Article 2 — Definitions

Whenever any words or phrases used in this chapter are not defined in this chapter but are defined in the Subdivision Map Act of the State or elsewhere in this title, such definitions shall be deemed incorporated in this chapter and shall apply as though set forth in full in this chapter. The words and phrases set forth in this article shall have the meanings respectively ascribed to them.

(Ord. 744-NS, eff. April 17, 1980)

(a) The Planning Commission shall constitute the “Advisory Agency” for divisions of real property which require the preparation of a tentative map and a final map pursuant to this chapter and the State Subdivision Map Act, where

such map proposes the division of real property into five (5) or more lots or parcels, tentative and parcel maps required by Government Code sections 66426(b) through (d) and for major modifications to such maps, as provided in Section

• 9-3.702(d) herein. In such capacity the Planning Commission is hereby empowered to approve, conditionally approve, or disapprove, a proposed subdivision.

• (b) The Community Development Director shall constitute the “Advisory Agency” for the following:

• (1) Divisions of real property which require the preparation of a tentative map and a parcel map pursuant to this chapter and the State Subdivision Map Act, where such map proposes the division of real property into four (4) or fewer lots or parcels and when required by Government Code Section 66426(a), and modifications there to, including time extensions for the recordation of the approved map;

• (2) Lot line adjustments;

• (3) Actions taken relative to waivers of parcel maps;

• (4) Certificates of compliance;

• (5) Cancellations of merger;

• (6) Minor modifications to approved tentative maps, including time extensions for the recordation of an approved tentative map, as provided in Section 9-3.702(d) herein.

In such capacity the Community Development Director is hereby empowered to approve, conditionally approve, or disapprove a proposed subdivision.

(c) The Director may designate an administrative hearing officer to consider applications described herein and, if such officer is designated, he or she shall have all the powers and duties granted to the Director herein.

Wherever the title “Community Development Director” is used in this chapter, it includes an administrative hearing officer designated by the Director.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 2, Ord. 899-NS, eff. October 22, 1985, and § 7, Ord. 1178-NS eff. April 27, 1993)

• (a) “Appeal Board” shall have the meaning ascribed to that term in the State Subdivision Map Act.

(b) The Planning Commission shall constitute the Appeal Board for all decisions rendered by the Community Development Director pursuant to the Director's authority as the Advisory Agency set forth in Section 9-3.202 herein.

(c) The Council shall constitute the Appeal Board for all decisions rendered by the Planning Commission pursuant to its authority as the Advisory Agency set forth in Section 9-3.202 herein, and pursuant to its authority as the Appeal Board for decisions rendered by the Community Development Director.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 7, Ord. 1178-NS, eff. April 27, 1993)

“City Engineer” shall mean the Public Works Director and duly authorized representatives. (Ord. 744-NS, eff. April 17, 1980)

“County Surveyor” shall mean the Director of the County Public Works Agency and his duly authorized representatives.

(Ord. 744-NS, eff. April 17, 1980)

“Flag lot” shall mean a lot which has at least six (6) courses or sides, at least three (3) of which form a staff which abuts a public or private access way and provides access to the rest of the lot. The staff shall be a minimum of fifty (50') feet in length, measured from the side abutting the public or private access way to the point at which the staff expands into the bulk or flag portion of the lot. The staff shall have a width not less than twenty (20’) feet nor greater than forty (40’) feet at its widest portion. A flag lot shall have two (2) separate front yards with two (2) front property line designations. One front yard shall be located in the staff portion adjacent to the street with a front property line separating the staff from a street. A second front yard shall be located in the bulk or flag portion of the flag lot with a front property line which closely parallels the street. A front yard in the flag portion of the lot may have a front property line designation that is closely perpendicular to a street where the perpendicular lot line is narrower than the lot line that closely parallels the street provided that the side yards of the flag lot are adjacent to side yards of adjoining lots. In the case of flag lots with zero lot line dwelling units, setbacks shall be in accordance with Section 9- 4.904(d)(2)(ii)(ad).

(Ord. 744-NS, eff. April 17, 1980, as amended by §1, Ord. 1214-NS, eff. June 20, 1994, and § 1, Ord. 1414-NS, eff. October 2, 2003)

“Geologically hazardous area” shall mean an area which may be affected by one or more of the geologic hazards discussed in the Seismic Safety Element of the General Plan of the City.

(Ord. 744-NS, eff. April 17, 1980)

“Hillside area” shall have the same meaning as set forth in subsection (n) of Section 7-3.06 of Chapter 3 of Title 7 of this Code.

(Ord. 744-NS, eff. April 17, 1980)

“Lot” shall have the same meaning as the word “parcel,” and the two (2) words shall be synonymous. (Ord. 744-NS, eff. April 17, 1980)

“Parcel” shall have the same meaning as the word “lot,” and the two (2) words shall be synonymous. (Ord. 744-NS, eff. April 17, 1980)

“Permanent domestic water supply” shall mean potable water in a quantity sufficient to adequately and continuously supply the total domestic requirements of all customers, including requirements for fire protection under maximum demand conditions, to be provided by a system approved by a public health agency of the State or the Environmental Health Division of the Environmental Resource Agency of the County. The potability shall be determined in accordance with standards established by the State and the Federal government. (Ord. 744-NS, eff. April 17, 1980)

“Public service easement” shall mean a non-fee City ownership of the right to install and maintain, among other things, street lights, street trees, sidewalks, street directional, advisory, and regulatory signs, underground vault vents, and water main blow-off and air vent valves. In addition, such term shall include a reservation of a public utility easement, the use thereof secured individually by each qualified public utility requiring use therein, and an easement for cable television purposes.

(Ord. 744-NS, eff. April 17, 1980)

“Stock cooperative apartment project” shall mean a stock cooperative as defined by Section 11003.2 of the Business and Professions Code of the State where the “improved real property” referred to in said section is residential real property, including, but not limited to, multi-family residential property, and where “exclusive occupancy in a portion of the real property” includes, but is not limited to, occupancy in a dwelling unit on the property. (Ord. 744-NS, eff. April 17, 1980)

“Subdivider” shall mean a person, firm, corporation, partnership, or association which proposes to divide, divides, or causes to be divided real property into a subdivision for himself or itself or for others. (Ord. 744-NS, eff. April 17, 1980)

“Subdivision” shall have the meaning set forth in the Subdivision Map Act in the Government Code of the State. (Ord. 744-NS, eff. April 17, 1980, as amended by § 24, Ord. 1250-NS, eff. January 9, 1996)

“Subdivision Map Act” shall mean the provisions of Sections 66410, et seq. of Division 2 of Title 7 of the Government Code of the State and such amendments and additions thereto as may be made from time to time by the Legislature of the State.

(Ord. 744-NS, eff. April 17, 1980)

“Tentative map” shall mean a nonrecordable map, made for the purpose of showing lots, subdivision design, improvements, existing conditions in and around the site, and such other information as required by Article 5 of this chapter.

(§ 1, Ord. 935-NS, eff. October 7, 1986)

“Vesting tentative map” shall mean a tentative map for a residential subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Article 8 of this chapter, and is thereafter processed in accordance with the provisions of that article. (§ 1, Ord. 935-NS, eff. October 7, 1986)