4. Private Viewing Booths or Rooms.
a. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.
b. No beds, couches, or chairs with a sitting area greater than twenty-four inches wide shall be permitted in a private viewing booth or room.
c. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates. d. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.
5. Business Hours. A sexually oriented business shall be open for business only between the hours of seven a.m. and midnight on any particular day. This restriction shall not apply to adult motels.
6. Posting Permit. A valid sexually oriented business permit duly issued pursuant to this section shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.
7. Sexually Oriented Business Facility. A sexually oriented business shall only be located in a structure with a permanent foundation and fixed walls, and shall not be located, wholly or partially, within any mobile structure, pushcart, trailer, bungalow, recreational vehicle, or any other non-permanent type of facility.
8. Manager on Duty.
a. There shall be a responsible person at least eighteen years of age on the premises to act as manager at all times during which the business is open. 2025 Zoning Ordinance Update 188
b. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirety of all areas accessible to patrons, at all times.
c. Every permittee shall ensure that all employees are familiar with the provisions of this section as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.
9. Required Physical Modification to Premises.
a. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this section. b. The reasonable period of time shall normally be thirty days from the effective date of said ordinance to file the appropriate plans and designs with the city, and up to sixty days thereafter for completion of the modifications.
c. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.
10. No Alcohol. No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business. No person shall bring any alcohol on to the premises of any sexually oriented business.
S. Prohibitions Regarding Minors and Sexually Oriented Businesses. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with the reasonable cause to know, permits, suffers, or allows:
1. Admittance of a person under eighteen years of age to the business premises;
2. A person under eighteen years of age to remain at the business premises;
3. A person under eighteen years of age to purchase goods or services at the business premises; or
4. A person who is under eighteen years of age to work at the businesses premises as an employee;
5. The view of the entrance to any sexually oriented business from outside of the business shall be designed in a manner that obscures the view of the interior of the premises from minors outside the premises so as to prohibit minors from viewing or seeing any material, conduct or 2025 Zoning Ordinance Update 189
activities which depict, describe, display, or are characterized by their emphasis on "specified sexual activities" or "specified anatomical areas."
T. Display Regulations.
1. No display or exhibit depicting or describing "specified sexual activities" or "specified anatomical areas" shall be placed in, on or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.
2. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height.
3. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicting that no alcoholic beverages are to be served or consumed on the premises.
Said notice shall consist of letters no less than one inch in height.
4. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating the business's hours of operation.
U. Additional Requirements. The following additional requirements shall pertain to sexually oriented businesses providing adult live entertainment:
1. No person shall perform adult live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.
2. As an exception to the requirement in Section 18.20.020(U)(1), entertainers may perform adult live entertainment off-stage in private viewing areas where the entertainer is separated from the customer by a permanent, floor to ceiling, solid barrier.
3. No person shall appear in a state of nudity at any time, including during on-stage or private viewing booth performances of adult live entertainment. Persons may appear semi-nude while performing adult live entertainment. Except during the course of performing adult live entertainment, no person may appear semi-nude or in a manner which displays or reveals specified anatomical areas. This only applies to portions of the facility where patrons are permitted.
4. No owner, operator, manager, or any other person with control over a sexually oriented business shall permit any entertainer, employee, independent contractor, or other person to appear in a state of dress that violates this section.
5. No patron shall be allowed on the stage during performances.
6. The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
7. The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
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8. The sexually oriented business shall provide access for entertainers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three-foot wide walk aisle for entertainers, between the dressing room area and the stage, with a railing, fence or other barrier, separating the patrons and the entertainers, capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
9. No entertainer, either before, during or after performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer, either before, during or after performances by such entertainer. No entertainer or employee or independent contractor of a sexually oriented business shall "fondle" or "caress" any patron, and no patron shall be permitted to "fondle" or "caress" any entertainer or other employee or independent contractor. "Fondle" and "caress" shall have commonly understood meanings. This subsection shall only apply to physical contact on the premises of the sexually oriented business. This subsection does not apply to incidental contact.
10. Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
11. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit or accept any pay or gratuity from any patron. Patrons shall not throw money to entertainers, place monies in the entertainers' costumes or otherwise place or throw monies on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and entertainers and utilizing red or black printing of letters not less than one inch in size.
12. If patrons desire to tip or pay performers, the tips must be placed in fixed receptacles, and not directly handed to any persons.
13. Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than twenty-one persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than seventy persons.
Security guard(s) shall be charged with preventing the violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall not act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. All security guards shall be duly licensed and bonded as a security guard as required by applicable provisions of state law.
14. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.
15. Every permittee of a sexually oriented business which provides live entertainment pursuant to this section must maintain a register of all persons so performing on the premises. Such 2025 Zoning Ordinance Update 191
register shall be available for inspection during the regular business hours by any designee of the City of Lindsay.
V. Exemptions.
1. It is a defense to prosecution for any violation of this section that a person appearing in a state of nudity did so in a modeling class operated:
a. By a college, junior college, or university supported entirely or partly by taxation; b. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. In a structure:
i. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
ii. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
iii. Where no more than one nude model is on the premises at any one time.
2. It is a defense to prosecution of a violation of this section that an employee of a sexually oriented business, regardless of whether or not it is permitted under this section, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.
W. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief.
1. If any person fails or refuses to obey or comply with or violates any of the provisions of the section, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars of by imprisonment not to exceed sixty days in the jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
2. Nothing herein contained shall prevent or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, a nuisance abatement proceeding, a civil nuisance abatement of equitable action for injunctive relief or an action at law for damages in any court of competent jurisdiction.
3. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this subsection to the full extent allowed by law.
4. The city shall be entitled to recover all attorney's fees and costs incurred in the filing or prosecution of any action or administrative proceeding brought to enforce any provisions(s) of the section.
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X. Suspension or Revocation of Permit.
1. After an investigation, notice, and hearing, the city manager or his designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one of the following conditions exist:
a. The building, structure, equipment, location, or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire, or safety laws of the State of California or of the City of Lindsay applicable to such business operations.
b. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for sexually oriented business permit, or in any report or record to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this section.
c. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises. d. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises. e. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of controlled substance, as defined by the California Uniform Controlled Substances Act, California Health and Safety Code Section 11000 et seq., as amended from time to time. f. More than thirty days have elapsed since a tax, fee, fine, any form of regulatory assessment of judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.
2. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation.
Further, the operators of the sexually oriented business closed due to suspension or revocation of a permit shall be disqualified from operating any other sexually oriented business established thereafter within the city during the entire period of any such suspension, or for one year if the license was revoked. 2025 Zoning Ordinance Update 193
Y. Immunity from Prosecution. The city and its designee, the chief of police's office and all other departments and agencies, the city attorney, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal for reasonable, good-faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this section.
Z. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 531, § 11, 2011)
18.20.030 Body Art Facilities
A. Purpose and Intent. The purpose of this section is to establish location and operation criteria for body art facilities (tattooing, body piercing and permanent make-up) as the City of Lindsay has determined that the secure management and placement of facilities involving body art is necessary to protect the public health, safety, and welfare of the community.
B. Definitions.
1. "Body art" means body piercing, permanent cosmetics and/or tattooing.
2. "Body artist" means any individual who is a practitioner of body art (tattooing, permanent cosmetics and/or body piercing) to include conducting body art procedures on another individual or technically advising the body art procedures performed by another individual.
For the purposes of this chapter, body artists do not include persons engaged in ear piercing.
3. "Body art facility" means any establishment owned, controlled, leased, or operated to practice or engage in the practice of body art.
4. "Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or other decoration, with the exclusion of ear piercing. This includes but is not limited to, piercing of a lip, tongue, nose, or eyebrow.
5. "Ear piercing" means the piercing of the leading edge or earlobe of the ear with a sterile, disposable, single-use stud, or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Such practice is exempt from this section.
6. "Permanent cosmetics" means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
7. "Substantial change in operation" means any of the following:
a. The location, ownership, and type of business changes; 2025 Zoning Ordinance Update 194
b. The certificate of registration issued by the Tulare County Department of Environmental Health is revoked or suspended for a period of more than thirty days; c. The premises are altered thereby increasing the gross floor area; d. The facility is closed, abandoned, discontinued, or suspended for a continuous period of more than ninety days for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner, or operator; or
e. Other circumstances deemed to be a substantial change by the planning commission.
8. "Tattooing" means inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. This includes, but is not limited to, eyeliner, lip color, camouflage, stencil designs, and free-hand designs.
C. Permit Requirements.
1. It shall be unlawful for any person, firm or corporation, owning, controlling, leasing, acting as agent for, conducting, managing, or operating any body art facility to practice or engage in the practice of body art without first obtaining a body art facility permit and meeting all applicable zoning district and this chapter standards.
2. No body artist shall operate within a permitted body art facility without first obtaining a body artist practitioner permit.
D. Locational Requirements. No person shall cause or permit the establishment of any body art facility, as defined above, within five hundred feet of another such business or within five hundred feet of any religious institution, school, boys' club, girls' club or similar existing youth organization, or public park, or any public building regularly frequented by children, including, but not limited to, the McDermont Field House and Community Aquatics and Wellness Center or within five hundred feet of any property in the City of Lindsay zoned for residential use.
E. Application Submittal Requirements.
1. Applications shall be filed on a form provided by the city.
2. The application shall include the following:
a. A body art facility permit.
b. A map demonstrating that the separation requirements pursuant to Section 18.20.030(D) are met.
c. The name of the contaminated waste transporter.
d. A body art practitioner permit, which application shall include the following:
i. A nonrefundable application or renewal fee to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit. 2025 Zoning Ordinance Update 195
ii. Proof of completion of an exposure control training program. iii. Proof of hepatitis B vaccinations.
iv. The record of conviction for violations of the law, excluding minor traffic violations. v. The applicant's height, weight, color of eyes and hair, and date and place of birth, California driver's license or identification number and social security number. vi. The fingerprints of the applicant on a form provided by the police department. vii. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
F. Grounds for Suspension, Denial, Revocation, or Refusal to Renew Permit.
1. The city or its designee, may suspend a permit, deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation, or refusal to renew:
a. Fraud, deceit, or misrepresentation in obtaining a permit or its renewal; b. Any present or past violations of state, county, or the City of Lindsay regulations governing the practice of body art;
c. Applying body art while impaired by drugs or alcohol; d. Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit;
e. Continuing to practice while his/her permit is lapsed, suspended, or revoked; f. Having previously held a body art facility permit, body art practitioner permit, or similar license, permit, or privilege in another jurisdiction, which was revoked within the previous five years.
G. Standard Conditions for All Body Art Facilities.
1. Possession of a lawfully issued body artist permit.
2. The body art facility shall comply at all times with state, county, and the City of Lindsay laws governing body art facilities and the application of body art.
3. Mobile body art shall not be allowed at any time within the city limits.
4. The permittee shall maintain a file on-site of all notarized minor consent forms, and submit to the City of Lindsay Community Development Department a copy of such form within ten days of receipt.
5. Body art may not be performed on any person who is under the influence by illicit or illegal drugs or alcohol.
6. No alcoholic beverages shall be allowed within the body art facility at any time. 2025 Zoning Ordinance Update 196
7. A body art facility permit shall be posted in a conspicuous location inside the business at all times.
8. Body art facilities may be open for operation only between the hours of seven a.m. and midnight.
9. The certificate of registration from the Tulare County Department of Environmental Health shall be posted in a conspicuous location inside the body art facility at all times.
10. All body artist employees shall have a body art practitioner permit.
11. Prior to approval of any city business license or permit, the body artist shall schedule a special inspection with the City of Lindsay, or its designee, to determine compliance with any body art operational guidelines of the state, county, or city.
H. Annual Inspection and Review.
1. Each body art facility shall be subject to annual inspection by the city and/or its authorized agent.
2. Fees for annual inspections and review, as set by resolution of the council from time to time, shall be paid to the City of Lindsay on or before the anniversary of the effective date of the body art facility permit.
I. Denial of Permit.
1. If one or more of the findings set forth in Section 18.20.030(G) cannot be made, the permit shall be denied. In the event of denial, notification and reasons for denial shall be communicated to the applicant. The denied applicant shall upon submission of his/her written request, have the right to receive a hearing before the city manager or his/her designee. If such a hearing is not requested within ten days of the date of notification of denial of permit, the denial shall be final.
2. Any individual who operates a body art establishment or practices body art after denial of an application is guilty of a misdemeanor.
J. Term of Permit. The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.
K. Suspension or Revocation of Permit. Any permit issued under this section shall be subject to suspension or revocation by the director of finance for violation of any provision of this section or for grounds that would warrant denial of the issuance of such permit in the first instance.
L. Appeal from Suspension or Revocation.
1. Within ten days after any denial, suspension, or revocation of a permit, the individual aggrieved may appeal such action to the city manager by filing a written request for a hearing with the city manager or his/her designee. Upon the filing of such a request, the city manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be set within thirty days after the request is filed. At the hearing, any individual may 2025 Zoning Ordinance Update 197
present evidence in opposition to or in support of the appellant's case. The suspension or revocation of the permit shall be stayed pending a decision of the city manager or designee, on the appeal.
2. Any individual who operates a body art establishment or practices body art after suspension of a permit or after revocation of a permit is guilty of a misdemeanor.
3. Reapplication of Denied or Revoked Permit. Any individual whose permit is denied or revoked may not apply for a permit to operate a body art establishment or practice body art in the city for a period of one year from the date of such revocation.
M. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 531, § 12, 2011)
18.20.040 Fortunetelling Establishments
A. Purpose. The purpose of this section is to protect the health, welfare and safety of the public at large and patrons of fortunetelling establishments by ensuring that the services provided by those establishments are, to the greatest extent possible, free from fraud, corruption, vice, trickery and other criminal influences. It is also the purpose of this chapter to minimize the impact upon local neighborhoods caused by concentrations of fortunetelling establishments in localized area and to provide that such establishments are located in areas designated to serve broader portions of the community.
B. Definitions. For the purpose of this chapter, certain terms are defined as follows:
1. "Applicant" means an individual who is required to file an application for a permit under this section including a fortuneteller, individual, owner, managing partner, managing officer of a corporation, or any other operator, manager, or employee of a fortunetelling establishment.
2. "For pay" means a fee, reward, donation, loan or receipt of anything of value.
3. "Fortunetelling" means telling of fortunes, forecasting of futures, or furnishing of any information by means of any occult, psychic power, faculty, force, chiromancy, clairvoyance, clairaudience, cartomancy, psychology, psychometery, phrenology, spirits, tea leaves or other such reading, mediumship, telepathy, or other craft art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries, or magic, of any kind or nature, or other means beyond the ordinary process of knowledge.
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4. "Fortunetelling establishments" means any establishment having a fixed place of business where any individual or entity engages in, or carries on, or permits to be engaged in or carried on any activities defined in this section.
5. "Fortuneteller" means any individual who, for any consideration whatsoever, engages in the practice of fortunetelling as herein defined unless otherwise excepted.
C. Permits Required. It is unlawful and a misdemeanor for any individual to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a fortunetelling establishment without first having obtained a permit from the city as herein required. A fortunetelling establishment permit shall include the right of the individual permittee to practice fortunetelling at such an establishment.
D. Permit Application. Every person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application or a permit with the director of finance. The application shall contain the following:
1. The name, home and business address, and home and business telephone number of the applicant.
2. The record of conviction for violations of the law, excluding minor traffic violations.
3. The applicant's height, weight, color of eyes and hair, and date and place of birth, California driver's license or identification number and social security number.
4. Two photographs of the applicant at least two inches by two inches, taken within the last sixmonth period immediately preceding the date of filing of the application.
5. The fingerprints of the applicant on a form provided by the police department.
6. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
7. A nonrefundable application or renewal fee to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.
E. Filing and Fee Provisions.
1. Every individual or entity that proposes to maintain, operate or conduct a fortunetelling establishment in the city shall file an application with a nonrefundable filing fee. Said filing fee shall be established by the city manager, and may be revised from time to time. This fee shall not be deemed in lieu of a business tax.
2. A permit, when issued, shall state whether it is for a fortunetelling establishment or for a fortuneteller.
F. Issuance of Permit. The director of finance shall issue the permit if, based upon the investigation, it is found:
1. That the operation as proposed by the applicant would comply with all applicable laws. 2025 Zoning Ordinance Update 199
2. That the applicant has not been convicted in a court of competent jurisdiction of any of the following offenses:
a. An offense involving the element of fraud or theft.
b. A crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318, or 647(a), (b), or (d) of the California Penal Code.
c. Any other crime involving moral turpitude.
d. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the State of California or as defined by any law of the State of California in effect before the above sections were adopted.
3. That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statements of fact in the license application or any other document required by the city in conjunction therewith.
G. Denial of Permit.
1. If one or more of the findings set forth in Section 18.20.040(F) cannot be made, the permit shall be denied. In the event of denial, notification and reasons for denial shall be communicated to the applicant. The denied applicant shall upon submission of his/her written request, have the right to receive a hearing before the city manager or his/her designee. If such a hearing is not requested within ten days of the date of notification of denial of permit, the denial shall be final.
2. Any individual who operates a fortunetelling establishment or practices fortunetelling after denial of an application is guilty of a misdemeanor.
H. Term of Permit. The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.
I. Operating Requirements.
1. No fortunetelling establishment or any portion of a building in which the fortunetelling establishment is located shall be used for residential or sleeping purposes.
2. Fortunetelling establishments may be open for operation only between the hours of seven a.m. and midnight.
3. No fortunetelling establishment shall be located closer than five hundred feet to any other licensed fortunetelling establishment or within five hundred feet of any religious institution, school, boys' club, girls' club or similar existing youth organization, or public park, or any public building regularly frequented by children, including, but not limited to, the McDermont Field House and Community Aquatics and Wellness Center or within five hundred feet of any property in the City of Lindsay zoned for residential use. 2025 Zoning Ordinance Update 200
J. Display of Permit and Identification Cards. Every fortunetelling establishment shall display at all times during business hours the permit issued pursuant to the provisions of this section for such establishment in a conspicuous place so that the same may be readily seen by all individuals entering this establishment.
K. Employment of Individuals Under the Age of Eighteen is Prohibited. It is unlawful for any individual owner, managing partner, managing officer, or other individual in charge of any fortunetelling establishment to employ any individual who is not at least eighteen years of age.
L. Services and Rate Sign. Every permittee of a fortunetelling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all individuals entering the fortunetelling establishment, printed in bold letters not less than one inch in height, listing the services available and the rate to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted.
M. Receipts. Prior to the acceptance of any money or item of value from a client, the fortuneteller shall issue a written receipt to the client, clearly showing the following:
1. Date.
2. Name of client.
3. Amount of money received or specific description of item of value received.
4. Purpose for which the money or item of value was received.
N. Employment of Individuals Without Permits Unlawful. It is unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortunetelling establishment to employ any individual to practice fortunetelling who is not in possession of a valid permit to practice fortunetelling. Permits are not required for employees who do not practice fortuntelling.
O. Suspension or Revocation of Permit. Any permit issued under this section shall be subject to suspension or revocation by the director of finance for violation of any provision of this section or for grounds that would warrant denial of the issuance of such permit in the first instance.
P. Appeal from Suspension or Revocation.
1. Within ten days after any denial, suspension, or revocation of a permit, the individual aggrieved may appeal such action to the city manager by filing a written request for a hearing with the city manager or his/her designee. Upon the filing of such a request, the city manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be set within thirty days after the request is filed. At the hearing, any individual may present evidence in opposition to or in support of the appellant's case. The suspension or revocation of the permit shall be stayed pending a decision of the city manager or designee, on the appeal.
2. Any individual who operates a fortunetelling establishment or practices fortunetelling after suspension of a permit or after revocation of a permit is guilty of a misdemeanor. 2025 Zoning Ordinance Update 201
Q. Reapplication of Denied or Revoked Permit. Any individual whose permit is denied or revoked may not apply for a permit to operate a fortunetelling establishment or practice fortunetelling in the city for a period of one year from the date of such revocation.
R. Exception Entertainment. The provisions of this section shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.
S. Exception Religious Practice. The provisions of this subsection shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as "minister") from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortunetelling; provided, that:
1. Except as provided in Section 18.20.040(S)(3), the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection.
2. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the business license officer a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this subsection is to be conducted.
3. Such bona fide church or religious association, as defined in this subsection, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
T. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 531, § 13, 2011)
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18.21 Variances
18.21.010 Purposes
18.21.020 Authority Of The City Council
18.21.030 Application And Fee
18.21.040 Hearing And Notice
18.21.050 Public Hearing; Procedure
18.21.060 Action Of The City Council
18.21.070 Building Permit
18.21.080 Lapse Of Variance
18.21.090 Revocation
18.21.100 New Application
18.21.110 Administrative Adjustments
18.21.120 Reasonable Accommodation
18.21.010 Purposes
The city council is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning code is provided by the conditional use, planned unit development and amendment provisions of this title. (Ord. 437 § 1 (part), 1989)
18.21.020 Authority Of The City Council
The city council may grant variances to the regulations prescribed by this title only with respect to fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities. (Ord. 437 § 1 (part), 1989)
18.21.030 Application And Fee
A. Application for a variance shall be made to the community development department on a form prescribed by the council which shall include the following data:
1. Name and address of applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address or description of property.
4. Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 18.21.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 18.21.060. 2025 Zoning Ordinance Update 203
B. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
C. A drawing of the site and surrounding area, showing all surrounding properties within three hundred feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of Tulare County. County assessor's maps may be used for this purpose.
D. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
E. The city clerk shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party. (Ord. 437 § 1 (part), 1989)
18.21.040 Hearing And Notice
The city council shall hold a public hearing in accordance with the provisions of Section 18.17.040. (Ord. 437 § 1 (part), 1989)
18.21.050 Public Hearing; Procedure
At a public hearing, the council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 18.21.060.
(Ord. 437 § 1 (part), 1989)
18.21.060 Action Of The City Council
A. The council shall act on the application within thirty days after the close of the public hearing. The council may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the council makes the following findings:
1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.
B. The council may grant a variance to a regulation prescribed by this title, with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the council makes the findings prescribed in subsection A of this section and the following additional findings:
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1. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
2. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
3. That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.
C. In approving a variance, the council shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A of this section.
D. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the council may prescribe. The council may deny a variance application.
E. A variance shall become effective ten days following the date on which the variance was granted by the council.
(Ord. 437 § 1 (part), 1989)
18.21.070 Building Permit
The issuance of a building permit shall be governed by the provisions of Section 18.17.090. (Ord. 437 § 1 (part), 1989)
18.21.080 Lapse Of Variance
A variance shall lapse and become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application.
A variance may be renewed for an additional period of one year, provided that, prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of the variance is made to the city council. The council may grant or deny an application for renewal of a variance.
A variance which is approved concurrently with a tentative map shall have the same approval term, expiration date, and extension terms as the tentative map. The city council may also establish a different approval term for a variance which is approved concurrently with a tentative map, based on the circumstances of the particular application.
(Ord. 486 § 23, 1997: Ord. 437 § 1 (part), 1989)
18.21.090 Revocation
The revocation of a variance approval shall be governed by the provisions of Section 18.17.130. (Ord. 437 § 1 (part), 1989)
18.21.100 New Application
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Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial of the variance application or revocation of the variance. (Ord. 437 § 1 (part), 1989)
18.21.110 Administrative Adjustments
A. Purpose. The purpose of an administrative adjustment (hereafter "adjustment") is to provide an alternative option for processing routine projects which require an interpretation of established zoning ordinance standards. Adjustments are not intended to set precedent, and shall be considered only on a case-by-case basis.
B. Scope of Authority. The city services community development director (hereafter "director") or his/her designee shall have the authority to grant adjustments to the development standards within this title. Upon written request, the director may approve, conditionally approve, or deny minor adjustments to the following development standards: setbacks, site area, lot width, lot depth, building height, sign height, landscape requirements, fence height, and fence setbacks.
Adjustments to side yard setbacks shall also require the review and approval of the chief building official to verify compliance with building and fire codes. Adjustments shall not exceed ten percent of a required development standard. In making the adjustment, the director shall make a finding that the adjustment is consistent with the criteria listed in subsection C of this section.
C. Adjustment Criteria. The city services director shall record the decision in writing on a form that indicates the basis for the decision. The director may approve and/or modify an application in whole or in part, with or without conditions, if the following criteria are satisfied:
1. There are special circumstances applicable to the property (including, but not limited to, property size, shape, topography, location or surroundings) which create a practical difficulty or unnecessary hardship in strictly applying the development standard.
2. The adjustment is necessary to provide consistency with properties in the same vicinity, general plan designation and zoning ordinance district within which the adjustment is sought.
3. The adjustment will not be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the vicinity of the project site.
4. The adjustment will be consistent with the goals and policies of the general plan.
D. Appeal Process. The applicant may appeal the decision of the city services director, in writing, to the city council within ten business days of the decision. If an appeal is not filed within ten business days, the decision shall be final.
(Ord. 486 § 24, 1997)
18.21.120 Reasonable Accommodation
A. Purpose. The purpose of reasonable accommodation procedures to provide an administrative exception process for zoning standards, where necessary to make housing available and/or 2025 Zoning Ordinance Update 206
accessible to persons with disabilities protected under Fair Housing laws. This section is intended to eliminate barriers to housing opportunities for individuals with disabilities.
B. Requests for Reasonable Accommodations.
1. Request. Requests for reasonable accommodations may be made by a person with a disability, their representative, or a developer providing housing for individuals with disabilities. This request may include a modification or exception to a development that would eliminate regulatory barriers that do not provide disabled individuals with equal housing opportunities.
Reasonable accommodations cannot waive a requirement for a minor use permit or a conditional use permit.
1.2.Assistance. If an applicant needs assistance making a reasonable accommodations request, the planning division will provide the necessary support to ensure the process is available to the applicant.
B.C.Scope of Authority.
1. Approval. The city manager or designee shall administratively review and approve written applications for reasonable accommodation that are consistent with the provisions of this section, within thirty days of receipt of a complete application.
2. Denial. The city manager or designee shall deny applications for reasonable accommodation that are incomplete or inconsistent with the provisions of this section.
3. Applicability. Reasonable accommodation may be made to any of the following physical development standards for residential land uses:
a. Fences and walls;
b. Site area;
c. Frontage, width, or depth of site;
d. Coverage;
e. Yard requirements;
f. Distance between structures;
g. Building height;
h. Signs;
i. Off-street parking and off-street loading.
4. Inapplicability. Reasonable accommodation shall not apply to any of the following:
a. Zoning district designation;
b. Permitted or conditionally permitted land uses in a specific zoning district; c. Encroachment into public right-of-way.
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C.D.Required Application. Persons seeking reasonable accommodation shall make written application to the city and provide the following minimum information:
1. Name and contact information of the applicant seeking reasonable accommodation.
2. Address of the property where reasonable accommodation is being sought.
3. A description of the reasonable accommodation being sought, including the specific proposed deviation from physical development standards.
4. A plan drawn to scale which visually depicts the proposed reasonable accommodation.
5. A description of the applicant's disability, consistent with the definition of "person with a disability" consistent with Section 18.24.030.
6. Written evidence of the applicant's disability from a physician, surgeon, psychiatrist, or psychologist licensed by the State of California.
7. Written evidence demonstrating that the requested accommodation is necessary, and that there is a clearly identifiable relationship, or nexus, between the requested accommodation and the individual's disability. The reason(s) why the accommodation is reasonable and required for meeting the needs of the individuals’ disability.
D.E.Appeal Process. The applicant may appeal the decision of the city services director, in writing, to the city council within ten business days of the decision. If an appeal is not filed within ten business days of the decision, the decision shall be final and unappealable.
E.F. Environmental Review. The reasonable accommodation process shall be considered nondiscretionary and ministerial for the purposes of the California Environmental Quality Act. (Ord. 528, Art. 5, 2011)
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18.22 Amendments
18.22.010 Purpose
18.22.020 Initiation
18.22.030 Application And Fee
18.22.040 Public Hearing; Notice
18.22.050 Hearing
18.22.060 Investigation And Report
18.22.070 Relationship To Environmental Impact Assessment And Environmental Impact Reporting Process
18.22.080 Action Of The City Council
18.22.090 Special Zoning Exceptions; Alternate Procedure For Action Of The City Council
18.22.100 Change Of Zone Plan
18.22.110 New Application
18.22.010 Purpose
As the general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
(Ord. 437 § 1 (part), 1989)
18.22.020 Initiation
A. A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 18.22.030.
B. A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the city council.
(Ord. 437 § 1 (part), 1989)
18.22.030 Application And Fee
A. A property owner or his authorized agent desiring to propose a change in the boundaries of the district in which his property is located, may file an application with the community development department for a change of district boundaries on a form prescribed by the department, which shall include the following data:
1. Name and address of the applicant.
2. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.
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3. Address and description of the property.
B. The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the county of Tulare. Assessor's maps may be used for this purpose.
C. The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.
D. Amendments to this title required as the result of general plan amendments initiated by the city council shall be processed at the expense of the city.
(Ord. 437 § 1 (part), 1989)
18.22.040 Public Hearing; Notice
A. The city council shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this title initiated by the city council within forty-five days of the date when the application was filed or the proposal was initiated.
B. Notice of a public hearing shall be given not less than ten days prior to the date of the hearing by:
(1) publication of a notice of the time and place of the hearing in a newspaper of general circulation, published and circulated within the city; (2) first class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted under Section 18.22.030; and (3) first class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request; therefor, with the city council. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year.
(Ord. 437 § 1 (part), 1989)
18.22.050 Hearing
A. At the public hearing, the city council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning code prescribed in Section 18.01.020, how or why the proposed change is consistent with the general plan, and the stated purposes and application intended for the zone classification proposed.
B. The council may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this title, a change in district boundaries cannot be made conditionally, except as provided in Section 18.22.090, and the owner of the property is bound only to comply with the regulations prescribed in this title. (Ord. 437 § 1 (part), 1989)
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18.22.060 Investigation And Report
The community development department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the city council, including a recommendation as to the action to be taken by the council and a statement supporting such recommendation. (Ord. 437 § 1 (part), 1989)
18.22.070 Relationship To Environmental Impact Assessment And Environmental Impact Reporting Process
An amendment to the zoning code shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions of Section 18.18.070 of this title.
(Ord. 437 § 1 (part), 1989)
18.22.080 Action Of The City Council
A. Within thirty days following the close of the public hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve the objectives of the zoning code described in Chapter 18.01 and, when applicable, whether the amendment would be consistent with the general plan and the purposes and application intended for the zoning district classification proposed.
B. If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this code, or grant a special zoning exception as prescribed in Section 18.22.090. If the council finds that a change is not required, it shall deny the application or proposal for change.
(Ord. 437 § 1 (part), 1989)
18.22.090 Special Zoning Exceptions; Alternate Procedure For Action Of The City Council Whenever an application is filed with the city for a change in district boundaries, the city council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this section.
A. Before a special zoning exception may be granted by the city council, the council may require the applicant to submit additional information relative to his or her proposal in the manner required in the filing of an application for a conditional use permit under this title. In any event, the provisions of Sections 18.22.010 through 18.22.080 and Sections 18.22.100 and 18.22.110 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.
B. The city council may grant a special zoning exception subject to any of the conditions prescribed in Section 18.18.040 and in accordance with the provisions of Sections 18.17.090 through
18.17.110 and Sections 18.18.030, 18.18.040 and 18.18.050 through 18.18.090 of this title. 2025 Zoning Ordinance Update 211
C. Upon being granted a special zoning exception by the city council, the applicant shall develop his property in accordance with approved plans and conditions imposed under the provisions of this section.
D. Upon the development and use of property in accordance with the provision of subsection C of this section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time said zoning exception was granted. (Ord. 437 § 1 (part), 1989)
18.22.100 Change Of Zone Plan
A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.
(Ord. 437 § 1 (part), 1989)
18.22.110 New Application
Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six months of the date of denial of the application. (Ord. 437 § 1 (part), 1989)
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18.23 Enforcement
18.23.010 Permit, Certificates And Licenses
18.23.020 Duties Of The City ServicesCommunity Development Director And Building Official
18.23.030 Violations; Penalties
18.23.040 Property Maintenance
18.23.010 Permit, Certificates And Licenses
A. All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this title shall be void.
B. Before issuing a business license for any new business or for a new location for any existing business activity, the city clerk or other authorized licensing official shall obtain the approval of the city services community development director respecting compliance with the provisions of this title.
(Ord. 437 § 1 (part), 1989)
18.23.020 Duties Of The Community Development Director And Building Official The city services community development director and building official shall be the officials responsible for the enforcement of this title. In the discharge of their duty, these officials shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction.
These officials may serve notice requiring the removal of any structure or use in violation of this title to the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. These officials may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute appropriate actions to that end. These officials may call upon the chief of police and his authorized agents to assist in the enforcement of this title. (Ord. 437 § 1 (part), 1989)
18.23.030 Violations; Penalties
A. Any person, firm, corporation or organization violating any provision of this title shall be guilty of an infraction. A person, firm or corporation or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued or permitted by the person, firm, corporation or organization.
B. Any structure erected, moved, altered, enlarged or maintained and any use of site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be 2025 Zoning Ordinance Update 213
necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title.
C. All remedies provided for herein shall be cumulative and not exclusive. (Ord. 437 § 1 (part), 1989)
18.23.040 Property Maintenance
A. It is declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city to maintain such premises in such manner than any of the following conditions are found to exist thereon:
1. Buildings or structures which violate the city's building code by creating a fire hazard, danger to human life or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.
2. Premises unmaintained so as to constitute a fire hazard by reason of weeds, grasses, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance or create conditions which are detrimental to neighboring properties.
3. Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.
4. Clothes lines within front yard areas.
5. Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.
6. Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to cause depreciation in the value of adjacent property.
B. Whenever the city services director or building official determines that any building or premises is in violation of the provisions of this section, he shall give written notice thereof to the owner of record as shown on the last equalized assessment roll, and shall post said written notice on the premises.
C. If the owner, duly noticed under subsection B of this section, fails to comply with directives requiring abatement of violations of this section, the appropriate city official shall file the official complaint with the city council, with a copy of said complaint being sent to the affected property owner by certified mail. Said complaint, or notice of complaint, shall be made the subject of a public hearing before the city council in the manner prescribed for the conduct of public hearings provided in Section 18.17.040 of this code.
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D. The city council shall hear the matter, review all pertinent testimony and information, and determine whether a public nuisance does in fact exist, and further determine the method by which abatement of the nuisance shall be accomplished by the affected property owner. A copy of the city council's decision shall be served by certified mail upon the affected property owner.
E. Failure on the part of an affected property owner to abate public nuisance determined by the city council to exist under the provisions of this section shall constitute an infraction, and shall be abated under the proceedings prescribed under Section 18.24.030. (Ord. 437 § 1 (part), 1989)
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18.24 Construction And Definitions
18.24.010 Construction
18.24.020 General Terminology
18.24.030 Definitions
18.24.010 Construction
The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title:
A. Tense. Words used in the present tense include the future tense.
B. Number. Words used in the singular include the plural, and words used in the plural include the singular.
C. Shall and may. The word "shall" is mandatory; the word "may" is permissive.
D. Gender. The masculine shall include the feminine and neuter.
E. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context. (Ord. 437 § 1 (part), 1989)
18.24.020 General Terminology
The word "city" means the city of Lindsay, California. The words "city council" and "council" means the city council of the city of Lindsay. The words "community developmentcity services department" and "department" means the community developmentcity services department of the city. The words "community developmentcity services director" and "director" means the community developmentcity services director of the city or their designee. The words "city clerk" and "city engineer" means the city clerk and city engineer of the city. The words "building official" means the building official of the city. The words "architectural design review committee" means the architectural design review committee of the city.
(Ord. 437 § 1 (part), 1989)
18.24.030 Definitions
For the purpose of this title, certain words and terms used herein are defined as follows:
• "Accessory buildingstructure" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.
• “Accessory dwelling unit” means an additional dwelling unit no more than twelve hundred (1200) square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary 2025 Zoning Ordinance Update 216
dwelling for an attached ADU (at least 800 square feet) in size that has separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the UR, RA, R, RM, and PO zones. • “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance from the main entrance to the single-family residence, separate sanitation facilities, and an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit. • "Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principal use of the site. • "Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists. • “Agriculture employee housing” is an accommodation developed for and offered to six or fewer agriculture employees and consist of any living quarters, dwelling unit, boarding house, tent, barracks, bunkhouse, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation continued in one or more buildings and on one or more sites. • "Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to boarding not to exceed two weeks in duration, shall be only incidental to such hospital use, and shall be located within an enclosed soundproof structure.
• "Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three or more motor vehicles which have not been capable or operating under their own power for fifteen days or more, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard. • "Bar, cocktail lounge" means a building, room or facility licensed by the State of California for onsale liquor and/or beer and wine sales, and which has a majority of public dining or meeting areas used predominately for the sale and consumption of alcoholic beverages. • "Billboard" means the same as "outdoor advertising structure" as defined in Section 18.14.040 of this title.
• "Block" means the properties abutting on one side of a street and lying between two nearest intersecting or intercepting street and railroad rights-of-way, unsubdivided land or watercourse. • "Boarding or rooming house" means a building where lodging and meals are provided for compensation for five but no more than fifteen persons, not including rest homes. • "Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site. • "Building" means a permanently located structure having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized shall not be deemed to be buildings. • "Building, main" means a building within which is conducted the principal use permitted on the lot or site as provided by this title.
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• "Building setback line" means the minimum distance as prescribed by this title between ay property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.
• "Carport" means a permanent accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure. Carports, whether attached or detached, shall be subject to all minimum yard requirements of the underlying zoning district.
• "Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises. • "Clinic" means a place for the provision of group medical services. • "Club" means an association of persons for some common nonprofit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business. • "College" means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges. • "College, trade" means the same as "school, trade."
• "Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this title has jurisdiction. • "Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.
• "Convalescent home" means the same as "rest home."
• "Convenience store/mini-mart" means retail, food and personal service establishment limited to a maximum of seven thousand square feet of floor area (that may include the sale of liquor) that are designed for the ready convenience of its patrons.
• "Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/ or which serves food or beverages for consumption off the premises of the restaurant.
• "Dump" means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
• "Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including onefamily single-family and multifamily dwellings; including mobile homes, supportive housing, accessory and junior accessory dwelling units, and transitional housing; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized.
• "Dwelling, multi-family" means a dwelling designed exclusively for occupancy by more than one family living independently of each other in separate dwelling units. • "Dwelling, onesingle-family" means a detached dwelling designed exclusively for occupancy by one family for residential purposes.
• "Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.
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• "Educational institutions" means public or other nonprofit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions.
Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, (2) confer degrees as a college or university of undergraduate or graduate standing, (3) conduct research or (4) give religious instruction. This definition does not include schools, academics or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools. • "Electrical distribution substation" means an assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. • "Electrical transmission substation" means an assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
• "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. • "Family" means "household."
• "Fence, open" means a fence, fifty percent or more of the vertical surface of which is open to the transmission of light, air and vision.
• "Fence, screened" means a fence, ninety percent or more of the vertical surface of which is closed to the transmission of light, air and vision.
• "Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.
• "Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports. • "Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.
• "Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.
• “Group care home” means any home or facility involving any living situation that is not for temporary use, which accommodates two (2) or more individuals who are not members of a family and where support services are provided to the occupants; where cooking, living or support sanitary facilities are shared between the occupants; or where there is a formal program, established rules of conduct, and purpose of the facility. A group home may be a facility licensed by the State of California or an unlicensed facility.
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• "Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented. • "Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products for compensation, within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 18.14 of this title. • "Hotel" means a building in which there are sixteen or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jailor other building where persons are housed under restraint. • "Household" means any individual or group of individuals living together in a single dwelling unit who may share living expenses, chores, and meals together, and who maintain social, economic and psychological commitments to each other. A household includes, for example, the residents of residential care facilities and group homes for people with disabilities. A household does not include larger institutional group living situations such as dormitories, lodging houses, or boarding houses.
• "Incidental" means a structure or use that is subordinate in size, scale, and intensity of use to the permitted or conditionally permitted structure or use of the site. "Incidental structures and uses" does not include wireless communication facilities (e.g., cellular phone, enhanced specialized mobile radio, personal communication systems, or other communication technologies based on wireless radio wave transmission) which emit, broadcast, or repeat signals intended primarily for commercial use beyond the immediate site upon which the facility is located. • "Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, scrap yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting "automobile wrecking yards" as defined in this section. An establishment for the sale, purchase or storage of used cars, farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. • "Kennel" means any lot or premises on which four or more dogs and/ or cats at least four months of age are kept, boarded or trained.
• "Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food.
• "Lodge" means an order or society of persons organized for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
• "Lodging house" means a dwelling in which lodging or lodging and means are provided for compensation for more than five but not more than fifteen persons other than members of the resident family, excepting a nursing home as defined in this section. • "Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the Tulare 2025 Zoning Ordinance Update 220
County Recorder. The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this title.
The term "lot" shall include two or more abutting lots when combined and used as though a single lot.
• "Lot area" means the total horizontal area within the lot lines of a lot. • "Corner lot" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five degrees. • "Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.
• "Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
• Lot, Double Frontage. "Double frontage lot" means an interior lot having frontage on and with access on two parallel or approximately parallel streets. • Lot, Interior. "Interior lot" means a lot other than a corner lot or reverse corner lot. • Lot, Key. "Key lot" means the first lot to the rear of a reversed corner lot, whether or not separated by an alley.
• Lot Line, Front. "Front lot line" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
• Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular or triangular-shaped lot, a line at least ten feet in length within the lot parallel to and at a maximum distance from the front lot line. • Lot Line, Side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. • Lot, Reversed corner. "Reversed corner lot" means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears. • "Lot, through" see "lot, double frontage."
• "Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. • “Low Barrier Navigation Centers (LBNC)” means Housing First, low barrier, temporary, serviceenriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. • “Manufactured Homes” are a type of dwelling that is built in a factory following the National Manufactured Housing Construction and Safety Standards dated June 15, 1976. This house is capable of being transported in one or more sections and is constructed on a permanent foundation. It is designed to serve as a dwelling, with or without a permanent foundation, when connected to the necessary utilities. The plumbing, heating, air conditioning, and electrical systems are all contained within the structure.
• "Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians. • "Mobile home" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight feet in width and forty feet in length, having a chassis and designed 2025 Zoning Ordinance Update 221
to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation. • "Person with a disability" means a person with a disability shall include any individual with a physical or mental impairment that substantially limits one or more major life activities, and/or individuals with a disability as defined by California Government Code§ 12926, as amended. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction ( other than addiction caused by current, illegal use of a controlled substance) and alcoholism. The term "physical or mental impairment" shall exclude sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. The term "major life activity" means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking.
