23.02.010 Definitions.
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases used in this title are defined in this section as set forth below. All definitions provided in this code and all definitions provided in the Subdivision Map Act shall also be applicable to this title, and said definitions are hereby incorporated by this reference as though fully set forth herein. Where two definitions conflict, the definitions in the Subdivision Map Act shall prevail over this title, and those in this title shall prevail over other titles of this code.
“Approved access” shall mean all-weather legal access that is traversable by an ordinary motor vehicle (i.e., standard passenger car).
“Average cross slope” or “average slope” shall mean the average degree of deviation of the surface of a parcel of land from the horizontal, expressed as a percentage. The following formula shall be used to determine the average cross slope of any given parcel:
S = (0.0023 (I)(L)) / (A)
Where:
S = The average cross slope of the ground in percent;
I = The contour interval in feet;
L = The combined length in feet of all contours on the parcel map; and
A = The area of the parcel in acres.
“Block” shall mean the area of land within a subdivision, which is entirely bounded by streets, highways or ways (except alleys), or the exterior boundary or boundaries of the subdivision.
“Building site” shall mean the designated area within an existing or proposed lot where structures may be located.
“Business and Professions Code” shall mean the Business and Professions Code of the state of California.
“CEQA” shall mean the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 and following).
“Certificate of compliance” shall mean a written statement approved by the Planning Director, to be recorded in the office of the County Recorder, that the lot referenced in said certificate is a legal lot, or will be considered a legal lot upon the fulfillment of certain conditions.
“Civil engineer” means a civil engineer registered by the state of California.
“Community apartment project” shall be defined as provided in Cal. Bus. & Prof. Code § 11004.
“Community plan” shall include area plans and specific plans.
“Condominium” shall mean 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 the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.
“Conversion” shall mean the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.
“County Engineer” means the County Engineer. Except where prohibited by statute, the County Director of Transportation may discharge all duties assigned to the County Engineer.
“County Surveyor” shall mean the County Surveyor of Sierra County.
“Department” shall mean the Planning Department of Sierra County.
“Design” shall mean: (1) street alignments, grades and widths; (2) drainage, water, sewer 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 fire breaks; (5) lot size and configurations; (6) pedestrian, equestrian and vehicular and bicycle 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, zoning code or CEQA.
“Development” shall mean 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.
“Deviation” shall mean an approval granted by the appropriate county decision-making body which has the legal effect of relieving an applicant from a requirement.
“Easement” shall mean an easement dedicated to the county, which shall be continuing and irrevocable unless formally vacated by the county, and any other easement whether held by a public entity, public utility or private party.
“Environmental impact report (EIR)” shall mean a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code § 21000 et seq., and state and county CEQA guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.
“Final map” shall mean a map for a subdivision for which a tentative subdivision and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the County Recorder.
“General plan” shall mean the currently adopted general plan of Sierra County and any applicable specific, area or community plan.
“Government Code” shall mean the Government Code of the state of California.
“Granting authority.” For purposes of this title, granting authority shall mean the officer, commission, board or employee responsible for the approval, conditional approval or disapproval of any entitlement in the first instance or responsible for the administration, interpretation or enforcement of the provisions of this title.
“High water line” means the land area subject to inundation by an intermediate regional flood that has a frequency of occurrence once in 100 years.
“Improvement plan” means an engineering plan submitted by a civil engineer and showing the location and construction details of all improvements required for a subdivision.
“Improvements” shall mean streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, fire protection facilities, 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 county, is necessary to ensure consistency with, or implementation of, the general plan, zoning code or CEQA. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.
The definition of “land project” is that set forth in Cal. Bus. & Prof. Code § 11000.5 and any amendments thereto.
“Lot” or “parcel” shall mean a unit or portion of land separate from other units or portions by description, as on a final map or parcel map, or by such other map approved by the county under the provisions of the Subdivision Map Act and of county ordinances in effect at the time of such approval, for the purpose of sale, lease or financing, or existing lots of record as of September 15, 1971.
