Chapter 16.08 — DEFINITIONS

The "advisory agency" for the administration of this title shall be the Trinity county planning commission. The advisory agency shall have the power and authority to approve, conditionally approve, or disapprove tentative maps of four or fewer parcels, parcel maps, lot line adjustments, or lot line mergers. The advisory agency shall regulate and control subdivisions in a manner set forth in the Map Act and this title. The advisory agency may delegate all or part of its functions to the subdivision review committee.

(Ord. 1080 §1(part), 1986)

"Approved access" means an irrevocable easement of record or an irrevocable easement established by a court of competent jurisdiction, appurtenant to the land which is proposed to be divided, providing access between the proposed subdivision and a county road or state highway; provided that access without such easements across land owned by the state or federal government, or Santa Fe Pacific Land Company may be acceptable under conditions specified by the subdivision improvement standards. In the event that access is provided by permit or similar instrument, the map of record shall clearly indicate this.

(Ord. 1080 §1(part), 1986)

"Certificate of compliance" means a document describing certain real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and of county ordinances enacted pursuant thereto.

(Ord. 1080 §1(part), 1986)

As it applies to determinations of the county surveyor, planning director, planning commission, and subdivision review committee relative to the adequacy of maps, "complete" means containing all information required by the subdivision improvement standards, this title, and the Subdivision Map Act.

(Ord. 1080 §1(part), 1986)

Consistent with the general plan and specific plans means compatible with the objectives, policies, general land uses, programs, and standards, specified in the general plan and specific plan.

(Ord. 1080 §1(part), 1986)

16.08.060 - Design.

"Design" includes: (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 requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the Trinity county general plan or any adopted specific plan.

(Ord. 1080 §1(part), 1986)

"Improvements" refers to such street work and utilities to be installed, or agreed 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. "Improvements" also refers to such other improvements, the installation of which, whether by the subdivider, by public agencies, by public utilities, by any other entity approved by the responsible county agency or official, or combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.

(Ord. 1080 §1(part), 1986)

16.08.080 - Land project.

"Land project" means a subdivision for which all of the following conditions exist:

A.

The subdivision contains fifty or more parcels, of which any fifty are not improved with residential, commercial, industrial, or institutional buildings and are offered for sale, lease or financing for purposes other than industrial, commercial, institutional, or commercial agricultural purposes;

B.

Less than one thousand five hundred registered voters reside within the subdivision or within two miles of the boundaries of the subdivision;

C.

The subdivision is not a community apartment project, a subdivision consisting of condominiums, or a stock cooperative (each of which are defined by state law). Lands owned or controlled by substantially the same entities or interests shall be deemed to be part of the same subdivision for the purposes of this definition.

(Ord. 1080 §1(part), 1986)

Latest equalized county assessment roll is the assessment roll in existence on the first Tuesday after the third Monday in August.

(Ord. 1080 §1(part), 1986)

"Lot line adjustment" means the relocation, modification or an elimination of a property line(s) between two 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.

(Ord. 1195 §1, 1995)

A "major lot line adjustment" means a lot line adjustment which represents a substantial rearrangement of existing parcels, requires a certificate of compliance for one or more of the affected parcels, requires relocation of a utility or roadway, or which, in the judgement of the planning director, a subdivision review committee member or planning commissioner, should be discussed in a public hearing.

(Ord. 1195 §2(part), 1995)

A "minor lot line adjustment" means a lot line adjustment which readily conforms with the county zoning ordinance and building ordinance and which requires no discretionary review. Approval of a minor lot line adjustment is considered a ministerial act.

(Ord. 1195 §2(part), 1995)

16.08.110 - Lot line merger.

"Lot line merger" means the combining of two or more parcels, where a greater number of parcels than originally existed is not thereby created.

(Ord. 1080 §1(part), 1986)

A "preliminary map" is less detailed than a tentative subdivision map. It is used by some subdividers to obtain staff suggestions on design and improvements. A preliminary map need not be prepared by a land surveyor or engineer.

(Ord. 1094 §7, 1987)

"Tentative subdivision map" means a study plan of the layout and design of the subdivision, the improvements proposed by the subdivider, and the existing conditions in and around the subdivision. The tentative subdivision map and the other information accompanying it are designed to provide information necessary to the persons who must review the map for compliance with this title and other laws.

