Sec. 21-81. - General.

The processing, review, and approval of tentative parcel maps and parcel maps shall be pursuant to the provisions of the Subdivision Map Act and this article.

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

Sec. 21-82. - Application.

The provisions of this article shall apply to subdivisions of land which require parcel maps as described and defined in the Subdivision Map Act, but not to subdivisions pursuant to Section 66412.5 of the Subdivision Map Act.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 6, 2-25-75; Ord. No. 559, § 30, 2-4-97)

Sec. 21-83. - Tentative parcel map.

(a)

A subdivider subdividing real property for which a parcel map is required shall file a tentative parcel map with the secretary of the advisory agency pursuant to this article and the requirements of the Subdivision Map Act, unless the division meets all of the criteria listed in subsection (b) below.

(b)

A tentative parcel map is not required if the proposed division meets all of the following criteria:

(1)

The division will result in four parcels or fewer, including divisions for the purpose of retaining a farm home or transferring title to an immediate family member (pursuant to Section 2102.C. of the Kings County Zoning Ordinance), excluding any unmapped remainder.

(2)

No public improvements pursuant to the Kings County Improvement Standards are required, other than deferred improvements required pursuant to said standards, and/or dedication of additional right-of-way along existing roadways consistent with the road classification and the circulation element of the general plan, in which case the subdivider shall make an offer of dedication of the required right-of-way on the face of the parcel map.

(3)

All of the resulting parcels comply with the existing regulation of the Kings County Zoning Ordinance, and no zoning actions or approvals are required except for divisions for the purpose of retaining a farm home or transferring title to an immediate family member. This does not include development permits which may be required for uses on individual parcels after the parcel map is recorded.

(4)

A parcel map will be recorded.

(5)

All parcels, five acres or less in area, shall have frontage on, or direct access to, a public road or street.

(c)

A division of land which meets the criteria listed in subsection (b) above is hereby deemed ministerial (pursuant to Section 21080(b)(1) of CEQA, and Sections 15300.1 and 15369 of the CEQA Guidelines) and is exempt from environmental review pursuant to Kings County environmental review procedures and the California Environmental Quality Act.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 7, 2-25-75; Ord. No. 559, § 31, 2-4-97; Ord. No. 599, § 12, 6-19-01)

Sec. 21-84. - Filing of tentative parcel map; number copies required; size.

Twenty copies of the tentative parcel map, or proposed parcel map in the case of a submittal pursuant to section 21-83(b) above, shall be filed with the secretary of the advisory agency. Additional copies may be required by the secretary of the advisory agency.

The tentative parcel map, or proposed parcel map in the case of a submittal pursuant to section 21-83(b) above, shall be at least eight and one-half inches by 11 inches in size and no greater than 24 inches by 36 inches in size.

A tentative parcel map, or proposed parcel map in the case of a submittal pursuant to section 21-83(b) above, shall be considered filed at the time when all requirements of sections 21-81 through 21-86 and section 21-88 of this article have been met.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 32, 2-4-97)

Sec. 21-85. - Tentative parcel map and parcel map filing fees.

At the time of filing the tentative parcel map and parcel map, the subdivider shall pay to the secretary of the advisory agency a nonrefundable fee in an amount established by resolution or order of the board of supervisors.

(Ord. No. 351, 9-4-73; Ord. No. 395, § 12, 10-23-79)

Sec. 21-86. - Information on tentative parcel maps.

All tentative parcel maps, except those for which a final map is not required pursuant to section 21-92, shall be accompanied by a preliminary title report or equivalent and shall contain the following information:

(1)

The name and address of all the legal owner(s) of record of the proposed parcel being divided, and the name and address of the subdivider(s) if not the same.

(2)

The assessor's parcel number or numbers of the land to be divided.

(3)

The division lines and approximate dimensions.

(4)

All existing surface and underground structures and improvements located on the original parcel, together with their dimensions, the distances between them, the distances to division and property lines, and the number of stories or the height of each structure. On parcels ten acres or larger, trees and structures need not be shown if they are more than 100 feet from proposed division lines.

(5)

The names, widths and location of all existing and proposed streets, abutting or traversing the original parcel, and a statement as to whether the street is private or public and a statement as to whether the street actually exists on the grounds.

