Chapter 17.08 — DEFINITIONS

In addition to those definitions given in Chapter 1.04 of this code, the following words and phrases shall have the meaning given in this chapter.

(Ord. 74-446 Art. I § 2 (part), 1974.)

"Access road" means any street or road passing adjacent to or through the subdivision which carries the major flow of traffic, and onto which traffic entering from side streets and driveways may be controlled.

(Ord. 74-446 Art. I § 2(A), 1974.)

"Block" means an area of land within a subdivision, which area is either entirely bounded by streets (except alleys) or by streets (except alleys) and the exterior boundary or boundaries of the subdivision.

(Ord. 74-446 Art. I § 2(B)(1), 1974.)

"Building site" means a parcel or lot occupied or intended to be occupied by buildings or structures.

(Ord. 74-446 Art. I § 2(B)(2), 1974.)

"Commission" means the Mono County planning commission, the body duly appointed, authorized and acting per Section 65300 of the Government Code and Chapter 2.36 of this code, and when used herein may apply to the commission's duly authorized representatives.

(Ord. 74-446 Art. I § 2(C), 1974.)

"Conversion of existing residential facilities by subdivision" means apartments, mobilehome parks or other multi-family residential facilities which are converted to individual ownership by subdivision. "Subdivision" shall be as defined in Section 17.08.420 of this code and Section 66424 et seq. of the Government Code.

(Ord. 81-499 § 3 (part), 1981.)

A.

Design refers to street alignment grades and widths, alignment and widths of easements and rights-of-way for drainage, proper grading and erosion control (including the prevention of sedimentation or damage to off-site property), water supply, sanitary sewers and minimum lot area and width.

B.

Design also includes land to be dedicated for park or recreational purposes.

C.

Design also refers to such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of applicable general or specific plans of a city or county.

(Ord. 74-446 Art. I § 2(D)(1), 1974.)

"Director of public works" means the director of public works of Mono County, or his designated representative.

(Ord. 74-446 Art. I § 2(D)(2), 1974.)

"Drainage way" means a natural depression in the earth's surface, such as swales, ravines, draws and hollows, in which surface waters collect as a result of rain or melting snow, but at other times are destitute

of water.

(Ord. 74-446 Art. I § 2(D)(3), 1974.)

"Environmental impact report" (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act.

(Ord. 74-446 Art. I § 2(E), 1974.)

"Final map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act of the state, and which is designed to be recorded in the recorder's office.

(Ord. 74-446 Art. I § 2(F)(1), 1974.)

"Flood hazard" means possible occurrence of flood waters and/or overflow causing inundation of lands or improvements, or stream having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings or to cause erosion of the banks or channels.

(Ord. 74-446 Art. I § 2(F)(2), 1974.)

"Flood plain" means areas adjoining a watercourse, lake or other body of water that have been or may be covered by flood waters.

(Ord. 74-446 Art. I § 2(F)(3), 1974.)

"Flood water" means waters flowing over the surface of the land which have escaped from a stream or other body of water, never to return to their point of origin.

(Ord. 74-446 Art. I § 2(F)(4), 1974.)

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

(Ord. 74-446 Art I § 2(F)(5), 1974.)

"Health department" means the Mono County health department.

(Ord. 74-446 Art. I § 2(H)(1), 1974.)

"Health officer" means the Mono County health officer or his designated representative.

(Ord. 74-446 Art. I § 2(H)(2), 1974.)

"Street" or "highway" means all streets, roads, highways, avenues, boulevards, drives, sidewalks, lanes, esplanades, alleys, equestrian, bicycle or snowmobile lanes, utilized principally for pedestrian or vehicular traffic, and includes the entire area between the right-of-way boundaries.

(Ord. 74-446 Art. I § 2(H)(3), 1974.)

"Improvement plan" means an engineering plan submitted by a civil engineer registered by the state, showing the location and construction details of all improvements required for the subdivision.

(Ord. 74-446 Art. I § 2(I)(1), 1974.)

A.

"Improvements" 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 necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, including those required to prevent sedimentation or damage to off-site property, as a condition precedent to the approval and acceptance of the final map thereof.

B.

"Improvement" also refers to such specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities or by a combination thereof, is necessary or convenient to insure conformity to or implementation of applicable general or specific plans and the zoning ordinance of a city or county.

(Ord. 74-446 Art. 1 § 2(I)(2), 1974.)

"Land division" refers to any real property, improved or unimproved, shown on the latest equalized county assessment roll as a unit or contiguous units, under one ownership, which is divided for the purpose of sale, lease or financing, whether immediate or future, by any person into two or more parcels, provided the property division does not constitute a subdivision of as defined in this title.

(Ord. 74-446 Art. I § 2(L)(1), 1974.)

"Land project" is a subdivision or subdivided lands within this state which satisfies all of the following conditions:

A.

The subdivision or subdivided lands contain fifty or more parcels of which any fifty are both:

Not improved with residential, industrial, commercial or institutional buildings, and

Offered for sale, lease or financing for purposes other than industrial, commercial, institutional or commercial agricultural uses;

B.

The subdivision or subdivided lands are located in an area in which reside less than one thousand five hundred registered voters within the subdivision or within two miles of the boundaries of the property described in the final public report;

C.

Not constituting a community apartment project as defined in Section 11004 of the Business and Professions Code, a project consisting of condominiums as defined in Section 783 of the Civil Code, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code.

