Chapter 16.04
DEFINITIONS AND RESPONSIBILITIES
Sections:
16.04.010 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 section as set forth below. All definitions provided in the general provisions chapter of this Code, and all definitions provided in the Subdivision Map Act, shall also be applicable to this title, and such definitions are incorporated by reference as though fully set forth herein.
“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.
“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.
“Business and Professions Code” means the Business and Professions Code of the state of California.
“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 right-of-way used by the public generally.
“Collector street” means a street, intermediate in importance between a local street and either a major or secondary thoroughfare, which has the purpose of collecting local traffic and carrying it to a thoroughfare.
“Community apartment project” is defined as provided in Section 11004 of the Business and Professions Code.
“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.
“Conversion” means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings.
“Day” means a calendar day unless otherwise specified.
“Department” means the community development department.
“Design” means:
1. Street alignments, grades, and widths;
2. Drainage, water, sewer, and sanitary facilities and utilities, including alignments and grades;
3. Location and size of all required easements and rights-of-way;
4. Fire roads and fire breaks;
5. Lot size and configuration;
6. Vehicular and bicycle traffic access;
7. Grading;
8. Land to be dedicated for park or recreational purposes; and
9. 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.
“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 alternations of the land and construction incident thereto.
“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 a private party.
“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.
“Final map” means a map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act and this chapter and designed to be filed for recordation in the office of the county recorder.
“General plan” means the general plan of the city of Lakeport, adopted July 20, 1992 ((Resolution 1738 (92)), and all amendments thereto.
“Government code” means the government code of the state of California.
“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, 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.
“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 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.
“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.
“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel.
“Parcel map” means a map showing subdivision of four or less parcels as required by the Subdivision Map Act and this chapter, prepared in accordance with the provisions of the Subdivision Map Act and this chapter, and designed to be filed for recordation in the office of the county recorder.
“Peripheral street” means a street whose right-of-way is contiguous to the exterior boundary of a subdivision.
“Private street” means any street, access way, 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.
“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 in the required map as part of the area surrounding the subdivision. A remainder of five 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.
“Standard engineering specifications” means those standard subdivision improvement plans and specifications as prepared and/or approved by the public works director.
“Stock cooperative” is defined as provided in Section 11003.2 of the Business and Professions Code.
“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.”
“Subdivision” means the division, by any subdivides or 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 five 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.
“Subdivision Map Act” means Government Code Sections 66410 et seq., inclusive.
“Tentative map” means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions around it. “Tentative map” shall include a tentative map prepared in connection with a parcel map pursuant to the provisions of Chapter 16.12, Subdivisions of Four or Less Parcels, of this title.
“Vesting tentative map” is defined as provided in Section 16.14.030. (Ord. 808 (part), 2001)
16.04.020 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 final maps. 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 planning commission approval, conditional approval, or denial of tentative maps and vesting tentative maps. Acceptance of dedications of land easements or improvements in conjunction with the recordation of subdivision maps.
C. Planning Commission. The planning commission’s responsibilities shall include:
1. Approval, conditional approval, or denial of the application for tentative map approval of subdivisions of five or more parcels;
2. The approval, conditional approval, or denial of tentative maps for subdivisions of four or less parcels;
3. The approval of lot line adjustments and voluntary mergers;
4. Determinations of violations of the provisions of the Subdivision Map Act of this title.
D. City Engineering Department. The city engineering department 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, parcel 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:
1. The intake and processing of land use applications for tentative maps;
2. Determining compliance with the provisions of this title and California Subdivision Map Act;
3. Assisting the city engineer in the processing of and certification of final maps and in determining that final maps are in substantial compliance with the approved tentative maps;
4. Environmental review and the development of mitigation measures and conditions of approval for subdivisions. (Ord. 830 §1(part), 2004; Ord. 808 (part), 2001)