Montague Municipal Code Ch. 16.08 Definitions

Sections:

Any words or phrases defined in the Subdivision Map Act are used in this title in accordance with said definitions; in addition, the words defined in this chapter are used in accordance with said definitions. (Ord. 90-1 (part), 1990)

“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. (Ord. 90-1 (part), 1990)

“Conversion” means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon. (Ord. 90-1 (part), 1990)

“Cross-slope” means the average or prevailing percentage of grade measured perpendicular to the ground contours. (Ord. 90-1 (part), 1990)

“Cul-de-sac” means a minor street terminating in a turnaround and not over three hundred feet in length measured from the right-of-way line to the cross street to the center of the cul-de-sac. (Ord. 90-1 (part), 1990)

“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 all required easements and rights-of-way;

• D. Fire roads and fire breaks;

• E. Lot size and configuration;

• F. Traffic access;

• G. Grading;

• H. Land to be dedicated for park or recreational purposes; and

• 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 any adopted specific plan. (Ord. 90-1 (part), 1990)

“Environmental impact report” means a detailed statement setting forth the environmental effects and consideration pertaining to a project as specified in Section 22100 of the California Environmental Quality Act, and may mean either a draft or a final EIR. (Ord. 90-1 (part), 1990)

“Erosion” means the process by which the ground surface is worn away by the action of wind or water and by which material therefrom is carried, or is likely to be carried across any property line in significant quantities. (Ord. 90-1 (part), 1990)

“Final map” means a map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this title, prepared in accordance with the provisions of this title and the Subdivision Map Act designed to be recorded in the office of the county recorder. (Ord. 90-1 (part), 1990)

“Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland water. (Ord. 90-1 (part), 1990)

“General plan” means the general plan of the city and any amendments thereto. (Ord. 90-1 (part), 1990)

“Grading” means any act by which soil, rock or mineral matter is cut into, dug, quarried, uncovered, removed, displaced or relocated, and includes the removing of vegetative cover, excavation, land balancing and filling. (Ord. 90-1 (part), 1990)

“Hillside area,” as referred to in this title, means one with an average slope exceeding five percent. The standards under Section 16.08.135 apply to hillside areas with the added provision that areas with a cross-slope of forty percent are considered to be extremely marginal for development and the development of this terrain is limited to special approval and conditions set forth by the city based upon reasonable engineering standards. (Ord. 90-14 (part), 1990; Ord. 90-1 (part), 1990)

A. Type I. A Type I subdivision is one in which all parcels are brought to a finish grading standard as set forth in the Uniform Building Code and this title, with street, water, sewer, utility, drainage and street light improvements in place.

B. Type II. A Type II subdivision is one in which street, water, sewer, utility, drainage and streetlight improvements are in place but in which parcels are left in an ungraded condition.

***** Tentative map shall be accompanied by preliminary grading plan.

****** Tentative map shall be accompanied by preliminary grading plan showing possible driveway alignments with grades of less than fifteen percent from back of sidewalk onto each lot.

(Ord. 90-14 (part), 1990; Ord. 90-1 (part), 1990)

“Improvement” means and includes such street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, parks, open space and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic as a condition precedent to the approval and acceptance of the final map thereof. It also includes such other specific improvements or type of improvements, the installation of which either by the subdivider, by public agencies, by private utilities, by any other entity approved by the planning commission or city council or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any adopted specified plan.

Improvements shall be constructed in accordance with the city standard specifications and details and/or, when applicable, with standards as adopted by local utility companies and approved by the city engineer or director of public works. (Ord. 90-1 (part), 1990)

“Loop street” means a minor street, not over one thousand feet in length, which forms a loop and returns to the same street from which it originated or turns into the first street intersecting the street from which the loop street originated. A street forming a connection between two parallel or generally parallel streets shall not be considered a loop street. (Ord. 90-1 (part), 1990)

“Lot” means a parcel or portion of land separated from other parcels or portions by description, as on a final or parcel map, or by metes and bounds, for purpose of sale, lease, financing or separate use. (Ord. 90-1 (part), 1990)

“Lot line adjustment” means a lot line between two or more existing adjacent parcels, 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. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed of record of survey which shall be recorded. (Ord. 90-1 (part), 1990)

“Major street (arterial)” means a street carrying intercity through traffic or relating several sections or neighborhoods within the city. (Ord. 90-1 (part), 1990)

“Map Act” means the Subdivision Map Act of the state of California. (Ord. 90-1 (part), 1990)

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel. (Ord. 90-1 (part), 1990)

“Minor streets” means any streets not defined as a major street (arterial). (Ord. 90-1 (part), 1990)

“Owner” means the individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title, and while used herein in the masculine gender and singular number, it means the feminine and neuter gender and the plural number whenever appropriate. (Ord. 90-1 (part), 1990)

“Parcel map” means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act. (Ord. 90-1 (part), 1990)

“Peripheral street” means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision. (Ord. 90-1 (part), 1990)

“Secondary streets (collector)” means streets which collect and carry traffic from loop streets and cul-de-sacs to arterials and also carry traffic within a particular area of the city. (Ord. 90-1 (part), 1990)

“Street” means an improved traveled way providing the primary access to abutting property. (Ord. 90-1 (part), 1990)

“Subdivider” means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this title to effect a subdivision of land hereunder for himself or for another, and while used herein in the masculine gender and singular number, it means and includes the feminine or neuter gender and the plural whenever appropriate. (Ord. 90-1 (part), 1990)

• A. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land shown on the latest equalized county assessment roll as a unit or 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 easements or railroad right-of-way. “Subdivision” includes a condominium project, as defined here in or 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. 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.

• B. “Subdivision'' does not include:

  1. Buildings divided into apartments, offices, storage or similar space within apartment buildings, industrial buildings, mobile home parks or trailer parks for the purpose of lease or financing;

  2. Land divided by mineral, oil or gas leases;

  3. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

4. A lot line adjustment between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the planning commission. (Ord. 90-1 (part), 1990)

“Tentative map” means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around the subdivision. This map need not be based upon an accurate or detailed field survey of the property, but shall contain the information required by this title and the provisions of the Subdivision Map Act. (Ord. 90-1 (part), 1990)

“Zoning ordinance” means Title 17 of the city's municipal code, or any city ordinance enacted under zoning law. (Ord. 90-1 (part), 1990)