The following words and phrases shall have the meanings respectively ascribed to them.
(A) Definitions, "A".
ADVISORY AGENCY. The city official or body responsible for acting on an application, permit, or approval required by this chapter.
ALLEY. A way intended primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and providing only secondary access to such property.
APARTMENT. Apartment house as defined in § 5.04.010 of the Tulare Municipal Code.
APPEAL BOARD. A designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of
requirements or conditions, or the kinds, nature, and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.
APPLICANT. The owner(s), developer, or subdivider of a project as their interests may appear.
ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.
(B) Definitions, "B".
BICYCLE PATH. A path, trail, route, or land designated for use by bicycles and other non-motorized traffic.
BLOCK. An area of land entirely bounded, or to be entirely bounded, by streets, highways or ways, railroads, or subdivision boundaries, except alleys.
(C) Definitions, "C".
CENTERLINE. An imaginary or actual line dividing a road, street, or path into equal halves, often marked with a painted line.
CERTIFICATE. A formal, valid, written authorization.
CERTIFICATE OF COMPLIANCE. A certificate, recorded by the city, determining that the subdivision of real property complies with the provisions of the Map Act and city ordinances enacted pursuant to the Map Act. A recorded final subdivision map or parcel map shall constitute a certificate of compliance for the lots of real property described in the map.
CEQA. The California Environmental Quality Act, which provides an objective process to disclose and minimize environmental impacts.
CITY CLERK. The City Clerk of the City of Tulare and designated staff.
CITY ENGINEER. The City Engineer of the City of Tulare and designated staff. If registered as a civil engineer after January 1, 1982, the City Engineer shall not be authorized to prepare, examine, or approve surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be
performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act, Cal. Business and Professions Code §§ 8700 et seq. or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act, Cal. Business and Professions Code §§ 6700 et seq.
CITY COUNCIL. The City Council of the City of Tulare and designated staff.
COLLECTOR STREET. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.
COMMUNITY DEVELOPMENT DIRECTOR. The Director of the Planning Department and associated staff of the City of Tulare.
CONDOMINIUM. Includes the following:
(a) Real property consisting of an undivided interest in common in a portion of a lot of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property.
(b) A condominium project, as defined in Cal. Civil Code § 4125, containing two or more condominiums, as defined in Cal. Civil Code § 783.
(c) A community apartment project, as defined in Cal. Business and Professions Code § 11004, containing two or more rights of exclusive occupancy.
(d) A stock cooperative, as defined in Cal. Business and Professions Code § 11003,2, containing two or more separately owned lots or areas.
(e) Any other project as defined by state law, including developments which offer own-your-own or fee-ownership units, where the individual owns land directly below the "footprint" of the unit.
CONDOMINIUM CONVERSION. The conversion or division of a single ownership lot of existing improved real property, such as an apartment project into a condominium form of ownership involving separate ownership of individual units.
CUL-DE-SAC. A minor street which connects to another street at one end only.
(D) Definitions, "D".
DEDICATION. The deliberate setting aside of land by an owner for general or public use.
DEPARTMENT OF COMMUNITY DEVELOPMENT. The Department of Community Development of the City of Tulare.
DESIGN.
(a) Street alignments, grades and widths.
(b) Drainage and sanitary facilities and utilities, including alignments and grades.
(c) Location and size of all required easements and rights-of-way.
(d) Fire roads and fire breaks.
(e) Lot size and configuration.
(f) Traffic access.
(g) Grading.
(h) Land to be dedicated for park or recreational purposes.
(i) Other specific requirements in the plan and configuration of the entire subdivision as necessary or convenient to ensure consistency with, or implementation of, the General Plan and applicable specific plan, utility master plan, or similar plan-level document.
DEVELOPER.
(a) A person, firm, corporation, partnership, or association who proposes to construct, or constructs, or causes to be constructed, any development on or for any portion of any land proposed to be subdivided in accordance with this chapter, or on, or for, any land previously subdivided.
(b) The owner or subdivider with controlling proprietary interest in a condominium project, or the person or organization making application for a condominium project.
DEVELOPMENT. Any man-made change to real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and a developer(s) that delineates the terms and conditions agreed upon by two or more parties.
DOUBLE FRONTAGE LOT. Any lot whose front and rear property lines abut street rights-of-way.
DWELLING UNIT. A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by individuals for living and sleeping purposes, including kitchen and bath facilities.
(E) Definitions, "E".
EASEMENT. The granting of certain property rights or limits on uses by the property owner to another party.
