Normally when land is subdivided, both a tentative and final map are required by the State Subdivision Map Act (Government Code Section 66410 et seq); however, when fewer than five (5) parcels will be created, a parcel map is allowed under State Law (Government Code Section 66426). As applied in Kern County, a parcel map also requires that a tentative and final map be processed; however, under those specific circumstances described below, a final map is not required. The requirement to waive the preparation and submittal of a final map results in the processing of a parcel map waiver and is authorized by State Law (Government Code Section 66428) and the procedures specified in Chapter 18.30 of the Kern County Land Division Ordinance.
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 and has approved access to a public street or highway; 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 describing lawfully created parcels resulting from the parcel map waiver process.