Lemoore Municipal Code Art. C Division of Land; Required Maps

The purpose of this article is to establish the types of maps that are required for the division of land in the city. (Ord. 2012-01, 4-17-2012)

A. General Requirements: Generally, the division of land creating five (5) or more parcels requires the preparation and approval of a tentative map (referred to as a tentative subdivision map) and the subsequent preparation, approval, and recordation of a final map as described in this chapter. Those specific types of land division requiring a tentative subdivision map and final map are described in subsection B of this section.

When the division of land does not require the preparation of a tentative subdivision map and a subsequent final map pursuant to section 66426 of the subdivision map act, a parcel map shall instead be required (e.g., the creation of 4 or fewer parcels). The process for preparation, approval, and recordation of parcel map shall be as described in this chapter. In certain circumstances, as provided in subsection C of this section, a tentative parcel map shall be prepared and approved prior to the parcel map. Additionally, and separate from the tentative parcel map process and as provided under section 66428(b) of the subdivision map act, the requirement for a parcel map may be waived by the city pursuant to the provisions of section 8-7G-12, "Waiver Of Parcel Map", of this chapter.

Lastly, there are, as provided in the subdivision map act, a class of subdivisions that are exempt entirely from the requirements of a tentative map, final map, or parcel map. Those classes of subdivisions are described in subsection D of this section.

B. Divisions Of Land Requiring A Tentative Subdivision Map And Final Map And Exemptions Thereto: As provided in section 66426 of the subdivision map act, a tentative subdivision map and a final map shall be required for all divisions of land where the land will be divided into five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units except where:

1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than one-quarter of a one-quarter section; or

5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to section 66418.2 of the subdivision map act.

C. Divisions Of Land Requiring A Parcel Map And Those Specific Divisions Also Requiring A Tentative Parcel Map: The division of land in a manner that does not require a tentative subdivision map and final map as provided in subsection B of this section shall require the preparation of a parcel map. This specifically includes the division of land into four (4) or fewer parcels and those divisions of land described in subsections B1 through B5 of this section. Generally, only a parcel map shall be required and the preparation of a tentative parcel map shall be prepared at the option of the subdivider (section 66428(c) of the subdivision map act); however, if the proposed division of land meets any of the following qualifications, a tentative parcel map shall also be prepared and approved prior to the preparation, approval, and recordation of the final parcel map. This section shall not limit the subdivider, upon their own decision, to elect to submit for a tentative parcel map prior to a parcel map where a tentative parcel map is not required by this chapter.

1. The proposed subdivision is greater than twenty (20) acres.

2. The proposed subdivision involves the relocation or abandonment of existing easements or rights of way held by the city or another public agency.

3. The parcel map, as presented, cannot be approved by the city for recording without the imposition of conditions of approval to ensure consistency with the general plan, this code, the city's improvement standards, or address other issues of public safety.

D. Projects Exempt From Map Requirements: As provided by state law, the following divisions of land are specifically exempt from the requirements of a tentative map, final map, or parcel map:

1. Lot line adjustments between four (4) or fewer existing adjoining parcels and where a greater number of parcels than originally existed is not being created. The lot line adjustment shall be reflected in a recorded deed. No record of survey shall be required unless otherwise required by section 8762 of the Business And Professions Code. The procedure for a lot line adjustment shall be as provided in article D, "Lot Line Adjustments", of this chapter.

2. Subdivisions of a portion of the operating right of way of a railroad corporation, defined by section 230 of the state Public Utilities Code, which are created by short term leases terminable by either party on not more than thirty (30) days' notice in writing.

3. Land conveyed to or from a governmental agency, public entity, or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights of way, unless a showing is made by the department in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

4. Any other actions specifically excluded from section 66412 et seq., of the subdivision map act. (Ord. 2012-01, 4-17-2012)