(6)

The location, purposes, width, and record owners of all existing and proposed easements or private rights-of-way abutting or traversing any part of the original parcel. Easement boundaries shall be shown by means of a dotted line.

(7)

Date of preparation, north arrow and scale of drawing.

(8)

Existing and proposed use of property.

(9)

Existing and proposed zoning of property.

(10)

Proposed method of sewage disposal.

(11)

Proposed domestic water supply.

(12)

Area of each parcel to be created.

(13)

Proposed parcel numbers.

(14)

If a portion of the original parcel is to be shown as a remainder, a statement of same.

(15)

When septic tanks are proposed results of tests to determine ground water depth and percolation rates, taken in conformance with the improvement standards may be required on tentative map by the advisory agency when sufficient evidence exists to indicate septic tanks may not be permissible.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 8, 2-25-75; Ord. No. 559, § 33, 2-4-97)

Sec. 21-87. - Review and approval or disapproval.

An approved or conditionally approved tentative map shall expire 36 months after its approval or conditional approval.

(Ord. No. 403, § 3, 7-29-80; Ord. No. 559, § 34, 2-4-97; Ord. No. 599, § 13, 6-19-01)

Sec. 21-88. - Extension of approval of tentative parcel map.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended for a period or periods of time not exceeding a total of three years. However, the total extension time may not be more than three years beyond the end of the original approval.

Before granting any time extension the advisory agency may request additional conditions. However, if the subdivider does not agree to the new conditions the extension may be denied if the advisory agency finds, based on justifying evidence, that unless the condition is imposed, the development will be injurious to public health, safety or general welfare. In such a case the tentative map will expire. The subdivider may immediately submit a new tentative map to which the new condition can be attached. Such additional conditions may be appealed in the same manner as the original approval of the tentative map.

(Ord. No. 403, § 4, 7-29-80; Ord. No. 559, § 35, 2-4-97; Ord. No. 599, § 14, 6-19-01)

Sec. 21-89. - Tentative parcel map and proposed parcel map in lieu of tentative map review procedures.

(a)

Tentative parcel maps shall be reviewed pursuant to the procedures required for tentative subdivision maps as contained in section 21-36 of this chapter and the Subdivision Map Act except as otherwise provided by this article and the advisory agency shall approve, conditionally approve or disapprove tentative parcel maps in the manner set forth in the Subdivision Map Act for tentative subdivision maps. The advisory agency may approve tentative parcel maps only if, in addition to all other requirements, all of the following conditions are met:

(1)

The division conforms to all applicable zoning regulations, regulations of this chapter, requirements of the county improvement standards, and the Subdivision Map Act.

(2)

All proposed parcels shall have road access, in accordance with the improvement standards, allowing access to each parcel, and such roads may, at the discretion of the advisory agency be required for dedication to the county.

(b)

A proposed parcel map submitted pursuant to section 21-83(b) shall be reviewed administratively by Division One of the advisory agency in consultation with those departments listed in section 21-10 of this chapter and with city officials, school officials, and other public agencies which may be affected by the proposed parcel map. The director of community development shall develop procedures to review the parcel map, including the consultation with other officials and agencies he, or she, feels is appropriate, to determine whether the division meets all of the criteria found within section 21-83(b). The procedures shall require the director of community development to complete the review within 15 working days after receiving the proposed parcel map:

(1)

If the director of community development determines that any of the criteria are not met, the director of community development shall return the parcel map to the subdivider who may refile it as a tentative parcel map pursuant to section 21-84 of this article.

(2)

If the director of community development determines, after consultation, that all of the criteria are met, the director of community development shall sign a certification on the face of the parcel map that the division complies with all applicable general plan requirements. Upon completion of the certification the director of community development shall forward the proposed parcel map to the county surveyor's office for further processing pursuant to section 21-93 of this article.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 11, 2-25-75; Ord. No. 559, § 36, 2-4-97; Ord. No. 599, § 15, 6-19-01; Ord. No. 599.1, § 9, 7-28-09)

Sec. 21-90. - Improvements.

Improvements shall be installed, constructed, and/or provided in accordance with the Kings County Improvement Standards.

