Chapter 22.10
DEFINITIONS AND REFERENCES
Sections:
22.10.045 Certificate of compliance.
22.10.085 Map, final subdivision.
22.10.095 Map, street dedication.
22.10.100 Map, tentative parcel.
22.10.105 Map, tentative subdivision.
22.10.110 Notice of violation.
22.10.113 Planning Commission.
22.10.115 Public water supply.
22.10.135 Subdivision Map Act.
22.10.141 Designated tributary.
22.10.142 Vesting tentative map.
22.10.005 Incorporation.
Whenever any words or phrases as used in this title are not defined herein, but are defined in the Subdivision Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though fully set forth in this title. If any inconsistency between a definition set forth in this title and the Subdivision Map Act occurs, the definition in the Subdivision Map Act shall prevail. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.010 Code references.
Any reference to a section bearing numbers from 66410 through 66499.37 shall be to the Government Code relating to subdivisions. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.015 Generally.
The word “includes” shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.020 Access, approved.
“Approved access” means right of vehicular travel to a public street, as shown on the final subdivision map or final parcel map and as approved by the City Engineer. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.025 Access rights.
“Access rights” means the rights to vehicular and pedestrian entry onto a public street from private property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.030 Advisory agency.
“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority under this title to approve, conditionally approve or disapprove maps. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.035 Appeal board.
“Appeal board” means a designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.045 Certificate of compliance.
“Certificate of compliance” means a certificate recorded by the City which determines that the subdivision or real property complies with the provisions of the Subdivision Map Act and City of Elk Grove ordinances enacted pursuant thereto. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.050 City Engineer.
“City Engineer” means the City Engineer of the City of Elk Grove, or his or her designee. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016]
22.10.055 Dedication.
“Dedication” means the act of granting to a public agency the right to use a portion of real property for public purposes by the fee owner of the real property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.060 Design.
“Design” means:
A. Street alignments, grades and width;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof;
C. Location and size of all required easements and rights-of-way;
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; and
I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or an adopted specific plan of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.065 Director.
“Director” means the Public Works Director of the Public Works Department of the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.070 General Plan.
“General Plan” means the General Plan of the City of Elk Grove or any element, section or portion thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.075 Improvement.
A. “Improvement” refers to such 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, ways, 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 of acceptance of the final map thereof.
B. “Improvement” also refers to such 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 local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan, or an adopted specific plan, of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.080 Lot.
“Lot” means a parcel of land. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.085 Map, final subdivision.
“Final subdivision map” means a map prepared by a registered civil engineer or a licensed land surveyor and presented for recording, which conforms to an approved application for a tentative subdivision map and the Subdivision Map Act. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.090 Map, final parcel.
“Final parcel map” means a parcel map prepared by a registered civil engineer or licensed land surveyor and presented for recording, which conforms to an approved application of a tentative parcel map and the Subdivision Map Act. [Ord. 29-2011 §1, eff. 12-9-2011]
22.10.095 Map, street dedication.
“Street dedication map” means a map submitted for authorization to locate and construct streets in conformance with the General Plan and the improvement standards of the City of Elk Grove, including an approved improvement plan. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.100 Map, tentative parcel.
“Tentative parcel map” means a map presented to the advisory agency for approval of land divisions which require a parcel map. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.105 Map, tentative subdivision.
“Tentative subdivision map” means a map presented to the advisory agency for approval of land divisions which require a final subdivision map. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.110 Notice of violation.
“Notice of violation” means a certificate recorded by the City which determines that real property has been divided or has resulted from a division in violation of this title or the Subdivision Map Act. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.113 Planning Commission.
“Planning Commission” means the Planning Commission of the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.115 Public water supply.
“Public water supply” means a water supply provided by a local agency, publicly owned corporation, or approved utility company. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.120 Right-of-way.
“Right-of-way” means that portion of real property granted to the City to utilize said property for public street purposes. This grant includes the right for use by public utilities. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.123 Specific plan.
“Specific plan” means a specific plan, or any element or part thereof, adopted by the City Council pursuant to the provisions of the State Planning and Zoning Law, Title 7 of the Government Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.125 Street, public.
A street, highway, thoroughfare, road, avenue, boulevard, alley, lane, court, circle, drive, or way shall not be a public street until and unless the said street shall have been accepted into a street or road system maintained by a city, county, or the State. Streets and roads in public parks, public airports, public schools and similar public grounds shall not be construed to be public streets for the purpose of this title. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.130 Subdivision.
“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 City assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.
As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.135 Subdivision Map Act.
“Subdivision Map Act” means the Subdivision Map Act of the State and all amendments or additions thereto (Title 7, Division 2, Subdivisions, commencing with Section 66410, of the Government Code). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.140 Title.
“Title” means EGMC Title 22. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.141 Designated tributary.
“Designated tributary” means a stream which has a defined bed and channel which serves to give direction to continuously or periodically flowing water into a larger stream or lake. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.142 Vesting tentative map.
“Vesting tentative map” or “vesting map,” or “vesting tentative subdivision map” are synonymous and mean a form of tentative map which, when approved, confers a vested right to proceed, for a limited period of time, with development in substantial compliance with the ordinances, policies, and standards that were in effect at the time the application for a vesting map was determined to be complete, or at the time the application was approved (if EGMC Section 22.25.020(C) is operative). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.10.145 Zoning Code.
“Zoning Code” means EGMC Title 23. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]