Article 2 — Definitions and Responsibilities

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section. The definitions set forth in this section shall apply to the provisions of this chapter only and shall not affect any other provisions of law.

(a)

Advisory Agency. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps (66415).

(b)

Block. The area of land within a subdivision which area is entirely bounded by streets, highways, or the exterior boundary or boundaries of the subdivision.

(c)

Board. The Board of Supervisors of the County of Siskiyou.

(d)

Condominium. 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.

(e)

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

(f)

Design.

(1)

Street alignments, grades, and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and the grades thereof;

(3)

The location and size of all required easements and rights-of-way;

(4)

Fire roads and fire breaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Other specific requirements in the plan and configuration of the entire subdivision as may be necessary to insure consistency with, or the implementation of, the General Plan or any adopted Specific Plan (66418).

(g)

Double frontage. A lot which fronts upon two (2) parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

(h)

Environmental Impact Report (EIR). 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 a final EIR.

(i)

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

(j)

General Plan. The General Plan of Siskiyou County, adopted August 12, 1980, and any amendments thereto.

(k)

Improvement.

(l)

"Improvement" refers to street work, storm drainage, 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.

(2)

"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 local agency, or by a combination thereof, is necessary or convenient to insure consistency with or the implementation of the General Plan or any adopted Specific Plan (66419).

(1)

Initial study. An initial study identifies potentially significant effects on the environment, including revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review which would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur.

(m)

Land Development Manual Standards. Standard specifications and plans and other standards approved by the Board which standards shall govern the improvements to be constructed pursuant to this chapter and the Subdivision Map Act.

(n)

Lot. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map, or by metes and bounds for the purpose of sale, lease, or separate use.

(o)

Lot line adjustment. A lot line adjustment between two (2) 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, provided the lot line adjustment is approved by the County. The County shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustments will conform to local zoning and building laws. The County shall not impose conditions or exactions on its approval of a lot line adjustment, except to conform to local zoning and building laws or except to facilitate the relocation of existing utilities, infrastructures, or easements. 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 or record of survey which shall be recorded.

(p)

Merger. The joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

(q)

Negative declaration. A written statement briefly describing the reasons a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report.

(r)

Parcel map. A map showing a division of land of four (4) or less parcels as required by this chapter, or as required by Section 10-4.303 of Article 3 of this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act.

(s)

Peripheral street. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

(t)

Potable water. Water quality which meets State drinking water standards.

(u)

Public sewer. A sewer system or facility owned, operated by, or under the control of a public agency, district, property owners' association, or service area and available to more than one parcel, including collection, treatment, and disposal facilities.

(v)

Public water system. A system for the provision of piped water to the public for human consumption which system has five (5) or more service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

(w)

Remainder. When a subdivision, as defined in Section 66424 of the Government Code of the State, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

For such a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for the development of the remainder parcel is issued by the County or until the construction of the improvements is required pursuant to an agreement between the subdivider and the County. In the absence of such an agreement, the County may require the fulfillment of the construction requirements within a reasonable time following the approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the County that the fulfillment of the construction requirements is necessary for reasons of:

(1)

The public health and safety; or

(2)

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

A designated remainder may subsequently be sold without any further requirements of the filing of a parcel map or final map, but the County may require a certificate of compliance or conditional certificate of compliance.

(x)

Sanitary sewer. A sewage collection system for the purpose of carrying wastewater to a treatment facility.

(y)

Subdivider. 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 (66423).

(z)

Subdivision. The division, 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 unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. 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 of the State, a community apartment project, as defined in Section 11004 of the Business and Professions Code of the State, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code of the State. As used in this section, "agricultural purposes" shall mean the cultivation of food or fiber or the grazing or pasturing of livestock (66424).

"Subdivision" shall not include:

(1)

The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

(2)

Mineral, oil, or gas leases;

(3)

Land dedicated for cemetery purposes pursuant to the Health and Safety Code of the State;

(4)

A lot line adjustment;

(5)

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel;

(6)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(7)

The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 of the Government Code of the State or second units pursuant to Section 65852.2 of said Government Code, but this chapter shall be applicable to the sale or transfer, but not leasing, of such units; and

(8)

The subdivision of four (4) parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet.

(aa)

Subdivision Map Act. Sections 66410 through 66499 of the Government Code of the State.

(ab)

Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it (66424.5).

(ac)

Tentative parcel map. A map made for the purpose of showing the design and improvements of a proposed subdivision not requiring a final map and the existing conditions in and around the subdivision.

(ad)

Water supply. A sustained source of potable water shall be available to each parcel by an on-site drilled well, connection to a public water system, or other source approved by the Health Department.

(ae)

Zoning provisions. Chapter 6 of Title 10 of this Code or any ordinance enacted pursuant to zoning laws.

(§ II, Ord. 87-2, eff. March 12, 1987)

The County Counsel shall be responsible for approving as to form all subdivision improvement agreements.

(§ II, Ord. 87-2, eff. March 12, 1987)

The Board shall have final jurisdiction in the:

(a)

Approval of final maps;

(b)

Approval of improvement agreements;

(c)

Acceptance or rejection of any real property offered for dedication by map; and

(d)

Approval or denial of involuntary mergers and reversions to acreage.

The Board shall be the Appeal Board for decisions of the Planning Commission.

(§ II, Ord. 87-2, eff. March 12, 1987)

The Director of Public Works shall be responsible for:

(a)

Development standards and specifications for the design and construction of subdivision improvements;

(b)

Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the findings, together with any recommendations for approval or conditional approval of the tentative map, to the Planning Director;

(c)

The processing and certification of parcel maps and final maps and the processing and approval of subdivision improvement plans; and

(d)

The inspection, approval, and certification of subdivision improvements.

(§ II Ord. 87-2 eff. March 12, 1987)

The Planning Director shall be responsible for:

(a)

The processing of tentative maps and the collection of all required Planning Department deposits and fees;

(b)

Investigating proposed subdivisions for conformity to the General Plan and zoning provisions and reporting his findings to the Planning Commission; and

(c)

The processing and approval of tentative map amendments, lot line adjustments, voluntary mergers, and certificates of compliance. Administrative decisions by the Planning Director shall be subject to appeal to the Planning Commission.

(§ II, Ord. 87-2, eff. March 12, 1987)

The Planning Commission shall be responsible for:

(a)

The approval or denial of tentative maps;

(b)

The approval or denial of tentative parcel maps;

(c)

Reviews and recommendations on involuntary mergers;

(d)

The processing and approval of time extensions; and

(e)

Reviews and recommendations on reversions to acreage.

(§ II, Ord. 87-2, eff. March 12, 1987)

The County Health Officer shall be responsible for determining that subdivisions have adequate provisions for domestic water supply and sewage disposal.

(§ II, Ord. 87-2, eff. March 12, 1987)