Fresno County Municipal Code Ch. 17.08 Definitions

The definitions and meanings of the words and phrases, which are defined in the Subdivision Map Act, are used in Chapters 17.04 through 17.60 as defined in this chapter, unless from the context hereof it clearly appears that a different meaning is intended. The word "may" indicates an action which is permissive. The word "shall" indicates an action which is mandatory. All words in the singular shall include the plural; and plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"Alley" means any dedicated way intended for vehicular service to the rear or the side of property served by a public road.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"Approved private road" means a strip of land approved by the board 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.

(Prior code, § 700.200)

"Arterial" and "collector" means a highway designated as such in the circulation element of the general plan of the county, adopted by the board of supervisors.

(Prior code, § 700.200)

"Board" means board of supervisors.

(Prior code, § 700.200)

"Clerk of the board" means the county administrative officer who is ex officio clerk of the board of supervisors.

(Ord. 594, § 2, 1977; prior code, § 700.200)

"Commission" means the county planning commission.

(Prior code, § 700.200)

"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.

(Prior code, § 700.200)

"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.

(Prior code, § 700.200)

"County road" means the same as public road.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"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.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"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 a 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 adopt specific plan.

(Ord. 594, § 3, 1977; Ord. 520-A-14, § 3, 1975)

"Designated remainder" means all or a portion of any unit or contiguous units of improved or unimproved land which is not divided for the purpose of sale, lease or financing.

(Ord. 95-020, § 1, 1995)

"Director" means the director of public works and development services for the county (ex officio county surveyor and road commissioner).

(Ord. 0-85-023, § 1; Ord. 0-81-002, § 23; prior code, § 700.200)

"Divider" means the same as subdivider.

(Ord. 594, § 4, 1977)

"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.

(Prior code, § 700.200)

"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.

(Prior code, § 700.200)

"Easement for public road" means a right-of-way offered to the county for road purposes by a division of land. Upon acceptance by the county it is deemed a county road, as defined in Section 17.08.130.

(Prior code, § 700.200)

"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 Chapters 17.04 through 17.60, or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in Chapters 17.04 through 17.60, or such a lot or separate parcel of land thereafter lawfully created.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"Final map" is the official map which is recorded by the county clerk indicating the divisions of land within the subdivision. It shall conform with the requirements of Chapter 17.32.

(Ord. 520-A-14, § 4, 1975)

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

(Prior code, § 700.200)

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

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"General plan" means the long-range, comprehensive general plan for the orderly development of the county, adopted by the board of supervisors, which may include any of the elements listed in the Government Code of the state.

(Ord. 594, § 5, 1977; prior code, § 700.200)

"Improvement plans" means the plans, profiles, cross-sections and specifications of all proposed improvements, including the information required by Sections 17.48.400—17.48.450.

(Prior code, § 700.200)

A. "Improvement" refers to such street work and utilities 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.

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

(Ord. 520-A-14, § 5, 1975; prior code, § 700.200)

"Improvement plans" means the plans, profiles, cross-sections and specifications of all proposed improvements.

(Ord. 594, § 6, 1977)

"Improvement standards" means the design and improvement requirements established by the board of supervisors by ordinance applicable at the time of approval of the tentative subdivision map.

(Prior code, § 700.200)

"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.

(Prior code, § 700.200)

"Lot" means:

A. A parcel of real property within 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 clerk-recorder and if required by the zoning ordinance, abutting at least one public road or approved private road.

(Prior code, § 700.200)

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

(Ord. 520-A-14, § 6, 1975; prior code, § 700.200)

"Master plan" means the same as general plan.

(Prior code, § 700.200)

"Mineral resource zone 2 (MRZ-2)" means that area classified by the general plan as an area where adequate formation indicates that significant mineral deposits are now present, or where it is judged that a high likelihood for their presence exists.

(Ord. 88-007, § 2)

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

(Prior code, § 700.200)

"Omitted parcel" means the same as designated remainder.

(Ord. 95-020, § 2, 1995)

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

(Prior code, § 700.200)

"Parcel of land" means the whole of any numbered lot in an approved subdivision or the whole of any other holding of abutting land abutting under one ownership.

(Prior code, § 700.200)

"Person" means and includes any individual, firm, copartnership, joint venture, association, corporation, estate, receiver, syndicate, or any group or combination acting as a unit, and the plural as well as the singular number.

(Prior code, § 700.200)

"Plan line" means precise plan line.

(Prior code, § 700.200)

"Precise plan lines" means the future right-of-way lines or plan lines of any highway as shown on the precise plan of streets and highways for highway use as adopted by the board of supervisors.

(Prior code, § 700.200)

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

(Prior code, § 700.200)

"Public road" means any street, avenue, highway or road which has been improved, dedicated, accepted and maintained as a public road in a manner approved by the county.

(Ord. 88-024, § 1; prior code, § 700.200)

"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.

(Prior code, § 700.200)

"Front yard setback line" means the line which defines the depth of the required front yard measured from the right-of-way line or plan line when one has been established.

(Prior code, § 700.200)

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear yard or side yard measured from the property line.

(Prior code, § 700.200)

"Specific plan" means an officially adopted document or map setting forth county policy, programs, or regulations for the systematic execution of the general plan.

(Ord. 594, § 8, 1977)

"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.

(Prior code, § 700.200)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided the real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities acting on such capacity are not subdividers.

(Ord. 594, § 8, 1977; Ord. 520-A-14, § 7, 1975; prior code, § 700.200)

"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 easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Ord. 0-85-023, § 2; Ord. 594, § 9, 1977; Ord 520-A-14, § 8, 1975; prior code, § 700.200)

"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 said road is extended.

(Prior code, § 700.200)

"Tentative map" is the map which is required to be presented to the director of public works and development services 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.

(Ord. 0-85-023, § 3; Ord. 0-81-002, § 24; Ord. 520-A-14, § 9, 1975)

"Vesting map" means a map that confers a vested right to proceed with residential development in substantial compliance with the ordinances, policies and standards in effect at the time the application for a vesting tentative map is determined to be complete, or at such later time as provided for in Government Code Sections 66474.2 or 66498.1(b).

(Ord. 0-85-023, § 9)

"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.

(Prior code, § 700.200)

"Zone district" means the district established by the zoning ordinance.

(Prior code, § 700.200)