Lemoore Municipal Code Ch. 7 Land Division

ARTICLE A. ESTABLISHMENT AND PURPOSE

SECTION:

This chapter shall be known as the LAND DIVISION CODE OF THE CITY OF LEMOORE. (Ord. 2012-01, 4-17-2012)

This chapter is adopted pursuant to article XI, section 7 of the California constitution and to supplement and implement the subdivision map act 1 .

It is the purpose of this chapter to regulate and control the division of land within the city and to supplement the provisions of the subdivision map act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the subdivision map act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary to:

A. Preserve the public health, safety, and general welfare;

B. Promote orderly growth and development through implementation of the city's general plan; and

C. Ensure that properly designed infrastructure necessary to support public service needs, including, but not limited to, transportation and utility infrastructure, is provided in conjunction with subdivisions. (Ord. 2012-01, 4-17-2012)

A. Relationship To Prior Ordinance: The provisions of this chapter, as it existed prior to the effective date of the ordinance enacting this chapter, ordinance 2012-01, are repealed and superseded as provided in ordinance 2012-01, with major additions and edits provided by ordinance 2023-11.

B. Prior Rights And Violations: The enactment of this chapter shall not terminate or otherwise affect vested land division approvals or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this chapter.

C. Effect Of Land Division Code Changes On Pending Applications: Following the effective date of this chapter, or any amendment of this chapter, regulations of this chapter are applicable to all pending entitlement applications that have not been deemed complete, unless prohibited by state law.

D. Conflicting Requirements:

1. Land Division Code And Municipal Code Provisions: If conflicts occur between this land division code, the municipal code, or other plans and policies adopted by the city, the land division code shall govern.

2. Development Agreements: If conflicts occur between the requirements of this land division code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.

E. Other Requirements/Permits: Nothing in this land division code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.

F. Public Nuisance: Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in the municipal code.

G. Severability, Partial Invalidation Of Land Division Code: If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that this chapter and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

ARTICLE B. ADMINISTRATION

SECTION:

The purpose of this article is to establish the administration of this chapter and to set forth the basic responsibilities of the officials and bodies charged with its administration. Further, this article specifies the authority and procedures for clarifying any ambiguity in the regulations of this chapter in order to ensure consistent interpretation and application of this chapter. (Ord. 2012-01, 4-17-2012)

Except as expressly provided otherwise in this chapter, the responsibility for actions taken under this chapter shall be as stated below and summarized in table 8-7B-2-1, "Approving Authority", of this section.

A. City Council: The city council shall be responsible for:

1. The approval or denial of final maps and parcel maps;

2. The acceptance, acceptance subject to improvement, or rejection of offers of dedications shown on final and parcel maps;

3. The approval, conditional approval, or denial of reversions to acreage; and

4. Acting as the appeal board for hearing appeals of planning commission actions as provided in this chapter.

B. Planning Commission: The planning commission shall be responsible for:

1. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into five (5) or more parcels (tentative subdivision maps);

2. The approval, conditional approval or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into four (4) or fewer parcels (tentative parcel maps) where a tentative map is required by this chapter;

3. The approval or denial of requests for extensions of time for tentative maps subject to the provisions of the subdivision map act (section 66452.6);

4. Acting as the appeal board for hearing appeals of planning director actions as provided in this chapter.

C. Planning Director: The planning director shall be responsible for:

1. The approval, conditional approval, or denial of lot line adjustments and certificates of compliance;

2. The approval or denial of mergers of contiguous parcels under common ownership without reversion under article E, “Voluntary Parcel Merger”, of this chapter;

3. The waiver of the requirement to file a parcel map;

4. In conjunction with the public works director and city engineer, recommending approval, conditional approval, or disapproval of the design of proposed subdivisions, and the kinds, nature, and extent of on site and off site improvements required in connection therewith to the planning commission and/or the city council;

5. Reporting on land use matters related to proposed subdivisions to the planning commission and/or city council, including, but not limited to, consistency with the city general plan and the zoning code (title 9 of the municipal code);

6. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land to the planning commission and/or the city council; and

7. Reviewing and making recommendations concerning proposed subdivisions in the unincorporated territory of the county of Kings in accordance with Subdivision Map Act section 66453 when the planning director has elected to do so.

