The definitions in the Subdivision Map Act shall govern the meaning of words in this Subdivision Code, except as follows:
Terms Used in this Code
Equivalent Terms in Subdivision Map Act
Final tract map
Final map
Tract map
Final map
Final parcel map
Parcel map
Tentative tract map
Tentative map
Tentative parcel map
Tentative map
(Added by Ord. 95-03, 2/14/95)
Unless otherwise defined in this Subdivision Code, words and phrases used in this Subdivision Code shall be deemed to have the same meaning applied to them in the Dana Point Zoning Code, the Dana Point Grading and Excavation Code and the Subdivision Map Act.
(Added by Ord. 95-03, 2/14/95)
Advisory Agency.
The Planning Commission shall constitute the Subdivision Committee, which is designated as the advisory agency, as that term is used in the Subdivision Map Act.
Appeal Board.
The City Council is hereby designated as the Appeal Board, as that term is used in the Subdivision Map Act.
(Added by Ord. 95-03, 2/14/95)
"City Council"
means the City Council of the City of Dana Point.
"City Engineer"
means the Director of Public Works and Engineering Services.
"City standards"
means the Dana Point standard specifications as adopted by the City Council.
"Code"
means the Municipal Code of the City of Dana Point.
"Community apartment project"
means a project 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. A condominium may include in addition a separate interest in other portions of such real property.
"Condominium project"
means an entire parcel of real property divided or to be divided into condominiums, including all structures thereon.
"County"
means the County of Orange.
"County Recorder"
means the County Recorder of the County of Orange.
"County Surveyor"
means the County Surveyor of the County of Orange.
(Added by Ord. 95-03, 2/14/95)
"Driveway"
means a designated passageway providing vehicular access between a street and a garage or carport, a designated parking area, or other driveway or street. A driveway shall not be considered a street.
(Added by Ord. 95-03, 2/14/95)
"Easement"
means a recorded right or interest in the land of another, which entities the holder thereof to some use, privilege, or benefit out of or over said land.
"Engineering geologist"
means a person duly certified in the State of California to practice engineering geology.
(Added by Ord. 95-03, 2/14/95)
"Fee"
means the share of the cost of providing facilities attributable to a particular parcel of property and may include the provision of specified facilities or dedication of land for such facilities.
"Fee area"
means any area covered by a General Plan amendment, zone change, or other development approval which was granted subject to a condition that the developer pay a fee or fees.
"Final parcel map"
means a recorded parcel map that is in substantial conformance with an approved or conditionally approved tentative parcel map and complies with Section 7.03.040 of this Code.
"Final tract map"
means a recorded tract map that is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map and which is filed in compliance with the provisions of this Subdivision Code, the Subdivision Map Act and the Subdivision Manual.
"Flood-control work" or "drainage work"
means all means of conveying or storing stormwaters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood-control channels, and also the control of sedimentation.
"Flood hazard"
means the capability of flowing water or mixtures of soils and water to impair or to damage buildings and other structures, and their functions; to erode natural and modified land surfaces, including channels and watercourses; to inundate coastal land areas by either wave action or tidal forces; and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.
Flood hazard, possible.
"Possible flood hazard" means possible extension of areas denoted as "subject to flood hazard," including also the uncertainty of degree or extent of bank erosion.
"Floodplain"
means the land adjacent to a watercourse and other land areas susceptible to being inundated by water.
(Added by Ord. 95-03, 2/14/95)
"Hillside"
means a parcel of land or a definable portion thereof with an average slope of 10% or more or an average rise or fall of one foot or more vertically for each 10 feet horizontally.
(Added by Ord. 95-03, 2/14/95)
"Improvement"
means such street work and utilities to be installed or agreed to be installed on the land proposed to be subdivided by any person, firm, corporation, partnership or association 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 tract or parcel map thereof. "Improvement" also refers to such other specific improvement or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the City Council or a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.
"Inundation"
means ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.
(Added by Ord. 95-03, 2/14/95)
"Master plan of drainage"
means an engineering report adopted by the City Council, pursuant to Government Code Section 66483 which outlines the local drainage facilities (but not including necessary on-site or regional facilities), needed for proper development of a specific area of the City.
(Added by Ord. 95-03, 2/14/95)
"Person"
means 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, city and county, municipality, district, or other political subdivision, or any other group or combination acting as a unit.
"Planning Commission"
means the City of Dana Point Planning Commission, which shall constitute the Subdivision Committee. The Subdivision Committee is designated as the advisory agency, as that term is used in the Subdivision Map Act.
(Added by Ord. 95-03, 2/14/95)
"Remainder parcel"
means that portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map.
"Right-of-way"
means a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.
(Added by Ord. 95-03, 2/14/95)
Section.
A section of land is a division or parcel of land comprising one square mile or six hundred forty acres.
Slope, man-made.
"Man-made slope" means a manufactured slope consisting wholly or partly of either cut or filled material.
"Soil engineer"
means a civil engineer duly registered in the State of California whose field of expertise includes soil mechanics.
"Stock cooperative"
means as defined in the Subdivision Map Act and Civil Code Section 1351(m).
"Street"
means a public or private vehicular right-of-way, other than an alley or driveway, including both local streets and arterial highways.
"Subdivider"
means a person, firm, corporation, partnership or association who proposes to subdivide, divides, or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
"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 except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or 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. As used in this section "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.
"Subdivision Code"
means Title 7 of the Dana Point Municipal Code; the Dana Point Subdivision Code.
Subdivision Committee.
The Planning Commission shall constitute the Subdivision Committee, which is designated as the advisory agency, as that term is used in the Subdivision Map Act.
"Subdivision manual"
means a manual prepared by the City's Director of Community Development or his or her designee providing additional guidelines and requirements for compliance with Title 7 of this Code.
"Subdivision Map Act"
means Title 7, Division 2, Section 66410 et seq. of the Government Code, State of California.
(Added by Ord. 95-03, 2/14/95)
"Tentative parcel map"
means a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating less than five lots, less than five condominium units or a community apartment project containing less than five apartment units or where:
(a) 
The land prior to subdivision contains less than five acres, each parcel proposed to be created by the subdivision will abut on a maintained public street or highway and all dedications and improvements required by City standards will have been previously complied with;
(b) 
Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 20 feet to a maintained public street or highway;
(c) 
The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts streets or highways which have been approved by the City as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or
(d) 
Each parcel of land proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section of land.
"Tentative tract map"
means a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative or a community apartment project containing five or more apartment units, except as otherwise specified by Section 7.03.020 or Section 7.03.050.
"Territorial map"
means a map outlining the jurisdiction of a local agency or special district.
(Added by Ord. 95-03, 2/14/95)
"Vehicular access rights"
means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.
"Vesting tentative map"
means a map which may be developed in accordance with the development standards, rules and regulations in effect at the time the application for the map is deemed complete and which confers a vested right to proceed with development for a specified time after recordation.
(Added by Ord. 95-03, 2/14/95)