Lemoore Municipal Code Art. M Improvements

The purpose of this article is to establish a review and permit process for the construction of physical improvements to land such as streets, sewers, and other utilities. The intent is also to establish a process for allowing a final map or parcel map to be recorded prior to the completion of required improvements upon execution of certain agreements and/or security. (Ord. 2012-01, 4-17-2012)

A. Applicability: After the approval of the final map or parcel map, or a land use permit or building permit requiring the installation of improvements, the subdivider shall construct or install all improvements in streets, alleys, pedestrian ways, bike paths and trails, channels, easements, and other rights of way as are necessary for the general use of the subdivision, to meet local traffic and drainage needs in accordance with the provisions of this article, and to satisfy the conditions of approval of the tentative map.

B. Improvement Design: The construction of public improvements, including materials and methods, shall conform to the standard plans and specifications of the city as adopted by resolution of the city council.

C. Review And Processing Of Improvement Plans: Before the construction of any improvements, the subdivider or developer shall submit plans to the city as follows:

1. Preparation And Content: Improvement plans shall be prepared by a registered civil engineer licensed to practice in the state of California. Improvement plan submittals shall include the following information:

a. Any drawings, specifications, calculations, design reports, and other information required by the city engineer in compliance with the city's standard specifications and plans;

b. Utility master plans (water, sewer, and storm drainage) as approved by the public works director;

c. Grading, drainage, erosion and sediment control, and a stormwater pollution prevention plan (SWPPP) for the entire subdivision for review and approval by the public works director;

d. Soils report, if not previously submitted;

e. Landscape and irrigation plans for any landscaping installed along streets or in public areas;

f. The improvement plan/specification checking and construction inspection fees as required by resolution of the city council; and

g. A detailed engineer's cost estimate of all improvements upon:

(1) The submittal of initial improvement plans; and

(2) The approval of improvement plans.

2. Submittal Of Plans: Three (3) sets of improvement plans shall be submitted to the planning department, along with the application deposit as established by resolution of the city council.

3. Review And Approval: Improvement plans shall be reviewed and approved, conditionally approved, or denied by the planning director, public works director, and city engineer within the time limits provided by section 66456.2 of the subdivision map act. The city engineer will review the plans based on sound engineering practices, design standards, and applicable city policies. The public works director will review the plans to ensure conformance with the city's public works standards. The planning director will review the plans to determine compliance with the approved tentative map, conditions of approval, and the city's general plan and any applicable specific plans. Comments, if any, shall be forwarded to the subdivider in a timely manner.

4. AutoCAD file. Upon approval of plans, the developer shall submit an AutoCAD file (latest version) of all improvements for the City’s incorporation into the City Geographic Information System.

5. Effect of Approval: The final approval of improvement plans shall generally be required before approval of a final map or parcel. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

6. Changes to Approved Plans: Any changes to approved plans shall be reviewed and action upon consistent with subsection G of this section.

D. Timing of Improvements: Except as listed below, required improvements shall be constructed or otherwise installed after approval of the improvement plans and before the approval of the final map or parcel map, or before final building inspection or any certificate of occupancy.

1. Improvements are deferred in compliance with section 8-7M-4, "Improvement Deferral", of this article; or

2. Improvements are required as a condition of approval of a subdivision of four (4) or fewer lots, in which case improvements shall be as required under section 66411.1 of the subdivision map act.

E. Inspection of Improvements: The city engineer shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

F. Correction of Deficiencies: The developer shall be responsible for correcting any deficiencies identified during the construction process.

G. Revisions To Approved Plans: Revisions to approved improvement plans may be proposed, and shall be reviewed and approved or disapproved by the city engineer as follows:

1. Requests by the subdivider or project engineer for revisions to the approved plans shall be submitted in writing to the city engineer and shall be accompanied by revised drawing(s) showing the proposed revision. If the revision is acceptable, the original shall be returned to the subdivider and project engineer for revising. The revised plans shall be immediately transmitted to the city engineer for initialing. Construction of any proposed revision will not be permitted to commence until revised plans have been initialed by the city engineer.

2. When revisions are deemed necessary by the city engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and project engineer. The subdivider's engineer shall revise the plans and transmit the original to the city engineer for initialing within the time specified by the city engineer.