• "Primary dwelling unit" means a single-family dwelling unit situated on a residential lot in the UR, RA, R, RM, and PO zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added.
• "Recycling center, large" means a site or portion of a site on which aluminum, plastic, glass, or cardboard may be received and temporarily stored while awaiting transfer to an offsite processing facility for recycling purposes.
• "Recycling center, small" means a portion of a site used on an accessory basis, on which aluminum, plastic, glass, or cardboard may be received and temporarily stored while awaiting transfer to an offsite processing facility for recycling purposes.
• "Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home. • "Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes. • "Retail cannabis dispensary zone" means that portion of downtown Lindsay, bordered by Sweet Brier Avenue, Samoa Street, Mirage Avenue, and Apia Street, specifically described as Lots 1 through 4, and Lots 27 through 32, Block 16; Lots 15 through 32, and Lots A and B, Block 17; Lots 1 through 10, and Lots A through G, Block 24; and Lots A through H, Block 25, Official Map of the City of Lindsay, Recorded May 15, 1924, Vol. 17 of Maps, Page, 57, Tulare County Records. • School, Elementary, Junior High or High. "Elementary, junior high or high school" means public and other nonprofit institution s conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education. • School, Private or Parochial. "Private or parochial school" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a nongovernmental organization.
• School, Trade. "Trade school" means schools primarily offering instruction in technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technician schools and similar establishments. 2025 Zoning Ordinance Update 222
• "Service station" means an occupancy engaged in the retail sales of gasoline, diesel or liquefied petroleum gas fuels, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations, incidental thereto, including: automobile washing, incidental waxing and polishing, tire changing and repairing (but not including recapping), battery service, charging and replacement (but not including repair or rebuilding), radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trai 1 ers, the testing, adjustment and replacement of small motor parts and accessories. • "Sign" means any structure, object, letter or symbol made of any kind of material placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing. gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. • "Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
• "Site area" means the total horizontal area included within the property lines of a site. • "Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines. • "Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
• "Stable" means a detached accessory structure, including but not limited to a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
• "Stable, commercial" means a structure, including but not limited to a corral or paddock for the keeping of horses for remuneration, hire or sale.
• "Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.
• "Street line" means the boundary line between street rights-of-way and abutting property. • "Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.
• "Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.
• "Structure, main" means a structure housing the principal use of a site or functioning as the principal use.
• "Supportive housing" means housing with no limit on length of stay, that is occupied by a target population, and that is linked to an onsite or offsite service that assists residents in retaining housing, improving health status, and maximizing the ability to live and, when possible, work in the community. Supportive housing shall be considered a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. • "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals 2025 Zoning Ordinance Update 223
eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. For the purpose of this subsection, "low income" shall be defined by California Health and Safety Code §50079.5 (a), as amended. • "Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.
• "Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying property.
• "Transitional housing" means rental housing, operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing shall be considered a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
• "Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than forty feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer." • "Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis ( one month continuous occupancy or less).
• "Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged on for which either a site or structure is or may be occupied or maintained.
• "Use, conditional" means a use which is listed as a conditional use in any given district in this title.
Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district. • "Use, permitted" means a use which is listed as a permitted use in any given district in this title.
Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 18.14 and 18.16 of this title.
• "Yard" means open and unoccupied space on a lot.
• "Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.
• "Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
(Ord. 586; Ord. 528, Art. 6, 2011)
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Editor's note— Ord. 528, Art. 1, adopted Feb. 8, 2011, repealed former § 18.24.030 and enacted a new section as set out herein. The former section pertained to similar subject matter. For prior history, see Ordinance List.
HISTORY
Amended by Ord. 569 on 8/14/2018
2025 Subdivision Ordinance Update 1
Exhibit B
SUBDIVISION ORDINANCE - TITLE 17
17.04 General Provisions
17.04.010 Authority
17.04.020 Purpose
17.04.030 Applicability
17.04.030 040 General Plan, Environmental Design Plans And Zoning Ordinance
17.04.040 050 Existing Conditions
17.04.060 Projects Subject to City Subdivision Regulations
17.04.070 Excluded and Exempt Projects
17.04.050 Community Facilities
17.04.080 Concurrent Application Processing
17.04.060 090 Subdivider Responsibilities
17.04.070 100 Planning City Services Director Responsibilities
17.04.080 110 Engineer Responsibilities
17.04.090 120 Planning Commission Responsibilities
17.04.100 130 Council Responsibilities
17.04.110 140 Referrals To Other Agencies
17.04.010 Authority
This title is enacted pursuant to Section II of Article XI of the Constitution of the state Division 2 of Title 7 of the Government Code of the State of California (Subdivision Map Act)and the general laws of the state, including the Subdivision Map Act. The provisions of this title are in addition to the regulations of the Subdivision Map Act and are supplemental thereto.
(Ord. 341 § 1 (19.1.100), 1979)
17.04.020 Purpose
The purpose of this title and any pursuant rules, regulations and specifications hereafter adopted, is to regulate and control the design and improvement of land for all purposes within the city in order to preserve and enhance the health, safety, welfare and amenities of the community. All subdivisions, subdivision maps, and proceedings governed by these regulations shall be subject to the provisions of the Subdivision Map Act and any future amendments not already included herein. (Ord. 341 § 1 (19.1.200), 1979)
17.04.030 Applicability
A. The approval of a map or other entitlement is required before each subdivision of land within the City is authorized. In the case that provisions in this division and the Subdivision Map Act do not align, the Subdivision Map Act shall dictate. The subdivision map’s approval or conditional approval does not grant permission to deviate from zoning regulations in this Development Code. It also does not allow 2025 Subdivision Ordinance Update 2
proceeding with any development that violates other relevant provisions of the Municipal Code, applicable ordinances, or City regulations.
B. If a planning commission has not been established, all references to the planning commission in this title shall instead refer to the City Council.
17.04.030 040 General Plan, Environmental Design Plans And Zoning Ordinance The general plan for the city shall guide the use of all land within the corporate boundaries of the city.
When environmental design plans have been adopted for certain areas, they shall provide more detailed guidance. The size and design of lots, the nature of utilities, the design and improvements of streets, the type and intensity of land use and the provisions for any special facilities in any subdivision shall conform to the land uses shown and the standards established in the general plan, the environmental design plans, the zoning ordinance and any precise plans designed for the area. (Ord. 341 § 1(19.1.300 (part)), 1979)
17.04.040 050 Existing Conditions
Trees, native land cover, natural watercourses and topography shall be respected, and the subdivision shall be so designed as to prevent excessive grading and scarring of the landscape. The design of new subdivision streets shall consider and relate to present street widths, alignments and names. (Ord. 341 § 1 (19.1.300 (part)), 1979)
17.04.060 Projects Subject to City Subdivision Regulations These regulations shall apply to any division of land within the city and shall control the preparation, processing, and approval of all tentative maps, vesting tentative, final maps, parcel maps, certificates of compliance, lot line adjustments, lot mergers and to other actions provided for by the Subdivision Map Act. Except as noted in this section, each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by these regulations.
17.04.070 Excluded and Exempt Projects
Projects Not Subject to the Map Act or the Subdivision Regulations. Pursuant to Gov’t Code Section 66412, the Subdivision Map Act and the Subdivision Regulations do not apply to the following:
A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.
B. Mineral, oil, or gas leases.
C. Land dedicated for cemetery purposes under the State Health and Safety Code.
D. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
E. The construction, financing or leasing of secondary dwelling units pursuant to the zoning regulations.
F. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.
G. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which is subject to discretionary action by the city.
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Projects Exempt from the Mapping Requirements. The following are generally subject to these Subdivision Regulations, but are exempt from the tentative, parcel and final map requirements of these Subdivision Regulations and the Subdivision Map Act pursuant to Gov’t Code Section 66412:
A. A lot line adjustment between four or fewer existing adjoining parcels, where 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.
B. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.
C. The conversion of a residential community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.
A.D. The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, when the project is subject to planned development or use permit approval pursuant to the zoning regulations.
17.04.050 Community Facilities
Community facilities such as schools, parks, recreation areas, etc., shall be provided in the subdivision in accordance with general plan standards, and, where applicable, environmental design plan standards. This title establishes procedures for the referral of proposed subdivision data to interested boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with the development of the subdivision. In order to facilitate the acquisition of land areas required to implement this policy, the planning commission may require that the subdivider dedicate, grant easements or otherwise reserve land for schools, parks, playgrounds, thoroughfares, utility easements and other public purposes as specified, in accordance with the provisions of the Subdivision Map Act. (Ord. 341 § 1 (19.1.300 (part)), 1979)
17.04.080 Concurrent Application Processing
Subdivision applications subject to discretionary review that also include an associated development review entitlement shall be reviewed concurrently, consistent with review procedures identified in this chapter. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority designated by the Subdivision Regulations or Zoning Regulations for any of the applications.
17.04.060 090 Subdivider Responsibilities
The subdivider shall prepare maps consistent with the standards contained in this title, and design public improvements consistent with the public improvement standards of the city. He They shall process the maps in accordance with the regulations set forth in this title. (Ord. 341 § 1 (19.1.400 (part)), 1979)
17.04.070 100 Planning City Services Director Responsibilities 2025 Subdivision Ordinance Update 4
The planning city services director shall be responsible for design analysis for conformity with the general plan, the environmental design plan and the zoning ordinance; for the environmental quality of the subdivision design; and for the expedient processing of subdivision maps and reports, as provided in this title.
(Ord. 341 § 1 (19.1.400 (part)), 1979)
17.04.080 110 Engineer Responsibilities
The city engineer shall be responsible for reporting to the planning commission and the city council as to engineering requirements including street width, grade and alignment, and whether the proposed public improvements are consistent with the regulations contained in this title, and for the inspection and ultimate approval of all such public improvements.
(Ord. 341 § 1 (19.1.400 (part)), 1979)
17.04.090 120 Planning Commission Responsibilities
The city planning commission, if established, shall act as the advisory agency to the city council. It is charged with making investigations, reports and recommendations on proposed subdivisions as to their conformance to the general plan, the environmental design plans and this title. The planning commission shall report its actions and recommendations concerning the subdivision to the city council. (Ord. 341 § 1 (19.1.400 (part)), 1979)
HISTORY
Amended by Ord. 576 on 6/25/2019
17.04.100 130 City Council Responsibilities
The city council shall have final jurisdiction to approve, conditionally approve or deny in the approval of tentative and final subdivision maps pursuant to 17.16 and 17.20, the establishment of requirements for and standards of design of public improvements, and the acceptance of lands and public improvements that may be proposed for dedication as a result of the subdivision process. (Ord. 341 § 1 (19.1.400 (part)), 1979)
17.04.110 140 Referrals To Other Agencies
Maps of proposed subdivisions shall be referred to all special districts, governmental boards, bureaus, utility companies and other agencies which provide public and private facilities and service to the subdivision, and to such other agencies which the planning city services director determines may be affected, for their information and comment.
(Ord. 341 § 1 (19.t.400 (part)), 1979)
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17.08 Definitions
17.08.010 Generally
17.08.020 Alley
17.08.030 Block
17.08.040 City Engineer
17.08.050 040 Collector Street
17.08.060 Condominium
17.08.070 Community Apartment Project
17.08.080 050 Cul-De-Sac
17.08.090 060 Final Map
17.08.100 070 Flag Lot
17.08.110 180 Freeway
17.08.120 190 Frontage Road
17.08.130 100 General Plan
17.08.140 110 Industrial Street
17.08.150 120 Intersection
17.08.160 130 Local Street
17.08.170 140 Loop Street
17.08.180 150 Lot
17.08.190 160 Major Arterial
17.08.200 170 Parcel Map
17.08.210 180 Parcel Map Subdivision
17.08.220 Planning Commission
17.08.230 Planning Director
17.08.240 190 Preliminary Map
17.08.250 200 Public Improvement
17.08.260 Public Works Director
17.08.270 210 Standard Specifications
17.08.280 220 Street
17.08.290 230 Subdivider
17.08.300 240 Subdivision
17.08.310 250 Subdivision Committee
17.08.320 260 Subdivision Design
17.08.330 270 Subdivision Map Act
17.08.340 280 Tentative Map
17.08.290 Tentative Parcel Map
17.08.300 Vesting Tentative Map
17.08.010 Generally
Whenever any words or phrases used in this title are not defined in this chapter, but are defined in the Subdivision Map Act of the Government Code of the state, or in the zoning ordinance of the city, the definitions are incorporated in this chapter and shall apply as though set forth in this chapter in full, unless the context clearly indicates a contrary intention.
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(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.020 Alley
"Alley" means a street providing only secondary access to abutting property. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.030 Block
"Block" means an area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.040 City Engineer
"City engineer" means the Lindsay city engineer.
(Ord. 341 § 1 (Art. 2(part)), 1979)
17.08.050 040 Collector Street
"Collector street" means a street designed to collect and distribute traffic between local streets and arterials.
(Ord. 341 § 1 (Art. 2(part)), 1979)
17.08.060 Condominium
"Condominium" means a property conforming to the definition set forth in the Civil Code of the state. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.070 Community Apartment Project
"Community apartment project" means a property conforming to the definition set forth in the Business and Professions Code of the state.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.080 050 Cul-De-Sac
"Cul-de-sac" means a local street open at only one end, which has a turnaround for vehicles at the closed end.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.090 060 Final Map
"Final map" means a map, prepared in accordance with the provisions of the Subdivision Map Act and this title, designed to be placed on record in the office of the county recorder. (Ord. 341 § 1 (Art. 2 (part)), 1979)
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17.08.100 070 Flag Lot
"Flag lot" means a lot having its buildable area removed from a public street, and being connected to the street by means of a narrow extension or access strip.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.110 080 Freeway
"Freeway" means a divided arterial highway designed for through traffic having grade-separated intersections and full control of access.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.120 090 Frontage Road
"Frontage road" means a street adjacent and auxiliary to a freeway or arterial, and separated by a divider strip, which street provides access to abutting property. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.130 100 General Plan
"General plan" means the general plan for the future development of the city. (Ord. 341 § 1(Art. 2 (part)), 1979)
17.08.140 110 Industrial Street
"Industrial street" means a street which serves an industrial area and connects the area to the major street system.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.150 120 Intersection
"Intersection" means the place at which two or more streets meet. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.160 130 Local Street
"Local street" means a street which provides direct access to abutting properties, primarily in residential districts.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.170 140 Loop Street
"Loop street" means a local street which intersects the same collector street at both its ends and has not intermediate intersections with through streets.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.180 150 Lot
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"Lot" means a parcel or portion of land, established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a subdivision map or parcel map. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.190 160 Major Arterial
"Major arterial" means a street designed to serve high volume intercity and intracity traffic and to act as a distributor between freeways, other arterials and major traffic generators. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.200 170 Parcel Map
"Parcel map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act designed to be placed on record in the office of the county recorder. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.210 180 Parcel Map Subdivision
"Parcel map subdivision" means any real property, including condominiums, planned unit development or resubdivision, improved or unimproved; which is divided into four or fewer lots, or is divided as described in subparagraphs (a), (b), (c) and (d) under Section 66426 of the Subdivision Map Act, either by establishing new lot lines or changing existing lot lines, for the purpose of sale, lease or financing. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.220 Planning Commission
"Planning commission" means the city planning commission. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.230 Planning Director
"Planning director" means the city planning director.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.240 190 Preliminary Map
"Preliminary map" means a map to be submitted to the planning city services director prior to the filing of a tentative map to show the general characteristics of the proposed subdivision and any other data necessary to enable the subdivision committee to review the proposed subdivision design. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.250 200 Public Improvement
"Public improvement" means street work, utilities and other facilities proposed or required to be installed within the subdivision for the general use of all the subdivision lot owners and for local neighborhood or community needs.
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(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.260 Public Works Director
"Public works director" means the city public works director. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.270 210 Standard Specifications
"Standard specifications" means all the standard specifications and standard detailed drawings prepared by the city engineer and approved by resolution of the city council. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.280 220 Street
"Street" means an improved facility used for vehicular traffic. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.290 230 Subdivider
"Subdivider" means a person, firm, corporation, partnership or association which proposes to divide, causes to be divided or divides real property for itself or for others, except employees or representatives of such persons or entities, acting in such capacity, are not subdividers. (shall be as defined in the Subdivision Map Act.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.300 240 Subdivision
"Subdivision" shall be as defined in the Subdivision Map Act. According to the Subdivision Map Act:
“Subdivision” means 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 4125 or 6542 of the Civil Code, a community apartment project as defined in Section 4105 of the Civil Code or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.310 250 Subdivision Committee
"Subdivision committee" means a review committee comprised of the city engineer, the public works director, the planningcity services director and a public safety official, or their designated representative. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.320 260 Subdivision Design
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"Subdivision design" means the overall layout of the proposed subdivision, including, but not limited to, the arrangement of streets and intersections, the layout and size of lots, the widths and locations of easements and rights-of-way for utilities, drainage structures, sewers, the nature and location of public or semipublic facilities, programs for the preservation of natural features and the installation of public improvements.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.330 270 Subdivision Map Act
"Subdivision Map Act" means the Subdivision Map Act of Division 2 of Title 7 of the Government Code of the state, and such revisions as may be made by the California Legislature. (Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.340 280 Tentative Map
"Tentative map" means a map made in accordance with the provisions of the Subdivision Map Act to show the design of a proposed subdivision and the existing conditions in and around the subdivision. It need not be based upon a detailed final survey of the property, except as otherwise provided in this title and the Subdivision Map Act; however, it shall be graphically accurate to reasonable tolerances. Tentative maps are the map category that includes Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative and Tract Maps.
(Ord. 341 § 1 (Art. 2 (part)), 1979)
17.08.290 Tentative Parcel Map
A “Tentative Parcel Map” is the tentative map type required for all subdivisions with four or fewer lots or if greater than four lots if consistent with 17.24. A Parcel map is the recording mechanism for Tentative Parcel Maps.
17.08.300 Vesting Tentative Map
“Vesting tentative map” refers to a map made which meets the requirements of a tentative map and Chapter 17.44 and has the words “vesting tentative map” printed on it. The vesting tentative map conveys development rights for subdivisions according to Chapter 17.44. 2025 Subdivision Ordinance Update 11
17.12 Preliminary Map
17.12.010 Subdivision Committee Established
17.12.020 Contents And Preliminary Conference
17.12.010 Subdivision Committee Established
A subdivision committee is established consisting of the city engineer, the public works director, the planning director and a public safety official, or their designated representative. The city council, by resolution, may appoint additional individuals or employees as members of the subdivision committee as deemed necessary.
(Ord. 341 § 1 (19.3.100), 1979)
17.12.020 Contents And Preliminary Conference
Prior to the filing of a tentative map, the subdivider shall submit to the planning director fifteen copies of a preliminary map at a scale and in detail sufficient to indicate the essential characteristics of the subdivision including the number, size and design of lots; the location and width of streets; the location of any reservations or easements; the general nature and extent of grading; the relation of the subdivision to all surrounding lands; and any other data necessary to enable the subdivision committee to review the proposed subdivision. The planning director will then, within thirty days, schedule a conference of the subdivision committee with the subdivider on the preliminary map. The committee will make such general recommendations to the subdivider as seem proper regarding the preliminary map, and shall recommend consultations by the subdivider with such other public or private agencies as it designates. The subdivision committee shall furnish written copy of its recommendations to the subdivider and to all other public or private agencies which may be interested.
(Ord. 341 § 1 (19.3.200), 1979)
17.12 Types of Maps Required
17.12.010 Purpose of Provisions
17.12.020 Tentative Tract Maps
17.12.030 Tentative Parcel Maps
17.12.040 Vesting Tentative Maps
17.12.050 Final Maps
17.12.060 Overview of Required Maps
17.12.010 Purpose of Provisions
This chapter describes the Subdivision Map Act requirement for types of maps to be submitted as part of various subdivision project applications.
17.12.020 Tentative Tract Maps
Pursuant to Chapter 17.16 (Tentative Maps), a Tentative Tract Map shall be required for all subdivisions that result in the creation of five or more lots or parcels, unless a Tentative Parcel Map is required pursuant to Section 17.24 (Parcel Map Subdivision).
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17.12.030 Tentative Parcel Maps
Application Type. Pursuant to Chapter 17.16 (Tentative Maps) a Tentative Parcel Map shall be required under the following circumstances:
A. For all land divisions resulting in the creation of four or fewer lots or parcels.
B. Projects to construct a Condominium or Community Apartment Project on a single parcel for which the Tentative Tract Map and Final Map requirement has been waived pursuant to Chapter
16.14. C. All subdivisions that result in five or more parcels or lots if one of the following circumstances exists:
1. The land before the division contains less than five acres, each parcel created by the division abuts a maintained public street, highway, and no dedications or improvements are required by City Council; or
2. Each parcel created by the division has a gross area of twenty 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 City Council as to street alignments and widths; or
4. Each parcel created by the division has a gross area of forty acres or more or is not less than a quarter of a 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.
17.12.040 Vesting Tentative Maps
Pursuant to Chapter 17.44 (Vesting Tentative Maps), a Vesting Tentative Map (inclusive of either a vesting tentative tract map or a vesting tentative parcel map) may be filed for residential developments.
17.12.050 Final Maps
Following approval of a tentative tract map, a subdivider may cause a final map to be prepared pursuant to Chapter 17.20 (Final Map).
