s Office Engineering and Survey Services, Director of AThe Director of Engineering and Survey Services@ means the Director of Engineering and Survey Services of the County of Kern or his/her designated representative Environmental Document AEnvironmental document@ means documents prepared under the California Environmental Quality Act, including Initial Studies, Negative Declarations, draft and final Environmental Impact Reports (EIR), documents prepared as substitutes for EIRs and Negative Declarations under a program certified pursuant to California Public Resources Code Section , and documents prepared under National Environmental Policy Act and used by a state or local agency in the place of an Initial Study, Negative Declaration, or an EIR Equestrian Trail AEquestrian trail@ means a trail path or right-of-way designed primarily for the riding of horses, but may also be designed as a hiking trail and excludes motorized vehicles Fence (or Wall) AFence (or wall)@ means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land Fire Chief AFire Chief@ means the Chief of the Kern County Fire Department or his/her designated representative Fire Protection Facilities AFire protection facilities@ means facilities including, but not limited to, water supply for firefighting purposes, fuel breaks, emergency access roads, and an offer of dedication of a site. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 170

171 Final Map AFinal means a map showing a subdivision for which a tentative and final map are required by the California Subdivision Map Act or this title, prepared in accordance with the provisions of this title and the California Subdivision Map Act, and designed to be recorded in the office of the County Recorder Five Acres AFive acres@ means a lot or parcel created other than by aliquot division containing 217,800 square feet (gross). AFive acres@ means an aliquot division of a section of land consisting of one half (1/2) of one quarter (1/4) of one quarter (1/4) of one quarter (1/4) section of land not to be less than four (4) gross acres of land Flood or Flooding AFlood or flooding@ means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature or by a similarly unusual and unforeseeable event which results in flooding as defined in this definition Flood Boundary Floodway Map (FBFM) AFlood boundary floodway map (FBFM)@ means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway Flood Insurance Rate Map (FIRM) AFlood insurance rate map (FIRM)@ means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community Floodplain AFloodplain@ means any land susceptible to being inundated by water from any source Floodway or Designated Floodway AFloodway or designated floodway@ means the channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (l) foot or increasing the velocity to greater than seven (7) feet per second, whichever results in the widest floodway. The floodway is delineated on the Flood Boundary Floodway Map and the State Reclamation Board Designated Floodway Map. Floodways are also delineated on the official zoning maps as Floodplain Primary (FPP) District. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 171

172 Forty Acres AForty means an aliquot division of a section of land consisting of one quarter (1/4) of one quarter (1/4) section of land not to be less than thirty-five (35) gross acres Frontage Road AFrontage road@ means a street which is parallel and adjacent to a major street, limited-access highway, or freeway, and which is designed to provide access to abutting properties General Plan AGeneral Plan@ means the General Plan of the County of Kern adopted by the Board of Supervisors pursuant to the California Government Code Sections et seq Health Officer AHealth Officer@ means the Director of the Environmental Health Services Department of the County of Kern or his/her designated representative Improvement AImprovement@ means includes, but is not limited to, streets, storm drainage facilities, water systems, sewage systems, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. Other specific improvements or type of improvements, the installation of which, either by the subdivider or by a combination of the subdivider, public agencies, private utilities, or any other entity approved by the County, is necessary or convenient to ensure conformity to, or implementation of, the General Plan or any adopted specific plan. Improvements shall be constructed in accordance with the Kern County Development Standards Land Use ALand use@ means a description of how land is used or proposed to be used Limited Design Variation ALimited design variation@ means permission to depart from the design requirements specified in the Development Standards and/or where specifically provided for in this title Limited Exception ALimited exception@ means permission to depart from specific requirements of the Development Standards, granted by the Director of the Engineering and Survey Services Department, where a deviation to the design standard is specifically referenced as a limited exception in the Development Standards. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 172

173 Local Facility ALocal means a bridge, highway, road, or street, including access road, designed and constructed in accordance with the Subdivision Standards, with a size or capacity only as needed for the general use of the lot owners in the subdivision and local neighborhood traffic needs Lot (or Parcel) ALot (or parcel)@ means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit Lot or Parcel Area, Gross AGross lot or parcel area@ means the horizontal area within the lot or parcel boundary lines and including the area to the centerline of abutting street or access road Lot or Parcel Area, Minimum AMinimum lot or parcel area@ means the smallest lot or parcel area established by this title on which a use or structure may be located in a particular zoning district Lot or Parcel Area, Net ANet lot or parcel area@ means the total area within the lot lines of a lot, excluding existing and future public roads, private and public access easements, floodways, and conveyances resulting in areas on which development is prohibited or unsuitable, as determined by the Planning Director Lot or Parcel, Corner ACorner lot or parcel@ means a lot or parcel of land abutting upon two (2) or more streets at their intersection or a lot abutting one (1) street that forms an interior angle of less than one hundred and thirty-five (135) degrees. The frontage of a lot abutting one (l) street that forms an interior angle of one hundred and thirty-five (135) degrees or more shall be considered the front yard of an interior lot (see illustration) Lot or Parcel Depth ALot or parcel depth@ means the distance measured from the front lot or parcel line to the rear lot line (see illustration) Lot, Flag A lot with access provided to the bulk of the lot by means of a narrow corridor (see illustration) Lot Frontage The length of the front lot line measured at the street right-of-way (see illustration). LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 173

