Mendota Municipal Code Ch. 16.08 Definitions

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 section, 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.

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

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

"Approved private road" means a strip of land approved by the city 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," "collect," "local collector" and "local" means a road designated as such in the circulating element of the general plan of the city, adopted by the city council.

"Building official" means the building official for the city, duly appointed by the city council.

"Building permit" means a permit granted for the construction, alteration, etc., of buildings pursuant to the building code of the city.

"City" means the city of Mendota.

"City engineer" means the city engineer for the city, duly appointed by the city council.

"Clerk" means the city clerk for the city, duly appointed by the city council.

"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 or parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

"Corner lot" means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred thirty-five (135) degrees.

"Council" means the city council.

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

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

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park or recreation purposes;

9. 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.

"Dividing strip" means a separation between opposite directional flows of traffic. If 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 16.20 of this code.

"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 long-range, comprehensive general plan for the orderly development of the city, adopted by the planning commission and the city council, which may include any of the elements listed in the Government Code of the state.

"Improvement plans" means the plans, profiles, cross sections and specifications of all proposed improvements, including the information required by Chapter 16.28 of this code.

1. "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.

2. "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 city 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 standards" means the same as standard specifications.

"Limited access strip" means a line or strip of land, the right to cross which, by the public and adjoining property owners, has been conveyed or dedicated to some authorized public agency.

"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:

1. 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

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

"Lot, reversed corner" means a corner lot, the street side line of which is substantially a continuation of the front lot line of the lot upon which it rears.

"Major street" means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used, to carry heavy volumes of traffic through an urban area or between urban areas which normally would require a street with four or more lanes.

"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.

"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 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 16.24 of this code and state laws.

"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.

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

"Planning director" means the planning director of the city, duly appointed by the city council.

"Primary street" means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used to carry moderately heavy volumes of traffic, which normally would require a four-lane undivided street.

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

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

"Reserve strips" means wherever in this title reserve strips are required or allowed either parallel with or at the end of streets the same shall be offered for dedication for public street purposes at such time as the city or county shall accept dedication or acquire title to sufficient additional right-of-way from property outside of said subdivision so as to provide the ultimate right-of-way designated on the map, or certificate of dedication thereon; and the terms of said dedication may provide that until such additional right-of-way is acquired, said reserve strip shall be reserved for the use of the subdivider and the successive owners of the respective lots in the subdivision which are adjacent to said reserve strip, except that no structure not ordinarily placed on public streets may be erected on such reserve strip.

"Residential street" means a street which is used or planned primarily for access to abutting residential properties.

"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.

"Secondary street" means a street which is used or planned to be used to carry a volume of traffic less than a primary street and greater than a residential street, and which normally would require a two-lane street with four-lane capacity at important intersections.

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

"Front yard setback line" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zoning district.

"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 city council applicable at the time of approval of a tentative subdivision map or tentative parcel map and as set forth in the city standard specification 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 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," for the purposes of this title, 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 of California 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 definition, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Supplementary standards" means the supplementary improvement standards adopted in accordance with Chapter 16.28 of this code.

"Temporary turn around" 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.

"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 title. It shall conform with the requirements of Chapter 16.16 of this code.

"Tentative parcel map" means the tentative map for a division of land defined in Chapter 16.24 of this code 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 title. It shall conform with the requirements of Chapter 16.16 of this code.

"Through lot" means a lot having frontage on two parallel or nearly parallel streets.

"Use permit" means a permit for the use of land or buildings, issued pursuant to the zoning ordinance of the city.

"Vesting tentative map" means a tentative map for a residential subdivision, as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.20.050 and is thereafter processed in accordance with the provisions of Chapter 16.20 of this code.

"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 the district established by the zoning ordinance.

Wherever a word or phrase used in this title is not defined in the Map Act or in this chapter, and unless it appears otherwise from the context in which such word or phrase is used, it shall be construed harmoniously with the definition or construction of such word or phrase as it may be used in this title in effect at the time.

(Prior code § 14.02.001)