Salinas Municipal Code Art. 2 Definitions and Responsibilities

"Advisory agency." A designated official or official body as defined in Section 66415 of the Subdivision Map Act charged with the duty of making investigations and reports on the design and improvement of subdivisions, the imposing of requirements or conditions, or having the authority to approve, conditionally approve, or disapprove maps subject to this title. The planning commission is hereby designated as the advisory agency with respect to tentative maps, and the city planner is hereby designated as the advisory agency with respect to parcel maps, except that, where the city planner must refer a parcel map to the planning commission for a decision, the planning commission shall be the advisory agency.

"Block." A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of way, waterways, or any other barrier to the continuity of development (see zoning code Section 37-10.260).

"Building official." The officially designated city employee or their designee charged with the responsibility to administer, implement and enforce Article 1 of Chapter 9 of this Code.

"CC&R's." Covenants, conditions, and restrictions recorded against real property.

"CEQA." The California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the California Environmental Quality Act Guidelines, as may be subsequently amended by the state of California.

"Certificate of compliance." A certificate that is issued by the city stating that a specific property complies with applicable provisions of the Subdivision Map Act and this subdivision ordinance enacted pursuant thereto. This certificate can be issued with and without conditions, depending upon the status of the parcel.

"City engineer." The officially designated city employee or their designee charged with making all surveys, inspections and approving public improvement designs/plans, plans, specifications and estimates required by the city council or with any other duties of the city engineer. The minimum qualifications of the city engineer are defined in Subdivision Map Act, Section 66416.5.

"City planner." The officially designated city employee or their designee charged with the responsibility for the interpretation and administration of the zoning code.

"Code enforcement." The code enforcement division of the community development department of the city, or any successor city department.

"Common interest development." A common interest development as defined in Civil Code, Section 4100 (including a residential condominium, planned development, stock cooperative, or community apartment project) or any other ownership type in which an undivided interest in common in a portion of a parcel is held together with a separate interest in space. For the purposes of this chapter, common interest developments include all condominiums, community apartment projects and stock cooperatives.

"Condominium." An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property.

"Condominium conversion." The conversion of any existing building into a common interest development as defined in Civil Code, Section 4100 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which an undivided interest in common in a portion of a parcel is held together with a separate interest in space.

"Current planning." The current planning division of the community development department of the city, or any successor city department.

"Dedication." A dedication is the surrender of an interest in real property for some public use by or on behalf of the public.

"Design."

(1) Street alignments, grades, and widths;

(2) Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3) Location and size of all required easements and rights-of-way;

(4) Fire roads and fire breaks;

(5) Lot size and configuration;

(6) Traffic access;

(7) Grading;

(8) Land to be dedicated for park or recreation purposes; and

(9) Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

"Development." The uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. For purposes of this chapter, "development" specifically includes the following terms included in the definition of "development" in the zoning code:

(1) The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure;

(2) Any mining, excavation, landfill, or grading;

(3) Any use or extension of the use of land;

(4) Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures or modifications thereto, which affect the exterior dimensions of a structure, relocation of a building or structure, condominium conversions, mining, dredging, filling, grading, paving, excavation, or drilling operations.

"Engineering division." The engineering division shall mean the engineering and traffic/transportation divisions of the public works department of the city, inclusive of the development-engineering team located at the permit center, or successor city department.

"Final map." A map showing a subdivision for which a tentative map or vesting tentative map and final map are required by the Subdivision Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act and recorded in the office of the county recorder.

"Improvement."

(1) Any streets, storm drainage facilities, utilities, and landscaping 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 or to serve 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 or parcel map thereof.

(2) "Improvement" also includes any other specific improvements or type of improvements, including but not limited to infrastructure and all related appurtenances, bridges, utilities, pedestrian ways, bikeways, equestrian trails, landscaping and irrigation, and related facilities, the installation of which, either by or by a combination thereof, the subdivider, public agencies, private utilities, or any other entity approved by the city, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

"Improvement agreement." An agreement entered into by the city and the subdivider to ensure and provide security for the construction of required subdivision improvements or other improvements required by conditions of approval when those improvements have not been completed prior to approval of a final map or parcel map.

