Chapter 17.10
DEFINITIONS

Sections:

17.10.010    General.

17.10.020    Definitions.

17.10.010 General.

A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural and those in the plural number include the singular.

B. The words “shall” and “will” are imperative, the words “can” and “may” are permissive. [Ord. 96-8 § 2; Code 1990 § 13.2.01.]

17.10.020 Definitions.

For the purposes of carrying out the intent of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Abutting” and “adjoining” shall mean having distinct boundaries or lot lines in common.

“Access rights” shall mean the right, claim, title or privilege of access, by pedestrians or vehicles, to a public road or way.

“Access road” shall mean a graded road with such improvements and of such width as required in Chapter 17.15 CMC, which provides access from a division of land to an existing maintained street or highway.

“Acreage (gross)” shall mean the total fee ownership of a parcel of land area, including any easements, but excluding any existing offers of dedication, dedications or rights-of-way. Gross acreage for lots larger than one-half acre in size shall be calculated to the centerline of adjacent streets, including offers of dedication.

“Acreage (net)” shall mean the land area which remains after dedication of ultimate rights-of-way for (A) exterior boundary streets, (B) flood control rights-of-way, and/or (C) public parks developed to meet minimum standards. Major utility easements and rights-of-way may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the minimum park land requirements.

“Alley” shall mean a secondary means of access to property, generally located at the rear or side of the property.

“Approved access” shall mean one of the following:

A. A dedicated right-of-way for access purposes.

B. An offer to dedicate to the city or its predecessor in interest the county a right-of-way of a width established by the city, the Calimesa general plan, or any adopted specific plan or highway right-of-way standards and a strip of land at least 12 feet in width which expressly grants to the owner of the subdivision or development and any successors in interest the right to use the right-of-way without limit as to the quantity of vehicular traffic from each lot or use created by the owners or successors in interest to improve roadways in the city road system, both of which abut or connect to a publicly maintained roadway or connect to existing traveled roads where a prescriptive right by user has been established for public use.

C. An offer to dedicate to the city or its predecessor in interest the county, and to the public in general, an easement for public road, highway and public utility purposes, of a width established as adequate for such purpose by the city. The offer to dedicate to the public in general can be accepted by public use, but the easement of road construction thereon shall not become a city roadway until and unless the city council, by appropriate discretionary action, has caused said roadway to be accepted into the city road system.

“Area (lot, parcel or site)” shall mean the horizontal area within the property lines, excluding area to be included in future street right-of-way as established by dedication.

“Arterial” shall mean a highway intended to serve through traffic, where access rights are restricted and intersections with other streets or highways may be limited.

“Base flood” shall mean the flood having a one percent chance of being equaled or exceeded in any given year; this is sometimes referred to as a 100-year flood.

“Bicycle way” shall mean an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

“Bridge” shall mean the construction of or addition to a bridge identified in the transportation element of the general plan or that is part of a major thoroughfare and spans a waterway, railway, freeway or canyon.

“Building site” shall mean a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

“City” shall mean the city of Calimesa, California.

“City council” shall mean the city council of the city.

“City engineer” shall mean the city engineer of the city.

“Collector street” shall mean a street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed 660 feet in length when so used. Minimum right-of-way width shall be 66 feet.

“Commission” shall mean the planning commission of the city.

“Community facilities district” shall mean a community facilities district which has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.

“Comprehensive general plan” shall mean the general plan of the city of Calimesa, including all elements thereof, as adopted and subsequently amended by the city.

“Construction (start of)” shall mean the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

“Contiguous parcels” shall mean adjacent parcels of land, which shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.

“Council” shall mean the city council of the city.

“County” shall mean the county of Riverside, California.

“County assessor” shall mean the county assessor of the county.

“County recorder” shall mean the county recorder of the county.

“Cul-de-sac street” shall mean a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

“Development” shall mean 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.

“Edge of a right-of-way” shall mean a measurement from the limit of the public right-of-way measured along a line equidistant from and parallel to the centerline of the freeway or highway.

“Environmental constraint note” shall mean any note or notes required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving (but not limited to) any of the following are conditioned by the planning commission or city council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability or sewage disposal and signalization mitigation.

“Environmental constraint sheet” shall mean a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, and labeled “environmental constraint sheet” in the top margin. Applicable items will be shown under a heading labeled “environmental constraint notes.” The environmental constraint sheet shall contain the following, or a similar statement:

The Environmental Constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.

“Environmental impact report (EIR)” shall mean a report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. This term is synonymous with an environmental impact statement (EIS) as defined in federal law.

“Feasible” shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

“Fire hydrant” shall mean an appliance meeting city of Calimesa standards and approved by the water purveyor and fire department having jurisdiction, which has the suppression of fires as its primary function.

“Flood” or “flooding” shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waves; or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

“Flood boundary and floodway map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

“Flood hazard area” shall mean an area having special flood, mud slide (i.e., mud flow) and/or flood-related erosion hazards, as shown on a sectional district map, flood insurance rate map (FIRM) or flood boundary and floodway map.

