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For purposes of this chapter and Chapter 19.77, the following definitions apply:

A person “acting in concert with the owner,” as used in Section 18.27.040(I), means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with the owner of the parcel being subdivided.

“Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

“Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

“Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor if the entity owns ten percent or more of the interest in the property.

“Lower income household” has the meaning set forth in Health and Safety Code Section 50079.5.

“Moderate income household” has the meaning set forth in Health and Safety Code Section 50093.

“Sufficient for separate conveyance,” as used in Sections 18.27.040(L) and 19.77.040(I), means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

“Very low income household” has the meaning set forth in Health and Safety Code Section 50105.

Prior legislation: Ord. 2022-10 § 7 (Exh. A).