Chapter 16.27 — DEFINITIONS

The purpose of this chapter is to define terms used in this title and establish rules for the construction of the language to ensure a consistent interpretation of the requirements of this title. (Ord. 936 § 1, 1992)

In interpreting the various provisions of the title, the following rules of construction shall apply:

• A. The particular shall control the general.

• B. In case of conflict between the text and diagram, the text shall control.

• C. All references to departments, commissions, boards or other public agencies are to those of the city, unless otherwise indicated.

• D. All references to public officials are to those of the city, and include designated deputies of such officials, unless otherwise indicated.

• E. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

• F. The words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive.

• G. The present tense includes the past and future tenses, and the future tense includes the past.

• H. The singular number includes the plural, and the plural, the singular.

• I. Whenever a certain hour or time of day is specified in this title or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be Standard Time or Daylight Savings Time, whichever is current use in the city.

• J. Whenever this title requires consideration of distances, parking spaces or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the next highest whole number, when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5, except as otherwise noted in this title. In the case of the number of dwelling units (development permit or density bonus option), the numerical quantities which are fractions of whole numbers shall be rounded to the next lowest whole number in all such instances.

• (Ord. 936 § 1, 1992)

For the purposes of this title, the following words and phrases shall be defined as follows:

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City of Manteca, CA

MANTECA CODE

§ 16.27.030

§ 16.27.030

"Abut" means to physically touch, border upon or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road, street, highway, except a limited access major highway, canals, and railroads.

"Access, approved" means a means of vehicular access which conforms to all of the requirements of this title and which has been approved by the city council or its designee.

"Access, legal." See Access, approved.

"Access, off-site" means an easement for vehicular access located on land not owned by the subdivider and used to gain access to the property being subdivided.

"Access, on-site" means an easement for vehicular access located within the boundaries of or which border on the land division.

"Access, required" means access as required by any provision of this title as a condition of approval of a land division subject to this title.

"Access road" means a way or means of approach to provide vehicular ingress and egress to a property.

"Acre" means a measure of land containing forty-three thousand five hundred and sixty square feet.

"Advisory agency" means the community development director or his or her designated representative, for the purpose of parcel maps, parcel map waivers, and lot line adjustments.

"Aliquot" means the division or measurement of land into equal parts.

"Alley" means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

"Arterial" means a street or roadway fed by local and collector streets and which provides intracity circulation and connections to regional roadways and generally carries relatively heavy traffic volumes.

"Authorized representative" means any person who has been designated in writing by the subdivider as the person, firm or corporation to represent the subdivider.

"Bicycle trail" means a trail or path designated primarily for the use of bicycles.

"Block" means the area of land within a land division which is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the land division.

"Block length" means that distance as measured along rear property lines between intersecting streets.

"Bridge" means a crossing over a waterway, railway, freeway, or canyon.

"Building" means any permanent structure built or installed for the support, shelter or enclosure of persons, animals, chattel or property of any kind.

"Centerline, legal" means a line designated by official survey to be the center of a future or existing fully developed easement, street, road or highway, which may or may not coincide with the construction centerline.

"City" means the city of Manteca, California.

"City council" means the city council of the city.

"City engineer" means the city engineer of the city or designee.

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City of Manteca, CA

SUBDIVISIONS

§ 16.27.030

§ 16.27.030

"City official" means any employee of the city.

"Civil engineer" means the person, firm or corporation retained by a subdivider to process a land division or parcel map, and who shall be registered to practice civil engineering in the state.

"Collector" means a street or roadway fed by local streets and which provides local circulation options, connections to arterial streets, and generally carries moderate to light traffic volumes.

"Committee" means the development review committee of the city.

"Common area" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and which may include such complementary structures and improvements as are necessary and appropriate.

"Common property line" means a lot or parcel line shared by two or more properties.

"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 a space in a residential, industrial or commercial building on such real property.

"Construction" means design, acquisition of site or right-of-way, administration of construction contracts and actual construction.

