Morro Bay Municipal Code Ch. 16.08 Definitions

For the purposes of the regulations codified in this title, and to supplement the definitions in the Subdivision Map Act, the following words and phrases shall be construed as defined in this chapter.

(Ord. No. 522, § 3, 3-12-2007)

"Advisory agency" means the city planning commission.

(Ord. No. 522, § 3, 3-12-2007)

"Alley" means a public or private way that provides public vehicular access to the side or rear of properties whose principal frontage is on a street.

(Ord. No. 522, § 3, 3-12-2007)

"Applicant" means the subdivider or his authorized representative.

(Ord. No. 522, § 3, 3-12-2007)

"Average slope" means the average slope for a given site calculated as follows: S=(I)(L)(.02023)/A where I=contour interval (i.e. two feet, ten feet, twenty feet), L=length of contour lines added together, A=area of site in acres, S=average slope.

(Ord. No. 522, § 3, 3-12-2007)

"City Council" means the City Council of the City of Morro Bay which is the official body charged with hearing and making determinations with respect to appeals of decisions of the Planning Commission as described in Section 16.72.020 of this title and the official body charged with final approval of all final maps, and parcel maps with dedications, and the acceptance subject to improvement, or rejection without prejudice of all offers of dedication.

(Ord. No. 522, § 3, 3-12-2007)

"City street" means any street, avenue, etc. for vehicular use accepted by the city council.

"Collector street" is a street that collects traffic from a subdivision or area to a major street.

"Expressway" is a street of general city-county importance, which is a limited access street carrying major traffic through several areas.

"Local (minor) street" is that which is used primarily for access to abutting properties.

"Major street" is any street, which carries traffic on four moving lanes between different areas of the city, and traffic entering from secondary streets.

(Ord. No. 522, § 3, 3-12-2007)

"Community apartment" means an apartment development in which the buyer receives a deed to the whole property and the right to use an apartment. Each owner is a tenant in common. For the purposes of these regulations, community apartments will be subject to the same requirements as condominiums.

(Ord. No. 522, § 3, 3-12-2007)

"Community path" means a way designed for the purpose of pedestrian travel and exiting from parked vehicles. The pathway should be six feet wide, reasonably flat, and free of trip/fall hazards such as plants and rocks.

(Ord. No. 522, § 3, 3-12-2007)

"Compact in-fill development" is defined as any proposal or project which would result in the creation of lots with sizes smaller than those otherwise allowable under the Zoning Ordinance, and an in-fill development lot is defined as any lot created as a result of such a compact in-fill development project.

(Ord. No. 522, § 3, 3-12-2007)

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a building on such real property. The owner of a condominium is the sole proprietor of the three-dimensional space (air space) within the outer walls, roof or ceiling and floors of the individual units.

(Ord. No. 522, § 3, 3-12-2007)

"Condominium conversion" means the conversion of property occupied under tenancies or estates other than condominium to occupancy as condominiums, community apartments or stock cooperative.

(Ord. No. 522, § 3, 3-12-2007)

"Day" means calendar day. If the end of an interval specified in days falls on a weekend or holiday, the interval shall be deemed to end on the next business day.

(Ord. No. 522, § 3, 3-12-2007)

"Final map" means a map required to be filed with the county recorder for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except as noted in Section 66426 of the Subdivision Map Act.

(Ord. No. 522, § 3, 3-12-2007)

"Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of a narrow portion of the flag lot extending out to the street.

(Ord. No. 522, § 3, 3-12-2007)

"Flood hazard" means a potential danger to life, property or natural resources due to storm water runoff or inundation, including deposition of silt and debris, erosion, or the presence of standing water.

(Ord. No. 522, § 3, 3-12-2007)

"Future street" means real property subject to a yet unaccepted offer of dedication, all or part of which may later be accepted for a street by council resolution and without further action by the owner.

(Ord. No. 522, § 3, 3-12-2007)

"General plan" means the adopted general plan of the city of Morro Bay, and such revisions as made.

(Ord. No. 522, § 3, 3-12-2007)

"Geologic hazard" means a condition on or beneath the earth's surface, either natural or artificially created, which is potentially hazardous to life, property or natural resources due to possible movement of rock or soil.

(Ord. No. 522, § 3, 3-12-2007)

"In-fill development" is defined as any development or proposed development that is wholly or partially surrounded by existing and/or planned development.

(Ord. No. 522, § 3, 3-12-2007)

"Lot" means a parcel of land that is identified by a distinct number or letter on a final map or parcel map recorded in the office of the county recorder, or such parcel shown on a map or survey record complying with approval requirements in effect when it was recorded.

(Ord. No. 522, § 3, 3-12-2007)

"Front lot line" means the line which separates the lot from the street. For a corner lot, the line at the shortest street frontage will be the front lot line, unless the latest tract deed restrictions specify another line.

(Ord. No. 522, § 3, 3-12-2007)

"Merge" means the combination of two or more contiguous parcels held in common ownership.