D. Public Works Director: The public works director shall be responsible for:

1. Conducting investigations and reporting on the design and improvement of all proposed subdivisions and making recommendations thereon to the planning director, the planning commission, and the city council;

2. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps based upon the requirements of this chapter, the subdivision map act, title 9 of the municipal code, the general plan, or the standards, rules, or regulations adopted by the city pursuant to this chapter;

3. Such additional powers and duties as prescribed by law and by this chapter.

E. City Engineer: The city engineer (or, as required by law, the city surveyor) shall be responsible for:

1. Reviewing tentative, final, and parcel maps for compliance with the standards of this chapter, the subdivision map act, and other local or state law and providing a recommendation on such matters to the public works director and planning director;

2. Investigating requests for and recommending action on certificates of compliance as provided in section 66499.35 of the subdivision map act;

3. Completing those certificates on final and parcel maps as required by this chapter and the subdivision map act;

4. Ministerially approving or denying urban lot split parcel maps under article O, “Urban Lot Split Parcel Map”, of this chapter; and

5. All other duties as prescribed by the subdivision map act, including, but not limited to, section 66416.5.

TABLE 8-7B-2-1 APPROVING AUTHORITY

Note:

1. Requests for extension of tentative maps and amendments to conditions of approval shall be decided by the same authority that originally approved the permit.

(Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Application: Application for subdivision permits and map approvals under this chapter shall be submitted to the city as follows:

1. Applications for subdivision permits shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council.

2. Applications for final map, parcel map, and certificate of compliance shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council.

B. Concurrent Application With Planning Permits: Application for subdivision permits (lot line adjustment(s), tentative subdivision map(s), tentative parcel map(s), and vesting tentative map(s)) may be submitted concurrently with applications for planning permits as provided in title 9, “Zoning”, of the municipal code. When a proposed project requires more than one permit with more than one approving authority as identified in this chapter or in title 9, “Zoning”, of the municipal code, all project permits shall be processed concurrently, and final action shall be taken by the highest level designated approving authority for all such requested permits. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Unless otherwise provided for in this chapter, applications for subdivision permits and decisions shall be processed as follows:

A. Application And Fee: Applications for subdivision permits and decisions shall be made to the city on a form provided by the city, accompanied by those materials specified in this chapter or as otherwise required by the city, along with a filing fee as established by resolution of the city council.

B. Determination Of Completeness: Applications for subdivision permits and decisions shall be reviewed for completeness as follows. These provisions are consistent with the process provided under section 9-2A-5, "Application Requirements And Process", of the municipal code.

1. Application Completeness With Notification: Within 30 days of application submittal to the planning department, the planning director shall determine whether or not the application is complete. The planning director shall notify the applicant of the determination either that:

a. All the submittal requirements have been satisfied and the application has been accepted as complete; or

b. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

2. Application Completeness Without Notification: If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.

3. Resubmittal: Upon receipt and resubmittal of any incomplete application, a new 30 day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in subsection B1 of this section.

4. Incomplete Application: If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this chapter.

5. Right To Appeal: The applicant may appeal the determination in accordance with subsection E, “Appeals”, of this section.

C. Application Review And Report: Unless otherwise provided for in this chapter, applications for subdivision permits and decisions shall be reviewed, and a report prepared, as follows. These provisions are consistent with the process provided for under subsection 9-2A-5D, “Application Review, Report, Determination, And Conditions”, of the municipal code.

1. Project Routing: Upon acceptance of the application and either prior to or after it is deemed complete, the planning director shall forward copies of the application to affected agencies within five (5) days asking them to provide their input or comments within 15 working days.

2. Environmental Review: After determination of a complete application, the project shall be reviewed as required by the California environmental quality act (CEQA) to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.

