Saratoga Municipal Code Art. 14-10 Definitions

The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Abutting" means having property lines in common.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Advisory agency" means the official body charged with the duty of making investigations and reports on proposed subdivisions, imposing requirements or conditions thereon, and having the authority to approve, conditionally approve, or disapprove maps. The advisory agency shall be the Planning Commission, as designated in Section 14-05.040 of this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways, or unsubdivided land.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"City Engineer" means such person designated by the Public Works Director as being responsible for the duties to be performed by the City Engineer under the provisions of this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Design" means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Section 66473.5 of the Map Act.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"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. No. 398, § 1(Att.), 12-20-2023)

"District" means a zoning district established under the provisions of the Zoning Ordinance.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Driveway" means a private roadway servicing a single site, the use of which is limited to persons residing or working on the site and their invitees, licensees, and business visitors, which provides access to off-street parking or loading spaces on the site.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Emergency access" means a minimum access street which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Final map" means a map showing a subdivision for which a tentative and final map is required by the Map Act or this Chapter, prepared and approved in accordance with the provisions of the Map Act and this Chapter and designed to be recorded in the office of the County Recorder.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line with the shortest dimension of the lot abutting on a street the designation of which does not result in the creation of a nonconforming lot with respect to frontage, width, or depth.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and any specific plan applicable to the site.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that:

(a) The applicant has identified all geological and geotechnical hazards and constraints present on the site..

(b) The applicant has evaluated those hazards and constraints identified in subsection (a) of this Section which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant. Identification and evaluation shall be pursuant to the methods set out in California Geological Survey Special Publications 117A and 42 and California Geological Survey Note 49.

(c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) of this Section as provided in the publications referenced therein.

(d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application.

Geotechnical clearance does not constitute and shall not be construed as constituting an approval or entitlement of any form or type.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Health Department means the County Department of Public Health.

(b) Health Officer means the County Director of Public Health or any other person duly authorized to act on behalf of the County Director of Public Health with respect to matters set forth in this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Hillside subdivision" means a subdivision of land having a lot slope of ten percent or greater.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Improvement" refers to any 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 thereof.

"Improvement" also refers to any 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 local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Lot" means a parcel of land consisting of a single lot of record.

(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described by metes and bounds or shown on a map of a subdivision, which has been so recorded.

(b) Corner lot means a lot situated at the intersection of two or more streets, or bounded on two or more connected sides by street lines.

(c) Interior lot means a lot other than a corner lot.

(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the applicable regulations of the Zoning Ordinance for site width. The length of a corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line.

(e) Hillside lot means a lot having a lot slope of ten percent or greater.

(f) [Reserved]

(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

(h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Lot line" means any boundary of a lot.

(a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, the lot line abutting a street designated as the frontage in accordance with Section 14-10.110, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front yard is measured. Width shall mean approximately parallel to the street; depth shall mean approximately perpendicular to the street. For irregularly shaped parcels, average lot depth and width shall be computed using the following formula and as shown in Figure 1, below:

1. Divide the front and rear property lines (to measure depth) or the side property lines (to measure width) to create eleven equally-distanced points across the lot (including the endpoints of each line).

2. Connect the points on the front property line to the corresponding point on the rear property line (to measure depth) or the points on each side of the property (to measure width) and measure the eleven distances between the property lines.

3. Average the eleven distances to find the width or depth.

Figure 1

[Figure]

(b) Rear lot line means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.

(c) Side lot line means any lot line which is not a front or rear lot line.

(d) Interior lot line means any lot line not abutting a street.

(e) Exterior lot line or street lot line means any lot line abutting a street.

(Ord. No. 398, § 1(Att.), 12-20-2023)

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

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Lot slope" means the average slope of the lot determined by the following formula, and rounded to the nearest whole percent:

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Map Act" means the State Subdivision Map Act as contained in Title 7, Division 2 (commencing with Section 66410) of the Government Code.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Means of access" is a street, right-of-way, easement, or other thoroughfare providing ingress to and egress from any site to a street.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Parcel" means a single unit of land.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Parcel map" means a final map for four or fewer lots or reversion to acreage pursuant to this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened or extended, and including all lands necessary for the building, widening or maintenance of any road, street, alley, or any other type of public right-of-way.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Property line" means any boundary of a lot or parcel.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Remainder" means that portion of an existing parcel which is not included as part of the subdivided land. The remainder must be shown on the required maps for the subdivision, except as otherwise provided in Section 66434(e) of the Map Act.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian, bicycle, or equestrian access, or public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, bicycle, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, bicycle, equestrian and utility easements.

(a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility.

(b) Private right-of-way means a right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity.

(c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Street" means a right-of-way for motor vehicle travel providing a means of access to two or more sites.

(a) Public street means a street owned and maintained by the City, the County, or the State, including streets offered for dedication which have been regularly maintained or improved by the City, the County, or the State.

(b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners to use such street.

(c) Street line means the boundary of a street right-of-way.

(d) Arterial street means a public street designated as an arterial in the General Plan.

(e) Collector street means a street which, because of its design and location with respect to other streets and other sources of traffic, is used to carry traffic from local streets to arterial streets.

(f) Hillside collector street means a collector street which traverses terrain having an average street slope in excess of ten percent.

(g) Local street means a street which, because of its design and location with respect to other streets, is used primarily for access to the abutting property.

(h) Hillside local street means a local street which traverses terrain having an average slope in excess of ten percent.

(i) Minimum access street means a private street that is improved to the standards of a local street, as set forth in Table I of this Chapter, which provides a means of access to a public street. While there may be existing minimum access streets in the City, no more minimum access streets shall be allowed.

(j) Cul-de-sac means any street having but one outlet for vehicular traffic, the terminus of said street having a vehicle turnaround enclosed by parcels of land.

(k) [Reserved.]

(l) Frontage road means a street adjacent and parallel to an arterial street, which is separated therefrom by a dividing strip.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Street slope" means the gradient measured as follows: the rate of ascent or descent expressed as a percent or as a decimal as determined by the ratio of the change in elevation to the length.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes, but is not limited to, retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height.

(a) Main structure means a structure housing the principal use of a site or functioning as the principal use.

(b) Accessory structure means a structure which is: (1) detached from any other structure on the lot such that the distance between any part of the two structures is thirty-six inches or more; (2) subordinate and incidental to, and customarily associated with, the main structure or the principal use on the lot; and (3) located on the same lot as the main structure or principal use. Notwithstanding the foregoing, an accessory dwelling unit is not an accessory structure as that term is used in this Code.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Subdivider" means any person, firm, corporation, partnership, or association who proposes to divide, divides or causes to be divided any real property into a subdivision for itself or for others, except that employees and consultants of such persons, acting in such capacity, are not "subdividers." The subdivider may be, but is not necessarily, the fee owner of the real property to be subdivided.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) "Subdivision" means either of the following, as the context provides:

(i) the act of dividing, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing, or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 4125 or 6542 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code. "Subdivision" also includes any division of land by gift, inheritance, or partition in kind.

(ii) the real property encompassed by a proposed division, including any remainder parcel.

Table I

(a) Total width between exterior curb faces or shoulder edges.

(b) PCC sidewalk.

(c) Including 10-foot median strip.

(d) A road identified as a school route in the 2022 Safe Routes to School Master Plan (SRTS) and/or a road with proposed pedestrian/bicycle improvements in the Bikeways and Sidewalks Master Plan (BSMP) and/or interim roads list approved by Council.

(e) New frontage roads shall not be constructed.

(f) Extra ROW buffer required on hillside roads for slope stabilization, on 2-lane arterials for future widening, on heritage roads for future parking, and on roads without sidewalks for pedestrian refuge area.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Tentative map means a map made for the purpose of showing the design and improvement 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.

(b) Vesting tentative map means a tentative map having printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed with the application for tentative approval in accordance with Section 14-20.030 of this Chapter and which, if approved, shall confer the rights set forth in Article 14-80 of this Chapter.

(Ord. No. 398, § 1(Att.), 12-20-2023)

"Zoning Ordinance" means the zoning ordinance of the City as contained in Chapter 15 of this Code.

(Ord. No. 398, § 1(Att.), 12-20-2023)