(Ord. No. 522, § 3, 3-12-2007)

"Parcel map" means a map required to be filed with the county recorder for all divisions of real property into four or fewer parcels, or creation of four or fewer condominiums or a stock cooperative or community apartment project having four or fewer parcels or units, except as provided in Section 16.12.030 of this title.

(Ord. No. 522, § 3, 3-12-2007)

"Parent parcel" means the original lot or contiguous lots of record, which are subsequently being subdivided into one or more additional lots of record. Once the subsequent lots have been created from the original parent parcel, the land cannot be subdivided further if all of the allowable subdivisions for the original parent parcel of land were already made.

(Ord. No. 522, § 3, 3-12-2007)

"Planning commission" means the planning commission of the city of Morro Bay, which is the advisory agency referred to in the State Map Act.

(Ord. No. 522, § 3, 3-12-2007)

"Private easement" is a recorded easement granted from one property owner to another adjacent property owner for the purposes of access and/or private utilities.

(Ord. No. 522, § 3, 3-12-2007)

"Private street" is a residential way designated for vehicular traffic and may include curb, gutter and sidewalk improvements for storm water drainage and pedestrian conveyance. These improvements are privately owned and maintained by the adjoining individual property owners or jointly as a "homeowners association/maintenance agreement".

(Ord. No. 522, § 3, 3-12-2007)

"Public easement" is a recorded easement offered or dedicated to and accepted by the city for the purpose of public uses. These public uses shall include, but not be limited to, street trees, park, vehicular traffic, parking, bike and pedestrian access, public water conveyance, storm water conveyance and wastewater conveyance.

(Ord. No. 522, § 3, 3-12-2007)

"Reversion to acreage" means the combining of two or more recorded contiguous lots into a single parcel as discussed in Chapter 6, Article 1, of the Subdivision Map Act.

(Ord. No. 522, § 3, 3-12-2007)

"Right-of-way" means a parcel of land occupied or intended to be occupied by a street, path, railroad, electric transmission line, oil or gas pipeline, water main, sewer main, storm drain or similar utility or special use. Use of the term "right-of-way", distinguished from "easement", shall mean that the area dedicated to the special use shall be separate from adjoining lots and shall not be included in the area or dimensions of such lots. Rights-of-way intended for a use involving maintenance by a public agency shall be dedicated to public use by the owner of the parcel(s) on which the right-of-way is established.

(Ord. No. 522, § 3, 3-12-2007)

"Site plan" means a document that describes how a parcel of land is to be improved. It includes the outlines of all structures and site improvements, such as driveways, parking lots, landscaping, and utility connections.

(Ord. No. 522, § 3, 3-12-2007)

See Section 16.08.050, Average slope.

(Ord. No. 522, § 3, 3-12-2007)

"Specific plan" means a plan for a designated area of the city, based on the general plan but containing more detailed regulations and programs, as provided in Section 65450, et. seq. of the California Government Code.

(Ord. No. 522, § 3, 3-12-2007)

"Stock cooperative" means a development in which a corporation is formed 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. For the purposes of these regulations, stock cooperatives will be subject to the same requirements as condominiums.

(Ord. No. 522, § 3, 3-12-2007)

"Street tree" means a tree in a public place, street, special easement or right-of-way adjoining a street.

"Subdivider" means a person, firm, corporation, partnership or association which proposes to divide, causes to be divided, or divides real property for itself or for others, except employees or representatives of such persons or entities, acting in such capacity, are not subdividers.

(Ord. No. 522, § 3, 3-12-2007)

"Subdivision" shall have the meaning as defined in the Subdivision Map Act, including any division for gift or token consideration. According to Section 66424 of the Subdivision Map Act:

"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. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

(Ord. No. 522, § 3, 3-12-2007)

"Subdivision Map Act" means the Subdivision Map Act of the state of California, Sections 66410 to 66499.58 of the Government Code of the state of California, and such revisions as may be made by the California legislature.

(Ord. No. 522, § 3, 3-12-2007)

"Subdivision review committee" shall consist of the building official, city engineer, fire chief, director of recreation and parks, the planning manager, or their designated alternates. The committee shall review each tentative map submitted to the city and meet with applicants to discuss the proposed subdivisions.

(Ord. No. 522, § 3, 3-12-2007)

"Subdivision standards" means the standards for design and construction of subdivisions and the preparation of maps and documents, adopted by resolution by the council.

(Ord. No. 522, § 3, 3-12-2007)

"Substantial compliance" means the subdivision design shown on the final map is consistent with the intent of the approved tentative map, as determined by the director of public services and/or the city engineer. In no cases shall the addition of lots be considered in "substantial compliance."

(Ord. No. 522, § 3, 3-12-2007)

"Tentative Map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

(Ord. No. 522, § 3, 3-12-2007)

"Vesting tentative map" means a map which meets the requirements for a tentative map and the other requirements that are set forth in this title and the Subdivision Map Act, and which will provide certain statutorily vested rights to the subdivider. A vesting map gives subdividers who obtain approval of said map a statutory right to proceed with development in substantial compliance with the local ordinances, policies, and standards in effect at the time the map application is found complete.

(Ord. No. 522, § 3, 3-12-2007)