For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY AGENCY. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve or disapprove maps.
BLOCK. 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.
CITY. The City of Eureka.
CITY ENGINEER. The City Engineer of the city.
COASTAL COMMISSION. The California Coastal Commission.
COASTAL LAND USE PLAN. The city's land use plan, an element of the Local Coastal Program certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976, Cal. Public Resources Code, §§30000 et seq.
COMMON INTEREST DEVELOPMENT. Means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
COMMUNITY APARTMENT PROJECT. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.
CONDOMINIUM PROJECT. A development consisting of condominiums.
CONVERSION. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon.
DESIGN. Street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to insure consistency with, or implementation of the general plan or any applicable specific plan. (Cal. Gov't Code § 66418)
DEVELOPMENT COORDINATION COMMITTEE. A body consisting of representatives from city departments which reviews development proposals within the city. The Committee Coordinator shall be the representative from the Department of Community Development.
ENVIRONMENTAL IMPACT REPORT (EIR). A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 22100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.
FINAL MAP. A map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.
GENERAL PLAN. The general plan of the city, adopted September 1977, and any amendment thereto.
IMPROVEMENT.
(1) 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, 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 insure conformity to or implementation of the general plan or any adopted specific plan.
(2) Improvements shall be constructed in accordance with city standards and details and/or when applicable with standards as adopted by local utility companies and approved by the City Engineer.
LOT. A parcel of land, considered as a unit, devoted to or intended for a use or occupied by a structure or a group of structures that are united by a common interest or use which has frontage on a dedicated improved public street that serves as the principal means of access to abutting land, described as in a subdivision or record of lease, survey map or by metes and bounds for the purpose of sale, financing or separate use.
LOT LINE ADJUSTMENT. 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, as approved by the Director of Community Development with the recommendations from the Development Coordinator Committee.
MERGER. The joining of two or more contiguous parcels of land under one ownership into once parcel.
MAP ACT. The Subdivision Map Act of the State of California.
PARCEL MAP. A map showing a division of land of four or less parcels as required by this chapter, prepared in accordance with the provisions of this chapter and the Map Act.
PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
PLANNED DEVELOPMENT. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
(1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Cal. Civil Code § 1367 or 1367.1.
REMAINDER. That portion of an existing parcel which is not included as part of the subdivided land. 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.
STOCK COOPERATIVE. A development in which a corporation 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, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of Cal. Corporations Code § 25100(f). A STOCK COOPERATIVE includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Cal. Health and Safety Code § 33007.5.
SUBDIVIDER. A person, firm, corporation, partnership or associate 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.”
SUBDIVISION.
(1) 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.
SUBDIVISION includes a condominium project, as defined herein or in Cal. Civil Code § 1351, a community apartment project, as defined in Cal. Civil Code § 1351, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Cal. Civil Code § 1351. (Cal. Gov't Code § 66424)
(2)
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 divided by mineral, oil, or gas leases;
(c) Land dedicated for cemetery purposes under the California Health and Safety Code;
(d) A lot line adjustment between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the Director of Community Development;
(e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party; or,
(f) Any separate assessment under Cal. Rev. & Tax. Code § 2188.7.
SUBDIVISION IMPROVEMENT STANDARDS. Standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this chapter and the Map Act.
TENTATIVE MAP. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.
VESTING TENTATIVE MAP. A TENTATIVE MAP that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 154.048(D) of this chapter, and is thereafter processed in accordance with the provisions hereof.
('63 Code, § 10-4.201) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 444-C.S., passed 4-17-86; Am. Ord. 492-C.S., passed 4-20-89; Am. Ord. 588-C.S., passed 2-21-95; Am. Ord. 710-C.S., passed 3-20-07)