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PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
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21.04.020   Applicability of title.
   This title shall not apply to, affect, or modify any subdivision, or lot forming a part of a subdivision, lawfully created and recorded prior to the effective date of this title, or to any approval or conditions of approval of any tentative map or preliminary parcel map approved more than forty-five days prior to the effective date of this title; except as to any further division or consolidation thereof, any further approvals requested for such subdivision or lot, or any contiguous parcels merged pursuant to the provision of Section 21.04.040.
(Ord. 3157 § 1 (part), 1979)
21.04.030   Definitions.
   (a)   Except where alternate definitions are provided in this title, 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 this title. As used in the "Subdivision Map Act" the term "general plan" means the Palo Alto comprehensive plan, including all elements, objectives, policies, and programs thereof.
   All references to any section of the Palo Alto Municipal Code or general laws of the state of California mean those sections, as may be hereafter amended, or any successor legislation. References to any officer or employee of the city include any designee of that officer or employee.
   (b)   Except where the context clearly requires a different usage, the following definitions are hereby adopted for the purposes of this title:
   (1)   "Alley" means a public or private vehicular way less than twelve and two-tenths meters (forty feet) in width affording a secondary means of vehicular access to abutting property.
   (2)   "Arterial" means a street which mainly serves through traffic, takes traffic to and from expressways, and provides access to adjacent properties.
   (3)   "Board of supervisors" means the board of supervisors of the county of Santa Clara.
   (4)   "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.
   (5)   "City" means the city of Palo Alto.
   (6)   "City attorney" means the city attorney of the city of Palo Alto.
   (7)   "City controller" means the controller of the city of Palo Alto.
   (8)   "City engineer" means the city engineer of the city of Palo Alto.
   (9)   "City manager" means the city manager of the city of Palo Alto.
   (10)   "Clerk" or "city clerk" means the city clerk of the city of Palo Alto.
   (11)   "Collector street" means a street which carries traffic within an area to arterials and provides access to adjacent properties.
   (12)   "Commission" or "planning commission" means the planning commission of the city of Palo Alto.
   (13)   "Community housing" means condominiums, planned developments, community apartment projects, or stock cooperatives.
   (14)   "County recorder" means the recorder of the county of Santa Clara.
   (15)   "Director of planning" means the director of planning and community environment of the city of Palo Alto.
   (16)   "Director of utilities" means the director of utilities of the city of Palo Alto.
   (16.1)   "Driveway" means a private minor vehicular right-of-way, other than a street or alley, the primary function of which is to provide access to ten or fewer lots from a street.
   (17)   "Exception" means an exception to any of the requirements for lot width, lot depth, lot area, street frontage or access, as set forth in Titles 18 or 21; provided, that a preliminary parcel map that merges four or fewer substandard R-1 lots into a parcel or parcels in greater compliance with the requirements of lot width, depth or area set forth in Title 18 than any of the previous lots shall not be considered an exception.
   (18)   "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.
   (19)   "Freeway/expressway" means a street devoted exclusively to traffic movement.
   (20)   "Hillside area" means any area with an average cross slope of fifteen percent or more.
   (21)   "Local street" means a street which is primarily used for access to adjacent properties.
   (22)   "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.
   (23)   "Lot line" means any boundary of a lot.
   (24)   "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.
   (25)   "Major subdivision" means any subdivision creating five or more parcels, five or more condominiums, or a community apartment or stock cooperative project containing five or more units.
   (26)   "Minor subdivision" means any subdivision creating fewer than five parcels or condominium units, or a community apartment or stock cooperative project containing fewer than five units.
   (27)   "Owner" means the record owner of property or a 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.
   (28)   "Parcel map" means a map, other than a final 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 for which a tentative map or preliminary parcel map has been approved and for which a parcel map is specifically required. A parcel map shall be prepared pursuant to and in conformance with the approved tentative or preliminary parcel map and shall be based upon an accurate and detailed survey of the property. Parcel maps will typically be required for minor subdivisions creating less than five lots, or less than five condominium, community apartment or stock cooperative units.
   (29)   "Preliminary parcel map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. Except as provided in this title, preliminary parcel maps shall conform with all requirements for tentative maps, except that preliminary parcel maps shall be reviewed and acted upon by the director of planning. A preliminary parcel map will typically be required for minor subdivisions of less than five parcels or units in lieu of a tentative map.
