Chapter 23.08
DEFINITIONS AND RESPONSIBILITIES

Sections:

23.08.010    Definitions.

23.08.020    “A” terms.

23.08.030    “B” terms.

23.08.040    “C” terms.

23.08.050    “D” terms.

23.08.060    “E” terms.

23.08.070    “F” terms.

23.08.080    “G” terms.

23.08.090    “H” terms. (Reserved).

23.08.100    “I” terms.

23.08.110    “J” terms. (Reserved).

23.08.120    “K” terms. (Reserved).

23.08.130    “L” terms.

23.08.140    “M” terms.

23.08.150    “N” terms.

23.08.160    “O” terms. (Reserved).

23.08.170    “P” terms.

23.08.180    “Q” terms. (Reserved).

23.08.190    “R” terms. (Reserved).

23.08.200    “S” terms.

23.08.210    “T” terms.

23.08.220    “U” terms.

23.08.230    “V” terms.

23.08.232    Vesting tentative map.

23.08.240    “W” terms. (Reserved).

23.08.250    “X” terms. (Reserved).

23.08.260    “Y” terms. (Reserved).

23.08.270    “Z” terms.

23.08.280    Responsibilities.

23.08.280.1    City attorney.

23.08.280.2    City council.

23.08.280.3    City clerk.

23.08.280.4    Director of planning and community development.

23.08.280.5    City engineer.

23.08.280.6    Zoning administrator.

23.08.280.7    Zoning board.

23.08.010 DEFINITIONS.

Whenever any words or phrases used in this title are not defined herein but are defined in the Map Act, as last amended, such definitions shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.

(Ord. 80-42 (part), 1981).

23.08.020 “A” TERMS.

“Advisory agency” – Designated official or an official body charged with the duty of making investigations and reports on the design and improvements on proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to recommend approval, conditional approval, or disapproval of maps.

(Ord. 80-42 (part), 1981).

23.08.030 “B” TERMS.

“Block” – An area of land within a subdivision, entirely bounded by streets (other than alleys), highways, natural barriers, or the exterior boundaries of the subdivision.

“Buffer” – Any of a number of devices, e.g., landscaping, walls, etc., used to visually screen and/or limit noise intrusion.

(Ord. 82-43 § 1 (part), 1982; Ord. 80-42 (part), 1981).

23.08.040 “C” TERMS.

“Choker” – A narrowing of a street, either at an intersection or midblock, in order to reduce the width of the traveled way. While the term usually is applied to a design which widens a sidewalk, it also includes the use of islands which force traffic toward the curb while reducing the roadway width.

“Community apartment project” – A community apartment project containing two or more rights of exclusive occupancy, as defined in Section 11004 of the Business and Professions Code of the State of California.

“Community housing project” – A community housing project means and includes community apartment project, a condominium, a condominium project, a stock cooperative, and/or a planned development designed for, or capable of being used for, residential purposes.

(a)    Exceptions. A community housing project does not mean or include:

(1)    Financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

(2)    Mineral, oil, or gas leases;

(3)    Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.

“Condominium” – A condominium as defined in Section 783 of the Civil Code of the state of California.

“Condominium project” A condominium project, as defined in Section 1350 of the Civil Code of the state of California, containing two or more condominiums.

(Ord. 82-43 § 1 (part), 1982; Ord. 80-42 (part), 1981).

23.08.050 “D” TERMS.

“Design” means:

(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 firebreaks;

(5)    Lot size and configurations;

(6)    Traffic access;

(7)    Grading;

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

(9)    Any specific requirements in the plan other than configurations of the entire subdivision as may be necessary or convenient to ensure conformity to, or implementation of, the General Plan or any specific plan.

“Diverter” – A barrier placed at or near an intersection to channel or restrict the flow of traffic.

“Driveway apron” – A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the premises on which it is located; serves as a connector between garage or some portion of the property and an improved street.

(Ord. 82-43 § 1 (part), 1982; Ord. 80-42 (part), 1981).

23.08.060 “E” TERMS.

“Environmental impact report (EIR)” – A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Division 13 of the California Public Resources Code, and any amendment thereto, and may mean either a draft or a final EIR.

(Ord. 81-27 § 1, 1981; Ord. 80-42 (part), 1981).

23.08.070 “F” TERMS.

“Final map” – A map showing a subdivision for which a tentative and a final map are required by the Map Act or this title, prepared in accordance with the provisions of the Map Act and this title, and designed to be recorded in the office of the county recorder.

“Flag lot” – A lot the main use, or building area, of which does not abut a public street, but is connected thereto by a narrow strip of land which is part of the lot. (See subdivision (i) of Section 23.24.030.6.)

(Ord. 80-42 (part), 1981).

23.08.080 “G” TERMS.

“General plan” – The 1990 General Plan of the city of Santa Cruz adopted pursuant to Section 65300 et seq., of the Government Code, and any amendment thereto.

(Ord. 80-42 (part), 1981).

23.08.090 “H” TERMS.

(Reserved).

23.08.100 “I” TERMS.