"Contiguous" means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, contiguous properties shall include those properties separated by any road, street or highway, except a limited access major highway, canal and railroad, which in the reasonable discretion of the community development director can be developed as a single unit.

"Conversion" means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

Cul-de-sac. See Street, cul-de-sac.

"Dedication (or offer of dedication)" means a conveyance of or offer to convey land to some public use, especially streets, made by the owner.

"Density" means the number of dwelling units per specific area of land.

"Design" means (1) street alignments, grades and widths; (2) drainage 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) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific requirements in the plan and configuration of the entire land division as may be necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

"Standard plans and specifications" means the minimum acceptable standards of design, materials and methods required to be used in improvement of land divisions and other developments, as adopted and amended by the city council from time to time, in the manner provided by law.

"District attorney" means the district attorney of the County of San Joaquin or designee.

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City of Manteca, CA § 16.27.030

MANTECA CODE

"Dwelling unit" means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation.

"Easement" means a grant of one or more of the property rights by the owner to or for the use by the public, a corporation or another person or entity.

"Environmental document" means documents prepared under the California Environmental Quality Act, including initial studies, negative declarations, draft and final EIR5, documents prepared as substitutes for EIRs and negative declarations under a program certified pursuant to California Public Resources Code Section 21080.5, and documents prepared under National Environmental Policy Act and used by a state or local agency in the place of an initial study, negative declaration, or an EIR.

"Equestrian trail" means a trail path or right-of-way designed primarily for the riding of horses, but may also be designed as a hiking trail and excludes motorized vehicles.

"Fire chief" means the chief of the city fire department or designee.

"Fire protection facilities" means facilities including, but not limited to, water supply for fire fighting purposes, fuel breaks, emergency access roads, and an offer of dedication of a site for said facilities.

"Final map" means a map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act or this title, prepared in accordance with the provisions of this title and the Subdivision Map Act, and designed to be recorded in the office of the county recorder.

"Flood" or "flooding" means any general inundation of normally dry land from the overflow of tidal waters or from the unusual and rapid accumulation of runoff of surface waters from any source.

"Flood boundary floodway map (FBFM)" means an official map on which the Federal Insurance Administration, using their own information or information supplied by the city water agency, the department of planning, the State Reclamation Board, or other federal agencies, has delineated both the areas of flood hazard and the floodway.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special and historical flood hazards and the risk premium zones applicable to the city.

"Floodplain" means a land area adjoining a river, stream, natural watercourse or lake which is likely to be flooded, including alluvial cones, wherein streams may change their course.

"Floodway or designated floodway" means the channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot or increasing the velocity to greater than seven feet per second, whichever results in the widest floodway. The floodway is delineated on the flood boundary floodway map and the State Reclamation Board designated floodway map. Floodways are also delineated on the official zoning maps as floodplain primary (FPP) district.

thout cumulatively increasing the water surface elevation more than one foot or increasing the velocity to greater than seven feet per second, whichever results in the widest floodway. The floodway is delineated on the flood boundary floodway map and the State Reclamation Board designated floodway map. Floodways are also delineated on the official zoning maps as floodplain primary (FPP) district.

"Frontage road" means a street which is parallel and adjacent to an arterial, limited-access highway or freeway, and which is designed to provide access to abutting properties.

"Full-width street improvement" means a street improvement that includes provision of curb, gutter and sidewalk on the side of the street abutting the project area and curb and gutter on the

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City of Manteca, CA

SUBDIVISIONS

§ 16.27.030

§ 16.27.030

offside of the street.

"General plan" means the general plan of the city adopted by the city council pursuant to the California Government Code Section 65300 et seq.

"Improvement" means streets, storm drainage facilities, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the lot owners in the land division and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. Other specific improvements or type of improvements, the installation of which is necessary or convenient to insure conformity to, or implementation of, the general plan or any adopted specific plan. Improvements shall be constructed in accordance with the city standard plans and specifications.

"Land use" means a description of how land is used or proposed to be used.

"Land division" means the division 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 agriculture land for agricultural purposes.