(F) Definitions, "F".
FINAL SUBDIVISION MAP. A map prepared in accordance with the provisions of this chapter and the Map Act of the state, designed to be recorded in the office of the recorder of the county, for subdivisions of five or more lots and as otherwise provided in the Map Act and this chapter.
FLOOD LINE. The flood line established pursuant to the Zoning Ordinance that designates the portion of the flood plain area of a river or stream which is subject to flood plain zoning regulations.
FREEWAY. As defined in Cal. Streets and Highways Code of the state, means a highway which, because of its design and relation to the state and county highway system, is, or will be used, primarily for fast, heavy, or dense traffic, and to which rights of access from abutting properties or streets along the right-of-way therefor will be prohibited or limited.
FRONTAGE. The front portion of a lot, typically located adjacent to a street.
FRONTAGE STREET. A street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to properties and protection from the through-traffic on adjacent streets.
(G) Definitions, "G".
GENERAL PLAN. The City of Tulare's statement of goals and policies adopted by the City Council as a long-range, comprehensive guide to the city's growth and development.
(H) Definitions, "H". None.
(I) Definitions, "I".
IMPROVEMENT PLAN. An engineering plan, submitted by a civil engineer licensed to practice in the state, showing the design, sanitary sewers,
water systems, grading, and earthwork, and all other development, appurtenant structures, and facilities and construction, including engineering calculations, comprising on-site and off-site improvements required for a subdivision.
IMPROVEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to public improvements and agreed upon by two or more parties.
IMPROVEMENTS. Street work and utilities, grading and earthwork, to be installed, or agreed to be installed, by the subdivider and/or developer on the land to be used for public or private streets, highways, ways, and easements, as necessary for the general use of the lot owners in the subdivisions or of the site and local neighborhood traffic and drainage needs, as a condition prior to the approval and acceptance of the final map or parcel map of the subdivision. IMPROVEMENTS also refer to such other specific improvements or types of improvements, the installation of which, either by the subdivider and/or developer, by public agencies, by private utilities, or by any other entity approved by the City Council, is necessary or convenient to ensure conformity to or implementation of the General Plan.
INDUSTRIAL STREET. A street primarily designed to serve industrial uses.
(J) Definitions, "J". None.
(K) Definitions, "K".
KEY LOT. Any lot placed in a block, facing a different direction and plotted more or less at right angles to the normal pattern for that block.
(L) Definitions, "L".
LANDSCAPING. The planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
LOCAL ORDINANCE. Refers to the portion of the City of Tulare Municipal Code regulating the design and improvement of subdivisions.
LOCAL STREET. A street primarily designed to serve adjacent properties.
LOT. A portion of land separated from other portions by description, as on a subdivision or record of survey map for purpose of sale, lease, or separate use. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcels as defined by the Map Act and the municipal ordinance.
LOT LINE. The line bounding a lot, as shown in a survey or map.
(M) Definitions, "M".
MEDIAN. The area separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway.
MERGER. The joining of two or more contiguous lots of land under one ownership into one lot.
MOBILE HOME. A structure designed for human habitation and for being transportable on a street or highway under permit pursuant to Cal. Veh. Code § 35790, and as defined in Cal. Health and Safety Code § 18008. MOBILE HOME does not include a recreational vehicle, as defined in Cal. Civil Code § 799.29, or a commercial coach, as defined in Cal. Health and Safety Code § 18001.8.
MOBILE HOME PARK. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for habitation.
MONUMENT. A permanent marker set in the ground to mark the boundaries of a property, as referenced in Cal. Gov't Code § 66434(c).
(N) Definitions, "N". None.
(O) Definitions, "O".
OWNER. The individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
(P) Definitions, "P".
PARCEL. One or more lots, as identified for tax purposes. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcel as defined by the Map Act and the municipal ordinance.
PARCEL MAP. A map prepared in accordance with the requirements of this chapter and
the Map Act of the state, which map is designed to be recorded in the office of the County Recorder for subdivisions of fewer than five lots and as otherwise provided in the Subdivision Map Act and this chapter.
PARCEL MAP COMMITTEE. The Parcel Map Committee of the City of Tulare, composed of one Planning Commission member, the Community Development Director or designee, and the City Engineer or designee.
PARKWAY. A strip between the sidewalk and the property line or between the curb and sidewalk within the street right-of-way, or between the pavement of a frontage street and the primary thoroughfare, arterial street, limited access highway, or freeway it parallels which is intended to be planted with trees or otherwise landscaped.
