PARCEL MAP WAIVER

WHAT IS A PARCEL MAP WAIVER (PMW)?

A "parcel map waiver" is a legal mechanism to subdivide real property into smaller parcels. There is a limit to the numberof parcels that can be created by using the parcel map waiver process. A maximum of four (4) parcels can be created. This process is similar, yet less complicated, than the parcel map process.

The criteria for using the parcel map waiver process is fairly narrow. It can only be used in very specific circumstances, as follows:

* Creation of parcels 40 acres, or larger, that are fractional divisions (e.g., NW/4 of Section 1) of a section; or

* Creating lots within a recorded tract where all of the tract improvements have been constructed; or

* Creation of commercial or industrial lots within a recorded tract or parcel map if the site is in a Type A area and all improvements have been constructed.

The parcel map waiver process does not involve the recording of a final map; instead, the lots are created by deed. A Certificate of Compliance is recorded that recognizes said deeds as being "legal."

WHAT ARE THE SUBMITTAL REQUIREMENTS FOR A PARCEL MAP WAIVER?

Applications for a parcel map waiver may be obtained at the Kern County Planning Department counter or mailed upon request. Typically, a licensed land surveyor or registered civil engineer will submit the application on behalf of the property owner.

Once an application is submitted to this office, we will review it to determine if it is complete. An application package will consist of the following:

* Application form, signed by the owners and agent/representative;

* Two (2) copies of a preliminary title report (less than ninety (90) days old);

* A map of the existing situation and the proposed situation, prepared by a land surveyor or engineer;

* A legal description of each new lot, prepared by a land surveyor or civil engineer;

* Hazardous Waste Site Verification Statement; and

* Preliminary review fee.

The California Environmental Quality Act (CEQA) requires that an environmental study be prepared for some types of projects. Parcel map waivers are usually exempt from the requirements of CEQA.

WHAT IS THE PROCESS A PARCEL MAP WAIVER GOES THROUGH?

After a parcel map waiver application has been formally accepted as complete, the map is sent to several governmental agencies, utility companies, and the public for review and comment. A Notice of Opportunity for Public Hearing is sent to all of the property owners within 300 feet of the site and is published in the local newspaper. A parcel map waiver is not scheduled for a public hearing unless one is requested by the applicant or any other interested person.

All of the comments received during the review period are compiled by the Planning Department. Then a list of recommended conditions of approval and recommended findings is prepared. The recommendation along with copies of the comments received is known as the "Advance Report." The Advance Report is sent to the applicant fifteen (15) days before final action is scheduled on the parcel map waiver. This time is provided so that the applicant can review the draft recommendation and discuss it with the Department or any commenting agency. Applicants are strongly encouraged to carefully read the Advance Report and contact the staff planner about any questions or concerns prior to the action date. On a predetermined date, action is taken to conditionally approve or deny the parcel map waiver. At this point, if the parcel map waiver is approved, it is considered to be "tentatively approved."

Conditions of approval must be satisfied before the Certificate of Compliance for the parcel map waiver can be recorded. Improvements and dedications for road purposes may be required. Typical conditions of approval require that you:

* Submit an updated preliminary title report (less than ten (10) days old);

* Record a deed creating the proposed parcels; and

* Modify and re-record any deeds of trust affecting the property so that they reflect the new parcels. (Our office will work closely with your title company to coordinate the recording of all the necessary documents.)

Once all of the conditions of approval have been satisfied, we will record a Certificate of Compliance. The Certificate of Compliance is a legal document certifying that the new parcels have been legally created. Title companies and financial institutions recognize a Certificate of Compliance as being verification of the legal parcel configuration.

HOW LONG DOES IT TAKE TO PROCESS A PARCEL MAP WAIVER?

An applicant can expect to receive a written response to the initial submittal of an application in approximately two (2) weeks. Once the application is deemed complete and formally accepted, action to conditionally approve or deny the waiver will occur within fifty (50) calendar days. Once a parcel map waiver is tentatively approved, processing of the Certificate of Compliance is variable. It is dependent upon you and your surveyor's or engineer's ability to satisfy the conditions of approval. Thirty (30) days after tentative approval would be considered routine.

Once the Certificate of Compliance is recorded, the property is subdivided; the land division has occurred. It will often take several weeks for the county's official maps and computer data bases to be updated to reflect the new subdivision.

I WANT TO SUBDIVIDE MY PROPERTY!! WHERE DO I START?

The first step in subdividing land is to determine if such a proposal is feasible. Contact our Department to find the zoning and general plan designation for the site. This will determine if the land can be subdivided, and it will determine the minimum lot size.

Upon determining that it is feasible to subdivide the land, the next step is to hire a licensed land surveyor or registered civil engineer. They will work with us to complete the land division.

Please telephone (661) 862-8600 and ask to speak to a planner assigned to the Land Division Unit if you have any questions regarding the parcel map waiver process.

(FORM204.PDS 2/99)