Chapter 16.08
DEFINITIONS AND RESPONSIBILITIES
Sections:
16.08.010 Definitions.
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases used in this title are defined in this chapter as set forth below. All definitions provided in Chapter 16.04 of this code and all definitions provided in the Subdivision Map Act shall also be applicable to this title and said definitions are incorporated by this reference as though fully set forth in this chapter.
1. “Accessory building or structure” means a detached subordinate building or structure, the use of which is incidental to that of the main building on the same lot, or to the use of the land.
2. “Acreage” means any parcel of land which is not a lot, as defined in this section, and those areas where a legal subdivision has not been made previously or where a legal subdivision has declared such parcel as acreage.
3. “Advisory agency” means the planning commission, that has the designated authority to approve, conditionally approve or disapprove maps.
4. “Alley” means a passage or way open to public travel affording a secondary means of vehicular access to abutting lots not intended for general traffic circulation.
5. “Area of inundation” means all areas within the city shown on the United States flood insurance rate map (FIRM) for the city of Folsom as being within the area subject to at least a 1 percent chance of flooding in any 1 year.
6. “Arterial roads (or major streets)” means a major street which has the purpose of connecting neighborhoods within the city and the city with surrounding communities. Arterials would normally define the boundaries of neighborhoods, not provide internal access to a neighborhood.
7. “Block” means the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
8. “Business and Professions Code” means the Business and Professions Code of the state of California.
9. “City council” means the city council of the city of Folsom.
10. “City engineer” means the city engineer of the city of Folsom.
11. “City street” means any duly dedicated street, avenue, or the like which the city has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the city, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.
12. “Collector (or secondary) street” means a street, intermediate in importance between a local street and an arterial road, which has the purpose of routing traffic from local streets within a neighborhood to an arterial road. Collector streets would not normally serve as “through” roads for more than 1 area, but would circulate throughout a neighborhood.
13. “Community apartment project” shall be defined as provided in Section 11004 of the Business and Professions Code.
14. “Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.
15. “Construction” means design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.
16. “Conversion” means the creation of a separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.
17. “Cul-de-sac” means a street open at 1 end, which has a vehicular turnaround at the opposite end.
18. “Day” means a calendar day.
19. “Department” means the community development department.
20. “Design (of the subdivision)” means:
a. Street alignments, grades and widths;
b. Drainage, water, sewer and sanitary facilities and utilities, including alignments and grades;
c. Location and size of all required easements and rights-of-way;
d. Fire roads and fire breaks;
e. Lot size and configuration;
f. Vehicular, bicycle and public transit access;
g. Grading;
h. Land to be dedicated for park, recreation or open space purposes;
i. 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.
21. “Development” means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it and all alterations of the land and construction incident thereto.
22. “Dwelling” means a building designed for and/or occupied by 1 or more persons of a family.
23. “Easement” means an easement dedicated to the city, which shall be continuing and irrevocable unless formally abandoned by the city and any other easement whether owned by a public entity, public utility or private party.
24. “Environmental impact report (EIR)” means a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., and state and city CEQA guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.
25. “Expressway” means a street which has the purpose of carrying cross-town traffic from other communities or between neighborhoods within the city. An expressway may contain some grade-separated intersections, but this type of road would be mainly a surface street. Expressways should be located to allow for controlled intersections spaced at 1/2-mile intervals or more. Roads should intersect an expressway.
26. “Final map” means a map showing a subdivision of 5 or more parcels for which a tentative and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the county recorder.
27. “Flag lot” means a lot which has a narrow strip of land abutting the street and expands into a larger area. A lot shall not be considered a flag lot if the frontage, at the setback line, meets the minimum parcel width.
28. “Frontage road” means a local street auxiliary to, and located adjacent to the side of a major road for service to abutting property and control of access.
29. “General plan” means the general plan of the city of Folsom, adopted October 31, 1988, and all amendments thereto.
30. “Government code” means the Government Code of the state of California.
31. “Greenbelt” means a strip of land reserved for open space or parkland between 2 developed areas, often providing pedestrian or bicycle connections between the developed areas.
32. Hillside Area (Reserved)
33. “Improvement” means streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of the final map thereof. Improvement shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the city, is necessary to ensure consistency with, or implementation of, the general plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.
34. “Local (or tertiary) street” means a street which has the purpose of serving a portion of a neighborhood and routing traffic to a collector street.
35. “Lot or parcel” means a unit or portion of land separate from other units or portions by description, as on a final map or parcel map, or by such other map approved by the county or by the city under the provisions of the Subdivision Map Act and of city ordinances in effect at the time of such approval, for the purpose of sale, lease or financing. In general, a lot or parcel shall not have a depth that exceeds 3 times the width.