“Improvement” – This term refers to street work, storm drainage, utilities, and landscaping to be installed, or agreed to be installed by the subdivider on the land used for public or private streets, highways, or easements as are necessary for the general use of 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 thereof; or to such other specific improvements or types of improvements, the installation of which, either by the subdivider or by public agencies or public utilities or by any other entity approved by the local agency, or by a combination thereof, is necessary or convenient to ensure conformity to, or implementation of, the General Plan or any specific plan.

(1)    Improvements shall be constructed in accordance with the improvement standards described in this title and/or with other applicable local standards and/or, when applicable, with standards as adopted by local utility companies and approved by the city engineer.

(Ord. 80-42 (part), 1981).

23.08.110 “J” TERMS.

(Reserved).

23.08.120 “K” TERMS.

(Reserved).

23.08.130 “L” TERMS.

“Lot” – A portion of land established for purposes of sale, lease, finance, division of interest, gift, inheritance, or separate use, separated from other lands by description on a subdivision map, parcel map deed, or other title transfer instrument, or by metes and bounds.

“Lot-line adjustment” – A minor relocation or rotation of an existing lot line not involving the creation of a new lot.

(Ord. 80-42 (part), 1981).

23.08.140 “M” TERMS.

“Map Act” – The Subdivision Map Act of the state of California.

“Median strip” – A strip of land, parallel to the curbs and between lanes of traffic traveling in opposite directions.

“Minor land division” – Any real property, improved or unimproved, including community housing projects, land developments, and resubdivisions shown on the last adopted Santa Cruz County property tax rolls as a unit or contiguous units, divided or to be divided, immediately or in the future, into four or fewer parcels by establishing new lot lines or by changing existing lot lines, for the purposes of sale, lease, financing, transfer of title, division of interest, gift, inheritance, or separate use.

(a)    Exception. Any such use made solely for street widening purposes, or for the purpose of financing or leasing apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, or trailer parks, shall not be considered a minor land division.

(Ord. 86-19 § 3, 1986: Ord. 82-43 § 1 (part), 1982; Ord. 82-14 § 1, 1982; Ord. 80-42 (part), 1981).

23.08.150 “N” TERMS.

“Natural ravine” – The term includes canyons, gullies and valleys, generally of a narrow configuration in proportion to their length, and bounded by steep, sloping sides and generally containing significant trees or other natural vegetation.

“Natural waterway” – The term includes the beds of significant rivers, streams, creeks, or other natural watercourses providing drainage for an area, whether flowing continuously or intermittently.

(Ord. 80-42 (part), 1981).

23.08.160 “O” TERMS.

(Reserved).

23.08.170 “P” TERMS.

“Parcel” – A lot as defined in Section 23.08.130 herein, or a dwelling unit in a community housing project.

“Parcel map” – A map showing a division of land for four or fewer parcels as required by this title and prepared in accordance with the provisions of this title and the Map Act.

“Peripheral street” – An existing street the right-of-way of which is contiguous to the exterior boundary of the subdivision.

(Ord. 80-42 (part), 1981).

23.08.180 “Q” TERMS.

(Reserved).

23.08.190 “R” TERMS.

Reserved).

23.08.200 “S” TERMS.

“Standard specifications” – All the standard specifications and standard detailed drawings prepared by the responsible city department and approved by ordinance.

“Street” – The term means a way, the entire width of which is within a publicly owned right-of-way and which contains pedestrian, vehicular, and utility improvements, facilities, and appurtenances. The term shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.

(1)    “Alley” – A street providing secondary access only to abutting property.

(2)    “Collector street” – A street designed to collect and distribute traffic between local streets and thoroughfares.

(3)    “Cul-de-sac” – A local street open only at one end, which has a turnaround for vehicles at the closed end.

(4)    “Freeway” – An arterial highway designed for through traffic, and having restricted or full control of access.

(5)    “Frontage road” – A street adjacent and auxiliary to a freeway, thoroughfare, or parkway and separated therefrom by a divider strip which provides access to abutting property.

(6)    “Industrial street” – A street which serves an industrial area.

(7)    “Local street” – A street which provides direct access to abutting properties, primarily in residential districts.

(8)    “Loop street” – A local street both ends of which intersect the same through street and which has no intermediate intersections with other through streets.

(9)    “Parkway” – A street designed as a scenic drive between thoroughfares, other parkways, freeways, local streets, park overlooks, community assembly points, beaches, or other public facilities.

(10)    “Thoroughfare” – A street designed to serve high-volume inter- and intra-city traffic and to act as a distributor between freeways, other thoroughfares, and major traffic generators.

“Stock cooperative” – The term means a stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the State of California, containing two or more rights of exclusive occupancy.

“Subdivider” – The term 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 considered subdividers.

“Subdivision” – The division of any improved or unimproved contiguous land for the purpose of sale, lease, or financing, whether immediate or in the future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights. The term includes a community housing project as defined herein. Any conveyancy of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purposes of computing the number of parcels.

