Chapter 16.08
DEFINITIONS
Sections:
16.08.005 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 having the same meaning as ascribed thereto in said Subdivision Map Act unless from the context hereof it clearly appears that a different meaning is intended. [Ord. 529 § 2.1, 1973. Code 1987 § 16.08.010].
16.08.010 A definitions.
“Access rights” means the right, claim, title or privilege of access, by pedestrians or vehicles, to a parcel of land that has been granted by a written, permanent and recorded easement, dedication or offer of dedication for a public or private street or way.
“Alley” means a public way for pedestrian or vehicle use which affords only a secondary means of access to abutting properties.
“Approved” means approved by the Planning Commission and/or the City Council or by the person or department having jurisdiction on such matters, unless otherwise specified.
“Arterial street” means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one-fourth-mile intervals.
“Article” means an article of this title unless some other statute or other ordinance is referred to. [Ord. 529 §§ 2.2 – 2.6, 1973. Code 1987 § 16.08.020 – 16.08.060].
16.08.020 B definitions.
“Block” means an area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys and the exterior boundary or boundaries of the subdivision. [Ord. 529 § 2.7, 1973. Code 1987 § 16.08.070].
16.08.030 C definitions.
“City Council” means the City Council of the City of Lake Elsinore.
“City Engineer” means the engineer or his representative, as designated by the City Council, to discharge for the City of Lake Elsinore those duties prescribed hereinafter to be performed by the City Engineer.
“City standards” refers to specific and general plans, ordinances, standard streets and highway plans, standard streets and highway specifications, water standard plans, water specifications, sewer standard plans, sewer specifications, and all other ordinances, standards, plans and specifications setting standards of the City as adopted by the City Council.
“Collector street” means a street which is intended to serve extensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater.
“County Health Officer” means the Health Officer of Riverside County.
“County Recorder” means the Recorder for Riverside County.
“County Surveyor” means the County Surveyor for Riverside County.
“Cul-de-sac street” means a street having access at only one end and with special construction provided at the other end for adequate turning radius for vehicular traffic. The further extension of such street is precluded by the subdivision design. [Ord. 529 §§ 2.9 – 2.17, 1973. Code 1987 § 16.08.080 – 16.08.150].
16.08.040 D definitions.
“Dead-end street” means a street having access only at one end and with no special construction provided at the other end for turning around of vehicular traffic. The street may be extended in the future into adjoining property.
“Department of Transportation” means the Department of Transportation of the State.
“Director of Planning” or “Planning Director” means the person as designated by the City Council to discharge for the City the duties prescribed hereinafter to be performed by the Planning Director as authorized by Chapter 3, Title 7 of the Government Code, statutes of the State.
“Division of land” means:
1. Any real property, improved or unimproved, or portion thereof, which is divided for the purpose of sale, lease, gift or financing, or the conveyance of undivided interest coupled with the right of exclusive occupancy, whether immediate or future; and
2. The combined meaning of “subdivisions” and “minor land divisions,” as defined in this chapter.
3. “Division of land” does not include:
a. The financing or leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building or mobilehome park;
b. Agricultural, gas, oil or mineral leases;
c. Land dedicated for cemetery purposes under the California Health and Safety Code;
d. The division of land caused by the acquisition of a property interest by a public entity or governmental agency;
e. The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes, or the conveyance of land by a public utility to a continuous ownership;
f. The division of land solely for the purpose of increasing the site of an adjacent building lot or site;
g. The division of land with each new lot created having a gross area of 40 acres or more.
“Double frontage” means a lot having frontage on two parallel or nearly parallel streets. [Ord. 574 § 1, 1977; Ord. 529 §§ 2.18 – 2.22, 1973. Code 1987 § 16.08.160 – 16.08.200].
16.08.050 E definitions.
“Expressway” means a divided highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half-mile intervals. [Ord. 529 § 2.23, 1973. Code 1987 § 16.08.210].
16.08.060 F definitions.
“Final map” means a map showing the division of land for either a “subdivision” or a “minor land division” and is prepared in accordance with the provisions of the Subdivision Land Act of the State and with the provisions of this title, which map is designed to be filed in the Office of the County Recorder.