“Flood insurance rate map (FIRM)” and “flood boundary and floodway map” shall mean the official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

“Floodplain” shall mean the land area adjacent to a watercourse and/or other land areas susceptible to being inundated by water from any source (see definition of “flood” or “flooding.”)

“Floodplain management” shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

“Floodplain management regulations” shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power.

The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“Floodproofing” shall mean any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

“Flood-related erosion” shall mean the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water unanticipated force of nature, such as a flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

“Floodway” shall mean the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the design flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the floodplain.

“Freeway” shall mean a divided arterial highway for through traffic with full control of access and with grade separations at intersections.

“Frontage road” shall mean a minor street which is parallel to and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.

“Frontage (street or highway)” shall mean that portion of a lot or parcel of land which borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway.

“General plan” shall mean the city of Calimesa general plan, as adopted and subsequently amended.

“Grade (existing)” shall mean the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.

“Green way” shall mean a strip of land dedicated to the city, homeowners’ association or other conservation and maintenance agency that is landscaped and maintained to provide a buffer to a development from a highway or public right-of-way.

“Highest adjacent grade” shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Highway” shall mean roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

“Improvement” shall mean such street work and utilities to be installed or agreed to be installed by the subdivider or developer on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the parcel owners and local neighborhood traffic; and drainage and flood control needs as a condition of approval precedent to the approval and acceptance of a final map or issuance of a certificate of occupancy. “Improvement” also refers to such other specific improvements or types of improvements, the installation of which, whether by the subdivider or developer, by private or public utilities, or by any other entity approved by the city, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.

“Improvement standards” shall mean the standards for improvements set forth in this and other regulations related to the development of land within the city.

“Land project” shall mean a subdivision as defined in Section 11000.5 of the Business and Professions Code.

“Lot” shall mean a site or parcel of land under one ownership having frontage upon a street, other than an alley, or a private easement determined by the director of public works to be adequate for purposes of access. The site or parcel of land shall be legally subdivided, resubdivided, or combined.

“Lot area” shall mean the net horizontal area within boundary lot lines after dedication.

“Lot line adjustment” shall mean a minor alteration to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this chapter applicable to subdivisions and resubdivisions do not apply.

“Mean sea level” shall mean, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

“Minor change” shall mean a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment, width or grade, grading proposals, or other elements that do not change the basic design or improvements required in the approved tentative map and conditions thereof.

“Municipal code” or “code” shall mean the Calimesa Municipal Code.

“Occupancy of record” shall mean identification of the property owner recorded in the office of the county recorder of Riverside County.

“One-hundred-year flood” or “100-year flood” shall mean a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this title.

“Person” shall mean any individual, firm, association, corporation, organization, partnership; any city, county, district, state; or any department or agency thereof.

“Preexisting” shall mean in existence prior to the effective date of the ordinance enacting this title.

“Preservation” shall mean the identification, study, protection, restoration, rehabilitation or acquisition of cultural resources.

“Public access” shall mean:

A. A dedication to public use or to the city and constructed to the required width for road purposes.

B. A permanent written easement for road purposes to the required width from the state or federal government.

C. An access road as defined in this chapter that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the city engineer.

“Recorder” shall mean the recorder of Riverside County.

“Riverine” shall mean relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

“Site” shall mean a lot or group of contiguous lots not divided by an alley, street, other right-of-way or city limit that is proposed for development in accord with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.

“Specific plan” shall mean a plan as defined in California Government Code Section 65450.

“State Geologist” shall mean the individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

“Storm, 100-year frequency” shall mean a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100-year period, or that, having occurred once, it will not occur again for 100 years. It may occur several times in a 100-year period, but over a sufficient length of time the average is expected to be once in 100 years.

“Street,” “highway,” or “public right-of-way” shall mean a public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement providing the primary roadway to and egress from the property abutting thereon.

“Street (private)” shall mean a private reciprocal easement providing the primary roadway to and egress from the property abutting thereon.

“Subdivider” shall mean a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not a “subdivider.”

“Subdivision” shall mean the division, by any subdivider, of any unit or unity 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 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 or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.

“Subdivision design” shall mean:

A. Street alignments, grades and widths;

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 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.

“Subdivision improvement” shall mean:

A. Any 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 and acceptance of the final map thereof; and

B. Any 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 to ensure consistency with, or implementation of, the general plan, Subdivision Map Act, Government Code Section 66410 et seq., or any applicable specific plan.

“Substantial change” shall mean a revision to an adopted or proposed application or permit which would increase the intensity of site use or project-related traffic, increase the environmental impacts of the development, require a modification of approval findings, or modify conditions of approval specifically imposed by the approving body.

“Tentative map” and “vesting tentative map” shall mean:

A. “Tentative map” refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

B. “Vesting tentative map” refers to a map which meets the requirements of CMC 17.50.050.

“Tentative map, revised” shall mean a modification of an approved tentative map wherein the design of the subdivision is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

“Traffic-calming devices” shall mean chicane/staggering, gateway/threshold, narrowing/throttle, speed table/plateau and neck down/choker which are used in roadway designs to slow the flow of traffic. [Ord. 96-8 § 2; Code 1990 § 13.2.02.]