17.12.060 Overview of Required Maps
Project Type Maps Required Notes
Subdivisions creating four or fewer
lots or any subdivision type not
requiring a final map
Tentative Parcel map or
vesting tentative map
and parcel map
See 17.16 and 17.24 to determine
if a Tentative Parcel map or
Tentative Tract map is required.
Subdivisions creating five or more lots
or subdivision types requiring a final
map
Tentative Tract map or
vesting tentative map
and final map
See 17.16 and 17.24 to determine
if a Tentative Parcel map or
Tentative Tract map is required
Lot line adjustments between four or
fewer existing adjoining parcels as
described in the SMA 66412(d)
Map exhibit, drawn to
scale, and suitable for
recording
Tentative map or record of survey
may be submitted with the
application
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Lot line adjustments between five or
more existing adjoining parcels
Tentative Tract map or
vesting tentative Tract
map and final map
See 17.16 and 17.24 to determine
if a Tentative Parcel map or
Tentative Tract map is required.
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17.16 Tentative Map
17.16.010 Filing17.16.010 Purpose
17.16.020 Application Requirements
17.16.020 Fees
17.16.030 Preparation
17.16.040 Size and Scale
17.16.050 Vicinity Sketch
17.16.060 Information Required
17.16.070 Street Names
17.16.080 Accompanying Data StatementApproval of Tentative Map
17.16.090 Distribution
17.16.100 Planning Commission Action
17.16.110 Council Action
17.16.120 Conditions of Approval
17.16.120 130 Approval Notice
17.16.130 140 Standards Compliance Required
17.16.010 Purpose
This chapter outlines the requirements for submitting a tentative map application, the procedures for reviewing it, and the necessary findings for its approval or denial. The term “tentative” map refers to the initial map that undergoes review for either a “parcel” or “final” map subdivision. See Chapter 17.44 for additional review requirements that apply to vesting tentative maps.
17.16.010 020 Application FilingRequirements
The subdivider shall:
A. File with the planning director City Services Department twenty as many copies and one sepia and such other copies and data asthat may be required requested of the tentative map for each proposed subdivision. The planning director shall indicate upon all copies of the tentative map and accompanying data, the date of filing, which shall be the date on which all required maps, tracings and accompanying data are deposited in the office of the director.
B. Pay a filing fee to the City as established by resolution of the City Council.
C. A preliminary title report, showing the legal owners at the time of the filing of the tentavive map and prepared not more than 90 days prior to the submittal of the application.
A.D. All items reference withing the preliminary title report shall be submitted for review (i.e. deeds, easements, and record maps) when submitting application. (Ord. 341 § 1 (19.4.100), 1979)
17.16.020 Fees
At the time of filing a tentative subdivision map, the subdivider shall pay an application fee as established by resolution of the city council.
(Ord. 341 § 1 (19.4.200), 1979)
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17.16.030 Preparation
The tentative map shall be prepared in accordance with the provisions of the Subdivision Map Act and this title.
(Ord. 341 § 1 (19.4.300), 1979)
17.16.040 Size and Scale
The tentative map shall be submitted on sheets eighteen inches by twenty-six inches (18’’ x 26’’) in size.
The scale of a tentative map of a subdivision shall be not less than one-inch equals one hundred feet (1’’ = 100’), and the map shall be clearly and legibly reproduced. A licensed land surveyor or registered civil engineer authorized to practice land surveying shall prepare and sign the map along with his/her seal or stamp and date of signing per the Professional Land Surveyor’s Act, Section 8761.The map shall have been prepared by a registered civil engineer or a licensed land surveyor. (Ord. 341 § 1 (19.4.400), 1979)
17.16.050 Vicinity Sketch
A vicinity sketch at a scale of one-inch equals one thousand feet shall be drawn on the tentative map. It shall show the street and tract lines and names or numbers of all existing subdivisions, and the outline of acreage parcels of land adjacent to the proposed tract. (Ord. 341 § 1 (19.4.500), 1979)
17.16.060 Information Required
The following information shall be shown on the tentative map or in an accompanying data statement:
A. Any subdivision containing five lots or more shall be given a tract name and unit number, if applicable. The tract names shall not duplicate or nearly duplicate the name of any tract in the city;
B. The name and address of the record owner or owners;
C. The name and address of the subdivider; if different from the record owner, there shall be a statement of the record owner authorizing the subdivider to act; D. The name and address of the person, firm or organization preparing the tentative map, and a statement indicating the record owner'’s permission to file the map; E. The date, north arrowpoint and a written and graphic scale; F. A sufficient description to define the location and boundaries of the proposed subdivision, and total and net areas;
1. F.G. The location, names and existing widths and grades of adjacent streets and document reference shall be shown;
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G.H. The names or numbers of adjacent tracts and the names of owners of adjacent unplatted land. Identify adjoining properties with owner name, assessor parcel number and deed document reference;
H.I. The contours at one-foot intervals for predominant ground slopes within the tract between level and five percent, and five-foot contours for predominant ground slopes within the tract over five percent. The contours shall be based on the city datum. The closest city benchmark shall be used and its elevation called out on the map. Benchmark information shall be obtained from the city engineer;
I.J. A grading plan, showing by appropriate graphic means the proposed grading of the subdivision; J.K. The approximate location of all isolated trees with a trunk diameter of four inches or greater, within the boundaries of the tract, and the outlines of groves or orchards. The general description of trees should include and indication as to their size (diameter) and type, if known; K.L. The approximate boundaries of areas subject to inundation or storm water overflow, and the location, width and direction of flow of all watercourses; L.M. The existing use or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines and notations concerning all structures which are to be removed;
M.N. A statement of the present zoning and proposed use of the property, as well as proposed zoning changes, whether immediate or future;
N.O. Any proposed public areas;
O.P.Any proposed lands to be retained in private ownership for community use. When a subdivision contains such lands, the subdivider shall submit with the tentative map the proposed articles of incorporation of an owner'’s or tenant'’s organization legally empowered to own, maintain and pay taxes on the lands;
P.Q.The approximate widths, locations and uses of all existing or proposed easements for drainage, sewerage and public utilities and document reference for all existing easements shall be shown; Q.R. The approximate radius of each curve;
R.S. The approximate layout and lines and approximate dimensions of each lot, and the number assigned to each lot;
S.T. The area of each lot;
T.U.A statement of the domestic water source or sources as well as a water will serve letter; U.V.A statement of provisions for sewerage and sewage disposal; V.W. Preliminary indication of needed or proposed storm drain facilities; 2025 Subdivision Ordinance Update 17
W.X. The locations, names, widths, approximate grades and a typical cross-section of curbs, gutters, sidewalks and other improvements of all street and access easements, including proposed locations of all underground utilities;
X.Y. Any proposed dedications, easements and deed restrictions, with the nature of each indicated thereon with the acreage thereof. If land is is to be offered for dedication for park or recreation or landscape perimeter purposes it shall be so designated and labeled as outlots (e.g., outlot A, outlot B, outlot C);
Y.Z. Proposed building setback lines, lower floor elevations, and maximum building elevations, coordinated with topographic elevations, if not in accordance with the city zoning ordinance; Z.AA. The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the subdivision shall be shown on the subdivision map or on the vicinity map as appropriate;
BB. If it is contemplated that the development will proceed by units, the boundaries of such units shall be shown on the tentative map;.
CC. All street rights of way and public easements proposed for abandonment with the final map pursuant to Section 66445(j) or 66434(g) of the Subdivision Map Act shall be clearly listed on the map with reference to the recording data creating those public streets or public easements.All street rights of way and public easements proposed for abandonment with the final map pursuant to Section 66477.2(c) of the Subdivision Map Act shall be clearly shown, or clearly listed on the map in cases where the specific location of the easement cannot be determined. Such abandonments shall follow proper abandonment proceedings under Chapter 5 of Division 9 of the Streets and Highways Code commencing with Section 8320; AA.DD. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: a) the time the tentative map application is filed, or b) after the filing of the tentative map. The right of the subdivider to file multiple final maps shall not limit the ability of the city to impose reasonable conditions relating to the filing of multiple final maps.
(Ord. 341 § 1 (19.4.600), 1979)
17.16.070 Street Names
The following principles shall govern street names in a subdivision:
A. Each street which is a continuation, or approximately the continuation, of any existing dedicated street shall be shown on the tentative map and shall be given the name of the existing street.
When any street forms a portion of a proposed street previously ordered by the city council to be surveyed, opened, widened or improved, the street shall be given the name established in the council order.
B. The words "“street, "“avenue,"” "“boulevard,"” "“place,"” "“way,"” "“court"” or other designation of any street shall be spelled out in full on the map and shall be subject to approval by the planning commission.
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(Ord. 341 § 1 (19.4.700), 1979)
17.16.080 Approval of Tentative Map
Within thirty (30) days of receiving the Tentative Subdivision Map, the City Services Department shall review the map and any alterations needed shall be addressed with the applicant. After the thirty (30) day review period, a fifteen (15) day public hearing notice is published per CEQA requirements, and the project is presented to City Council to approve or disapprove. If approved, the applicant shall prepare an application for the Final Subdivision Map. If disapproved, the Council shall notify the subdivider of its reasons for not granting approval.
17.16.080 Accompanying Data Statement
Such information as cannot be conveniently shown on the tentative map of a subdivision shall be contained in a written statement accompanying the map.
(Ord. 341 § 1 (19.4.800), 1979)
17.16.090 Distribution
A. Within ten days of filing a tentative map of a subdivision, the planning city services director - department shall transmit the requested number of copies of the map together with accompanying data to such public agencies and utilities as may be concerned. Each of the public agencies and utilities may, within twenty days after the map has been filed, forward to the planning director a written report of its findings and recommendations thereon.
B. The planning director city services director shall prepare a written report on the conformity of the tentative map to the provisions of the general plan, any applicable environmental design plan, the zoning ordinance and all other applicable requirements of this and other ordinances and regulations of the city.
C. The city engineer shall prepare a written report of recommendations on the tentative map in relation to the public improvement requirements of this title and the provisions of the Subdivision Map Act.
(Ord. 341 § 1 (19.4 900), 1979)
17.16.100 Planning Commission Action
Within fifty days after the filing of a tentative map of a subdivision or at such later date as may be required to concurrently process the appurtenant environmental impact review documents required by state law and local ordinances, unless such time is extended by agreement with the subdivider, the planning commission, if established, shall act thereon. The planning commission shall hold a public hearing on each application for tentative map. Notice of the public hearing shall be given not less than ten days nor more than twenty-five days prior to the date of the hearing by (1) mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County; and (2) by publishing a notice at least once in a newspaper of general circulation in the city; and (3) by posting on the city website. If the planning commission finds that the proposed map complies with the requirements of this title and the Subdivision Map Act, it shall recommend approval of 2025 Subdivision Ordinance Update 19
the map. If the planning commission finds that the proposed map does not meet the requirements of this title and the Subdivision Map Act, it shall recommend conditional approval or disapproval of the map. (Ord. 341 § 1 (19.4.1000), 1979)
HISTORY
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17.16.110 Council Action
Within ten days after receipt of the report of the planning commission on the tentative map, or at its next regular meetings the city council shall act thereon. The City Council shall hold a public hearing on each application for tentative map. Notice of the public hearing shall be given not less than ten days nor more than twenty-five days prior to the date of the hearing by (1) mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County; and (2) by publishing a notice at least once in a newspaper of general circulation in the city. If the city council finds that the proposed map complies with the requirements of this title and the Subdivision Map Act, it shall approve the map. If the city council finds that the proposed map does not meet the requirements of this title and the Subdivision Map Act, it shall conditionally approve or disapprove the map.
(Ord. 341 § 1 (19.4.1100), 1979)
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17.16.120 Conditions of Approval
In conjunction with the approval of a tentative map, the review authority has the power to impose necessary conditions to fulfill the objectives of this Development Code. These conditions may include matters discussed below, ensuring compliance with the Subdivision Map Act.
Regarding improvements, as a condition of approving a tentative map, the council can require provisions for adequate public services, utilities, cable television services, compliance with design requirements, mitigation of environmental impacts, and proper grading and erosion control. All improvements must adhere to adopted City standards.
When evaluating applications for final maps, the city council applies relevant ordinances, policies, and standards in effect on the date the subdivision proposal was accepted as complete, in compliance with the Subdivision Map Act.
17.16.120 130 Approval Notice
The planning city services director shall notify the subdivider, in writing, of the action taken by the city council, together with one copy of the planning commission's report thereon. One copy of the map and accompanying data and the planning commission's report thereon shall be retained in the permanent file of the planning commission.
(Ord. 341 § 1 (19.4.1200), 1979)
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17.16.130 140 Standards Compliance Required
Approval of the tentative map shall in no way relieve the subdivider of his responsibility to comply with the required conditions and to provide the improvements and easements necessary to meet all city standards.
(Ord. 341 § 1 (19.4.1300), 1979)
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17.20 Final Map
17.20.010 Purpose
17.20.010 020 Filing
17.20.020 030 Accompanying Data Required
17.20.030 040 Size, Material And Scale
17.20.040 050 Title
17.20.050 060 Coordinate System
17.20.060 070 Subdivision Boundary
17.20.070 080 Dimensions, Bearing And Curve Data
17.20.080 090 Lots And Blocks
17.20.090 100 Streets
17.20.100 120 Easements
17.20.110 120 Building Setback Lines
17.20.120 130 High Water Line
17.20.130 140 Monuments
17.20.140 150 Certificates, Acknowledgments And Descriptions
17.20.150 160 Public Improvement Agreement
17.20.160 170 Improvement Security
17.20.170 180 Engineer Action
17.20.180 190 Planning City Services Director Action
17.20.190 200 City Council; Approval
17.20.200 210 City Council; Disapproval
17.20.210 220 Recordation
17.20.220 230 Modifying A Recorded Final Map
17.20.230 240 Fees
17.20.010 Purpose
The purpose of this section is to finalize the subdivision design, engineering of public improvements, and submit a final map for recording. The final map is used for tract maps with five or more lots, providing a detailed representation of the subdivision for legal recording and ownership transfer.
17.20.010 020 Filing
Within the time specified in Section 66452.6(a) of the Government Code of the state of California, after the approval or conditional approval of the tentative map, the subdivider shall file the final map for recordation. The final map shall be in conformance with the approved tentative map and any conditions attached thereto. The original on polyester base film or cloth linen, and five prints of the final map shall be submitted to the city engineer. Upon application of the subdivider filed prior to the expiration of the approved or conditional approved tentative map the time at which the map expires may be extended by the city council for a period or periods not exceeding the total period specified in Section 66452.6(e) of the Government Code of the state of California.; provided, that the provisions of said Sections 66452.6(a) and 66452.6 (e) as amended by Chapter 259 of the Statutes of 1982, shall also apply to any tentative subdivision map approved prior to June 11, 1982, which has not expired by action of law prior to such date.
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(Ord. 382 (part), 1983: Ord. 341 § 1 (19.5.100), 1979)
17.20.020 030 Accompanying Data Required
At the time of submitting the final map of a subdivision to the city engineer the subdivider shall submit therewith the following documents:
A. Traverse SheetsMath Closures. Calculation and traverse sheetsClosure calculations in a form approved by the city surveyor, giving providing bearings and distances and curve data coordinates of the boundary of the subdivision and blocks, and lots, street centerlines and/any all linestherein shown on the final map;
B. Copy of approved tentative map and conditions of approval.
C. A current preliminary title report pertaining to the real property proposed to be subdivided. The title report shall be dated not more than ninety (90) days prior to the submittal of the final map application.
D. Copies of record maps and record documents used as references on the final map submitted.
A.E.Draft copies of any off siteoff-site easements or rights of way required.
B.F. Public Improvement Plans. The original tracings of detailed plans, cross-sections and profiles, and of all other improvements to be installed as required by the provisions of this title or proposed by the subdivider in, on, over or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the city engineer for his approval and signature. All such plans shall be prepared in accordance with the requirement of the city engineer. Plan sheets shall be twenty-four inches by thirty-six inches with plan and profile drawn to a scale of one inchone-inch equals fifty feet, or to an appropriate scale previously approved by the city engineer. A no-access rights certificate shall be shown on the final map where required by the city engineer;
C.G. Design Data. Design data, assumptions and computations for proper analysis in accordance with sound engineering practices;
D.H. Report and Guarantee of Clear Title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of the map and for dedication of the streets, alleys and other public places shown on the map and certifying that as of the date of the preparation of the report, the persons therein named are all the person necessary to give clear title to the subdivision. At the time of recording the map, following approval by the city council, there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (name them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to the subdivision and to the dedication shown thereon;
E.I. Preliminary Soil Report. A preliminary soil report prepared by a civil engineer registered by the state, based upon adequate test borings or excavations. The fact that a soil report has been 2025 Subdivision Ordinance Update 23
prepared shall be noted on the final map in accordance with the Subdivision Map Act. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer registered by the state. The soil investigation shall recommend corrective action intended to prevent structural damage to each dwelling proposed to be constructed on expansive or unstable soil. The report shall be filed with the city building department.
(Ord. 341 § 1 (19.5.200), 1979)
17.20.030 040 Size, Material And ScaleFinal Map Form and Content The final map shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth.
Signatures shall be in opaque black ink. The dimensions of each sheet of the map shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be sufficient to show all details clearly and in no case shall be less than one-inch equals one hundred feet. Enough sheets shall be used to accomplish this end.
The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and the relation of each adjoining sheet shall be clearly shown by a small key map on the first sheet. Each sheet shall show north point and written and graphic scale. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom. The location of the subdivision within the city shall be shown by a small-scale map on the first sheet. (Ord. 341 § 1 (19.5.300 (part)), 1979)
Parcel and Ffinal maps shall include all information and other materials prepared as required by the City policies, adopted standards, and theArticle 2 of Final Maps of the Subdivision Map Act.
A. The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing permanent record in black on mylar. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet shall be 18 inches by 26 inches or 460 millimeters, leaving an entirely blank margin of one (1) inch or 25 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on eacho of the sheets, and its relation to adjoining sheet shall be clearly shown.
1. If more than two (2) sheets are used to show the actual layout of the streets and lots, an index map shall be used showing the relationship of the sheets;
17.20.040 050 Title
The title ofOn each sheet of the final map shall consist of the approved subidivision name, if one is used and unit number of the tract. On the first sheet there shall be a full legal description of the exterior boundaries of the area subdivided and an abbreviated legal description shall be shown below the title on 2025 Subdivision Ordinance Update 24
all sheets., if any. Maps filed for the purpose of showing as acreage land previously subdivided shall be conspicuously marked with the words "Reversion to Acreage." (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.050 060 Coordinate System
Wherever the city engineer has established a system of coordinates, then the survey shall be tied into the system. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name or number and place of record, or other proper designation.
Whenever coordinates are shown for points on a final map, it may not be recorded unless it shows, or is accompanied by a map showing, the control scheme through which the coordinates were determined from points of known coordinates. Provide all required information per Section 8813.1 of the California Public Resources Code.
(Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.060 070 Subdivision Boundary
An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. All survey and mathematical information and data traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, shall close within a limit of one foot to ten thousand feet of perimeter. The exterior boundary of the subdivision shall be indicated on the final map by a blue line approximately one-sixteenth eighth (1/8) of an inch wide. Any area within the exterior boundary line which does not constitute a part of the subdivision shall be labeled "not a part” of this subdivision." and shall be deemed to be a “designated remainder” which shall be labeled as such with area stated. All lines enclosing the excluded areas shall be dashed. (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.070 080 Dimensions, Bearing And Curve Data
The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereonon the map shall be shown, including bearings and distances of straight lines. If a course is a curve, the radius, length of curve or bearing and length of chord, and central angle shall be shown. If the ends of a curve are not tangent to the preceding or following courses and the chord along with its bearing and length are not shown, the radial of the end of the curve, with its bearing, shall be shown , and radii and arc length or chord bearings and length for all curvescentral angle, radius, and arc length of curves, and such any information as that may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.080 090 Lots And Blocks
All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case.
Parcels Land offered for dedication other than for streets or easements shall be designated by letter (e.g. 2025 Subdivision Ordinance Update 25
outlot A, outlot B, outlot C). Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more sheets, and wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications.
(Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.090 100 Streets
The map shall show the right-of-way lines of each street, and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within fifty feet of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of an existing street, the conformity or the amount of nonconformity of the street to the existing streets shall be accurately shown. Whenever the centerline of a street has been established or recorded, the data shall be shown on the final map. Each street shall be named or otherwise designated to include recorded reference document information. (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.100 110 Easements
The side lines of all easements shall be shown by fine dashed lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference shall appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement shall be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate them with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference shall be given. If an easement is being dedicated by the map, it shall be set out in the owner's certificate of dedication per Section 66439 of the Subdivision Map Act.
(Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.110 120 Building Setback Lines
The map shall show all building setback lines which do not conform with the zoning ordinance, by long dash lines, and shall be labeled.
(Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.120 130 High Water Line
The map shall show the mean high-water line with a fine continuous line in case the subdivision is adjacent to a waterway, and shall also show with a fine continuous line any lots or portions thereof which are subject to inundation by a one-hundred-year frequency storm. (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.130 140 Monuments
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The map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, by section, township and range, or other proper designation. Any monument or benchmark, as required by this title, that is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider. The following required monuments shall be shown on the final map:
A. The location of all monuments placed in making the survey. If any points were reset by ties, that fact shall be stated;
B. Concrete monuments depressed below street grade with case iron ring and cover of a type approved by the city engineer shall be set at intersections of street centerline tangents or offsets therefrom, or as required by the city engineer. The exact location of all such monuments shall be shown on the final map;
C. All lot corner pipes;
D. Monuments shall be set after approval of the final map by the city council, and prior to acceptance of the public improvements by the city council;
E. Any monument or benchmark required by this title, that is disturbed before acceptance of all improvements, shall be replaced by the subdivider.
(Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.140 150 Certificates, Statements, Acknowledgments And Descriptions The title sheet of the map, below the title, shall show the name of the registered civil engineer authorized to performland surveying or licensed surveyor authorizedto performland surveying, together with the date of the survey, the scale of the map and the number of sheets. The following certificates, statements, acknowledgments and description shall appear on the title sheet of the final maps, and the certificates may be combined where appropriate:
A. Owner’s Statement of all Certificate by pParties hHolding record tTitle interest in the subdivided real property. A statement certificate in accordance with the provisions of the Section 66436 of the Subdivision Map Act with dedications in accordance with Section 66439(d) of the Subdivision Map Act;
A.B.Notary Public certificate for execution where certificate of statements required by this chapter or the Subdivision Map Act require a notary public certificate per Civil Code 1189
1. Dedication Certificates. A certificate in accordance with the Subdivision Map Act; B.C.Engineer's Engineer’s /or Surveyor's StatementCertificate. A statement certificate in accordance with the Section 66441 and 66442.5 of the Subdivision Map Act. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the final map along with his/her seal or stamp and date of signing per the Professional Land Surveyor’s Act, Section 8761; C.D.Certificate to be Executed. Statements Certificates for execution by each of the following:
1. City engineer in accordance with Section 66442 of the Subdivision Map Act, 2025 Subdivision Ordinance Update 27
1.2.City surveyor in accordance with Section 66442 of the Subdivision Map Act,
2.3.Secretary to the city planning commission indicating the date of the meeting on which the tentative map was approved and a reference to the resolution approving the tentative map, in a format determined by the City Engineer or City Surveyor and the City Services DirectorPlanning Director,
3.4.City clerk to include any real property that is offered for dedication for public use on the final map or by separate instrument, a statement signed by the city clerk shall be provided on the final map stating that the city council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, in a format determined by the City Engineer or City Surveyor and the City Services DirectorPlanning Director,
5. County recorder in accordance with Section 66442.5 of the Subdivision Map Act;
6. Tax collector’s statement signed by the county tax collector, stating that all due taxes and special assessments collected as taxes have been paid or that a bond or other security assuring the payment of all taxes or special assessments collected as taxes which are liens but are not yet payable, has been filed with the county, in a format determined by the City Engineer or City Surveyor and the City Services DirectorPlanning Director,
4.7.Signatory Ommissions statement pursuant to the provisions of Section 66436 of the Subdivision Map Act.
E. Description of Property. A brief description of all property being subdivided. Each reference in the description to any tract or subdivision shall show a complete reference to the book and page of records of the county. The description shall also include reference to any vacated area with the number of the ordinance of vacating thereof;
F. Other Affidavits. Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and by this title;
G. Certificate Regarding Tax Lien. Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in Article 8 of the Subdivision Map Act or any amendment thereto relating to taxes and assessments. (Ord. 341 § 1 (19.5.300 (part)), 1979)
17.20.150 160 Public Improvement Agreement
Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all public improvement work to the satisfaction of the city engineer, and providing that if he fails to complete the work within the period, the city may complete it and recover the full cost and expense thereof from the subdivider or his surety. The agreement shall also provide for inspection of all public improvements by the city engineer and that the cost of the inspections shall be reimbursed to the city by the subdivider. The agreement may also provide the following:
A. For the construction of the improvements in units;
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B. For extension of time under conditions therein specified. (Ord. 341 § 1 (19.5.400), 1979)
17.20.160 170 Improvement Security
A. The subdivider shall file with the agreement required by the provisions of Section 17.20.150 of this chapter, to assure his full and faithful performance thereof, a bond or security for such sum as the city engineer deems sufficient to cover the cost of the improvements. The security shall be in the manner, form and kind provided by the Subdivision Map Act. The security shall generally be in the amount of one hundred percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of fifty percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The city council may require a lesser amount to secure the faithful performance or act, due to the implementation/use of city programs that allow for a lesser amount, but in no case shall such amount be less than fifty percent of the total estimated cost of the improvement or of the act to be performed. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one year following acceptance of the improvements by the city.
B. In lieu of a one hundred percent performance bond and fifty percent labor and materials bond, surety may be assured by the filing of an instrument of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one hundred fifty percent of the cost of the work estimated by the city engineer. The trust fund shall be maintained in a financial institution subject to regulation by the state and federal governments with the trust fund limited to the following conditions:
1. Ten percent of the cost, representing a labor and materials deposit, to be retained for thirtyfive days after the filing of the notice of completion;
2. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety percent of value of work completed, with authorization of the city engineer, until all work is completed and the notice of completion is filed;
3. Prior to the final acceptance by the city of improvements, the subdivider shall provide the city with a one-year maintenance bond in the amount of one hundred percent of the estimated cost of improvements.
C. In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has completed them, or if the subdivider fails to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one-year guarantee period, the city shall demand performance of the agreement by the bonding company, or use the cash or other security deposit placed with the city by the subdivider to do the work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of the bond or certification less the cost 2025 Subdivision Ordinance Update 29
and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured, in an action to be brought therefor by the city.
D. The city will require that the completion of all improvements be secured under the provisions of this title and will not permit completion of the improvements by assessment act financing.
E. All required improvements shall be constructed under the inspection of the director of public works, planningcity services director and/or the city engineer. The cost of inspection of work shall be paid by the subdivider in an amount, as determined by the city engineer, sufficient to pay for the inspection, and in no case less than two percent of the estimated cost of the improvements.
F. No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon the certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval of the city council. (Ord. 519 § 1, 2006: Ord. 341 § 1 (19.5.500), 1979)
17.20.170 180 Engineer Action
Upon receipt of the final map and other data submitted therewith, the city engineer shall examine them to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of this title or any other ordinance and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with. The city surveyor will examine the map and make sure , and that he or she is satisfied that the map is technically correct. If the city engineer determines the final map is not in full conformity with the tentative map, he or she shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions. If the city engineer finds the final map to be in correct form and the matters shown therein are sufficient, the city engineer shall endorse his approval thereon and transmit it to the city council for approval. (Ord. 341 § 1 (19.5.600), 1979)
17.20.180 190 Planning City Services Director Action
The planning city services director shall certify to the city engineer that the final map is in full conformity with the approved tentative map, and all provisions of the zoning ordinance, by endorsing his approval thereon.
(Ord. 341 § 1 (19.5.700), 1979)
17.20.190 200 City Council; Approval
At its first regular meeting following the filing of the final map with the city clerk by the city engineer as aforesaid, the city council shall consider the map, the plan of subdivision, and the offers of dedication. The council may reject any or all offers of dedication, and may, as a condition precedent to the acceptance of any streets or easements or the approval of the subdivision, require the subdivider, at his option, to either improve or agree to improve the streets, install such drainage and utility structure and service as it determines, and within the period it specifies. The agreement shall include and have incorporated as part thereof, the plans, specifications and profiles referred to and required under Section 17.20.150-160. If the city council determines that the map is in conformity with the requirements of this title, that it is satisfied 2025 Subdivision Ordinance Update 30
with the plans of subdivision, and accepts all offers of dedication, it shall approve the map and the city clerk shall thereupon so certify upon the map and transmit it to the clerk of the board of supervisors of the county in conformity with the Subdivision Map Act.
(Ord. 341 § 1 (19.5.800), 1979)
17.20.200 210 City Council; Disapproval
If the city council determines either that the map is not in conformity with the requirements of this title, or that it is not satisfied with the plans of subdivision, or if it rejects any offer or offers of dedication, it shall disapprove the map specifying its reason therefor and the city clerk shall in writing advise the subdivider of the disapproval, and of the reason or reasons for the disapproval. Within thirty days after the city council has disapproved any map, the subdivider may file with the city engineer a map altered to meet the approval of the city council. In such case the city engineer shall review the altered map for conformance with the requirements of the city council and shall then submit the altered map to the city council for its approval along with a certification that the altered map is technically correct. No final map shall have any force or effect until it has been approved by the city council and no offer of dedication shall be accepted until the county clerk has recorded the map with the county recorder. (Ord. 341 § 1 (19.5.900), 1979)
17.20.210 220 Recordation
When the city council has approved the final map as set forth in this chapter, and when the subdivider has filed with the city clerk the applicable agreement and sureties, and when the agreement and sureties have been approved by the city attorney, as to form and sufficiency, the city clerk shall present the map to the county clerk, who shall recorded it with the county recorder. (Ord. 341 § 1 (19.5.1000), 1979)
17.20.220 230 Modifying A Recorded Final Map
The city council may approve the modification of a recorded final map under the following conditions and directions:
A recorded final map may be modified by a certificate of correction or an amending map, if the city council finds that there are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the city council finds that the map as modified conforms to Section 66474 of the Subdivision Map Act.
Any modification shall be set for public hearing as provided for in Section 66451.3 of the Subdivision Map Act. The city council shall confine the hearing to consideration of and action on the proposed modification.
A certificate of correction or amending map shall be prepared by a registered civil engineer or licensed surveyor prior to approval by the city council and be certified by the city engineer prior to filing at the office of the county recorder.
(Ord. 549, Art. 1, 2015)
17.20.230 240 Fees
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At the time of filing a final subdivision map, amending map, or certificate of map correction the applicant shall pay such fees as established by resolution of the city council. (Ord. 549, Art. 1, 2015)
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17.24 Parcel Map Subdivision
17.24.010 Applicability
17.24.020 Tentative Parcel Map; Filing And Fees
17.24.030 Tentative Parcel Map; Contents
17.24.040 Tentative Parcel Map; Consideration
17.24.050 Tentative Parcel Map; Planning Commission Action
17.24.060 Required Conditions And Improvements
17.24.070 Appeal
17.24.080 Recording Time Limit
17.24.090 Final Parcel Map; Preparation
17.24.100 Final Parcel Map; Field Survey
17.24.110 Final Parcel Map; Form
17.24.120 Final Parcel Map; Information Contained
17.24.130 Final Parcel Map; Certificates and Statements
17.24.140 Final Parcel Map; Improvement Agreement And Security
17.24.150 Final Parcel Map; Recording
17.24.160 Final Parcel Map, Recorded; Modification Of
17.24.170 Lot Line Adjustment
17.24.180 170 Merger And Reversion To Acreage
17.24.010 Applicability
The purpose of this section is to provide clear guidelines and regulations for the subdivision process involving parcel maps. The section aims to ensure accurate, well-planned, and legally compliant parcel subdivisions, facilitating the orderly development of land.
17.24.010 Applicability
Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements pertaining to parcel map subdivisions. (Ord. 341 § 1 (19.6.100), 1979)
17.24.020 Tentative Parcel Map; Filing And Fees
A. A completed application form, of which the blank form shall be provided by the planningcity services department.
A.B.Twenty Five hard copies, and one electronic submittal of the tentative parcel map shall be filed with the planning director City Services Director.
C. The tentative parcel map shall be accompanied by an application fee and environmental impact fee as established by city council resolutions.
D. A preliminary title report, showing the legal owners at the time of the filing of the tentative parcel map and prepared not more than 90 days prior to the submittal of the application. 2025 Subdivision Ordinance Update 33
B.E.All items referenced with the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
C.F. The planning directorCity Services Director may refuse to accept a tentative parcel map which is inaccurate, illegible, incomplete or which fails to comply with the requirements of this chapter. (Ord. 341 § 1 (19.6.200), 1979)
17.24.030 Tentative Parcel Map; Contents
The size of each sheet shall be eighteen inches by twenty-six inches. The tentative parcel map shall be prepared by a licensed surveyor or a registered civil engineer authorized to perform land surveying., The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the tentative parcel map along with his/her seal or stamp and date of signing per the Professional Land Surveyor’s Act, Section 8761, prepared by a registered civil engineer or licensed land surveyor legibly drawn, in pencil or ink, and shall use a decimal or engineer's scale of not less than one-inch equals one hundred feet unless the planning directorCity Services Director determines that a different scale will be adequate and appropriate for the tentative map. The tentative map shall clearly show the following information:
A. The lines, dimensions and boundaries of the original parcel, with a legal description of the original parcel attached to the map;
B. The lines, dimensions, computed area and boundaries of each parcel to be created; B.C.Name of adjacent parcels or subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision, as well as . Identify adjoining properties with owner name, assessor parcel number and deed document reference.
C.D.All existing surface and underground structures and improvements located on the original parcel together with the exterior dimensions of the structures and improvements, the distance between structures and improvements, the number of stories or the height of each structure and the distance from the structures and improvements to the boundary line of the lots which are to be created by the proposed division of land, and notations concerning all structures which are to be removed; The location and width of existing and proposed building setbacks; D.E.The names, locations and widths of all existing and proposed streets, alleys, pedestrian ways and other rights of way, whether public or private, within and adjacent to abutting the original parcel; the radius of each centerline curve; and any planned line for street widening or for any other public project, within and adjacent to the original parcel; E.F. The location, purpose and width of all existing and proposed easements and the names of the owners and proposed owners of the easements with reference document information shown.
Easement boundaries shall be shown by means of a dotted dashed line; F.G. Sufficient elevations and contours to determine the general slope of the land and the high and low points thereof shall be shown; Contour lines at intervals of not more than one foot (1’) unless waived prior to submission by the city engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage 2025 Subdivision Ordinance Update 34
problems, and shall extend beyond the parcel boundaries where necessary to show drainage conditions on surrounding property which may affect the subject parcel boundaries. Topographic survey shall not be waived in areas within the 100-year flood hazard boundary as shown on the most current flood insurance rate map prepared by the federal emergency management agency, along with any approved revisions thereto.
H. Approximate location of all areas subject to flooding or ponding of surface water and any vernal pools or wetlands,, the location, width and direction of flow of all watercourses and the location of selected flood lines;
I. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction. The general description of trees and shrubs shall include an indication as to their size (diameter) and type, if known; J. The location of all railroad rights of way and grade crossings; approximate locations of existing wells, abandoned wells, and sumps; and an indication of any physical restrictions or condition in the parcel boundary which affects the use of the property; K. The locations shown by dashedhatched lines of existing utilities in and adjacent to the parcel boundary; the size and location of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the parcel boundary, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main; L. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width, and direction of flow of all watercourses and flood control channels within and adjacent to the property involved. In areas subject to 100- year flood hazard, base flood elevation and floodway boundary shall be indicated. The location and statement of FEMA flood zone information.
G.M. All street rights of way and public easements proposed for abandonment with the final parcel map pursuant to Section 66445(j) of the Subdivision Map Act shall be clearly shown, or clearly listed on the map with reference to the recording data creating those public streets or public easements.in cases where the specific location of the easement cannot be determined.
Such abandonments shall follow proper abandonment proceedings under Chapter 3 of Division 9 of the Streets and Highways Code commencing with Section 8320.
H.N. Existing use orzonesing and uses of the property;
I.O. Proposed use and zoning of the property and, if property is proposed to be used for more than one purpose, the areas proposed for each type of use and zoning; J.P. Statement of the improvements and public utilities proposed to be made or installed and the time at which the improvements are proposed to be completed; K.Q. North arrowpoint, scale and date of preparation. If based on a survey, the date of the survey;
L.R. Provisions Proposed method of providing for sewage disposal; 2025 Subdivision Ordinance Update 35
S. PThe proposed method of providing water supply, a water will serve letter is required from the City;
M.T. If sepaerate parcel maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: a) the time the tentative map application is filed, or b) after the filing of the tentative map. The right of the subdivider to file multiple final parcel maps shall not limit the abilityauthority of the city to impose reasonable conditions relating to the filing of multiple final parcel maps.
N.U. The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer authorized to practice land surveying or licensed land surveyor authorized to practice land surveying, if any, who prepared the map, and the applicable registration or license number;;
O.V.A statement signed by the owners of the property certifying the division request and accuracy of the information shown.
(Ord. 341 § 1 (19.6.300), 1979)
17.24.040 Tentative Parcel Map; Consideration
The planning commission, or the city council if there is no planning commission established, shall review and approve, conditionally approve or disapprove the tentative parcel map. The planning commission, or the city council if there is no planning commission established, shall hold a public hearing on each application for tentative map. Notice of the public hearing shall be given not less than ten days nor more than twenty-five days prior to the date of the hearing by (1) mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County; and (2) by publishing a notice at least once in a newspaper of general circulation in the city. Within fifty days after the date of filing with the planning directorCity Services Director or at such later date as may be required to concurrently process the appurtenant environmental impact review document required by state law and local regulations.
(Ord. 341 § 1 (19.6.400), 1979)
HISTORY
Amended by Ord. 576 on 6/25/2019
17.24.050 Tentative Parcel Map; Planning Commission Action A. If the planning commission determines that the tentative parcel map complies with all of the provisions of this chapter, it shall approve the map.
B. If the tentative parcel map fails to meet one or more requirements set forth in this chapter, the planning commission may approve the map subject to such conditions as may be necessary to conform to the requirements.
C. When approving or conditionally approving the tentative parcel map, the planning commission shall specify the dedications and improvements to be made by the owner. 2025 Subdivision Ordinance Update 36
D. Within seven days after the action by the planning commission, written notice of the action by the planning commission shall be mailed to the applicant.
E. Upon approval of the tentative parcel map by the planning commission, the tentative parcel map shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map. Copies of the approved tentative parcel map shall be filed with the planning director, the public workscity services director and the city engineer.
F. If a planning commission has not been established, the city council shall be the decision-making authority.
(Ord. 341 § 1 (19.6.500), 1979)
HISTORY
Amended by Ord. 576 on 6/25/2019
17.24.060 Required Conditions And Improvements
A parcel map subdivision shall conform to the development standards specified in Chapter 17.28, the state Subdivision Map Act, and in addition, the following requirements shall be imposed as a condition of approval of a parcel map subdivision:
A. Lots Parcels created shall conform to the applicable requirements of the zoning ordinance; B. Utility easements and street rights-of-way shall be offered for dedication; C. Water supply and sewage disposal shall be satisfactory to the city engineer; D. Public improvements shall be satisfactory to the city engineer. (Ord. 341 § 1 (19.6.600), 1979)
17.24.070 Appeal
Within fifteen calendar days after the date on which the written notice of disapproval or conditional approval is mailed to the owner, the owner or his authorized agent may appeal to the city council for review of the action of the planning commission. The action of the planning commission shall be final unless such an appeal is filed within the fifteen-day period. An appeal shall be in writing, shall be filed with the city clerk, and shall state specifically wherein it is claimed there was an error or abuse of discretion by the planning commission. Upon the filing of an appeal, the planning commission shall transmit to the city clerk copies of all documents in the files of the commission pertaining to the tentative parcel map. The city clerk shall give notice to the person filing the appeal and to the planning commission of the date when the appeal will be heard by the city council. After the appeal hearing, the city council may affirm, reverse or modify the action of the planning commission, or refer the matter back to the commission for further action.
(Ord. 341 § 1 (19.6.700), 1979)
17.24.080 Recording Time Limit
2025 Subdivision Ordinance Update 37
Failure to file a final parcel map with the county recorder within the time specified in Section 66463.5(a) of the Subdivision Map Act, Government Code of the state of California, after the date of approval or conditional approval of the tentative parcel map shall automatically revoke the approval. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative parcel map the time at which the map expires may be extended by the city council for a period or periods not exceeding the total period specified in Section 66463.5(c) of the Government Code of theSubdivision Map Act, state of California.; provided, that the provisions of Sections 66463.5(a) and 66463.5(c) as amended by Chapter 923 of the Statutes of 1982 shall also apply to any tentative parcel map approved prior to September 13, 1982, which has not expired by action of law prior to such date. (Ord. 382 (part), 1983: Ord. 341 § 1 (19.6.800), 1979)
17.24.090 Final Parcel Map; Preparation
The final parcel map shall be prepared in accordance with the approved tentative parcel map by a registered civil engineer authorized to perform land surveying or licensed land surveyor authorized to perform land surveying. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the final parcel map along with his/her seal or stamp and date of signing per the Professional Land Surveyor’s Act, Section 8761 and shall be submitted to the city engineer and city surveyor for his their examination and approval prior to filing with the county recorder. Calculations and traverse sheets shall be submitted with the final parcel map indicating closures and areas of the original parcel and each parcel being created. Provide a preliminary title report, showing the legal owners at the time of the filing of the final parcel map and dated prepared not more than ninety (90) days prior to the submittal of the application. Items referenced within the preliminary title report shall be submitted for review (i.e. deeds, easements, and record maps) when submitting application. At the time of submitting the final parcel map, the applicant shall pay a fee as established by city council resolution to defray the expenses of checking the final parcel map. Within twenty (20) calendar days after receipt of the final parcel map, or within such additional time as may be reasonably necessary, the city engineer and city surveyor shall examine it for the survey information shown thereonthe map to determine , that the map shown is substantially the same as it appeared on the tentative parcel map, all provisions of this chapter and any local ordinance applicable at the time of approval of the tentative parcel map have been complied with , and that if he or she is satisfied that it isthe map is technically correct. H, he or she shall sign with with the appropriate certificates and seals/signed stamps on the map. (Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.100 Final Parcel Map; Field Survey
If the division of land creates four or less parcels, the final parcel map may be compiled from recorded or filed data when survey information exists on recorded or filed maps to sufficiently locate and retrace the exterior boundary lines of the final parcel map and when the location of at least one of these boundary lines can be established from an existing monumented line. In all other cases, the final parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor's Act of the state.