"Lot or parcel." A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record-of-survey map, or by metes and bounds, for purpose of the sale, lease, or separate use.

"Lot consolidation." The merging of two or more contiguous parcels of land under the same ownership into one parcel pursuant to an application by the property owner.

"Lot line adjustment." A boundary adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, with no more parcels being created than originally existed.

"Merger." The joining of two or more contiguous parcels of land under the same ownership into one parcel by action of the city pursuant to the procedure included in Section 31-1103.

"National Pollutant Discharge Elimination System (NPDES)." A national program implemented locally in conjunction with the California Water Quality Control Board for administering and regulating select provisions of the Clean Water Act.

"Parcel map." A map showing the design and improvement of a proposed subdivision for which a parcel map is required under the Subdivision Map Act or this chapter, prepared in accordance with the provisions of Article 6 of this chapter and the Subdivision Map Act and recorded in the office of the county recorder.

"Peripheral street." An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

"Private street." Any street, access way, alley, or the like, lying in whole or in part within a subdivision, which is privately owned, operated, and maintained, and which is utilized as access to a development.

"Remainder." That portion of an existing parcel which is not included as part of the subdivided land for purpose of sale, lease or financing. The remainder is not considered as part of the subdivision and shall not be counted as a parcel for purposes of determining whether a parcel or final map is required but must be shown on the required maps as part of the area surrounding subdivision development.

"Reversion to acreage." The filing of a map for the purpose of abandoning a recorded subdivision which was created by either a final map or parcel map.

"Street." A public or private right-of-way, usually designed for pedestrian, bicycle, and vehicular travel, which provides a primary means of access to abutting property. The term shall include, but not be limited to, avenue, drive, circle, court, road, parkway, boulevard, highway, thoroughfare, or any similar term. For purposes of this chapter, "streets" include alleys.

"Subdivider." Any person, property owner, firm, corporation, partnership, association, or any other legal entity, or combination of entities, who proposes to divide, divides, or causes real property to be divided into a subdivision, except that employees and consultants of such persons or entities are not considered "subdividers".

"Subdivision." 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 easements, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in Section 4125 or 6542 of the Civil Code; a community apartment project, as defined in Section 4105 of the Civil Code; or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code. Subdivision includes any division of land by gift, inheritance, or court-ordered partitioning.

"Subdivision Map Act." State of California Government Code Sections 66410 to 66499.58. All references to sections of the Subdivision Map Act include all successor sections.

"Tentative map." A map prepared for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around the proposed subdivision for which a tentative and final map are required pursuant to Article 4 of this chapter and need not be based upon an accurate or detailed final survey of the property. "Tentative map" includes a vesting tentative map.

"Top of bank." The elevation at which water overflows the natural contour and begins to inundate upland areas. If there are no distinguishable features to locate the contour or where the natural contour has been destroyed or altered, the determination of the top of bank shall be made by the city engineer.

"Vesting tentative map." A tentative map which additionally meets the requirements of Article 5 of this chapter, and which, upon approval or conditional approval, is granted certain development rights that are vested within a time period, as described in Article 5.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

For the purposes of this chapter, authority shall lie with the following official bodies or officials as set out in Sections 31-202.1 through 31-202.6.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city attorney has the authority for approving as to form all subdivision improvement agreements, all conditions, covenants, and restrictions, and for performing all other acts authorized by this chapter or by the city charter and municipal code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city engineer has the authority for:

(a) Determining the applicability of this chapter to any proposed division of land.

(b) Establishing design and construction details, standards, and specifications for subdivision improvements and design.