3. Application Review: The planning director, in conjunction with the public works director, city engineer, and other agencies, shall review all applications to determine compliance with provisions of this chapter and other applicable city regulations (e.g., zoning code, general plan). The project review will include any required environmental review as required by CEQA. Pursuant to section 66452.1 of the subdivision map act, and unless extended by mutual consent of the subdivider and the city, the designated approving authority shall make a decision on the tentative map within 50 days of adopting or certifying the environmental determination for the project.

4. Staff Report: When this chapter requires planning commission or city council action, the planning director shall provide a written recommendation to the designated approving authority to either approve, conditionally approve, or deny the application. The staff report may be amended as necessary at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.

5. Report Distribution: Each staff report shall be furnished to the applicant and property owner at the same time as it is provided to the designated approving authority prior to consideration of the requested approval. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, pursuant to section 66452.3 of the subdivision map act, the report shall also be provided to the tenants of the subject property at least three (3) days prior to any hearing or action on such map.

D. Public Hearing And Public Notice: Where this chapter or the subdivision map act requires a public hearing by the designated approving authority prior to making a decision on an application for a subdivision permit or decision, a public hearing shall be held, and public notice provided, as described below. These requirements are consistent with those provided in section 9-2A-6, “Public Notice, Hearings, And Decisions”, of the municipal code.

1. Notice Of Hearing: Pursuant to California Government Code section 65091, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and include a general explanation of the matter to be considered and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

a. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.

b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the city.

c. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to the project applicant.

d. Notice of the public hearing shall be provided to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.

e. Notice of the public hearing shall be posted at city hall.

2. Requests For Notification: Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

3. Failure To Receive Notice: Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this chapter shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

4. Hearing Procedure: Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The designated approving authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be noticed again.

E. Appeals: Decisions of the designated approving authority may be appealed as provided below. These provisions are consistent with the procedures provided in section 9-2A-8, “Appeals”, of the municipal code.

1. Appeal Applicability And Authority: Any person dissatisfied with a determination or action of the planning director or planning commission made pursuant to this chapter may appeal such action to the designated appeal authority listed in table 8-7B-4-1 , “Appeal Authority”, of this section, within 10 days from the date of the action, or as otherwise provided by this chapter or the subdivision map act. Actions by the city council are final, and no further administrative appeals are available.

TABLE 8-7B-4-1 APPEAL AUTHORITY

2. Filing An Appeal: All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made, or as otherwise provided by this chapter or the subdivision map act. The appeal shall be accompanied by a filing fee established by resolution of the city council. The appeal shall be submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).

3. Notice And Schedule Of Appeal Hearings: Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of subsection D, “Public Hearing And Public Notice”, of this section.

4. Appeal Hearing And Action: Each appeal shall be considered a de novo (new) hearing, and the appeal authority may reverse, modify, or affirm the decision of the approving authority in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the approving authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by the chapter, may not be further appealed. A person may seek judicial review of a final decision of the city in accordance with applicable sections of the California Government Code or Code Of Civil Procedures.

F. Effective Date: Decisions on subdivision permits shall become effective on the eleventh day after the date of action, immediately following expiration of the 10 day appeal period. This is consistent with the procedures provided in subsection E, “Action/Determination Procedures”, of the municipal code. All other decisions shall become effective upon approval. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

If ambiguity arises concerning the meaning or applicability of the provisions of this chapter, it shall be the responsibility of the planning director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this section.

A. Rules Of Interpretation:

1. Terminology: When used in this chapter, the following rules apply to all provisions of this title:

a. Language: The words "shall", "must", "will", "is to", and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

b. Tense And Number: The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

c. Conjunctions: "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to".

2. Number Of Days: Whenever the number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

3. Minimum Requirements: When interpreting and applying the regulations of this chapter, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

B. Record Of Interpretation: Whenever the planning director determines that an ambiguity in a subdivision regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of this chapter, the planning director shall issue an official interpretation. The procedure for preparation, content, procedure, and keeping of official interpretations shall be as provided for official zoning interpretations in section 9-2B-8, "Official Zoning Interpretation", of the municipal code.