“Flood-control work” or drainage work includes all means of conveying or storing stormwaters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood-control channels.
“Flood hazard” means a substantial possibility of damage to life or property by overflow water, ponded water, or other water on the surface of the land or by debris or silt carried in such water.
“Freeway” means a highway upon which the abutter’s right of access is controlled, and which provides separated grades at intersecting streets and is designated as a “freeway” by the California State Department of Transportation or other governmental agency.
Frontage Road. See “service road.” [Ord. 529 §§ 2.24 – 2.28, 1973. Code 1987 § 16.08.220 – 16.08.260].
16.08.070 G definitions.
“General Plan” means a general or master plan, or any element thereof, adopted by the City, and as defined in the Conservation and Planning Law, Article 7, Chapter 3, Title 7, of the Government Code, State of California. [Ord. 529 § 2.29, 1973. Code 1987 § 16.08.270].
16.08.080 H definitions.
Highway. See “street.” [Ord. 529 § 2.30, 1973. Code 1987 § 16.08.280].
16.08.090 I definitions.
“Improvements” means all street work, equestrian trails, water system work, sewer system work, flood control and drainage works, streetlight installations, utility installations, and other required works as specified in the conditions of approval of the tentative map as a requirement for the land divider to construct or install as a condition preedent to the acceptance of the final map thereof.
“Industrial street” means a street primarily intended for pedestrian or vehicular access to abutting properties used for industrial purposes.
“Inundation” means ponded water or water in motion of sufficient depth to damage life or property or to deposition of silt or debris. [Ord. 529 §§ 2.31 – 2.33, 1973. Code 1987 § 16.08.290 – 16.08.310].
16.08.120 L definitions.
“Land divider” means a person who causes the division of land.
“Limited vehicular access” means that the owners or occupants of abutting lands to a public way, other than as pedestrians or equestrians, have access only at specifically designated points.
“Local street” means a street intended wholly or principally for traffic originating or terminating at residential properties within the immediate vicinity of said street.
“Lot” means a parcel of real property with a separate and distinct number or other designation shown on a final map or parcel map which is filed in the office of the County Recorder and which has access to at least one street. [Ord. 529 §§ 2.34 – 2.37, 1973. Code 1987 § 16.08.320 – 16.08.350].
16.08.130 M definitions.
“Major street” means a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two or more intersecting secondary streets. Access from abutting properties shall be kept at a minimum and intersections with other streets shall be limited to approximately one-eighth mile intervals.
Master Plan. See “General Plan.”
“Minor land division” means a division of land which is divided under the following conditions:
1. Any parcel or parcels of land which are divided into four or less parcels which create any parcel under 60 acres in area. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purpose of computing the number of parcels;
2. The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street or highway and no dedication or improvements are required;
3. Any parcel or parcels divided into lots or parcels, each having a gross area of 20 acres or more, and each of which has an approved access to a maintained public street or highway;
4. Any parcel or parcels of land having approved access to a public street or highway which comprise part of a tract of land zoned for industrial or commercial development, and which has the approval of the Planning Commission as to street alignments and widths;
5. Any parcel or parcels of land divided into lots or parcels, each having a gross area of not less than 40 acres, or quarter-quarter section, and not larger than 60 acres. [Ord. 529 §§ 2.38 – 2.41, 1973. Code 1987 § 16.08.360 – 16.08.380].
16.08.140 N definitions.
“Net area” excludes dedications and easements for access of ingress or egress from property or for easements for street or pedestrian purposes irrespective of whether easements are public or private.
“Nonaccess,” labeled on a recorded map, means that access rights have been relinquished by appropriate dedication certificate on the final map.
“Nonvehicular access,” labeled on a recorded map, means that vehicular access rights have been relinquished by appropriate dedication certificate on the final map. [Ord. 529 §§ 2.42 – 2.44, 1973. Code 1987 § 16.08.390 – 16.08.410].
16.08.160 P definitions.
“Parcel of land” means a contiguous quantity of land or real property in the possession of, or owned by, or recorded as the property of the same claimant or person.