(Ord. 1080 §1(part), 1986)

"Final map" means a formal map which divides or redivides the land into the lots shown on the map. This map must meet exacting requirements before it is recorded with the county recorder. A final map is required for all subdivisions creating five or more lots unless exempted by Government Code Section 66426.

(Ord. 1080 §l(part), 1986)

16.08.114 - Parcel map.

"Parcel map" means a formal map which divides or redivides the land into the lots shown on the map. This map must meet exacting requirements before it is recorded with the county recorder. A parcel map is required for all subdivisions that do not require a final map, unless it is waived as provided in Section 16.16.16.

(Ord. 1080 §1(part), 1986)

16.08.115 - Reversion to acreage map.

"Reversion to acreage map" means a formal map which, when recorded, eliminates all lot lines and easements shown on the map, except for those easements which are required to be retained.

(Ord. 1080 §1(part), 1986)

16.08.130 - Public waterway.

"Public waterway" means any of the following watercourses:

A.

Trinity River below Lewiston Dam;

B.

North Fork of the Trinity;

C.

New River;

D.

South Fork of the Trinity;

E.

Main trunk of the Eel River;

F.

North Fork of the Eel River up to Shannon Butte;

G.

Middle Fork of the Eel River;

H.

Mad River up to Ruth Reservoir;

I.

Trinity Lake;

J.

Lewiston Lake;

K.

Ruth Reservoir;

L.

Ewing Reservoir

(Ord. 1080 §1(part), 1986)

16.08.140 - Quarter-quarter division.

"Quarter-quarter division" means a subdivision where every parcel created by the subdivision has a gross area of forty or more acres or is a quarter-quarter section or larger.

(Ord. 1080 §1(part), 1986)

"Reasonable public access" means access by highway, foot trail, bike trail, horse trail, or other means to or along a river or stream or reservoir. In determining what is "reasonable" access, the planning commission and board of supervisors are required by the Subdivision Map Act to consider: (A) the size of the subdivision, (B) the type of riverbank and the various appropriate recreational, educational, and scientific uses possible there, (C) the likelihood of trespass on private property and reasonable means of avoiding such trespass, and (D) public safety and other such information as set forth in the State Map Act.

(Ord. 1080 §1(part), 1986)

"Reasonable public access easements" means such easements as defined in the State Map Act. Such easements also pertain to rivers, streams, and reservoirs. When read in context, "access" is used to

describe a route from a road to a riverbank in or on the border of a subdivision (para. 66478.4). This route need not cross the subdivision (para. 66478.8). "Easement," as used in paragraph 66478.5, is a right to use part of that same riverbank for recreational, educational, and scientific pursuits. The right to use the bank and the right to a usable route to get there are distinguishable rights.

(Ord. 1080 §1(part), 1986)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(Ord. 1080 §1-(part), 1986)

"Subdivision" means the division, by any subdivider, of any 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, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this chapter, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Ord. 1080 §1(part), 1986)

"Subdivision improvement standards" refers to the county[1 ] s subdi-vision improvement standards as adopted by the board of supervisors. (Ord. 1080 §1(part), 1986)

"Subdivision Map Act" refers to Division 2, commencing with Section 66410, of Title 7 of the Government Code of the state and all amendments thereto.

(Ord. 1080 §1(part), 1986)

"Vesting tentative map" means a tentative map for a residential subdivision that has printed conspicuously on its face the words "vesting tentative map" at the time it is applied for in accordance with Chapter 16.12 (Tentative Map), and is thereafter processed in accordance with the provisions in Chapter 16.16 (Parcel Map), or Section 16.24 (Final Map), unless otherwise specified. When a vesting tentative map is approved, the rules and regulations in effect on the date of approval will apply to the development of the project at the time of project development except as otherwise specified in this title.

(Ord. 1080 §1(part), 1986)

"Flag lot" means an existing or proposed lot which is designed in such a way that a portion of the lot is twenty-five percent or less in width than the average side lot line extends to the nearest access point or water supply. This definition is not intended to apply to large acreage lots (quarter-quarter size).

(Ord. 1080 §1 (part), 1986)

Chapter 16.09 - ADVISORY AGENCY

Sections :