Chapter 16.03 — DEFINITIONS

A.

The purpose of the following definitions is to promote consistency with the general plan and increase precision and interpretation of this title.

B.

The following words or phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates differently.

Access, Approved. "Approved access" means a right of vehicular travel to a public street.

Access Rights. "Access rights" means the rights to vehicular and/or pedestrian entry onto a public street from private property, and rights to solar access.

Advisory Agency. "Advisory agency" means the Paradise planning commission and/or the Planning Director. Both are charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property; the imposing of requirements or conditions thereon, or having the authority by this title to approve, conditionally approve, or disapprove maps. (G.C. 66415)

Alley. "Alley" means a thoroughfare twenty feet or less in width, which affords only a secondary means of access to abutting property.

Appeal Board. "Appeal board" means the town council. It may hear and make determinations on appeals of those actions of the advisory agency relating to divisions of real property or conditions associated with such land divisions, or the design thereof as described in this title, except those conditions required by Chapter 13.04 of this code. The appeal board may add or delete conditions imposed by the advisory agency. (G.C. 66416)

Applicant. "Applicant" means the record owner, or his representative, of real property proposed to be subdivided, modified, merged, or reverted to acreage.

Bond. "Bond" means any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the town. All bonds shall be approved by the town council whenever a bond is required by this title.

Boundary Line Modification. "Boundary line modification" means a minor shift of existing property lines or other adjustment not creating a greater number of parcels than originally existed.

Building. "Building" means a structure having a roof supported by columns or walls, for the shelter, support or enclosure of persons, animals or property.

Certificate of Compliance. "Certificate of compliance" means a certificate recorded by the town which determines that the subdivision of real property complies with the provisions of the Subdivision Map Act and town ordinances enacted pursuant thereto. A recorded final map or parcel map shall also constitute a certificate of compliance with respect to the parcels of real property described therein.

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 the real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of the real property.

Conversion. "Conversion" means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings.

Covenant. "Covenant" means a binding agreement between a developer and the town in which the developer agrees to perform or have performed certain obligations as specified in the agreement. The covenant shall run with the land and be binding on subsequent owners of the property.

Cul-de-sac. "Cul-de-sac" means a street or series connection of streets that is closed on one end.

Dedication. "Dedication" means a grant to a public agency for the right to use a portion of real property for public purposes by the fee owner of the real property. The town may require the grant of real property to be in fee title.

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 and recreation purposes; (i) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of the general plan, or any applicable specific plan. (G.C. 66418)

Developer. "Developer" means the applicant for a subdivision, certificate of compliance, reversion to acreage, or boundary line modification.

Development. "Development" means uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. (G.C. 66418)

Easement. "Easement" means authorization by a property owner for the use by another, for a specified purpose, over any designated part of his property.

Environmental Impact Report (EIR). "Environmental impact report (EIR)" means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 22100 of the California Environmental Quality Act, and may mean either a draft or final EIR.

Frontage. "Frontage" means a portion of a parcel or lot that abuts one side of a street or road which allows the primary access.

Frontage, Double. "Double frontage" means the situation of a lot or parcel abutting two streets or roads which do not intersect at the property and having the right of access to both streets or roads.

General Plan. "General plan" means the general plan of the town or any element, section, or portion thereof.

Grade. "Grade" means the lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured.

Improvement. "Improvement" means street or road 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, roads, ways, or easements as are necessary for the general use of 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 thereof. In addition, "improvement" shall mean other specific improvements 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 town or any combination thereof, deemed necessary or convenient to ensure conformity to, or implementation of, the general plan or an adopted specific plan of the town. (G.C. 66419)

Licensed Surveyor. "Licensed surveyor" means a land surveyor properly licensed and registered in the state of California.

Lot. "Lot" means an area of real property with a separate number or other designation shown on a recorded parcel map, subdivision map, record of survey, or a land area legally created pursuant to applicable regulations in effect prior to the effective date of the state Subdivision Map Act or any local ordinance enacted pursuant thereto.

Lot, Corner. "Corner lot" means a lot situated adjacent to the intersection of two or more streets or roads.

Lot Depth. "Lot depth" means a minimum horizontal distance between the front and rear property lines measured along the median between the two side property lines.

Lot, Interior. "Interior lot" means a lot having no side property lines abutting a street, road, or road easement.

Lot Line, Front. "Front lot line" means the property line abutting the street or road on an interior lot. On a corner lot, the shorter property line abutting a street or the line designated as the front lot line by a subdivision or parcel map. On a lot with double frontage, the lot line abutting the street or road providing primary access to the lot. On a flag lot, the interior lot line designated as a front lot line by a recorded map, or the line determined by the town engineer to be the front lot line.

Lot Line, Rear. "Rear lot line" means a lot line not defined as a front or side lot line. For irregularly shaped lots, or lots bounded by only three lot lines, a line within the lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards and setbacks pertaining to rear lot lines.

