Chino Municipal Code Ch. 19.15 Definitions

Whenever any words or phrases used in this title are not defined herein but are defined in the Subdivision Map Act, as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this chapter.

(Ord. 2010-07, § 1(exh. A), 2010.)

The following words and phrases shall have the meanings respectively ascribed to them:

A. Definitions, "A".

1. Alley. "Alley" means a way intended primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and providing only secondary access to such property.

2. Apartment. "Apartment" means "apartment house" as defined in Section 20.04.050 of the Chino Municipal Code.

3. Applicant. "Applicant" means the owner(s), developer or subdivider of a project as their interests may appear.

B. Definitions, "B".

1. Bicycle path. "Bicycle path" means a path, trail, route, or land designated for use by bicycles and other nonmotorized traffic.

2. Block. "Block" means an area of land entirely bounded, or to be entirely bounded, by streets, highways or ways, railroads, or subdivision boundaries, except alleys.

3. Bona fide conversion. "Bona fide conversion" means a conversion that accomplishes the goal of resident ownership with a minimum of economic displacement of the current residents of the park and has the support of at least fifty-one percent of the current residents in the park.

C. Definitions, "C".

1. Certificate of compliance. "Certificate of compliance" means a certificate, recorded by the city, determining that the subdivision of real property complies with the provisions of the Subdivision Map Act and city ordinances enacted pursuant to the Subdivision Map Act. A recorded final map or parcel map shall constitute a certificate of compliance for the parcels of real property described in the map.

2. City engineer. "City engineer" means the City Engineer of the City of Chino including his/her deputies. If the city engineer was registered as a civil engineer after January 1, 1982, he or she shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act {Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code} or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act {Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code}.

3. Community apartment. The term "community apartment" means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements thereon coupled with the right of exclusive occupancy of any apartment located therein.

4. Condominium. "Condominium" means and includes the following:

a. Real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property.

b. A condominium project, as defined in Section 1350 of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code;

c. A community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

d. A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, containing two or more separately owned lots, parcels or areas.

e. In addition, any other such project as defined by state law shall be included, including developments which offer own-your-own or fee-ownership units, whereby the individual owns land directly below the "footprint" of the unit.

5. Condominium conversion. "Condominium conversion" means the conversion or division of a single ownership parcel of existing improved real property, such as an apartment project into a condominium form of ownership involving separate ownership of individual units.

6. Condominium conversion project. "Condominium conversion project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon.

7. Cul-de-sac. "Cul-de-sac" means a minor street which connects to another street at one end only.

D. Definitions, "D".

1. Department of community development. "Department of community development" means the Department of Community Development of the City of Chino.

2. Design. "Design" means: (A) street alignments, grades and widths; (B) drainage and sanitary facilities and utilities, including alignments and grades thereof; (C) location and size of all required easements and rights-of-way; (D) fire roads and fire breaks; (E) lot size and configuration; (F) traffic access; (G) grading; (H) land to be dedicated for park or recreational purposes; and (I) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

3. Developer. "Developer" means and includes the following:

a. A person, firm, corporation, partnership, or association who proposes to construct, or constructs, or causes to be constructed any development on or for any portion of any land proposed to be subdivided in accordance with this title, or on, or for, any land previously subdivided.

b. The owner or subdivider with controlling proprietary interest in the condominium project, or the person or organization making application hereunder.

4. Development. "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

5. Director of community development. "Director of community development" means the Director of the Community Development Department of the City of Chino and his/her deputies.

6. Dwelling unit. "Dwelling unit" means a building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.

E. Definitions, "E". None.

F. Definitions, "F".

1. Final map. "Final map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act of the state, which map is designed to be recorded in the office of the recorder of the county, for subdivisions of five or more parcels and as otherwise provided in said Act and this title.

2. Freeway. "Freeway," as defined in the Streets and Highways Code of the state, means a highway which, because of its design and relation to the state and county highway system, is or will be used primarily for fast, heavy, or dense traffic, and to which rights of access from abutting properties or streets along the right-of-way therefore will be prohibited or limited.

3. Frontage road. "Frontage road" means a street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to properties and protection from the through traffic on adjacent streets.

G. Definitions, "G".

1. General plan. "General plan" means the city's statement of goals and policies adopted by the city council as a long-range, comprehensive guide to the city's growth and development.

H. Definitions, "H".

1. Health department. "Health department" means the health department of the county, acting through the county health officer or his or her representative, which shall advise and act on behalf of the city concerning matters of sanitation and public health.

I. Definitions, "I".

1. Improvement plan. "Improvement plan" means an engineering plan, submitted by a civil engineer licensed to practice in the state, showing the design, sanitary sewers, water systems, grading, and earthwork, and all other development, appurtenant structures, and facilities and construction, including engineering calculations therein, comprising on-site and off-site improvements required for a subdivision or site development.

2. Improvements. "Improvements" means such street work and utilities, grading and earthwork, to be installed, or agreed to be installed, by the subdivider and/or developer 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 subdivisions or of the site and local neighborhood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map or parcel map of the subdivision, or, in the case of a site development, as a condition precedent to the issuance of any building permit. Improvements also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider and/or developer, by public agencies, by private utilities, by any other entity approved by the city council, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan.

