El Monte Municipal Code Ch. 16.42 Definitions

"Block" means an area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.

"Certificate of compliance" means a document recorded by the Los Angeles County Recorder which identifies, by legal description, certain real property and states that the division thereof complies with applicable provisions of this title and the Subdivision Map Act.

"Community apartment" means an undivided interest in common in the land coupled with the right of exclusive occupancy of an apartment unit which is part of a community apartment project.

"Community apartment project" means a type of project as defined by Section 11004 of the California Business and Professions Code.

"Condominium" means an estate in real property consisting of an undivided interest in common in a parcel of real property together with a separate interest in space in a residential, industrial or commercial building, such as, an apartment, office or store. In addition, a condominium may include a separate interest in other portions of such real property.

Such estate may, with respect to the duration of its enjoyment, be either:

A. An estate of inheritance or perpetual estate;

B. An estate for life; or

C. An estate for years, such as a leasehold or sub-leasehold.

"Condominium project" means a development consisting of condominiums.

"Condominium conversion" means the conversion of existing developed real property into a condominium, a community apartment project, or a stock cooperative.

"Cul-de-sac" means a street which terminates in a permanent turn-around and which by design is not intended to continue beyond its terminal point.

"Dedicated street" means a public thoroughfare or right-of-way dedicated or deeded to the city or other government agency for road purposes, and formally accepted as such by the city or condemned for use as such, other than an alley which affords the principal means of access to abutting property, including avenues, places, ways, drives, lanes, boulevards. highways, roads and any other thoroughfare except as excluded in this paragraph. Nothing herein shall preclude or stop the city from claiming a dedication by public use, but no dedication by public use may be asserted against the city, if the city does not elect to accept or treat the street or road as dedicated.

"Dedication" means private lands dedicated or deeded to the city of other government agency for public purposes including land for streets, sidewalks, sewer lines, water lines and other public purposes.

"Easement" means the legal right for a non-owner to use a specific part of another owner's land for a specific purpose. This can include ingress, egress, utilities and drainage over a specific portion of another's land. This may include easements for ingress and egress (e.g. for pedestrians and/or vehicles to access to and from a property), utilities (e.g. for electric power, telephone, internet, natural water, water, waste water and sewer services), open space/recreation and drainage.

"Final map" or "final tract map" means a map showing a subdivision of five (5) or more lots, prepared for filing with the office of the Los Angeles County Recorder in accordance with this title and the provisions of the Subdivision Map Act, if deemed in substantial compliance with a previously approved tentative map and with any conditions to such approval.

"Frontage" means that portion of a parcel of property which abuts on a public street.

"Improvements" means any street work and utilities to be installed, or agreed to be installed, by the subdivider 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 subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Improvements also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approval by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

"Improvement plans" means the plans, profiles, cross-sections, and specifications of all proposed improvements.

"Lot" means a parcel or portion of land separated from other 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.

"Lot line adjustment" means a shift or rotation of an existing lot line or other adjustment where a greater or lesser number of parcels than originally existed is not created.

"Lot merger" means the joining of two (2) or more contiguous parcels of land under one ownership into one parcel, pursuant to Chapter 3, Article 1.5 of the Map Act.

"Owner" means the individual, firm, association, syndicate, partnership, or corporation holding legal title to an interest in real property.

"Parcel" means a single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. Parcel shall also include two (2) or more parcels where the owner(s) have recorded a covenant with the office of the Los Angeles County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with city regulations. Also referred to as "lot."

"Parcel map" or "final parcel map" means a map prepared in accordance with the provisions of this Subdivision Ordinance, designed to be placed on record in the office of the Fresno County Recorder, and providing for the division of land which meets the exceptions set forth in Section 66426 of the Subdivision Map Act.

"Public improvement" means street work, utilities, and other facilities proposed or required to be installed within the subdivision for the general use of all the subdivision lot owners and for local neighborhood or community needs.

"Remainder" means that portion of an existing parcel or parcels of land which is not included as part of the subdivided land, pursuant to Section 66424.6 of the Subdivision Map Act.

"Reversion to acreage map" means a map prepared in accordance with the Subdivision Map Act for purposes of reverting previously divided parcels to acreage.

"Roadway types" means one of the following (see General Plan Figure C-4 for a map illustration):

"Collector streets" means an intermediate street that connects residential neighborhoods to each other and nonresidential districts. They collect traffic from local streets in residential neighborhoods and channel it onto arterials. Collector streets may also carry local transit service.

"Local streets" means a street that serves local land uses, typically residential neighborhoods, and provide direct access to individual parcels. Local streets typically carry the lowest volume of traffic, which is nearly exclusively local traffic. Local streets, being the primary means for residents to get around their neighborhood, should also accommodate bicycles and pedestrians. In some cases, however, local streets serve commercial and industrial uses.

"Major arterials" means a street that carry traffic from one part of the city to another and connect to the highway system. Arterials carry the highest volumes of traffic at the highest speeds, with limited interference to traffic flow. Major arterials typically function as truck routes and emergency response routes. However, they are not exclusively auto dominated streets; they may serge as major transit corridors and need to accommodate convenient and safe pedestrian travel.

"Secondary arterials" means a street that carry traffic from one part of the community to another and connect to major arterials. Secondary arterials typically carry lower volumes, principally local traffic, and are used for shorter trips to activity centers, jobs, residences, schools and other local destinations.

"Street, private" means a paved vehicular way built to city or Los Angeles County standards at the time of construction. It may be a separate parcel jointly owned by multiply property owners or it may be owned in sections by the different property owners that abut the private street. The vehicular way is typically managed through a recorded maintenance agreement, covenants, conditions and restrictions (CC&Rs) and/or a series of access easements.

"Street, public" means a paved vehicular way built to city or Los Angeles County standards at the time of construction. A public street is under the jurisdiction of a public authority and maintained by a public authority. The majority of streets in most cities are public.

"Subdivision improvement standard" means standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this title and the Subdivision Map Act.

"Specific plan" means a detailed and comprehensive land use and development plan for a defined area within the city, adopted pursuant to Sections 65450 through 65456, inclusive, of the California Government Code. A specific plan must be consistent with the general plan and must contain regulations for the uses of land, including the conservation of open space, along with development standards and an implementation program to provide for all infrastructure and public services needed to support the land uses described in the plan.

"Stock cooperative" means the same as defined by Section 11003.2 of the California Business and Professions Code.

"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 their self or for others.

"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. Property shall be considered contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. This definition shall specifically include condominiums, community apartment projects, or stock cooperative conversions.

"Tentative map" means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. The two (2) types of tentative maps include the following:

"Tentative parcel map" means the division of land into four (4) or fewer parcels, as authorized by Section 66248 of the Subdivision Map Act. In addition, a tentative parcel map may include the division of land into five (5) or more parcels subject to the criteria outlined in Section 66426 of the Subdivision Map Act.

"Tentative tract map" means the division of land into five (5) or more parcels that do not meet the criteria to qualify as a tentative parcel map.

"Urban lot split" means a ministerial subdivision of one parcel in a one-family dwelling zoning district into two (2) approximately equally sized lots, with each lot capable of being developed with two (2) units.

"Vacation" means the abandonment of a public right-of-way or public service easement such as roads, streets, alleys, public utility easements (e.g. power and gas company equipment) and public service easements (e.g. traffic signals, street lights), subject to the requirements of the California Streets and Highways Code, Subdivision Map Act and EMMC.

"Vesting tentative map" means a special form of a tentative map, filed pursuant to Chapter 4.5 of the Subdivision Map Act, which confers certain vested rights, for a specified period of time, to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting map is approved or conditionally approved.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)