Tracy Municipal Code Ch. 12.08 Definitions and Responsibilities

In this title, the following definitions, and those of the Subdivision Map Act, apply.

"Acceptance of improvements" means adoption of a resolution by the City Council, accepting of public improvements for City maintenance, or written acceptance by the City Engineer where authorized by the City Council.

"Access" means a vested right of a property owner to go and return from his or her land to a maintained public street or highway as approved by the City in accordance with this title. (Reference: section 12.36.050).

"Acreage" means any 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.

"Approved" includes approval subject to conditions, or conditionally approved.

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a condominium or other common interest development.

"Block" means the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary of the subdivision.

"City design documents" means all of the following (and modifications set forth in any specific plan):

Standard Plans;

Standard Specifications;

Design Standards;

Parks and Parkways Design Manual;

Storm Drainage Design Guidelines for Residential Areas.

Public Utilities Master Plans:

Wastewater Master Plan;

Water Master Plan;

Storm Drainage Master Plan;

Roadways Master Plan;

Public Facilities and Services Element.

"City Engineer" means the City Engineer of the City of Tracy or his or her designee.

"Community apartment project" is defined as provided in section 11004 of the Business and Professions Code.

"Community Development Director" means the department head responsible for the planning, building and redevelopment divisions of the City.

"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 or commercial. Commercial condominium includes a commercial, industrial or any non-residential condominium (Civil Code sections 783 and 1351(f)).

"Conversion" means the creation of separate ownership of existing real property together with a separate interest in existing space.

"County" means San Joaquin County.

"County Recorder" means the office of the County Recorder, San Joaquin County.

"Day" means a calendar day unless otherwise specified. If a deadline falls on a weekend or holiday, it is extended to the next working day.

"Declaration" means the document (covenants, conditions and restrictions (CC&Rs), or however titled) which contains the restrictive covenants of the development, consistent with California Civil Code section 1353.

"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.

"Department" means the Development and Engineering Services Department.

"Design" means: (1) street alignments, grades, and widths; (2) water, drainage and sanitary facilities and utilities, including alignments and grades; (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) 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, any applicable specific plan, the Subdivision Map Act, or the City's design documents.

"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.

"Director" means the City Director of Development and Engineering Services or his or her designee.

"Environmental review" means compliance with the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA guidelines and the City's CEQA guidelines.

"Final subdivision map" means a map showing a subdivision of five (5) or more lots, prepared in accordance with the Subdivision Map Act and this title.

"Frontage street" means an existing or future right-of-way contiguous to the exterior boundary of a subdivision.

"General Plan" means the Urban Management Plan/General Plan (1993) of the City and all amendments to it.

"GIS" means geographic information system.

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

"Improvement" includes, but is not limited to, street work, sidewalks, curbs, gutters, driveways, storm drainage facilities, water lines, sanitary sewers and facilities, public utilities, including existing overhead utilities required to be underground, landscaping and fences or walls to be installed by the subdivider on land to be used for public right-of-way, private streets and easements, street lights and any other improvements defined by section 66419 of the Subdivision Map Act.

"Licensed land surveyor" means a person licensed to conduct surveys under California Business and Professions Code section 8700 et seq.

"Lot" means a piece, plot or parcel of land or assemblage of contiguous parcels of land, as established by survey, plat or deed, having approved access as defined by this title.

"Lot line adjustment" means a change in an existing lot line or other adjustment 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 created, as approved by the City Engineer under sections 12.04.070 and 12.04.080.

"Master plans" means the following Public Utilities Master Plans:

Wastewater Master Plan;

Water Master Plan;

Storm Drainage Master Plan;

Roadways Master Plan;

Public Facilities and Services Element.

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

"Parcel map" means a map showing a subdivision of four (4) or fewer lots, or a subdivision under Government Code section 66426(a) through (d), prepared in accordance with the Subdivision Map Act and this title.