   (30)   “Private street” means any right-of-way, including vehicular access easements, not dedicated as a public street which is used for vehicular traffic to or from two or more which do not have frontage on a public street, or to or from one parcel which does not have frontage on a public street if the right- of-way or easement used for ingress or egress is more than two hundred feet in length. For the purpose of this section, "parcel" includes fee ownership, condominium, townhome or other ownership configurations. Private streets shall be excluded for the purpose of determining Floor Area Ratio (FAR). Minimum width of "private streets" shall be as defined in 21.20.240(b)(4). For the purpose of the provisions of 21.20.240(b)(4), the term "lot" includes fee ownership, condominium, townhome or other ownership configurations.
   (31)   "Public utilities" or "utilities" means water, gas, sewer, electric, and communication lines and facilities, but not including natural or improved drainage facilities.
   (32)   "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.
   (33)   "Street" means a public or private right-of-way designed primarily for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane, place or however otherwise designated; provided, however, "street" does not include "alley" or "driveway."
   (34)   "Subdivision" means a subdivision as defined in the Subdivision Map Act, including a stock cooperative project as defined in Section 11003.2 of the Business and Professions Code.
   (35)   "Subdivision Map Act" means the Subdivision Map Act of the state of California as it presently exists or may hereafter be amended.
   (36)   "Tentative map" means a map made for the purpose of showing the design and improvement 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 creating five or more lots, or five or more condominiums, community apartment or stock cooperative units. A tentative map will also be required for certain minor subdivisions if less than five lots or units where the total acreage involved exceeds five acres or any individual lot created exceeds two acres. Tentative maps will be reviewed by the planning commission and city council.
   (37)   "Vesting tentative map" means a "tentative map" for a residential subdivision, as defined in Section 21.04.030(b)(35), that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Chapter 21.13 of the Palo Alto Municipal Code and is thereafter processed in accordance with the provisions of this title and the Subdivision Map Act.
   (38)   "Use" means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.
   (39)   "Zoning administrator" means the zoning administrator of the city of Palo Alto.
(Ord. 5073 § 2, 2010: Ord. 5059 § 4, 2009: Ord. 4661 § 1, 2000: Ord. 3901 § 1, 1989: Ord. 3850 §§ 1, 3, 1989: Ord. 3701 §§ 1, 2, 1986: Ord. 3689 §§ 1, 2, 1986: Ord. 3577 §§ 5, 6, 1984: Ord. 3157 § 1 (part), 1979)
21.04.040   Merger of contiguous parcels.
   All lots which were merged by the 1977 amendments to the Subdivision Map Act prior to the adoption of Chapter 234, Statutes of 1977, are hereby deemed unmerged.
(Ord. 3178 § 1 (part), 1980: Ord. 3157 § 1 (part), 1979)
21.04.050   Reserved.*
   *   Editor's Note: Former Section 21.04.050, Notice of Merger, previously codified herein and containing portions of Ordinance No. 3157 was repealed in its entirety by Ordinance No. 3178.
21.04.060   Application forms and fees.
   Whenever any application or submittal is made pursuant to this title, such application or submittal shall be made on or accompanied by such application forms as may be prescribed by the officer with or to whom the application or submittal is made. Whenever any application or submittal is made under this title including, but not limited to, applications for tentative, preliminary parcel, final and parcel map approvals, certificates of compliance, reversions to acreage and appeals, a fee shall be charged as set forth in the municipal fee schedule. Whenever any map, agreement, or document is required to be filed or recorded under the provisions of this title, the applicant shall pay all filing and recording fees incurred, in addition to the fees set forth in the municipal fee schedule.
(Ord. 3157 § 1 (part), 1979)
21.04.070   Violation.
   Any transaction in violation of the Subdivision Map Act or this title shall be considered in violation of the Palo Alto Municipal Code and is unlawful and a public nuisance, subject to the criminal penalties and abatement procedures of this code and of the general laws of the state of California.
(Ord. 3157 § 1 (part) 1979)
21.04.080   Noncompliance - Permit issuance prohibited.
   The city council finds that the development of property divided in violation of this title, the Subdivision Map Act, or any predecessor legislation, prior to review of such property and determination whether it complies with current standards for lot size and design and whether imposition of any conditions is required, is contrary to the public health and safety. Therefore, no permit or approval of any type necessary for the development of such property shall be issued by the city, whether the applicant was the owner of record at the time of such violation or whether the applicant is either the current owner of record or the vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of the applicant's interest in such real property, until such time as a final or parcel map or certificate of compliance for the property is approved and recorded. The enforcement of the provisions of this section shall be in addition to any other remedy or penalty provided by law for violation of this title or the Subdivision Map Act.
(Ord. 3157 § 1 (part), 1979)
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