Chapter 16.18
DEFINITIONS
Sections:
16.18.010 Generally.
Except as otherwise provided in this chapter, all terms used in this title which are defined in the Subdivision Map Act are used in this title as so defined, unless from the context hereof it clearly appears that a different meaning is intended. (Ord. 510 § 2, 2007)
16.18.020 Definitions.
“Alley” shall mean a public way, other than a street or highway, providing a secondary means of vehicular access to abutting property.
“Approved access” shall mean access to a state highway, county road or city street of not less than 40 feet of right-of-way in width by a connecting access of not less than 30 feet in width; said connecting access being owned by the owner of the parcel or parcels to which it furnishes access or irrevocable easement for the permanent use of such parcel or parcels.
“Arterial street” shall mean a street that carries the vehicular traffic of local and collector streets to and from freeways, the central business district and other arterial streets, with protected intersections at grade, and that generally provides direct access to abutting properties.
“Board of supervisors” or “board” shall mean the San Joaquin County board of supervisors.
“CEQA” shall mean the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
“Certificate of compliance” shall mean a document issued by the city planner which certifies that real property has been divided or resulted from a division in compliance with all applicable city titles regulating the division of real property and the Subdivision Map Act regulations applicable at the time the parcel(s) of real property were divided or resulted from such division.
“City clerk” shall mean the city clerk for the City of Escalon.
“City code” shall mean the Escalon Municipal Code.
“City council” or “council” shall mean the Escalon city council.
“City engineer” shall mean the city engineer for the City of Escalon.
“City planner” shall mean the city planner for the City of Escalon.
“Collector street” shall mean a street that collects and distributes vehicular traffic moving between arterial streets and local streets and that generally provides direct access to abutting properties.
“Control of access” shall mean the condition whereby the right of owners or occupants of abutting land, or other persons, to access, light, air or view in connection with a street or highway is fully or partially controlled by public authority.
“County” shall mean the county of San Joaquin.
“County recorder” shall mean the county recorder of San Joaquin County.
“Cul-de-sac street” shall mean a street which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround. For the purposes of these regulations, the length of a cul-de-sac street shall be measured from the centerline of the intersecting street along the centerline of the cul-de-sac to the center of the radius of the turnaround.
“Design” shall mean the following:
A. Street alignments, grades and widths;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof;
C. Location and size of all required easements and rights-of-way (existing or future);
D. Fire roads and firebreaks;
E. Lot size and configuration;
F. Traffic access;
G. Grading;
H. Land to be dedicated for park or recreational purposes;
I. Land to be dedicated for schools; and
J. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
“Final parcel map” or “parcel map” shall mean a map prepared by a registered civil engineer or licensed land surveyor showing a subdivision of four or fewer parcels required by, and prepared in accordance with, the provisions of the Subdivision Map Act and this title and designed to be filed for recordation.
“Final subdivision map” or “final map” shall mean a map showing a subdivision of five or more parcels for which tentative and final maps are required by, and prepared in accordance with, the provisions of the Subdivision Map Act and this title, and conforming to an approved tentative subdivision map.
“Fire protection” shall mean such fire hydrants and other protective measures as may be reasonably required by the fire marshal of the fire district for protection of property to be located within a subdivision.
“Flag lot” shall mean a parcel predominantly situated behind another parcel and having access to a street by means of a narrow portion of the parcel extending out to the street.
“Flood hazard” shall mean a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.
“Freeway” shall mean a highway defined as a “freeway” in Section 23.5 of the Streets and Highways Code.
“Frontage road” or “service road” shall mean a street lying adjacent and approximately parallel to and separated from a freeway or other public street and which affords access to abutting property.
“General plan” shall mean the general plan of the City of Escalon.
“Geological hazard” shall mean a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.
“Improvement” shall mean any street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, rights-of-way and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final subdivision or parcel map thereof. “Improvement” shall also mean any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city or by a combination thereof, is necessary or convenient to ensure consistency with, or implementation of, the general plan or any applicable specific plans.
“Local street” shall mean any street other than a collector street, arterial street or freeway that provides direct access to abutting properties and serves local as distinguished from through traffic.
“Lot” shall mean a parcel or portion of land separated from other parcels or portions by description as on a final subdivision or parcel map or by metes and bounds for purpose of sale, lease, financing or separate use, or a parcel of land which is identified on a final map or parcel map recorded in the office of the county recorder with a separate and distinct number or letter.
“Lot line adjustment” shall mean the relocation of an interior lot line between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not thereby created.
“Merger” shall mean the joining of two or more contiguous parcels of land under common ownership into one parcel.
“Pedestrian way” shall mean a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.
“Planning commission” or “commission” shall mean the Escalon planning commission.
“Planning department” shall mean the planning department of the City of Escalon.
“Private road easement” shall mean a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the county recorder.
“Public way” shall mean any street, highway, alley, pedestrian way, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way or other way in which the public has a right of use.
“Public works department” shall mean the public works department of the City of Escalon.
“Revised tentative subdivision map” shall mean a tentative subdivision map filed for approval under this title showing a revised arrangement of the streets, alleys, easements or lots or a modification of the boundary of property for which a tentative subdivision map has been previously approved.
“Roadway” shall mean that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicles.
Shall, May. The word “shall” is mandatory. “May” is permissive.
Street, arterial. See “Arterial street.”
Street, collector. See “Collector street.”
Street, cul-de-sac. See “Cul-de-sac street.”
Street, local. See “Local street.”
“Subdivider” shall mean a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for itself or for others, except that employees and consultants of such persons or entities acting in such capacity are not “subdividers.”
“Subdivision” shall mean 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 1351(f) of the Civil Code, a community apartment project, as defined in Section 1351(d) of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 1351(m) of the Civil Code.
“Subdivision Map Act” shall mean the Subdivision Map Act, Government Code Section 66410 et seq., inclusive, as that Act currently provides or is subsequently amended.
“Subdivision modification” shall mean a request by a subdivider for modifications to the requirements or standards imposed by these subdivision regulations filed prior to the approval of the tentative subdivision map.
“Tentative subdivision map” or “tentative parcel map” shall mean a map made for the purpose of showing for approval the design and improvement of a proposed land division which requires a final map or parcel map when a tentative subdivision map is required by this title.
“Vehicular access rights” shall mean the right or easement for vehicular access of owners or occupants of abutting lands to a public way.
“Vesting tentative map” shall mean a tentative map which shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed, in accordance with this title, and Section 66452 of the Government Code, and is thereafter processed in accordance with these provisions and the Subdivision Map Act.
“Zoning ordinance” shall mean the zoning regulations found in EMC Title 17, Zoning, and amendments thereto. (Ord. 510 § 2, 2007)