Tustin Municipal Code Part 4 Definitions

Words and phrases used in this Chapter are as defined in the Subdivision Map Act and Chapter 2 (Zoning) of Article 9 of this Code unless set forth below. If any word or phrase is not defined, the dictionary definition shall prevail.

"Acreage" shall mean any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.

"Advisory agency" shall mean a designated official or an official body charged with making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon or having authority by the Subdivision Code to approve, conditionally approve or disapprove subdivisions.

"Appeal board" shall mean a designated board or other official body charged with making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.

"Amending Map" shall mean a map filed in accordance with the Subdivision Code to correct or amend a recorded final map.

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

"Business and Professions Code" shall mean the Business and Professions Code of the State of California.

"City Clerk" shall mean and refer to the City Clerk of the City of Tustin unless otherwise specified.

"City Engineer" shall mean the City Engineer of the City of Tustin unless otherwise specified. The City Engineer may delegate land surveying functions to a person authorized to practice land surveying either with City staff or through a City contract.

"Community apartment project" shall have the same meaning as provided in Section 1351 of the Civil Code.

"Condominium" shall have the same meaning as provided in Section 1350 of the Civil Code. "Council" shall mean and refer to the City Council of the City of Tustin as established by City Ordinance.

"County" shall mean the County of Orange.

"County Recorder" shall mean the County Recorder of the County of Orange.

"County Surveyor" shall mean the County Surveyor of the County of Orange.

"Conversion" shall mean the creation of separate ownership of existing real property together with a separate interest in the space within residential, industrial or commercial buildings.

"Day" shall mean a calendar day unless otherwise specified.

"Department" shall mean the Community Development Department of the City of Tustin unless otherwise specified.

"Director" shall mean the Director of the Community Development Department unless otherwise specified.

"Easement" shall mean a nonpossessory right, interest or privilege that the City, other public entity or private party has in another's land.

"Environmental impact report (EIR)" shall mean a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., and State and City CEQA Guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

"Environmental subdivision" shall have the same meaning as provided in Government Code section 66418.2(a).

"Fair market value" shall mean the value of property as determined by the Advisory Agency based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the subdivider. The determination of "Fair Market Value" shall consider the value of a buildable acre of land at the time of development. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit.

"Final map" shall mean a final tract or parcel map prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of the County Recorder.

"General plan" shall mean the General Plan of the City of Tustin.

"Government Code" shall mean the Government Code of the State of California.

"Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping 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 acceptance of the final map thereof.

"Improvement" shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

"Legislative body" shall mean and refer to the City Council of the City of Tustin.

"Lot" shall mean a unit or portion of land separate from other units or portions by description, as on a final map, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and the City ordinances in effect at the time of such approval, for the purposes of sale, lease, or financing.

"Lot line adjustment" shall mean a modification of a lot boundary line or lines between two or more existing adjacent lots or parcels where a greater number of parcels than originally existed is not created.

"Merger" shall mean the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

"Notice of Findings" shall mean a statement adopted by a School Board, and forwarded to the Advisory Agency, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Section 65971 of the Government Code. The declaration of impact may include the schedule required by Section 65976 of the Government Code.

"Parcel" see "Lot".

"Parcel map" shall mean a map showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and this Chapter, prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of the County Recorder.

"Park" shall mean a parcel, or contiguous parcels of land which is owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tustin designates parks within the Tustin General Plan and the Subdivision Manual.

"Person" shall mean any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, the County, this and any other city or county, municipality, district, or other political subdivision, or any other group or combination acting as a unit.

"Planning Commission" shall mean and refer to the Planning Commission of the City of Tustin as established by City Ordinance.

"Remainder" shall mean that portion of an existing parcel which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision. A remainder of five (5) acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.

"Right-of-way" shall mean a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.

"Standard engineering specifications" shall mean those standard subdivision public improvement plans and specifications as prepared and/or approved by the City Engineer and those standard subdivision private improvement plans and specifications as prepared and/or approved by the Director of Community Development.

"Stock cooperative" shall be defined as provided in Section 1351 of the Civil Code.

"Street—Private" shall mean any street, access way, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Private streets shall be constructed in accordance with standard engineering specifications.

"Street—Public" shall mean any duly dedicated street, avenue, or the like which the City has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.

"Subdivider" shall be as defined in the Subdivision Map Act.

"Subdivision" shall be as defined in the Subdivision Map Act.

"Subdivision Map Act" shall mean the Subdivision Map Act of the State of California as provided in Government Code Sections 66410 et seq., inclusive.

(Ord. No. 1430, Sec. 2, 9-17-13)