174 Lot, Interior AInterior means a lot abutting one (1) street that forms an interior angle of one hundred and thirty-five (135) degrees or more (see illustration) Lot, Key AKey lot@ means a lot whose side lot line is coincident with the rear lot line of an adjacent lot (see illustration) Lot Line Adjustment ALot line adjustment@ means a change in any lot line involving four or fewer existing adjoining parcels, whereby land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created Lot, Panhandle See Lot, Flag Lot or Parcel Line ALot or parcel line@ means a line of record that divides one (1) lot or parcel from another lot or parcel or from a public or private street or any other public space (see illustration) Lot or Parcel Line, Front AFront lot or parcel line@ means the property line dividing a lot or parcel from a street. On a corner lot, only one (1) street line shall be considered as a front or parcel line and the shorter street frontage shall be considered the front lot or parcel line (see illustration) Lot or Parcel Line, Rear ARear lot or parcel line@ means the lot or parcel line opposite and most distant from the front lot or parcel line; or in the case of triangular, an imaginary line ten (10) feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot or parcel line (see illustration) Lot or Parcel Line, Side ASide lot or parcel line@ means any lot or parcel line other than front lot or parcel line or rear lot or parcel line (see illustration) Lot, Reversed Corner AReversed corner lot@ means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear (see illustration) Lot, Through AThrough lot@ means a lot having frontage on two (2) or more nonintersecting streets (also known as a double-frontage lot) (see illustration). LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 174

175 Lot Width ALot means the distance measured parallel to the street between the side lot lines; in the event of a corner lot, the lesser dimension (see illustration) Major (Arterial) Highway AMajor (arterial) highway@ means a highway which is used, designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a "major highway" in the Circulation Element of the General Plan and described in the Kern County Subdivision Standards Map AMap@ means a tentative map or a final map, as indicated by the context Merger AMerger@ means the combining of two (2) or more contiguous parcels of land under one (1) ownership into fewer parcel Minor Land Division AMinor land division@ means a subdivision which creates four (4) or fewer parcels, not including a parcel specified as a designated remainder as authorized in Section of the State Subdivision Map Act Nonconforming Lot ANonconforming lot@ means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Land Division Ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the ordinance Obstruction AObstruction@ means any potential impediments of whatever kind or nature, including, but not limited to, structures, power poles, trees, landscaping, fences, telephone and telegraphic poles, and appurtenances, pipelines, conduits, canals, and their rights-of-way or easements which affect the intended and/or permitted use of a lot or parcel Occupancy or Occupied AOccupancy or occupied@ means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building Off Site AOff site@ means located outside the lot in question. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 175

176 Official Plan Line AOfficial Plan means the future right-of-way of any road or highway as adopted by resolution of the Board of Supervisors Open Space AOpen means any parcel or area of land or water which is essentially unimproved and devoted to one (1) or more of the following uses: preservation of natural resources; outdoor recreation; or public health and safety Parcel See Lot Parcel Map AParcel means a map showing a division of land of four (4) or less parcels (with specific exceptions) as required by this ordinance, prepared in accordance with the provisions of this title and the Subdivision Map Act Park APark@ means public or private land used for active or passive recreation Pedestrian Way APedestrian way@ means a walkway designed for use by pedestrians, which shall not be used by motor vehicles and which is not located within a street right-of-way Permit APermit@ means written governmental permission issued by an authorized official or Board of Supervisors empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization Person APerson@ means any individual, firm, co-partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit Planning Commission APlanning Commission@ (ACommission@) means the Planning Commission of the County of Kern Plot Plan APlot plan@ means a plan graphically describing proposed and existing buildings, structures, lot lines, and other required information submitted in conjunction with an application for discretionary or ministerial review and approval. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 176