In all cases where a parcel map is required, the parcel map shall be based upon a field survey made in conformity with the Land Surveyors Act when required by local ordinance, or, in the absence of that requirement, shall be based either upon a field survey made in conformity with the Land Surveyors Act or 2025 Subdivision Ordinance Update 38
be compiled from recorded or filed data when sufficient recorded or filed survey monumentation presently exists to enable the retracement of the exterior boundary lines of the parcel map and the establishment of the intferior parcel or lot lines of the parcel map, in accordance with Section 66448 of the Subdivision Map Act, state of California.
(Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.110 Final Parcel Map; Form
A. The final parcel map shall be a map legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
(Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.120 Final Parcel Map; Information Contained
A. Each parcel shall be consecutively numbered or lettered and each block may be numbered or lettered. Each parcel shall have its area shown to the nearest one-hundredth of an acre or nearest square foot. The exterior boundary of the land included within the new parcel or parcels being created shall be indicated by a blue colored border one-eighth of an inch in widththe subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the parcel or parcels, and particularly the relationship to existing surrounding surveys.
B. The final parcel map shall also contain the following information:
1. A space for tThe parcel map number and date of preparation. The County of Tulare assigns the parcel map number upon recording;
1.2.If more than two (2) sheets are used to show the actual layout of the streets and parcels, an index map shall be used showing the relationship of the sheets;
3. Dimensions of all parcel lines, subdivision perimeter, and centerline of streets shall bfe in feet and decimals thereof to the nearest on-hundreth (1/100) of a foot and bearings to the nearest second. If a course is a curve, the radius, length of curve or bearing and length of chord, and central angle shall be shown. If the endsed of a curve are not tangent to the preceding or following courses and the chord along with its bearing and length are not shown, the radial of the end of the curve, with its bearing, shall be shown.The net dimensions of each lot. No ditto marks shall be used;
2. 2025 Subdivision Ordinance Update 39
3.4.The names, locations and right-of-way widths of all abutting public streets and reference to each record document. The width of each street right of way shall be shown indicating the widths on each side of the centerline. If additional right of way for an existing street is offered for dedication, the original right of way and the additional right of way width offered for dedication shall be shown along with the total width of the new right of way;;
4.5.The proposed location, purpose and width of all proposed public roads and private access easements;
5.6.The boundaries of any private easement, whether an easement of record or a prescriptive easement, shall be shown by means of a dotted dashed line and the name of the person owning the easement shall be shown on the map with reference to each record document;
6.7. Location and widths of easements for public utilities with reference to each record document, if requiredapplicable;
7.8.The location and widths of watercourses and areas subject to inundation and location of selected flood lines within the parcels being created;
8. Building setback lines, if applicable;
9. A north arrow point and graphic scale;
10. Location or vicinity map at a minimum scale of one-inch equals one mile, 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 boundaryies crossings or adjoining the subdivision; Names and addresses of the owners of the property being divided.
11. Each street shall be named or otherwise designated; all new street names shall be approved by the City Services Director.
(Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.130 Final Parcel Map; Certificates and Statements The following certificates and statements shall appear on the final parcel map:
A. A certificate of the registered civil engineer authorized to perform land surveying or licensed land surveyor who prepared the survey and the parcel map in compliance with Section 66449 of the Subdivision Map Act.
B. A certificate for execution by the city engineer which complies with Section 66450 of the Subdivision Map Act.
B.C.A certificate for execution by the city surveyor which complies with Section 66450 of the Subdivision Map Act.
D. A certificate for execution by the planning directorCity Services Director on behalf of the planning commission, certifying that the final parcel map conformsindicating the date of the meeting ion 2025 Subdivision Ordinance Update 40
which the to the approved tentative parcel map was approved and a reference to the resolution approving the tentative parcel map, in a format determined by the City Engineer or City Surveyor and the City Services Director.
C.E.A certificate for execution by the City Clerk on behalf of the City Council, that anythe real property beingis offered for dedication for public use on the final map or parcel map or by separate instrument, a statement signed by the City Clierk shall be provided on the final parcel map stating that the City Council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, in a format determined by the City Engineer or City Surveyor and the City Services Director.
F. A statement certificate for execution by the county recorder in compliance with Section 66449 of the Subdivision Map Act.
G. A statement for execution by the board of supervisors in compliance with Division 2 Title 7 of the Government Code of the State of California.
H. A statement for execution by the owner’s and by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map in compliance with Section 66436 of the Subdivision Map Act, subject to Section 66439(d), of specific parcels or easements.
I. Notary Public certificate for execution where certificate of statements required by this chapter or the Subdivision Map Act require a notary public certificate per Civil Code 1189.
J. A restrictions statement to any previously existing nonstandard easements or documents that restrict the use of the land recorded previously or concurrently with the parcel map must be listed in the restriection section of the cover page with recording date, document number, and county of record. Pursuant to Section 66411.1 of the Subdivision Map Act, any requirements for the construction of off-site and on-site improvements shall be noticed on the face of the map.
D.K.Signatory Ommissions statement pursuant to the provisions of Section 66436 of the Subdivision Map Act.
(Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.140 Final Parcel Map; Improvement Agreement And Security If the required improvements have not been completed at the time when the final parcel map is submitted to the city engineer, the final parcel map shall not be approved until the owner has entered into an agreement with the city council to complete all of the improvements and the agreement shall be subject to all of the provisions of this title governing the agreements between the city and subdividers. In addition, the owner shall provide security to guarantee to the city the completion of the improvements and the security shall be in the same form, and subject to all of the same conditions, restrictions, and other provisions applicable to the similar security provided by a subdivider to the city under this title. (Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.150 Final Parcel Map; Recording
2025 Subdivision Ordinance Update 41
When all certificates have been executed and all other requirements of this chapter are complied with, the city engineer shall present the final parcel map to the county recorder for filing in accordance with the Subdivision Map Act.
(Ord. 341 § 1 (19.6.900 (part)), 1979)
17.24.160 Final Parcel Map, Recorded; Modification Of
The city council may approved the modification of a recorded final parcel map under the following conditions and directions:
A recorded final parcel map may be modified by a certificate of correction or an amending map, if the city council finds that there are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the fee owners of the real property, and that the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the city council finds that the map as modified conforms to Section 6646974 of the Subdivision Map Act.
Any modification shall be set for public hearing as provided for in Section 66451.3 of the Subdivision Map Act. The city council shall confine the hearing to consideration of and action on the proposed modification.
A certificate of correction or amending map shall be prepared by a registered civil engineer authorized to perform land surveying or licensed surveyor prior to approval by the city council and be certified by the city engineer and city surveyor prior to filing at the office of the county recorder. (Ord. 549, Art. 1, 2015)
17.24.170 Lot Line Adjustment
A lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, may be approved by the city engineer and planning director or their authorized representatives, with the filing of a final parcel map and necessary information required by the city engineer and planning director. Applications for lot line adjustments shall be filed with the planning director and shall be in the form and contain the information required by the city engineer and planning director. A lot line adjustment shall not be approved unless the diminished parcel and any structures or parking spaces located thereon will comply with area, width, frontage and yard requirements of the in which the parcel is located. The lot line adjustment shall not be complete until a final parcel map is recorded with the office of the county recorder.
(Ord. 549, Art. 1, 2015)
17.24.180 170 Merger And Reversion To Acreage
Subdivided real property may be merged or reverted to acreage pursuant to provisions of Chapter 6, Article 1 of the Subdivision Map Act. Voluntary parcel mergers without reverting to acreage shall be governed by Chapter 17.27 of the city municipal code.
(Ord. 549, Art. 1, 2015)
2025 Subdivision Ordinance Update 42
17.26 LOT LINE ADJUSTMENTS
17.26.010 Purpose
17.26.020 Applicability
17.26.030 Lot Line Adjustment Application And Contents
17.26.040 Submittal Of Lot Line Adjustment
17.26.050 Review And Approval Of Lot Line Adjustment Map
17.26.060 Matters To Be Considered And Findings
17.26.070 Development Variations
17.26.080 Minor Revisions
17.26.010 PURPOSE
The purpose of this chapter is to set forth the requirements for the submittal, review, and approval of lot line adjustments.
17.26.020 APPLICABILITY
A lot line adjustment, which is defined as a change in any lot line between four or fewer adjoining parcels where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, shall not require a parcel or tract map. No conditions or exactions, except those required to achieve conformance with the City of Lindsay General Plan, any applicable Specific Plan, and the City of Lindsay Zoning (Title 18) and Building and Construction (Title 15) Ordinances, shall be required as a condition of approval of a lot line adjustment. Public access must be shown to each parcel that is the subject of the lot line adjustment, unless existing access to each of the affected lotsis by approved private recorded access, in which case private recorded access may also serve the adjusted parcels.
17.26.030 LOT LINE ADJUSTMENT APPLICATION AND CONTENTS
The application for a lot line adjustmentshall include the following information:
A. A completed City of Lindsay Land Division Application form.
B. Legal descriptions of the original parcels, with a title as Exhibit A, Lot Line Adjustment No. 20xxxx, Existing Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of signinglicense/registration per the Professional Land Surveyor’s Act, Section 8761.
C. Legal description of each ofthe proposed parcels, with a title as Exhibit B, Lot Line Adjustment No. 20xx-xx, Adjusted Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of signinglicense/registration per the Professional Land Surveyor’s Act, Section 8761.
1. that has been prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal. 2025 Subdivision Ordinance Update 43
B.D.Two (2) copies of a preliminary title report for all properties whose lot lines would be altered by the proposed adjustment. Title reportsshall name the currentrecord owners and shall not be more than ninety (90) days old. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
2. Hazardous Waste Verification Statement as required by Section 65962.5 of the California Government Code.
C.E.A lot line adjustment map, prepared by a licensed surveyor or a registered civil engineer authorized to perform land surveying., The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of signinglicense/registration per the Professional Land Surveyor’s Act, Section 8761. The map shall be legibly drawn in ink and accurately to scale on one (1) sheet (s) of paper eight and one-half (8 1/2) inches by eleven (11) inchesin size, and titled Exhibit C, Lot Line Adjustment No. 20xx-xx, and including all ofthe following information:
1.2. Lot lines, dimensions, bearings and distances (if not an aliquot division), and areas of the original parcel(s) and adjusted parcels. Gross area shall be shown for those parcels containing two and one-half (2 1/2) acres or larger. Net area shall be shown for those parcels containing less than two and one-half (2 1/2) acres. If parcel area is less than (1) acre, then area shall be expressed as net square feet. Acreage shall be shown to the nearest one-hundredth (1/100) of an acre, and square footage shall be shown to the nearest square foot. Each parcel created shall be designated on the map by a number or letter.
2.3. Locations and dimensions of each existing structure, including outbuildings, distances between structures, and distances between structures and property lines of both the original parcel(s) and the proposed parcel(s).
3.4.Names, locations, and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed.
4.5. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground utility structures of any kind.
5.6. Location of existing domestic watersupplies and existing septic tanks and disposal fields on all affected lots.
6.7. Location of all watercourses, drainage channels, existing drainage structures, and springs.
7. g. Approximate high waterlinesin lakes, reservoirs,streams, and rivers.
8. Lot line adjustment number, as assigned by the City Services Department.
9. Name and address of the applicant, and of the person who prepared the map.
10. Scale of map (standard engineering scale), north arrow, and vicinity map.
11. Location of any Earthquake Fault Zone delineated by the State Geologist pursuant to AlquistPriolo Earthquake Fault Zone Act.
12. The following statement shall appear on the map: "THIS MAP IS PROVIDED FOR ILLUSTRATION PURPOSES ONLY."
13. Each parcel identified with a numberletter, assessor parcel number, deed document number and area of each existing parcel (Existing Parcel 1A, Existing Parcel 2B etc.).
1. Each parcel identified with a letter and area of each proposed parcel (Adjusted Parcel A, Adjusted Parcel B etc.).
2025 Subdivision Ordinance Update 44
2. The owner’s name, assessor’s parcel number, and deed document number of all adjoining parcels.
Item 10 above may be shown on a second sheet that accompanies the map, and Item 10 may be deleted from the map that is recorded with the Certificate of Compliance.
17.26.040 SUBMITTAL OF LOT LINE ADJUSTMENT
A. An applicantfor a lotline adjustmentshallsubmit an application and map and title reportsto the City Services Directorin the format and number of copiesspecified by the City Services Director. The map shall contain all the information specified by Section 18.35.030 17.26.030, unless the City Services Director waives any of the information requirements. When deemed complete, the application shall be accompanied by the fee established by resolution of the City CouncilBoard of Supervisors.
B. The City Services Director shall inform the applicant in writingwithin thirty (30) calendardaysof receipt that the application is complete or that additional information is needed to complete the application.
17.26.050 REVIEW AND APPROVAL OF LOT LINE ADJUSTMENT
A. Review and Approval by the City Services Director
Upon a determination that the application is complete, the City Services Director shall act to approve or disapprove the lot line adjustment within fifty (50) calendar days. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the City Services Department evidenced in writing. These time periods shall commence after certification of the environmental impact report, adoption of a Negative Declaration, or upon a determination by the City Services Director that the project is exempt from the requirements of Division 13 of the Public Resources Code. In order to concurrently process a lot line adjustment where a General Plan Amendment, zone change, or other legislative act is required by the City Council prior to approval of the lot line adjustment, these time limits shall commence on the effective date of the required legislative action.
B. Reports and Recommendations
A copy of any report or recommendation on the lot line adjustment prepared by the City Services Departmentshall be mailed to the applicant or his authorized agent atleastfifteen (15) days prior to the proposed date of action by the City Services Director.
C. Decision
a. The City Services Director may approve or deny any application for lot line adjustment. Such decision shall include findingsin accordancewith the provisionsofthis title. The decision shall be final, subject to appeal in accordance with Section 18.35.050.D17.26.050.4. b. Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decisionshall be deemed givenwhen placed in the United States mail with postage prepaid, using the address set forth on the application or using such envelope, as 2025 Subdivision Ordinance Update 45
the case may be. Said notice may also be given, at the discretion of the City Services Director, by personal delivery, with the same effect as if mailed. c. The decision of the City Services Director shall be final upon expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the City Services Director within such time.
D. Appeal
1. Any decision of the City Services Director made pursuant to this section shall be subject to appeal to the Board of Supervisors-City Council.
2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the City Services Director prior to the time the decision becomes final.
The City Services Director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the Board of Supervisors City Council.
3. Notice of the hearing on the appealshall be given in the manner and time provided in Section
18.30.050.D17.26.050.
4. The Board of Supervisors City Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.
5. The decision of the Board of Supervisors City Council on any such appeal shall be final upon adoption of an order orresolution containing its determination, and no notice thereof need be given.
E. Recordation
Upon approval of the request for lot line adjustment and expiration of the appeal period specified in Section 18.35.050.D17.26.050 orfinal decision ofthe Board of Supervisors-City Council upon appeal, the City Services Director shall cause to be recorded with the County Recorder a Certificate of Compliance and appropriate attachmentsreflecting the approved lot line adjustment, provided the following criteria have been met:
1. The applicant, orthe applicant'stitle company or agent, hassubmitted the grant deed or deeds for the land proposed to be conveyed for the lot line adjustment, in recordable form, and the City Services Director has determined that the grant deed or deeds are in substantial compliance with the approved lot line adjustment map, and that said grant deed or deeds contain the words "FOR PURPOSES OF LOT LINE ADJUSTMENT NO. ." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance.
2. In cases where deeds of trust are affected by the adjustment, the applicant's title company shall prepare partial reconveyances and supplemental deeds of trust in substantial compliance with the approved lot line adjustment, and shall arrange for their concurrent recording with the Certificate of Compliance.
3. All applicable fees have been paid, or arrangements have been made for all documents to be recorded by the title company.
2025 Subdivision Ordinance Update 46
4. The grant deed or deeds, partial reconveyances, and supplementary deeds of trust, if applicable, shall be recorded concurrently and shall constitute constructive notice of the adjustment, pursuant to Section 66412(d) of the Subdivision Map Act.
5. A guarantee of title, or a preliminary title report dated ten (10) days orless priorto concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do businessin California,showing that all parties having any record title interest in the land to be subdivided, or any part thereof, including, but not limited to, leaseholders, lienholders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the lot line adjustment is filed with the County for recording. In addition, the liability ofsuch guarantee, if one is issued, shall not be less than one thousand dollars ($1,000). In lieu of an updated preliminary title report, the title company may submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report.
6. As provided for by the State of California Subdivision Map Act, Section 66412(d), no tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. the applicant may file a "Record of Survey" along with the required map and grant deed or deedsNo record of survey shall be required for a lot line adjustment unless required by the Professional Land Surveyor’s Act, Section 8762 of the Business and Professions Code, State of California. If a field survey is made as part of the lot line adjustment or if monuments are set at the new parcel lines, a rRecord of sSurvey shall be filed in accordance with Section 8764required pursuant per the Professional Land Surveyor’s Act, Section 8762 of the Business and Professions Code, State of California, unless the boundary is monumented as part of a land division with a recorded map.
7. All other conditions of approval for the lot line adjustment have been satisfied.
F. Expiration and Extensions
1. An approval or conditional approval shall expire one (1) year from the date of approval of the lot line adjustment.
2. The subdivider or engineer may request an extension of the expiration date of the approved lot line adjustment by written application to the Director of the City of Lindsay City Services Department. The application shall be filed prior to the expiration date and shall state the reasonsforrequesting the extensionandthe amount oftime requested. TheDirector of the City of Lindsay City Services Department shall approve or deny the request for extension. The maximum amount of time for each extension requestshall not exceed one (1) year. Notmore than three (3) extensionsshall be approved for a lot line adjustment, and the total period of all extensionsshall not exceed thirty-six (36) months.
G. Procedure for Over-the-Counter Approval
a. The applicant's engineer or surveyor may request that the processing of an application be performed over-the-counter. The decision to grant the request for over-the- counter processing shall be at the discretion of the City Services Director. However, no application 2025 Subdivision Ordinance Update 47
shall be processed over-the-counter where the approval of a development variation or limited design variation to this chapter is required in order to approve the design of the map.
Additionally, the Director must find that the project will be exempt from the requirements ofthe California Environmental Quality Act(CEQA) and that no other discretionary approval is required to approve the proposed map.
b. In such instances where the City Services Director grants a request for over-the-counter processing, the following listed sections of this chapter shall be inapplicable: 18.35.050.A,
18.35.050.B, and 18.35.050.C.
c. Upon a determination that the application is complete, the City Services Director shall make a determination if the processing of the application can continue through the overthe-counter process. If an affirmative determination is made, the City Services Director shall act to approve or disapprove the lot line adjustment within two (2) working days. The time limitsfor acting on certainmattersspecified in the section may be extended by mutual consent of the applicant and the City Services Department evidenced in writing. d. A copy of any report or recommendation on the proposed lot line adjustment prepared by the City Services Department shall be given to the applicant's engineer or surveyor at the counter prior to taking final action on the proposal.
e. The City Services Director may approve, conditionally approve, or deny any application. Such decision shall include findings in accordance with the provisions of this title. The decision shall be finalsubjectto appeal in accordancewith Section 18.35.050.D. f. Written notice of such decision shall be given to the applicant's engineer or surveyor at the counter or given in a manner mutually agreeable to the Director and the applicant's representative.
g. The decision of the City Services Director shall be final upon expiration of ten (10) calendar days from and including the date of decision, unless a notice of appeal is filed with the City Services Director within such time.
h. All conditions of approval shall be final, and a subsequent request to delete or modify a condition to make it less restrictive shall only be considered after a written request is submitted and accompanied by the applicable fee. Consideration of the request shall be in accordance with Section 18.35.050.G unless said conditions are appealed pursuant to Section 18.35.050.D.
17.26.060 MATTERS TO BE CONSIDERED AND FINDINGS
A. Subject to the provisions of the California Environmental Quality Act of 1970, the State CEQA Guidelines, and the City of Lindsay Municipal Code, the City Services Director shall review and consider any applicable environmental documents.
B. The lot line adjustment may be approved by the City Services Director if he/she finds that the proposed lot line adjustment is consistent with the General Plan, any applicable specific plan, and all applicable provisions of the City of Lindsay Municipal Code. 2025 Subdivision Ordinance Update 48
C. The lot line adjustment may be denied by the City Services Director on any of the grounds provided by the California Subdivision Map Act or this title. The City Services Director shall deny approval of the lot line adjustment if he/she makes any of the following findings:
1. That the proposed lot line adjustment is inconsistent with the General Plan, any applicable specific plan, or any applicable provisions of the City of Lindsay Municipal Code.
2. That the site is not physically suitable for the proposed type of development.
3. That the site is not physically suitable for proposed density of development.
4. That the lot line adjustment is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the City Services Director may approve such a lot line adjustment if an environmental impactreport was prepared with respectto the project and necessary findings were made pursuant to Section 21081(a), (b), and (c) of CEQA.
5. That the lot line adjustment islikely to cause serious public health problems.
6. That the lot line adjustment will conflict with easements acquired by the public at large for accessthrough or use of property within the proposed lot line adjustment. In this connection, the City Services Director may approve a lot line adjustment if he/she finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the City Services Director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
7. That method of sewage disposal, water supply, and measures for preservation of environmental health are inconsistent with the Tulare County Environmental Health Services Department Standards and Rules and Regulations for Land Development. However, the requirements may be waived by the Environmental Health Services Director in the exercise of his/herreasonable discretion. In no eventshall any requirements be waived if, in the opinion of the Fire Chief, such waiver would adversely affect the fire protection capabilities of the Fire Department.
