Sec 17-4. Definitions
(a) Except where alternate definitions are provided in
this chapter or the context clearly requires a different usage, the definitions
of words and phrases set forth in the Subdivision Map Act are hereby
incorporated by reference as though fully set forth herein.
(b) Except where the context clearly requires a different
usage, the following words and phrases, whenever used in this chapter, shall be
construed as defined in this subsection:
(1) "Approved access"
shall mean right of access from a public road to the parcel or lot under
consideration by fee or easement meeting the standards of the County.
(2) "Board of
Supervisors" shall mean the Board of Supervisors of the County of San
Benito.
(3) "Building Envelope"
shall mean the area within which all main and accessory buildings are
constructed, placed, or erected.
(4) "Certificate of
Compliance" shall mean a document prepared and issued by the County, and
intended for recordation, certifying that a unit or units of real property
within the County are lots lawfully created and existing in compliance with the
Subdivision Map Act and this chapter, and are capable of sale, lease or
financing without further proceedings under this chapter.
(5) "Clerk of the Board"
shall mean the Clerk of the Board of Supervisors of the County of San Benito.
(6) "Code" shall mean
the Code of the County of San Benito.
(7) "Community apartment
project" shall be defined as provided in Section 11004 of the Business and
Profession Code.
(8) "Condominium" shall
be defined as provided in Section
1351 of the Civil Code.
(9) "Conversion" shall
mean the creation of separate ownership of existing real property together with
a separate interest in space of residential, industrial or commercial buildings.
(10) "County" shall mean
the County of San Benito
(11) "County Counsel"
shall mean the County Counsel of the County of San Benito.
(12) "County Engineer"
shall mean the County Engineer of the County of San Benito.
(13) "County Recorder"
shall mean the County Recorder of the County of San Benito.
(14) "County Tax
Collector" shall mean the County Tax Collector of the County of San Benito
(15) "Day" shall mean a
calendar day unless otherwise specified.
(16) "Dead End Road"
shall mean a road, constructed on or after January 1, 1992, that does not have
two means of access (to County standards) to a County road. A County road
is defined for this purpose as either existing, offered for dedication, accepted
by the County, or an approved private road built to County standards.
(17) "Defensible Space"
shall mean the area within the perimeter of a parcel, development, neighborhood,
or community where basic wildland fire protection practices and measures are
implemented, providing the key point of defense from an approaching wildfire or
defense against encroaching wildfires or escaping structure fires. The
perimeter as used in this ordinance is the area encompassing the parcel or
parcels proposed for construction and/or development, excluding the physical
structure itself. The area is characterized by the establishment and
maintenance of emergency vehicle access, emergency water reserves, street names
and building identification, and fuel modification measures.
(18) "Development
Review Committee" shall mean a committee consisting of representatives of
the following departments: San Benito Planning, Public Works, Assessor, Health,
Water District, and the appropriate fire district.
(19) "Final map" shall
mean a map showing a subdivision of five (5) or more parcels for which a
tentative and final map are required by the Subdivision Map Act and this
chapter, and designed to be recorded in the office
of the County Recorder.
(20) "Frontage, Street"
shall mean the length of the lot line or lines that are colinear with the street
line of the abutting road and not subject to the restricted vehicular access.
(21) "General Plan"
shall mean the General Plan of the County of San Benito as it presently exists
or may hereafter be amended.
(22) "Improvement" shall
mean 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 County, 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.
(23) "Limited Access
Road" shall mean a non-vehicular access collector, arterial, expressway, or
freeway.
(24) "Lot" or
"Parcel" shall mean a unit or portion of real property 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 under the provisions of the Subdivision
Map Act and of County ordinances in effect at the time of such approval, for the
purpose of sale, lease, or financing.
(25) "Lot line
adjustment" shall mean a shift or rotation of an existing lot line or other
adjustment where a greater number of parcels than originally existed is not
created, considered in accordance with Section 66412(d) of the Government Code,
Section 17-5(d) of this chapter, and Chapter 18 of the County Code and recorded
in the office of the County Recorder.
(26) "Major Subdivision"
shall mean a subdivision of five or more parcels for which a tentative and final
or parcel 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 recorded in the office of the County Recorder.
(27) "Merger" shall mean
the joining of two (2) or more contiguous parcels of land under common
ownership into one (1) parcel in accordance with the provisions of the
Subdivision Map Act and Article XI of this chapter.
(28) "Minor Subdivision"
shall mean a subdivision of four (4) or fewer parcels for which a tentative and
parcel 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 recorded in the office of the County Recorder.
(29) "Non-buildable
area" shall mean a designated area of land for water that shall be
restricted in the amount and intensity of development permitted by the Planning
Commission. Such designated areas shall reflect open space and resource
conservation goals to limit residential, commercial, and industrial development
on productive agricultural lands, lands considered to have mineral resource
value, lands subject to periodic flood inundation, lands within identified
seismic hazard zones, steep slopes subject to landslides and/or erosion, lands
of high scenic value, lands providing important wildlife habitat, lands
considered to be of extreme fire hazard, and lands designated for park and
recreation purposes. Unless otherwise permitted by the Planning
Commission, areas designated as non-buildable shall exclude the development of
structures intended for permanent human occupancy including, but not limited to,
single or multiple family dwellings, hotels, mobile home parks, schools,
hospitals, and other high-occupancy institutional buildings. Roads,
utilities, and other urban infrastructure may be permitted within a designated
non-buildable area provided that the Planning Commission finds that such
structures will not substantially disturb or cause the loss of important plant
and animal habitat, surface water bodies and their primary recharge zones,
agricultural lands, areas containing major mineral deposits, areas of
outstanding scenic quality, areas of historic or prehistoric value, and
parks. The non-buildable designation shall also be applied to restrict
buildings, roads, utilities and other infrastructure within areas considered to
be hazardous to public health and safety including, but not limited to,
earthquake fault zones, unstable soil areas, floodplains, watersheds, and high
fire risk zones.
(30) "Non-development
area" shall mean a designated area of land or water that shall be left in
an essentially unimproved condition for environmental safety, resource
protection, recreational or other reason as may be specified by the Planning
Commission. Without specific exception, such designated areas shall not be
disturbed or altered by construction of structures, reconstruction of
pre-existing structures, relocation or enlargement of a structure, or the
development of urban infrastructure such as roads or sewers. With the
exception of non-vehicular paths and trails, the topsoil and vegetative cover in
non-development areas shall not be disturbed by grading, cultivation, trenching,
or similar construction and farming activities.
(31) "Parcel map" shall
mean a map as defined in Section 66426, subparagraphs a, b, c, and d, of the
Subdivision Map Act.
(32) "Planned unit
development" shall mean a development (other than a community apartment
project, a condominium project, or a stock cooperative) having either or both of
the following features:
1. A 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 upon the
separately owned lot, parcel, or area in accordance with Section 1367 of the
California Civil Code.
(33) "Planning
Commission" shall mean the Planning Commission of the County of San Benito.
(34) "Planning
Department" shall mean the Planning Department of the County of San Benito.
(35) "Planning Director"
shall mean the Planning Director of the County of San Benito.
(36) "Public Facility"
shall mean a facility or parcel owned by a governmental or quasi-governmental
agency, including but not limited to, schools, jails, offices,
detention/retention ponds, parks, and water facilities.
(37) "Public Works
Department" shall mean the Public Works Department of the County of San
Benito.
(38) "Remainder" shall
mean that portion of an existing parcel which is not designated on the required
map as part of the subdivision. The remainder shall not be considered as part of
the subdivision but shall be shown on the required map as part of the area
surrounding the subdivision. A remainder of five (5) acres or more need
not be shown on the map and its location need not be indicated as a matter of
survey, but only be deed reference to the existing boundaries of the remainder.
(39) "Reversion to
acreage" shall mean the dissolution of a previously approved and recorded
subdivision in accordance with the provisions of the Subdivision Map Act
and
Article X of this chapter.
(40) "Stock cooperative"
shall be defined as provided in Section 11003.2 of the Business and Professions
Code.
(41) "Subdivision" shall
mean 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.
(42) "Subdivision Map
Act" shall mean the Subdivision Map Act of the State of California (Gov.
Code § 66410 et seq.) as it presently exists or may hereafter be amended.
(43) "Tentative map"
shall mean a map made for the purpose of showing the design and improvement of a
proposed subdivision and the existing conditions in and around it and need not
be based upon an accurate or detailed final survey of the property.
(44) "Vesting tentative
map" shall mean a tentative map that shall have printed conspicuously on
its face the words "Vesting Tentative Map" at the time it is submitted
in accordance with Article VII of this chapter, and is thereafter processed in
accordance with the provisions of the Subdivision Map Act and this chapter.
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