§ 16.04

"Acreage" means a parcel of land which is not a lot, as defined in this title, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.

(Ord. 744 § 1 (part), 2005)

16.04.030 - Alley.

"Alley" means a public way to be used primarily for vehicular access to the back or side of a parcel of real property that otherwise abuts a street.

(Ord. 744 § 1 (part), 2005)

"Block" means an area of land separated from other areas by adjacent streets, rights-of-way, railroads, public areas or the subdivision boundary.

(Ord. 744 § 1 (part), 2005)

"City engineer" means the engineer of the city. The land surveying functions of the city engineer may be performed by a city surveyor if that position is created by the city and if registered by the State of California

license board or contracted with an outside land surveyor registered in the State of California.

(Ord. 744 § 1 (part), 2005)

16.04.060 - Collector street.

"Collector street" means a public street which is identified as a collector street by the Rohnert Park general plan.

(Ord. 744 § 1 (part), 2005)

16.04.070 - Community apartment project.

"Community apartment project" means a common interest development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located on it. (Civil Code § 1351(d), Business and Professions Code § 11004.)

(Ord. 744 § 1 (part), 2005)

16.04.080 - Condominium.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of the property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan. The condominium may be residential, industrial or commercial. (Civil Code § 783, 1351(f).)

(Ord. 744 § 1 (part), 2005)

16.04.090 - Conversion.

"Conversion" means the creation of separate ownership interests in an existing building.

(Ord. 744 § 1 (part), 2005)

16.04.100 - County.

"County" means Sonoma County.

(Ord. 744 § 1 (part), 2005)

16.04.110 - County recorder.

"County recorder" is the Sonoma County recorder.

(Ord. 744 § 1 (part), 2005)

16.04.120 - Cul-de-sac.

"Cul-de-sac" means a street which connects to another public street only at one end and is not planned for later extension.

(Ord. 744 § 1 (part), 2005)

16.04.130 - Days.

"Days" means calendar days unless this title or state law specifies otherwise.

(Ord. 744 § 1 (part), 2005)

16.04.140 - Dedication.

"Dedication" means the transfer by a subdivider to a public entity of title to real property or an interest therein, or of an easement or right in real property, the transfer of facilities, the installation of improvements or any combination of these.

(Ord. 744 § 1 (part), 2005)

16.04.150 - Department.

"Department" means the planning and community development department of the city.

(Ord. 744 § 1 (part), 2005)

16.04.160 - 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 recreational purposes; and

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.

(Ord. 744 § 1 (part), 2005)

16.04.170 - Development.

"Development" means the 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.

(Ord. 744 § 1 (part), 2005)

16.04.175 - Director.

"Director" means the director of the planning and community development department of the city.

(Ord. 744 § 1 (part), 2005)

16.04.180 - Environmental quality act.

"Environmental quality act" means the California Environmental Quality Act and its implementing guidelines.

(Ord. 744 § 1 (part), 2005)

"Engineering geologist" means a geologist who is certified in the state of California to practice engineering geology. "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

(Ord. 744 § 1 (part), 2005)

16.04.200 - Final map.

"Final map" means a map showing a subdivision of five or more lots, prepared in accordance with the provisions of the Subdivision Map Act.

(Ord. 744 § 1 (part), 2005)

16.04.210 - Flood control district.

"Flood control district" means the Sonoma County Water Agency.

(Ord. 744 § 1 (part), 2005)

16.04.220 - Flood hazard.

"Flood hazard" is the threat of overflow storm waters having the capability to flood lands or improvements, transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of channels.

(Ord. 744 § 1 (part), 2005)

16.04.230 - General plan.

"General plan" means the general plan of the city and all amendments to it.

(Ord. 744 § 1 (part), 2005)

16.04.240 - Grading ordinance.

"Grading ordinance" means the grading ordinance of the city and all amendments to it.

(Ord. 744 § 1 (part), 2005)

16.04.250 - Improvements.

"Improvements" refers to:

A.

Street work, sidewalks, curbs, gutters, driveways, storm-drainage facilities, water mains, sanitary sewers and facilities, public utilities, landscaping and fences to be installed by the subdivider on the land to be used for public rights-of-way, private streets and easements as a condition of map approval; and

B.

Any other improvements necessary to implement the general plan or a specific plan and as defined by Section 66419 of the Subdivision Map Act.

(Ord. 744 § 1 (part), 2005)

16.04.260 - Improvement plan.

"Improvement plan" means an engineering plan submitted by a registered civil engineer showing the location and construction details of the streets, roads, drainage facilities, sanitary sewers, water mains and the pertinent structures and other on-tract and off-tract improvements required for a subdivision.

(Ord. 744 § 1 (part), 2005)

16.04.270 - Lot.