17.26.070 DEVELOPMENT VARIATIONS
A. The applicant may file a petition requesting one (1) or more development variations. Such variation requests should be filed with the request for lot line adjustment. Application for development variation shall include the applicant's justification for approval of the request and may include a requirement for submittal of a design sample.
B. The City Services Director is authorized to approve or conditionally approve a variation if he/she finds that:
1. Special circumstances exist with respect to the property or the proposed subdivision design that warrants the requested development variation; and, 2025 Subdivision Ordinance Update 49
2. Approval of the variation will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.
C. The City Services Director may conditionally approve a variation as he/she deems necessary to substantially secure the objectives of this title and to conform to the requirements of this section.
D. The City Services Director shall give notice and, if requested, conduct a hearing on each proposed variation, after notice, in the manner provided in Section 18.30.050.D 17.36.090 and shall make the determinations mentioned in Section 18.30.070.B 17.26.060. The hearing on a variation may be conducted at the same time asthe hearing on a request for lot line adjustment, or at a different time. If the variation is disapproved, it shall not be applied for or heard again, except on appeal, in connection with the same request for lot line adjustment unless it is shown there has been a substantial change in circumstances or a substantial redesign of the request forlotline adjustment.
17.26.080 MINOR REVISIONS
A. Minorrevisions to an approved lot line adjustment may be approved by the City Services Director as being in substantial conformity with the originally approved lot line adjustment upon application by the subdivider or his/her authorized agent, provided that:
1. Such changes are consistent with the intent of the original approval; and
2. There are no resulting violations of the City of Lindsay Municipal Code.
B. Approved revisions shall be denoted on the approved lot line adjustment map and/or in writing to the subdivider, whichever is appropriate.
C. No revision shall affect the original expiration date of the approved lot line adjustment.
D. The City Services Director may require a new application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refiling and reprocessing. 2025 Subdivision Ordinance Update 50
17.27 VOLUNTARY PARCEL MERGER
17.27.010 Purpose
17.27.020 Voluntary Parcel Merger Authorized
17.27.030 Process For Reviewing A Voluntary Parcel Merger
17.27.040 Appeals
17.27.010 PURPOSE
The purpose of this article chapter is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to section 66499.20.3/4 of the Subdivision Map Act. The procedure provided by this article chapter is an alternative to the procedures provided by articles chapters F17.16, "Tentative Maps,", and G17.20 , "Final Maps,” And and 17.24 “Parcel Maps," of this chapter-Title
17. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map and a final map or parcel map for any merger. (Ord. 2012-02, 6-5-2012).-
17.27.020 VOLUNTARY PARCEL MERGER AUTHORIZED
Pursuant to Section 66499.20.3/4 of the Subdivision Map Act, the planning commission-City Services Director is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this chapter. The city clerk shall cause an instrument to be recorded as evidence of a merger approved under this articlechapter. (Ord. 2012-02, 6-5-2012)
17.27.030 PROCESS FOR REVIEWING A VOLUNTARY PARCEL MERGER A. Application: An application for a merger pursuant to this article -chapter may be made by owners of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department City Services Director and shall include the following information, materials, and documents to the satisfaction of the city:
1. A completed application form, of which the blank form shall be provided by the planning departmentCity Services Director.
2. A filing fee as established by resolution of the city councilCity Council.
3. A preliminary title report that is current and dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
4. The legal descriptions of the existing parcels, with a title as Exhibit A, Voluntary Parcel Merger No. 20xx-xx, Existing Legal Descriptions. The licensed land surveyor orregistered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of signinglicense/registration per the Professional Land Surveyor's Act, Section 8761. Upon filing the application, the planning department City Services Director will assign the application a Voluntary Parcel Merger number.
4.5.The legal descriptions of the merged parcels, with a title as Exhibit B, Voluntary Parcel Merger No. 20xx-xx, Merged Parcel Legal Description. The licensed land surveyor or registered civil 2025 Subdivision Ordinance Update 51
engineer authorized to practice land surveying shallsign the exhibit along with his/her seal or stamp and date of signing per the Professional Land Surveyor's Act, Section 8761.
5.6.One (1) copy of a map, legibly drawn on a sheet(s) eight and one half (8½) inches by 11 inches and titled Exhibit C, Voluntary Parcel Merger No. 202x-xx., that includes all of the following information:
a. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information asto bearings and dimensions. b. The proposed merged boundary lines with dimensions and curve radii and area of the merged parcel.
c. Each existing parcel identified with a letter, assessor parcel number, deed document number and area of each parcel.
d. The names, widths, and locations of the existing public and private streets. e. The location, width, purpose, and owners of existing easements or rights of way with all easements located to boundary, if applicable.
f. The north arrow, scale of drawing and a legend, if applicable. g. The owner's name, assessor parcel number and deed document number of all adjoining parcels.
h. The location of building structures with building setbacks measured from the merged parcel boundaries.
i. A small scale vicinity map portraying and orienting the boundaries of the voluntary parcel merger boundary with respect to surrounding areas and roads. j. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of signinglicense/registration per the Professional Land Surveyor's Act, Section 8761.
B. A perfecting deed, which willrecord when the Notice of Voluntary Parcel Merger is approved.
C. Application Review: Applications for voluntary parcel mergers shall be reviewed upon determination that the application is complete, the City Services Director shall act to approve or disapprove the voluntary parcel mergerlot line adjustment within fifty (50) calendar days. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the City Services Department evidenced in writing. as provided in subsections 8-7B-4B, "Determination Of Completeness", and 8-7B-4C, "Application Review And Report", of this chapter.
D. Timely Processing: Applications for voluntary parcel mergers shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant's failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. 2025 Subdivision Ordinance Update 52
Thereafter, a new application, including the filing fee, will be needed to process a voluntary parcel merger.
E. Decision By The Approving Authority: A decision on the application for voluntary parcel merger shall be made by the designated approving authorityCity Services Director after review and recommendation by the public works director and city engineer and city surveyor.
The application shall be decided within the time limits described in this chapter and the subdivision map act.
F. Findings: The designated approving authority shall not approve a Voluntary Parcel Merger pursuant to this article chapter unless it makes all of the following findings:
1. That all required street, access, and utility easements are in place.
2. That the resulting parcel conforms to the requirements of this chapter, the city's general plan, any applicable specific plan,the city's zoning code, and the city's building code. (Ord. 2012-02, 6-5-2012)
17.27.040 APPEALS
The applicant or any interested person adversely affected by any action of the designated approving authority on a merger may, within ten (10) days after the decision, appeal the decision.
A. Any decision of the City Services Director made pursuant to this section shall be subject to appeal to the Board of Supervisors-City Council.
B. The applicant or any otherpersonaggrievedmay appealfromsuchdecisionby filing a written notice of appeal with the City Services Director prior to the time the decision becomes final. The City Services Directorshall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the Board of Supervisors City Council.
C. Notice ofthe hearingonthe appealshallbe giveninthemanner andtime provided in City of Lindsay Municipal Code.
D. The Board of Supervisors City Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.
E. The decision of the Board of Supervisors City Council on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given.
consistent with subsection 8-7B-4E, "Appeals", of this chapter. (Ord. 2012-02, 6-5-2012)
17.27.050 RECORDING
The merger of contiguous parcels under common ownership shall be recorded in a Notice of Voluntary Merger form satisfactory to the county recorder. It shall be submitted to the planning department City Services Director for a determination that the final documentation complies with the approved merger. The perfecting deed shall be submitted to the City Services Directorplanning department for a determination that the final documentation complies with the approved merger. The approved final documentation shall thereafter be forwarded by the planning 2025 Subdivision Ordinance Update 53
departmentCity Services Director to the county recorder's office for recording. The applicant shall pay all recording fees. (Ord. 2012-02, 6-5-2012)
2025 Subdivision Ordinance Update 54
17.28 Development Standards
17.28.010 Conformance Required
17.28.020 Buildable Lots Required
17.28.030 Access To Public Streets
17.28.040 Lot Standards
17.28.050 Streets; Conformance Required
17.28.060 Streets; Minimum Standards
17.28.070 Streets; Right-Of-Way Width
17.28.080 Streets; Pattern
17.28.090 Streets; Names
17.28.100 Alleys
17.28.110 Areas Adjacent To Arterials
17.28.120 Grades, Curves And Sight Distances
17.28.130 Curbs, Sidewalks And Pedestrian Ways
17.28.140 Hillside Subdivisions
17.28.150 Landscaping
17.28.160 Utility Facilities And Easements
17.28.170 Watercourses
17.28.180 Blocks; Width
17.28.190 Blocks; Length
17.28.200 Reserve Strips
17.28.210 Neighborhood Facilities; Site Reservation
17.28.220 Neighborhood Facilities; Determination Of Need
17.28.230 Neighborhood Facilities; Service Areas
17.28.240 Neighborhood Facilities; Principles And Standards
17.28.250 Dedications For Park And Recreation Purposes
17.28.260 Nonresidential Subdivisions; General Plan And Environmental Design Plan Conformance
17.28.270 Nonresidential Subdivisions; Types
17.28.280 Nonresidential Subdivisions; Principles And Standards
17.28.010 Conformance Required
Except where modified by the city council, each subdivision or parcel map subdivision and map thereof shall be in conformity with the standards set forth or referred to in this chapter. (Ord. 341 § 1 (19.7.100), 1979)
17.28.020 Buildable Lots Required
All subdivisions shall result in the creation of lots which are developable and capable of being built upon.
No subdivision shall create lots which are impractical of improvement due to size or shape, steepness of terrain, location of watercourses, problems of sewerage or driveway grades, or other natural physical conditions.
(Ord. 341 § 1 (19.7.200), 1979)
2025 Subdivision Ordinance Update 55
17.28.030 Access To Public Streets
All lots or parcels created by the subdivision of land shall have access to a public street improved to standards required in this chapter. Private streets shall not normally be permitted. However, if the planning commission finds that the most logical development of the land requires that lots be created which are served by a private street or other means of access, and makes such findings in writing with the reasons therefor, then such access may be recommended by the planning commission. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means of access to each lot, drainage and sewerage of the lots served by the private street, and a plan satisfactory to the city council for ownership and maintenance of the street and the liability for taxes thereon. Construction of the private street or access shall be completed prior to occupancy of any buildings on lots served by a private street. (Ord. 341 § 1 (19.7.300), 1979)
17.28.040 Lot Standards
The size, shape and orientation of lots in the subdivision shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following principles and standards shall be observed:
A. The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located.
B. The sidelines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if the street is curved. Side lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.
C. No residential lot shall have a width less than sixty feet at the building setback line, as set forth in the zoning ordinance.
D. Corner Lots for residential use shall be platted wider than interior lots in order to permit conformance with the required street side yard requirements of the zoning ordinance.
E. No lot shall have a depth of less than ninety-five feet.
F. No lot shall be divided by a city boundary line, nor any boundary between parcels registered under separate ownership. Each such boundary line shall be made a lot line.
G. A lot depth in excess of twice the width shall be avoided whenever possible.
H. No remnants of property shall be left in the subdivision which do not conform to lot requirements, or are not required for a private utility or public purpose.
I. Lot numbers shall begin with the number "1" and shall continue consecutively through the tract, with no omissions or duplications, and no block designations shall be used.
J. Lots having double frontage shall not be approved except where necessitated by topographic or other unusual conditions. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this title unless the general layout in the 2025 Subdivision Ordinance Update 56
vicinity, lines of ownership, topographical conditions, or locations of arterial streets or freeways justify or make necessary a variation from this requirement.
K. A flag lot shall only be permitted in hillside development where topographic conditions preclude direct lot frontage on the abutting street. In such case the access strip shall be not less than twenty feet in width and shall not exceed one lot in depth. In calculating the lot area of a flag lot, the square footage included in the access strip shall not be counted. (Ord. 341 § 1 (19.7.400), 1979)
17.28.050 Streets; Conformance Required
The subdivision design shall conform to the pattern of arterials designated in the general plan, and where applicable the environmental design plan, and to any future street plan lines designated by the planning commission and approved by the city council. Whenever a subdivision fronts on a designated arterial, it shall be included in the tract and shall be platted by the subdivider in the location indicated. (Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.060 Streets; Minimum Standards
Where higher standards have net been established as specified in Section 17.28.050, all streets and arterials shall be platted according to the minimum set forth in Sections 17.28.070 through 17.28.130 except where it can be shown by the subdivider, to the satisfaction of the city council, that the topography or the small number of lots served and the probable future traffic development are such as to unquestionably justify a lesser standard. A planned community or planned unit development, if designed with a comprehensive circulation and parking system including separate pedestrian ways, may also justify modification of standards. High standards may be required where streets are to serve commercial or industrial property or where probable traffic conditions warrant. (Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.070 Streets; Right-Of-Way Width
Right-of-way width shall be as follows:
Type of Street Right-of-Way (Feet)
Major arterial street 110
Secondary street 84
Collector street 60
Local street 56
Cul-de-sac street 56
Private streets and alleys 20–30
2025 Subdivision Ordinance Update 57
(Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.080 Streets; Pattern
The street pattern in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed:
A. Where appropriate to the design and terrain, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.
B. Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the planning commission, the extension is not necessary for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.
C. Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved with a temporary turnaround. In all other cases, a turnaround having a minimum pavement radius of forty-four feet measured to the face of the curb, shall be required.
D. Proposed streets shall intersect on another as nearly at right angles as topography and other limiting factors of good design permit. T intersections rather than cross intersections shall be used wherever possible.
E. Excessively long straight local residential streets, conducive to high-speed traffic, shall be prohibited.
F. Cul-de-sacs or dead-end streets should not be more than six hundred feet in length whenever possible.
(Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.090 Streets; Names
A. All street names shall be approved by the planning commission. Duplication of existing names shall not be allowed unless the streets are approximately in alignment with existing streets and not so far removed as to be confusing.
B. Names of through streets in a north-south alignment shall be followed by the designation "Avenues" and the names of through streets in an east-west alignment shall be followed by the designation "Street."
C. Cul-de-sac streets in a north-south alignment shall be followed by the designations of either "Lane," "Circle" or "Court" and cul-de-sac streets in an east-west alignment shall be followed by the designations of either "Place," "Way" or "Drive."
(Ord. 391, 1984; Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.100 Alleys
2025 Subdivision Ordinance Update 58
A. Alleys shall be optional in residential subdivisions. The planning commission for any one of the following reasons may require alleys (if alleys are required, they shall be constructed to city standards):
1. Unusual size, shape or topographical character of the property to be subdivided;
2. The relationship to existing or proposed commercial, industrial or high-density residential development or adjacent railroad right-of-way;
3. The special nature of the design or density of a residential subdivision where dwellings are grouped in such a manner as to require access from other than the street frontage;
4. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.
B. Residential alleys shall have a minimum dedicated width of twenty feet.
C. Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas and shall have a minimum dedicated width of thirty feet with adequate provisions for ingress and egress.
D. A twenty-foot corner diagonal cutoff measured along the property lines from the point of intersection will be required where two alleys intersect.
E. Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.
F. Dead-end alleys shall be prohibited.
(Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.110 Areas Adjacent To Arterials
Subdivision design adjacent to arterials shall be as specified in the general plan, or the environmental design plan, and as determined by the planning commission. The following principles and standards shall be observed:
A. Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic and of minimizing the interference with traffic on the arterials.
B. The number of intersecting streets along arterials shall be held to a minimum.
C. Frontage roads, if required, shall conform to the standards and shall be separated from the arterial or freeway by a strip of permanent landscaping, not less than ten feet in width, subject to approval by the planning city services director. Frontage roads shall enter arterials by means of intersections designed with turning and stacking capacity adequate for the traffic volume as estimated by the city engineer.
D. Where frontage roads are not required, residential lots adjacent to an arterial shall be served by a local residential street paralleling the arterial at a generous lot depth therefrom, or by a series 2025 Subdivision Ordinance Update 59
of cul-de-sacs or loop streets extending towards the arterial from a collector street five hundred feet therefrom. In such cases, a wall or fence with masonry pillars of a design approved by the planning city services director shall be required at the rear of properties adjacent to the arterial.
A strip of permanent landscaping within the arterial right-of-way not less than six feet in width, subject to approval of the planning city services director shall be required adjacent to the wall or fence, facing the arterial.
E. When the rear of any lot borders an arterial, the subdivider may be required to execute and deliver to the city an instrument, deemed sufficient by the city attorney, prohibiting the right of ingress and egress from the arterial to the lot.
(Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.120 Grades, Curves And Sight Distances
Grades, curves and sight distances shall be subject to approval by the city engineer, to insure proper drainage and safety for vehicles and pedestrians. The following principles and minimum standards shall be observed:
A. Grades of streets shall not be less than two-tenths percent and not greater than seven percent, unless because of topographical conditions or other exceptional conditions, the city engineer determines that a grade less than two-tenths percent or in excess of seven percent is necessary.
B. Whenever any street intersects an arterial street or state highway, the property lines at the intersection shall be rounded with a curve having a radius of not less than thirty feet. On all other street intersections, the property line at each block corner shall be rounded with a curve having a radius of not less than twenty feet. In either case, a greater curve radius may be required if streets intersect at other than right angles.
C. The centerline curve radius on all streets and highways shall conform to accepted engineering standards of design.
(Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.130 Curbs, Sidewalks And Pedestrian Ways
The following principles and standards shall apply to the design and installation of curbs, sidewalks and pedestrian ways:
A. Vertical curbs and gutters as shown on the city's standard detail drawings shall be required in all subdivisions, except for the exceptions specified in this section.
B. Sidewalks shall be required on both sides of the street in any subdivision.
C. The planning commission may recommend that sidewalks be omitted in a subdivision or section thereof in which all lots have an area of one-half acre or more, or in a planned community or planned unit development having an internal pedestrian system; provided, that the planning commission finds that the public safety is not jeopardized by the omission.
D. When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the subdivider shall construct pedestrian 2025 Subdivision Ordinance Update 60
ways not less than twenty feet in width, provided with fencing, landscaping and a pavement not less than ten feet in width.
E. Sidewalks shall normally be located within the street right-of-way as shown on the city's standard detail drawings.
F. For lots containing trees with a trunk diameter of four inches or greater, curb cuts for driveways shall be so located as to ensure the preservation of the trees. (Ord. 341 § 1 (19.7.500 (part)), 1979)
17.28.140 Hillside Subdivisions
In case any portion of a planned community or planned unit development of a subdivision having lots not less than one-half acre in area is situated on land having an average slope of ten percent or more, the planning commission may recommend modification of the foregoing requirements of this chapter in a manner that will result in the best possible utilization of the land to be subdivided giving consideration to the topography and natural cover of the land and the general character of the proposed subdivision. The following principles and standards shall be observed:
Street grades for other than arterial or collector streets may be increased to a maximum of twenty percent grade.
(Ord. 341 § 1 (19.7.600), 1979)
17.28.150 Landscaping
Landscaping by the subdivider shall be required in all subdivisions. Substantial trees shall be planted throughout the development in all front yard setbacks, at least one five-gallon tree provided on each lot.
Specimen trees, approved by the planning city services director, of no less than ten-gallon container size, may be required at least every thirty feet along the setback adjacent to, but not within, the right-of-way of a designated arterial, secondary and collector street. Both the front yard and rear yard shall be landscaped to meet MWELLO standards prior to issuance of certificate of occupancy. (Ord. 341 § 1 (19.7.700), 1979)
17.28.160 Utility Facilities And Easements
A. All utility distribution facilities shall be placed underground.
B. Utility easements shall be provided within the subdivision where required for public utility purposes. Modification of the easement width requirement may be granted only when approved by both the city engineer and the public utility or utilities concerned. (Ord. 341 § 1 (19.7.800), 1979)
17.28.170 Watercourses
The subdivider shall dedicate a right-of-way for storm drainage conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision, or at the option of the 2025 Subdivision Ordinance Update 61
planning commission the subdivider shall provide by dedication further and sufficient easements or construction, or both, to dispose of the surface and storm water. (Ord. 341 § 1 (19.7.900), 1979)
17.28.180 Blocks; Width
Blocks shall normally have sufficient width for an ultimate layout of two tiers of lots of the size required by the provisions of the zoning ordinance.
(Ord. 341 § 1 (19.7.1000), 1979)
17.28.190 Blocks; Length
Blocks shall not normally exceed nine hundred feet in length between street lines, or be less than four hundred thirty feet, except in hillside developments or where subdivisions containing parcels of one-half acre or larger justify or require a variation from this requirement. (Ord. 341 § 1 (19.7.1100), 1979))
17.28.200 Reserve Strips
A one-foot reserve strip shall be provided at the dead-end of a stubbed street or at the edge of a partial width street and shall be offered for dedication to the city for future street purposes and show on the final map.
(Ord. 341 § 1 (19.7.1200), 1979)
17.28.210 Neighborhood Facilities; Site Reservation
The subdivider shall reserve sites, appropriate in area and location, for necessary and desirable residential facilities, such as schools, parks, playgrounds and shopping centers. Such sites shall be located in accordance with the principles and standards contained in this chapter or expressed in the general or environmental design plans. School sites shall be dedicated in accordance with the provisions of the Subdivision Map Act. Recreation sites shall be dedicated in accordance with the provisions of the Subdivision Map Act or in the alternative pay the fee required in this chapter. (Ord. 341 § 1 (19.7.1300(part)), 1979)
17.28.220 Neighborhood Facilities; Determination Of Need The neighborhood facilities needed shall be determined on the basis of the estimated number of families in the area to be served by the facilities.