H. Acceptance Of Improvements:

1. Verification: Before acceptance for maintenance or final approval by the city council of development improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications, and the developer shall provide deeds for dedication of easements or rights of way.

2. Acceptance: After all items are completed and all items on the deficiency list have been corrected and as built improvement plans received, the city council shall accept the subdivision improvements.

3. Notice Of Completion: If the subdivision is accepted by the city, the city clerk shall file a notice of completion with the county recorder. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity, or number for the benefit of property not within the subdivision, and that said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by section 66486 of the subdivision map act will be contained in the subdivision improvement agreement or in a separate reimbursement agreement between the city and the subdivider. (Ord. 2012-01, 4-17-2012)

A. Right To Defer Improvements And Requirement To Enter Into Improvement Agreement: Prior to approval of the final map, all public improvements shall be completed in accordance with approved improvement plans to the satisfaction of the city engineer or, as a condition of the final map, the subdivider shall enter into a subdivision improvement agreement with the city, in the form prepared by and approved by the city, to ensure timely completion of the improvements at his expense. All public improvements required by the agreement shall be completed to the satisfaction of the city engineer prior to the occupancy of any structures in the subdivision.

B. Form, Filing, And Term Of Improvement Agreement:

1. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this section. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or the parcel map.

2. The recorded improvement agreement shall be on file with the city clerk prior to recordation of the final map or parcel map.

3. The term of the improvement agreement shall begin on the date of filing of the final map or parcel map and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the city engineer.

C. Minimum Requirements For Improvement Agreement: The improvement agreement shall include all of the following provisions as minimum terms and conditions of the agreement:

1. Mutually agreeable terms to complete all required improvements at the subdivider's expense;

2. A provision that the subdivider shall comply with all requirements of these regulations, of this code, and of other applicable laws, and with all terms and conditions of required improvement permits;

3. A statement indicating a period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work;

4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the city in completing such work;

5. Provision for the repair and replacement of defective material and workmanship of said improvements by the subdivider for a period of twelve (12) months after the improvements have been accepted by the city engineer;

6. Provision for the inspection of all improvements of the subdivision by the city engineer for a period of twelve (12) months after said improvement acceptance date;

7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city; and

8. A description of all lands within the exterior boundaries of the subdivision.

D. Optional Components For Improvement Agreement: The improvement agreement may also include the following provisions and other additional items, terms, and conditions as may be determined necessary by the city to carry out the intent and purposes of these regulations:

1. Provision for the repair, at the subdivider's expense, of any damage to public streets that may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

2. Mutually agreeable terms to acquire public easements or dedications that are outside the boundaries of the subdivision at the subdivider's expense;

3. Mutually agreeable terms to improve, at some undetermined future date, easements or dedications offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate cash bond in the manner prescribed by subsection E of this section; and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to this article;

4. Provision for reimbursement to be paid to the subdivider under the provisions of section 66486 of the subdivision map act;

5. Provision for the setting of required monuments after the recordation of the final map or parcel map; and

6. Provision for the method of payment of any fees imposed by this article.

E. Improvement Security: Where an improvement agreement is entered into prior to the recordation of a final map or parcel map, the improvements shall be secured by the subdivider as part of the improvement agreement. Improvement security shall be provided and released consistent with the requirements below.

1. Form Of Security: Security shall be provided in one or more of the following forms, consistent with section 66499 of the subdivision map act and in a form satisfactory to the city:

a. Bond or bonds by one or more duly authorized corporate sureties;

b. A deposit, either with the city or a responsible escrow agent or trust company, at the opinion of the city, of money or negotiable bonds of the kind approved for securing deposits of public monies;

c. An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution;

2. Amount Of Security: Security shall be provided in the following amounts:

a. Performance security (performance): An amount of one hundred percent (100%) of the total city engineer approved estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed; and

b. Payment security (labor and materials): An amount of fifty percent (50%) of the total city engineer approved estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and

c. Warranty security: An amount of ten percent (10%) of the total city engineer approved estimated cost of the improvement to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished.

3. Changes In Approved Improvements: When the approved improvement plans are changed and are to be approved by the city after surety is provided, the approval of the changes shall be conditioned, and shall not be fully exercised, until the surety is modified consistently. No increase in surety shall be required if the changes do not exceed ten percent (10%) of the original estimated costs of the improvements.

