Tuolumne County Municipal Code Ch. 16.04 Definitions

Sections: 16.04.010 Access, required. 16.04.020 Adjacent property owner. 16.04.030 Adjoining. 16.04.040 Advisory agency. 16.04.050 Aggrieved party. 16.04.060 Appeal board. 16.04.070 Applicant. 16.04.080 Arterial. 16.04.090 Board. 16.04.110 Certificate of compliance. 16.04.120 Commission. 16.04.130 Condominium. 16.04.140 Contractor. 16.04.150 County surveyor. 16.04.160 Cul-de-sac. 16.04.170 Designated remainder parcel. 16.04.180 Development. 16.04.190 Director. 16.04.200 Drainage protection area. 16.04.210 Driveway. 16.04.220 Easement. 16.04.230 Easement, public. 16.04.240 Engineer. 16.04.250 Final map. 16.04.260 Fire flow. 16.04.270 Fire hazard reduction plan. 16.04.280 Flag lot. 16.04.290 General plan. 16.04.300 Gift deed. 16.04.310 Gross acreage. 16.04.315 High-water mark. 16.04.320 improvement. 16.04.330 Improvement plans. 16.04.345 Lot line adjustment. 16.04.340 Local road. 16.04.342 Lot. 16.04.350 Major collector. 16.04.360 Merger. 16.04.370 Minor collector. 16.04.380 Net acreage. 16.04.390 Owner. 16.04.400 Parcel. 16.04.410 Parcel map. 16.04.420 Private sewage disposal system. 16.04.430 Public sewer system. 16.04.440 Public water system. 16.04.450 Resubdivision. 16.04.470 Road.

16-4

16.04.480 Sale or lease. 16.04.490 Subdivider. 16.04.500 Subdivision. 16.04.510 Surveyor. 16.04.530 Tentative map. 16.04.540 Townhouse lot. 16.04.550 Turning-bulb. 16.04.560 Vesting tentative map. 16.04.570 Zoning ordinance.

required" means any road easement which meets the requirements of this title which has either been dedicated or deeded for the purpose of providing ingress and egress to the subject property. (Ord. 1562 ' 2 (part), 1987).

property owner", when used in this title to describe the types of notice of an action which must be given, means the owner of any real property, as shown in the latest information available in the county assessor's records, lying within the distance of the exterior boundary of the parcel for which an entitlement is sought as specified as follows:

Total Areas of Parcels Subject to Entitlement
Distance for Notification

Less than 2 gross acres 300 feet 2 gross acres to less than 10 gross acres

500 feet

of real property for which the board of supervisors is designated as having the final approval authority, the board of supervisors is charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extend of the design or improvements required by the advisory agency. (Ord. 1562 ' 2 (part), 1987). 10 gross acres or larger 1,000 feet

(Ord. 2465 ' 1 (part) 2002; Ord. 1562 ' 2 (part), 1987).

those which share a common property line. (Ord. 1562 ' 2 (part), 1987).

means an official body or a designated official 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 by local ordinance to approve, conditionally approve or disapprove maps. The board, the planning commission, the director or county surveyor shall act as an advisory agency, depending upon the type of proposed division.

The authority of each is set forth in the separate sections of this title for final maps and parcel maps. (Ord. 2864 § 2, 2007; Ord. 2325 ' 2, 2000; Ord. 1562 ' 2 (part), 1987).

means any person whose happiness or peace of mind is disturbed by the decisions or actions authorized by this title, or by the granting or denial of entitlements under this title. (Ord. 1562 ' 2 (part), 1987).

owner or his/her authorized agent who files an application for a division of land pursuant to the provisions of this chapter. (Ord. 1562 ' 2 (part), 1987).

that serves statewide and interstate travel, primarily federal and state highways. (Ord. 1562 ' 2 (part), 1987).

supervisors of the county of Tuolumne. (Ord. 1562 ' 2 (part), 1987).

16.04.100. (Repealed by Ord. 2132 ' 1, 1996; Ord. 1562 ' 2 (part), 1987).

16-5

"Certificate of compliance" means a written determination recorded in the office of the county recorder which states that one or more parcels of land complies with applicable provisions of the Subdivision Map Act and local ordinance. A certificate of compliance may be a separate written instrument referring to a previously recorded map, or a recorded final map, parcel map or official map. (Ord. 1562 ' 2 (part), 1987).

the planning commission of the county of Tuolumne. Refers to the Jamestown planning commission when property is located in their jurisdiction. (Ord. 1562 ' 2 (part), 1987).

means 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 such real property. A condominium may include, in addition, a separate interest in other portions of such real property. (Ord. 1562 ' 2 (part), 1987).

person or persons, firm, partnership, corporation or combination thereof who have entered into a contract with any person, corporation, company, developer, special district or the county of Tuolumne, or his/her or their legal representative, for the construction, or improvement of any road or other improvement required by this title. (Ord. 1562 ' 2 (part), 1987).

