Chapter 16.04 DEFINITIONS

“Adjustment plat” means a plat prepared pursuant to Chapter 16.14 PMC and certified by the City Engineer as having been approved pursuant to this division and filed in the office of the City Engineer. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.020 Approval.

“Approval” means a project shall be approved or deemed approved when said project has met all requirements of environmental review pursuant to the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.), the Subdivision Map Act, public notice and review requirements, and local ordinances, resolutions and policy. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.030 Boundary adjustment.

“Boundary adjustment” means a minor shift or rotation or alteration of existing lot lines or property lines between four or fewer existing adjoining legal lots where land taken from one parcel is added to an adjoining parcel, where a greater number of lots than originally existed is not created; provided, that the boundary adjustment is approved by the City Engineer. (Ord. 655 § 3, 2007; Ord. 80 § 1, 1982; CC § 81.105)

16.04.040 Certificate of compliance.

“Certificate of compliance” means a document describing a unit or contiguous units of property and stating that the property complies with applicable provisions of the State Subdivision Map Act and City ordinances enacted pursuant thereto. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.050 Condominium.

“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 of 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. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.060 Conversion.

“Conversion” means the process or procedure for changing the type of ownership, estate, or interests in real property, and/or the improvements thereon to that of a condominium, as defined in Section 783 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.070 Design.

“Design” means:

A. Street alignments, grades and widths;

B. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

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 and recreational purposes; and

I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan. (From the definition contained in the State Subdivision Map Act.) (Ord. 80 § 1, 1982; CC § 81.105)

16.04.080 Development code.

“Development code” means the zoning ordinance of the City. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.090 Environmental Impact Report (EIR).

“Environmental Impact Report (EIR)” means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Sections 21100 and 21100.1 of the Public Resources Code, and may mean either a draft or a final EIR. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.100 Filing of project.

A project shall be considered filed when it is received and accepted as complete. A project is accepted as complete, for purposes of Government Code Sections 65943, 65950 and 66452.2, and Public Resources Code Sections 21080.2 and 21151.5, when the Director of Development Services determines that the applicant has submitted sufficient information to permit the City to make a determination as required by Public Resources Code Section 21080.1 and that said determination has been made. The project shall be submitted to the City Council for approval within 50 days of a finding that a negative declaration is adequate and within 45 days of certification of the Environmental Impact Report. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.105)

16.04.110 Final map.

“Final map” means both:

A. A map showing a subdivision of land creating five or more lots or parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, prepared in accordance with the provisions of this division and the Subdivision Map Act, and designed and prepared to be recorded in the office of the County Recorder. (Also referred to as a final subdivision map);

B. A map showing a division of land of four or fewer parcels, or a division of land as described in subdivisions (a), (b), (c) or (d) of Government Code Section 66426, prepared in accordance with the provisions of this division and the Subdivision Map Act, and designed and prepared to be recorded in the office of the County Recorder. (Also referred to as a final parcel map.) (Ord. 80 § 1, 1982; CC § 81.105)

16.04.120 General plan.

“General plan” means the general plan of the City, its elements and any amendments thereto. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.130 Improvement.

“Improvement” means such street work, storm drainage, utilities and landscaping 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 or the lot or parcel owners in the subdivision or land division and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which either by the subdivider, by public agencies by private utilities, by any other entity approved by the City or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan, its elements, or any adopted specific plan, community plan, or planned community improvements shall be constructed in accordance with the City of Poway’s Standard Specifications and Details and/or, when applicable, with standards as adopted by local utility companies and approved by the City Engineer. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.140 Legal lot.

“Legal lot” means:

A. A parcel of real property shown as a delineated parcel of land with a number or letter designation on a subdivision map or parcel map recorded in the office of the County Recorder and created in conformance with the State Subdivision Map Act;

B. A parcel of real property shown on a recorded record of survey map, lot division plat, or other official map filed in the office of the County Recorder or County Engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the County under the authority of prior or existing County ordinances;

C. Any parcel of real property which existed as a separate parcel on or before that date;

D. A parcel of real property described in a recorded certificate of compliance, approved and filed by the County of the City in accordance with the State Subdivision Map Act and County or City code. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.150 Map Act.

“Map Act” means the Subdivision Map Act of the State. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.160 Merger.

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.170 Parcel map.

“Parcel map” means a map showing the division of land of four or fewer parcels, or a division of land as described in subdivisions (a), (b), (c) or (d) of Government Code Section 66426, prepared in accordance with the provisions of this division and the Subdivision Map Act, and designed and prepared to be recorded in the office of the County Recorder. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.180 Received and accepted.

For “received and accepted,” see “filing of project.” (Ord. 80 § 1, 1982; CC § 81.105)

16.04.190 Remainder.

“Remainder” means that portion of an existing parcel which is not included as part of the subdivided land. The remainder shall be designated as such and shown on the final map by deed reference to existing record boundaries of such remainder if the remainder has a gross area of five acres or more. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.200 Subdivider.

“Subdivider” means any person, firm, corporation, or other entity as defined in the State Subdivision Map Act (as set out in Government Code Section 66423). (Ord. 80 § 1, 1982; CC § 81.105)

16.04.210 Subdivision.

“Subdivision” means the division of land as defined in the State Subdivision Map Act. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.220 Subdivision improvement standard.

“Subdivision improvement standard” means standard details, drawings, specifications, criteria, and other standards for the design and improvement of subdivisions, approved by the City Engineer and adopted by resolution of the City Council, which govern the layout, design, geometrics, and details of any improvements to be constructed pursuant to this division and the Subdivision Map Act. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.230 Subdivision Map Act.

“Subdivision Map Act” means that which is set forth in Division 2 of Title 7 of the Government Code of the State. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.240 Tentative map.

“Tentative map” means a map prepared for the purpose of showing the proposed design and improvement of any subdivision or division of land and the existing conditions in and around it, submitted to the City precedent to obtaining official City Council approval of the proposed subdivision or division of land and precedent to the preparation and filing of a final map. A tentative map means both:

A. A tentative map for a subdivision of land creating five or more lots or parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, also referred to as a tentative subdivision map;

B. A tentative map for the division of land into four or less parcels, or a division of land as described in subdivisions (a), (b), (c) and (d) of Government Code Section 66426, also referred to as a tentative parcel map. (Ord. 80 § 1, 1982; CC § 81.105)

16.04.241 Vesting tentative map.

“Vesting tentative map” means a “tentative map” for a residential subdivision, as defined in this division, that shall be printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Chapter 16.11 PMC and thereafter processed in accordance with the provisions of Chapter 16.11 PMC. (Ord. 181 § 3, 1985)

16.04.250 Zoning ordinance or zoning code.

For “zoning ordinance” or “zoning code,” see “development code.” (Ord. 80 § 1, 1982; CC § 81.105)