4. Nonprofit California Corporations: Pursuant to section 66499.3 of the subdivision map act, entities that are California nonprofit corporations, funded by the United States Of America or one of its agencies, or funded by the state of California or one of its agencies, are exempt from the requirements of subsections E1a and E1b of this section, provided they meet and fulfill the alternative security requirements specified in section 66499.3(c) of the subdivision map act.

5. Release Of Improvement Security Generally: Improvement security shall be released upon completion of the improvements as follows:

a. Performance Security: The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the city engineer. Such acceptance shall occur when the certificate of completion is signed by the city engineer. If a warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

b. Payment Security: Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six (6) months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the city. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

c. Warranty Security: The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.

d. Release Not Applicable To: Pursuant to sections 66499.7 and 66499.9 of the subdivision map act, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses, or fees, including reasonable attorney fees.

6. Release Of Security Through Assessment District Proceedings: If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city by the amount corresponding to the amount of such bonds furnished by the contractor. See title 7, chapter 10, “City Maintenance Districts”, of the municipal code for details regarding establishment and use of maintenance and assessment districts. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

ARTICLE N. DEDICATIONS OF LAND FOR PARKS AND RECREATION FACILITIES

SECTION:

This article is enacted pursuant to the authority granted by section 66477 of the subdivision map act. The park and recreational facilities for which dedication of land and/or payment of fee is required shall be in accordance with the parks, schools, and community facilities element of the general plan. Land dedication under this article shall conform to the city general plan, to any adopted specific plan, and to the applicable provisions of section 66477 of the subdivision map act. (Ord. 2012-01, 4-17-2012)

A. Park Land Required: As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this article.

This requirement for land dedication and/or in-lieu fee shall be separate from any park impact fee established by resolution of the city council to address improvements to existing parks and construction of new parks as is necessary to support the increase in population provided through new development.

B. Exemptions: The provisions of this article shall not apply to subdivisions:

1. Not used for residential purposes, provided, however, that a condition shall be placed on the approval of such subdivision that if a building permit is requested for construction of a residential structure or structure on one or more of the parcels within four (4) years of the filing of the map, the owner of each such parcel shall be required to pay an in-lieu fee pursuant to this article, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map.

2. To permit separate ownership of two (2) or more existing residential dwelling units when all such units are more than five (5) years old, and no new units are added. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Dedication Standards: It is found and determined that the public interest, convenience, health, welfare, and safety require that no less than six (6) acres of property for each 1,000 persons residing within the city be devoted to local recreation and park purposes. This standard shall be broken down as follows:

1. New Development Park Land: A standard of five (5) acres per each 1,000 persons for landscaped open spaces, parks, trail systems, and/or special community service facilities in new residential developments; and

2. Citywide Park Land: A standard of one acre per each 1,000 persons, to be met with an impact fee, for city owned and operated parks and special recreation areas that serve all residents.

B. When Park Land Dedication Is Required: Where a recreational or park facility has been designated in the general plan or a specific plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local recreation or park facility sufficient in size and topography to serve the residents of the subdivision.

C. Calculation Of Required Park Land Dedication For New Development:

1. The amount of land to be dedicated shall be determined according to the formula D x F = A in which:

D = the number of dwelling units

F = a “factor” herein described

A = the buildable acres to be dedicated

2. A “buildable acre” is a typical acre of the subdivision, with a slope less than ten percent (10%), and located in other than an area on which building is excluded because of flooding, public rights of way, easements, or other restrictions.

3. The factors below are constants that, when multiplied by the number of dwelling units permitted in the subject area, will produce five (5) acres of new development park land per 1,000 population:

FS = .0160 relating to single-family dwelling units

FT = .0148 relating to two-family dwelling units

FM = .0127 relating to multiple-family dwelling units

Fmh = .0174 relating to mobilehome dwelling units

4. The factors in subsection C3 of this section shall be updated from time to time with the latest data available from the United States census which has a low margin of error. As of the 2000 census, this information was available from tables H032 (tenure by units in structure) and H033 (total population in occupied housing units by tenure by units in structure) of summary file 3.

The factors shall be calculated based upon the following equation:

The household size shall be determined based upon the total population in each dwelling category (table H033) divided by the total number of occupied units in that dwelling category (table H032).