C. Appeals: Interpretations may be appealed as specified in subsection 8-7B-4E, "Appeals", of this article. (Ord. 2012-01, 4-17-2012)

A. Generally: Except as otherwise provided herein, the planning director, public works director, and city engineer are authorized and directed to enforce the provisions of this chapter and the subdivision map act for subdivisions within the city. The city attorney is authorized on behalf of the City of Lemoore to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the subdivision map act, this chapter, or the conditions and term of approvals granted thereunder.

B. Certificates Of Compliance: Applications for certificates of compliance shall be filed with the planning department. The city engineer shall be responsible for their issuance and recordation. The form of the application and requirements for a certificate of compliance shall be prescribed by the city. A nonrefundable fee in the amount established by resolution of the city council for each lot or parcel for which a certificate is sought shall accompany the application.

C. Illegal Subdivisions: No board, commission, officer, or employee of the city shall issue any certificate or permit, or grant any approval necessary to develop any real property within the city that has been divided, or which resulted from a division, in violation of the provisions of the subdivision map act or of this chapter.

Whenever the city has knowledge that real property has been divided in violation of the subdivision map act or this chapter, the city engineer shall, upon receipt of information of such violation, file the notices required by section 66499.36 of the subdivision map act and thereafter follow the procedures set forth in that section. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Purpose: This section describes the procedures and processing for certificates of compliance, consistent with the requirements of section 66499.35 of the subdivision map act.

B. Applicability: A certificate of compliance is a document, recorded by the county recorder, which acknowledges that a parcel or lot of real property (hereinafter parcel) is considered by the city to be a legal parcel or lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance from the city.

C. Application: A certificate of compliance application shall be made on a form provided by the planning department and submitted to the department. The form shall be accompanied by an application deposit or fee as established by resolution of the city council. The application shall also include a chain of title, consisting of copies of deeds beginning before the division of the property and running through to the time of application for the certificate of compliance, unless the parcel(s) in question was created through a recorded subdivision map.

D. City Review And Action: The application for certificate of compliance shall be reviewed and acted upon as provided below.

1. Planning Director Review: The planning director, in consultation with the city engineer, shall review the request and make a determination on the application as follows:

a. If the planning director makes a determination that the parcel(s) complies with the subdivision map act and this chapter, the planning director shall cause a certificate of compliance to the filed for record with the county recorder. The form of the certificate shall be as described below.

b. If the planning director determines that the parcel(s) does not comply with the provisions of the subdivision map act or this chapter, the planning director shall issue a conditional certificate of compliance. The city may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired their interest in the property and that had been established at that time by the subdivision map act and this chapter. Upon making a determination and 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 to 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 the time that a permit or other grant of approval for development of the property is issued by the City.

2. Form Of Certificate: The certificate of compliance shall identify the property, shall state that the division complies with the provisions of the subdivision map act and this chapter, and shall include all information required under section 66499.35 of the subdivision map act.

3. Effective Date: A certificate of compliance shall not become final until the document has been recorded by the county recorder.

4. Recorded Final Map Or Parcel Map: A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described in the final or parcel map. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

For the purposes of this chapter, the following terms, phrases, and words shall have the following definitions:

A. “A” Definitions:

ALLEY: A public or private way providing a secondary means of vehicular access to abutting property.

B. “B” Definitions:

BUILDING SITE: See “lot”, as defined in title 9, “Zoning”, of the municipal code.

C. “C” Definitions:

CEQA: Refers to the California Environmental Quality Act, Public Resources Code section 21000 et seq., and the state CEQA guidelines.

CITY ENGINEER: The engineer of the city of Lemoore, or his or her designee.

COUNTY: The County of Kings.

D. “D” Definitions:

DESIGNATED REMAINDER: Any unit or units of improved or unimproved land not divided for the purpose of sale, lease, or finance and designated as remainder by a subdivider for purposes of section 66424.6 of the subdivision map act.

DRIP LINE: A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.

DWELLING UNIT: A group of rooms or a single room with kitchen facilities occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, irrespective of the age of the occupant or occupants. See title 9, “Zoning”, of the municipal code.