The subdivider shall construct the required improvements within a reasonable time following approval of the parcel map and prior to issuance of a permit or other grant of approval if the advisory agency determines that the improvement is necessary by reasons of:

(1)

Public health and safety; or

(2)

Orderly development of the surrounding area.

When found to be necessary for the above reasons, the subdivider shall enter into an agreement with the county in the manner described in section 21-51 or construct improvements prior to recording of the parcel map as provided in section 21-49.

When required improvements are not necessary for the above reasons, then their construction may be deferred until such time as the reason for deferment no longer exists, or the first lot of such division is sold, whichever occurs first. Deferment of such improvements shall be allowed only if the subdivider enters into an agreement with the county stating that such improvements will be constructed at the owner's cost. The public works director shall make the determination as to when the reason for deferment no longer exists. The responsibility for construction of required improvements shall be binding on successors in interest of each parcel. Such agreement shall be secured through an improvement security which complies with the requirements of the Subdivision Map Act.

(Ord. No. 351, 9-4-73; Ord. No. 395, § 13, 10-23-79; Ord. No. 559, § 37, 2-4-97)

Sec. 21-91. - Appeals procedure.

If the applicant or any interested person is adversely affected by a decision of the advisory agency the applicant or any interested person adversely affected may appeal to the board of supervisors in the manner set forth in Section 66452.5 of the Subdivision Map Act.

(Ord. No. 351, 9-4-73; Ord. No. 599, § 16, 6-19-01)

Sec. 21-92. - Exemptions from parcel map filing requirements.

(a)

A tentative parcel map must be filed for all proposed divisions of real property not exempted by this article or the Subdivision Map Act. A tentative parcel map must be filed and approved, but in lieu of a parcel map, a parcel map waiver may be recorded if the division is one of the following:

(1)

The smallest resulting parcel is nominally 20 or more acres and is a fractional portion of a section.

(2)

No new parcel is created, the real property is zoned agricultural and the division is for purpose of adjusting common boundaries of adjacent parcels.

(3)

No new parcel is created and all of the following conditions exist:

a.

The division is for the purpose of adjusting property lines between adjacent properties.

b.

The properties are in a previously lawfully created subdivision and shown on a recorded map.

c.

The properties are developed at the time of the proposed division.

d.

The properties are zoned other than commercial or industrial.

(4)

Four or less parcels are created and every new division line is coincident with a county road, street, freeway, expressway, occupied railroad right-of-way, the California Aqueduct, division lines created by an approved government township plat or survey of public record and all of the property is zoned other than commercial or industrial.

(5)

The division results in only one additional parcel, the division is for financing purposes only and the property is in a general or exclusive agriculture zone district.

(6)

A lot line adjustment where no new parcel is created pursuant to Article VII of this chapter.

(b)

Applications for parcel map waiver, pursuant to Section 66428(b) of the Subdivision Map Act, shall be reviewed by the director of community development. If the director of community development makes the above findings and also finds that the proposed division complies with requirements established by the Subdivision Map Act or any other local ordinance related to area, improvements and design, floodwater damage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements, the parcel map may be waived.

(c)

A division of land which meets the criteria listed in paragraph (a) above is hereby deemed ministerial (pursuant to Section 21080(b)(1) of CEQA, and Section 15360 of the CEQA Guidelines) and is exempt from environmental review pursuant to Kings County environmental review procedures and the California Environmental Quality Act.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 12, 2-25-75; Ord. No. 395, § 14, 10-23-79; Ord. No. 403, § 5, 7-29-80; Ord. No. 559, § 38, 2-4-97; Ord. No. 566, § 1, 12-16-97; Ord. No. 599.1, § 10, 7-28-09)

Sec. 21-93. - Filing of parcel maps.

Final parcel maps shall be filed with the county surveyor in the manner provided in section 21-42 and the fees required by section 21-85 shall be paid at the time the final parcel map is filed with the surveyor.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 13, 2-25-75)

Sec. 21-94. - Signature of owner.

In the event that dedications are required, the parcel map shall contain a certificate signed and acknowledged by all parties having any record title interest in the real property proposed to be subdivided, consenting to the preparation and recordation of the parcel map. In the event dedications or offers of dedication are not required, the advisory agency may require satisfactory evidence that all parties having any record title interest in said property have consented to the proposed division.

(Ord. No. 395, § 15, 10-23-79)