"Private street" means a street, accessway, or the like which is privately owned and maintained, and which is used as access to or within a development or subdivision.

"Qualified registered civil engineer" means an engineer registered with the State of California whose registration and experience authorizes the civil engineer to perform land surveying (typically all engineers registered prior to January 1, 1982 (RCE 33965 and below)).

"Remainder" means a portion of a subdivision which is not divided for the purpose of sale, lease or financing. (Reference: section 12.12.030.)

"Scenic/view easement" means an easement dedicated to the City or general public that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development.

"Stock cooperative" is defined as provided in California Business and Professions Code section 11003.2 and Civil Code section 1351.

"Subdivider" means a person, firm, corporation, partnership, or association who owns the property or represents the owner and who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" means 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. Property is considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. This definition includes a condominium, community apartment project, stock cooperative, and a conversion.

"Subdivision Map Act" or "Map Act" means the State Subdivision Law, set forth at California Government Code, beginning with section 66410.

"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. Generally, a tentative subdivision map is prepared for a subdivision of five (5) or more lots, and a tentative parcel map is prepared for a subdivision of four or fewer lots.

"Vesting tentative map" means a tentative map that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed with the City, and is processed in accordance with chapter 12.28.

"Zoning regulations" means the zoning regulations of the City, found in title 10 of the Municipal Code.

(Ord. 1117 § 1, 2008; Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.101)

The City Council has final jurisdiction in the approval or denial of: final subdivision maps; subdivision improvement agreements; deferred improvement agreements; reversions to acreage; and the acceptance by the City of land and/or improvements proposed for dedication to the City.

The City Council is the appeal board for hearing appeals of Planning Commission decisions regarding subdivisions.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.102)

The Planning Commission is responsible for approving or denying an application for a tentative subdivision map or a vesting tentative subdivision map, and is the Appeal Board for hearing an appeal regarding a tentative parcel map. The Planning Commission also hears appeals from a decision of the City Engineer or Community Development Director, as provided in Section 12.12.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.103)

The City Attorney is responsible for approving as to form all subdivision improvement agreements and security, deferred improvement agreements, liability agreements and insurance, and all governing documents for a community apartment project, condominium, stock cooperative, or conversion.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.104)

The City Engineer is responsible for:

(a) Establishing design and construction details, standards and specifications;

(b) Determining if proposed subdivision improvements comply with the Subdivision Map Act and this title;

(c) Reviewing and approving or denying a tentative parcel map, in conjunction with the Community Development Director, and approving a parcel map;

(d) The processing and certification of final maps, reversion to acreage maps, and amended final maps and the processing and approval of subdivision improvement plans;

(e) The processing and approval of waivers of parcel map requirements, lot line adjustments (together with the Community Development Director), mergers and unmergers, and certificates of compliance:

(f) Examining and certifying that final and parcel maps are in substantial compliance with the approved tentative maps;

(g) Inspection and recommendation to City Council for acceptance of subdivision public improvements;

(h) Recommendations regarding the acceptance of dedications and public improvements for subdivisions of four (4) or fewer parcels, and off-site dedications lying outside a subdivision boundary which require a separate grant deed;

(i) Determinations of violations of the Subdivision Map Act or this title;

(j) Examining, processing and approving certificates of corrections as required.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.105)

The Community Development Director is responsible for:

(a) Determining whether proposed subdivisions conform to the general plan, any applicable specific plans, and the zoning regulations; and making recommendations for approval or denial to the Planning Commission for a tentative subdivision map, and to the City Engineer for a tentative parcel map;

(b) Certifying as Secretary of the Planning Commission, that the Planning Commission has approved, conditionally approved, or denied a tentative subdivision map;

(c) Scheduling, as Secretary of the Planning Commission, any appeal from a decision of the City Engineer or Community Development Director, under Section 12.12.060;

(d) Review and approval of a lot line adjustment (together with the City Engineer).

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.106)