"Local street" means a street or road, including access road, designed and constructed in accordance with the city standard plans and specifications, with a size or capacity only as needed for the general use of the lot owners in the land division and local neighborhood traffic needs.

"Lot" or "parcel" means a designated parcel, subdivision or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.

"Lot or parcel area, gross" means the horizontal area within the lot or parcel boundary lines and including the area to the centerline of abutting street or access road lying within the street or access road.

"Lot or parcel area, minimum" means the smallest lot or parcel area established by this title on which a use or structure may be located in a particular Zoning District.

"Lot or parcel area, net" means the horizontal area within the lot or parcel boundary lines and exclusive of the area contained within the street or access road and including only that area which is suitable for its intended purpose.

"Lot or parcel, corner" means a lot or parcel of land abutting upon two or more streets at their intersection or a lot abutting one street that forms an interior angle of less than one hundred thirty-five degrees. The frontage of a lot abutting one street that forms an interior angle of one hundred thirty-five degrees or more shall be considered the front yard of an interior lot.

"Lot or parcel depth" means the distance measured from the front lot line, or right-of-way (in the case of a flag lot) to the rear lot line.

"Lot, flag" means a lot with access provided to the bulk of the lot by means of a narrow corridor.

"Lot frontage" means the length of the front lot line measured at the street right-of-way.

"Lot, interior" means a lot abutting one street that forms an interior angle of one hundred thirtyfive degrees or more.

"Lot, key" means a lot whose side lot line is coincident with the rear lot line of an adjacent lot.

"Lot line adjustment" means a change in any lot line between two or more existing, adjacent parcels where land taken from one parcel is added to an adjacent parcel, and where a greater

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City of Manteca, CA § 16.27.030

MANTECA CODE

"Lot or parcel line" means a line of record that divides one lot or parcel from another lot or parcel or from a public or private street or any other public space.

"Lot or parcel line, front" means the property line dividing a lot or parcel from a street. On a corner lot, only one street line shall be considered as a front or parcel line and the shorter street frontage shall be considered the front lot or parcel line.

"Lot or parcel line, rear" means the lot or parcel line opposite and most distant from the front lot or parcel line; or in the case of triangular, an imaginary line ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot or parcel line.

"Lot or parcel line, side" means any lot or parcel line other than front lot or parcel line or rear lot or parcel line.

"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear.

"Lot, through" means a lot having frontage on two or more non-intersecting streets (also known as a double frontage lot).

"Lot width" means the distance measured parallel to the street between the side lot lines; in the event of a corner lot, the lesser dimension.

"Map" means a tentative subdivision map, tentative parcel map, final map or a parcel map, as indicated by the context.

"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this land division ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the ordinance.

"Obstruction" means any obstruction of whatever kind or nature, including but not limited to, structures, power poles, telephone and telegraphic poles, and appurtenances, pipelines, conduits, canals and easements which affect the intended and/or permitted use of a lot or parcel.

"Off-site" means located outside the lot in question.

"Official plan line" means the future right-of-way of any road or highway as adopted by resolution of the city council.

"Open space" means any parcel or area of land or water which is essentially unimproved and devoted to one or more of the following uses: Preservation of natural resources; outdoor recreation; or public health and safety.

Parcel. See Lot.

"Parcel map" means a map showing a division of land of four or less parcels (with specific exceptions) as required by the ordinance codified in this title, prepared in accordance with the provisions of this title and the Subdivision Map Act.

"Park" means public or private land used for active or passive recreation.

"Pedestrian way" means a walkway designed for use by pedestrians, which shall not be used by motor vehicles.

"Permit" means written governmental permission issued by an authorized official or city council empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

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City of Manteca, CA

SUBDIVISIONS

§ 16.27.030

§ 16.27.030

"Person" means any individual, firm, co-partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

"Community development director" means the community development director of the city or designee.

"Plot plan" means a plan graphically describing proposed and existing buildings, structures, lot lines and other required information submitted in conjunction with an application for discretionary or ministerial review and approval.

"Principal use" means the primary or predominant use of any lot or parcel.

