Atascadero Municipal Code Ch. 2 Definitions

For the purposes of the regulations codified in this title, and to supplement the definitions in the Subdivision Map Act, the following words and phrases shall be construed as defined in this chapter.

(Ord. 370 § 2, 2000)

"Advisory agency" means the Community Development Director or Planning Commission, as the case may be, which recommends to the Council action on certain types of map applications.

(Ord. 370 § 2, 2000)

"Alley" means a public or private way which provides vehicular access to the side or rear of properties whose principal frontage is on a street.

(Ord. 370 § 2, 2000)

"Applicant" means the subdivider or authorized representative.

(Ord. 370 § 2, 2000)

"Average cross slope" means the ratio, expressed as a percentage, of the difference in elevation to the horizontal distance between two points on the perimeter of the area whose slope is being determined, with the line along which the slope is being measured running essentially perpendicular to the contours between the points.

(Ord. 370 § 2, 2000)

"City Council" means the City Council of the City of Atascadero which is the official body charged with hearing and making determinations with the respect to appeals of decisions of the Planning Commission as described in Section 11-1.10 of this title and the official body charged with final approval of all final maps and parcel maps with dedications and the acceptance, acceptance subject to improvement, or rejection without prejudice of all offers of dedication.

(Ord. 370 § 2, 2000)

"Community apartment" means an apartment development as defined in Section 11004 of the Business and Professions Code in which an undivided interest in real property is coupled with the right of exclusive occupancy of an apartment located within the property. For the purposes of these regulations, community apartments will be subject to the same requirements as condominiums, as defined in Section 1350 of the Civil Code.

(Ord. 370 § 2, 2000)

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a building on such real property. "Condominium" is more particularly defined in Section 1350 of the Civil Code.

(Ord. 370 § 2, 2000)

"Condominium conversion" means the conversion of existing dwelling units that have been approved for occupancy and cannot be sold individually into a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually; or the conversion of existing nonresidential space into a common interest development as defined in Civil Code Section 1351.

(Ord. 523 § 4, 2007; Ord. 370 § 2, 2000)

"Day" means calendar day. If the end of an interval specified in days falls on a weekend or holiday, the interval shall be deemed to end on the next business day.

(Ord. 370 § 2, 2000)

"Easement" means an interest allowing the use of the property of another, commonly for the purpose of installing and operating public drainage facilities, public utilities, public vehicular or pedestrian ways, bike paths, riding or biking trails, or other necessary uses or public facilities located outside of the street right-of-way.

(Ord. 370 § 2, 2000)

"Final map" means a map required to be filed with the County Recorder for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment as defined in Business and Professions Code Section 11004 containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units as defined in Business and Professions Code Section 11003.2, except as noted in Section 66426 of the Subdivision Map Act.

(Ord. 370 § 2, 2000)

"Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of a narrow portion of the flag lot extending out to the street.

(Ord. 370 § 2, 2000)

"Flood hazard" means a potential danger to life, property or natural resources due to storm water runoff or inundation, including deposition of silt and debris, erosion, or the presence of standing water.

(Ord. 370 § 2, 2000)

"Future street" means real property subject to a yet unaccepted offer of dedication, all or part of which may later be accepted for a street by Council resolution and without further action by the owner.

(Ord. 370 § 2, 2000)

"General Plan" means the adopted General Plan of the City of Atascadero.

(Ord. 370 § 2, 2000)

"Geologic hazard" means a condition in the earth's surface, either natural or artificially created, which is potentially hazardous to life, property or natural resources due to possible movement of rock or soil.

(Ord. 370 § 2, 2000)

"Lot" means a parcel of land which is identified by a distinct number or letter on a final map or parcel map recorded in the office of the County Recorder, or such parcel complying with approval requirements in effect when it was recorded or as noted in Section 66412.6 of the Subdivision Map Act.

(Ord. 370 § 2, 2000)

"Front lot line" means the line which separates the lot from the street. For a corner lot, the line at the shortest street frontage will be the front lot line, unless the latest tract deed restrictions specify another line.

(Ord. 370 § 2, 2000)

"Rear lot line" means the lot line opposite and most distant from the front lot line. In the case of an irregular or triangular lot, the rear lot line is a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of at least 10 feet.

(Ord. 370 § 2, 2000)

"Side lot line" means any lot line other than a front or rear lot line.

