§ 17.08

"Advisory agency" means 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.

(Ord. 635 N.S. § A (part), 1983)

"Block" means the area of land within a subdivision which is entirely bounded by streets, highways or ways, except alleys or the exterior boundary or boundaries of the subdivision.

(Ord. 635 N.S. § A (part), 1983)

"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. A condominium may include in addition, a separate interest or other portions of such real property.

(Ord. 635 N.S. § A (part), 1983)

17.08.040 - 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. 635 N.S. § A (part), 1983)

17.08.050 - 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 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 or any adopted specific plan.

(Ord. 635 N.S. § A (part), 1983)

17.08.055 - Development.

"Development" means the uses to which the land which is the subject of the map shall be put, the buildings to be constructed on it and all alterations of the land and construction incident thereto.

(Ord. 1143 N.S. § 1, 1993)

"Environmental impact report (EIR)" means 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.

(Ord. 635 N.S. § A (part), 1983)

17.08.070 - Final map.

"Final map" means a map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this title, prepared in accordance with the provisions of this title and the Subdivision Map Act designed to be recorded in the office of the county recorder.

(Ord. 635 N.S. § A (part), 1983)

17.08.080 - General plan.

"General plan" means the general plan of the city of Morgan Hill, California, and any amendment thereto.

(Ord. 635 N.S. § A (part), 1983)

17.08.090 - Improvement.

A.

"Improvement" means and refers to 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.

B.

Improvements shall be constructed in accordance with the city standard specifications and details and/or when applicable with standards as adopted by local utility companies and approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

"Improvement plan" means the plan for lot size and configuration and other physical requirements in plan and configuration of the entire subdivision including public improvements described in Sections 66418 and 66419 of Subdivision Map Act.

(Ord. 1143 N.S. § 2, 1993)

17.08.100 - Lot.

"Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purposes of sale, lease or separate use.

(Ord. 635 N.S. § A (part), 1983)

17.08.110 - 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, as approved by the community development department.

(Ord. 635 N.S. § A (part), 1983)

17.08.120 - Map Act.

"Map Act" means the Subdivision Map Act of the state of California.

(Ord. 635 N.S. § A (part), 1983)

17.08.130 - Merger.

"Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.

(Ord. 635 N.S. § A (part), 1983)

17.08.140 - 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. 635 N.S. § A (part), 1983)

17.08.150 - Peripheral street.

"Peripheral street" means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

(Ord. 635 N.S. § A (part), 1983)

17.08.160 - Remainder.

"Remainder" means that portion of any unit or units of improved or unimproved land within a subdivision which was not divided for the purpose of sale, lease or financing.

(Ord. 1143 N.S. § 3, 1993: Ord. 635 N.S. § A (part), 1983)

"Subdivider" means a person, firm, corporation, partnership or associate who proposes to divide, divides or causes to be divided real property into a subdivision; except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(Ord. 635 N.S. § A (part), 1983)

A.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land 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" means and includes a condominium project, as defined in this chapter or in Section 1350 of the Civil Code of the state or a community apartment project, as defined in Section 11004 of the Business and Professions Code of the state, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code of the state. 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.

B.

"Subdivision" does not include:

1.

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;

2.

Land divided by mineral, oil or gas leases; or

3.

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

4.

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 community development department.

(Ord. 635 N.S. § A (part), 1983)

"Subdivision improvement standards" means 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 Subdivision Map Act.

(Ord. 635 N.S. § A (part), 1983)

17.08.200 - Tentative map.

"Tentative map" means and refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

(Ord. 635 N.S. § A (part), 1983)

"Vesting tentative map" refers to a map which meets the requirements of subdivision (a) of Section 66424.5 and Section 66452 of the Subdivision Map Act. When the city approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, polices and standards in effect the date the city has determined that the application for approval of the vesting tentative map is complete pursuant to Section 65943 of the Government Code.

(Ord. 1143 N.S. § 4, 1993)

17.08.210 - Zoning ordinance.

"Zoning ordinance" means Title 18 of this code, or any ordinance enacted under zoning law.

(Ord. 635 N.S. § A (part), 1983)

Chapter 17.12 - ADMINISTRATION

Sections: