[Ord. No. 1034, § 1.]
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article as set forth below. All definitions provided in Chapter 1 (General Provisions) of this Code and all definitions provided in the Subdivision Map Act shall also be applicable to this chapter and said definitions are hereby incorporated by this reference as though fully set forth herein.
(a)
ACREAGE — Means any parcel of land which is not a lot, as defined
in this article, and those areas where a legal subdivision has not
been made previously, or where a legal subdivision has declared such
parcel as acreage.
(b)
ALLEY — Means a public thoroughfare through the middle of a
block giving access to the rear of lots or buildings.
(c)
ARTERIAL STREET — Means a street designed to carry high volumes
of local traffic and to interconnect the neighborhoods of the city.
(d)
BLOCK — Means 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 a subdivision.
(e)
BUSINESS AND PROFESSIONS CODE — Means the Business and Professions
Code of the State of California.
(f)
CITY STREET — Means 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.
(g)
CODE — Means the adopted City of Oakdale Municipal Code.
(h)
COLLECTOR STREET — Means a street, intermediate in importance
between a local street and an arterial street, which has the purpose
of collecting local traffic and carrying it to arterial streets.
(i)
COMMUNITY APARTMENT PROJECT — Shall be defined as provided
in Section 11004 of the Business and Professions Code.
(j)
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 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.
(k)
CONSTRUCTION STAR — Means any lot grading as defined within
the Uniform Building Code, the issuance of the appropriate permits,
or approval of improvement plans. "Completion" shall mean the improvements
are accepted.
(l)
CONDOMINIUM CONVERSION — Means the creation of separate ownership
of existing real property together with a separate interest in space
of residential, industrial or commercial buildings.
(m)
CUL-DE-SAC — Means a local street terminating in a circular
turnaround.
(n)
DAY — Means a calendar day unless otherwise specified.
(o)
DEPARTMENT — Means the community development department, or
public works department.
(p)
DESIGN — Means:
(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 configuration;
(6)
Vehicular and bicycle traffic access;
(7)
Grading;
(8)
Land to be dedicated for public use; 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.
(q)
DEVELOPMENT — Means 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.
(r)
DIRECTOR — Means the public works director or his designee.
(s)
EASEMENT — Means an easement dedicated to the city, which shall
be continuing and irrevocable unless formally abandoned by the city,
and any other easement whether owned by a public entity, public utility,
or private party.
(t)
ENVIRONMENTAL IMPACT REPORT (EIR) — Means 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.
(u)
EXPRESSWAYS — Means a street designed to handle regional traffic
demands, and thereby having a limited number of connections to the
local street network.
(v)
FINAL MAP — Means a map showing a subdivision of five or more
parcels for which a tentative and final map are 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.
(w)
GENERAL PLAN — Means the General Plan of the City of Oakdale,
adopted January 17, 1994, and all amendments thereto.
(x)
GOVERNMENT CODE — Means the Government Code of the State of
California.
(y)
IMPROVEMENT — Means 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.
(z)
INDUSTRIAL STREET — Means a street abutting or adjoining industrial
uses anticipated to carry heavy truck traffic.
(aa)
LOCAL STREET — Means a street designed to carry traffic from
collector streets into residential neighborhoods.
(bb)
LOT OR PARCEL — Means 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 or by the city under
the provisions of the Subdivision Map Act and of city ordinances in
effect at the time of such approval, for the purpose of sale, lease,
or financing.
(cc)
LOT LINE ADJUSTMENT — Means a minor shift or rotation of an
existing lot line or other adjustment where a greater number of parcels
that originally existed is not created, as approved by the subdivision
committee.
(dd)
MAJOR THOROUGHFARE — Means expressways, arterials, and collector
streets.
(ee)
MERGER — Means the joining of two (or more) contiguous parcels
of land under one ownership into one parcel.
(ff)
PARCEL MAP — Means a map showing a subdivision of four or less
parcels or as otherwise defined 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.
(gg)
PERIPHERAL STREET —Means an existing street whose right-of-way
is contiguous to the exterior boundary of a subdivision.