(Ord. 341 § 1 (19.7.1300 (part)), 1979)
17.28.230 Neighborhood Facilities; Service Areas
The delineating of service areas determining the need for residential facilities at the district or community level shall be based on the general or environmental design plans, if applicable. The "planning neighborhood" will normally provide the basis for estimating the number of families to be served by 2025 Subdivision Ordinance Update 62
facilities at the local level. A "planning neighborhood" shall insofar as possible exhibit the following characteristics:
A. It is bounded, rather than bisected, by major thoroughfares or other substantial land use or natural barriers to pedestrian traffic;
B. It is usually not over a mile in extent in any direction; C. It contains a minimum of five hundred families.
(Ord. 341 § 1 (19.7.1300 (part), 1979)
17.28.240 Neighborhood Facilities; Principles And Standards The following principles and standards are intended to serve as a general guide in determining the residential facilities for which sites normally will be required:
A. An elementary school site of approximately ten acres will be required for each six hundred families or more or less, required to be served by the school. The school site shall be central to the population to be served and shall not face on an arterial.
B. Whenever possible, playground and neighborhood recreation areas shall be developed in conjunction with elementary school sites. A park site, if required, shall not normally be less than five acres in area, and the sites shall specifically include areas with natural advantages for park development.
C. Where natural waterways are included within the boundaries of a subdivision, such areas shall be reserved for public use, including recreation and the disposal of storm waters. These purposes may be accomplished through dedication and/or storm drainage and scenic easements.
D. A site of two to five acres including off-street parking and landscaping will normally be required for a local shopping center to serve a population of one thousand to two thousand families. (Ord. 341 § 1 (19.7.1300(part)), 1979)
17.28.250 Dedications For Park And Recreation Purposes
A. Pursuant to the Subdivision Map Act, as amended, the recreation element of the general plan and park and recreation facilities, standards and principles in the general or environmental design plans, a subdivider, as a condition of approval of a final subdivision map, shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city council, for park or recreation purposes according to the following standards:
1. For subdivisions of one hundred lots or more the subdivider shall dedicate land or pay a fee, or both, in such ratio as the planning commission deems most desirable. Dedication of land shall be at the rate of not less than two acres of land per one hundred lots in the subdivision or ten percent of the total area in the subdivision, whichever is greater. The rate for payment shall be established from time to time by city council resolution. 2025 Subdivision Ordinance Update 63
2. For subdivisions containing between fifty and one hundred lots, the subdivider shall dedicate land, or pay a fee, or both, in such ratio as the planning commission deems most desirable.
The rates for dedication and payment shall be established by city council resolutions.
3. For proposed condominium or multifamily developments, the number of dwelling units proposed shall be considered as the number of lots for the requirements specified in this section, or if no particular number of dwelling units is proposed, the requirements shall be based on the number of dwelling units per acre permitted in the zoning regulations which apply to the land to be subdivided.
4. All land to be dedicated for park or recreational purposes shall be found to be suitable by the planning commission and the park and recreation commission as to location, parcel size and topography for the park and recreation purposes for which it is indicated in the general plan or the environmental design plan. Such purposes may include active recreation facilities such as playgrounds, playfields, pedestrian or bicycle paths or areas of particular natural beauty, including hilltops and natural watercourses to be developed or left in their natural state.
5. Land to be dedicated may include all of a proposed park or recreational facility, or may include only part of a facility. Such partial dedication may be added to by public land purchase or by dedication of additional land on adjoining property not owned by the subdivider.
B. At the time of approval of the final subdivision map, the city shall specify when development of the park or recreational facility shall begin and be completed.
C. The provisions of this section shall not normally apply to industrial subdivisions; however, the planning commission may recommend as a condition of approval, the dedication by an industrial subdivider of that portion of a stream bed or drainage channel falling within an industrial subdivision when such portion forms part of an open space network designated in the general plan or an environmental design plan.
(Ord. 341 § 1 (19.7.1400), 1979)
17.28.260 Nonresidential Subdivisions; General Plan And Environmental Design Plan Conformance The street and lot layout of a nonresidential subdivision shall be appropriate to the land use for which the subdivision is proposed, and shall conform to the proposed land use and standards established in the general plan, the environmental design plans and the zoning ordinance. (Ord. 341 § 1 (19.7.1500 (part)), 1979)
17.28.270 Nonresidential Subdivisions; Types
Nonresidential subdivisions shall include industrial tracts, and may include commercial tracts. (Ord. 341 § 1 (19.7.1500 (part)), 1979)
17.28.280 Nonresidential Subdivisions; Principles And Standards In addition to the principles and standards in this title which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the planning commission that the 2025 Subdivision Ordinance Update 64
street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated;
B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon;
C. Special requirements may be imposed by the city with respect to street, curb, gutter, walk design, building design, construction and landscaping;
D. Special requirements may be imposed by the city with respect to the installation of public utilities including water, sewer and storm water drainage;
E. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed nonresidential subdivisions, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary;
F. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic;
G. Subdivisions for proposed commercial development shall take into account and specifically designate all areas proposed for vehicular circulation and parking, for pedestrian circulation, and for buffer strips and other landscaping.
(Ord. 341 § 1 (19.7.1500 (part)), 1979)
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17.32 Public Improvements
17.32.010 Minimum Requirements
17.32.020 Inspection And Supervision
17.32.030 General Requirements
17.32.040 Underground Utilities
17.32.050 Railroad Crossings
17.32.060 Landscaping
17.32.070 Lot Corners
17.32.080 Additional Improvements
17.32.090 Supplemental Improvements; Requirement
17.32.100 Supplemental Improvements; Reimbursement Agreement
17.32.110 Utility Fees And Off-Site Charges
17.32.120 As-Built Plan
17.32.130 Benchmarks
17.32.010 Minimum Requirements
The subdivider shall improve, or agree to improve, all streets, pedestrian ways or easements in the subdivision and adjacent thereto required to serve the subdivision. No permanent improvement work shall be commenced until improvement plans and profiles have been approved by the city engineer and a subdivision agreement contract has been concluded between the subdivider and the city. Improvements shall be installed to permanent line and grade and to the satisfaction of the public workscity services director, prior to the issuance of home building permits, and in accordance with the standard subdivision specifications adopted by the city council, a copy of which shall be on file in the office of the city engineer.
Cost of inspection shall be paid by the subdivider. The minimum improvements which the subdivider normally makes, or agrees to make, at the cost of the subdivider, prior to the acceptance and approval of the final subdivision map by the city, shall be as set out in Section 17.32.020 through 17.32.070. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.020 Inspection And Supervision
All improvements shall be inspected and approved by the city engineer or his authorized representative.
The subdivider shall be responsible for the actions of this contractor. Twenty-four hours' minimum notice will be required prior to an inspection by city personnel. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.030 General Requirements
Improvements shall be as follows:
A. The subdivider shall be required to pay plan check and inspection fees which shall include all charges for engineering and inspection services rendered by the city including cost of recording maps. The plan check and inspection fee shall be as indicated in the city comprehensive fee schedule and shall be submitted to the city prior to the approval of the subdivision agreement by 2025 Subdivision Ordinance Update 66
the city council or included in the instrument of credit if such is the form of security for the subdivision agreement;
B. Grading, curbs and gutter, paving, drainage structures necessary for the proper use and drainage of streets and pedestrian ways, and for the public safety; C. Site grading and drainage taking into consideration the drainage pattern of adjacent improved and unimproved property and treating upstream areas, where appropriate, as though fully improved; D. All streets and pedestrian ways shall be graded and surfaced to widths and grades shown on the improvement plans and profiles signed by the city engineer, and approved by the city council or as established by law. The subdivider shall improve the extension of all subdivision streets and pedestrian ways to the intercepting paving line of any county road, city street or state highway; E. Sidewalks shall be installed as shown on the improvement plans and profiles signed by the city engineer;
F. Sanitary sewer facilities connecting with the existing city sewer system shall be installed in accordance with the city's master water and sewer plan and shall serve the subdivision with a separate private lateral for each lot and to grades and sizes shown on the plans signed by the city engineer. No septic tanks or cesspools will be permitted; G. Storm water drains shall be installed as shown on the plans signed by the city engineer; H. Water mains and fire hydrants connecting to the water system serving the city shall be installed as indicated in the city's master water and sewer plan, and shown on the plans signed by the city engineer. Mains and individual lot services shall be of sufficient size to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection; I. Parking bays where required or permitted;
J. Street signs shall be installed by the subdividers. Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider in accord with the standard specifications; K. Street trees, if required, shall be of a type approved by the city council and planted in locations approved by it;
L. Permanent monuments, barricades and traffic safety devices shall be placed as required by the city engineer;
M. Street lighting facilities shall be provided in accordance with the city council's policy for the area of the city where the subdivision is located. Lighting shall be adequate to permit proper policing of the subdivision.
(Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.040 Underground Utilities
All utility distribution facilities, including, but not limited to, electric, communication and cable television lines installed in and for the purpose of supplying service to any subdivision, shall be placed underground in accordance with the utility's rules and regulations on file with the California Public Utilities Commission. 2025 Subdivision Ordinance Update 67
A. Equipment appurtenant to underground facilities, such as surface-mounted transformers, street light poles, pedestal-mounted terminal bases and meter cabinets and concealed ducts may be installed above the surface of the ground. The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of the facilities.
B. All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed in accordance with the standards specifications prior to the surfacing of the street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed in such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.
B.C.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 City Services Director may waive this requirement upon finding that the undergrounding would not result in a public benefit. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.050 Railroad Crossings
Provisions shall be made for any railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation for all documents necessary for application of the State Public Utilities Commission or the establishment and improvement of the crossings. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.060 Landscaping
Landscaping shall be in accordance with Section 17.28.150. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.070 Lot Corners
The subdivider's engineer shall set at all lot corners a marker consisting of a one-inch diameter iron pipe twenty-four inches long with the engineer's marker thereon. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.080 Additional Improvements
Where deemed necessary by the city council for the public health, safety or welfare, other improvements may be required.
(Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.090 Supplemental Improvements; Requirement
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such 2025 Subdivision Ordinance Update 68
improvements to the public. Supplemental size, capacity or number shall mean that size, capacity or number in excess of the minimum standard city requirements. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.100 Supplemental Improvements; Reimbursement Agreement The city may enter into an agreement for reimbursement to the subdivider of the cost of the supplemental capacity, size or number. However, the subdivider shall be reimbursed only for that portion of the cost of the improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only and the actual cost of oversize improvements. (Ord. 341 § 1 (19.8.100 (part)), 1979)
17.32.110 Utility Fees And Off-Site Charges
The subdivider shall pay utility and off-site charges as may be required by the council resolution or ordinance in effect at the time of approval of the tentative subdivision map. The schedule of charges shall terminate at the time the tentative map expires or is reapproved by the city council. Utility and off-site charges in effect at the time of reapproval of a tentative subdivision map shall apply to the subdivision.
These charges shall be paid prior to the approval of the subdivision agreement by the city council or included in the instrument of credit if such is the form of security for the subdivision agreement. (Ord. 341 § 1 (19.8.100 (part), 1979)
17.32.120 As-Built Plan
A complete improvement plan "as built" shall be filed with the city engineer upon completion of the improvements. The as-built plans are to be drawn on copies of the original tracings and certified as to accuracy and completeness by the subdivider's engineer. Upon receipt and acceptance of the as-built plan, the city engineer will recommend formal acceptance by the city council. (Ord. 341 § 1 (19.8.200), 1979)
17.32.130 Benchmarks
Elevations on city datum shall be shown on the as-built improvement plans for all monuments in the subdivision.
(Ord. 341 § 1 (19.8.300), 1979)
2025 Subdivision Ordinance Update 69
17.36 Modifications And Appeals
17.36.010 Modifications; Provisions Of Title
17.36.020 Modifications; Planned Community Or Planned Unit District
17.36.030 Modifications; Referral For Recommendations
17.36.040 Modifications; Objectives To Be Secured
17.36.050 Modifications; Planning Commission Report
17.36.060 Modifications; Council Action
17.36.070 Appeal; Notice
17.36.080 Appeal; Report
17.36.090 Appeal; Hearing
17.36.010 Modifications; Provisions Of Title
Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this title, the planning commission may recommend and the city council may permit such modification thereof as may be reasonably necessary if the modifications are in conformity with the spirit and purpose of the Subdivision Map Act and this title. Application for any such modification shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with or after the filing of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission finds the following facts with respect thereto:
A. That there are special circumstances or conditions affecting the property; B. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which the property is situated. (Ord. 341 § 1 (19.9.100), 1979)
17.36.020 Modifications; Planned Community Or Planned Unit District Whenever a planned community or planned unit district has been approved, the planning commission may recommend and the city council may permit modifications of the regulations contained in this title as may be necessary, in accordance with the criteria established in the zoning ordinance. (Ord. 341 § 1 (19.9.200), 1979)
17.36.030 Modifications; Referral For Recommendations
Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulation involved comes and the officer or department shall transmit to the planning commission 2025 Subdivision Ordinance Update 70
his or its written recommendation, which recommendation shall be reviewed, prior to the recommending of any modification.
(Ord. 341 § 1 (19.9.300), 1979)
17.36.040 Modifications; Objectives To Be Secured
In recommending the exception, the planning commission shall secure substantially the objectives of the regulations to which the modifications are granted, as to light, air and public health, safety, convenience and general welfare.
(Ord. 341 § 1 (19.9.400), 1979)
17.36.050 Modifications; Planning Commission Report
In recommending the authorization of any modification under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.
(Ord. 341 § 1 (19.9.500), 1979)
17.36.060 Modifications; Council Action
Upon receipt of the report, the city council may by resolution authorize the planning commission to approve the tentative map with the modifications and conditions the city council deems necessary to substantially secure the objectives of this title.
(Ord. 341 § 1 (19.9.600), 1979)
17.36.070 Appeal; Notice
Appeal may be made from any decision, determination or requirement of the planning commission or city engineer by filing a notice thereof in writing with the city clerk within fifteen days after the decision or determination or requirement is made. The notice shall set forth in detail the action and grounds upon which the subdivider deems himself aggrieved.
(Ord. 34:1 § 1 (19.9.700), 1979)
17.36.080 Appeal; Report
The city clerk shall report the filing of the notice to the planning commission and the city engineer. A written report shall be submitted to the city council by the one whose decision, determination or requirement is being appealed, not later than the date set for hearing the appeal. (Ord. 341 § 1 (19.9.800), 1979)
17.36.090 Appeal; Hearing
The city council shall, not later than its next regular meeting following the filing of the appeal, set the appeal for hearing to be held within twenty-one days thereafter and the hearing may for good cause be continued by order of the city council. Written notice of the date set for hearing the appeal shall be mailed 2025 Subdivision Ordinance Update 71
by the city clerk to the subdivider within five days after the fixing of the hearing date by the council. Upon hearing of the appeal, the city council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this title and the disposition of the appeal shall be final. (Ord. 341 § 1 (19.9.900), 1979)
2025 Subdivision Ordinance Update 72
17.40 Enforcement
17.40.010 Voidability Of Deeds Or Contracts
17.40.020 Penalty For Violation
17.40.010 Voidability Of Deeds Or Contracts
Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell; but the deed of conveyance, sale or conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.
(Ord. 341 § 1 (19.10.100), 1979)
17.40.020 Penalty For Violation
Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, firm or corporation, upon conviction thereof shall be punishable by a fine in an amount which is set by resolution of the City Council, or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 604 2023, Ord. 341 § 4, 1979)
2025 Subdivision Ordinance Update 73
17.44 Vesting Tentative Maps
17.44.010 Title For Citation; Statutory Authority
17.44.020 Purpose Of Provisions
17.44.030 Definitions
17.44.040 Consistency With General Plan And Other Provisions
17.44.050 Applicability Of Chapter Provisions
17.44.060 Filing And Processing
17.44.070 Fees
17.44.080 Expiration Of Approval
17.44.090 Rights Conferred On Approval Of Map; Conditions
17.44.100 Conditional Approval For Developments Inconsistent With Zoning
17.44.110 Applications Inconsistent With Current Policies
17.44.010 Title For Citation; Statutory Authority
The ordinance codified in this chapter was enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the "Vesting Tentative Map Ordinance."
(Ord. 402 § 402-1, 1986)
17.44.020 Purpose Of Provisions
A. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Lindsay Municipal Code, Title 17, otherwise set forth in the provisions of the ordinance codified herein, the provisions of Title 17 of the Lindsay Municipal Code shall apply to the Vesting Tentative Map Ordinance.
B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.
(Ord. 402 § 402-2, 1986)
17.44.030 Definitions
As used in this chapter:
A. "Vesting tentative map" means a "tentative map" for residential subdivision, as defined in Title 17 of the Lindsay Municipal Code, that shall have printed conspicuously on its face the words, "Vesting Tentative Map" at the time it is filed, in accordance with Section 17.44.060, and is thereafter processed in accordance with the provisions of this chapter.
B. All other definitions set forth in Title 17 of this code are applicable. 2025 Subdivision Ordinance Update 74
(Ord. 402 § 402-4, 1986)
17.44.040 Consistency With General Plan And Other Provisions No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan, and any applicable specific plan, or not permitted by the zoning ordinance or other applicable provisions of this code.
(Ord. 402 § 402-3, 1986)
17.44.050 Applicability Of Chapter Provisions
A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Title 17 of this code, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 402 § 402-5, 1986)
17.44.060 Filing And Processing
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in Title 17 of this code for a tentative map, except at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map."
(Ord. 402 § 402-6, 1986)
17.44.070 Fees
Upon filing a vesting tentative map, the subdivider shall pay the application fee as established by resolution of the city council for the filing and processing of a tentative map. (Ord. 402 § 402-7, 1986)
17.44.080 Expiration Of Approval
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to Title 17 of the Lindsay Municipal Code, for the expiration of the approval or conditional approval of a tentative map.
(Ord. 402 § 402-8, 1986)
17.44.090 Rights Conferred On Approval Of Map; Conditions A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. However, if Section 66472 of the Government 2025 Subdivision Ordinance Update 75
Code is repealed, the approval or conditional approval of a vesting tentative map shall confer 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 is approved or conditionally approved.
B. Notwithstanding subsection A of this section, a permit, approval, extensions or entitlement may be made conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;
2. The condition or denial is required, in order to comply with state or federal law.
C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map, as provided in Section 17.44.080. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;
2. The initial time period set forth in subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date of a complete application is filed;
3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection C1 of this section expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fifteen days;
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 or C3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 402 § 402-9, 1986)
17.44.100 Conditional Approval For Developments Inconsistent With Zoning A. Whenever a subdivider files a vesting tentative map for a subdivision where intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map, or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained the approved or conditionally approved vesting tentative map shall, notwithstanding subsection A of Section 17.44.090, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and that map, as approved.
B. The rights conferred by this section shall be for the time periods set forth in subsection C of Section
17.44.090.
2025 Subdivision Ordinance Update 76
(Ord. 402 § 402-10, 1986)
17.44.110 Applications Inconsistent With Current Policies Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in subsection A of Section 17.44.090 and Section 17.44.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 402 § 402-11, 1986)
2025 Subdivision Ordinance Update 77
17.48 Urban Lot Split Parcel Map
17.48.010 Purpose and Scope
17.48.020 Application
17.48.030 Approval
17.48.040 Location Requirements
17.48.050 Design and Improvement Requirements
17.48.060 Access Standards
17.48.070 Map Requirements
17.48.080 Concurrent Processing with Other Permits
17.48.090 Prohibition of Further Subdivision
17.48.010 Purpose and Scope
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 lotsplit meansthe subdivision of an existing legal parcelzoned single-family residential (RA, R-1-7, or R-1-5) under title 18 “Zoning” municipal code, to create no more than two new parcels.
17.48.020 Application
A. A completed application form, of which the blank form shall be provided by the city services department.
B. One (1) copy of the urban lot split parcel map, consistent with the requirements of section
17.48.070of 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 ofthe 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.
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I. An urban lotsplit affidavit, city form provided by the city services 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 lotsplit 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 city services department.
17.48.030 Approval
A parcel map for an urban lot split will be approved ministerially without discretionary review or public hearing by the City Engineer that approvesthatthe parcel map meets all ofthe requirements of this article and Government Code Section 66411.7. A tentative parcel map is not required for an urban lot split.
17.48.040 Location Requirements
A. The parcel is located in one of the following single-family residential zoning districts RA, R-1-7, or R-1-5, as defined in title 18, Zoning.
B. The parcel islocated 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.
17.48.050 Design Improvement Requirements
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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 Lindsay design standards. All storm drainage facilities must be designed and constructed in compliance with this code and City of Lindsay 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 Lindsay 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 Lindsay developmentimprovementstandards.
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. Lotlinesmay notrender an existing structure as nonconforming in any respect(e.g.,setbacks, yard, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.
17.48.060 Access Standards
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 easementlength 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.
17.48.070 Map Requirements
The following content and information must be shown on the urban lot split parcel map:
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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 17.24.130.
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 2025 Subdivision Ordinance Update 81
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 use.
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.
17.48.080 Concurrent Processing with Other Permits
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.
17.48.090 Prohibition of Further Subdivision
A lot created by a parcel map under this article may not be further subdivided.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 25-08