San Luis Obispo Municipal Code Ch. 16.26 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. 1729 § 4 (Exh. A), 2023)

“Advisory agency” means the community development director, city engineer, or planning commission, as the case may be, which recommends to the city council action on certain types of map applications. (Ord. 1729 § 4 (Exh. A), 2023)

“Alley” means a public or private way which provides vehicular access to the side or rear of properties whose principal frontage is on a street. (Ord. 1729 § 4 (Exh. A), 2023)

An “airspace subdivision” for the purposes of these regulations is the three-dimensional subdivision of a commercial zoned property. Because there are no common areas, an airspace subdivision is not a condominium project for purposes of the Subdivision Map Act. Legal agreements recorded with the subdivision define how the lots and uses will function once individual components are sold. “Airspace lots” are defined as a division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied by a building or portion thereof. An airspace lot shall have access to appropriate public rights-of-way by means of one or more easements. Minimum lot sizes, lot dimensions, and lot area requirements shall not apply to airspace lots. Parking requirements, setback requirements, building density, floor area ratio, and associated property development standards shall apply and shall be determined as if all lots, buildings or structures in the airspace subdivision were merged into the same lot. (Ord. 1729 § 4 (Exh. A), 2023)

“Applicant” means the subdivider or their authorized representative. (Ord. 1729 § 4 (Exh. A), 2023)

“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Ord. 1729 § 4 (Exh. A), 2023)

“Average cross slope” means the ratio, expressed as a percentage, of the difference in elevation to the horizontal distance between two points on the perimeter of the area whose slope is being determined, with the line along which the slope is being measured running essentially perpendicular to the contours between the points. (Ord. 1729 § 4 (Exh. A), 2023)

“Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public agency or private car sharing company or organization that possesses a valid business license with the city of San Luis Obispo and provides hourly or daily services. Car share vehicles shall be stored on parking spaces dedicated to car share vehicles when not in use by a client. Execution of a contract between the public agency or private car sharing company or organization and the client, and retrieval of the car share vehicle’s keys, shall take place at the location of the car share vehicle. (Ord. 1743 § 10, 2025)

“Common interest subdivision” includes subdivided lands which include a separate interest in real property combined with an interest in common with other owners. The following types of common interest subdivisions are recognized by the city of San Luis Obispo, consistent with the Davis Sterling Common Interest Development Act:

A. “Condominium project” consists of an undivided interest in common in a portion of real property coupled with a separate interest in 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 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. Generally, condominiums are recognized as airspace ownership.

B. “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. For the purposes of these regulations, community apartments will be subject to the same requirements as condominiums.

C. “Stock cooperative” means a 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, the 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 real estate development for purposes of subdivision (f) of 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. (Ord. 1729 § 4 (Exh. A), 2023)

“Condominium conversion” means the conversion of property occupied under tenancies or estates other than condominiums to occupancy as condominiums. (See Chapter 16.17, Common Interest Subdivisions and Condominium Conversions.) (Ord. 1729 § 4 (Exh. A), 2023)

“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. 1729 § 4 (Exh. A), 2023)

All distances are measured horizontally unless noted otherwise. (Ord. 1729 § 4 (Exh. A), 2023)

“Environmental impact report” means a detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of the EIR are described in Article 9, Section 15120 of the state CEQA guidelines. (Ord. 1729 § 4 (Exh. A), 2023)

“Final map” means the recording instrument for a tentative tract map involving five or more parcels or as otherwise defined within the Subdivision Map Act. A final map shall require the components as listed in Section 16.14.050. (Ord. 1729 § 4 (Exh. A), 2023)

“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. “Flag lot subdivisions” are referred to in these regulations as “deep lot subdivisions.” (Ord. 1729 § 4 (Exh. A), 2023)

“Flexible lot design subdivision” means projects which consist of small lot subdivisions where each unit is within its own lot. In the R-2, R-3 and R-4 zones and commercial districts, development standards such as density, setbacks, and lot coverage are based on the exterior boundaries of the project site to provide for innovative designs and options for flexible development of site. In the R-1 zone, flexible lot design subdivisions have separate standards described in Section 16.17.030. (Ord. 1729 § 4 (Exh. A), 2023)

“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. 1729 § 4 (Exh. A), 2023)

“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 city council resolution and without further action by the owner. (Ord. 1729 § 4 (Exh. A), 2023)

“General plan” means the adopted general plan of the city of San Luis Obispo. (Ord. 1729 § 4 (Exh. A), 2023)

“Geologic hazard” means a condition in 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. 1729 § 4 (Exh. A), 2023)

“Lot” means a parcel of land which 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. 1729 § 4 (Exh. A), 2023)

“Lot line adjustment” involves the adjustment or relocation of existing, legally established lot lines between two or more directly adjacent parcels where a greater number of parcels than originally existed is not created. (Ord. 1729 § 4 (Exh. A), 2023)