Surveyor" means a person licensed to practice land surveying and appointed by the board of supervisors to the position of county surveyor.
The consolidation of the office of county surveyor and any other county office shall not affect the authority of the county surveyor or any qualified deputy. (Ord. 2325 ' 3, 2000; Ord. 1954 ' 4, 1992; Ord. 1562 ' 2 (part), 1987).

street which connects with another street only at one end and has a turning bulb at the other end. (Ord. 1562 ' 2 (part), 1987).

"Designated remainder parcel" means any portion of a unit of land to be divided which is not included within the boundaries of the parcel or final map, and is not designated as a parcel for the purpose of sale, lease or financing. (Ord. 1562 ' 2 (part), 1987).

means the next permit or entitlement granted a developer by Tuolumne county after the property has received a zoning classification consistent with its general plan designation. In the case of a land division, "development" is approval of a final map or a parcel map. (Ord. 1562 ' 2 (part), 1987).

works director for the county of Tuolumne. (Ord. 1954 ' 5, 1992; Ord. 1562 '2 (part), 1987).

protection area" means a designated area adjacent to a drainage course, ephemeral, intermittent or perennial stream or domestic water supply canal, lake, reservoir or spring, in which no effluent from a subsurface sewage disposal field may be discharged. (Ord. 1562 ' 2 (part), 1987).

serves a single parcel, with not more than three dwelling units, and any number of accessory buildings. Two parcels may share a common driveway provided that the common portion of the driveway is a minimum of 18 feet in width, and easements have been established for used of the driveway by both parcels. (Ord. 2161 ' 2, 1996; Ord. 1562 ' 2 (part), 1987).

l6.04.220 Easement. An interest in real property giving a person or public entity other than the owner of a parcel, a right, to use that parcel, or a portion, or to prevent the owner=s use, for some specific purpose. Such specific purposes may include streets, alleys, bicycle paths, pedestrian facilities, equestrian trails, sanitary sewers, drainage, utilities or other public or private uses. (Ord. 2117 ' 1, (1995); Ord. 1562 ' 2 (part), 1987).

public" means an easement which has been dedicated or otherwise conveyed to a public

16-6

entity and accepted for use by the general public. (Ord. 1562 ' 2 (part), 1987).

person or persons legally authorized to practice civil engineering in the state of California who prepares or submits improvement plans and specifications to the department of public works of the county of Tuolumne for approval. (Ord. 2325 ' 4, 2000; Ord. 1562 ' 2 (part), 1987).

required by Government Code section 66426, showing a subdivision conforming to the conditions of an approved tentative map and the requirements of this Title, and prepared in accordance with the provisions of the Subdivision Map. (Ord. 2864 § 3. 2007; Ord. 1562 ' 2 (part), 1987).

required rate of flow in gallons per minute for a duration of two hours at a minimum residual pressure of twenty pounds per square inch under pumping draft. (Ord. 1562 ' 2 (part), 1987).

hazard reduction plan" means a plan and set of conditions imposed on development to insure that access, water availability, building construction, fuel load reductions etc., do improve the fire safety of the development. (Ord. 1562 ' 2 (part), 1987).

which meets the width requirement at the front building line but with a width of less than forty feet on that portion abutting a street (does not apply to double-frontage or corner lots). (Ord. 1562 ' 2 (part), 1987).

the Tuolumne county general plan, a comprehensive, long-term framework for the physical development of real property under the jurisdiction of the county. All development regulations and projects must be consistent with the policies of the general plan. (Ord. 1562 ' 2 (part), 1987).

for no fee. (Ord. 1562 ' 2 (part), 1987).

means total area of a parcel including easements, rights-of-way, lakes and streams. (Ord. 1562 ' 2 (part), 1987).

means the highest level to which water will rise in a reservoir, lake or pond before it overflows, unless otherwise established by county ordinance or by the agency having jurisdiction over the reservoir, lake or pond. (Ord. 2394 ' 1, 2001).

means such 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. (Ord. 1562 ' 2 (part), 1987).

plans" means engineered plans prepared by or under the direction of a civil engineer, licensed by the state of California, showing the location and construction details of all improvements required for the project. (Ord. 1562 ' 2 (part), 1987).

road that provides access to immediately abutting land uses or rural areas; provides service over relatively short distances compared to collectors and arterials. (Ord. 1562 ' 2 (part), 1987).

adjustment@ means the relocation of boundary lines between four or fewer existing adjoining lots or parcels that are not under common ownership, where the land taken from one lot or parcel is added to an adjoining lot or parcel, and where a greater number of lots or parcels than originally existed is not thereby created. (Ord. 2471 ' 2, 2002 (part); Ord. 2231 ' 2, 1996).

means a road that serves intraregional travel.
Average travel distances are shorter than on arterial routes. (Ord. 1562 ' 2 (part), 1987).

