Brisbane Municipal Code Ch. 16.08 Definitions

For the purpose of this title, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them in this chapter. Whenever any words or phrases in this title are not defined in this chapter but are defined in the Subdivision Map Act, or zoning ordinance, such definitions are incorporated in this chapter and shall apply to such words and phrases, unless the context clearly indicates a contrary intention.

(Ord. 282 § 2.1, 1982).

Except where otherwise specified in this title, "advisory agency" means the Brisbane planning commission which is charged with the duty of reviewing the design and improvements of proposed divisions of real property, the imposing of conditions thereon and having the authority to approve, conditionally approve or disapprove said divisions.

(Ord. 282 § 2.2, 1982).

(Ord. No. 612, § 1, 12-8-16)

"Agency" means an administrative division of government.

(Ord. 282 § 2.3, 1982).

"Board of supervisors" means the board of supervisors of the county.

(Ord. 282 § 2.4, 1982).

"Building inspector" means the building inspector of the city.

(Ord. 282 § 2.5, 1982).

"City attorney" means the city attorney of the city.

(Ord. 282 § 2.6, 1982).

"City clerk" means the city clerk of the city.

(Ord. 282 § 2.7, 1982).

"City council" means the city council of the city.

(Ord. 282 § 2.8, 1982). [1]

Footnotes:

--- (1) ---

1. Editor's note: There were two sections numbered "2.8" in Ord. 282.

"City engineer" means the city engineer of the city.

(Ord. 282 § 2.8, 1982). 1

"County recorder" means the county recorder of the county.

(Ord. 282 § 2.9, 1982).

"Day" means calendar day.

(Ord. 282 § 2.10, 1982).

"Design" means the following:

A. Street location, alignments, grades and widths; relationship of streets to land contours and connections to existing streets;

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 and safety;

G. Grading;

H. Land to be dedicated for park or recreational purposes;

I. Visual considerations, such as ridgeline protection;

J. Solar access;

K. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or appropriate to insure conformity to or implementation of the general plan or any specific plan.

(Ord. 282 § 2.11, 1982).

"Designated remainder parcel" means a portion of a unit or units of improved or unimproved land which a subdivider has designated as not being divided for the purpose of sale, lease or financing.

(Ord. 282 § 2.12, 1982).

"General plan" means the general plan of the city.

(Ord. 282 § 2.13, 1982).

"Grading ordinance" means that ordinance of the city that regulates the removal, deposition or alteration of earth.

(Ord. 282 § 2.14, 1982).

"Improvement" means:

A. Such street work and utilities 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; and

B. Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any specific plan.

(Ord. 282 § 2.15, 1982).

"Interested person" means any person owning real property, operating a business or residing within the city.

(Ord. 282 § 2.16, 1982).

"Lot line adjustment" means the transfer of land between two (2) or more adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, where a greater number of parcels than originally existed is not created and where the resulting parcels equal or exceed minimum lot size requirements of the city.

(Ord. 282 § 2.17, 1982).

"Final parcel map" means the officially approved map of a proposed subdivision described in Section 16.12.030.

(Ord. 282 § 2.18(b), 1982).

"Final subdivision map" means the officially approved map of a proposed subdivision described in Section 16.12.010.

(Ord. 282 § 2.18(d), 1982).

"Tentative parcel map" means the preliminary approved map made for the purpose of showing the design and improvement of a proposed subdivision described in Section 16.12.030 and the existing conditions in and around it. Such map need not be based upon an accurate or detailed final survey of the property.

(Ord. 282 § 2.18(a), 1982).

"Tentative subdivision map" means the preliminary approved map made for the purpose of showing the design and improvement of a proposed subdivision described in Section 16.12.010 and the existing conditions in and around it. Such map need not be based upon an accurate or detailed final survey of the property.

(Ord. 282 § 2.18(c), 1982).

"Open space" means an area of land which is essentially unimproved and devoted to the preservation of natural resources, the managed production of resources, outdoor recreation, and public health and safety. Examples of open space uses are set forth in subsection (b) of Section 65560 of the Government Code.

(Ord. 282 § 2.19, 1982).

"Planning commission" means the planning commission of the city.

(Ord. 282 § 2.20, 1982).

"Planning director" means the director of planning of the city.

(Ord. 282 § 2.21, 1982).

"Standard specifications" means the most recently adopted or approved edition of the standard specifications of the city department of engineering.

(Ord. 282 § 2.22, 1982).

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

(Ord. 282 § 2.23, 1982).

A. "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.

B. "Subdivision" also includes the following:

1. A condominium project, as defined in Section 4125 of the Civil Code;

2. A community apartment project, as defined in Section 4105 of the Civil Code;

3. The conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the Civil Code.

C. "Subdivision" does not include:

1. Leases of agricultural land for agricultural purposes. As used in this section the term "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock;

2. Short-term leases, terminable by either party on not more than thirty (30) days' notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, before the city council, that public policy necessitates the application of such regulations to such short-term leases in such individual cases;

3. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

4. Mineral, oil, or gas leases;

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

6. 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;

7. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

8. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel;

9. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

10. A lot line adjustment, approved by the planning director, where no additional parcels are created and no substandard lot is created.

D. A conveyance of land to a government agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

(Ord. 282 § 2.24, 1982).

(Ord. No. 612, § 2, 12-8-16)

"Subdivision Map Act" means Title 7, Division 2, of the Government Code of the state.

(Ord. 282 § 2.25, 1982).

"Zoning ordinance" means the zoning ordinance of the city.

(Ord. 282 § 2.26, 1982).