(Ord 74-446 Art. I § 2(L)(2), 1974.)

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

(Ord. 74-446 Art. I § 2(L)(3), 1974.)

"Noncounty improvements" means improvements to be made by the subdivider but not required to be offered for dedication to the county. Such noncounty improvements may include private areas, private sewage disposal, sewer systems to be furnished to other governmental entities and water distribution systems to be furnished to other governmental entities.

(Ord. 74-446 Art. I § 2(N), 1974.)

"Owner" is a person, firm, association, syndicate, copartnership, corporation or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the Subdivision Map Act and this title, whether acting in the capacity of a joint owner, co-owner, guardian, executor, administrator or other person holding property in trust and whether in person or by subdividers, agents, representatives or otherwise.

(Ord. 74-446 Art. I § 2(O), 1974.)

"Parcel" means real property which is contiguous and under one ownership. Property shall be considered contiguous even if separated by streets, easements or railroad rights-of-way.

(Ord. 74-446 Art. I § 2(P)(1), 1974.)

"Park" means public or private land or open space reserved from dwelling unit development.

(Ord. 74-446 Art. I § 2(P)(2), 1974.)

"Path" means a way designed for use only by pedestrian.

A.

"Public paths" means only such paths whose right-of-way is dedicated upon a subdivision map or deeded to and accepted by the governing board of the county.

B.

"Private path" means a path offered for the benefit of the owners of certain lots, which lots shall be designated for that purpose on the subdivision map.

(Ord. 74-446 Art. I § 2(P)(3), 1974.)

"Person" means an individual, partnership, corporation, business association or group of individuals, and any governmental entity.

(Ord. 74-446 Art. I § 2(P)(4), 1974.)

"Planning department" means the Mono County planning department.

(Ord. 74-446 Art. I § 2(P)(5), 1974.)

"Planning director" means the director of building and planning or his designated representative.

(Ord. 74-446 Art. I § 2(P)(6), 1974.)

"Ponding of local storm water" means standing storm water in local depressions. As distinguished from sheet overflow, this water originates on or in the vicinity of the subdivision and due to the condition of the ground surface does not reach a drainage channel or conduit.

(Ord. 74-446 Art. I § 2(P)(7), 1974.)

"Private street" means any parcel of land or nonexclusive easement not owned by the county, a city, the state, not offered for dedication to the public, and which is used or intended to be used for vehicular access to a lot or parcel.

(Ord. 74-446 Art. I § 2(P)(8), 1974.)

"Public ways" means all streets, roads, highways, esplanades, easements, rights-of-way, tunnels, culverts, wires, pipes, lines, tubes and any or all other property rights or interests, facilities or improvements, including fee interests and rights less than in fee, together with improvements, therein or thereon, owned, possessed, held or under the control of a political subdivision and/or public and private utility entities.

(Ord. 74-446 Art. I § 2(P)(9), 1974.)

"Public works department" means the Mono County department of public works.

(Ord. 74-446 Art. I § 2(P)(10), 1974.)

For a definition of "road," see "highway or street," Section 17.08.170.

(Ord. 74-446 Art. I § 2(R)(1), 1974.)

"Road commissioner" means the county director of transportation. As provided in Section 2.28.035 of this code, the director of public works is, ex officio, the county director of transportation.

(Ord. 06-05 § 3 (part), 2006: Ord. 93-02 § 3, 1993: Ord. 74-446 Art. I § 2(R)(2), 1974.)

"Road department" means the Mono County road department.

(Ord. 74-446 Art. I § 2(R)(3), 1974.)

"Sheet flow" means water of minor depths, either quiescent or flowing at velocities less than those necessary to produce serious scour.

(Ord. 74-446 Art. I § 2(S)(1), 1974.)

"Standard plans" means the road department standard plans, including state standard plans and specifications.

(Ord. 74-446 Art. I § 2(S)(2), 1974.)

For a definition of "street," see "highway or street" Section 17.08.170.

(Ord. 74-446 Art. I § 2(S)(5), 1974.)

"Subdivider" shall be as defined by Section 66423 of the Government Code.

(Ord. 81-493 § 20, 1981: Ord. 74-446 Art. I § 2(S)(6), 1974.)

"Subdivision" shall be as defined in Section 66424 et seq. of the Government Code.

(Ord. 81-493 § 21, 1981: Ord. 74-446 Art. I § 2(S)(7), 1974.)

"Surface water" means water falling upon, arising from and naturally spreading over lands and produced by rainfall, melting snow or springs.

(Ord. 74-446 Art. I § 2(S)(3), 1974.)

"Surveyor" means the Mono County surveyor, appointed by the board of supervisors, unless the context indicates otherwise.

(Ord. 74-446 Art. I § 2(S)(4), 1974.)

"Tentative map" means a map for the purpose of showing the design of a proposed subdivision or land division and the existing conditions in and around it.

(Ord. 74-446 Art. I § 2(T)(1), 1974.)

"Trail" means a way designed for use by pedestrians, bicycles and horses, unless otherwise specified.

(Ord. 74-446 Art. I § 2(T)(2), 1974.)

"Watercourse" means a running stream of water; a natural stream, including rivers, creeks, runs and rivulets. It may sometimes be dry, but must flow in a definite channel.

(Ord. 74-446 Art. I § 2(W), 1974.)

As used in this title, "section" means a section of this title unless some other statute is specifically mentioned.

(Ord. 74-446 Art. I § 3, 1974.)