17.02 — DEFINITIONS

• A. The definitions and meanings of words and phrases, which are defined in the Subdivision Map Act, are used in this title as defined in this chapter, unless from the context thereof it clearly appears that a different meaning is intended. The word "may" indicates an action which is permissive. The word "shall" indicates an action which is mandatory. All words in the singular shall include the plural, and plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

"Abut" means to be contiguous to and in actual contact along a common line.

"Access road" means a road which connects a subdivision to a public road.

"Advisory agency" means a designated official or an official body defined in Section 66415 of the Subdivision Map Act; for the City of Wheatland, the advisory agency is the Wheatland planning commission.

"Alley" means any dedicated way intended for vehicular service to the rear or the side of property served by a public road.

"Approved" means approved by the city council, planning commission or by the department having jurisdiction on such matters, unless otherwise specified.

"Approved private road" means a strip of land approved by the city council for road purposes, which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

"Arterial," "collector," "local" streets and "alleys" mean roads designated as such in the circulation element of the general plan of the city, adopted by the city council.

"City engineer" means the registered civil engineer acting for the city either directly or through an authorized representatives.

"Common green subdivision" means a division of land in which there are both separately held parcels of land and commonly held parcels of land within the proposed development, the latter held undivided and in common by owners of the separately held parcels, all pursuant to a planned unit development approved in accordance with the provisions of the zoning ordinance of the city.

"Community apartment project" means a division of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

"Condominium" 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, such as an apartment, office or store.

"Corner lot" means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred thirty-five degrees.

"Council" means the Wheatland city council.

"County recorder" means the county recorder of the County of Yuba.

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City of Wheatland, CA § 17.02.010

SUBDIVISIONS

"Conveyance of land to public entity" means any conveyance of land to a governmental agency, public entity, public utility as defined in Section 66426.5 of the Subdivision Map Act.

"Dead-end road" (stub road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

"Dedicated road" means a right-of-way dedicated or offered for dedication to the city for road purposes, and legally accepted as such by the city.

"Dedication" means a transfer by a subdivider to the city, county, or city and county of title to real property or any interest therein, or of an easement or right in real property, the transfer of facilities, or the installation of improvements, or any combination thereof.

"Design" means:

• Street alignments, grades, and widths;

• Drainage and sanitary facilities and utilities including alignments and grades thereof;

• Location and size of all required easements and rights-of-way;

• Fire roads and firebreaks;

• Lot size and configuration;

• Traffic access;

• Grading;

• Land to be dedicated for park or recreation 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 or any applicable specific plan, or as may be necessary to provide for the public safety, health and welfare.

"Development" means the uses to which the land is put, which is the subject as defined in Section 66418.1 of the Subdivision Map Act.

"Director of public works" means the director of public works of the city acting either directly or through an authorized representatives, hereinafter referred to as the "director."

"Dividing strip" means a separation between opposite directional flows of traffic. It may also serve to separate a road or highway from the parallel frontage road which provides access to property.

"Double frontage lot" (or thorough lot) means a lot having frontage on two roads and having the right of access to both of those roads, but excluding corner lots.

"Easement for public road" means a right-of-way offered to the city for road purposes by a division of land. Upon acceptance by the city, it is deemed a city road.

"Existing lot or building site" means a designated lot or contiguous lots on a lawfully

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City of Wheatland, CA § 17.02.010

WHEATLAND CODE

§ 17.02.010

established subdivision map or record of survey so existing upon the effective date of the ordinance codified in this title or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title or such a lot or separate parcel of land previously or thereafter lawfully created.

"Expressway" means a highway for through traffic with full or partial control of access and generally with intersections at grade.

"Final map" means the official map which is recorded by the county recorder indicating the divisions of land within the subdivision. It shall conform with the requirements of Chapters 17.06 and 17.07 of this title.

"Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

"Frontage" means that portion of a parcel of property which abuts on a public or approved private road.

"Frontage road" (service road or outer highway) means those roads which parallel freeways, expressways, highways or other major streets, providing for access to abutting property or for circulation, and which are separated from the highway or street by a dividing strip.

"General plan" means the general plan of the city, adopted by the city council, which may include any of the elements listed in the Government Code of the state.

"Improvement" means any street work and utilities to be installed as defined in Section 66419 items (a) and (b) of the Subdivision Map Act.

"Improvement plans" means the plans, profiles, cross sections, and specifications of all proposed improvements, including the information required by Chapter 17.08 of this title.

