Chowchilla Municipal Code Ch. 17.98 Definition of Terms

The definitions and meanings of the words and phrases, which are defined in the Subdivision Map Act, are used in this title as defined in this chapter, unless from the context hereof it clearly appears that a different meaning is intended. "May" indicates an action which is permissive and "shall" indicates an action which is mandatory. All words in the singular shall include the plural, the plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Abut" means to be contiguous to and in actual contact along a common line.

"Access road" means a road which connects a subdivision to a public road.

"Alley" means a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.

"Applicant" means the property owner or his/her authorized agent or contractor who is requesting approval of a project.

"Approved" means approved by the council or by the department having jurisdiction on such matters, unless otherwise specified.

"Approved private road" means a strip of land approved by the council for road purposes, which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

"Arterial," "collector," "local collector" and "local" mean a road designated as such in the circulation element of the general plan of the city, adopted by the council.

"Building official" means the building official of the city of Chowchilla, or his/her designee.

"Building setback area, front" means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area.

"Building setback area, rear" means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.

"City" means the city of Chowchilla, California.

"City engineer" means the city engineer of the city of Chowchilla, or his/her designee.

"Clerk" means the city clerk for the city of Chowchilla, or his/her designee.

"Commission" means the city planning commission.

"Community apartment" means an undivided interest in common in the land coupled with the right of exclusive occupancy of an apartment unit which is part of a community apartment project.

"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 space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store.

"Council" mean the city council of the city of Chowchilla.

"County recorder" means the county recorder of the county of Madera.

"Cul-de-sac" means a road which terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

"Dead-end road" (stub road) means a road which is terminated at the boundary line of the subdivision, but which will be required to be extended at a later date to provide access to abutting land.

"Dedicated road" means a right-of-way dedicated to the city for road purposes, and legally accepted as such by the city.

"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 recreation purposes;

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 or adopted specific plans.

"Director" means the community and economic development director of the city of Chowchilla, or his/her designee.

"Dividing strip" means a separation between opposite directional flows of traffic. It may also serve to separate a road or highway from the parallel frontage road which provides access to property.

"Double frontage lot" (or through lot) means a lot having frontage on two roads and having the right of access to both of those roads, but excluding corner lots.

"Easement for public road" means a right-of-way offered to the city for road purposes by a division of land. Upon acceptance by the city, it is deemed a city road.

"Existing lot or building site" means a designated lot or contiguous lots on a lawfully established subdivision map or record of survey so existing upon the effective date of the ordinance codified in this title, or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title, or such a lot or separate parcel of land thereafter lawfully created.

"Expressway" means a highway for through traffic with full or partial control of access and generally with intersections at grade.

"Final map" is the official map which is recorded by the county recorder indicating the divisions of land within the subdivision. It shall conform with the requirements of Chapter 17.36.

"Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

"Frontage" means that portion of a parcel of property which abuts on a public or approved private road.

"Frontage road" (service road or outer highway) means those roads which parallel freeways, expressways, highways or other major streets, providing for access to abutting property or for circulation, and which are separated from the highway or street by a dividing strip.

"General plan" means a document adopted by the city council containing statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the city of Chowchilla.

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 or parcel map.

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 council, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan, or any approved specific plan.

"Improvement plans" means the plans, profiles, cross sections, and specifications of all proposed improvements, including the information required by Section 17.32.230.

"Improvement standards" means the same as standard specifications, as set forth in Section 17.08.500.

"Local road" means any public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

"Lot" means:

A. A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the county recorder; or

B. A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the county recorder and, if required by Title 18 of this code, abutting at least one public road or approved private road.

"Lot line" means any line bounding a lot as herein defined.

"Map Act" means the Subdivision Map Act as set forth in Title 7, Division 2, Government Code of the state of California.

"Master plan" means the same as general plan, as set forth in Section 17.08.290.

"Nonaccess line" means a line delineated on a subdivision map, or described in a deed, which is for the purpose of prohibiting access.

"Outlot" means a lot designated alphabetically on the subdivision map for specific use or nonuse.

"Parcel map" means a map prepared for acceptance by the city and the county recorder in accordance with an approved tentative parcel map as provided for in Chapter 17.28 and state laws.

"Person" means person, firm, corporation, or organization.

"Plan line" means a precise location for a future street right-of-way as shown on a specific plan.

"Planning commission" means the planning commission of the city of Chowchilla, duly appointed in accordance with Section 2.24.020 of the Chowchilla Municipal Code.

"Private road" means the same as approved private road.

"Public road" means any state highway, county or city street, avenue, highway, or road system of the public agency having jurisdiction thereof or to be included within the maintained road system by agreement between the agencies and the subdivider.

"Restricted access strip" means a strip of land not less than one foot in width for the purpose of regulating access to part-width and dead-end roads until such time as such roads may be completed or extended.

"Secretary of the planning commission" means the secretary of the planning commission of the city, duly appointed by the council, and includes staff designated or assigned to the review of subdivision maps.

"Specific plan" (precise plan) means a plan for a specific area designated by the council, including all detailed regulations, conditions, programs, and proposed legislation which shall be necessary or convenient for the systematic implementation of each element of the general plan.

"Standard specifications" means the design and improvement requirements established by the council applicable at the time of approval of a tentative subdivision map or tentative parcel map and as set forth in the city standard specifications manual or any amendments thereto.

"Stub road" (dead-end road) means a road which is terminated at the boundary line of the subdivision, but which will be required to be extended at a later date to provide access to abutting land.

"Subdivider" means a person, firm, corporation, partnership, or association who proposed 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," for the purposes of this chapter, means a 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 role 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 parcels are separated by roads, streets, utility easements, or railroad right-of-way. Subdivision includes a condominium project as defined in Section 1350 of the Civil Code of the state or community apartment project as defined in Section 11004 of the State Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Temporary turnaround" means paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedicated right-of-way or upon a temporary easement, to be obliterated when the road is extended.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. It is the map which is required to be presented to the secretary of the planning commission in order to officially commence the process of dividing land according to the requirements of this code. It shall conform with the requirements of Chapter 17.20.

"Tentative parcel map" means the tentative map for a division of land defined in Section 17.28.020, which is required to be presented to the secretary of the planning commission in order to officially commence the process of dividing land according to the requirements of this code. It shall conform with the requirements of Chapter 17.28.

"Vesting tentative map" means a map which meets the requirements of a tentative map as described in Section 17.08.560 of this Code and Government Code Section 66498.1. and has conspicuously printed on its face the words "vesting tentative map."

"Watercourse" means a strip of land over which water flows, having a definite bed, bank and channel wherein the water need not flow continually but usually flows in a particular direction.

"Zone district" means one or more of the zone districts established by Title 18 of this Municipal Code.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)