Lemoore Municipal Code Art. I Reversions

The purpose of this article is to describe how subdivided property may be reverted to acreage, and merged and unmerged, pursuant to the provisions of the subdivision map act. (Ord. 2012-01, 4-17-2012)

Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the real property or by the city council on its own motion.

A. By Owners: In the case of initiation by the owners, the petition shall be submitted to the planning division and shall contain the following information:

1. Evidence of title to the real property within the subdivision.

2. A final map or parcel map consistent with the requirements of article G, “Final Maps And Parcel Maps”, of this chapter, and which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, “The purpose of this map is a reversion to acreage”.

3. Such other additional data as required by the city.

4. Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the city council.

B. By City Council: The city council may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

The notice, hearing, and procedural requirements for review of a tentative map requiring city council approval shall be followed in connection with the review of a proposed reversion to acreage, provided that, upon the conclusion of the hearing before the city council, the city council may approve the reversion to acreage and take final action on the final map or parcel map. (Ord. 2012-01, 4-17-2012)

Subdivided property may be reverted to acreage only if the city council finds that:

A. Dedications or offers of dedication to be vacated or abandoned by the reversions to acreage are unnecessary for present or prospective public purposes; and

B. Either:

1. All owners of an interest in the real property within the subdivision have consented to reversion, or

2. None of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or

3. No lots shown on the final map or parcel map have been sold within five (5) years from the date such map was filed for record. (Ord. 2012-01, 4-17-2012)

The city council may require the following as conditions of the reversion:

A. The owners dedicate or offer to dedicate streets, public rights of way, or easements;

B. The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the subdivision map act or this chapter;

C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the subdivision map act or this chapter or necessary to protect the public health, safety, or welfare. (Ord. 2012-01, 4-17-2012)

Upon approval of the reversion to acreage, the city clerk shall transmit the final map or parcel map, together with the city council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the final map or parcel map being filed for record by the county recorder. (Ord. 2012-01, 4-17-2012)

Except as provided in article E, “Voluntary Parcel Merger”, of this chapter for merger of contiguous parcels under common ownership, subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by this chapter and the subdivision map act. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Except as provided otherwise in this article, the requirements for the merger and unmerger of parcels shall be as set forth in the subdivision map act. (Ord. 2012-01, 4-17-2012)

ARTICLE J. SUBDIVISION DESIGN STANDARDS

SECTION:

The purpose of this article is to establish specific design standards and requirements for the subdivision of land in the city, consistent with the goals and policies set forth in the general plan. (Ord. 2012-01, 4-17-2012)

The provisions of this article shall apply to all subdivisions, in addition to other standards of this code, including title 9, "Zoning", of the municipal code. The design of proposed subdivisions shall be reviewed for consistency with these standards as part of the review and consideration of the tentative map. (Ord. 2012-01, 4-17-2012)

A. Lot Area: Proposed lots shall comply with the minimum lot area requirements, where applicable, for the underlying property as described in the general plan and zoning code.

B. Lot Orientation: Subdivision design shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision as provided in section 66473.1 of the subdivision map act as follows:

1. Passive or natural heating opportunities, such as lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure; and

2. Passive or natural cooling opportunities, such as lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

C. Frontage, Width, And Depth:

1. All lots shall have frontage on a public or private street.

2. Proposed lots shall comply with the minimum frontage requirements, lot widths, and lot depths, as applicable, described in title 9, “Zoning”, of the municipal code, for the property.

3. Double frontage lots shall be avoided.

D. Block Configuration: Blocks shall be designed to allow for adequate building sites for the type of use proposed; to allow for convenient pedestrian and vehicular circulation, access, traffic control and safety; and with regard to limitations created by topography.

1. Generally, maximum block length shall be 500 feet; except

2. Blocks with single-family residential uses may be up to 600 feet long, or up to 750 feet long when mid-block pedestrian connections are provided.

E. Development Density: The density of proposed development shall be consistent with the allowable density as described in the city’s general plan and consistent zoning. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Lot Access:

1. Each local street providing access to lots within a subdivision shall connect directly to or by way of one or more local streets to a collector street or arterial street.

