Chapter 16.04 — DEFINITIONS—RESPONSIBILITIES

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in the Subdivision Map Act and in this title are defined as follows:

A.

"Advisory Agency" means the Planning Commission is designated as the Advisory Agency for the purpose of implementing the Map Act and this title as it relates to tentative maps;

B.

"Appeal Board" means the City Council is designated as the Appeal Board in accordance with the Map Act and will receive, hear and make determinations upon appeals filed under this title relating to tentative maps;

C.

"Block" means the length of frontage along the property line between consecutive streets intersecting the frontage; and may also mean that area bound on all sides by the adjacent streets, right-of-way, railroads, public areas or subdivision boundary and includes one or more lots or parcels;

D.

"California Environmental Quality Act (CEQA)" means California Public Resources Code Section 21000 et seq.;

E.

"City" means the City of Clayton, State of California, of which the governing body is the City Council;

F.

"City Engineer" means the city engineer shall advise the Planning Commission concerning streets, engineering, and matters related to the office as required by law;

G.

"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. A condominium may include, in addition, a separate interest in other portions of such real property;

H.

"Design" means:

Street alignments, grades and widths,

Drainage and sanitary facilities and utilities, including alignments and grades thereof,

Location and size of all required easements and rights-of-way,

Fire roads and fire breaks,

Lot size and configuration,

Traffic access,

Grading,

Land to be dedicated for park and recreational purposes, and

Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan;

I.

"Environmental Impact Report (EIR)" means a detailed statement setting forth the environmental effects and consideration pertaining to a project as specified in the California Environmental Quality Act, and may mean either a draft or a final map.

J.

"Final map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act, and which, upon proper approval by the City Council, will be filed in the office of the recorder of the County of Contra Costa.

K.

"Frontage" means the width of the lot or block measured along the property line adjacent to the street.

L.

"Frontage improvements" means curb, gutter, sidewalks, street lighting, landscaping, paving and fencing or any combination thereof.

M.

"General plan" means the general plan of the city, adopted July 17, 1985, with all amendments and supplements thereto.

N.

"Improvement plan" means a properly prepared and approved plan showing the location and construction details including specifications of all improvements required for the subdivision.

O.

"Improvements" includes all work required to be installed by the subdivider of the land as a condition precedent to the approval and filing of the final map including, but not limited to streets, sidewalks, curbs and gutters, drainage, street lights, landscaping and irrigation systems and other improvements as defined by Section 66419 of the Government Code.

P.

"Lot" means that portion of a parcel of land which is delineated or described as a single integral unit on the subdivision map.

Q.

"Map Act" means the Subdivision Map Act of the State of California contained in Section 66410 et seq. of the Government Code.

R.

"Parcel" means all land that is contiguous and under one deed of ownership.

S.

"Parcel Map" means a map prepared in accordance with the provisions of this title and Section 66444 et seq. of the Government Code.

T.

"Planning Commission" means the body established by the City Council in accordance with Section 65100 et seq. of the Government Code empowered to carry out the functions pertaining thereto and which is designated advisory agency for the purpose of acting on tentative maps in accordance with the Map Act.

U.

"Planning staff" means the technical staff of the city that provides support to the Planning Commission, including retained consultants.

V.

"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".

W.

"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 right-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professional Code.

X.

"Tentative map" and "Tentative parcel 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 prepared and filed in accordance with Section 66452 of the Government Code and this title.

Y.

"Vesting tentative map" and "vesting tentative parcel map" refers to a map which meets the requirements of Section 66452 of the Government Code and this title. Where "Tentative map" or "Tentative parcel map" are stated in this title, they shall also mean "Vesting tentative map" and "Vesting tentative parcel map".

Z.

"Zoning ordinance" means Title 17 of this code.

(Ord. 235, 1987)

A.

Planning Commission. In accordance with Section 66415 of the Government Code, the Planning Commission will make investigations and reports on the design and improvements of proposed subdivisions, establishing the requirements and conditions thereon, and will approve, conditionally approve, or disapprove the proposed tentative or vesting tentative maps thereof.

B.

City Council. The City Council retains full responsibility for the application of the Map Act and all of its requirements. They will act as the appeal board for tentative maps and will by resolution take final action on all final maps.

C.

City Attorney. The City Attorney advises on the legal aspects of the application of any law, regulation or ordinance pertaining to issues being considered and decided and approves the form and format of all agreements, securities, and other legal documents required by this title.

D.

City Staff. The concerned technical city staff consists of the City Engineer and planning personnel either as employees or consultants and is fully responsive to the City Council and the Planning Commission in the exercise of their lawful duties. The administrative staff provides support to the approval process as required. Specific assignments are as follows:

City Engineer will review and recommend changes or approval of tentative maps and supplementary data submitted for subdivisions, design and construction details, standards and specifications of proposed public improvements, and complete the certificate required by Section 66442 of the Government Code;

The planning staff will do the following: Accept, review and process all applications, maps and supplementary data filed with the city as required by this title, and review and investigate the proposed subdivision for conformity to the general plan, specific plans and the zoning ordinance and report its findings and recommendations in writing to the Planning Commission.

(Ord. 235, 1987)