§ 15.18

For the purpose of enforcing, implementing and interpreting the provisions of this title, certain terms and words are defined, as set forth in this chapter.

A designated official or official body charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve or disapprove maps subject to this title. The planning commission of the city of San Rafael is hereby designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

An official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposing of requirements or conditions, or the nature and extent of design or improvements recommended or decided by the advisory agency. The city council of the city of San Rafael is hereby designated as the appeal board with respect to subdivisions as provided in the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

A reproducible plan prepared after the installation of improvements that accurately depict the location, line, type, and material of the installed improvements.

(Ord. 1787 § 1 (part), 2002).

The collective of persons who own a condominium unit or have the right of exclusive occupancy in a condominium unit in a condominium development, stock cooperative or a community apartment project. Referred to as "homeowner's association" for residential condominium projects.

(Ord. 1787 § 1 (part), 2002).

A building envelope is that area of a lot or parcel that is designated for the purpose of identifying and confining the area allowed for lot development activities. Building envelopes are not to appear on a final map or parcel map and shall be recorded by deed describing the meets and bounds of the envelope.

(Ord. 1787 § 1 (part), 2002).

A building setback is a line indicating the distance that any structure can be constructed from a property line or right-of-way, which shall not be less than that required by the Zoning Ordinance (Title 14).

(Ord. 1787 § 1 (part), 2002).

A certificate that is issued by the city for the purpose of acknowledging the legal creation of a parcel of land. This certificate can be issued with or without conditions, depending upon the status of the parcel.

(Ord. 1787 § 1 (part), 2002).

The city of San Rafael.

(Ord. 1787 § 1 (part), 2002).

A licensed civil engineer that is designated by the city manager to serve as the city engineer for the purpose of carrying out the functions and tasks required of the city engineer in this title.

(Ord. 1787 § 1 (part), 2002).

A parcel of land that is owned in-fee by two (2) or more parties in undivided interest.

(Ord. 1787 § 1 (part), 2002).

The person designated by the city manager to serve as the community development director for the purpose of carrying out the functions and tasks required in this title.

(Ord. 1794 § 1 (part), 2002).

An estate in real property consisting of an undivided interest in common in a portion of a parcel in real property, together with a separate interest in space in a residential, industrial or commercial building(s) on such real property as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. For the purpose of enforcing and implementing this title, condominiums shall also include community apartment projects or stock cooperatives, although these are defined separately.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

An easement is a dedicated or recorded right-of-way over a parcel of land that is established for purpose of access, drainage facilities, public utilities, vehicular or pedestrian ways, bicycle paths and similar trails, or other necessary uses of facilities located outside the public right-of-way.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A division of land that is proposed for biotic or wildlife purposes and meets the conditions set forth in Section 66418.2 of the Subdivision Map Act.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A map which depicts a subdivision for which a tentative map or vesting tentative map and a final map are required by either this title or by the Subdivision Map Act. A final map is prepared by a land surveyor or

registered civil engineer that is authorized to practice land surveying, in accordance with the provisions of the Subdivision Map Act and this title and is recorded with the Marin County recorder's office.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

An improvement includes the construction of any and all streets, storm water drainage facility, utility, landscaping or other similar activity, to be installed or agreed to be installed by the subdivider, on land that is to be used for public or private streets, highways, neighborhood traffic or drainage needs, as a condition precedent to the approval and acceptance of a final map or parcel map. Improvement shall also mean other specific work or activity, installed by the subdivider or by the public agencies or utilities, where the installation of which is necessary to ensure consistency with, or implementation of, the San Rafael general plan or any applicable specific plan.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

Detailed plans which depict the improvements that are required to be installed or agreed to be installed by the subdivider or by the public agencies or utilities, as a condition precedent to the approval and acceptance of a final map or parcel map. Improvement plans are prepared by a registered civil engineer and are intended to accompany and supplement the final map or parcel map.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A parcel of land consisting of a single lot of record, used or intended for use under city zoning regulations as one site for a use or multiple uses.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

An adjustment in or the elimination of a property line(s) between two (2) or more existing, adjacent parcels, where the land area taken from one parcel is added to or consolidated with the adjacent parcel, and where the resulting number of parcels are no greater than the number of parcels that originally existed.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

Any subdivision creating five (5) or more parcels or lots or a condominium, community apartment, or stock cooperative containing five (5) or more units.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

15.18.210 - Minor subdivision.