2. Each route of access to collector streets or arterial streets and its point of connection therewith shall be adequate to safely accommodate the composition and volume of vehicular traffic generated by the land uses that it serves. However, residential subdivisions shall be designed to encourage vehicle speeds less than 25 miles per hour and traffic volumes less than 500 average daily traffic (500 ADT).

3. In determining the adequacy of a route of access, the deployment of fire equipment or other services under emergency conditions shall be considered.

4. A tentative map that makes use of a local street that passes through a predominantly residential neighborhood as a route of access to industrial, commercial, or other subdivisions generating traffic that would conflict with the residential character of the neighborhood may be denied.

5. A frontage road, or through or side-on lots, or other types of limited access layout may be required where a subdivision adjoins or contains an existing or proposed freeway or arterial street. To accomplish the purpose of this section, waivers of vehicular and pedestrian access rights to the freeway or arterial street will be required.

B. Roadway Network Design: The alignment of streets shown on a tentative map shall be consistent with the general plan and any applicable specific plan, and as follows:

1. Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided.

2. The realignment of streets in contemplation of the development, or use of adjoining property, and the provision of streets or dead end street extensions to facilitate the subdivision of adjoining property may be required.

3. Permanently dead ended streets (except cul-de-sacs as defined in these regulations) are prohibited. When a street is temporarily dead ended, a barricade or temporary turning area or temporary connection to another street may be required. Permanent turnarounds may be required at the end of dead end streets where the future extension of the street is remote.

4. The use of cul-de-sacs shall be limited to no more than ten percent (10%) of the length of all streets in a subdivision.

5. The use of loop out streets is encouraged over cul-de-sacs.

6. All streets shall intersect or intercept each other so that for a distance of at least 100 feet back from the intersection all streets are approximately at right angles to each other.

7. Street alignment shall provide for streets entering opposite each other to have their centerlines directly opposite. Where this is not possible, street jogs shall have a minimum centerline offset of 180 feet. No jogs shall interrupt the continuity of a major or collector street.

8. A subdivision of 40 or more lots shall have at least two (2) points of ingress/egress, unless otherwise allowed by the designated approving authority. Additional points of ingress/egress may be required through the site plan review process for a subdivision of 100 or more lots.

9. All street cross sections shall be consistent with those specified in the general plan.

C. Roadway Design To Conform To City Improvement Standards: The design of public roads within subdivisions (e.g., roadway cross sections) shall conform to the City’s adopted improvement standards and to the satisfaction of the City, unless expressly deviated at the time of approval of the tentative map, or where a special cross section is required to conform to an adopted planned street line, an applicable specific plan, an existing street, or cross sections in the general plan depending on surrounding conditions.

D. Sidewalks: All new residential subdivisions shall conform to the City’s adopted improvement standards. The new subdivisions may utilize either parkway style sidewalks (e.g., sidewalks separated from the curb by a landscaped area), or “monolithic” or attached sidewalks. Either type of sidewalk must remain in compliance with the City’s design standards.

E. Street Landscaping: Streets shall be provided within landscaping consistent with the City’s adopted improvement standards and to the satisfaction of the City. Street trees (trees within the public right-of-way) shall be planted as required by title 9, chapter 5, article D1, “Landscaping Standards”, of the municipal code. (Ord. 2018-03, 5-15-2018; amd. Ord. 2012-01, 4-17-2012; Ord. 2023-11, 9-19-2023)

A. Availability Of Service: All public utilities, including water, sewer, storm drainage, telecommunication, power, and gas, shall be of adequate capacity to meet the demand of the subdivision.

B. Location Of Utilities: All public utilities shall be located either in the public right of way or in public utility easements of sufficient width as determined by the city engineer.

C. Utilities To Be Undergrounded: All proposed utilities within or adjacent to the subdivision shall be provided underground. Any existing utility located within or adjacent to the subdivision shall also be made underground except transmission lines of 70 kilovolts- ampere or larger. The Public Works Director may waive this requirement upon finding that the undergrounding would not result in a public benefit.

D. Centralized Mail Service: Where necessary, easements shall be provided for centralized postal service facilities within subdivisions. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Grading: Grades of all streets shall be consistent with adequate surface drainage requirements and the approved grading plan of the proposed subdivision.

