The definitions in the Subdivision Map Act shall govern the meaning of words in this chapter, except as follows:

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Unless otherwise defined in this chapter, words and phrases used in this chapter shall be deemed to have the same meaning applied to them in the City of Mission Viejo Development Code, City of Mission Viejo Grading and Excavation Code, and the Subdivision Map Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Specific definitions for terms used in this chapter are as follows:

(1)

Advisory agency. See sections 9.70.040 and 9.70.045 of this chapter.

(2)

Appeal board. See sections 9.70.045 and 9.70.050 of this chapter.

(3)

Building site. A parcel, or contiguous parcels, of land which was established in compliance with the building site requirements in the Development Code.

(4)

Community apartment project. A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(5)

Condominium. 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.

(6)

Condominium project. An entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

(7)

Council. Refers to the City of Mission Viejo City Council, which is the governing body of the City of Mission Viejo.

(8)

City standards. Refers to the City of Mission Viejo Development Standards and Specifications as adopted by the city council.

(9)

County surveyor. Refers to the County Surveyor of the County of Orange.

(10)

Development Code. Refers to the City of Mission Viejo Development Code.

(11)

Driveway. A designated passageway providing vehicular access between a street and a garage or carport, a parking area, or other driveway or street. A driveway shall not be considered a street.

(12)

Easement. A recorded right or interest in land owned by another, which entitles the holder thereof to some use, privilege or benefit out of or over said land.

(13)

Engineering geologist. A person duly certified in the State of California to practice engineering geology.

(14)

Flood control work or drainage work. Refers to all means of conveying or storing storm waters, 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.

(15)

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; and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.

(16)

Flood hazard, possible. Means possible extension of areas denoted as "subject to flood hazard," including also the uncertainty of degree or extent of bank erosion.

(17)

Grading Code. Refers to the City of Mission Viejo Grading and Excavation Code.

(18)

Hillside. Refers to a parcel of land or a definable portion thereof with an average slope of ten percent or more, or an average rise or fall of one foot or more vertically for each ten feet horizontally.

(19)

Improvement. Refers to such 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, 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 improvements 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 insure conformity to or implementation of the City of Mission Viejo General Plan or any adopted specific plan.

(20)

Inundation. Ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.

(21)

Master plan of drainage. An engineering report adopted by the city council, pursuant to Government Code § 66683, 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 of Mission Viejo.

(22)

Person. Any individual, firm, co-partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district, or other political subdivision, or any other group or combination acting as a unit.

(23)

Remainder parcel. That portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map.

(24)

Right-of-way. A specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.

(25)

Slope, manmade. A manufactured slope consisting wholly or partly of either cut or fill material.

(26)

Soil engineer. A civil engineer duly registered in the State of California whose field of expertise includes soil mechanics.

(27)

Stock cooperative. As defined in the Subdivision Map Act.

(28)

Street. A public or private vehicular way, other than an alley or driveway constructed to city standards including both local streets and arterial highways.

(29)

Subdivider. As defined in the Subdivision Map Act.

(30)

Subdivision. As defined in the Subdivision Map Act.

(31)

Subdivision Map Act. Refers to the Government Code tit. 7, div. 2.

(32)

Vehicular access rights. Refers to the right to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

(Ord. No. 98-193, §§ 1—4, 10-19-98)