Chapter 16.08 — DEFINITIONS

The definitions in this chapter apply to the provisions of this title only and do not affect other titles of this code. (`83 Code, § 16.08.010) (Ord. 82-19 § 1 (part), 1982)

When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; words in any gender include the others; the word “shall” is mandatory; and the word “may” is permissive.

(`83 Code, § 16.08.020) (Ord. 82-19 § 1 (part), 1982)

ACCESS LANE shall mean a lane on a local dedicated street, service road, alley or any other way providing access for motor or other vehicles to abutting property.

(`83 Code, § 16.08.030) (Ord. 82-19 § 1 (part), 1982)

APPROVED shall mean “approved by the City Council of the city” unless otherwise specified. (`83 Code, § 16.08.040) (Ord. 82-19 § 1 (part), 1982)

BUILDING SETBACK LINE shall be established as the minimum distance between the property line of a lot or building site and/or street centerline of a dedicated street, private street and/or way approved by the Commission, and the closest point on any building or structure, exclusive of those architectural features permitted to extend thereinto, built or to be built on said lot or building site. The building setback line shall conform with and be not less than that required for lots in each land use zone in Title 17.

(`83 Code, § 16.08.050) (Ord. 82-19 § 1 (part), 1982)

CITY ENGINEER shall mean the City Engineer of the city. (`83 Code, § 16.08.060) (Ord. 82-19 § 1 (part), 1982)

COLLECTOR STREETS shall mean those routes whose primary purpose is to collect local traffic. (`83 Code, § 16.08.070) (Ord. 82-19 § 1 (part), 1982)

COMMISSION shall mean the city Planning Commission of the city.

(`83 Code, § 16.08.080) (Ord. 82-19 § 1 (part), 1982)

COMMON DRIVEWAY shall mean a permanent private easement providing access to two or three lots in the RE Residential Estate and Residential Foothill zones. Approval of common driveways shall require a conditional use permit and the Planning Commission must find that their use creates a more desirable living environment and better utilization of the site. The driveway shall be 15 to 20 feet wide, paved concrete with adequate drainage control. Maintenance shall be provided through recorded conditions, covenants and restrictions.

(`83 Code, § 16.08.085) (Ord. 88-26 § 1 (part), 1988; Ord. 91-05 § 3 (part), 1991)

(A) DEDICATED STREET shall mean a public thoroughfare or right-of-way dedicated or deeded to the city for road purposes, and formally accepted as such by the city or condemned for use as such, other than an alley which affords the principal means of access to abutting property, including avenues, places, ways, drives, lanes, boulevards, highways, roads and any other thoroughfare except as excluded in this section.

(B) Nothing in this section shall preclude or stop the city from claiming a dedication for public use, but no dedication for public use may be asserted against the city if the city does not elect to accept or treat the street or road as dedicated.

(`83 Code, § 16.08.090) (Ord. 82-19 § 1 (part), 1982)

DIVIDING STRIP shall mean a separation between opposite directional flows of traffic. It may also be a separation between the traffic lanes on a traffic street or highway and the parallel service street which provides access to property nominally fronting on the traffic ways.

(`83 Code, § 16.08.100) (Ord. 82-19 § 1 (part), 1982)

DOUBLE FRONTAGE shall mean a lot having frontage on two parallel or nearly parallel dedicated streets and having the right of access to both of said streets.

(`83 Code, § 16.08.110) (Ord. 82-19 § 1 (part), 1982)

EXISTING LOT OR BUILDING SITE shall mean any separate parcel of land, shown as such on the last assessment roll of the county, prior to the effective date of said title, regardless of size, shape or area. (`83 Code, § 16.08.120) (Ord. 82-19 § 1 (part), 1982)

GENERAL PLAN shall mean the long-range, comprehensive, general plan for the orderly development of the city, adopted by the Planning Commission and/or the City Council, which plan may include all of the elements listed in §§ 65463 to 65474, inclusive, of the State Conservation and Planning Act.

(`83 Code, § 16.08.130) (Ord. 82-19 § 1 (part), 1982)

HILLSIDE STREET shall mean a dedicated roadway providing access to 4 to 12 lots in the Residential-Foothill and Residential Estate zones. Approval of hillside streets shall require a conditional use permit and the Planning Commission must find that its use creates a more desirable living environment and better utilization of the site. Hillside streets cannot exceed 1,000 feet unless secondary access is provided. The use of hillside streets versus a standard street shall be determined by the Public Works Director. Any hillside street with a right-of-way of less than 40 feet shall require City Council approval.

(`83 Code, § 16.08.135) (Ord. 88-26 § 1 (part), 1988; Ord. 91-05 § 3, 1991)

LIMITED ACCESSWAY shall mean a street or highway, the right of access to which is regulated to certain designated places for the purpose of increasing safety and the rate of traffic flow. (`83 Code, § 16.08.140) (Ord. 82-19 § 1 (part), 1982)

LOCAL STREET shall mean a street or highway, the right of access to which is regulated to certain designated places for the purpose of increasing safety and the rate of traffic flow.

