Chapter 16.26


16.26.010    Generally.

16.26.020    Advisory agency.

16.26.030    Alley.

16.26.035    Airspace subdivision.

16.26.040    Applicant.

16.26.050    Association.

16.26.060    Average cross slope.

16.26.070    Common interest subdivision/condominium.

16.26.080    Condominium conversion.

16.26.090    Day.

16.26.100    Distance.

16.26.110    Environmental impact report.

16.26.120    Final map.

16.26.130    Flag lot.

16.26.140    Flood hazard.

16.26.150    Future street.

16.26.160    General plan.

16.26.170    Geologic hazard.

16.26.180    Lot.

16.26.190    Lot line adjustment.

16.26.200    Lot width.

16.26.210    Lot depth.

16.26.220    Lot line, front.

16.26.230    Lot line, rear.

16.26.240    Lot line, side.

16.26.250    Merger.

16.26.260    Minor subdivision.

16.26.270    Nonresidential subdivision.

16.26.280    Path.

16.26.290    Parcel map.

16.26.300    Private road easement.

16.26.310    Remainder.

16.26.320    Reversion to acreage.

16.26.330    Right-of-way.

16.26.340    Roadway.

16.26.350    Slope.

16.26.360    Specific plan.

16.26.370    Stock cooperative.

16.26.380    Street.

16.26.390    Street tree.

16.26.400    Subdivider.

16.26.410    Subdivision.

16.26.420    Subdivision Map Act.

16.26.430    Tentative map.

16.26.440    Vesting tentative map.

16.26.010 Generally.

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. 1490 § 3 (part), 2006)

16.26.020 Advisory agency.

“Advisory agency” means the community development director, city engineer, or planning commission, as the case may be, which recommends to the council action on certain types of map applications. (Ord. 1490 § 3 (part), 2006)

16.26.030 Alley.

“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. 1490 § 3 (part), 2006)

16.26.035 Airspace subdivision.

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. 1507 § 3(26), 2007)

16.26.040 Applicant.

“Applicant” means the subdivider or his authorized representative. (Ord. 1490 § 3 (part), 2006)

16.26.050 Association.

“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Ord. 1490 § 3 (part), 2006)

16.26.060 Average cross slope.

“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. 1490 § 3 (part), 2006)

16.26.070 Common interest subdivision/condominium.

“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. “Planned development” means a development (other than a community apartment project, a condominium project, or a stock cooperative) with individual lots having land ownership with either or both of the following features:

1. The common area is owned either by the association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 of the California Civil Code.

For the purposes of these regulations, planned developments will be subject to condominium requirements and property development standards including lot coverage, density, setbacks, etc., unless accompanied by a planned development rezoning application consistent with Chapter 17.62 of the zoning regulations.

C. “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.

D. “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. 1490 § 3 (part), 2006)

16.26.080 Condominium conversion.

“Condominium conversion” means the conversion of property occupied under tenancies or estates other than condominiums to occupancy as condominiums. (See Chapter 16.17 of the San Luis Obispo Municipal Code, Common Interest Subdivisions and Condominium Conversions.)

16.26.090 Day.

“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. 1490 § 3 (part), 2006)

16.26.100 Distance.

All distances are measured horizontally unless noted otherwise. (Ord. 1490 § 3 (part), 2006)

16.26.110 Environmental impact report.

“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. 1490 § 3 (part), 2006)

16.26.120 Final map.

“Final map” means the recording instrument for a 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. 1490 § 3 (part), 2006)

16.26.130 Flag lot.

“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. (Ord. 1490 § 3 (part), 2006)

16.26.140 Flood hazard.

“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. 1490 § 3 (part), 2006)

16.26.150 Future street.

“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 council resolution and without further action by the owner. (Ord. 1490 § 3 (part), 2006)

16.26.160 General plan.

“General plan” means the adopted general plan of the city of San Luis Obispo. (Ord. 1490 § 3 (part), 2006)

16.26.170 Geologic hazard.

“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. 1490 § 3 (part), 2006)

16.26.180 Lot.

“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. 1490 § 3 (part), 2006)

16.26.190 Lot line adjustment.

“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. 1490 § 3 (part), 2006)

16.26.200 Lot width.

“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. 1490 § 3 (part), 2006)

16.26.210 Lot depth.

“Lot depth” means the distance between the front and rear lot lines, measured in the mean direction of the side lot lines. (Ord. 1490 § 3 (part), 2006)

16.26.220 Lot line, front.

“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. 1490 § 3 (part), 2006)

16.26.230 Lot line, rear.

“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. 1490 § 3 (part), 2006)

16.26.240 Lot line, side.

“Side lot line” means any lot line other than a front or rear lot line. (Ord. 1490 § 3 (part), 2006)

16.26.250 Merger.

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel. (Ord. 1490 § 3 (part), 2006)

16.26.260 Minor subdivision.

“Minor subdivision” means a subdivision of four or fewer parcels. (Ord. 1490 § 3 (part), 2006)

16.26.270 Nonresidential subdivision.

“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. 1490 § 3 (part), 2006)

16.26.280 Path.

“Path” means a way designed for use by pedestrians, bicycles or animals and not designed or intended for use by motor vehicles. (Ord. 1490 § 3 (part), 2006)

16.26.290 Parcel map.

“Parcel map” means the recording instrument for a minor subdivision involving four or fewer parcels. A parcel map shall require the components as described in Section 16.14.050. (Ord. 1490 § 3 (part), 2006)

16.26.300 Private road easement.

“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. 1490 § 3 (part), 2006)

16.26.310 Remainder.

“Remainder” means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development. (Ord. 1490 § 3 (part), 2006)

16.26.320 Reversion to acreage.

“Reversion to acreage” means the combining of two or more recorded, contiguous lots into a single parcel. (Ord. 1490 § 3 (part), 2006)

16.26.330 Right-of-way.

“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. 1490 § 3 (part), 2006)

16.26.340 Roadway.

“Roadway” means that portion of a street or alley used or intended to accommodate the movement of vehicles. (Ord. 1490 § 3 (part), 2006)

16.26.350 Slope.

See Section 16.26.060, Average cross slope. (Ord. 1490 § 3 (part), 2006)

16.26.360 Specific plan.

“Specific plan” means a plan for a designated area of the city, based on the general plan but containing more detailed regulations and programs, as provided in Section 65450 and following of the California Government Code. (Ord. 1490 § 3 (part), 2006)

16.26.370 Stock cooperative.

“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. 1490 § 3 (part), 2006)

16.26.380 Street.

“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. 1490 § 3 (part), 2006)

16.26.390 Street tree.

“Street tree” means a tree in a public place, street, special easement or right-of-way adjoining a street. (Ord. 1490 § 3 (part), 2006)

16.26.400 Subdivider.

“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. 1490 § 3 (part), 2006)

16.26.410 Subdivision.

“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, except for leases of agricultural land for agricultural purposes. 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 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a government agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber, or the grazing or pasturing of livestock.

(Ord. 1490 § 3 (part), 2006)

16.26.420 Subdivision Map Act.

“Subdivision Map Act” means the Subdivision Map Act of the state of California and such revisions as may be made by the California Legislature. (Ord. 1490 § 3 (part), 2006)

16.26.430 Tentative map.

“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. Unlike a “parcel map” defined above, a tentative map is not required to be drawn by a registered civil engineer. (Ord. 1490 § 3 (part), 2006)

16.26.440 Vesting tentative map.

“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. The vesting tentative map conveys development rights for subdivisions according to Chapter 16.12. (Ord. 1490 § 3 (part), 2006)