“Parcel map” means a map showing the division of land for a minor land division and is prepared in accordance with the provisions of the Subdivision Map Act and with the provisions of this title and which map is designated to be filed in the Office of the County Recorder.
“Parkway” means that property within a street that lies between the portion reserved for vehicular traffic and the right-of-way line.
“Part-width street” means any street, the improved width of which is less than the width necessary for a normal full-width street as required by the City standards.
“Person” means any individual, firm, co-partnership, joint venture, association club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, County, City, municipality, district, or other political subdivision, or any other group or combination acting as a unit.
“Planning Commission” means the Planning Commission of the City of Lake Elsinore.
“Private street” means any parcel of land not dedicated as a public street, but used or intended to be used for the exclusive use of a limited and specified number of people for ingress to, or egress from, a lot or lots which may or may not have frontage on a public street. Access to the private street by the public may be controlled by the land division design, posting, or gating.
“Public way” includes street, highway, avenue, boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway, tunnel, bridge, public easement, public right-of-way, and other ways in which the right-of-way has dedicated or deeded to a public agency for such purpose. [Ord. 529 §§ 2.45 – 2.52, 1973. Code 1987 § 16.08.420 – 16.08.490].
16.08.180 R definitions.
“Right-of-way” means the entire width of property of a public way. [Ord. 529 § 2.53, 1973. Code 1987 § 16.08.500].
16.08.190 S definitions.
“Secondary street” means a street for the movement of large volumes of traffic through the City or serving to collect traffic from two or more intersecting collector streets.
“Section” means a section of this title, unless some statute or other ordinance is referred to.
“Service road” or “frontage road” means a local street which is parallel to and adjacent to freeways, expressways, arterial highways, major highways, and secondary highways, and which provides access to abutting properties.
“Specific plan” means a specific plan, or any element thereof, adopted by the City, as defined in the Conservation and Planning Act, Article 10, Chapter 3, Title 7, of the Government Code, State of California.
“Street” means a public or private way which is intended for the primary use of vehicular and pedestrian traffic.
“Subdivider” means a person who causes the division of land for a subdivision.
“Subdivision” means a division of land which does not qualify as a minor land division.
“Subdivision Map Act” means the Subdivision Map Act as set forth in Chapter 2, Part 2 of Division 4 of the Business and Professions Code of the State of California. [Ord. 529 §§ 2.54 – 2.63, 1973. Code 1987 § 16.08.510 – 16.08.580].
16.08.200 T definitions.
“Tentative map” means a map prepared in accordance with the provisions of the Subdivision Map Act and with provisions of this title for the purpose of showing the design of a proposed division of land, the existing conditions in and around it, and it need not be based upon a detailed final survey of the property.
“Tract map” means a map showing the division of land for a subdivision and is prepared in accordance with the provisions of the Subdivision Map Act and with the provisions of this title and which map is designated to be placed on record in the office of the County Recorder. [Ord. 529 §§ 2.64, 2.65, 1973. Code 1987 § 16.08.590, 16.08.600].
16.08.220 V definitions.
“Vehicular access rights” means the right, easement or access of the owners or occupants of abutting lands to a public way other than as pedestrians. [Ord. 529 § 2.66, 1973. Code 1987 § 16.08.610].
16.08.230 W definitions.
“Walkway” means a passageway intended for pedestrian use only.
“Watercourse” means any natural or manmade channel where water is concentrated and/or collected from a tributary drainage area. [Ord. 529 §§ 2.67, 2.68, 1973. Code 1987 § 16.08.620, 16.08.630].
16.08.260 Z definitions.1
“Zoning ordinance” means the ordinance, as adopted by the City, and all subsequent amendments thereto, establishing land classifications and regulating the use of property therein, defining the terms used in said ordinance, providing for the adjustment, enforcement and amendment thereto and prescribing penalties for its violation. [Ord. 529 § 2.69, 1973. Code 1987 § 16.08.640].
The zoning ordinance and amendments thereto are codified in LEMC Title 17.