Monterey County Municipal Code Ch. 19.02 Definition of Terms

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 requirement conditions and having the authority by law to approve or disapprove maps.

A committee appointed by the Planning Commission to review and evaluate the effect of discretionary permits and to make recommendations to the designated official hearing body charged with making decisions on projects.

"Allocation" means the number of lots approved for division or division and development, for a subdivision application in a Residential Allocation Zone (RAZ).

Means the designated official approving authority for minor subdivisions or standard subdivisions charged with the duty and authority to impose reasonable conditions on the design and improvements of divisions of real property.

The portion of a lot designated on a final or parcel map for building or placement of structures.

As set forth in Title 20 (Zoning) Zoning Ordinance or a line on a final or parcel map which establishes the minimum distance for structures from any topographic feature, property line, easement line or right of way (public or private).

A parcel of land occupied or intended to be occupied by main buildings, accessory buildings and other related uses.

A document describing a unit or contiguous units of real property and stating that the property complies with applicable provisions of the Subdivision Map Act and County Ordinances enacted pursuant thereto.

California Environmental Quality Act contained in Public Resources Code Sections 21000 et seq.

(Ord. No. 5218, § 5, 6-28-2013)

A committee appointed by the Board of Supervisors to evaluate projects within the Residential Allocation Zones (RAZ) of a Master or General Plan Area.

Means real property development:

A. Which consists or will consist of separately owned lots, parcels, areas, or spaces with either or both of the following features:

1. One or more additional contiguous or noncontiguous lots, parcels, areas, or spaces owned in common by the owners of the separately owned lots, parcels, areas, or spaces.

2. Mutual, common, or reciprocal interests in, or restrictions upon, all or a portion of separately owned lots, parcels, areas, or spaces, or both.

B. And, in which the owners of the separately owned lots, parcels, areas, or spaces have rights directly or indirectly, to the beneficial use and enjoyment of the lots, parcels, areas or spaces referred in Subparagraph 1 of Paragraph A or any one or more of them or portions thereof or interests therein, or the interests or restrictions referred to in Subparagraph 2 of Paragraph A.

The estate in a separately or commonly owned lot, parcel, area, or space may be an estate of inheritance or perpetual estate, an estate for life, an estate for years, or any combination of the foregoing.

Either common ownership of the additional contiguous or noncontiguous lots, parcels, or areas for the purpose of the mutual, common, or reciprocal interests in, or restrictions upon, the separately lots, parcels, areas, or spaces and may be through ownership of shares of stock or membership in an association or otherwise. Shares of stock, if any exist, shall be deemed to be interests in a common interest development and real estate development for purposes of Subdivision (f) of Section 25100 of the Corporations Code.

Means a common interest development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

Means a plan consisting of:

A. A description or survey map of a condominium project, which shall refer to or show monumentation on the ground.

B. A three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify common areas and each separate interest.

C. A certificate consenting to the recordation of the condominium plan pursuant to this Title signed and acknowledged by the record owners of fee title to that property included in the condominium project. In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years and, in the case of a condominium project subject to a life estate, the certificate shall be signed and acknowledged by all life tenants and remainder interests. The certificate shall also be signed acknowledged by all life tenants and remainder interests. The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. Owners of mineral rights, easements, rights-of-ways, and other non-possessory interests do not need to sign the condominium plan. A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required to record a condominium plan pursuant to this Subdivision.

Means a land use plan specifically prepared and adopted by the County of Monterey and certified by the State of California pursuant to California Coastal Zone Conservation Act (Commencing with Government Code 27000).

Land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this Division, extending seaward to the State's outer limit jurisdiction, including all offshore islands, and extending inland generally one thousand (1,000) yards from the high tide line of the sea and significant coastal estuarine, habitat, and recreational areas.

A. Means a common interest development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these bound may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to:

1. Boundaries described in the recorded final map, parcel map, or condominium plan,

2. Physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof,

3. An entire structure containing one or more units, or

4. Any combination thereof.

B. The portion or portions of the real property held in undivided interest may be all of the property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

County of Monterey, State of California. The designation of any particular officer in this Title means the particular officer of the County of Monterey.

