Chapter 16.08 DEFINITIONS

“Advisory agency” means a designated official or official body charged with the duty of making investigations and reports on the design and improvement of proposed division of real property and of imposing of requirements and conditions thereon. (Ord. 626 § 1 (Art. I § 106(A)), 1983)

16.08.030 Appeal board.

“Appeal board” means a designated or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements or both, decided by the advisory agency to be required. (Ord. 626 § 1 (Art. I § 106(B)), 1983)

16.08.040 Arterial street.

“Arterial street” means a major street that provides through-traffic facilities. (Ord. 626 § 1 (Art. I § 106(C)), 1983)

16.08.050 Bikeway.

“Bikeway” means a facility that explicitly provides for nonmotorized bicycle travel ranging from fully graded separated rights-of-way designated for the exclusive use of bicycles to a shared right-of-way designated as such by traffic signs and/or markings. (Ord. 626 § 1 (Art. I § 106(D)), 1983)

16.08.060 Block.

“Block” means all property fronting upon one side of a street, between intersecting streets, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. (Ord. 626 § 1 (Art. I § 106(E)), 1983)

16.08.070 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 in a residential, industrial or commercial building on such real property, such as an apartment, office or store as defined in Section 783 of the Civil Code of the state. A condominium may include, in addition, a separate interest in other portions of such real property. Unless specifically designated as a planned development, ownership of separate interest in space shall be only the air space within a designated area with all real property owners. (Ord. 626 § 1 (Art. I § 106(F)), 1983)

16.08.080 Conversion.

“Conversion” means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon. (Ord. 626 § 1 (Art. I § 106(G)), 1983)

16.08.090 Design.

“Design” shall include:

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. 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 by which the subdivision would be governed. (Ord. 626 § 1 (Art. I § 106(H)), 1983)

16.08.100 Easement.

“Easement” means a right given by the owner of land to another party for specific limited use of the land such as a right granted to a utility company for the installation and maintenance of powerlines or pipelines. (Ord. 626 § 1 (Art. I § 106(I)), 1983)

16.08.110 Final map.

“Final map” means a map showing the division of land of five or more parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act. (Ord. 626 § 1 (Art. I § 106(J)), 1983)

16.08.120 General plan.

“General plan” means the general plan of the city, as adopted by the city council, and as amended from time to time. (Ord. 626 § 1 (Art. I § 106(K)), 1983)

16.08.130 Improvement.

“Improvement” means 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 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; 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 local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan. (Ord. 626 § 1 (Art. I § 106(L)), 1983)

16.08.140 Lot.

“Lot” means a parcel or portion of land, established for purposes of sale, lease, finance, division of interest, gift, inheritance or separate use, separated from other lands by description of a final subdivision map, parcel map, deed or other title transfer instrument, or by metes and bounds. (Ord. 626 § 1 (Art. I § 106(M)), 1983)

16.08.150 Lot line adjustment.

“Lot line adjustment” means a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created or the potential to create a greater number of parcels is not created, as approved by the chief of planning. (Ord. 626 § 1 (Art. I § 106(N)), 1983)

16.08.160 Map Act.

“Map Act” means the Subdivision Map Act of the state. (Ord. 626 § 1 (Art. I § 106(P)), 1983)

16.08.170 Merger.

“Merger” means the joining of two or more contiguous parcels of land held by the same owner where at least one parcel is substandard under the current zoning ordinance. (Ord. 687 § 1, 1985)

16.08.180 Official zoning ordinance.

“Official zoning ordinance” means zoning ordinance No. 591, or any ordinance enacted under zoning law. (Ord. 626 § 1 (Art. I § 106(Q)), 1983)

16.08.190 Parcel map.

“Parcel map” means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act. (Ord. 626 § 1 (Art. I § 106(R)), 1983)

16.08.200 Peripheral street.

“Peripheral street” means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision. (Ord. 626 § 1 (Art. I § 106(S)), 1983)

16.08.210 Planned development.

“Planned development” means an airspace condominium as defined in Section 11002 of the Business and Professions Code and that ownership includes any combination of the structure enclosing the airspace, a parcel of land, the parking area and/or any other real property. (Ord. 626 § 1 (Art. I § 106(T)), 1983)

16.08.220 Remainder.

“Remainder” means that portion of an existing parcel which is not included as part of the subdivided land and thereby is not divided for the purpose of sale, lease or financing. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development. (Ord. 626 § 1 (Art. I § 106(U)), 1983)

16.08.230 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. 626 § 1 (Art. I § 106(V)), 1983)

16.08.240 Subdivision.

“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 easement or railroad rights-of-way. Subdivision includes a condominium project as defined in this chapter or in Section 1350 of the Civil Code Planned Development or Section 11003 of the Business and Professions Code or a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more dwelling units to a stock cooperative as defined in Section 11003.2 of the Business and Professions Code. 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. Subdivision does not include:

A. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;

B. Land dedicated for cemetery purposes under the Health and Safety Code of the state; or

C. Land divided for mineral, oil or gas leases; and

D. A lot line adjustment as provided for under SMC 16.04.100. (Ord. 626 § 1 (Art. I § 106(W)), 1983)

16.08.250 Tentative map.

“Tentative map” means a map for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. (Ord. 626 § 1 (Art. I § 106(X)), 1983)