§ 16.08

The definitions and meanings of the words and phrases, which are defined in the subdivision map act, are used in this title, are defined in this title, 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 § 11-2-201)

16.08.020 - Abut.

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

(Prior code § 11-2-202)

16.08.030 - Access road.

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

(Prior code § 11-2-203)

16.08.040 - Alley.

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

(Prior code § 11-2-204)

16.08.050 - Approved.

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

(Prior code § 11-2-205)

16.08.060 - Approved private road.

"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.

(Prior code § 11-2-206)

16.08.070 - Arterial and collector.

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

(Prior code § 11-2-207)

16.08.080 - City engineer.

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

(Prior code § 11-2-208)

16.08.090 - City planner.

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

(Prior code § 11-2-209)

16.08.100 - Clerk.

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

(Prior code § 11-2-210)

16.08.110 - Commission.

"Commission" means the city planning commission.

(Prior code § 11-2-211)

16.08.120 - Community apartment.

"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 § 11-2-212)

16.08.130 - Condominium.

"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 § 11-2-213)

16.08.140 - Council.

"Council" means the city council.

(Prior code § 11-2-214)

16.08.150 - County clerk.

"County clerk" or "county clerk-recorder" shall mean the county clerk-recorder of the county of Fresno.

(Prior code § 11-2-215)

16.08.160 - Cul-de-sac.

"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 § 11-2-216)

16.08.170 - Dead end road.

"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 § 11-2-217)

16.08.180 - Dedicated road.

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

(Prior code § 11-2-218)

16.08.190 - Design.

"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 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 adopted specific plans.

(Prior code § 11-2-219)

16.08.200 - Director of public works.

"Director of public works" means the public works superintendent for the city appointed by the city council.

(Prior code § 11-2-220)

16.08.210 - Dividing strip.

"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 § 11-2-221)

16.08.220 - Double frontage lot.

"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 § 11-2-222)

16.08.230 - Easement for public road.

"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, as defined above.

(Prior code § 11-2-223)

16.08.240 - Existing lot or building site.

"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.

(Prior code § 11-2-224)

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

(Prior code § 11-2-225)

16.08.260 - Final map.

"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 16.32.

(Prior code § 11-2-226)

16.08.270 - Freeway.

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

(Prior code § 11-2-227)

16.08.280 - Frontage.

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

(Prior code § 11-2-228)

16.08.290 - Frontage road.

"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 § 11-2-229)

16.08.300 - General plan.

"General plan" means the 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.

(Prior code § 11-2-230)

16.08.310 - Improvement.

A.

"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.

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 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.

(Prior code § 11-2-232)

16.08.320 - Improvement plans.

"Improvement plans" means the plans, profiles, cross-sections and specifications of all proposed improvements, including the information required by Section 10.36.400 through 10.36.430.

(Prior code § 11-2-231)

16.08.330 - Improvement standards.

"Improvement standards" means the design and improvement requirements established by the city council by ordinance applicable at the time of approval of the tentative subdivision map or tentative parcel map.

(Prior code § 11-2-233)

16.08.340 - Local road.

"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 § 11-2-234)

16.08.350 - Lot.

"Lot" means:

A.

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

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 § 11-2-235)

16.08.360 - Map Act.

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

(Prior code § 11-2-236)

16.08.370 - Master plan.

"Master plan" means the same as general plan.

(Prior code § 11-2-237)

16.08.380 - Nonaccess line.

"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 § 11-2-238)

16.08.390 - Outlot.

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

(Prior code § 11-2-239)

16.08.400 - Parcel map.

"Parcel map" means the map prepared for acceptance by the city and the county clerk-recorder in accordance with the approved tentative map as provided for in Chapter 16.28 and state laws.

(Prior code § 11-2-240)

16.08.410 - Person.

"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 § 11-2-241)

16.08.420 - Plan line.

"Plan line" means precise plan line.

(Prior code § 11-2-242)

"Precise plan lines" or "specific plan line" 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 or on a specific plan as adopted by the city council.

(Prior code § 11-2-243)

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

(Prior code § 11-2-244)

"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.

(Prior code § 11-2-245)

16.08.460 - Restricted access strip.

"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 § 11-2-246)

16.08.470 - Setback line, front yard.

"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 § 11-2-247)

16.08.480 - Setback line, rear yard or side yard.

"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 § 11-2-248)

"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 § 11-2-249)

"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.

(Prior code § 11-2-250)

"Subdivision," for purposes of this division, means a division of any improved or unimproved land 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. 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.

(Prior code § 11-2-251)

16.08.520 - Temporary turn around.

"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.

(Prior code § 11-2-252)

16.08.530 - Tentative map.

"Tentative map" 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 code. It shall conform with the requirements of Chapter 16.20.

(Prior code § 11-2-253)

16.08.540 - Tentative parcel map.

"Tentative parcel map" means the tentative map for a division of land defined in Section 16.28.050 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 Code. It shall conform with the requirements of Chapter 16.28.

(Prior code § 11-2-254)

"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 § 11-2-255)

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

(Prior code § 11-2-256)