§ 7.02

The definitions in the Subdivision Map Act shall govern the meaning of words in this Subdivision Code, except as follows:

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Terms used in this Code Equivalent terms in Subdivision Map Act
Final Tract Map Final Map
Tract Map Final Map
Final Parcel Map Parcel Map
Tentative Tract Map Tentative Map
Tentative Parcel Map Tentative Map
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(Ord. 171 § 1, 2007)

Unless otherwise defined in this Subdivision Code, words and phrases used in this Subdivision Code shall be deemed to have the same meaning applied to them in the Lake Forest Zoning Code (Title 9), the Lake Forest Grading and Excavation Code (Chapter 8.30), the Subdivision Map Act, and the adopted California Construction Codes, as adopted and amended in Title 8. (Ord. 171 § 1, 2007; Ord. 247 § 47, 2013)

All references to this section shall include Sections 7.02.022 through 7.02.072. (Ord. 171 § 1, 2007)

Advisory Agency. The Planning Commission shall function as the advisory agency as that term is used in the Subdivision Map Act or throughout this Code.

Appeal Board. The City Council is designated as the Appeal Board, as that term is used in the Subdivision Map Act. (Ord. 171 § 1, 2007)

"Benefit area" or "area of benefits," as used in this Title 7, means an area established by resolution of the City Council which will be benefited by and will have contributed to the need for a facility. Such area shall be determined solely on the basis of need for the facility and contribution of development in the area to the need for the facility. In establishing a benefit area, consideration shall not be given to whether or not fee areas are included.

"Building permit" means a building permit which would allow construction of any structure which would contribute to the need for a facility for which a fee is required.

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City of Lake Forest, CA

LAKE FOREST CODE

§ 7.02.024

§ 7.02.032

"Building site" means a parcel or contiguous parcels of land which was established in compliance with the building site requirements in the Zoning Code and the Subdivision Map Act.

(Ord. 171 § 1, 2007)

"Certificate of compliance" means a document filed for record with the County Clerk/County Recorder of the County of Orange which identifies real property approved for subdivision and states that the division thereof complies with the provisions of this Code and the Subdivision Map Act.

"City Council" means the City Council of the City of Lake Forest.

"City standards" means the City of Lake Forest standard plans and standard specifications as adopted by the City Council.

"Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

"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.

"Condominium project" means an entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

"Contiguous parcels on units of land" means two or more parcels or units of land which are adjacent or touching along at least one boundary as recorded by the County Clerk/County Recorder of the County of Orange.

"County" means the County of Orange.

"County Clerk/County Recorder" means the County Clerk/County Recorder of the County of Orange.

"County Surveyor" means the County Surveyor of the County of Orange. (Ord. 171 § 1, 2007)

"Driveway" means a designated passageway providing vehicular access between a street and a garage or carport, a parking area, or other driveway or street. A driveway shall not be considered a street.

(Ord. 171 § 1, 2007)

"Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over said land.

"Engineer" means the City Engineer for the City of Lake Forest.

"Engineering geologist" means a person duly certified in the State to practice engineering geology.

(Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.02.032

§ 7.02.036

"Facility" means a public facility normally owned and operated by the City or the County of Orange, including, but not limited to, fire stations, libraries and sheriffs stations, appropriate sites, and equipment necessary to the functioning of such facility, payment for a share of the cost of which is required by conditions of approval for an application for a discretionary development approval within the area of benefit of such facility.

"Fee" means the share of the cost of providing facilities attributable to a particular parcel of property and may include the provision of specified facilities or dedication of land for such facilities.

"Fee area" means any area covered by a General Plan requirement or amendment, zone change, or other development approval which was granted subject to a condition that the developer pay a fee or fees.

"Fee program" means a program adopted by resolution of the City Council pursuant to Section 7.16.010, which apportions the pro rata share of the costs of a facility to each parcel within a benefit area based on the benefit to be derived by each such parcel and the contribution of the development approved for such parcel to the need for the facility and without regard to whether or not such parcels are within a fee area.

"Final parcel map" means a recorded parcel map that is in substantial conformance with an approved or conditionally approved tentative parcel map and complies with Section 7.03.050 of this Code.

"Final tract map" means a recorded tract map that is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map and which is filed in compliance with provisions of this Subdivision Code, the Subdivision Map Act, and the subdivision manual.

"Flood control work or drainage work" means all means of conveying or storing stormwaters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood control channels, and also the control of sedimentation.