"Improvement standards" means the same as standard specifications.

"Local road" means any public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

"Lot" means:

1. A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the county recorder; or

2. A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the county recorder and, abutting at least one public road or approved private road; or

3. A parcel of real property lawfully created and marketable under current subdivision laws of the state, and having legal right of vehicle access to a public road.

"Major street" means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used to carry heavy volumes of traffic through an urban area or between urban areas, which normally would require a street with four or more lanes.

"Map Act" means the Subdivision Map Act as set forth in Title 7, Division 2 of the Government Code of the State of California, commencing with Section 66410.

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City of Wheatland, CA § 17.02.010

SUBDIVISIONS

§ 17.02.010

"Master plan" means the same as general plan or any other overall plan developed and approved including zoning, streets, utilities, transportation, housing, environmental, and specific plans.

"Nonaccess line" means a line delineated on a subdivision map, or described in a deed, which is for the purpose of prohibiting access.

"Outlet" means a lot designated alphabetically on the subdivision map for specific use or nonuse.

"Owner" means the individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.

"Parcel map" means a map prepared for acceptance by the city and the county recorder in accordance with an approved tentative parcel map as provided for in Chapter 17.07 of this title and state laws.

"Person" means and includes any individual, firm, co-partnership, joint venture, association, corporation, estate, receiver, syndicate, or any group or combination acting as a unit, and plural as well as the singular number.

"Plan line" means a precise location for a future street right-of-way as shown on a specific plan.

"Planning commission" means the Wheatland planning commission.

"Private road" means the same as "approved private road."

"Public road" means any state highway, county or city street, avenue, highway or road which is within the maintained road system of the public agency having jurisdiction thereof or to be included within the maintained road system or by agreement between said agencies and the subdivider.

"Remainder parcels" means that portion of a subdivision designated by the subdivider on the tentative map or tentative parcel map, which is not being subdivided for the purpose of sale, lease or financing.

"Restricted access strip" means a strip of land not less than one foot in width for the purpose of regulating access to part-width and deadend roads until such time as such roads may be completed or extended.

"Secretary of the planning commission" means the secretary of the planning commission of the city, duly appointed by the city council, and includes staff designated or assigned to the review of subdivision maps.

"Front yard setback line" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom the perpendicular distance prescribed for the yard in the zoning district.

"Specific plan" (precise plan) means a plan for a specific area designated by the council, including all detailed regulations, conditions, programs and proposed legislation which shall be necessary or convenient for the systematic implementation of the general plan.

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City of Wheatland, CA § 17.02.010

WHEATLAND CODE

§ 17.02.010

"Standard specifications" means the design and improvement requirements established by the city council applicable at the time of approval of a tentative subdivision map or tentative parcel map as set forth in the city "Improvement Design Standards, Standard Details, and Technical Specifications" or any amendments thereto.

"Stub road" (dead-end road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

"Subdivider" means a person, firm, corporation, partnership or association as defined in Section 66423 of the Subdivision Map Act.

"Subdivision" means the division, by any subdivider, of any units as defined in Section 66424 of the Subdivision Map Act.

"Temporary turnaround" means a paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedication right-of-way or upon a temporary easement, to be obliterated when said road is extended.

"Tentative map" means a subdivision map defined in Chapter 17.05 of this title and made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. It is the map which is required to be presented to the city manager in order to officially commence the process of dividing land according to the requirements of this title. It shall conform with the requirements of Chapter 17.05 of this title.

"Tentative parcel map" means the tentative map for a division of land defined in Chapter 17.07 of this title which is required to be presented to the city in order to officially commence the process of dividing land according to the requirements of this title and shall conform with the requirements of Chapter 17.05.

"Through lot" means a lot having a frontage on two parallel or nearly parallel streets.

"Vesting tentative map" means a map which meets the requirements for a tentative map as specified in this section and Section 66452 of the Subdivision Map Act.

"Watercourse" means a strip of land over which water flows, having a definite bed, bank and channel wherein the water need not flow continually but usually flows in a particular direction.

"Zoning district" means a district established by the zoning ordinance contained in Title 18 of this code.

• B. Wherever a word or phrase used in the subdivision ordinance is not defined in the Map Act or in this title, and unless it appears otherwise from the context in which such word or phrase is used, it shall be construed harmonious with the definition or construction of such word or phrase as it may be used in the zoning ordinance in effect at the time.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

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City of Wheatland, CA § 17.03.010

SUBDIVISIONS