16-7

elimination of boundary lines between lots or parcels, without reverting to acreage, to join any number of separate and contiguous lots parcels under one ownership into one lot or parcel. (Ord. 2132 ' 3, 1996; Ord. 1562 ' 2 (part), 1987).

means a road that collects traffic from local roads and channels it to major collectors or arterials; serves to link locally important traffic generators. (Ord. 1562 ' 2 (part), 1987).

the area of a parcel excluding areas within deeded or dedicated road easements or road easements that have been offered for dedication, and less the area of any reservoir, lake or pond on the parcel as measured at the high-water mark where that area exceeds twenty percent of the gross acreage of the parcel, except the dedication of the area of any reservoir, lake or pond on a parcel shall not apply where such parcel is being reconfigured or merged with one or more parcels. (Ord. 2394 '2, 2001; (Ord. 1562 ' 2 (part), 1987).

holder of record of the surface rights for a particular property or premises. (Ord. 1562 ' 2 (part), 1987).

tract of real property created by a division of land which is legally separate from any adjacent property. (Ord. 1562 ' 2 (part), 1987).

map showing a subdivision, for which a final map is not required, conforming to the conditions of an approved tentative parcel map, when required, and to the requirements of this Title, and prepared in accordance with the provisions of the Subdivision Map Act. (Ord. 2864 § 5, 2007; Ord. 1562 ' 2 (part), 1987).

"Private sewage disposal system" means a septic tank with the effluent there from discharging into a subsurface disposal field or an approved engineered system. (Ord. 1562 ' 2 (part), 1987).

system" means a community or regional system for the collection, treatment and disposal of sewage which meets all applicable state and local laws. (Ord. 1562 ' 2 (part), 1987).

system" means a distribution system which provides potable water to residents or businesses of an area or community, and is operated by either an association, district, mutual or public utility company form of organization legally authorized to provide water. (Ord. 1562 ' 2 (part), 1987).

means the merger and resubdividing of parcels under common ownership, or the adjustment of boundary lines between two or more parcels under common ownership. A resubdivision may not increase the number of parcels. (Ord. 1562 ' 2 (part), 1987).

16.04.460. (Repealed by Ord. 2132 ' 4, 1996; Ord. 1562 ' 2 (part), 1987).

local road, minor collector and major collector.) (Ord. 1562 ' 2 (part), 1987).

any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, gift, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, gift intestate succession, or other written instrument. (Ord. 1562 ' 2 (part), 1987).

person, firm corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. An agent authorized in writing may act for a subdivider.
(Ord. 2325 ' 5, 2000; Ord. 1562 ' 2 (part), 1987).

the division, by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. (Ord. 1562 ' 2 (part), 1987).

16-8

person licensed to practice land surveying in the state of California; may include a registered civil engineer who is authorized to practice land surveying in California. (Ord. 1562 ' 2 (part), 1987).

"Tentative map" or “tentative parcel map” means a map prepared in accordance with the provisions of this Title for the purpose of initiating a division of land. The tentative map shall show the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. (Ord. 2864 § 6, 2007; Ord. 1562 ' 2 (part), 1987).

means 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 a residential, industrial, or commercial unit and the land under such unit. A townhouse may include, in addition, a separate interest in other portions of such real property. (Ord. 1562 ' 2 (part), 1987).

a circular, improved surface at the closed end of a cul-de-sac intended for the turning of vehicles. (Ord. 1562 ' 2 (part), 1987).

tentative maps means 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 Chapter 16.20 (Vesting tentative maps-Filing and processing), and is thereafter processed in accordance with the provisions of this chapter. (Ord. 1562 ' 2 (part), 1987).

ordinance" refers to Title 17 of the Tuolumne County Ordinance Code otherwise known as the "Tuolumne County Uniform Zoning Ordinance Code," and all amendments thereto. (Ord. 1562 ' 2 (part), 1987).

16-9