30-74 - DEFINITIONS.

Words and phrases used in this article, unless otherwise defined, shall have the same meaning as they do in Chapter 1 of Division 2 of Title VII of the Subdivision Map Act which is part of the Government Code of the State of California, the Condominium Act, Title 6, Chapter 1, of the Civil Code of the State of California, and the zoning regulations of the City of Alameda.

Advisory agency means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority under this Article to approve, conditionally approve or disapprove maps.

Certificate of compliance means a certificate that is issued by the City stating that a specific property complies with applicable provisions of the Subdivision Map Act and this Subdivision Ordinance.

Common Interest Development means a common interest development as defined in Civil Code Section 4100 (including a residential condominium, planned development, stock cooperative, or community apartment project) or any other ownership type in which an undivided interest in common in a portion of a

parcel is held together with a separate interest in space. For the purposes of this chapter, common interest developments include all condominiums, community apartment projects and stock cooperatives.

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 the real property.

Condominium conversion means the conversion of any existing building into a common interest development as defined in Civil Code Section 4100 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which an undivided interest in common in a portion of a parcel is held together with a separate interest in space. Condominium conversions shall conform to the requirements of Section 30-8.

Day means calendar day unless specifically enumerated differently.

Final map means a map showing a subdivision prepared in accordance with the provisions of this Article and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder.

Improvement means any streets, storm drainage facilities, 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 or to serve 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 or parcel map thereof. "Improvement" also includes any other specific improvements or type of improvements, including but not limited to infrastructure and all related appurtenances, bridges, utilities, pedestrian ways, bikeways, equestrian trails, landscaping and irrigation, and related facilities, the installation of which, either by or by a combination thereof, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the general plan, zoning or any applicable specific plan.

Improvement agreement means an agreement entered into by the City and the subdivider to ensure and provide security for the construction of required subdivision improvements or other improvements required by conditions of approval when those improvements have not been completed prior to approval of a final map or parcel map.

Owner means the party or parties having sufficient proprietary interest in the land sought to be divided or subdivided to commence and maintain proceedings to do so under the provisions of this article.

Parcel map means a map showing a subdivision of four (4) or fewer parcels, prepared in accordance with the provisions of this Article and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder. A parcel map also means a map showing a subdivision of five (5) or more parcels under the tentative and final map exceptions in Sections 66426 (a) through (e) of the Subdivision Map Act and as otherwise provided by this ordinance and the Subdivision Map Act.

Reversion to acreage means the voiding of a previous subdivision in order to revert the platted lots contained therein back to the original parcel or parcels which existed prior to the subdivision.

Subdivider means a party or parties who proposes to divide, divides or causes to be divided real property into a subdivision for him or herself or for others.

Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as 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, and as further defined in Section 66424 of the Subdivision Map Act. 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 Section 4125 or 6542 of the Civil Code; a community apartment project, as defined in Section 4105 of the Civil Code; or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code. Subdivision includes any division of land by gift, inheritance, or court-ordered partitioning.

Tentative map means a map showing a subdivision of five (5) or more lots or units, prepared in accordance with the provisions of this Article and the Subdivision Map Act and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

Tentative parcel map means a map showing a subdivision of four (4) or fewer lots or units, prepared in accordance with the provisions of this Article and the Subdivision Map Act and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

Unit means those elements of a condominium or other development, where ownership is divided into individual areas and common areas, which are not owned in common with other owners in the project.

Vesting tentative map means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 30-77 and is thereafter processed in accordance with the provisions of this article. Furthermore, vesting tentative map refers to a map which meets the requirements of subdivision (b) of Section 66424.5 and S ection 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, policies and standards in effect on the date the City has determined that the application for approval of the vesting tentative map is deemed complete pursuant to Section 65943 of the Government Code, subject to the exception in Section 66474.2(b) of the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)