"Property line" means a line of record that divides one lot or parcel from another lot or parcel or from a public or private street or any other public space.

"Public works department" means the public works department of the city.

"Remainder" means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the land division but must be shown on the required maps as part of the area surrounding land division development.

"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by: A road, crosswalk; pedestrian or bicycle path; railroad; electric transmission lines; oil or gas pipeline; water line; sanitary storm sewer; or other similar uses.

Road. See street.

"Sidewalk" means a paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Specific plan" means a plan prepared and adopted pursuant to Section 65450 et seq., of the California Government Code.

"Specific plan line" means the designated centerline of any road or highway as adopted by resolution of the city council from which the ultimate right-of-way is determined in accordance with the circulation element of the general plan.

"Start of construction" means the first placement of permanent construction on a site, such as the pouring of slabs or footings, or any site preparation work, including, but not limited to, leveling and grading.

"Stream" means a watercourse having a source and terminus, banks and channel through which waters flow at least periodically.

"Stream, major" means a stream with the following characteristics: runoff comes from a remote area which is relatively undeveloped; the natural watercourse has a recognizable channel or channels; and the natural watercourse has a drainage area of ten square miles or more; provided, however, that in any case where there is a pending or existing flood control study by the U.S. Army Corps of Engineers, the Soil Conservation Service, U.S. Department of Agriculture, or the state, the natural watercourse shall be deemed to be a major stream.

"Stream, minor" means a stream having a drainage area under ten square miles, including those streams in which the watershed is or will be largely urbanized.

"Street, cul-de-sac" means a street with a single common ingress and egress and with a

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City of Manteca, CA § 16.27.030

MANTECA CODE

"Street, future" means an area dedicated on the final map for use as a street at a future time, and which is not required to be improved by the subdivider. A future street shall not be considered as part of any lot in application of zoning or setback regulations. The form of dedication of a future street shall be such as to keep it free and clear of any permanent structure.

"Street, local" means a street designed to provide vehicular access to abutting property except in the case of double frontage lots.

"Street, looped" means a street which is intended to serve as direct or indirect access to residential lots, which begins and terminates in the same street or highway but not at the same location.

"Street, one-way" means a street which is intended to provide for the movement of vehicular traffic in one direction only.

"Street, public" means a street built to standards required and maintained by the city.

"Street, private" means a right-of-way owned and maintained by a person or persons and intended for access to their property.

"Street, stubbed" means an improved street which terminates at the boundary of a land division, and which is, or may be, necessary for the orderly development of an adjacent area at a future time.

"Structure" means an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Study map" means a map prepared in accordance with Chapter 16.07 of this title, in advance of the tentative subdivision map.

"Subdivider" means a person who proposes to divide, divides or causes to be divided real property into a land division for oneself or for others. Employees and consultants of persons acting in that capacity are not "subdividers."

"Subdivision Map Act" ("SMA" or "Map Act") means California Government Code Sections 66410 to 66499 as may be amended from time to time.

"Surveyor" means a licensed land surveyor or registered civil engineer licensed by the state to practice surveying.

"Tentative map" means a map made for the purpose of showing the design and improvements of a proposed land division and the existing conditions in and around it.

"Uniform Fire Code" means the Uniform Fire Code as adopted and amended by this code, or such like publication as may be adopted by the city council.

"Use" means the purpose or activity for which land or buildings are designed, arranged or intended, or for which either is or may be occupied or maintained.

"Watercourse" means a natural or man made, intermittent or perennial drainage channel which includes, but is not limited to, the terms river, tributary, stream or creek.

"Water purveyor" means any public utility, mutual water company or governmental body providing water for a land division.

"Yard" means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward,

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City of Manteca, CA

SUBDIVISIONS

§ 16.27.030

§ 16.27.030

except as may be specifically provided in the zoning ordinance.

"Zoning" means dividing of the city into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

"Zoning district" means a specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

"Zoning ordinance" means the zoning ordinance of the city.

(Ord. 936 § 1, 1992)

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City of Manteca, CA