E. “E” Definitions:

EASEMENT: A right of way offered or dedicated to the city or other public entity or a public utility for purposes of providing access to a division of land, for placing utilities, or for any other specific purpose.

F. “F” Definitions:

FINAL MAP: A map showing a subdivision of five (5) or more parcels for which a tentative and final map are required by the subdivision map act and this chapter, prepared in accordance with the provisions of the subdivision map act and this title, and designed to be filed for recordation in the office of the county recorder.

FIRE PROTECTION: Such fire hydrants and other protective measures as may be reasonably required by the city fire marshal for protection of property to be located within a subdivision.

FLOOD HAZARD: A hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

FRONTAGE ROAD: A street lying adjacent and approximately parallel to and separated from a freeway or other public street, and which affords access to abutting property.

G. “G” Definitions:

GENERAL PLAN: The general plan of the city of Lemoore.

GEOLOGICAL HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

H. “H” Definitions:

HIGHWAY: A roadway defined as a freeway in section 23.5 of the Streets And Highways Code of the state of California.

I. “I” Definitions:

IMPROVEMENT PLANS: The plans, profiles, cross sections, and specifications for all proposed improvements. Improvement plans are often referred to as civil plans.

IMPROVEMENT STANDARDS: The requirements for design and construction of improvements established by the city council as set forth in the city’s “Standard Specifications For Public Works Improvements”.

INUNDATION: Ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.

J. “J” Definitions: Reserved for future use.

K. “K” Definitions: Reserved for future use.

L. “L” Definitions:

LOOP OUT STREET: A street formed by the intersection of two (2) streets where one street curves into another to form a two-way intersection. The outside curb flares out, or loops out, to provide sufficient turning space for larger vehicles, such as fire and solid waste.

LOT: A parcel of land which is identified on a final map or parcel map recorded in the office of the county recorder of Kings County with a separate and distinct number or letter. See “lot” as defined in title 9, “Zoning”, of the municipal code.

LOT, FLAG: A parcel of land shaped like a “flag” as defined in title 9, “Zoning”, of the municipal code.

LOT LINE ADJUSTMENT: The relocation of an interior lot line between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.

LOT, THROUGH: A “lot” having frontage on two (2) parallel or approximately parallel streets, as defined in title 9, “Zoning”, of the municipal code.

M. “M” Definitions:

MOBILEHOME SPACE: Any space designated, designed, or usable for the occupancy of one mobilehome on a temporary, semipermanent, or permanent basis.

MULTIPLE-FAMILY DWELLING: A building or portion thereof designed for occupancy by three (3) or more families living independently of each other, but under one roof. See “dwelling, multi-family” as defined in title 9, “Zoning”, of the municipal code.

N. “N” Definitions: Reserved for future use.

O. “O” Definitions: Reserved for future use.

P. “P” Definitions:

PARCEL MAP: A map showing a subdivision of four (4) or fewer parcels, as required by the subdivision map act and this chapter, prepared in accordance with the provisions of the subdivision map act and this chapter, and designed to be filed for recordation in the office of the county recorder. This excludes a remainder parcel and may be greater than four (4) parcels if certain exceptions apply.

PLANNED DEVELOPMENT: A real property development other than a condominium project, or a stock cooperative, having either or both of the following features: (a) Common area that is owned either by an association or in common be the owners of the separate interest who possess appurtenant rights to the beneficial use and enjoyment of the common area. (b) Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 6808) of Chapter 7 of Civil Code.association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 6808) of Chapter 7 of Civil Code.

PLANNING DIRECTOR: The planning director of the City of Lemoore, or his or her designee.

PRIVATE ROAD EASEMENT: A parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the county recorder.

PUBLIC FACILITIES MAINTENANCE DISTRICT: Any assessment district formed for the purposes of financing the maintenance of public facilities, as provided in title 7, chapter 10, “City Maintenance Districts”, of the municipal code.

PUBLIC WAY: Any street, highway, alley, pedestrian way, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right of way, or other way in which the public use has a right of use.

