Sec. 33-7. Definitions.
Whenever any words or phrases used in this Chapter are not defined herein, but are defined in the Subdivision Map Act as last amended, such definitions shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.
The following words and phrases shall have the meaning respectively ascribed to them:
Access strip: A narrow strip of land which is designed primarily to provide access between the main building or use area of a tandem lot and a street; and which is part of the lot.
Advisory agency: The Planning Commission of the City of Monterey.
Agency: An individual person, public or private corporate body, official or department, including but not limited to City officials, utility companies, special districts and the like, which are charged with the responsibility of reviewing, acting upon, or providing services in connection with, a subdivision or the occupants thereof.
Block: An area of land within a subdivision entirely bounded by streets (other than alleys or private drives), highways, natural barriers or the boundaries of the subdivision.
City Council: The City Council of the City of Monterey.
City Engineer: The City Engineer of the City of Monterey.
Condominium: The terms condominium, condominium project, community apartment, stock cooperative, and planned developments shall be defined in accord with the current law of the State of California. For purposes of this Section, the term condominium project, wherever herein used, shall include all of the above terms and those projects involving common ownership. (Ord 3402; 01/08)
Contiguous unit: Real property shown on the latest county assessment roll as a unit, even if it is separated by streets or other ways or easements.
Curb Return: The circular section of curbing connecting two intersecting streets.
Deep lot: A lot which has an average depth which is more than two and one-half times greater than its average width.
Design: The overall layout of the proposed subdivision, including but not limited to, the arrangement, width, grade, and alignment of streets and intersections; the layout and the size of lots; the installation of improvements; the width and the location of easements and right-of-way for utilities; drainage structures and sewers; the location of public and semi-public facilities; and the program for the preservation of natural features.
Dwelling unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family, with facilities for living, sleeping, cooking, and dining and which may be located in a single or in a multiple dwelling unit building.
Easements dedicated: An easement dedicated to the City and/or public utility, to be used for streets, alleys, other public ways or places, sanitary sewers, drainage, utilities, greenbelts, open space or scenic easements or other public purpose.
Engineer: A registered civil engineer, licensed by the State of California.
Final map: A map prepared in accordance with the provisions of the Map Act and of this Chapter and which is designed and intended to be placed on record in the office of the Monterey County Recorder.
General Plan: The General Plan of the City of Monterey and any amendments or additions thereto.
Improvement: Such street work, drainage, sanitary sewers, structures, utilities, landscaping, parks, or other such facilities as are proposed or required to be installed on the land or appurtenant thereto as necessary for the use or benefit of the lot owners in the subdivision, the surrounding area or for general community needs; but not including principal or accessory buildings intended for private occupancy.
Intersection: The place at which two or more streets meet.
“X” intersection: An intersection at which one street crosses another street, generally at a right angle.
“T” intersection: An intersection where one street terminates at another street, generally at a right angle.
“Y” intersection: An intersection at which one street intersects another street at an acute angle.
Landform: Terrain features formed by natural processes which have a definable combination and range of physical and visual characteristics; i.e., geologic formations, soil characteristics, groundwater conditions, watercourses, vegetation, topography and the like.
Lot: A parcel or 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.
a.Lot depth, average: The sum of the length of the two side lines of the lot divided by two.
b.Lot depth: The mean horizontal distance between the front and rear lot lines or between the front lot line and intersection of the two side lines if there should be no rear lot line, measured along a line from the midpoint of the front lot line to the midpoint of the rear lot line.
c.Lot line, front: In the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest recorded tract deed restrictions, approved as part of subdivision approval, specify another line as the front lot line.
d.Lot line, rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore-shaped lot, a line within the lot most nearly parallel to and at the maximum distance from the front lot line.
e.Lot line, side: Any lot boundary line not a front line or a rear lot line.
f.Lot width: The mean width of the lot measured at right angles to the lot depth at a point midway between the front and rear lot lines.
g.Irregular shaped lot: Any lot, not including tandem lots, with more than four sides.
Map act: The Subdivision Map Act of the State of California.
Minor subdivision: Any real property, improved or unimproved -- including condominiums, planned developments, and resubdivisions, shown on the latest adopted Monterey County Property tax rolls as a unit or contiguous units, divided or to be divided immediately or in the future into four or fewer lots, by combining parcels, establishing new lot lines or by altering existing lot lines, for the purpose of sale, lease, financing, transfer of title, division of interest, gift, inheritance, or separate use. Any such division made solely for street-widening purposes, or for the purpose of financing, or leasing apartments, offices, stores, or similar spaces within an apartment building, industrial building, commercial building or trailer park, shall not be considered a minor subdivision.
Multiple family dwelling project: The development of five or more dwelling units.
Natural ravines: Includes canyons, gullies, and valleys, generally of narrow configuration in proportion to their length and bounded by steep, sloping sides and generally containing significant trees or other natural vegetation.
Natural waterways: Includes the beds of significant rivers, streams, creeks or other natural watercourses providing drainage for an area, whether flowing continuously or intermittently.
Neighborhood: A geographical unit bounded by arterial streets, by substantial nonresidential land uses, or by natural barriers; in which residents may all share the common services and facilities required in the vicinity of the dwellings; and which possesses a certain degree of physical, social and economic homogeneity. A neighborhood should contain from 600 to 1,000 families, or a population sufficient to support one elementary school.
