Sec. 21-1. - Purposes and objectives of the chapter.

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

(1)

Implement the general plan of Kings County, and elements thereof, as adopted by the board of supervisors.

(2)

To ensure:

a.

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

b.

Adequate supply of domestic water;

c.

Adequate systems for sewage disposal;

d.

Adequate means for drainage of stormwater;

e.

Adequate access to lots created by the division of land;

f.

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

g.

Adequate provisions for fire protection;

h.

A safe and efficient road system;

i.

Proper grading and erosion control.

(Ord. No. 351, 9-4-73; Ord. No. 395, § 1, 10-23-79; Ord. No. 559, § 1, 2-4-97)

Sec. 21-2. - Short title.

This chapter shall be known as the "subdivision ordinance."

(Ord. No. 351, 9-4-73; Ord. No. 559, § 2, 2-4-97)

Sec. 21-3. - Interpretation.

In interpretation and application, the provisions of this chapter are minimum requirements unless expressly stated to be otherwise. This chapter is not intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the County of Kings, deed restriction, covenant, easement or other agreement between parties, unless expressly stated herein, provided that where the provisions of this chapter conflict with restrictions or regulations which are imposed or required by an existing ordinance, deed restriction, covenant, easement or agreement between parties, the provisions of this chapter shall control.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 3, 2-4-97; Ord. No. 599, § 1, 6-19-01)

Sec. 21-4. - Application of chapter.

The provisions of this chapter shall apply to subdivisions as defined in the Subdivision Map Act and this chapter; except as otherwise provided, all terms used herein which are defined in the Subdivision Map Act shall have the same meaning as provided in the Act, and as the Act may hereafter be amended.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 4, 2-4-97; Ord. No. 599, § 2, 6-19-01)

Sec. 21-5. - Advisory agency.

The advisory agency as designated in the Subdivision Map Act shall be comprised of two divisions:

(1)

Division one shall be the Kings County Director of Community Development who shall have the authority to approve, conditionally approve, or disapprove subdivisions for which a tentative parcel map is not required under section 21-83(b) or section 21-92, lot line adjustments pursuant to Article VII, and certificates of compliance pursuant to Article XI of this chapter. The director of community development shall consult with the county departments identified in section 21-10, and other departments, agencies, and persons deemed appropriate by the director of community development prior to taking any final action.

(2)

Division two shall be comprised of the Kings County Planning Commission which shall have the authority to approve, conditionally approve, or deny all other divisions of land subject to this ordinance, in particular those divisions pursuant to section 21-83(a) and Article III (Tentative Subdivision Maps). The Kings County Director of Community Development, or his or her, designee shall be secretary to division two of the advisory agency, and he, or she, shall consult with the county departments identified in section 21-10,and other departments, agencies, and persons deemed appropriate by the Director of Community Development prior to making any final recommendations.

(3)

Both divisions of the advisory agency shall have the duty to make investigations and reports on the design and improvement of proposed divisions of real property, impose requirements or conditions thereon and shall approve, conditionally approve, or disapprove maps after holding a properly noticed public hearing.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 1, 2-25-75; Ord. No. 559, § 5, 2-4-97; Ord. No. 599, § 3, 6-19-01; Ord. No. 599.1, § 1, 7-28-09)

Sec. 21-6. - Appeals board.

The Kings County Board of Supervisors shall be the appeals board designated in the Subdivision Map Act.

(Ord. No. 351, 9-4-73)

Sec. 21-7. - Relationship to zoning ordinance.

No land shall be subdivided, divided, or its boundaries adjusted for any purpose inconsistent with the Kings County Zoning Ordinance.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 6, 2-4-97; Ord. No. 599, § 4, 6-19-01)

Sec. 21-8. - General terminology.

The word "county" shall mean the County of Kings, State of California. The words "board of supervisors" and "board" shall mean the Board of Supervisors of the County of Kings. The words "planning commission" and "commission" shall mean the planning commission duly appointed by the board of supervisors. The words "director of community development" shall mean the Kings County Director of Community Development duly appointed by the board of supervisors.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 7, 2-4-97; Ord. No. 599, § 5, 6-19-01; Ord. No. 599.1, § 2, 7-28-09)

Sec. 21-9. - Definitions.

For the purposes of this chapter, certain words and terms used herein are defined as follows:

(1)

[Terms defined.] The definitions set forth in the Subdivision Map Act are hereby incorporated herein by this reference as though set forth at length and shall govern in the definition, interpretation and construction of this chapter.

(2)

General plan. The long range, comprehensive general plan for the orderly development of the county, adopted by the planning commission and the board of supervisors, which may include the elements listed in the Government Code of the State of California.

(3)

Improvement plans. The plans, cross sections and specifications of all proposed improvements, including the information required by section 21-49 of this chapter.

(4)

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

(5)

Reserve strip. A strip of land offered for dedication, contiguous to a public way, accepted by the board of supervisors, but not declared a public road.