J. Definitions, "J". None.

K. Definitions, "K". None.

L. Definitions, "L".

1. Landscaping. "Landscaping" means the planting and maintenance of living plant material, including the installation, use and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

2. Lot. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease, or separate use.

M. Definitions, "M".

1. Major thoroughfares. "Major thoroughfares" means a street, road, highway, or parkway, either existing or proposed, of general city or county importance, and so designated in the transportation element of the general plan.

2. Map Act. "Map Act" means the Subdivision Map Act of the state, Division 2 of Title 7 of the Government Code, commencing at Section 66410, as amended.

3. Median. "Median" means the area separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway.

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

5. Mobile home. "Mobile home" means a structure designed for human habitation and for being transportable on a street or highway under permit pursuant to California Vehicle Code Section 35790, and as defined in Section 18008 of the California Health and Safety Code. "Mobile home" does not include a recreational vehicle, as defined in California Civil Code Section 799.24, or a commercial coach, as defined in Section 18001.8 of the California Health and Safety Code.

6. Mobile home park. "Mobile home park" means an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for habitation.

N. Definitions, "N". None.

O. Definitions, "O". None.

P. Definitions, "P".

1. Parcel map. "Parcel map" means a map prepared in accordance with the requirements of this title and the Subdivision Map Act of the state, which map is designed to be recorded in the office of the county recorder for subdivisions of fewer than five parcels and as otherwise provided in said Act and this title.

2. Peripheral street. "Peripheral street" means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

3. Planning commission. "Planning commission" means the Planning Commission of the City of Chino.

4. Project. "Project" means the same as condominium conversion project as defined herein.

5. Public facilities. "Public facilities" means all improvements installed to serve the public, including, but not limited to, cable television, cemeteries, churches, communication equipment, corporation yards, electricity substations, fire stations, hospitals, landscaping, parks, public utility distribution, schools, sanitary sewer, storm drainage, street improvements, street lights, telephone and water facilities.

Q. Definitions, "Q". None.

R. Definitions, "R".

1. Recognized parcel. "Recognized parcel" means: (A) any lot or parcel which was a separate lot or parcel of record on December 1, 1977, as shown in the official records of the county recorder; (B) any lot or parcel which has been, or is, created after December 1, 1977, in accordance with state law or any applicable city ordinance; (C) any lot or parcel which, at the time of annexation to the city, is a separate lot or parcel of record, as shown in the official records of the county recorder.

S. Definitions, "S".

1. Site development. "Site development" means the development of any lot or parcel of land.

2. Site development agreement. "Site development agreement" means an agreement identical in form to a subdivision agreement, except that a site development is taking place without a subdivision.

3. Specific plan. "Specific plan" means a plan for a sub-area of the city that implements the goals and policies of the general plan and following the structural requirements in Government Code Section 65451.

4. Specifications. "Specifications" means specifications for construction materials, methods of construction, tests, design and construction standards, and related conditions of the city as adopted by ordinance or resolution of the city council. Such specifications shall be deemed to apply as though set forth in this title.

5. Stock cooperative. A "stock cooperative" is a corporation formed primarily for the purpose of holding title to improved real property, either in fee simple or for a term of years. All of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property. Title to occupancy is held by the corporation. Right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

6. Street. "Street" means a thoroughfare, including a road or highway that provides the principal means of access to abutting property. For the purpose of interpreting this title, any throughway except an alley shall be considered a street.

7. Street, arterial. "Arterial street" means any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.

8. Street, collector. "Collector street" means any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.

9. Subdivider. "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 him or herself or for others.

10. Subdivision. "Subdivision" means 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 easements, or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Civil Code Section 1351, 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.

11. Subdivision agreement. "Subdivision agreement" means a legal agreement between the subdivider and the City of Chino specifying the information required in Section 19.01.090 of this title.

12. Subdivision guarantee. "Subdivision guarantee" means a report from a title company certifying that the subdivider is the current property owner, and identifying all existing liens on the property.

13. Substandard lot. "Substandard lot" means any lot which does not meet the minimum dimension or area requirements for the zone as defined in Title 20.

T. Definitions, "T".

1. Tenant. "Tenant" means a person who rents, leases, or subleases through either a written or oral agreement, residential property from another.

2. Tentative map. "Tentative map" means a map, prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, for the purpose of showing the design of a proposed subdivision, the existing conditions in and around such subdivision, and other information as may be required at the time it is filed in accordance with Chapter 19.02 of this title. It is prepared prior to preparation of either a final map or a parcel map.

U. Definitions, "U".

1. Unit. "Unit" means the particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project.

2. Urban lot split. "Urban lot split" means the division of a single parcel into two separate parcels in compliance with the provisions of Section 19.04.110 (Urban lot splits).

V. Definitions, "V".

1. Vesting tentative map. "Vesting tentative map" means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words: "Vesting Tentative Map", at the time it is filed in accordance with Chapter 19.03 of this title. Vesting tentative maps differ from tentative maps in that approval confers upon the subdivider the right to proceed with development.

W. Definitions, "W".

1. Walkway. "Walkway" means a way, path, or trail designed for pedestrian traffic and not intended for use as a way for motor-driven vehicles. Public walkways, paths and trails shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.

2. Warranty security. "Warranty security" means a cash bond submitted by the subdivider to the city to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period.

3. Wind energy conversion systems. "Wind energy conversion system (WECS)" means a machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.

X. Definitions, "X". None.

Y. Definitions, "Y". None.

Z. Definitions, "Z". None.

(Ord. 2010-07, § 1(exh. A), 2010; Ord. 2022-010, § 3, 7-19-2022.)