Note that the census uses a greater range of unit types than that used in this article. Table 8-7N-3-C-1 of this section describes how the census unit types are converted into the four (4) unit types used in this article.

TABLE 8-7N-3-C-1 CENSUS UNITS CONVERSION TO PARK LAND UNITS

D. Determination Of The Number Of Dwelling Units On Multi-Family Parcels: Unless the subdivider enters into an agreement with the city for a lower density, the number of dwelling units on multi- family parcels shall be based on the maximum development potential allowed by right based upon the general plan land use map and the gross acreage of the parcel.

E. Required Improvements On Dedicated Land: The subdivider shall provide all of the following prior to the city accepting the park land dedication:

1. Provide full street improvements, including, but not limited to, curbs, gutters, street paving, traffic control devices, streetlights, and sidewalks, to land which is dedicated pursuant to this article;

2. Provide improved surface drainage through the site; and

3. Provide other improvements which the designated approving authority determines to be essential to the acceptance of the land for recreational purposes. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Ability To Pay Fee: A new development may pay a fee in lieu of dedicating land for park land if:

1. There is no park or recreational facility designated in the city’s general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, and/or where the designed approving authority requires the payment of in-lieu fees; or

2. The proposed subdivision contains 50 parcels or less.

B. Formula For Fees: When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value as described below, plus 48 percent for off-site improvements such as utility line extensions, curb, gutter, and pavement, and streetlights.

For purposes of calculating the in-lieu fee under this section, the fair market value shall be determined in the following manner:

1. The subdivider shall request that an appraisal be prepared pursuant to the procedures set forth below and shall pay the in-lieu fee based upon the fair market value established in that appraisal.

2. Upon request of the subdivider, the city shall cause an appraisal to be made. The appraisal shall be made at the subdivider’s expense, payable to the city in advance, by a person on the city’s list of approved appraisers, who will be qualified as a certified general real estate appraiser by the California office of real estate appraisers and shall meet the standards specified in the uniform standards of professional appraisal practice. The appraiser shall appraise the property at its unencumbered (free and clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid off in full prior to the date of appraisal. Factors to be considered during the evaluation shall include the following:

a. Conditions of the tentative map;

b. The general plan;

c. Zoning and density;

d. Property location;

e. Off-site improvements facilitating use of the property;

f. Site characteristics of the property;

g. Existing public improvements.

The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value of the property.

C. Use Of Fees: Fees collected pursuant to this section shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds, and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

The city has, through its general plan, established a goal of providing one acre for each 1,000 persons for city owned and operated parks and special recreation areas that serve all residents. This requirement shall be satisfied through the payment of a fee in lieu of any dedication requirement. The fee shall be as established by resolution of the city council. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Any fee collected under this article shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 2012-01, 4-17-2012)

The city may grant credits for privately owned and maintained open space or local recreation facilities, or both, in planned developments as defined in section 11003 of the Business And Professions Code, condominiums as defined in section 783 of the Civil Code, and other common interest developments, as provided in this section.

A. Amount Of Credit: Credit shall not exceed 25% of the total required dedication or fee, or both, otherwise required by this article for the subdivision, and shall be deducted from the dedication or fees, or both, otherwise required.

B. Qualifying Credits: The city allows all of the following land or facilities as private open space credit, provided such land or facilities are held in a recorded easement by the city:

1. “Open spaces”, which are generally defined as parks, extensive areas with tree coverage, when such areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;

2. “Court areas”, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard surfaced areas especially designed and exclusively used for court games;

3. “Recreational swimming areas”, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, including decks, lawn area, bathhouse, or other facilities developed and used exclusively for swimming and diving;

4. Recreation buildings, designed and primarily used for the recreational needs of the residents of the development; and

5. “Special areas”, which are generally defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorcycle/bicycle trails, including pedestrian walkways separated from public roads, planting strips, improved access or right of way in excess of requirements, and similar type open space or recreational facilities which, in the sole judgment of the city, qualifies for a credit.