36. “Lot line adjustment” means a minor shift or rotation of an existing lot line or other adjustment where a greater number of parcels than originally existed is not created as approved by the planning commission pursuant to Section 16.12.030 C.
37. “Major thoroughfare” means an expressway or arterial street as designated in the transportation and circulation element of the general plan, or any applicable specific plan, whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
38. “Manager” means the city manager of the city of Folsom.
39. “Merger” means the joining of 2 or more contiguous parcels of land under 1 ownership into 1 parcel.
40. “Mobile home” means a structure as defined in Section 18008 of the Health and Safety Code which is located within a mobile home park.
41. “Multiple dwelling” means a building of permanent character, placed in a permanent location, which is planned, designated or used for residential purposes, for 3 or more families living independently of each other in independent dwelling units.
42. “Off-site improvement” means any public improvement installed in, over, under or upon the public streets or right-of-ways outside the perimeter of a subdivision.
43. “Owner” means any person or persons having proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
44. “Parcel map” means a map showing a subdivision of 4 or less parcels as required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the county recorder.
45. “Parks and recreation commission” means the parks and recreation commission of the city of Folsom.
46. “Parks and recreation element” means the parks and recreation element of the city of Folsom, adopted October 31, 1988, and all amendments thereto.
47. “Parks and recreation master plan” means the parks and recreation master plan of the city of Folsom, adopted November 20, 1989, and all amendments thereto.
48. “Peripheral street” means an existing street whose right-of-way is contiguous to the exterior boundary of a subdivision.
49. “Private street” means any street, accessway or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Private streets shall be constructed in accordance with standard engineering specifications.
50. “Remainder” means that portion of an existing parcel which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision. A remainder of 5 acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.
51. “Single-family dwelling” means a detached building of permanent character, placed in a permanent location, which is planned, designed or used as a residence for one family only, living independently of other families or persons.
52. “Specific plan” means a tool for detailed design and implementation of a defined portion of the area covered by the general plan. A specific plan may include all detailed regulations, conditions, programs and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s) or a portion thereof.
53. “Standard engineering specifications” means those standard subdivision improvement plans and specifications as prepared and/or approved by the public works director.
54. “Stock cooperative” shall be defined as provided in Section 11003.2 of the Business and Professions Code.
55. “Street ends (dead end streets, etc.)” means a street which is limited in length and has the purpose of serving only a few residences.
56. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
57. “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 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code and the conversion of 5 or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Subdivision includes any division of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.
58. “Subdivision map act” means Government Code Sections 66410 et seq., inclusive.
59. “Tentative map” means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. Tentative map shall include a tentative map prepared in connection with a parcel map pursuant to the provisions of Chapter 16.24 of this title.
60. “Vesting tentative map” shall be defined as provided in Section 16.28.030 A. (Ord. 702 § 1 (part), 1991)
16.08.020 Responsibilities.
A. City Attorney. The city attorney’s responsibilities shall include approving as to form all subdivision improvement agreements and security and all governing documents for a common interest development.
B. City Council. The city council shall have final jurisdiction in the approval, conditional approval or denial of tentative and final maps and in the approval of improvement agreements for subdivisions of 5 or more parcels. The city council shall also have final jurisdiction in the approval, conditional approval or denial of reversions to acreage. The city council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative maps and vesting tentative maps.
C. Planning Commission. The planning commission’s responsibilities shall include:
1. Recommendations to the city council for the approval, conditional approval or denial of tentative maps for subdivisions of 5 or more parcels;
2. The approval, conditional approval or denial of tentative parcel maps for subdivisions of 4 or less parcels;
3. The approval of lot line adjustments, mergers and certificates of compliance;
4. Granting authorization to the city engineer for the acceptance of:
a. Dedications for subdivisions of 4 or less parcels,
b. Off-site dedications lying outside a subdivision boundary which require a separate grant deed;
5. Determinations of violations of the provisions of the Subdivision Map Act or this title;
6. The approval of proposed street names.
D. City Engineer. The city engineer’s responsibilities shall include:
1. Establishing design and construction details, standards and specifications;
2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this title;
3. The processing and certification of final maps, reversion to acreage maps and amended maps and the processing and approval of subdivision improvement plans;
4. Examining and certifying that final maps and parcel maps are in substantial compliance with the approved tentative map;
5. The approval as to form of subdivision improvement agreements;
6. The inspection, approval and acceptance of subdivision improvements.
E. Community Development Department. The community development department’s responsibilities shall include the processing of tentative maps as to conformity with the objectives, policies, general land use and programs of the Subdivision Map Act, this title, this code, the general plan and any applicable specific plan. The department shall also be responsible for the conformity with the California Environmental Quality Act and local environmental regulations.
F. Parks and Recreation Commission. The parks and recreation commission’s responsibilities shall be in accordance with the provisions of Section 16.32.040. (Ord. 702 § 1 (part), 1991)