PARTIAL-WIDTH STREET. A street substandard in the right-of-way width.
PEDESTRIAN WAY. An improved right-of-way restricted to foot traffic and providing access to schools, playgrounds, shopping centers, transportation, or other community facilities.
PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
PLANNING COMMISSION. The Planning Commission of the City of Tulare.
PLANNING DEPARTMENT. The Planning Department of the City of Tulare. The Community Development Director is the Director of the Planning Department and associated staff of the City of Tulare.
PRIVATE STREET. A road owned and maintained by a private party.
PUBLIC FACILITIES. All improvements installed to serve the public, including, but not limited to cable television, cemeteries, churches, communication equipment, corporation yards, electricity substations, fire stations, hospitals, landscaping, parks, public utility distribution, schools, sanitary sewer, storm drainage, street improvements, street lights, telephone, and water facilities.
(Q) Definitions, "Q". None.
(R) Definitions, "R".
RECOGNIZED LOT.
(a) Any lot which was a separate lot of record on December 1, 1977, as shown in the official records of the County Recorder.
(b) Any lot which has been, or is, created after December 1, 1977, in accordance with state law or any applicable city ordinance.
(c) Any lot which, at the time of annexation to the city, is a separate lot of record, as shown in the official records of the County Recorder.
REMAINDER LOT. A portion of land which was not divided when only part of a real property was subdivided.
REIMBURSEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to reimbursement agreed upon by two or more parties, as described in the Tulare Municipal Code, Ch. 8.60 (Benefit Districts) and Ch. 8.64 (Oversized Construction Reimbursement).
REVERSION TO ACREAGE. The abandonment of a previously approved subdivision resulting in a merger of the subdivided lots and reestablishment of the pre-subdivision lot lines.
(S) Definitions, "S".
SITE DEVELOPMENT. The development of any lot or area of land.
SPECIFIC PLAN. A plan for a sub-area of the City of Tulare that implements the goals and policies of the General Plan and follows the structural requirements in Cal. Gov't Code § 65451.
SPECIFICATIONS. Specifications for construction materials, methods of construction, tests, design and construction standards, and related conditions of the City of Tulare as adopted by ordinance or resolution of the City Council.
STREET. A thoroughfare, including a road or highway that provides the principal means of access to abutting property. For the purpose of interpreting this chapter, any throughway except an alley shall be considered a street.
STREET, ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.
STREET, COLLECTOR. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry
traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.
STREET, STUBBED. A street having only one outlet for vehicular traffic and which is intended to be extended or continued in the future.
SUBDIVIDER. A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for him or herself or for others.
SUBDIVISION. The division of any improved or unimproved land, 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 Cal. Civil Code § 851, or a community apartment project as defined in Cal. Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a stock cooperative as defined in Cal. Business and Professions Code § 11003.2. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of lots.
SUBSTANDARD LOT. Any lot which does not meet the minimum dimension or area requirements for the zone as defined in the City of Tulare Zoning Ordinance.
SUBDIVISION MAP ACT. The Subdivision Map Act of the State, Cal. Gov't Code §§ 66410 et seq, as amended.
(T) Definitions, "T".
TENANT. A person who rents, leases, or subleases, through either a written or oral agreement, residential property from another.
TENTATIVE MAP. A map, prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, for the
purpose of showing the design of a proposed subdivision, the existing conditions in and around such subdivision, and other information as may be required at the time it is filed in accordance with this chapter. It is prepared prior to preparation of either a final map or a parcel map.
TURNAROUND. A circular or semicircular area at the end of cul-de-sac streets intended to allow for vehicular "U" turns.
(U) Definitions, "U".
UNIT. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project.
(V) Definitions, "V".
VESTING TENTATIVE SUBDIVISION MAP. A tentative subdivision map that confers a vested right to proceed with development in substantial compliance with the city's ordinance, policies, and standards in effect at the time the vesting tentative subdivision map application is deemed complete.
(W) Definitions, "W".
WALKWAY. A way, path, or trail designed for pedestrian traffic and not intended for use as a way for motor-driven vehicles. Public walkways, paths, and trails shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.
WARRANTY SECURITY. Bonds, cash deposits, instruments of credit, a lien upon the property, or other form of security submitted by the subdivider to the city to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period.
(X) Definitions, "X". None.
(Y) Definitions, "Y". None.
(Z) Definitions, "Z". None.
(Ord. 15-12, passed 12-15-2015)