C. Procedure For Allowing Credit: Credit under this section may be allowed at the discretion of the designated approving authority for the subdivision at the time of tentative map approval if it can be shown that the allowance of the credit is consistent with the policies of the general plan. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

If, during the period between dedication of land for park purposes and the commencement of first stage development, circumstances arise that indicate that another site would be more suitable for park or recreational purposes serving the subdivision, by mutual agreement of the subdivider or owner and the city council, the land may be sold upon the approval of the city council, with the resultant funds being used for the purchase of a more suitable site. (Ord. 2012-01, 4-17-2012)

If the proposed subdivision is recorded through the use of phased final maps or parcel maps, as provided by this chapter, requirement for dedication of lands for public parks and recreation facilities or in-lieu payment shall be required on a proportional share of the area subject to the phased map versus the overall approved project. The planning director shall, at the time of filing of each phased map, recalculate the amount of land required to be dedicated in accordance with this article, based on the land area and units included in the proposed final map or parcel map. Nothing in this section shall preclude the subdivider from satisfying the requirements of this article as part of the first phased map. However, in no instance shall the dedication accepted by the city or in-lieu fees collected by the city for the subdivision be less than the proportional requirement that has been recorded. (Ord. 2012-01, 4-17-2012)

Dedication of land outside of the subdivision may be authorized by the city by action on the tentative map and be credited toward the developer's park land dedication requirement pursuant to this article. (Ord. 2012-01, 4-17-2012)

ARTICLE O. URBAN LOT SPLIT PARCEL MAP

SECTION:

A. This article implements Government Code .Section 66411. 7 to provide an alternative method to subdivide a parcel located within a single-family residential zoning district for the purpose of housing development.

B. Urban lot split means the subdivision of an existing legal parcel zoned single-family residential RN and RLMD, under section 9-3-2 of title 9 “Zoning” municipal code, to create no more than two new parcels. (Ord. 2023-11, 9-19-2023)

A. A completed application form, of which the blank form shall be provided by the planning department.

B. One (1) copy of the urban lot split parcel map, consistent with the requirements of section 8-7O-7 of this chapter and sections 66444 through 66450 of the subdivision map act. The urban lot split parcel map must be prepared and signed by a licensed land surveyor or registered civil engineer authorized to practice land surveying.

C. A fee in an amount established by resolution of the city council must be paid concurrently with the submission of the urban lot split parcel map.

D. A preliminary title report, showing the legal owners at the time of the filing of the urban lot split parcel map and prepared not more than 90 days prior to the submittal of the application.

E. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.

F. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication.

G. Closure Calculations for each individual lot and overall boundary prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying.

H. A preliminary drainage plan.

I. An urban lot split affidavit, city form provided by the planning department, must be signed and notarized, and submitted with the application for an urban lot split parcel map, under penalty of perjury under the laws of California that declares all of the following:

1. The proposed urban lot split will not require or authorize demolition or alteration of any of the following types of housing:

a. A residential unit that is a deed-restricted below-market-rate residential unit.

b. A residential unit that is subject to any form of rent or price control.

c. A residential unit that has been occupied by a tenant in the last three (3) years.

d. A residential unit on property subject to Government Code section 7060 (Ellis Act), whereby the property owner has withdrawn the property from rent within the past 15 years.

2. The parcel was not established through any prior exercise of an urban lot split under this article.

3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this article.

4. The owner intends to occupy one of the residential units located on a lot created by the parcel map as their principal residence for a minimum of three (3) years after the date the parcel map was recorded.

5. No residential unit on any lot created by the subdivision will be rented or offered for rent for a term of less than 30 days.

6. The uses allowed on a lot created by the parcel map will be limited to residential uses.

J. Any other information as required by the planning department. (Ord. 2023-11, 9-19-2023)

A parcel map for an urban lot split will be approved ministerially without discretionary review or public hearing by the City Engineer that approves that the parcel map meets all of the requirements of this article and Government Code Section 66411.7. A tentative parcel map is not required for an urban lot split. (Ord. 2023-11, 9-19-2023)

A. The parcel is located in one of the following single-family residential zoning districts AR, RVLD, RLD, RN or RLMD, as defined in Title 9, Zoning.

B. The parcel is located within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

C. The parcel meets the requirements of Government Codes Section 65913.4(a)(6)(B)-(K).

D. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined by Public Resources Code Section 5020.1, or on the list of the historical resources, as determined by the City of Lemoore. (Ord. 2023-11, 9-19-2023)

A. A parcel map may subdivide an existing legal parcel to create no more than two new lots of approximately equal lot area. Each resulting lot may not be smaller than 40 percent of the area of the original parcel proposed for subdivision, and neither resulting lot may be smaller than 1,200 square feet.