(1)    Exceptions. The term subdivision does not include:

(A)    The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

(B)    Mineral, oil or gas leases;

(C)    Land dedicated for cemetery purposes under the Health and Safety Code of the state of California;

(D)    A lot-line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot-line adjustment is approved by the local agency or advisory agency;

(E)    Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

“Subdivision report” – That document which reflects those parties having any record title interests in the land to be subdivided, whose signatures are necessary under the requirements of the state Subdivision Map Act.

(Ord. 81-27 § 2, 1981; Ord. 80-42 (part), 1981).

23.08.210 “T” TERMS.

“Tentative map” – The term refers to a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it.

(Ord. 80-42 (part), 1981).

23.08.220 “U” TERMS.

“Usable open space” – Any portion of a parcel or a tract, including natural ravines, natural watercourses, parks, parkways, walkways, recreation areas, playgrounds, and the like, which is set aside, landscaped or developed for leisure or recreational uses. The term shall not include parking, driveway, or service areas.

(Ord. 80-42 (part), 1981).

23.08.230 “V” TERMS.

“Vacancy surplus” – The number of multifamily dwelling units being offered for rent or lease, in excess of a five percent vacancy rate for multifamily dwelling units, using the most recent survey issued by the Federal Home Loan Bank of San Francisco.

(Ord. 82-14 § 1, 1982).

23.08.232 VESTING TENTATIVE MAP.

“Vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 23.40.210, and is thereafter processed in accordance with the provisions hereof.

(Ord. 86-18 § 2, 1986).

23.08.240 “W” TERMS.

(Reserved).

23.08.250 “X” TERMS.

(Reserved).

23.08.260 “Y” TERMS.

(Reserved).

23.08.270 “Z” TERMS.

“Zoning board” – The Zoning Board of the city of Santa Cruz.

(Ord. 80-42 (part), 1981).

23.08.280 RESPONSIBILITIES.

Sections:

23.08.280.1    City attorney.

23.08.280.2    City council.

23.08.280.3    City clerk.

23.08.280.4    Director of planning and community development.

23.08.280.5    City engineer.

23.08.280.6    Zoning administrator.

23.08.280.7    Zoning board.

23.08.280.1 RESPONSIBILITIES – CITY ATTORNEY.

The city attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvements security.

(Ord. 80-42 (part), 1981).

23.08.280.2 RESPONSIBILITIES – CITY COUNCIL.

The city council shall have final jurisdiction in the approval of tentative and final maps and improvement agreements, and the acceptance by the city of such lands and/or improvements as may be proposed for dedication to the city for subdivisions of five or more parcels, including community housing projects.

(Ord. 80-42 (part), 1981).

23.08.280.3 RESPONSIBILITIES – CITY CLERK.

The city clerk shall be responsible for carrying out the responsibilities described by this title. These duties include, but are not limited to, setting and notification of public hearings, notification of action taken by the city council, transmittal of the final approved map to the clerk of the county board of supervisors, and any other duties as prescribed herein.

(Ord. 80-42 (part), 1981).

23.08.280.4 RESPONSIBILITIES – DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT.

The director of planning and community development is the planning director and shall be responsible for the management of the department of planning and community development in carrying out the responsibilities imposed on it by this title. These responsibilities include, but are not limited to, investigating proposed subdivisions for conformity to the General Plan, the zoning ordinance, and specific plans of the city of Santa Cruz, and reporting these findings, together with recommendations for approval or conditional approval, to the zoning board (for subdivisions of five or more parcels) or to the zoning administrator (for subdivisions of four or fewer parcels).

(Ord. 86-19 § 4, 1986: Ord. 80-42 (part), 1981).

23.08.280.5 RESPONSIBILITIES – CITY ENGINEER.

The city engineer shall be responsible for:

(1)    Establishing design and construction details, standards and specifications;

(2)    Checking and certifying final map for sufficiency of affidavits, offers of dedications, improvement plans and profiles, survey data, and other information required to ensure compliance with the Map Act and this title;

(3)    Inspection of subdivision improvements;

(4)    Acceptance of dedications and improvements for subdivision of four or fewer parcels;

(5)    Processing and approval of final maps, parcel maps, acreage maps, mended maps, subdivision improvement plans, lot-line adjustments, mergers, certificates of compliance;

(6)    Any other responsibilities as imposed on the city engineer by this title or by the Map Act.

(Ord. 2002-10 § 2, 2002: Ord. 80-42 (part), 1981).

23.08.280.6 RESPONSIBILITIES – ZONING ADMINISTRATOR.

The zoning administrator shall be responsible for approving or denying or referring to the zoning board the applications for divisions of land involving four or fewer lots or parcels, not including common areas.

(Ord. 86-19 § 5, 1986: Ord. 80-42 (part), 1981).

23.08.280.7 RESPONSIBILITIES – ZONING BOARD.

The zoning board shall be responsible for recommending to the city council approval, conditional approval, or denial of an application for tentative map approval for subdivisions of five or more units, and reporting its action to the city council. The zoning board shall be responsible for hearing appeals for subdivisions of four or fewer parcels, or for acting on minor land divisions through referrals from the zoning administrator.

(Ord. 86-19 § 6, 1986: Ord. 80-42 (part), 1981).