Atherton Municipal Code Ch. 16.08 Definitions

Sections:

A. Except where alternate definitions are provided herein, or the context clearly requires a different usage, the definitions of words and phrases contained in the Subdivision Map Act are adopted for use in this title. As used in the Subdivision Map Act, the term “general plan” means the Atherton general plan, including all elements, objectives, policies, and programs thereof. Where conflicts exist, the definition contained in the Subdivision Map Act shall take precedence.

B. All references to any section of this code or general laws of the state shall mean those sections, as may be hereafter amended, or any successor legislation. References to any officer or employee of the town shall include any designee of that officer or employee.

C. Except where the context clearly requires a different usage, the definitions set out in Sections 16.08.010 through 16.08.250 are adopted for the purposes of this title. (Ord. 441 § 1, 1988)

“Alley” means a minor public way providing secondary access at the back or side of property. (Ord. 441 § 1, 1988)

“Certificate of compliance” means a document prepared and issued by the town and intended for recordation certifying that a parcel or parcels of property within the town are lots lawfully created and existing in compliance with this title and the Subdivision Map Act and are capable of use or sale without further proceedings under this title. (Ord. 441 § 1, 1988)

“Cross slope” means the average grade or slope of a parcel or area expressed as a percentage of vertical difference in elevation to the horizontal distance and determined by the cross slope formula in the lot size requirement section of this title. (Ord. 441 § 1, 1988)

“Design” means:

• A. Street alignments, grades and widths;

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

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

• D. Fire roads and firebreaks;

• E. Lot size and configuration;

• F. Traffic access;

• G. Grading;

• H. Land to be dedicated for park or recreational purposes; and

I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan required by the Subdivision Map Act. (Ord. 441 § 1, 1988)

“Final map” means a map, other than a parcel map, prepared in accordance with this title and the Subdivision Map Act, designed to be placed on record with the county recorder and thereby finalize a subdivision approved by a tentative map. A final map shall be prepared pursuant to and in conformance with the approved tentative map and shall be based upon an accurate and detailed survey of the property. Final maps shall be required for subdivisions creating five or more lots. (Ord. 441 § 1, 1988)

A. “Improvement” refers to such 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, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

B. “Improvement” also refers to such 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 or convenient to insure conformity to or implementation of the general plan required by the Subdivision Map Act. (Ord. 441 § 1, 1988)

“Lot” means a parcel of land consisting of a single lot of record, used or intended for use under town zoning regulations as one site for a use or group of uses. (Ord. 441 § 1, 1988)

“Lot line” means the boundary property line encompassing a lot. (Ord. 441 § 1, 1988)

“Lot line adjustment” means the minor adjustment of a lot line or lines between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally exists is not thereby created. (Ord. 441 § 1, 1988)

“Front lot line” means that boundary of a lot whose narrowest portion abuts a public street or access area in the case of a flag lot, except where a different front has been previously officially designated or recognized by the town. (Ord. 441 § 1, 1988)

“Rear Lot Line” means the lot line most nearly parallel to and most remote from the front property line. (Ord. 441 § 1, 1988)

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds or comparably specific manner, which has been so recorded and which by reason of that recordation constitutes a parcel of land lawfully created and existing in compliance with those provisions of law regulating the division of land. (Ord. 441 § 1, 1988)

“Map Act” means the California Subdivision Map Act. (Ord. 441 § 1, 1988)

“Owner” means the record owner of property or vendee under a contract of sale, or an agent of either of the foregoing with written consent to act on their behalf. Unless evidence is produced to the contrary, the record owner of property shall be deemed to be the owner as shown on the last equalized assessment roll. (Ord. 441 § 1, 1988)

“Parcel” means a lot. (See Section 16.08.070). (Ord. 441 § 1, 1988)

“Parcel map” means a map, other than a final map, prepared in accordance with this title and the Subdivision Map Act, designed to be placed on record with the county recorder and thereby finalized a subdivision approved by a tentative map. A parcel map shall be prepared pursuant to and in conformance with an approved tentative map and shall be based upon an accurate and detailed survey or the property or record data. Parcel maps shall be required for subdivisions creating four or fewer lots. (Ord. 441 § 1, 1988)

“Public utilities” means water, gas, sewer, electric, and communication lines and facilities. (Ord. 441 § 1, 1988)

“Reversion to acreage” means the dissolution of a previously approved and recorded subdivision. A reversion to acreage shall result in the merger of all lots created by the subdivision and reestablishment of the lot lines as they existed prior to the subdivision. Any modification of lot lines or merger of parcels comprising less than the whole of the parcel originally subdivided, or establishing any lot lines other than those existing prior to the subdivision, shall be deemed a new subdivision and not a reversion to acreage. (Ord. 441 § 1, 1988)

“Street” means an improved, travelled way providing the primary access to abutting property. (Ord. 441 § 1, 1988)

“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 for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” (Ord. 441 § 1, 1988)

“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 shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. (Ord. 441 § 1, 1988)

“Subdivision Map Act” means the Subdivision Map Act of the state as it presently exists or may hereafter be amended. (Ord. 441 § 1, 1988)

“Tentative map” means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. A tentative map need not be based upon an accurate or detailed final survey of the property. (Ord. 441 § 1, 1988)

“Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility. (Ord. 441 § 1, 1988)

“Vesting tentative map” means a tentative map for a residential subdivision, which meets the requirements of California Government Code Section 66452 and has been printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed. (Ord. 441 § 1, 1988)