177 Principal Use APrincipal means the primary or predominant use of any lot or parcel Property Line AProperty means a line or record that divides one lot or parcel from another lot or parcel or from a public or private street or any other public space Public Hearing APublic hearing@ means a meeting announced and advertised in advance and open to the public with the public given an opportunity to present evidence and testimony Record Drawings ARecord drawings@ means the improvement plans for tracts and parcel maps that reflect all approved minor revisions Remainder ARemainder@ means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development Right-of-Way ARight-of-way@ means a strip of land acquired by reservation, dedication, prescription, or condemnation, and intended to be occupied by a road, crosswalk, pedestrian or bicycle path, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses Road See Street Roads Department ARoads Department@ means the Roads Department of the County of Kern, including the Road Commissioner Secondary (Collector) Highway ASecondary (collector) highway@ means a street or highway designed to carry moderate volumes of traffic and designated as a "secondary highway" in the Circulation Element of the General Plan and described in the Kern County Subdivision Standards Sheriff ASheriff@ means the Sheriff of Kern County or his/her designated representative. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 177

178 Sidewalk means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway Soils Report ASoils report@ means data regarding the nature, distribution, and strength of existing soils and their suitability to adequately accommodate a proposed subdivision. Said report also contains conclusions and recommendations and is prepared by a person authorized to prepare such a report in the State of California Specific Plan ASpecific Plan@ means a plan prepared and adopted pursuant to Section et seq. of the California Government Code Specific Plan Line ASpecific Plan Line@ means the designated centerline of any road or highway as adopted by resolution of the Board of Supervisors from which the ultimate right-of-way is determined in accordance with the Circulation Element of the General Plan Start of Construction AStart of construction@ means the first placement of permanent construction on a site, such as the pouring of slabs or footings, or any site preparation work, including, but not limited to, leveling and grading Street, Cul-de-sac ACul-de-sac street@ means a street with a single common ingress and egress and with a turnaround or loop at the end Street, Future AFuture street@ means an area dedicated on the final map for use as a street at a future time, and which is not required to be improved by the subdivider. A future street shall not be considered as part of any lot in application of zoning or setback regulations. The form of dedication of a future street shall be such as to keep it free and clear of any permanent structure Street, Local ALocal street@ means a street designed to provide vehicular access to abutting property except in the case of double-frontage lots Street, Looped ALooped street@ means a street which is intended to serve as direct or indirect access to residential lots, which begins and terminates in the same street or highway but not at the same location. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 178

179 Street, One-Way AOne-way means a street which is intended to provide for the movement of vehicular traffic in one (1) direction only Street, Public APublic street@ means a street built to standards required and maintained by the County of Kern Street, Private APrivate street@ means a right-of-way owned and maintained by a person or persons and intended for access to their property Street, Stubbed AStubbed street@ means an improved street which terminates at the boundary of a subdivision, and which is, or may be, necessary for the orderly development of an adjacent area at a future time Structure AStructure@ means an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner Study Map AStudy map@ means a map prepared in accordance with Section of this title, in advance of the tentative subdivision map Subdivider ASubdivider@ means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of persons or entities, acting in that capacity, are not "subdividers." Subdivision ASubdivision@ means the division 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, except for leases of agriculture land for agricultural purposes Subdivision Map Act (SMA or Map Act) ASubdivision Map Act (SMA or Map Act)@ means California Government Code Sections to as may be amended from time to time Surveyor ASurveyor@ means a licensed land surveyor or registered civil engineer licensed by the State of California to practice surveying. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 179

180 Ten Acres ATen means a lot or parcel created other than by aliquot division containing 435,600 square feet (gross). ATen acres@ means an aliquot division of a section of land consisting of one quarter (1/4) of one quarter (1/4) of one quarter (1/4) section of land not to be less than eight (8) gross acres Tentative Map ATentative map@ means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it Tract Map ATract map@ means a final map subdivision as defined by Section of the Subdivision Map Act and the provisions of this title Twenty Acres ATwenty acres@ means a lot or parcel created other than by aliquot division containing 871,200 square feet (gross). ATwenty acres@ means an aliquot division of a section of land consisting of one half (1/2) of one quarter (1/4) of one quarter (1/4) section of land not to be less than sixteen (16) gross acres Two and One-Half Acres ATwo and one-half acres@ means a lot or parcel created other than by aliquot division containing 108,900 square feet (gross). ATwo and one-half acres@ means an aliquot division of a section of land consisting of one quarter (1/4) of one quarter (1/4) of one quarter (1/4) of one quarter (1/4) section of land not to be less than two (2) gross acres Uniform Fire Code Use AUniform Fire Code@ means the Uniform Fire Code as adopted and amended by Sections 4015 and 4016 of Division 1 of Part 4 of the Kern County Ordinance Code, or such like publication as may be adopted by the Board of Supervisors. AUse@ means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which either is or may be occupied or maintained. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 180

181 Variation means a development variation, and it means permission to depart from the literal requirements of the Land Division Ordinance and Development Standards; previously known as a variance Vesting Tentative Map AVesting tentative map@ means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed and is thereafter processed in accordance with the provisions hereof Watercourse AWatercourse@ means a natural or man-made, intermittent or perennial drainage channel which includes, but is not limited to, the terms river, tributary, stream, or creek Water Purveyor AWater purveyor@ means any public utility, mutual water company, or governmental body providing water for a subdivision Yard AYard@ means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in the Zoning Ordinance Zoning AZoning@ means dividing of the County into districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings Zoning District AZoning district@ means a specifically delineated area or district in the County within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings Zoning Ordinance AZoning Ordinance@ means the Zoning Ordinance of the County of Kern. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 181