(c) Determining if proposed subdivision improvements and designs comply with the provisions of this chapter and the Subdivision Map Act; and reporting the findings together with any recommendations for approval, conditional approval, or denial of any tentative map or parcel map to the city planner.

(d) Reviewing and approving subdivision improvement plans; inspecting and approving subdivision improvements; preparing subdivision improvement agreements.

(e) Processing and reviewing final maps; examining and certifying whether final maps are in substantial conformance with the approved tentative map.

(f) Processing and reviewing parcel maps; approving and denying applicable improvement agreements for parcel maps other than those parcel maps referred to the planning commission by the city planner for review and approval.

(g) Reviewing and approving certificates of correction and amending maps pursuant to Subdivision Map Act Sections 66469 through 66472.1.

(h) For subdivisions of four or fewer lots, accepting, accepting subject to improvement, and rejecting dedications and offers of dedications that are made by a statement on a parcel map;

(i) Certifying the completion of private improvements not to be maintained by the city.

(j) Performing all other acts authorized by this chapter or this Code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner has the authority for:

(a) Undertaking environmental review in accordance with Section 31-305, environmental review.

(b) Interpreting all provisions of this chapter and the zoning code.

(c) Approving, conditionally approving, or denying parcel maps for subdivisions of four or fewer parcels, or referring such parcel maps to the planning commission for review and approval, except that all of the following shall be referred to the planning commission for review and approval:

(1) Mobile home park conversions described in Section 31-708.1, approval of parcel map for mobile home park conversion;

(2) Parcel maps for which a negative declaration or environmental impact report has been prepared; and

(3) Parcel maps for which the city was notified that there is a material issue supported by substantial evidence as described in Section 31-603.2, action by city planner.

(d) Approving, conditionally approving, or denying lot line adjustments and lot consolidations in accordance with Article 11 of this chapter.

(e) Approving, conditionally approving, or denying exceptions for subdivisions of four or fewer parcels.

(f) Approving, conditionally approving, or denying applications for certificates of compliance.

(g) For all other subdivisions, investigating their conformity to the general plan, applicable specific plans, and the zoning code, and reporting those findings together with the city engineer's report, with recommendations for approval, conditional approval, or denial to the planning commission, including any recommended conditions of approval.

(h) Certifying to the city council, as secretary of the planning commission, that the planning commission has recommended approval, conditional approval, or denial of any map heard by the planning commission.

(i) Performing all other acts authorized by this chapter and the zoning code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The building official has the authority for interpreting all provisions of Article 1 of Chapter 9 of this Code and applying them to subdivisions governed by this chapter, approving data, plans, reports, and documents as required by this chapter, and performing all other acts authorized by this chapter or the municipal code, including, without limitation, overseeing residential condominium conversions described in Section 31-703.1, specific physical standards for residential condominium conversions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The planning commission has the authority to recommend approval, conditional approval, or denial of tentative maps, to the city council. The planning commission also has the authority to approve, conditionally approve, or deny parcel maps:

(a) that are not approved by the city planner and are referred by the city planner to the planning commission;

(b) that are heard on appeal of the decision of the city planner;

(c) for which a negative declaration or environmental impact report has been prepared;

(d) for mobile home park conversions as described in Section 31-708.1, approval of parcel map for mobile home park conversion; or

(e) for which a protest was received as described in Section 31-603.2, action by city planner.

The planning commission is the appeal body for all decisions of the city planner and may perform all other acts authorized by this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city council has the authority to approve, conditionally approve, or deny tentative maps and exceptions and any maps heard on appeal from the planning commission. The city council also has the authority to approve or deny final maps, mergers of substandard lots, or reversion to acreages, extensions of tentative maps, and improvement agreements; to accept, accept subject to improvements, or reject any offers of dedication for subdivisions of five or more lots; and to accept public improvements for subdivisions. The city council is the appeal body for all decisions of the planning commission and for other decisions as specified in this chapter and may perform all other acts authorized by this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)