"Flood hazard" means the capability of flowing water or mixtures of soils and water to impair or to damage buildings and other structures, and their functions; to erode natural and modified land surfaces, including channels and watercourses; and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.

Flood Hazard, Possible. "Possible flood hazard" means possible extension of areas denoted as "subject to flood hazard," including also the uncertainty of degree or extent of bank erosion.

"Floodplain" means the land adjacent to a watercourse and other land areas susceptible to being inundated by water.

(Ord. 171 § 1, 2007; Ord. 247 § 48, 2013)

"Grading Code" means the Grading and Excavation Code of the City of Lake Forest. Until such time as the City Council adopts a Grading and Excavation Code, the provisions of the Orange County Grading and Excavation Code shall be used. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

LAKE FOREST CODE

§ 7.02.036

§ 7.02.048

"Hillside" means a parcel of land or a definable portion thereof with an average slope of 10% or more or an average rise or fall of one foot or more vertically for each 10 feet horizontally. (Ord. 171 § 1, 2007)

"Improvement" means such street work and utilities to be installed or agreed to be installed on the land proposed to be subdivided by any person, firm, corporation, partnership, or association 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 tract or parcel map thereof. "Improvement" also refers to such other specific improvement or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or by any other entity approved by the City Council or a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan, City Code, or any adopted specific plan.

"Inundation" means ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt. (Ord. 171 § 1, 2007)

"Lot line adjustment" means any division of land not requiring a subdivision tract map where adjustment is sought between four or fewer existing adjacent parcels, and 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.

(Ord. 171 § 1, 2007; Ord. 302 § 7, 2018)

"Master Plan of Drainage" means an engineering report adopted by the City Council pursuant to Government Code Section 66483 which outlines the local drainage facilities (but not including necessary on-site or regional facilities) needed for proper development of a specific area of the City.

"Merger" means the voluntary or mandatory consolidation of two contiguous parcels or units of land under common ownership pursuant to Chapters 7.33 and 7.34 of this Code. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.02.048

§ 7.02.058

"Payment of fees" means the payment of money, construction of facilities, commitment to construction of facilities, and dedication of land for facilities.

"Person" means any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, limited liability company, receiver, syndicate, the County, any other City, City and County, municipality, district, or other political subdivision or any other group or combination acting as a unit. Person shall not include the City of Lake Forest.

"Planning Commission" means the City of Lake Forest Planning Commission, which is designated as the advisory agency, as that term is used in the Subdivision Map Act. (Ord. 171 § 1, 2007)

"Quarter section" means a land unit equal to a quarter of a section of land containing 160 acres. (Ord. 171 § 1, 2007; Ord. 247 § 49, 2013)

"Remainder parcel" means that portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map.

"Right-of-way" means a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded. (Ord. 171 § 1, 2007)

"Section of land" means a division or parcel of land comprising one square mile or 640 acres.

Slope, Man-Made. "Man-made slope" means a manufactured slope consisting wholly or partly of either cut or filled material or both cut and filled material.

"Soil engineer" means a civil engineer duly registered in the State of California whose field of expertise includes soil mechanics.

"Stock cooperative" means as defined in the Subdivision Map Act and Civil Code Section 1351(m).

"Street" means a public or private vehicular right-of-way, other than an alley or driveway, including both local streets and arterial highways.

"Subdivider" means as defined in the Subdivision Map Act.

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City of Lake Forest, CA § 7.02.058

LAKE FOREST CODE

"Subdivision Code" means Title 7 of the Lake Forest Municipal Code; the Lake Forest Subdivision Code.

"Subdivision manual" means a manual prepared by the City's Director of Community Development or his or her designee providing additional guidelines and requirements for compliance with Title 7 of this Code. Until such time as the City Council adopts the subdivision manual, the Orange County Subdivision Manual shall be used.

"Subdivision Map Act" means Title 7, Division 2, Section 66410 et seq., of the Government Code, State of California.

(Ord. 171 § 1, 2007)

"Tentative parcel map" means as defined in Section 7.03.030.

"Tentative tract map" means a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by Section 7.03.030 or Section 7.03.060.

"Territorial map" means a map outlining the jurisdiction of a local agency or special district. (Ord. 171 § 1, 2007)

"Vehicular access rights" means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

"Vesting tentative map" means a map which confers a vested right to proceed with development for a specified time after recordation.

(Ord. 171 § 1, 2007)

(Reserved) (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.02.072

§ 7.02.072

"Zoning Code" means the Lake Forest Zoning Code. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.03.010

§ 7.03.040