B. Each lot must be served by a separate water service meter and a separate sewer connection.

C. Each lot must collect and convey all stormwater entering or originating on the lot, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with City of Lemoore design standards. All storm drainage facilities must be designed and constructed in compliance with this code and City of Lemoore design standards.

D. The applicant shall comply with all applicable rules, regulations, and standards of the City’s National Pollutant Discharge Elimination System (NPDES) permit.

E. On-site frontage improvements, including curbs and sidewalks, and dedications for road widening shall be provided as required by City of Lemoore development improvement standards. No off-site frontage improvements shall be required.

F. Rights-of-way and development rights shall be dedicated or conveyed as required by the general plan, a right of way plan line, or City of Lemoore development improvement standards.

G. The placement of lot lines may not result in an accessory building on a lot without a primary building on the same lot.

H. Lot lines may not render an existing structure as nonconforming in any respect (e.g., setbacks, yard, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure. (Ord. 2023-11, 9-19-2023)

Each lot must front upon or have access to a public street or be served by an access easement serving no more than two lots. Access must be provided in compliance with these standards:

A. Vehicle access easements serving a maximum of two residential units must have a minimum width of 12 feet, unless a wider driveway is required by the California Fire Code.

B. Vehicle access easements serving three to four residential units must have a minimum width of 25 feet.

C. Vehicle access easements may not be located closer than 25 feet to an intersection.

D. If a vehicle access easement length is more than 75 feet, a vehicle turnaround must be provided.

E. Surfacing of easements and turnaround dimensions must meet the requirements of the California Fire Code and this code. (Ord. 2023-11, 9-19-2023)

The following content and information must be shown on the urban lot split parcel map:

A. A parcel map for an urban lot split must be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying in accordance with Government Code Sections 66444 through 66450 and this article.

B. The size of each sheet shall be 18" x 26" and to scale not less than 1:100 with a scale bar, north arrow, date of application, assessor’s parcel number of the area to be adjusted and a legend, if applicable.

C. The owner’s name, assessor parcel number and deed document number of all adjoining parcels.

D. Title Sheet with the relevant statements and certifications for a parcel map per 8-7G-4.

E. A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision.

F. Total area (in acreage and square feet) of each proposed lot.

G. The bearings and distances of existing and proposed property lines.

H. Zoning district.

I. The location and use of all existing and proposed structures.

J. All required zoning setbacks for the existing and proposed lots.

K. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements.

L. The location of all proposed new water, sewer, electricity, storm drain, or gas service lines, pipes, or systems.

M. The parcel map must show all easements for public utilities necessary to serve each lot created by the subdivision.

N. The parcel map must show all easements necessary to provide each lot with access as required by this article.

O. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision.

P. The location of any existing trees larger than 4" in diameter measure at 4'-6" above the base and any such trees proposed for removal.

Q. Area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals.

R. Any area of the parcel that is a watercourse by delineating the flow line and top of bank of the watercourse.

S. The name and dimensions, including right-of-way and improved area, of public and private streets adjoining the parcel.

T. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions.

U. The location of existing or proposed driveway dimensions, materials, and slope (including cross slope).

V. The location of existing or proposed pedestrian pathway access to the public right-of-way.

W. The parcel map shall contain a declaration of each of the following:

1. Each lot created by the parcel map must be used solely for residential uses.

2. No more than two single-family dwellings are permitted on each lot.

3. Neither an accessory dwelling unit nor junior accessory dwelling unit is permitted on a lot that includes two single-family dwellings.

4. No residential unit on a lot created by the parcel map may be rented or offered for rent for a term of less than 30 days. (Ord. 2023-11, 9-19-2023)

A. No development, including grading or vegetation removal, may commence on either lot, concurrent with or subsequent to an urban lot split, unless the development is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outline for two-unit residential development units in adopted design standards in effect at the time a complete application is submitted.

B. A building permit for development on a lot created by an urban lot split cannot be issued until the parcel map is recorded.

C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2023-11, 9-19-2023)

A lot created by a parcel map under this article may not be further subdivided. (Ord. 2023-11, 9-19-2023)