Any subdivision creating four (4) or fewer parcels or lots or a condominium, community apartment, or stock cooperative containing four (4) or less units.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The joining of two (2) or more contiguous parcels of land under one ownership of record into one parcel.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A notice that is sent, by certified mail, to a property owner of record, which informs the owner that the city intends on recording a notice of merger or notice of violation on real property. The notice is intended to give the property owner the opportunity to submit supportive documentation disputing the intended action by the city, prior to the actual recordation of the notice of merger or notice of violation.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A notice that is filed with the Marin County recorder's office, which acknowledges that a parcel or lot is deemed merged with a contiguous lot under one ownership of record, under the provisions of this title and the Subdivision Map Act.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A notice that is filed with the Marin County recorder's office, which acknowledges that a parcel or parcels of land were created illegally and not consistent with the provisions of this title or the Subdivision Map Act.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

15.18.260 - Parcel map.

A map showing a subdivision for which a tentative map is required by this title, which has been prepared by a land surveyor or registered civil engineer who is authorized to practice land surveying, in accordance with the provisions of the Subdivision Map Act and this title for the purpose of recordation with the Marin County recorder's office.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

15.18.270 - Plat map.

A map, which depicts the meets and bounds (property boundaries) of a parcel of land or lot, but need not be based on an accurate or detailed final survey of the subject property.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

Property owner is the individual, firm, association, syndicate, co-partnership, or corporation having sufficient property interest in the land.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A map prepared by a land surveyor or a registered civil engineer authorized to practice land surveying, for the purpose of depicting a field survey of land.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A restriction on the use of all or a portion of a parcel or lot. Such restriction is recorded by either deed or is designated and described on a map.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The filing of a map for the purpose of reverting subdivided land and recorded lots to acreage.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A letter of credit, bond or other similar financial commitment that is posted with the city by the subdivider, which serves as a financial guarantee that the subdivision improvements required as a condition precedent to the approval and acceptance of a final map or parcel map will be constructed or installed.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A corporation that is formed or availed to primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrent with the transfer of the share or shares of stock in the corporation held by the person having right of occupancy.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The person, property owner, firm, corporation, partnership or association who proposes to subdivide, divides, or causes to be divided, real property into a subdivision, except that employees and consultants of such persons or entities, acting in such capacity are not subdividers.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The division, by any subdivider, of any unit or units of improved or unimproved contiguous land shown on the latest equalized county assessment roll as a unit or 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, and includes any division of land by gift or inheritance. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility, shall not be considered a division of land for the purposes of computing the number of parcels or lots.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The Subdivision Map Act refers to state of California Government Code Sections 66410 to 66499.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

An agreement that is executed between the city and the subdivider, which identifies the specific improvements that are required to be constructed or installed as a condition precedent to the approval and acceptance of a final map or parcel map. The purpose of the agreement is to stipulate the timing and deadlines for completion of the improvements, as well as the cost estimates and securities that are posted for insurance that the improvements are completed.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

The subdivision of a parcel within a residential single-family zone into no more than two (2) parcels pursuant to the authority set forth in Section 66411.7 of the Government Code.

(Ord. No. 2013, § 4, 8-1-2022)

A map prepared for the purpose of showing the design, layout and improvement of a proposed subdivision resulting in the creation of two (2) or more lots. A tentative map need not be based on an accurate or detailed final survey of the subject property.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).

A tentative map, as defined by this title, for a residential or non-residential subdivision which, upon approval or conditional approval is granted certain development rights that are vested within a time period,

as set by this title.

(Ord. 1794 § 1 (part), 2002: Ord. 1787 § 1 (part), 2002).