(hh)
PRIVATE STREET — Means 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.
(ii)
REMAINDER — Means that portion of an existing parcel which
is not designated on the required map as part of the subdivision.
(jj)
SPECIFIC PLAN — Means a planning document adopted by the city
council, in conformance with the specific plan enabling ordinance,
and utilized to implement the General Plan on an area specific basis.
(kk)
STANDARD ENGINEERING SPECIFICATIONS — Means those standard
subdivision improvement plans and specifications as prepared and/or
approved by the public works director.
(ll)
STOCK COOPERATIVE — Shall be defined as provided in Section
11003.2 of the Business and Professions Code.
(mm)
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 oneself or for others. Employees
and consultants of such persons or entities, acting in such capacity,
are not "subdividers."
(nn)
SUBDIVISION — Means 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, utility easements
or railroad rights-of-way. "Subdivision" includes a condominium project,
as defined in Section 1350 of the State Civil Code, a community apartment
project, as defined in Section 11004 of the Business and Professions
Code, and 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. "Subdivision" includes any 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.
(oo)
SUBDIVISION COMMITTEE — Means a committee comprised of the
community development director, and the public works director, or
their designees.
(pp)
SUBDIVISION MAP ACT — Means Government Code Sections 66410
et seq., inclusive.
(qq)
TENTATIVE MAP — Means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. "Tentative map" shall include a tentative map prepared in connection with a parcel map pursuant to the provisions of Article VI of this chapter.
[Ord. No. 1034, § 1.]
(a)
City attorney. The city attorney's responsibilities shall include
approving as to the form of all subdivision improvement agreements
and security, and all governing documents for a common interest development.
(b)
City council. The city council shall have final jurisdiction in the
approval, conditional approval or denial of final subdivision and
final parcel maps, and reversions to acreage. The city council shall
also have final jurisdiction in the approval, conditional approval
or denial of improvement agreements, deferred improvement agreements,
benefit districts, and determinations relating to parkland in-lieu
fees and land dedications.
The city council shall act as the appeal board for hearing appeals
of any planning commission action.
(c)
Planning commission. The planning commission's responsibilities
shall include approving, conditionally approving, or denying the applications
for tentative subdivision maps, vesting subdivision maps, as well
as tentative subdivision map extensions and amendments.
The planning commission shall act as the appeal board for hearing
appeals of any subdivision committee action.
(d)
Subdivision committee. There is hereby established a subdivision
committee comprised of the community development director, and the
public works director. The community development director shall act
as the chairman of the subdivision committee. A member of the subdivision
committee may designate and authorize a representative to act upon
his or her behalf. The subdivision committee's responsibilities
shall include:
(1)
The approval, conditional approval, or denial of tentative parcel
maps, as well as tentative parcel map extensions and amendments.
(2)
The approval of lot line adjustments, mergers, and certificates of
compliance.
(3)
Granting authorization to the city clerk for the acceptance of: (A)
parcel map dedications; and (B) off-site dedications lying outside
a subdivision boundary which require a separate grant deed.
(4)
Determinations of violations of the provisions of the Subdivision
Map Act or this chapter.
(e)
Public works department. The public works department's responsibilities
shall include:
(1)
Establishing design and construction details, standards and specifications.
(2)
Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Map Act and this chapter.
(3)
The processing and certification of final maps, and amended maps,
as well as the processing and approval of subdivision improvement
plans.
(4)
Examining and certifying that final maps and parcel maps are in substantial
compliance with the approved tentative map.
(5)
Determine the necessity for local benefit districts and apportionment
of costs relating thereto.
(6)
The approval of proposed street names.
(7)
The approval as to form of subdivision improvement agreements and
deferred improvement agreements.
(8)
The inspection, approval, and acceptance of subdivision improvements.
(f)
Community development department. The community development department's
responsibilities shall include the processing of tentative maps, parcel
maps, and reversions to acreage maps and the report of any subdivision
committee action to the planning commission.
