Chapter 16.08


16.08.010    Adopted.

16.08.020    Definitions.

    Prior legislation: Ords. 82-1 and 86-07 and prior code § 9-3.

16.08.010 Adopted.

Whenever any words or phrases 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 set forth in this chapter. (Ord. 08-05 § 1, 2008)

16.08.020 Definitions.

The following words and phrases shall have the meanings respectively ascribed to them.

A. Definitions, “A.”

1. “Abutter’s rights” refers to certain rights of private property owners adjacent to public roads, such as the right of access to the road and the right to see and be seen from the road.

2.  “Access rights” means the permissions or privileges governing the place, means or way by which pedestrians and vehicles have usable ingress to and egress from a property or use.

3. “Alley” means a way intended primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and providing only secondary access to such property.

B. Definitions, “B.”

1. “Bicycle path” means a path, trail, route, or land designated for use by bicycles and other nonmotorized traffic.

2. “Block” means an area of land entirely bounded, or to be entirely bounded, by streets, highways or ways, railroads, or subdivision boundaries, except alleys.

C. Definitions, “C.”

1. “Condominium” means 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.

2. “Cul-de-sac” means a minor street which connects to another street at one end only.

D. Definitions, “D.”

1. “Developer” means a person, firm, corporation, partnership, or association who proposes to construct, or constructs, or causes to be constructed any development on or for any portion of any land proposed to be subdivided in accordance with this title, or on, or for, any land previously subdivided.

2. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

3. “Dwelling unit” means one or more rooms and a single kitchen area designed for occupancy by one family for living and sleeping purposes.

E. Definitions, “E.” None.

F. Definitions, “F.”

1. “Final map” means a map prepared in accordance with the provisions of this title and the Subdivision Map Act of the state, which map is designed to be recorded in the office of the recorder of the county.

2. “Freeway,” as defined in the Streets and Highways Code of the state, means a highway which, because of its design and relation to the state and county highway system, is or will be used primarily for fast, heavy, or dense traffic, and to which rights of access from abutting properties or streets along the right-of-way therefor will be prohibited or limited.

3. “Frontage road” means a street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to properties and protection from the through traffic on adjacent streets.

G. Definitions, “G.”

1. “General plan” means the general plan of the city, including any precise or area plans or elements adopted as part thereof.

H. Definitions, “H.”

1. “Health department” means the health department of the county, acting through the county health officer or his or her representative, which shall advise and act on behalf of the city concerning matters of sanitation and public health.

I. Definitions, “I.”

1. “Improvement plan” means an engineering plan, submitted by a civil engineer licensed to practice in the state, showing the design, sanitary sewers, water systems, grading, and earthwork, and all other development, appurtenant structures, and facilities and construction, including engineering calculations therefor, comprising on-site and off-site improvements required for a subdivision or site development.

2. “Improvements” means such street work and utilities, grading and earthwork, to be installed, or agreed to be installed, by the subdivider and/or developer 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 subdivisions or of the site and local neighborhood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map or parcel map of the subdivision, or, in the case of a site development, as a condition precedent to the issuance of any building permit. Improvements also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider and/or developer, by public agencies, by private utilities, by any other entity approved by the city council, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan.

J. Definitions, “J.” None.

K. Definitions, “K.” None.

L. Definitions, “L.” None.

M. Definitions, “M.”

1. “Major thoroughfares” means a street, road, highway, or parkway, either existing or proposed, of general city or county importance, and so designated in the circulation element of the general plan.

2. “Map Act” means the Subdivision Map Act of the state, Division 2 of Title 7 of the Government Code, commencing at Section 66410, as amended.

3. “Median” means the area separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway.

N. Definitions, “N.” None.

O. Definitions, “O.” None.

P. Definitions, “P.”

1. “Parcel map” means a map prepared in accordance with the requirements of this title and the Subdivision Map Act of the state, which map is designed to be recorded in the office of the county recorder, as required for subdivisions of less than five parcels, and as otherwise provided in said Act.

2. “Planning officer” means that officer of the city designated from time to time to perform the duties of review set forth in this title.

3. “Public facilities” means all improvements installed to serve the public, including, but not limited to cable television, cemeteries, churches, communication equipment, corporation yards, electricity substations, fire stations, hospitals, landscaping, parks, public utility distribution, schools, sanitary sewer, storm drainage, street improvements, street lights, telephone, and water facilities.

Q. Definitions, “Q.” None.

R. Definitions, “R.” None.

S. Definitions, “S.”

1. “Site development” means the development of any lot or parcel of land.

2. “Specifications” means specifications for construction materials, methods of construction, tests, design and construction standards, and related conditions of the city as adopted by ordinance or resolution of the city council. Such specifications shall be deemed to apply as though set forth in this title.

3. “Street” means a public or private thoroughfare 30 feet or more in width, other than an alley, which affords the principal means of access to abutting property.

4. Street, Arterial. “Arterial street” means any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.

5. Street, Collector. “Collector street” means any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.

6. Street, Minor. “Minor street” means a local residential, commercial, or industrial service street which serves or will serve local neighborhood traffic only, and which, because of its location relative to other streets and traffic generators, will not become a collector street or is a cul-de-sac not designed for future extension.

7. “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 himself or herself or for others.

8. “Subdivision” means the division of any improved or unimproved land, 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 Civil Code Section 1351, or 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. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.

9. “Subdivision guarantee” means a report from a title company certifying that the subdivider is the current property owner, and identifying all existing liens on the property.

T. Definitions, “T.”

1. “Tentative map” means a map, prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, for the purpose of showing the design of a proposed subdivision, the existing conditions in and around such subdivision, and other information as may be required.

U. Definitions, “U.” None.

V. Definitions, “V.”

1. “Vesting tentative map” means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Chapter 16.16 HMC.

W. Definitions, “W.”

1. “Walkway” means a way, path, or trail designed for pedestrian traffic and not intended for use as a way for motor-driven vehicles. Public walkways, paths, and trails shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.

2. “Warranty security” means a cash bond submitted by the subdivider to the city to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period.

3. “Wind energy conversion system (WECS)” means a machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.

X. Definitions, “X.” None.

Y. Definitions, “Y.” None.

Z. Definitions, “Z.” None. (Ord. 08-05 § 1, 2008)