Chapter 16.020 — DEFINITIONS

• A. Title. The provisions of this chapter shall be known as the "subdivision and land development ordinance definitions" of this title.

• B. Purpose. The purpose of these provisions is to promote understanding, consistency and precision in the interpretation of the subdivision and land development regulations.

• (Ord. 471 § 3, 1990)

• A. The meaning and construction of words and phrases as hereinafter set forth shall apply throughout this title, except where the context of such words or phrases clearly indicates a different meaning or construction.

• B. The definition of words and phrases used in this chapter is supplemental to those defined in the Map Act and whenever any words or phrases used in this chapter are not defined herein but are defined in the Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this chapter.

• (Ord. 471 § 3, 1990)

The following words or phrases shall have the meaning respectively ascribed to them:

"Alley" means a right-of-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.

"Bicycle Path" means a path, trail, route, way, or lane designated for use by bicycles and other nonmotorized vehicles. Public paths shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.

"Block" means an area of land entirely bounded by streets, highways or ways, railroads, or subdivision boundary, except alleys.

"City" means the city of Brentwood and any one or more public officials, bodies, commissions or agencies of the city having jurisdiction over the particular matter referred to.

"Commission" means the planning commission of the city of Brentwood.

"Community land trust" means a nonprofit corporation organized pursuant to Section501(c)(3) of the Internal Revenue Code that satisfies all of the following:

1. Has as its primary purposes the creation and maintenance of permanently affordable singlefamily or multifamily residences;

2. All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner's primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, "qualified owner" means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member

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City of Brentwood, CA § 16.020.030

SUBDIVISIONS AND LAND DEVELOPMENT

3. The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of ninetynine years.

"Community plan" means the community development plan of the city of Brentwood, including any precise or area plans or elements adopted as part thereof.

"Council" means the city council of the city of Brentwood.

"Design" means:

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

• Fire roads and firebreaks;

• Lot size and configuration;

• Traffic access;

• Grading;

• Land to be dedicated for park and recreational purposes;

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 community plan or any applicable specific plan.

• (Ord. 471 § 3, 1990; Ord. 1082, 1/28/2025)

"Developer" means a person, firm, corporation, partnership, or association who proposes to subdivide, divides, or causes to be divided real property into a subdivision for him or herself or for others. It shall also mean a person, firm, corporation, partnership or association proposing to construct or reconstruct any improvement on real property for which a building, sewer or water connection, encroachment, grading, or use permit is required.

"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 alteration of the land and construction incident thereto and the construction of new structures which require a city building or other permit, except for "minor improvements" as defined in Section 16.120.040A.

Distribution Facilities. Distribution facilities are hereby classified as those facilities which use at or below 21,000 KV lines for power. The facilities shall be those included, but not limited to: PG&E power lines, Cable TV lines.

Drainage Channel or Conduit, Major. "Major drainage channel or conduit" means a channel or conduit which serves a storm drainage area of four square miles or more.

Drainage Channel or Conduit, Secondary. "Secondary drainage channel or conduit" means a channel or conduit which serves a storm drainage area less than four square miles and more than

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City of Brentwood, CA § 16.020.040

BRENTWOOD CODE

Drainage Channel or Conduit, Minor. "Minor drainage channel or conduit" means a channel or conduit which serves a storm drainage area of one square mile or less.

"Dwelling unit" means any building or portion of a building or a mobile home or trailer having one or more rooms and only one kitchen or kitchenette and designed and/or used for occupancy by one family living as a housekeeping unit.

"Final map" means a map prepared in accordance with the provisions of this title and the Map Act which map is designed to be recorded in the office of the recorder of Contra Costa County.

"Flood control district" means the Contra Costa County Flood Control and Water Conservation District which serves the city in an advisory capacity relating to storm drainage and flood control issues and problems.

"Freeway" means as defined in the Streets and Highways Code of the state, a highway which because of its design and location in the state and county highway system, is or will be used primarily for fast, heavy or dense traffic, and which rights of access from abutting properties or streets along the right-of-way therefor will be prohibited or limited. (Ord. 471 § 3, 1990)

"Health department" means the health department of the county of Contra Costa, acting through the county health officer or his or her representative, and which shall advise the city concerning matters of sanitation and public health.