B. Drainage: All lots shall be graded to provide adequate, positive drainage in accordance with the city’s adopted improvement standards. Drainage across property lines will not be allowed unless the city engineer determines that there is no practical alternative and appropriate easements are provided to the satisfaction of the city engineer. Provisions shall be made during construction for proper erosion control, including the prevention of sedimentation or damage to off-site property. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

ARTICLE K. SURVEY AND MONUMENTS

SECTION:

The purpose of this article is to provide the requirements and standards for survey work of, and placement of monumentation within, subdivisions at the time of final map or parcel map recordation. (Ord. 2012-01, 4-17-2012)

The procedure and practice for the survey of any land subject to a final map or parcel map shall conform to the standard practices and principles of land surveying, section 8771 of the business and professions code of the professional land surveyors’ act , and the requirements listed below.

A. Preparation Of Survey And Documentation: All documents related to the survey shall be signed by a California licensed land surveyor or registered civil engineer authorized to practice land surveying.

B. Survey Monuments: Whenever the city has established a system of coordinates that is within a reasonable distance of the proposed subdivision, as determined by the city, the field survey shall be tied to the established monumentation system.

C. Traverse: The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one (1) foot to 10,000 feet of perimeter before balancing the survey.

D. Field Documentation: When required by the city, the land surveyor or registered civil engineer authorized to practice land surveying preparing the survey shall prepare and submit to the city complete field notes, in a form satisfactory to the city engineer, showing references, ties, locations, elevations, and other necessary data relating to monuments. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

In surveying the subdivision, the land surveyor or registered civil engineer authorized to practice land surveying shall set sufficient monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the land surveyor or registered civil engineer authorized to practice land surveying for all new subdivisions requiring a final map or parcel map, unless waived by the city engineer, in compliance with this section.

A. Boundary Monuments:

1. Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves. The locations of inaccessible points may be established by ties and shall be so noted on the final map or parcel map.

2. All exterior boundary monuments shall be set prior to recordation of the final map or parcel map, or as certified on the final map or parcel map.

B. Interior Monuments: Whenever interior monuments are required, the monuments shall be set at:

• 1. All block and lot corners and angle points;
• 2. The beginnings and ends of curves;
• 3. Points of intersection with centerlines of other existing and proposed streets and alleys; and
• 4. The points of intersection with the exterior boundary lines.

C. Monument Type And Position: All monuments set in the course of the survey shall be as specified by the city engineer and shall be set to the depth and in the manner prescribed by the city engineer.

D. Identification Of Monuments: All monuments shall be permanently and visibly marked or tagged with the registration or license number of the land surveyor or registered civil engineer’s authorized to practice land surveying who signs the engineer’s or surveyor’s certificate and under whose supervision the survey is made.

E. Replacement Of Damaged Or Destroyed Monuments: Any monument which is damaged or destroyed before acceptance of all improvements by the city shall be replaced by the land surveyor or registered civil engineer authorized to practice land surveying of record.

F. Timing of Monument Installation: The timing of the installation of a monument shall be in compliance with sections 66495 and 66496 of the subdivision map act.

G. Notice Of Completion: Within five (5) days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and the city engineer that the final monuments have been set. Verification of payment to the land surveyor or registered civil engineer authorized to practice land surveying shall be filed as required by section 66497 of the subdivision map act. The cost of setting monuments shall be included in the engineer’s estimate for improvements in compliance with subsection 8-7M-2C of this chapter. If security is provided for monumentation, this amount of the security may be released upon verification of the setting of the monuments by the city.

H. Inspection And Approval: All monuments shall be subject to the inspection and approval of the city engineer.

I. Survey Information To Be Shown On Final Map Or Parcel Map: The following survey information shall be shown on each final map or parcel map for which a field survey was made in compliance with this chapter:

1. Monuments (together with their precise position and description), or other evidence found on the ground, to determine the boundaries of the subdivision.

2. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers, and pages of record, or by section, township, and range, or other proper designation.

3. The location and description of any required monuments to be set after recordation of the final map, and the statement that they are “to be set”.

4. Bearing and length of each lot line, block line, and boundary line and each required bearing and distance.

5. Length, radius, and angle of each curve and tangent and the bearing of each radial line to each lot corner on each curve.

6. The centerlines of any street or alley in or adjoining the subdivision which have been established by the city, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated.

7. Any other survey data or information as may be required to be shown by the city or by the provisions of this chapter. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)