“Lot width” means the sum of the lengths of the front and rear lot lines divided by two. For irregularly shaped lot or lots having more than two side lot lines, lot width shall be determined by drawing two lines perpendicular to one side lot line, one at the narrowest and one at the widest part of the lot, adding the lengths of the two lines, and dividing by two. (Ord. 1729 § 4 (Exh. A), 2023)

“Lot depth” means the distance between the front and rear lot lines, measured in the mean direction of the side lot lines. (Ord. 1729 § 4 (Exh. A), 2023)

“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. 1729 § 4 (Exh. A), 2023)

“Rear lot line” means the lot line opposite and most distant from the front lot line. In the case of an irregular or triangular lot, the rear lot line is a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of at least ten feet. (Ord. 1729 § 4 (Exh. A), 2023)

“Side lot line” means any lot line other than a front or rear lot line. (Ord. 1729 § 4 (Exh. A), 2023)

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel. (Ord. 1729 § 4 (Exh. A), 2023)

“Nonresidential subdivision” means a subdivision whose intended use is other than residential. Such subdivision shall comply with applicable provisions of these regulations. Subdivisions incorporating both residential and nonresidential uses, either upon the same land area or within different portions of the subdivision, shall comply with applicable provisions of these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

“Path” means a way designed for use by pedestrians, bicycles or animals and not designed or intended for use by motor vehicles. (Ord. 1729 § 4 (Exh. A), 2023)

“Parcel map” means the recording instrument for a subdivision involving four or fewer parcels or meeting the criteria of Section 16.08.050. A parcel map shall require the components as described in Section 16.14.050. (Ord. 1729 § 4 (Exh. A), 2023)

“Private road easement” means an easement recorded in the office of the county recorder, granted to owners of property adjacent to the parcel covered by the easement for access to the adjacent properties. (Ord. 1729 § 4 (Exh. A), 2023)

“Remainder” means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development. (Ord. 1729 § 4 (Exh. A), 2023)

“Reversion to acreage” means the voiding of a previous subdivision in order to revert the platted lots contained therein back to the original parcel or parcels which existed prior to the subdivision. (Ord. 1729 § 4 (Exh. A), 2023)

“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 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. 1729 § 4 (Exh. A), 2023)

“Roadway” means that portion of a street or alley used or intended to accommodate the movement of vehicles. (Ord. 1729 § 4 (Exh. A), 2023)

See Section 16.26.060, Average cross slope. (Ord. 1729 § 4 (Exh. A), 2023)

“Specific plan” means a plan for a designated area of the city. Specific plans are designed to implement the general plan and contain more detailed regulations and programs, as set forth in Sections 65450 through 65457 of the California Government Code. (Ord. 1729 § 4 (Exh. A), 2023)

“Stock cooperative” means an apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment in the development. For the purposes of these regulations, stock cooperatives will be subject to the same requirements as condominiums. (Ord. 1729 § 4 (Exh. A), 2023)

“Street” means a way for vehicular traffic, whether designated as a street, highway, road, avenue, boulevard, lane, place, way or other name. “Street” does not include a path or alley. (Ord. 1729 § 4 (Exh. A), 2023)

“Street tree” means a tree in a public place, street, special easement or right-of-way adjoining a street. (Ord. 1729 § 4 (Exh. A), 2023)

“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. 1729 § 4 (Exh. A), 2023)

“Subdivision” shall have the meaning as defined in the Subdivision Map Act, including any division for gift or token consideration. According to 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 easements or railroad rights-of-way. “Subdivision” includes a condominium project as defined 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.

(Ord. 1729 § 4 (Exh. A), 2023)

“Subdivision Map Act” means the Subdivision Map Act of the state of California (Division 2 of Title 7 of the California Government Code) and such revisions as may be made by the California Legislature. (Ord. 1729 § 4 (Exh. A), 2023)

“Tentative map” refers to a map made for the purpose of showing the design and improvement 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 as defined in Government Code Section 66424.5. Tentative maps are the map category that includes tentative parcel maps, tentative tract maps, and vesting tentative maps. (Ord. 1729 § 4 (Exh. A), 2023)

A “tentative parcel map” is the tentative map type required for all subdivisions with four or fewer lots or greater than four lots if consistent with Section 16.08.060(A). A parcel map is the recording mechanism for tentative parcel maps. (Ord. 1729 § 4 (Exh. A), 2023)

A “tentative tract map” is the tentative map type required for all subdivisions with five or more lots and which do not meet criteria of Section 16.08.060(A). A final map is the recording mechanism for tentative tract maps. (Ord. 1729 § 4 (Exh. A), 2023)

“Vesting tentative map” refers to a map made which meets the requirements of a tentative map and Chapter 16.12, and has the words “vesting tentative map” printed on it as defined in Government Code Sections 66424.5 and 66452. The vesting tentative map conveys development rights for subdivisions according to Chapter 16.12. (Ord. 1729 § 4 (Exh. A), 2023)