Larkspur Municipal Code Ch. 17.08 Definitions

Sections:

17.08.010 Definitions, Generally. 17.08.020 Alley. 17.08.030 City. 17.08.040 City Engineer. 17.08.050 Condominium. 17.08.060 Condominium Common Areas. 17.08.070 Condominium Conversion. 17.08.080 Condominium Project. 17.08.090 Condominium Unit. 17.08.100 Council or City Council. 17.08.110 Design. 17.08.120 Developer. 17.08.130 Final Map. 17.08.140 General Plan. 17.08.150 Improvement. 17.08.160 Industrial Subdivision. 17.08.170 Lot Line Adjustment. 17.08.180 Notice of Intent. 17.08.190 Owner. 17.08.200 Parcel Map. 17.08.210 Planning Commission. 17.08.220 Public Water Resource. 17.08.230 Reversion to Acreage. 17.08.240 Roadway. 17.08.250 Right-of-Way. 17.08.260 Subdivider. 17.08.270 Subdivider’s Engineer. 17.08.280 Subdivision. 17.08.285 Tenant. 17.08.290 Tentative Map. 17.08.300 Vesting Tentative Map.

For the purposes of this title, the following words and phrases are defined as set forth in this chapter. The definitions as set forth in the zoning ordinance (Larkspur Municipal Code Title 18) are applicable to this title when such definitions are not in conflict with those set forth in this chapter. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Alley” means a secondary public way reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“City” is the City of Larkspur. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“City Engineer” is the engineer of the City or their authorized representative. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Condominium” is defined as set forth in California Civil Code Section 783, and as used here includes “community apartment,” as defined in Business and Professions Code Section 11004, and “stock cooperative” as defined in Business and Professions Code Section 11003.2. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Condominium common areas” include the entire project excepting all units therein granted or reserved. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Condominium conversion” is the development or use of the land and existing structures as a condominium project, regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Condominium project” is the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Condominium unit” is the elements of a condominium which are not owned in common with the owners of other condominiums in the project. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Council or City Council” is the City Council of the City of Larkspur. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Design” includes:

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 right-of-way;

D. Fire roads and firebreaks;

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 with or implementation of the General Plan or any specific plan adopted by the City. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Developer” means the owner or subdivider with a controlling proprietary interest in the project, or the person or organization making application hereunder. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A “final map” conforms to the requirements of Larkspur Municipal Code Chapter 17.28, and is required for those subdivisions listed in Larkspur Municipal Code Section 17.04.070. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“General Plan” is the master plan of the City duly adopted by the City Council. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. “Improvement” refers to 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.

B. “Improvement” also refers to 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 Council, or by a combination thereof, is necessary or convenient to insure conformity with or implementation of the General Plan or any specific plan of the City. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Industrial subdivision” subdivides land that is zoned C-W (wholesale and service commercial) or L-1 (light industrial). (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Lot line adjustment” is the relocation of a boundary line between two (2) or more parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Notice of intent” is a notice of intent to create a condominium. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Owner” is the individual, firm, association, corporation, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A “parcel map” conforms to the requirements of Larkspur Municipal Code Chapter 17.32 and is required for those subdivisions listed in Larkspur Municipal Code Section 17.04.050. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Planning Commission” is the Planning Commission of the City. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Public water resources” are those public resources referred to by Article 3.5 of the State Subdivision Map Act. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Reversion to acreage” is the filing of a final map pursuant to Larkspur Municipal Code Chapter 17.36 for the purpose of reducing the number of parcels comprising a property. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Roadway” is the physical street improvement within the right-of-way measured perpendicular to the centerline of the street from:

A. Face of curb to face of curb;

B. Face of curb to edge of pavement; or

C. Edge of pavement to edge of pavement. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The “right-of-way” is the total land area used for public street or access purposes. Improvements commonly contained within the right-of-way include street paving, curbs, gutters, pedestrian sidewalks and utilities. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Subdivider” is the individual, firm, association, syndicate, copartnership or corporation commencing proceedings under this title to effect a subdivision of the land hereunder for themselves or for another. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Subdivider’s engineer” is the registered civil engineer or licensed land surveyor employed by the owner or by the subdivider to prepare the necessary surveys and maps for the subdivision. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Subdivision” means the division of any improved or unimproved 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” includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Business and Professions Code Section 11004. 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. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A “tenant” is defined as a person who rents, leases or subleases, through either a written or oral agreement, real property from another. (Ord. 1030 § 2(11), 2018; Ord. 667 § 15, 1981)

A “tentative map” conforms to the requirements set forth in Larkspur Municipal Code Chapter 17.24 for all subdivisions of two (2) or more parcels. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

“Vesting tentative map” is defined in Larkspur Municipal Code Chapter 17.26. (Ord. 1030 § 2(11), 2018; Ord. 730 § III, 1985)