Chapter 16.04


16.04.010    Definitions generally.

16.04.010 Definitions generally.

For the purpose of this title, certain terms used herein are defined as follows in this chapter. General definitions from zoning ordinance (Chapter 17) shall be incorporated by reference.

“Building” means any structure built entirely of frame or more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer.

Building, Accessory. “Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same building site.

“City council” means the city council of the city of Marina, state of California.

“Civil code” means the Civil Code of the state of California.

Density, Gross. “Gross density” means the ratio of family living units to a specified area, excluding major roadways, open spaces, and lands occupied by public facilities such as schools, but it includes local streets, subneighborhood parks, recreation areas, and other common open spaces.

Density, Net. “Net density” means the ratio of family living units to a specified area limited to land occupied by residential parcels for single-family houses and the sites of multifamily housing developments, exclusive of required street or open space dedications.

“Design.” Street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and firebreaks; traffic access; grading; land to be dedicated for park or recreational purposes; and other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan, the local coastal program or any applicable specific plan as required pursuant to Government Code Section 66473.5.

“Easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land.

Easement, Appurtenant. “Appurtenant easement” means an easement that runs with the land.

“Easements in gross” means not appurtenant to any estate in land or does not belong to any person by virtue of ownership of estate in other land but is mere personal interest in or tied to the land use of another, it is purely personal and usually ends with death of grantee.

Easements, Public Service. “Public service easements” means and includes all or part of, or any right in a right-of-way, easement or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, polelines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.

“Final map” refers to a map prepared in accordance with this title, which is designed to be placed on record in the office of the recorder of the county of Monterey.

Frontage, Street. “Street frontage” means the portion of rights-of-way paving from the face of curb to the rights-of-way centerline, including any raised median, plus twelve feet beyond, plus all property behind the face of curb to the ultimate rights-of-way line adjacent to the subject property, (including curb, gutter, street lights, street trees, landscaping, and fire hydrants.)

“Government Code” means the Government Code of the state of California.

“Improvement.” Any street work and utilities 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 the lot owners in the subdivision, local neighborhood traffic and drainage, and other needs as a condition precedent to the approval and acceptance of the final map thereof. “Improvement” can include but is not limited to improvements to street frontage, street work, sidewalks, raised medians, curbs, gutters, fire hydrants, driveways, storm drainage facilities, water lines, sanitary sewers and facilities, public utilities including existing overhead utilities required to be underground, landscaping, street trees, and fences or walls to be installed by the subdivider on land to be used for public right-of-way, private streets and easements, street lights and any other improvements defined by Section 66419 of the Subdivision Map Act. “Improvement” also refers to any other specific improvements or types of 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 to ensure consistency with, or implementation of, the general plan, the local coastal program or any applicable specific plan.

“Lateral Beach Accessway.” An access easement along the sandy beach frontage parallel to the water’s edge.

“Local Coastal Program.” Refers to the local coastal program land use and implementation plans as adopted by the city of Marina and certified by the California Coastal Commission.

“Lot line adjustment” means a division of land consisting of the relocation of an interior lot line between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater or lesser number of parcels than originally existed is not thereby created.

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel.

“Owner” means the individuals, firms, partnerships or corporations having proprietary interests in the land sought to be subdivided.

“Parcel map” means any subdivision containing four or less lots or parcels or otherwise qualifying for an exception per the Subdivision Map Act.

“Planning commission” means the planning commission of the city of Marina and the advisory agency referred to in the Subdivision Map Act.

Street, Private. “Private street” means a street, road, way, or alley for vehicular use and privately maintained within a development.

Street, Public. “Public street” means a street, road, way, or alley for vehicular use accepted by the city council and owned by or maintained by a state, county, or incorporated city.

“Structure” means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground but not including any trailer, tent or decks less than eighteen inches above the ground.

“Subdivider” means 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 for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”

“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. This definition also refers to a condominium project, a community or co-housing apartment project, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d), and (m) of Section 1351 of the Civil Code.

“Tentative map and tentative parcel 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 and need not be based upon accurate or detailed final survey of the property.

“Vertical Beach Accessway.” An access easement perpendicular from the nearest public road parallel to the ocean to the sandy beach frontage (see Lateral accessway).

“Vesting tentative map” means a map that meets the requirements of a tentative map and Section 66452 of the Subdivision Map Act. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)