(`83 Code, § 16.08.150) (Ord. 82-19 § 1 (part), 1982)

MAJOR HIGHWAY shall be an intercity traffic route so designated on the general plan. It may be part of the federal aid system, the state highway system, and/or the county highway system.

(`83 Code, § 16.08.160) (Ord. 82-19 § 1 (part), 1982)

MAJOR TRAFFIC STREET shall be an intracity highway which serves as an important internal distributor of local traffic, the principal terminals being within the city, but not necessarily limited to such. (`83 Code, § 16.08.170) (Ord. 82-19 § 1 (part), 1982)

MAP ACT shall mean the Subdivision Map Act as set forth in Cal. Gov't Code Title 7, Division 2 (commencing with § 66410).

(`83 Code, § 16.08.180) (Ord. 82-19 § 1 (part), 1982)

MARGINAL STRIP shall mean a planted area at the outside edges of a street or highway. Such strips are for the purpose of providing a buffer between the traffic way and the abutting property. (`83 Code, § 16.08.190) (Ord. 82-19 § 1 (part), 1982)

OWNER shall mean the individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land.

(`83 Code, § 16.08.200) (Ord. 82-19 § 1 (part), 1982)

PARKING LANE shall mean a lane used or intended to be used for the parking of motor vehicles, such lane being part of the dedicated street.

(`83 Code, § 16.08.210) (Ord. 82-19 § 1 (part), 1982)

PRE-EXISTING PRIVATE WAY shall mean a permanent private roadway easement, recorded as such with the Recorder of the County prior to January 1, 1989 and continually maintained as a roadway. No new roadways shall be given this designation. A conditional use permit shall be required when an unimproved lot of record to be served from a pre-existing private way becomes improved with a residence, or when a new lot is created that takes primary or secondary access from a pre-existing private way (up to maximum of five total lots, new and existing, when a new lot is created), or when a lot line adjustment shifts the accessibility of a parcel or lot to a PRE-EXISTING PRIVATE

WAY . The Planning Commission must find that its use creates a more desirable living environment and better utilization of the site. PRE-EXISTING PRIVATE WAYS shall be maintained with a minimum 16-foot paved width on a minimum 24 foot wide right- of-way, and shall be reconstructed or repaired to the satisfaction of the City Engineer, with adequate drainage control, from the entrance onto the easement to the furthest point of the newly improved parcel. Fire safety considerations, including, but not limited to fire plugs, fire truck accessibility and maneuvering, shall be included in a determination as to the safe length for improvements taking access from a private way. (`83 Code, § 16.08.220) (Ord. 91-17 § 3, 1991)

PRIVATE STREET shall mean a parcel of land not dedicated as a public street over which a private easement for road purposes has been granted to the owners of property receiving access there from and the instrument creating same has been duly recorded or filed in the office of the Recorder of the County. The design standards for a private street shall be the same as for a public street. An assessment district or conditions, covenants and restrictions shall be required to maintain private streets. Appropriate mechanism to be determined by the city. (`83 Code, § 16.08.230) (Ord. 82-19 § 1 (part), 1982; Ord. 88-26 § 1 (part), 1988)

PRIVATE STREET SUBDIVISION shall mean any land, improved or unimproved, or portions thereof, shown as a unit or contiguous unit on the last roll preceding the effective date of this title, which is divided for purpose of sale or lease, either immediate or future, into two or more parcels, lots or building sites within any one-year period, which shall include a private street serving any or all such parcels, lots or building sites. (`83 Code, § 16.08.240) (Ord. 82-19 § 1 (part), 1982)

RECORD OF SURVEY shall have the same meaning as provided in any applicable state law, except that records of survey for purposes other than those of subdivision which, by law, do not require approval by the Council or

endorsement by that body, shall be excluded from the provisions of this title dealing with records of survey. Such records of survey shall be processed as required by law.

(`83 Code, § 16.08.250) (Ord. 82-19 § 1 (part), 1982)

SERVICE ROADS or OUTER HIGHWAYS shall mean those streets which parallel freeways or important traffic routes, providing for access to abutting property.

(`83 Code, § 16.08.260) (Ord. 82-19 § 1 (part), 1982)

SUBDIVIDER shall mean a person, firm, corporation, partnership or association who causes land to be divided into two or more parcels, lots or building sited for himself or for others, whether for sale or not, either at present or in the future.

(`83 Code, § 16.08.270) (Ord. 82-19 § 1 (part), 1982)

SUBDIVISION shall mean any land, improved or unimproved, or portions thereof shown as a unit or contiguous units on the last assessment roll preceding the effective date of this title which is divided for purposes of sale or lease, either immediate or future, into two or more parcels, lots or building sites within any one-year period. (`83 Code, § 16.08.280) (Ord. 82-19 § 1 (part), 1982)

TRAFFIC LANE shall mean any lane on any street or highway used or intended for use by moving motor vehicles. (`83 Code, § 16.08.290) (Ord. 82-19 § 1 (part), 1982)

TRUCK ROUTES shall be those highways or major traffic streets which are specifically designated by the city for use by truck traffic.

(`83 Code, § 16.08.300) (Ord. 82-19 § 1 (part), 1982)