Lot Lines. "Lot lines" means the lines bounding a lot or parcel.

Lot Width. "Lot width" means the distance between side lot lines, measured along the front setback line, except lots facing cul-de-sacs which shall have a lot width equal to the arc distance measured along the front setback line of the cul-de-sac.

Map, Final Subdivision. "Final subdivision map" means a map prepared by a registered civil engineer or licensed land surveyor and presented for recording. The map shall conform to an approved tentative subdivision map and meet the requirements of the Subdivision Map Act and this title.

Map, Parcel. "Parcel map" means a map prepared by a registered civil engineer or a licensed surveyor and presented for recording. The map shall conform to an approved tentative parcel map and meet the requirements of the Subdivision Map Act and this title.

Map, Plot. "Plot map" means a map drawn to scale showing the accurate boundaries of real property, and all structural improvements thereon, including, but not limited to, buildings, septic systems and ponds.

Map, Preliminary. "Preliminary map" means a map submitted to the planning department for recommendations prior to submission of the tentative map.

Merger. "Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.

Notice of Violation. "Notice of violation" means a certificate recorded by the town which determines that real property has been divided or has resulted from a division in violation of this title or the Subdivision Map Act.

Offsite. "Offsite" means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision or parcel map approval.

Owner. "Owner" means any person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to or sufficient proprietary interest in the land sought to be divided under this title.

Parcel. "Parcel" means a lot or an area not shown on any recorded parcel or subdivision map, which was lawfully created and contains the minimum square footage and frontage as required by the subdivision ordinance and zoning district at the time the parcel was created.

Pedestrian Way. "Pedestrian way" means a path designated for use by pedestrians, equestrians, and/or bicyclists, and not intended for use as a way for motor driven vehicular traffic.

Planning Commission. "Planning commission" means the town planning commission charged with the responsibility of performing the function and duties of the advisory agency.

Public Water Supply. "Public water supply" means a water supply provided by a local agency, publicly owned corporation or approved utility company, or any supply subject to provisions of the Health and Safety Code.

Record of Survey. "Record of survey" means a survey map prepared by a registered civil engineer or licensed land surveyor defining the points, land boundaries and property lines of a particular piece of real property.

Registered Engineer. "Registered engineer" means an engineer properly licensed and registered by the state of California.

Reimbursement Agreement. "Reimbursement agreement" means a written agreement between the town and a subdivider to reimburse the subdivider for that portion of the cost of improvement equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

Remainder. "Remainder" means that portion of an existing parcel which is not included as a part of the subdivided land.

Repeat Subdivision. "Repeat subdivision" means the redivision, one or more times, of any certain real property, either by the original subdivider or subsequent subdividers, regardless of any changes in the equalized county assessment roll regarding the subject property. Redivision means a substantial change in street/roadway alignment, lot design or drainage.

Right-of-way. "Right-of-way" means the portion of real property granted to the town to utilize the property for public street and drainage purposes. This grant includes the right for use by public utilities.

Road. "Road" means a right-of-way, easement, or other lot, privately owned which affords the primary means of access to abutting property.

Road Standard. "Road standard" means a type and design of a road or street as adopted by the town council to be used within the town.

Same Ownership. "Same ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his immediate family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

Setback Line. "Setback line" means a line within a parcel parallel or concentric to, and measured from, a corresponding street or road centerline, property line, or right-of-way line, forming the interior boundary of a required yard and governing the placement of structures and uses on the lot.

Street, Private. "Private street" means a right-of-way, easement, or other lot, privately owned which affords the primary means of access to abutting property.

Street, Public. "Public street" means a dedicated or publicly accepted and maintained thoroughfare affording the primary means of access to abutting property. The term "street" includes all land within the right-of-way thereof.

Subdivider. "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 oneself or for others; except that employees and consultants of persons or entities, acting in such capacity, are not "subdividers." (G.C. 66423)

Subdivision. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land or any portion thereof shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or in the future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined 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 existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision" includes any division of land by gift or inheritance (probate).

Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. (G.C. 66424)

Subdivision Improvement Standard. "Subdivision improvement standard" means standard specifications and plans, and other standards approved by the town engineer that shall govern the improvements to be constructed or installed pursuant to this title and the Subdivision Map Act.

Subdivision Map Act. "Subdivision Map Act" means state of California Government Code Sections 66410 to 66499.

Temporary Improvement. "Temporary improvement" means improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.

Tentative Map. "Tentative map" means a map made for the purpose of showing the design and improvements 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. (G.C. 66424.5)

Through Street. "Through street" means a street connected on both ends to the town street system such that all points in town can be accessed from either end of the street.

Vesting Tentative Map. "Vesting tentative map" means a map which meets the requirements of definition 64 above and Section 66452 of the California Government Code.

(Ord. 223 §§2—4, 1993; Ord. 203 §2 (part), 1990)