A process whereby a proposed development requiring a multiple of discretionary permits pursuant to Title 20 (Zoning) the Zoning Ordinance and Title 19 (Subdivisions), the Subdivision Ordinance of the Monterey County Code can be considered under a single discretionary permit encompassing all phases and aspects of the development. (Title 20 Section 20.210 Zoning Ordinance).

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

The ratio of single family living units to acreage.

The ratio of single family living units within the distinct boundaries of any property including the area to the center of an abutting street or access within the street or access road. Density does not include those areas within a dedicated public right of way for road or highway purposes.

The density per project derived from the use of the slope density formula as outlined in the Monterey County General Plan (policy 3.2.4 and Companion policy 36.0.4).

"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 easement rights-of-ways; (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 physical requirements in the plan and configuration of the entire subdivision as may be necessary to achieve consistency with, or implementation of, the Monterey County General Plan, Area Plan, Local Coastal Plan or any applicable specific plan.

The Director of the County Planning Department or the designee of the Director.

(Ord. 3855, 1996)

(Ord. No. 5135, § 58, 7-7-2009)

An interest in land owned by another that entitles its holder to a specific limited use or enjoyment.

A detailed statement pursuant to California Environment Quality Act setting forth the significant environmental effects of a proposed project, identifying alternative and possible ways to reduce or avoid possible environmental damage or impacts.

A statement of facts that support a decision made by a legislative body or advisory agency.

The General Manager of the Monterey County Water Resources Agency or the designee of the General Manager.

(Ord. 3855, 1996)

The General Plan of the County of Monterey adopted by the Board of Supervisors on September 1982 and any amendments to the Plan including Area Plans and Specific Plans adopted by the Board of Supervisors for each of eight planning areas. The General Plan and the Area Plans, Coastal Land Use Plans and Specific Plans contain elements which are sufficiently detailed to indicate the kinds, location and intensity of land uses and applicable resource protection and development policies.

Any excavating or filling or combination thereof of soil.

The Health Officer of the County Health Department, Division of Environmental Health, or the designee of the Health Officer.

(Ord. 3855, 1996)

Such street work and utilities to be installed, or agreed to be installed (for which a security instrument is first accepted), by the subdivider on the subdivision or land adjacent thereto 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 parcel or final map thereof.

Improvement also refers to such other specific 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 Monterey County General Plan.

Safe yield is the amount of water that can be extracted continuously from the basin or hydrologic sub-area without degrading water quality, or damaging the economical extraction of water, or producing unmitigatable adverse environmental impacts.

(Ord. 3855, 1996)

A unit of land which has been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto or was created prior to the time any local or State law regulated divisions of land or which were not subject to any local or State regulation of the time of its creation. In the Coastal Zone, an existing parcel means a separate legal parcel recorded as of December 31, 1976, or later if approved under a coastal development permit. Existing parcels do not include parcels recorded without benefit of coastal development permit where such permit was required by law prior to 1977. Parcels crossed by public road or highway rights-of-way will not be considered to have been "subdivided" by such a road or highway. Except where a legal determination by the County (or by the Coastal Commission on appeal of a permit application) concludes otherwise for a particular ownership, contiguous lots conveyed by U.S. patent aggregated under a single ownership will be considered as a single parcel for Subdivision Map Act purposes.

A lot line adjustment between two or more existing adjacent 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. A lot line adjustment which results in the relocation of the building area or ha potential to result in the creation of additional lots shall be considered major. A lot line adjustment which does not result in the relocation of the building area shall be considered minor. A relocation which results in the creation of additional lots or parcels shall be treated as a subdivision. Lots may be consolidated through the lot line adjustment application procedure.

The Subdivision Map Act of the State of California as set forth in Government Code 66410 et seq.

A map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Act and designed to be recorded in the office of the County Recorder.

