Chapter 17.04
DEFINITIONS
Sections:
17.04.010 Purpose and applicability.
17.04.020 Rules for construction and language.
17.04.010 Purpose and applicability.
The purpose of this chapter is to ensure precision in interpretation of the words and terms used throughout this title. The meaning and construction of words and phrases defined in this chapter shall apply throughout this title, except where the context clearly indicates a different meaning or construction. (Ord. 3-94 §1(part), 1994).
17.04.020 Rules for construction and language.
In addition to the general provisions of this code, the following rules of construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words or provisions shall apply.
2. “Or” indicates that the connected words or provisions may apply singly or in any combination.
3. “Either...or” indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and a diagram, the text shall control.
D. All references to departments, commissions, boards or other public entities are to those of the city of Half Moon Bay, unless otherwise indicated.
E. All references to public officials are to those of the city of Half Moon Bay, and include designated deputies of such officials, unless otherwise indicated.
F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or city holiday, it shall be extended to the next working day.
G. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.
H. The present tense includes the future, and the future the present.
I. The singular number includes the plural and the plural the singular.
J. References in the masculine and feminine genders are interchangeable.
K. The words “activities” and “facilities” include any part thereof. (Ord. 3-94 §1(part), 1994).
17.04.030 Definitions.
For the purposes of this title, the following words and phrases shall have the following meanings:
“Advisory agency” means the planning commission of the city and the advisory agency shall be as referred to in the California subdivision map act.
“Appeal Board” means the city council of the city and the appeal board shall be as referred to in the California subdivision map act.
Arterial street. As defined in the circulation element of the general plan, “arterial streets” primarily serve intra-city travel, carrying traffic from collector streets to and from other parts of the city. Access to abutting property is subordinate to the primary function of moving traffic between residential neighborhoods and the downtown and commercial areas. Direct access driveways are to be minimized.
Collector street. As defined in the circulation element of the general plan, “collector streets” directly or indirectly link local streets with arterials, and are designed to primarily serve residential and recreational traffic. Collectors are not intended to accommodate crosstown traffic. Direct access driveways should be minimized on high-volume collectors such as those along Highway 1 at signalized locations for purposes of traffic safety and residential livability.
“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel in real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.
“Dedicated easement” means an easement dedicated to and accepted by the city or another qualified and responsible agency, to be used for public purposes, including, but not limited to, pedestrian accessways, vehicular access, and utilities.
“Design” means and includes, but is not limited to, street alignments, grades and widths; the alignment and widths of easements and rights-of-way for drainage, sanitary sewers, water, utilities and other facilities for public use or benefit; the size, configuration and location of park, open space, and recreation sites; and the lot area, width, depth, shape and pattern as may be required or otherwise provided for in this title, Title 18 of this code, any specific plans or planned unit development plans, the city’s local coastal program, and the general plan and any of its elements.
“Final map” means a map showing a subdivision for which a tentative and final map is required by the subdivision map act and this title, prepared in accordance with the subdivision map act and this title, which is designed to be recorded with the San Mateo County recorder.
A. “Improvements” mean, and include but are not limited to streets, curbs, gutters, sidewalks, drainage facilities, sanitary sewer facilities, utilities, landscaping, parks, or other improvements to be installed, or agreed to be installed by the subdivider on the land or land appurtenant thereto, to be used for public streets, highways, ways, easements, park and recreation facilities or as otherwise may be necessary for the general use or benefit of the lot owners in the subdivision and the surrounding area as a condition precedent to approval and acceptance of the final map, or parcel map thereof.
B. Improvement also refers to such specific improvement or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, or by a combination thereof, are necessary or convenient to ensure conformity with or implementation of the local coastal plan, the general plan and any of its elements, Title 18 of this code, or any specific plans or planned unit development plans.
“Lot” or “parcel” means a parcel of land established or to be established by procedures as provided for in this title and the subdivision map act.
“Lot depth” means the horizontal distance from the midpoint of the front to the midpoint of the rear lot line.
Lot Depth, Average. “Average lot depth” means the sum of the length of the two side lines of the lot divided by two. In the case of irregularly-shaped lots, having four or more sides, average lot depth shall be the sum of the length of two lines, drawn perpendicular to the front lot line at the widest and narrowest portions of the lot, divided by two.
Lot Line, Front. “Front lot line” means the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest recorded tract deed restrictions, approved as part of a subdivision approval, specify another line as the front lot line.
Lot Line, Rear. “Rear lot line” means a lot line which is not a front or side lot line as defined in this section, which is parallel or approximately parallel to and opposite the front lot line. In the case of an irregular-shaped lot, rear lot line means a line within the lot most nearly parallel to and at the farthest distance from the front lot line.
Lot Line, Side. “Side lot line” means any lot line not a front lot line or a rear lot line as defined in this section.
Lot Width, Average. “Average lot width” means the sum of the length of the front and rear lot line divided by two. In the case of irregularly-shaped lots having four or more sides, average lot width shall be the sum of the length of two lines, drawn perpendicular to one side line at the widest and narrowest portions of the lot, divided by two.
“Minor street” means a street which is used primarily for access to abutting properties.
“Owner” means the individual(s) or entity(ies) having sufficient proprietary interest in the land sought to be subdivided, and to commence and maintain proceedings to subdivide the same under the law of the state of California and this title.
“Parcel map” refers to a map showing the division of land as described in the following cases:
A. Any parcel or parcels of land which is to be divided into four or fewer parcels; or
B. The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street and no dedications or improvements are required; or
C. Any parcel or parcels of land divided into lots or parcels, each of a gross area of twenty acres or more, and each of which has an approved access to a maintained public street; or
D. Any parcel or parcels of land divided into lots or parcels, each of which is forty acres or more; or
E. Any parcel or parcels of land having approved access to a public street which comprises part of a tract of land zoned for industrial development and which has the approval of the governing body as to street alignments and widths, provided however, that the advisory agency may require the filing of a tentative and final map on such industrially-zoned land where it deems it in the public interest. Each map shall be filed and approved in accordance with the procedures of this title and the subdivision map act.
“Pedestrian way” means an easement exclusively for pedestrian use.
“Planting strip” means the strip between the curb line and the property line.
“Reserve strip” means a strip of land not less than one foot in width deeded or dedicated to the city for the purpose of regulating access to a partially improved or dedicated or dead-end, alley, street or highway, or to any arterial street.
“Subdivider” means a person(s) or entity(ies) who causes land to be subdivided into any number of parcels.
“Subdivision” means any real property improved or unimproved, or portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, which is proposed to be divided by a subdivider, including condominiums and community apartment projects, for the purpose of sale, lease or financing, whether immediate or future, by any subdivider within any period. The following, however, are not subdivisions within the meaning of this title;
A. Financing or leasing of industrial buildings, stores, offices, apartments or similar space within a building or spaces within a trailer park;
B. Mineral, oil or gas leases, cemeteries. “Subdivision map act” means the subdivision map act of the state of California.
“Tentative map” means any map made for the purpose of showing the design of a proposed subdivision of any kind containing five or more parcels or five or more condominium units, showing the existing conditions in and around it, prepared in accordance with this title and the subdivision map act.
“Vesting tentative map” means any tentative map with the words “Vesting Tentative Map” printed conspicuously on its face prepared in accordance with this title and the subdivision map act. (Ord. 3-94 §1(part), 1994).