Chapter 16.08
DEFINITIONS AND RESPONSIBILITIES
Sections:
16.08.010 Definitions.
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases used in this title are defined in this section as set forth below. All definitions provided in BMC Title 1, General Provisions, and all definitions provided in the Subdivision Map Act shall also be applicable to this title and said definitions are incorporated by this reference as though fully set forth herein.
A. "Acreage" means any parcel of land which is not a lot, as defined in this section, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.
B. "Block" means the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
C. "City engineer" means the city engineer of the city of Benicia.
D. "Collector street" means a street, intermediate in importance between a local street and either a major or secondary thoroughfare, which has the purpose of collecting local traffic and carrying it to a thoroughfare.
E. "Community apartment project" shall be defined as provided in Section 11004 of the Business and Professions Code.
F. "Condominium" means 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 the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.
G. "Conversion" means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.
H. "Day" means calendar day unless otherwise specified. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.
I. "Department" means the planning department of the city of Benicia.
J. "Design" means alignment, grade, size, and other details of construction for the sanitary sewer, water, and storm drainage systems, roadway and other miscellaneous improvements as required by the city engineer and such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan, any applicable specific plan, or the Subdivision Map Act.
K. "Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.
L. "Easement" means an easement dedicated to the city, which shall be continuing and irrevocable unless formally abandoned by the city, and any other easement whether owned by a public entity, public utility, or private party.
M. "Final map" means a map showing a subdivision of five or more lots, prepared in accordance with the provisions of the Subdivision Map Act and this title.
N. "Frontage street" means an existing street whose right-of-way is contiguous to the exterior boundary of a subdivision.
O. "General plan" means the general plan of the city of Benicia, adopted August 2, 1977, and all amendments thereto.
P. "Improvements" refers to street work, sidewalks, curbs, gutters, driveways, storm drainage facilities, water mains, sanitary sewers and facilities, public utilities, landscaping and fences to be installed by the subdivider on the land to be used for public rights-of-way, private streets and easements, and any other improvements as defined by Section 66419 of the Subdivision Map Act.
Q. "Lot" means a parcel or portion of land separate from other parcels or portions by description, as on a subdivision map or parcel map, or by such other map approved by the county or by the city under the provisions of the Subdivision Map Act and of city ordinances in effect at the time of such approval, for the purpose of sale, lease, or financing.
R. "Lot line adjustment" means a minor shift or rotation of an existing lot line or other adjustment where a greater number of parcels than originally existed is not created, as approved by the community development director pursuant to BMC 16.12.030.
S. "Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.
T. "Parcel map" means a map showing a subdivision of four or fewer lots, prepared in accordance with the provisions of the Subdivision Map Act and this title.
U. "Private street" means any street, accessway, or the like, lying in whole or in part within a subdivision which is privately held and maintained and which is utilized as access to a development.
V. "Remainder" means 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 acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.
W. "Scenic easement" means an easement dedicated to the city that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development.
X. "Standard engineering specifications" means those standard specifications for public improvements prepared by the city engineer and adopted pursuant to BMC Title 15.
Y. "Stock cooperative" shall be defined as provided in Section 11003.2 of the State Business and Professions Code.
Z. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."
AA. "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 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. This definition shall specifically include condominiums, community apartment projects, stock cooperatives, and conversions.
BB. "Subdivision Map Act" means the provisions of Division 2, Subdivisions, of the California Government Code, commencing with Section 66410.
CC. "Tentative map" means a map for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it, precedent to the approval of a final map. "Tentative map" shall include a tentative parcel map prepared pursuant to the provisions of this title.
DD. "Vesting tentative map" means a tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the city, and is processed in accord with the provisions of Chapter 16.28 BMC. (Ord. 97-16 N.S.; Ord. 86-6, 1986).
16.08.020 Responsibilities.
A. City Attorney. The city attorney’s responsibilities shall include approving as to form all subdivision improvement agreements and security, liability agreements and insurance, and all governing documents for a community apartment project, condominium, stock cooperative, or conversion.
B. City Council. The city council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of land and/or improvements as may be proposed for dedication to the city.
The city council shall approve, conditionally approve, or deny tentative subdivision maps for subdivisions of five or more parcels and shall act as the appeal board for hearing appeals of the approval, conditional approval, or denial of tentative parcel maps for subdivisions of four or fewer parcels. The city council shall also act as the appeal board for hearing appeals of other planning commission actions as provided in this title.
C. Planning Commission. The planning commission’s responsibilities shall include recommending approval, conditional approval or denial of subdivisions of five or more parcels. The planning commission shall also act as the appeals board for hearing appeals of community development director actions as provided in this title.
D. Community Development Director. The community development director’s responsibilities shall include:
1. The approval, conditional approval or denial of tentative maps for subdivisions of four or fewer parcels;
2. The processing and approval of waivers of parcel map requirements, lot line adjustments, mergers and certificates of compliance;
3. Determinations of violations of the provisions of the Subdivision Map Act or this title;
4. The management of the planning department in carrying out the responsibilities imposed upon it by this title. When necessary to carry out the community development director’s responsibilities hereunder, the community development director may designate and authorize a representative to act on his or her behalf.
E. City Engineer. The city engineer’s responsibilities shall include:
1. Establishing design and construction details, standards and specifications;
2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this title;
3. The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans; and the processing and approval of parcel maps;
4. Examining and certifying that final maps are in substantial compliance with the approved tentative map;
5. The inspection and approval of subdivision public improvements;
6. Collection of all required fees and deposits.
F. Planning Department. The planning department’s responsibilities shall include the processing of tentative maps and of lot line adjustments. (Ord. 92-16 N.S. § 5, 1992; Ord. 89-2 N.S. §§ 5, 6, 7, 1989; Ord. 86-6, 1986).