(6)

Subdivision Map Act. The Subdivision Map Act shall mean Chapters 1 through 7 inclusive of Division 2 of Title 7 of the Government Code of the State of California as it now exists or may hereafter be amended.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 2, 2-25-75; Ord. No. 559, § 8, 2-4-97; Ord. No. 599, § 6, 6-19-01)

Sec. 21-10. - Functions of the departments.

(a)

Planning division of the community development agency. The planning division of the community development agency shall be the principal department for processing tentative maps, lot line adjustments and certificates of compliance. It shall be the function of the planning division to recommend approval, conditional approval, or disapproval of tentative maps based upon the design and land use proposed by the developer. Design and land use recommendations shall include:

(1)

Compliance with the general plan;

(2)

Compliance with the zoning ordinance;

(3)

Concept evaluation of development;

(4)

Lot size, design, and suitability for intended use;

(5)

Location of school and park sites and other public facilities;

(6)

Requirements for open space; and

(7)

Ascertaining compliance with state laws, particularly the California Land Conservation (Williamson) Act of 1965, commencing at Government Code Section 51200.

(b)

Public works department. It shall be the responsibility of the public works director, acting as the county surveyor and road commissioner, to recommend approval, conditional approval or disapproval of tentative maps based upon evaluation of the improvements proposed by the developer. Recommendations on such improvements shall include:

(1)

Geometric and structural street design;

(2)

Traffic control;

(3)

Control of flood waters within developments and outside of developments;

(4)

Method of erosion and sedimentation control;

(5)

Source and quantity of water supply;

(6)

Review and approval of improvement plans;

(7)

Review of final map for compliance with conditions of tentative map approval;

(8)

Coordinate installation of water and sewer with city or utility districts; and

(9)

Compliance with other requirements of the county improvement standards.

(c)

Health department. It shall be the function of the health department to recommend approval, conditional approval, or disapproval of the tentative maps in accordance with the results of an analysis of the impact of the proposal upon public health and environmental quality. The analysis shall include:

(1)

Method of sewage disposal;

(2)

Analysis of soils reports as they relate to sewage disposal;

(3)

Source and quality of water supply to be provided for domestic use;

(4)

Analysis of elements affecting the environment (such as noise, odor, dust, pesticides, and other spraying operations);

(5)

Co-ordination of activities with the California Environmental Protection Agency, and the United States Environmental Protection Agency;

(6)

Evaluation of hazardous materials management, including underground storage tanks and hazardous waste generation, storage, and disposal;

(7)

Enforcement of the provisions of local ordinances pertaining to the above.

(d)

Fire department. It shall be the function of the fire department to make appropriate recommendations to the advisory agency relative to the fire protection facilities proposed by the developer. Recommendations shall include:

(1)

Specific location and spacing of fire hydrants;

(2)

The minimum fire flows necessary to serve the proposed development;

(3)

Emergency egress roads;

(4)

Location of fire and fuel breaks and easements;

(5)

Location of fire station sites and immediacy of need.

(e)

County assessor. It shall be the function of the county assessor to make appropriate recommendations to the advisory agency relative to the ownership of title to the proposed site and surrounding properties for the purpose of ascertaining compliance with state laws and local ordinances governing land divisions.

(f)

Building division of the community development agency. It shall be the function of the building division of the community development agency to review and make appropriate recommendations to the advisory agency relative to the preliminary soils report.

(Ord. No. 351, 9-4-73; Ord. No. 395, § 2, 10-23-79; Ord. No. 559, § 9, 2-4-97; Ord. No. 599, § 7, 6-19-01; Ord. No. 599.1, § 3, 7-28-09)

Sec. 21-11. - Flood damage reduction.

Before any approval is granted pursuant to this chapter, a development permit must be obtained, where required, pursuant to Chapter 5A of this Code of Ordinances.

(Ord. No. 474, § 4, 2-7-89; Ord. No. 559, § 10, 2-4-97)

Sec. 21-12. - Hearing notice, additional requirements

In addition to the public hearing notice requirements in the Subdivision Map Act, notice shall include additional notice as follows:

The notice of public hearing shall be given as required by Government Code Section 66451.3. For site specific projects, notice shall also be given in the following manner: If the property immediately adjacent to the subject property is more than 300 feet in width, then notice shall be given to the next adjacent parcel as well. However, if the immediately adjacent property is less than 300 feet in width, no additional notice is required beyond the 300 feet. Parcels separated by a street or road shall be considered adjacent for determining which parcels are given notice. In addition to the above requirements, if a parcel is within the area that receives notice, both the property owner, and the site address if it is different from the owner's address as shown on the latest equalized assessment roll, shall be given notice. Any additional notification or method of notification, in the opinion of the community development agency director or decision maker deemed necessary or appropriate, or as may be required by law, may also be used to give notice.

(Ord. No. 599, § 8, 6-19-01; Ord. No. 599.1, § 4, 7-28-09)

Secs. 21-13—21-20. - Reserved.