Gilroy Municipal Code Art. I In General

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**State law references—**Subdivisions generally, Subdivision Map Act, Gov. C., §§ 66410—66499.37.

For the purpose of this chapter, the following words and phrases are defined as follows:

“Advisory agency”

means the planning commission of the city.[1]

“Board of supervisors”

means the board of supervisors of the county.

“City engineer”

means the director of public works—city engineer.

“County surveyor”

means the county engineer, if there is no county surveyor.

“Design”

means street alignment, grades, and widths; alignment and widths of easements and rights-of-way for drainage, sanitary sewers, water, and public utilities, minimum lot area and width; and “design” as further defined in the Subdivision Map Act.

“Developer”

means a person, firm, corporation, partnership, or association who improves (or divides) or causes to be improved (or divided) real property.

“Developer’s engineer”

means the registered civil engineer or licensed land surveyor employed by the owner or the developer to prepare the necessary maps and plans for the development.

“Final map”

means a map showing the division of land which is defined as a subdivision under the Subdivision Map Act 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.

“Improvement”

means only such street work and utilities to be installed, or agreed to be installed, by the developer on the land dedicated or to be dedicated for streets, highways, public ways, and easements, as are necessary for the general use of the lot owners in the development and local traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map thereof. “Improvement” shall also mean such specific improvements or types of improvements the installation of which, either by the developer, by public utilities or by a combination thereof, is necessary to insure conformity to or implementation of the general and specific plans of the city.

“Owner”

means all persons having any proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

“Parcel map”

means a map showing a subdivision for which a final map is not required under Section 66426 of the Subdivision Map Act. A parcel map shall be prepared in accordance with the provisions of this chapter and the Subdivision Map Act and shall be recorded in the office of the county recorder.

“Planned unit development (PUD)”

means a land development which may or may not involve a subdivision or group of subdivisions with a plan of development which would best be met by the PUD section of the City Code rather than by conventional zoning. Each PUD is considered separately and on the approval of a PUD, the conditions placed thereon may in effect be a modification of regulations as provided for under section 21.5 of this chapter.

“Preliminary map”

means a sketch type map prepared for the purpose of determining the economic feasibility of any plans the owner or developer may have for the development of their land and providing a means for the general requirements of the city to be determined prior to the expense of actually preparing the tentative and final or parcel map. It is the purpose of a preliminary map to enable the owner or developer to avoid unnecessary expense, delay, and difficulties, by the early establishment of all general requirements. The preparer of a preliminary map need not be a registered civil engineer or licensed land surveyor.

“Roadway”

means that portion of a right-of-way for a street or alley intended to accommodate the movement and parking (if allowed) of vehicles.

“Subdivider”

means a person, firm, corporation, partnership, or association 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.”

“Subdivider’s engineer”

means the registered civil engineer or licensed land surveyor employed by the owner or by the subdivider to prepare the necessary maps for the subdivision.

“Subdivision”

means the division, by any subdivider, of any unit or units of improved or unimproved land, or 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 except for leases of agricultural land for agricultural purposes. 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 in the civil code or a community apartment project, as defined in the business and professions code. 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. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. “Subdivision” is further defined in the Subdivision Map Act.

“Tentative map”

means a map made by a registered civil engineer or licensed land surveyor for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.

“Tract map”

means a form of a final map.

(Ord. No. 81-11, § 1, 3-16-1981)

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State law references—Advisory agency, B. & P.C., § 11509.

The city planning commission shall constitute the land development committee.

(Ord. No. 81-11, § 1, 3-16-1981)

Pursuant to the provisions of the Subdivision Map Act, and pursuant to any other regulations provided by law, the regulations hereinafter in this chapter contained shall apply to all subdivisions hereafter made of land wholly or partially within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act; and each subdivision and each part thereof lying within the city shall be made, and each map shall be prepared and presented for approval, as hereafter provided for and required.

(Ord. No. 81-11, § 1, 3-16-1981)

Grading of building sites and grading of any land within the city for any purpose shall be done in accordance with the provision of that issue of Chapter 70 of the Uniform Building Code as it now exists or may hereafter be amended.

(Ord. No. 81-11, § 1, 3-16-1981)

Whenever, in the opinion of any officer or department under whose particular jurisdiction any regulation contained in this chapter comes, the land involved in a development is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the developer to conform fully to such regulation, the officer or department may recommend such modification thereof as, in the opinion of the officer or department, is reasonably necessary or expedient; provided, that in the case of each modification the officer or department shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this chapter; and provided, further, that the officer or department recommending a modification shall transmit to the planning commission his or its report in writing setting forth each modification recommended by the officer or department and the facts relied upon by him or it for the recommendation of the modification.

(Ord. No. 81-11, § 1, 3-16-1981)

The city council may, upon recommendation by the planning commission or in the exercise of its own judgment, approve such modification; provided, however, that no modification may be made to any requirement imposed by the Subdivision Map Act.

(Ord. No. 81-11, § 1, 3-16-1981)

Wherever, by the provisions of this chapter, there is vested in the city engineer or the city planning commission or any other city official, the duty or authority to determine any question of fact or the interpretation of this chapter, or to perform a discretionary act, or to make a decision which depends upon a matter of opinion, there is hereby reserved to the aggrieved party, the right of appealing to the city council before which a hearing shall be held upon the matter in dispute. Such hearing before the council on the matter in dispute shall be held within a period of thirty (30) days and the decision of the city council shall be final.

(Ord. No. 81-11, § 1, 3-16-1981)

Any offer to sell or to contract to sell or any sale or deed of conveyance made contrary to the provision of this chapter is an infraction. Nothing herein contained shall bar any legal, equitable or summary remedy to which the city or other political subdivision or any person may be entitled and the city or such other political subdivision or person may file a suit in the superior court of the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.

(Ord. No. 81-11, § 1, 3-16-1981)