Words used in this chapter, which are defined in the Map Act
but not specifically defined in this chapter, shall have the same
meaning as they do in the Map Act. Words used in this chapter which
are not defined in this chapter or in the Map Act shall have the same
meaning as in the Escondido Zoning Code. Whenever the following words
are used in this chapter, they shall have the meaning ascribed to
them in this division.
"Adjustment plat":
An adjustment to the property lot line(s) between two or
more existing lots by means of a plat prepared pursuant to Division
32.402 of this chapter and certified by the Director of Planning and
Building as having been approved pursuant to this chapter and filed
in the Planning Division.
"Advisory agency":
As the term is used in the Map Act (including Map Act section
66415) or this chapter, the advisory agency shall be defined as follows:
1.
The Planning Commission is hereby designated as the advisory agency as to the final review and decision for Tentative Subdivision Maps pursuant to section
32.105.03;
2.
The Director of Community Development is hereby designated as the advisory agency as to certificates of compliance pursuant to section
32.404.03, boundary adjustments, substantial compliance, environmental document certification (including environmental impact report addenda, mitigated negative declarations and categorical exemptions) pursuant to section
32.105.02, tentative map and tentative parcel map extensions of time pursuant to section
32.210.02, tentative map modification pursuant to section 32.211, minor modifications of design standards pursuant to section
32.105.05; and
3.
The City Engineer is hereby designated as the advisory agency as to the approval of Final Maps, Parcel Maps, minor modifications of design standards, Final and Parcel Map modifications and corrections, abandonment of public easements granted without remuneration, plan approval, acceptance of improvements as complete, filing of notices of completion, release of security pursuant to section
32.205.03, and the approval and execution of improvement agreements subject to this chapter, including pursuant to section
32.205.01.
"CEQA":
The California Environmental Quality Act, Public Resources
Code Sections 21000—21177, and the state CEQA Guidelines for
implementation prescribed by the Secretary for Resources.
"Certificate of compliance":
A document describing a unit or contiguous units of real
property and stating that the division thereof complies or conditionally
complies with applicable provisions of the Map Act and City ordinances
enacted pursuant thereto.
"Certified map":
A revised tentative map incorporating all modifications and
changes required by the Tentative Subdivision Map or Tentative Parcel
Map approval, which is determined by the Planning Division to be in
substantial conformance with the tentative map approval.
"City engineer":
As used in this chapter, City Engineer shall mean the City
Engineer of the City of Escondido or their authorized representative.
"Complete application":
Submittal of an application with all information required
to evaluate conformance with the General Plan and Zoning Code.
"Density":
The number of residential dwelling units per acre of lot
area excluding areas of remainder parcels, areas of nonresidential
development, the panhandle portion of a flag lot, and areas of dedication
for street rights-of-way, adjustments for floodways as defined by
the Federal Emergency Management Agency (FEMA — see Flooding
Map) or the City, slope categories, and other environmental factors
as designated.
"Discretionary action":
The review process which requires consideration of and action
on a request at a duly noticed public hearing by the Planning Commission
and/or the City Council, including, but not limited to, tentative
subdivision maps, variances, zone changes, general plan amendments,
conditional use permits, zoning code amendments, development agreements,
planned development proposals, annexations, and condominium permits.
"Final map":
A final map prepared pursuant to Chapter 2, Article 2 of
the Map Act in accordance with the approved or conditionally approved
tentative map.
"Improvement, on-site and/or off-site":
In addition to its definition in Section 66419 of the Map
Act, all those items necessary to satisfy the needs of the subdivision
including, but not limited to, local neighborhood traffic, drainage,
flood control, fire protection, sanitation and water requirements
as a condition prior to the approval of a Final Map or Parcel Map.
"Infill development":
Development that occurs on contiguous vacant lots scattered
within areas that are already predominantly developed or urbanized
to the highest intensity allowed by the Zoning designation and the
General Plan.
"Lot area":
The horizontal area within the boundary lines of a lot.
"Net lot area":
The horizontal area within the boundary lines of a lot exclusive
of:
1.
The area of any street or alley right-of-way, dedication, offer
of dedication, and road easements.
2.
Any fenced flood-control easement.
3.
Any portion of the lot which is less than 35 feet wide for a
distance of 50 feet or more and which is designed or used to provide
vehicular or pedestrian access to the part of such lot which is designed
for use as a building site.
"Map act":
The Subdivision Map Act as set forth in Division
2 of Title
7 of the
Government Code (Sections 66400 et seq.) of the State of California.
"Panhandle lot":
A lot having access to a street by a narrow extension of
the lot.
"Parcel map":
A map prepared pursuant to Chapter 2, Article 3 of the Map
Act in accordance with the approved or conditionally approved tentative
map.
"Remainder parcel":
That portion of land which is not divided for the purpose
of sale, lease, or financing when only a portion of real property
is subdivided, which meets the minimum development standards of the
General Plan and Zoning Code as if it were a lot.
"Resident purchase of a mobilehome park":
The purchase by existing residents of a mobilehome park for
the purpose of conversion to a mobilehome condominium project, mobilehome
stock cooperative or any similar project where the member of the project
owns a home ownership share, fee lot, or condominium unit.
"Substantial conformance":
A determination by the Director of Planning and Building
that a revised map complies with the conditions of the map approval
where no additional grading exemptions, units, property, or parcels
are involved, the approved minimum lot size is maintained, no significant
environmental impact is created, and the revisions are consistent
with the character of the original approval.
"Through lot":
A lot having a frontage on two parallel or approximately
parallel streets.
"Yield":
The maximum allowable number of dwelling units permitted
for a proposed subdivision, reflective of all General Plan and Zoning
Code criteria. The yield is the sum of the density calculations for
all lot area within each General Plan Land Use Designation and slope
category and/or other constrained land category. For the purpose of
calculating yield, the lot area excludes the area of remainder parcels,
areas of nonresidential development, and ultimate Circulation Element
street rights-of-way, and includes the area of any interior noncirculation
element streets. See "Yield Example."
"Zoning Code":
The Escondido Zoning Code, Chapter
33 of the Escondido Municipal Code.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. No. 2020-31R, § 6, 1-13-21; Ord. 2022-02, § 4, 1-26-22)