Non-access strip: A strip of land, not less than one foot wide, deeded or dedicated to the City of Monterey for the purpose of regulating access to thoroughfares from adjacent properties.
Open space usable: Any portion of a lot, including decks, balconies or the roof of a garage or carport not over 12 feet above grade, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways or service areas and shall not have a slope greater than 10% or any dimension less than ten feet except decks or balconies which shall have a minimum dimension of five feet.
Owner: The individual, firm, partnership, corporation, or other business or legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the law of the State of California and this Chapter.
Parcel map: A map showing a division of real property into four or fewer parcels prepared under the provisions of the Subdivision Map Act and this Chapter.
Parkway: The area between the curb line and the property line.
Planned unit developments: Residential, commercial, or industrial developments which utilize the advantages of large scale site planning to provide diversity in the relationships of building, structures, and open spaces.
Planning Commission: The Planning Commission of the City of Monterey.
Preliminary map: A map drawn at a scale and in sufficient detail to show the essential characteristics of the site and the proposed subdivision, but not as detailed as the tentative map. The purpose of the preliminary map is to provide a means of early review by the Community Development Director to make the subdivider aware of any special policies or programs concerning the land to be subdivided and to make the City aware of proposals which may affect plans for public services and facilities.
Standard specifications: All the standard specifications and standard detailed drawings for public improvements as adopted by resolution of the City Council.
Street: 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. Types of streets include:
a.Alley: A street of less than normal width and/or improvement standards which is designed primarily for the purpose of providing secondary access to abutting property.
b.Arterial: 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.
c.Collector street: A street designed to collect and distribute traffic between local streets and thoroughfares.
d.Cul-de-sac: A local street open at one end only which has a turn-around for vehicles at the closed end.
e.Freeway: An arterial highway designed for through traffic, having restricted or full control of access, and grade separated intersections.
f.Frontage road: A street adjacent and auxiliary to a freeway, thoroughfare or parkway, and separated therefrom by a divided strip which provides access to abutting property.
g.Industrial street: A street which serves an industrial area.
h.Local street: A street which provides direct access to abutting properties, primarily in residential districts.
i.Loop street: A local street, both ends of which intersect the same through street, and which has no intermediate intersections with other through streets.
j.Scenic drive: A street designed as a Scenic Highway by the State of California or the City of Monterey and designed to special standards or to serve special purposes or places in the community.
Street, private: A way designed primarily for the purpose of providing vehicular access to abutting property, the entire width thereof being privately owned and the improvements therein are or may be privately owned and/or maintained.
Subdivider: Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity commencing proceedings to effect a subdivision of land for himself or another under the terms of this Chapter.
Subdivision: The division of any improved or unimproved land, 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 easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined herein or in Section 783 of the Civil Code, or 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 governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. The most common types of subdivision are:
a.Condominium subdivisions: A division of real property in which the airspace within a building is subdivided; and is accompanied by an undivided interest in appurtenant real property held in common with other owners within the subdivision.
b.Hillside subdivisions: Hillside subdivisions are those which qualify for the application of special design and improvement standards because of their hillside characteristics as determined by the application of a special formula to establish the average cross slope of the land.
c.Minor subdivisions: A division of real property which creates four or fewer subdivided parcels.
d.Nonresidential subdivisions: A subdivision of real property for the purpose of creating parcels designed for commercial or industrial or other nonresidential land use activity.
e.Standard subdivisions: Standard subdivisions refers to those divisions of real property into five or more contiguous parcels and which are processed under the provisions of this Chapter as preliminary maps, tentative maps, and final maps.
f.Tandem lot subdivisions: A division of land involving one or more tandem lots.
g.Residential conversions: A subdivision shall include the conversion of a residential development to a condominium, community apartment project, or planned development.
“Subdivision” does not include the following:
a.The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks, except that the offering of leases within a mobilehome park as a mandatory requirement and prerequisite to tenancy within the mobilehome park shall be subject to the subdivision map or parcel map requirements in this Chapter.
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 four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created; however, the lot line adjustment must be approved by the Minor Subdivision Committee.
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.
f.The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the financing or leasing is not subject to review under other City ordinances regulating design and improvement.
g.The financing or leasing of existing separate commercial or industrial buildings on a single land parcel.
Surveyor: A land surveyor licensed by the State of California.
Tandem lot: A lot, the main use of building area of which does not abut a public street but is connected thereto by a narrow strip of land which is a part of the lot.
Tentative map: A map showing the design of a proposed subdivision and the existing conditions in and around said subdivision. It need not be based upon an accurate or detailed final survey of the property, except as otherwise provided in this chapter.
Trunk caliper: The diameter of the trunk of a tree or individual member of a tree group measured two feet above the existing ground level at the base.
Utility company: Any person or agency, public or private, which supplies electricity, communications, water, natural gas, or similar services to consumers.
Way: A defined route established for the transversal, passage or transmittal of persons, animals, vehicles, goods or services. Such may be public or private, improved or unimproved, and may or may not provide access to abutting property. The term includes streets, alleys, highways, bicycle, pedestrian or equestrian trails and paths, utility and access easements and the like.
Zone of influence: An area comprised of those properties lying within a specified radius of or distance from a proposed subdivision, and within which landowners are given notice of a proposed subdivision.
Zoning ordinance: The zoning ordinance of the City of Monterey. (Ord. 3653 § 17, 2022; Ord. 3524 § 2, 2015; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)