"Housing cooperative" means as defined in Section 817 of the Civil Code.

"Improvement" means:

1. 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, driveways, and easements, as is necessary for the general use of the lot owners in the subdivision and the general public needs as a condition precedent to the approval and acceptance of the final map thereof.

2. 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 community development plan or any applicable specific plan.

"Improvement plan" mean an engineering plan, prepared by a civil engineer licensed to practice in the state of California, 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.

"Map Act" means The Subdivision Map of the state of California (Title7 of the Government Code), as amended.

"Median" means the area or a structure separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway.

"Parcel map" means a map prepared in accordance with the requirements of this title and the Map Act, which map is designed to be recorded in the office of the county recorder, as required

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City of Brentwood, CA § 16.020.050

SUBDIVISIONS AND LAND DEVELOPMENT

"Pedestrian walkway" means a path, trail route, way or lane designated for pedestrian traffic only and not intended for use as a way for motor driven vehicles. Public walkways shall include only those for which rights-of-way are dedicated to and accepted by the city.

"Preliminary map" means a map acceptable to the planning director prepared 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.

"Public facilities" means all improvements installed to serve the public, including, but not limited to, water, sanitary sewer, storm drainage, street improvements, street trees, street lights, natural gas, electricity, telephone, parks and cable television.

"Qualified urban use" means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

"Standard plans and specifications" means specifications for construction materials, methods of construction, tests, design and construction standards and related conditions of the city of Brentwood. Such specifications shall be deemed to apply as though set forth in this title. (Ord. 471 § 3, 1990; Ord. 1082, 1/28/2025)

"Street" means a right-of-way, for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, freeway, arterial, expressway, avenue, boulevard, lane, place, court, terrace, circle, loop or way but not including trails, paths and alleys.

Street, Collector. "Collector street" means a street intermediate in function between residential streets and thoroughfares which, because of its location relative to other streets or traffic generators, carries or will carry traffic between residential and thoroughfare streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such neighborhood unit. Collector streets shall also serve industrial and commercial properties.

Street, Cul-de-sac. "Cul-de-sac street" means a minor street which connects to another street at one end only and is not intended for further extension.

Street, Frontage. "Frontage street" means a street auxiliary to and located adjacent to an arterial, thoroughfare or freeway which provides access to abutting property and adjacent areas and protection from through traffic on the adjacent streets.

Street, Residential. "Residential street" means a local residential 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.

Street, Stub. "Stub street" means a street which connects to another street at one end only and is intended for further extension.

Street, Thoroughfare. "Thoroughfare street" means a major street, road, highway or parkway either existing or proposed, of general city or county importance, and so designated in the circulation element of the community development plan.

"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 him or herself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

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City of Brentwood, CA § 16.020.060

BRENTWOOD CODE

§ 16.020.060

"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 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 under one ownership 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, 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 or a common interest development. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Substantially surrounded" means at least seventy-five percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

"Tentative map" means a map, prepared by or under direction of a land surveyor or civil engineer licensed to practice in the state of California, 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.

Tentative Map, Vesting. "Vesting tentative map" means a tentative map for a residential subdivision, as defined herein, that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with this title, and is thereafter processed in accordance with the provisions hereof.

For purposes of this title, "urban lot split" means a subdivision of an existing parcel into no more than two separate parcels of approximately equal size and meeting all the criteria and standards of Chapter 16.169 of this code.

For purposes of this title, "urban lot split map" means a parcel map, prepared by or under direction of a land surveyor or civil engineer licensed to practice in the state of California, for the purpose of showing the design of a proposed subdivision of a parcel using an urban lot split, the existing conditions in and around such subdivision, and other information as may be required. (Ord. 471 § 3, 1990; Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022; Ord. 1082, 1/28/2025)

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City of Brentwood, CA § 16.040.010

SUBDIVISIONS AND LAND DEVELOPMENT