"Lot" means a parcel or portion of land separate from others and delineated or described as a single integral unit on a subdivision map or by such other map approved under the Subdivision Map Act.

(Ord. 744 § 1 (part), 2005)

"Lot line adjustment" means a shift or rotation of an existing lot line between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater or lesser number of parcels than originally existed is not created.

(Ord. 744 § 1 (part), 2005)

16.04.290 - Major street.

"Major street" means a public street which is identified as a major street by the Rohnert Park general plan.

(Ord. 744 § 1 (part), 2005)

16.04.300 - Major subdivision.

"Major subdivision" means the subdivision of land into five or more parcels or lots.

(Ord. 744 § 1 (part), 2005)

16.04.310 - Merger.

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

(Ord. 744 § 1 (part), 2005)

16.04.320 - Minor subdivision.

"Minor subdivision" means the subdivision of land into four or fewer parcels or lots.

(Ord. 744 § 1 (part), 2005)

16.04.330 - Parcel map.

"Parcel map" means a map showing a subdivision of four or fewer lots, or a subdivision for which a parcel map is authorized and prepared in accordance with the Subdivision Map Act and this title.

(Ord. 744 § 1 (part), 2005)

16.04.340 - Planning commission.

"Planning commission" means the planning commission of the city.

(Ord. 744 § 1 (part), 2005)

16.04.350 - Private street.

"Private street" means any street that is not a public street.

(Ord. 744 § 1 (part), 2005)

"Public street" means a street for which the right-of-way is owned by or offered for dedication to the public and accepted by the city.

(Ord. 744 § 1 (part), 2005)

16.04.370 - Registered civil engineer.

"Registered civil engineer" means a civil engineer registered by the state of California and doing work consistent with the engineer's authority under the California Business and Professions Code and the State Board of Registration for Professional Engineers and Land Surveyors. (Business and Professions Code §§ 6700, 8700.)

(Ord. 744 § 1 (part), 2005)

16.04.380 - Remainder or designated remainder.

"Remainder" or "designated remainder" means that portion of an existing parcel which is designated on the required map as not a part of the subdivision. It is that portion not divided for the purpose of sale, lease or financing. The remainder is not counted as a parcel for the purpose of determining whether a final or parcel map is required. A remainder of five acres or more need not be shown on the map, and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.

(Ord. 744 § 1 (part), 2005)

16.04.390 - Scenic easement or open space easement.

"Scenic easement" or "open space easement" means an easement granted to the public whereby the owner relinquishes or limits the right to construct improvements on the land.

(Ord. 744 § 1 (part), 2005)

16.04.400 - Soil engineer.

"Soil engineer" means a state of California registered civil engineer whose field of expertise is soil mechanics.

(Ord. 744 § 1 (part), 2005)

16.04.410 - Standard engineering specifications.

"Standard engineering specifications" means those standard specifications and standard details for public improvements prepared by the city engineer and adopted by resolution of the city council.

(Ord. 744 § 1 (part), 2005)

"Stock cooperative" means a common interest development in which a corporation is formed primarily for the purpose of holding title to improved real property, and substantially all of the shareholders receive a right of exclusive occupancy in a portion of the property. (Civil Code § 1351(m), Business and Professions Code § 11003.2.)

(Ord. 744 § 1 (part), 2005)

"Street" means a strip of land which provides access to lots. Street includes a public or private street, avenue, road, highway, lane, alley, court, square, crossing or intersection.

(Ord. 744 § 1 (part), 2005)

"Subdivider" means a person who proposes to divide, divides or causes to be divided real property into a subdivision.

(Ord. 744 § 1 (part), 2005)

16.04.450 - Subdivision.

"Subdivision" means the division of land for the purpose of sale, lease or financing, whether immediate or future. The land may be improved or unimproved and is that land shown on the latest equalized county assessment roll as a unit or as contiguous units. Property is considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes condominium projects, community apartment projects and stock cooperatives.

(Ord. 744 § 1 (part), 2005)

16.04.460 - Subdivision committee.

"Subdivision committee" means a committee of the city consisting of the director or his/her designee, the city engineer or his/her designee and one planning commissioner designated by the planning commission.

(Ord. 744 § 1 (part), 2005)

16.04.470 - Subdivision Map Act.

"Subdivision Map Act" is Government Code Section 66410 et seq.

(Ord. 744 § 1 (part), 2005)

16.04.480 - 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 preparatory to the approval of a final map or parcel map.

(Ord. 744 § 1 (part), 2005)

"Vesting tentative map" is a tentative map for a subdivision that has printed conspicuously on its face the words "vesting tentative map" at the time it is filed with the city.

(Ord. 744 § 1 (part), 2005)

Chapter 16.06 - ADMINISTRATION AND RESPONSIBILITIES