A map showing a subdivision for which a final map is not required by the Map Act or this cod which is prepared in accordance with the provisions of this code and the Map Act and designed to be recorded in the Office of the County Recorder.

A map showing in preliminary form a proposed development plan or subdivision.

A map made for the purpose of showing the design and improvement of a proposed division of land located in a Residential Allocation Zone - (RAZ).

A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it; a tentative map is required for all subdivisions.

A tentative map which confers particular vested rights upon approval of such a tentative map.

Shall mean the joining of two or more contiguous parcels under one ownership into one parcel.

Those areas suitable for common recreational use or which provide visual relief to developed a areas devoted to parking, vehicular traffic or private use, and any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open space may include areas in private lot ownership, provided that such areas are not fenced.

The individuals, firms, partnerships or corporation having proprietary interests in the land sought to be subdivided except those who hold title solely for the purpose of security.

A unit of land which has been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto or was created prior to the time any local or State law regulating divisions of land or which were not subject to any local or State regulation of the time of its creation. In the Coastal Zone, an existing parcel means a separate legal parcel recorded as of December 31, 1976, or later if approved under a coastal development permit. Existing parcels do not include parcels recorded without benefit of coastal development permit where such permit was required by law prior to 1977. Parcels crossed by public road or highway rights-of-way will not be considered to have been "subdivided" by such a road or highway. Except where a legal determination by the County (or by the Coastal Commission on appeal of a permit application) concludes otherwise for a particular ownership, contiguous lots conveyed by U.S. patent or aggregated under a single ownership will be considered as a single parcel for Subdivision Map Act purposes.

"Person" means any individual, corporation, partnership, firm, business, or similar entity, public or private agency, municipality, city, State, or Federal agency.

(Ord. 3797, 1994)

A. Means a common interest development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1. Any contiguous or noncontiguous lots, parcels, or areas in which owners of separately owned lots, parcels, or areas are owners in common, possessing appurtenant rights to the beneficial use and enjoyment of the commonly owned property.

2. A power exists in the association to enforce an obligation of an owner of a separately owned parcel, or area with respect to the beneficial use and enjoyment by means of an assessment which become a lien upon the separately owned lot, parcel, or area in accordance with Government Code Section 1367.

One of eight geographic sub-areas of Monterey County established for purposes of the General Plan Update Program. They are the Toro, North County, Greater Monterey Peninsula, Central Salinas Valley, South County, Greater Salinas, Coast, and Cachagua Planning Areas.

A portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

A combining zoning district whose purpose is to establish an area within which limited development is allocated. The limits of development and system of allocation are set forth in the master plan of the area in which the zone is established.

Regulations, programs and legislation designed to implement the County's General Plan and adopted pursuant to Government Code Section 65450 et seq.

Means a common interest development in which a corporation is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f), Section 25100 of the Corporations Code.

A "stock cooperative" includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code.

A public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road.

That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner whether constructed on or off site.

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 herself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers".

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 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 easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, 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. As used in this Section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

B. Any conveyance of land to a government agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-ways shall not be considered a division of land for purposes of computing the number of parcels.

C. Subdivision does not include a division of property into parcels when said parcels were shown on the 1964-65 County tax roll under separate ownership, or a division of property into four or parcels shown on a record of survey recorded prior to March 2, 1964, or record of survey of four or less parcels, each of which is over two and one-half acres, recorded prior to March 2, 1972, or parcels of two and one-half acres or over when said parcels were shown under separate ownership prior to March 7, 1972, when shown on deed or deeds recorded on or before March 7, 1972, when said parcels comply with applicable zoning ordinances in effect at the time of division, or when said parcels are lots on a recorded subdivision map approved by the Board of Supervisors of the County of Monterey.

Technical Review (TR) means the staff level technical review of applications described in Section 19.01.025 of this title.

(Ord. No. 5218, §§ 6, 7, 6-28-2013)

"Zoning Ordinance" shall mean Titles 19.1, and 20 and 21 of the Monterey County Code and any interim ordinances enacted pursuant to State Planning and Zoning Laws.