This chapter defines terms and phrases used in this title that are technical or specialized, or that may not reflect common usage, and provides rules for the interpretation of the provisions and language of this title. The definitions of this chapter apply to the terms and phrases used in this title in addition to the definitions in Article 2, Chapter 1 of the Subdivision Map Act.
(Prior code § 18.20.010; Ord. 94-16, 1994)
It shall be the responsibility of the planning director to interpret the provisions of this title, subject to the following requirements:
A. 
Effect of Provisions.
1. 
Minimum Requirements. The regulations and standards set forth in this title shall be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title.
2. 
Effect Upon Private Agreements. It is not intended that these regulations are to interfere with or annul any easements, covenants or other agreement between parties. When these regulations impose a greater restriction upon the subdivision, development or use of land than are imposed or required by other ordinances, rules, regulations or by covenants, easements or agreements, these regulations shall control.
B. 
Language.
1. 
Word Construction. When used in this title, the words "shall" and "will" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular.
2. 
Number of Days. Whenever a number of days is specified in this title, or in any condition of approval or notice issued or given in compliance with this title, such number of days shall be deemed to be consecutive calendar days.
(Prior code § 18.20.020; Ord. 94-16, 1994)
The following definitions of the terms and phrases used in this title are arranged in alphabetical order.
"Approval"
includes both approval and approval with conditions.
"Block"
means a group of lots surrounded by streets or roads.
"Block length"
means the longest dimension of a block along a street or road.
"City council" or "council"
means the city council of the city of Buellton.
"Common interest development"
means and includes a condominium, community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351.
"Community apartment project"
means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon; as defined in Section 11004 of the Business and Professions Code and Section 1351(d) of the Civil Code.
"Condominium"
means, as defined by Civil Code Section 1351(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
"Department."
See "planning department."
"Design"
means (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including their alignments and grades; (3) location and size of all required easements and rights-of-way; (4) lot size and configuration; (5) traffic access; (6) grading; (7) land to be dedicated for park or recreational purposes; and (8) other specific physical requirements in the plan and configuration of an entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
"Director."
See "planning director."
"Feasible"
means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
"Final map"
means a final map prepared in compliance with Article 2, Chapter 2 of the Map Act and approved in compliance with Article 4, Chapter 3 of the Map Act.
"General plan"
means the city of Buellton general plan.
"Improvement"
means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, 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 map thereof. Improvement also refers to any other improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or by any other entity, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
"Lot."
See "parcel."
"Map Act."
See "Subdivision Map Act."
"Nonconforming parcel or lot"
means a parcel that was created in compliance with provisions of the Map Act, and the Santa Barbara County Code or city of Buellton Municipal Code that were applicable at the time of subdivision, but that no longer conforms with such provisions because of subsequent amendments to the Map Act, the Buellton general plan, and Buellton Municipal Code.
"Original parcel"
means a contiguous area of land under one ownership at the time of division, which is proposed for division under this title.
"Parcel map"
means the map described by Article 3, Chapter 2 of the Subdivision Map Act, which is required by this title to complete subdivision of four or fewer lots.
"Parcel or lot"
means:
1. 
A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map Act or this title to be recorded before sale of parcels shown on the map or plat, at the time the map was recorded;
2. 
A parcel of real property that has been issued a certificate of compliance as provided by Government Code Section 66499.35 and Section 18.06.200 et seq., of this title; or
3. 
A parcel of real property not described in (1) or (2) of this definition, provided the parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction which was record before the requirement of the filing of the subdivision map by the Subdivision Map Act or this title.
"Parks and recreation element"
means the parks and recreation element of the city general plan.
"Person"
means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
"Planned development"
means as defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium or stock cooperative) having either or both of the following features: (1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien up-on the separately owned lot, parcel, or area in accordance with Civil Code Section 1367.
"Planning department," or "department"
means the planning department of the city.
"Planning director," or "director"
means the director of the city planning department.
"Proposed parcel(s)"
means each separate parcel shown on a tentative map or lot line adjustment, as proposed by an applicant.
"Public road"
means a street or highway owned and maintained by the city, or the state of California.
"Public works" or "public works department"
means the city public works department.
"Public works director"
means the city public works director or designee of the director.
"Review body"
means the city planning commission serves as the review body assigned the authority for approval or disapproval of subdivisions proposing four or fewer lots, and the Buellton city council serves as the review body with the authority to approve or disapprove subdivisions of five or more lots, except as otherwise provided by this title.
"Stock cooperative"
means a development defined by Section 11003.2 of the Business and Professions Code and Section 1351(m) of the Civil Code, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.
"Subdivider"
means a person, firm, corporation, partnership or association, a governmental agency, public entity or public utility, or the grantor to any such agency, entity, utility or subsidiary, who proposes to subdivide for him or herself or for others, except employees and consultants or such persons or entities acting in such capacity.
"Subdivision Map Act" or "Map Act"
means Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments thereto.
"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 Santa Barbara 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 title, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.
"Tentative map"
means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.
"This code"
means the city of Buellton Municipal Code.
"Vesting tentative map"
means a map that is filed and processed in the same manner as a tentative map except as otherwise provided by this title or the Subdivision Map Act. At the time a vesting tentative map is filed it shall have the words "Vesting Tentative Map" printed conspicuously on its face.
"Zoning ordinance"
means the zoning title of the city of Buellton, Title 19 of the Buellton Municipal Code.
(Prior code § 18.20.030; Ord. 94-16, 1994)