(Ord. 370 § 2, 2000)

"Parcel map" means a map required to be filed with the County Recorder for all divisions of real property into four or fewer parcels, or creation of four or fewer condominiums or a stock cooperative or community apartment project having four or fewer parcels or units, except as provided in Section 66426 of the Subdivision Map Act or in Section 11-3.03 of this title.

(Ord. 370 § 2, 2000)

"Path" means a way designed for use by pedestrians or bicycles and not designed or intended for use by motor vehicles.

(Ord. 370 § 2, 2000)

"Planning Commission" means the Planning Commission of the City of Atascadero which is the advisory agency charged with final approval of all parcel maps without dedications and the body charged with hearing and making determinations with the respect to appeals of decisions of the Community Development Department.

(Ord. 370 § 2, 2000)

"Private road easement" means an easement, recorded in the office of the County Recorder, granted to owners of property adjacent to the parcel covered by the easement, for access to the adjacent properties.

(Ord. 370 § 2, 2000)

"Reversion to acreage" means the combining of two or more recorded contiguous lots into a single parcel as discussed in Chapter 6, Article 1, of the Subdivision Map Act.

(Ord. 370 § 2, 2000)

"Right-of-way" means a parcel of land occupied or intended to be occupied by a street, path, railroad, electric transmission line, oil or gas pipeline, water main, sewer main, storm drain or similar utility or special use. Use of the term "right-of-way," distinguished from "easement," shall mean that the area dedicated to the special use shall be separate from adjoining lots and shall not be included in the area or dimensions of such lots. Rights-of-way intended for a use involving maintenance by a public agency shall be dedicated to public use by the owner of the parcel(s) on which the right-of-way is established.

(Ord. 370 § 2, 2000)

"Roadway" means that portion of a street or alley used or intended to accommodate the movement of vehicles.

(Ord. 370 § 2, 2000)

See Section 11-2.05 Average cross slope.

(Ord. 370 § 2, 2000)

"Specific plan" means a plan for a designated area of the City, based on the General Plan but containing more detailed regulations and programs, as provided in Section 65450, et seq., of the California Government Code.

(Ord. 370 § 2, 2000)

"Stock cooperative" means an apartment development as defined in Section 11003.2 of the Business and Professions Code in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment in the development. For the purposes of these regulations, stock cooperatives will be subject to the same requirements as condominiums, as defined in Section 1350 of the Civil Code.

(Ord. 370 § 2, 2000)

"Street" means any highway street, way, sidewalk or other public place in the incorporated territory of the City, either owned by the City, used by the public pursuant to prescriptive rights, or dedicated to the public for the purpose of travel by vehicles or pedestrians including colony roads. "Street" includes all, or any part of, the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for street purposes.

(Ord. 370 § 2, 2000)

"Street tree" means a tree in a public place, street, special easement or right-of-way adjoining a street.

(Ord. 370 § 2, 2000)

"Subdivider" means a person, firm, corporation, partnership or association which proposes to divide, causes to be divided, or divides real property for itself or for others, except employees or representatives of such persons or entities, acting in such capacity, are not subdividers.

(Ord. 370 § 2, 2000)

"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. 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 subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

(Ord. 370 § 2, 2000)

The "Subdivision Guidelines and Standards Manual" is a document designed to assist applicants in implementing the policies contained in the City's Subdivision Ordinance.

(Ord. 370 § 2, 2000)

"Subdivision Map Act" means the Subdivision Map Act of the State of California, Sections 66410 to 66499.58 of the Government Code of the State of California, and such revisions as may be made by the California legislature.

(Ord. 370 § 2, 2000)

"Subdivision standards" means the standards for design and construction of subdivisions adopted by resolution by the Council.

(Ord. 370 § 2, 2000)

"Substantial compliance" means the subdivision design shown on the final map is consistent with the intent of the approved tentative map, as determined by the Community Development Director and the City Engineer. In no cases shall the addition of lots be considered in "substantial compliance."

(Ord. 370 § 2, 2000)

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

(Ord. 370 § 2, 2000)

"Vesting tentative map" means a map which meets the requirements for a tentative map and the other requirements that are set forth in this title and the Subdivision Map Act, and which will provide certain statutorily vested rights to the subdivider.

(Ord. 370 § 2, 2000)