Chapter 17.08 DEFINITIONS

A. Except where alternate definitions are provided herein, or the context clearly requires a different usage, the definitions of words and phrases contained in the Subdivision Map Act are hereby adopted for use in Title 17 of this code. As used in the Subdivision Map Act, the term "General Plan" means the San Carlos General Plan, including all elements, objectives, policies and programs thereof. Where conflicts exist, the definition contained in the Subdivision Map Act shall take precedence.

B. All references to any section of the San Carlos Municipal Code or general laws of the State of California shall mean those sections, as may be hereafter amended, or any successor legislation.

C. References to any officer or employee of the City shall include any designee of that officer or employee.

D. Except where the context clearly requires a different usage, the definitions set out in this chapter are hereby adopted for the purposes of Title 17 of this code. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.020 Alley.

"Alley" means a minor public way providing secondary access at the back or side of property. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.030 Certificate of compliance.

"Certificate of compliance" means a document prepared and issued by the City and intended for recordation, certifying that a parcel or parcels of property within the City are lots lawfully created and existing in compliance with this title and the Subdivision Map Act and are capable of use or sale without further proceedings under this title. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.040 Community housing.

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

B. "Community housing project" means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of any dwelling units located on the land.

C. "Condominium" means an estate in real property, consisting of a separate interest in a building on such real property, together with an undivided interest in common to other portions of the same property, the owners being the grantees of the units, each grantee owning a separate interest in his unit and an interest, as a tenant in common, in the common areas.

D. "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.050 Cross slope.

"Cross slope" means the average grade or slope of a parcel or area, expressed as a percentage of vertical difference in elevation to the horizontal distance, and determined by the cross slope formula in the lot size requirements in Section 17.16.050 of this title. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.060 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 firebreaks;

E. Lot size and configuration;

F. Traffic access;

G. Grading;

H. Land to be dedicated for park or recreational purposes; and

I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan required by the Subdivision Map Act. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.070 Final map.

"Final map" means a map, other than a parcel map, prepared in accordance with this title and the Subdivision Map Act, designed to be placed on record with the county recorder and thereby finalize a subdivision approved by a tentative map. A final map shall be prepared pursuant to and in conformance with the approved tentative map, and shall be based upon an accurate and detailed survey of the property. Final maps typically will be required for major subdivisions creating five or more lots, or five or more condominium, community apartment or stock cooperative units. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.080 Hillside areas.

"Hillside areas" means areas with an average cross slope of ten percent or more. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.090 Improvement.

A. "Improvement" means and 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 map thereof.

B. "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 local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan required by the Subdivision Map Act. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.100 Lot.

"Lot" means a parcel of land consisting of a single lot of record, used or intended for use under City Zoning Regulations as one site for a use or group of uses. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.110 Lot line.

"Lot line" means the boundary property line encompassing a lot. For the purpose of this title, the "front lot line" is the boundary line which abuts a public street; the front lot line on a corner lot is the narrowest frontage facing a street, and the "side lot line" is the longest frontage facing a street, irrespective of the direction in which the building faces. The "rear lot line" is the lot line or line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An "interior lot line" is a side line in common with another lot. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.120 Lot of record.

"Lot of record" means a lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds or comparably specific manner, which has been so recorded and which by reason of that recordation constitutes a parcel of land lawfully created and existing in compliance with those provisions of law regulating the division of land. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.130 Major subdivision.

"Major subdivision" means any subdivision creating five or more lots, five or more condominiums, or a community apartment or stock cooperative project containing five or more units. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.140 Map Act.

"Map Act" means the California Subdivision Map Act. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.150 Minor subdivision.

“Minor subdivision” means any subdivision creating four (4) or less lots, four (4) or less condominium units, or a community apartment or stock cooperative project containing four or less units. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.160 Owner.

“Owner” means the record owner of property or vendee under a contract of sale, or an agent of either of the foregoing with written consent to act on their behalf. Unless evidence is produced to the contrary, the record owner of property shall be deemed to be the owner as shown on the last equalized assessment roll. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.170 Parcel map.

“Parcel map” means a map for a minor subdivision, designed to be placed on record with the County Recorder and thereby finalize the subdivision. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.180 Planned community.

“Planned community” means a special district which is established to allow flexibility of design to accommodate various types of development such as single-family residential, multiple-family residential, neighborhood and community shopping centers, professional and administrative offices, commercial service centers, industrial parks, or a combination of uses which can be appropriately a part of a planned community project. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.190 Public utilities.

“Public utilities” means water, gas, sewer, electric and communication lines and facilities. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.200 Reversion to acreage.

“Reversion to acreage” means the dissolution of a previously approved and recorded subdivision. A reversion to acreage shall result in the merger of all lots created by the subdivision and reestablishment of the lot lines as they existed prior to the subdivision. Any modification of lot lines or merger of parcels comprising less than the whole of the parcel originally subdivided, or establishing any lot lines other than those existing prior to the subdivision, shall be deemed a new subdivision and not a reversion to acreage. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.210 Street.

“Street” means an improved, travelled way providing the primary access to abutting property and classified as follows:

A. “Arterial street” means a street carrying intercity through traffic and/or relating several sections or neighborhoods within the City.

B. “Collector street” means streets which collect and carry traffic from minor streets to arterials and carry traffic within a particular area of the City.

C. “Cul-de-sac” means a local street terminating in a turnaround.

D. “Local street” means a street which serves only the abutting property.

E. “Loop street” means a local street which forms a loop and returns to the same street from which it originated. A street forming a connection between two other streets is not considered a loop street.

F. “Private street” means a street which serves only the abutting property and is not dedicated to a public agency, but is privately owned and maintained. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.220 Subdivider.

“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 himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” (Ord. 879 § 1 Ex. A (part), 1981)

17.08.230 Subdivision.

A. “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, 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 easements or railroad rights-of-way.

B. “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 (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

C. 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 parcels.

D. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.240 Subdivision Map Act.

“Subdivision Map Act” means the Subdivision Map Act of the State of California, as it presently exists or may hereafter be amended. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.250 Tentative map. Revised 4/24

“Tentative map” means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. A tentative map need not be based upon an accurate or detailed final survey of the property. A tentative map will typically be required for any major subdivision, and will also be required for certain minor subdivisions where the total acreage involved exceeds five (5) acres or any individual lot created exceeds two (2) acres. Tentative maps will be reviewed by the Planning and Transportation Commission. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 879 § 1 Ex. A (part), 1981)

17.08.260 Tentative parcel map.

“Tentative parcel map” means a map made for the purpose of showing the design and improvement of a proposed minor subdivision and the existing conditions in and around it. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.270 Use.

“Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility. (Ord. 879 § 1 Ex. A (part), 1981)

17.08.280 Vesting tentative map.

“Vesting tentative map” means a tentative map or a tentative parcel map for a residential subdivision, as defined previously in this chapter, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed, and then processed with the provisions of Section 17.24.130. (Ord. 958 § 1, 1986: Ord. 879 § 1 Ex. A (part), 1981)

17.08.290 Zoning Administrator.

“Zoning Administrator” means the zoning Administrator of the City of San Carlos. (Ord. 879 § 1 Ex. A (part), 1981)