PUBLIC WORKS DIRECTOR: The public works director of the City of Lemoore, or his or her designee.

Q. “Q” Definitions: Reserved for future use.

R. “R” Definitions:

ROADWAY: That portion of a right of way for a street, highway, or alley designed or used predominately to accommodate the movement of motor vehicles.

S. “S” Definitions:

SINGLE-FAMILY DWELLING UNIT: A detached building designed exclusively for occupancy by one family. See “dwelling, single- family” as defined in title 9, “Zoning”, of the municipal code.

SPECIFIC PLAN: A plan for a specific plan as described in title 9, “Zoning”, of the municipal code.

STREET, ARTERIAL: A street that is used or is intended to be used as the principal route of traffic flow, connecting areas of major traffic generation to highways and county roads.

STREET, COLLECTOR: A street that is used or is intended to be used for the principal purpose of collecting traffic from local streets and transferring it to arterial streets or highways.

STREET, CUL-DE-SAC: A street that terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

STREET, DEDICATED: A right of way dedicated to the city and legally accepted by the city council for public use as a street.

STREET, LOCAL: Any street other than a collector street, arterial, or freeway that provides direct access to abutting properties and serves local versus through traffic. Also used to mean a street that is used or is intended to be used for the principal purpose of serving as access to abutting properties.

STREET, PRIVATE: A street privately owned and maintained (e.g., by a homeowners’ association) and approved by the city council for street purposes, which has not been dedicated or accepted as a public street and which connects parcels or lots with a public street.

STREET, PUBLIC: Any street which is dedicated or proposed to be dedicated for public use and is maintained or proposed to be maintained by the city, the county, or the state.

STREET, STUB: A street that terminates at the boundary line of a subdivision but is intended and designed to be extended at a later date to provide access to abutting parcels or lots.

SUBDIVIDER: A person, firm, corporation, partnership, or association, as defined in section 66423 of the subdivision map act, who proposes to divide, divides, or causes to be divided real property into a subdivision for themselves or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers”.

SUBDIVISION: The division, by any subdivider, 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 as defined in section 66424 of the subdivision map act.

SUBDIVISION MAP ACT: The subdivision map act of the state of California, Government Code section 66410 et seq., inclusive, as that act currently provides or is subsequently amended.

T. “T” Definitions:

TEMPORARY TURNAROUND: A paved area for turning vehicles at the end of a dead end street, which is constructed either within the dedicated right of way or upon a temporary easement and which is intended to be replaced or removed after a period of time.

TENTATIVE MAP: A map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it. See article F, “Tentative Maps”, of this chapter.

TWO-FAMILY DWELLING UNIT: A detached building designed exclusively for occupancy by two (2) families living independently of each other, but under one roof. See “dwelling, two-family” as defined in title 9, “Zoning”, of the municipal code.

U. “U” Definitions:

URBAN LOT SPLIT: A subdivision of an existing lot within a single-family residential zoning district into no more than two new parcels that meet all of the requirements set forth in Government Code section 66411.7 and article O, “Urban Lot Split Parcel Map” of this chapter.

V. “V” Definitions:

VEHICULAR ACCESS RIGHTS: The right of vehicular access of owners or occupants of abutting lands to a public way.

VESTING TENTATIVE MAP: A tentative map which shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed, in accordance with article H, “Vesting Tentative Maps”, of this chapter. Consistent with sections 66498.1(b) and 66474.2(a) of the subdivision map act, approval of a vesting tentative map confers 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 application is complete.

VOLUNTARY PARCEL MERGER: The joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

W. “W” Definitions:

WATER SUPPLY: Such water supply and distribution facilities as are necessary to provide a reliable and adequate water supply for appropriate residential, commercial, and industrial use and for public and private fire protection purposes.

X. “X” Definitions: Reserved for future use.

Y. “Y” Definitions: Reserved for future use.

Z. “Z” Definitions:

ZONING CODE: The zoning code of the City of Lemoore, Title 9 of the municipal code, and revisions thereto.

(Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)