“Lot line adjustment” shall mean a change in boundary line between two or more existing adjacent parcels where land is taken from one parcel and is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.
“Lot of record” shall mean a single parcel of land, the boundaries of which are delineated in the latest recorded parcel map, subdivision map, certificate of compliance or deed; provided, that such recorded deed does not create or attempt to create a lot in violation of the provisions of any applicable California Code or county ordinance.
“Merger” shall mean the joining of two or more contiguous parcels of land under one ownership into one parcel.
“Minimum lot size” shall mean the smallest permitted size of any newly created lot(s) or parcel(s). For lots less than five acres in size, all minimum lot sizes shall be net lot area. For lots five acres or more in size, all minimum lot sizes shall be gross lot area; except that up to, but not exceeding, 15 percent of the minimum lot size or maximum permitted density requirement may consist of any area required for new road dedication, or one-half of any existing public right-of-way abutting the property.
“Ordinance” shall mean SCC Title 23.
“Parcel map” shall mean a map prepared in compliance with Cal. Gov’t. Code § 66463 et seq., showing a subdivision of four or fewer parcels or a subdivision described in Cal. Gov’t. Code § 66426.
“Planning Commission” shall mean: (1) the Planning Commission of Sierra County; and (2) the advisory agency referred to in the Subdivision Map Act.
“Planning Director” shall mean the Planning Director for Sierra County or his designee.
“Preliminary soils report” means a report prepared by a civil engineer based upon adequate test boring or excavation describing the conditions of the soils in a subdivision and percolation tests describing the suitability for disposal of sewage in the proposed subdivision.
“Public utility” shall mean production, storage, transmission and recovery facilities for water, sewage, energy, communications and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission.
“Record title ownership” means fee title of record unless a leasehold interest is to be divided, in which case “record title ownership” shall mean ownership of record of such leasehold interest: “record title ownership” does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface.
“Remainder” shall mean that portion of an existing parcel which is not designated on the required map as a part of the subdivision for the purpose of sale, lease or financing, whether immediate or future. The remainder shall not be considered as part of the subdivision, but shall be shown on the required map as part of the area adjacent to the subdivision. A remainder of five 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.
“Standard engineering specifications” shall mean those standard subdivision improvement plans and specifications as prepared and/or approved by the Director of Public Works.
“Stock cooperative” shall be defined as provided in Cal. Bus. & Prof. Code § 11003.2.
“Street” shall mean a permanently reserved, public or private right-of-way which affords a principal means of vehicular, pedestrian and/or equestrian access to abutting or adjacent property, not including alleys or driveways. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.
1. “Alley” shall mean a public or private thoroughfare which affords a secondary means of access to abutting property and is not intended for general traffic circulation.
2. “Cul-de-sac” shall mean a minor street which cannot or need not be continued or extended through abutting property, and is not intersected by any other street or alley.
3. “Highway” shall mean a street which is used or designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a “state highway” or “arterial road” in the general plan.
4. “Local road” shall mean a street which is used or designed to be used for access to adjacent land uses.
5. “Major collector” shall mean a street which is used or designed to be used, or is necessary to carry intra-regional travel service, and designated as a “major collector” in the general plan.
6. “Minor collector” shall mean a street which is used or designed to be used, or is necessary to carry traffic from local roads and designated as a “minor collector” in the general plan.
7. “Private street” shall mean any street, accessway, 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.
“Subdivider” shall mean a person, firm, corporation, partnership or association 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” shall mean 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 shall be considered as contiguous units, even if it is separated by roads, streets or utility easements. “Subdivision” includes a condominium project, as defined in Section 1350 of the California Civil Code, a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Cal. Bus. & Prof. Code § 11003.2. “Subdivision” includes any divisions of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.
“Subdivision Map Act” shall mean Cal. Gov’t. Code §§ 66410 through 66499, inclusive.
“Tentative parcel map” shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it for which a parcel map is required.
“Tentative subdivision map” shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it for which a final map is required.
“Vesting tentative map” shall be defined as provided in Chapter 23.12 SCC. (Formerly 23.02.001)