Ceres Municipal Code Ch. 02 Definitions

As a supplement to the definition of terms contained in article 2 of chapter 1 of the Subdivision Map Act, which definitions are hereby incorporated in this title by reference, the following terms as used in this title shall have the meanings ascribed to them herein:

Alley means a public way, other than a street or highway, providing a secondary means of vehicular access to abutting property.

Approved access means access to a State highway, County road, or City street of not less than 40 feet in width, by a connecting access of not less than 30 feet in width; said connecting access being owned by the owner of the parcel or parcels to which it furnishes access or an irrevocable easement for the permanent use of such parcel or parcels.

Approving authority means the public body of the City which has final approval authority under this title for a specific action regulated by this title. A public body or official has final approval authority under this title even though its actions may be subject to appeal to the Commission or Council under the provisions of chapter 17.07, Appeals.

Building site means the same as "lot," as defined herein.

CEQA means the California Environmental Quality Act, California Public Resources Code section 21000 et seq.

Certificate of compliance means a certificate issued by the Director under the provisions of section 66499.35 of the Subdivision Map Act and section 17.18.040 which states that a particular division of land complies with either the requirements of the Subdivision Map Act or the applicable ordinances of the City which governed that division of land, or both, and which is recorded with the County Recorder of Stanislaus County.

City Engineer means the City Engineer of the City of Ceres or the duly authorized representative of said the City Engineer.

Clerk means the City Clerk of the City of Ceres or his or her designated representative.

Commission means the City Planning Commission.

Community apartment project means a type of common interest development which is defined in California Civil Code section 4105.

Conditional certificate of compliance means a certificate of compliance that states that a division of land affecting a parcel or lot does not comply with either the requirements of the Subdivision Map Act or the applicable ordinances of the City, or both, which governed that division and lists the conditions which must occur in order for the division to comply with such requirements.

Conditional use permit means a permit issued by the City under the provisions of the City zoning ordinance which authorizes specific uses of land subject to certain conditions stated in that permit.

Condominium project means a type of common interest development which is defined in California Civil Code section 4125.

Covenant for easement means a covenant created for the benefit of the City and others which is created, enforced and released as provided in chapter 17.18, Covenants for Easement.

Director means the Director of Community Development of the City of Ceres, or the duly authorized representative of said Director.

Dwelling unit means a group of rooms or a single room with kitchen facilities occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, irrespective of the age of the occupant or occupants.

EIR means an environmental impact report prepared pursuant to the requirements of CEQA.

Final map means a map showing a subdivision of five or more parcels for which a tentative map and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be filed for recordation in the office of the Stanislaus County Recorder.

Fire Marshal means the City Fire Chief, or designee, who oversees fire prevention activities in the City.

Finance Director means the Finance Director of the City of Ceres, or the duly authorized representative of said Director.

Fire protection means such fire hydrants and other protective measures as may be reasonably required by the Fire Marshal of the Fire Department for protection of life and property to be located within a subdivision.

Flag lot means a lot with narrow street frontage and a long driveway or strip of land connecting the street frontage portion of the lot with the buildable portion of the lot which is situated to the rear of another adjacent lot or lots.

Flood hazard means a hazard to land or improvements, in areas designated as having a flood hazard on the most current Flood Insurance Rate Map (FIRM) of the Federal Management Agency, due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

Freeway means a highway defined as a "freeway" in California Streets & Highway Code section 23.5.

Frontage road or service road means a street lying adjacent and approximately parallel to and separated from a freeway or other public street and which affords access to abutting property.

General Plan means the general plan of the City of Ceres, as the same may exist from time to time, including all updates and revisions thereto which are enacted after the enactment of this title by the Council.

Geological hazard means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

Inundation means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.

Lot means a parcel or portion of land separated from another parcel of portion of land or a parcel of land which is identified on a final map or a parcel map recorded in the office of the Stanislaus County Recorder with a separate and distinct number or letter.

Lot line adjustment means a division of land in conformance with the requirements of this title consisting of the elimination or relocation of an interior lot line between as few as two but not more than four adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

Manufactured home means a factory-built or manufactured home including mobile homes, as defined and permitted as such by the laws of the State of California.

Merger means the joining of two or more contiguous parcels of land under one ownership into one parcel.

Mobile home means the same as "manufactured home," but subject to the National Manufactured Housing Construction and Safety Act of 1974.

Mobile home lot means any area designated, designed or used for the occupancy of one mobile home on a temporary, semi-permanent or permanent basis.

Mobile home park means a parcel of land under one ownership which has been planned and improved; or on which two or more mobile home spaces are rented, leased or used, to accommodate mobile homes for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the space it occupies. The term "mobile home park" includes those accessory uses such as recreation rooms, storage facilities or other permanent structures commonly associated with mobile home parks.

Multiple-family dwelling unit means a building or portion thereof designed to be used in accordance with the laws of the State of California and the ordinances of the City for three or more attached dwelling units located in one or more structures on a single lot or parcel.

Negative declaration means a negative declaration prepared pursuant to the requirements of CEQA.

Owner means the individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided commence and maintain proceedings to subdivide the same.

Parcel map means a map showing a subdivision of four or fewer parcels, as required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the Stanislaus County Recorder.

Pedestrian-way means a public right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian-way may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic. A pedestrian-way may consist of a public easement over a parcel of land in private ownership or may consist of a separate parcel in public ownership.

Planned development means a subdivision consisting of one or more planned developments as said term is defined in California Business & Professions Code section 11003.

Post-approval subdivision modification means a request by a subdivider for modifications to or variances from the requirements or standards imposed by these subdivision regulations or for modifications to the conditions of approval imposed upon a subdivision, or both, which request is filed after the approval of the subdivision.

Preapproval subdivision modification means a request by a subdivider for modifications to or variance from the requirements or standards imposed by these subdivision regulations filed prior to the approval of the subdivision.

Private road easement means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the Stanislaus County Recorder.

Public way means any street, highway, alley, pedestrian-way, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which the public has a right of use.

Revised tentative map means a tentative map filed for approval under section 17.05.150 showing a revised arrangement of the streets, alleys, easements or lots or a modification of the boundary of property for which a tentative map has been previously approved.

Right-of-way means any public or private right-of-way and includes any area required for public use pursuant to any general plan or specific plan.

Roadway means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicles.

Shall is mandatory; may is permissive.

Specific plan shall have the meaning as it is defined and described in chapter 3 of the Planning and Zoning Law of the State of California.

Standard plans and specifications means the standard plans and standard specifications, as adopted by the City Council. Where the standard plans and standard specifications, as adopted by the City Council, does not govern, "standard plans and specifications" shall mean the latest edition of the standard plans and specifications, State of California, Department of Public Works, Division of Highways.

Stock cooperative apartment means a type of common interest development which is defined in California Civil Code section 4190.

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.

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 section 4125 of the Civil Code, a community apartment project, as defined in section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of section 4190 of the Civil Code.

Subdivision Map Act shall mean the Subdivision Map Act of the State of California, California Government Code section 66410 et seq., inclusive, as that Act currently provides or is subsequently amended to so provide.

Tentative map means a map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it. "Tentative map" shall include a tentative map for a subdivision of four or fewer parcels prepared in connection with a parcel map pursuant to the provisions of chapter 17.06, Parcel Maps.

Vesting tentative map shall mean a tentative map which shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed, in accordance with section 17.04.050, and is thereafter processed in accordance with these provisions.

Zoning ordinance means the zoning ordinance found in title 18 and all revisions thereto.

(Ord. No. 2020-1058, § 3, 3-23-2020)