182 C H A P T E R ADMINISTRATION SECTIONS: PURPOSE AUTHORITY TO ADMINISTER PLANNING DIRECTOR DELEGATION FEES PURPOSE The purpose of this chapter is to establish general rules for the administration of this title in conformance to the requirements of the California Subdivision Map Act. While the requirements of this chapter may, in certain instances, be more restrictive than the California Subdivision Map Act, in the event of any clear conflict between the requirements of this title and the California Subdivision Map Act, the California Subdivision Map Act shall prevail AUTHORITY TO ADMINISTER Except where otherwise specified, the Planning Director shall be vested with the authority to administer this title. In the course of these duties, the Planning Director shall have the authority to interpret the provisions of this title. Where there is a question as to the meaning or intent of any requirement of this title, including interpretations of conditions of approval, the Planning Director shall provide any necessary interpretation PLANNING DIRECTOR DELEGATION The Planning Director may delegate any responsibility or authority charged to him/her by any section of this title to any employee of the Kern County Planning Department, any employee of any department of the County of Kern, or a committee of employees of the County of Kern. Any employee or employees so designated may act on behalf of the Planning Director in a matter or proceeding specified in this title FEES The Board of Supervisors may establish a reasonable fee for processing any application specified in this title, provided the fee does not exceed the estimated actual cost of processing such application. The Board of Supervisors shall adopt and may periodically revise a schedule of fees for processing such applications. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 182

183 C H A P T E R ENFORCEMENT AND PENALTIES SECTIONS PURPOSE PROHIBITIONS REMEDIES CERTIFICATE OF COMPLIANCE NOTICE OF VIOLATION PURPOSE The purpose of this chapter is to establish provisions for the enforcement of this title PROHIBITIONS A. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing, except for model homes, or allow occupancy, for which a final tract map is required by this title or the California Subdivision Map Act, until a map, in full compliance with the provisions of this title and the California Subdivision Map Act, has been filed with the County Recorder for record. B. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing, except for model homes, or allow occupancy, for which a final parcel map is required by this title or the California Subdivision Map Act, until a map, in full compliance with the provisions of this title and the California Subdivision Map Act, has been filed for record by the Recorder. C. Conveyances of any part of a division of real property for which a final tract or parcel map is required shall not be made by parcel number, letter, or other designation, unless and until the map has been filed for record with the County Recorder. D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established. E. Nothing contained in Sections A or B shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing, or the commencement of construction is expressly conditioned upon the approval and filing of a final map REMEDIES A. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or California Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 183

184 contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or any assignee, heir, or devisee. B. Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Subdivision Map Act may, within one (1) year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property. C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section or identified in a recorded final tract or parcel map, from and after the date of recording. D. The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law. E. This section does not bar any legal, equitable, or summary remedy to which the County or other public agency, or any person, firm, or corporation may otherwise be entitled, and the County or other public agency, or any person, firm, or corporation may file a suit in the Superior Court of Kern County to restrain or enjoin any attempted to proposed subdivision for sale, lease, or financing in violation of this title. F. The County shall not knowingly issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the California Subdivision Map Act or if the Planning Director finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property CERTIFICATE OF COMPLIANCE A. Any person owning real property may request the Planning Director to determine whether the real property complies with the provisions of this title and the California Subdivision Map Act. B. Upon making a determination, the Planning Director shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of this title and the California Subdivision Map Act. C. If the Planning Director determines that the real property does not comply with the provisions of this title or California Subdivision Map Act, the Planning Director may, as a condition to granting a certificate of compliance, impose such conditions as provided for by Section of the California Subdivision Map Act. Upon making a determination and LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 184

185 establishing conditions, the Planning Director shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued. D. A recorded final tract or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. E. A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee NOTICE OF VIOLATION A. If the Planning Director has knowledge that real property has been divided in violation of the provisions of this title or the California Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the owner of record. The notice shall describe the property in detail, name the owner, describe the violation, and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the Board of Supervisors why a notice of violation should not be recorded. B. The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If the owner fails to notify the Planning Director objecting to the recording of the notice of violation, the Planning Director shall record it. If, after the owner presents evidence, the Planning Director determines that the property has in fact been illegally divided, he/she shall record the notice of violation. C. The notice of violation, when recorded, shall be constructive notice of the violation to all successors in interest in the property. LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 185

186 C H A P T E R ILLUSTRATIONS LAND DIVISION ORDINANCE - CHAPTER (3/09) Page 186