La Puente Municipal Code Ch. 11.08 Definitions

Sections:

• 11.08.001 Condominium.

• 11.08.002 Condominium project.

• 11.08.003 Condominium unit.

• 11.08.004 Common areas.

• 11.08.005 Community apartment project.

• 11.08.010 Dedication.

• 11.08.020 Design.

• 11.08.030 Design unit.

• 11.08.040 Division of land.

• 11.08.050 Drainage facility.

• 11.08.060 Final map.

• 11.08.070 Flood hazard.

• 11.08.080 Frontage.

• 11.08.090 Future street or alley.

• 11.08.100 Geological hazard.

• 11.08.110 General plan.

• 11.08.120 Highway.

• 11.08.130 Improvements.

• 11.08.135 Interested person.

• 11.08.150 Lot or parcel.

• 11.08.151 Map Act.

• 11.08.152 Minor lot line adjustment.

• 11.08.155 Mobilehome park project.

• 11.08.160 Ornamental street lighting.

• 11.08.170 Parcel map.

• 11.08.180 Person.

• 11.08.185 Planned development project.

• 11.08.190 Record of survey.

• 11.08.195 Stock cooperative.

• 11.08.200 Subdivider.

• 11.08.210 Tentative map.

(a) A condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in a space in a building on such property.

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

(1) An estate of inheritance or perpetual estate;

(2) An estate for life; or

(3) An estate for years, such as a leasehold or a subleasehold.

(Ord. 537 § 2 (part), 1985)

“Condominium project” means the entire parcel of real property divided, or to be divided, into condominiums including all structures thereon. A condominium project may be approved for residential, commercial, or industrial use.

(Ord. 537 § 2 (part), 1985)

“Condominium unit” means the element of a condominium project whether residential, commercial, or industrial, which is not owned in common with other owners of the condominium project.

(Ord. 537 § 2 (part), 1985)

“Common areas” means the entire condominium project excepting all units therein granted or reserved.

(Ord. 537 § 2 (part), 1985)

A community apartment project is created when an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

Such a project shall be subject to the same restrictions, conditions and requirements as for condominium projects.

(Ord. 537 § 2 (part), 1985)

“Dedication” means the grant of real property for public use whether by fee or easement.

(Ord. 537 § 2 (part), 1985)

“Design” shall have the same meaning defined by the Map Act.

(Ord. 537 § 2 (part), 1985)

“Design unit” means a parcel of land shown on a tentative map for which the subdivider requests approval of design.

(Ord. 537 § 2 (part), 1985)

(a) For the purpose of this title, “division of land” refers to any parcel or contiguous parcels of land, or any portion thereof, improved or unimproved, which are divided for the purpose of transfer of title, sale, lease or financing, whether immediate or future, into one or more parcels, except that the term “division of land” shall not refer to:

(1) Land dedicated for cemetery purposes under the Health and Safety Code of the state of California;

(2) The leasing or financing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, mobile home park, or trailer park;

(3) Division of mineral, oil, or gas leases;

(4) The leasing of agricultural land for agricultural purposes;

(5) A minor lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the approving body;

(6) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

(7) 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;

(8) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(b) “Division of land” also refers to a condominium project, as defined in Civil Code Section 1350, a community apartment project, as defined in Business and Professions Code Section 11004, and a stock cooperative, as defined in Business and Professions Code Section 11003.2.

(Ord. 537 § 2 (part), 1985)

“Drainage facility” means any drainage device or structure which may be used to control or direct the flow of water and/or alleviate flood hazards, including but not limited to berms, channels, culverts, curbs, ditches, gutters, pavement, and pipes.

(Ord. 537 § 2 (part), 1985)

“Final map” means a tract map or parcel map of a proposed division of land prepared in accordance with the provisions of this title and the Subdivision Map Act to be filed with the county recorder.

(Ord. 537 § 2 (part), 1985)

“Flood hazard” means a potential danger to life, land, or improvements due to inundation or stormwater runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

(Ord. 537 § 2 (part), 1985)

For design purposes only, the narrowest portion of a lot or parcel which abuts a public or private street or highway to which the lot or parcel has the right of access shall be considered the lot front.

(Ord. 537 § 2 (part), 1985)

“Future street or alley” means a street or alley which is necessary for the future division of lots within a division of land or for the development of adjacent properties and which is offered for public use at any indeterminate future time when the city council determines that the acceptance and construction of such street or alley is warranted.

(Ord. 537 § 2 (part), 1985)

“Geological hazard” means a hazard inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

(Ord. 537 § 2 (part), 1985)

“General plan” means a comprehensive long-term plan, including the elements thereof, adopted by the city pursuant to the provisions of Chapter 3, Title 7, of the state of California, Government Code.

(Ord. 537 § 2 (part), 1985)

“Highway” means a thoroughfare of primary importance in the city or state highway system other than a freeway, which is shown on the circulation element of the general plan.

(Ord. 537 § 2 (part), 1985)

“Improvements” shall have the meaning defined in the Map Act.

(Ord. 537 § 2 (part), 1985)

“Interested person” means any person whose rights of person or property are actually or potentially interfered with by reason of a decision of the advisory agency relative to its assigned duties.

(Ord. 537 § 2 (part), 1985)

“Lot or parcel” means a unit of land identified on a final map or parcel map, filed in the office of the county recorder, with a separate or distinct number.

(Ord. 537 § 2 (part), 1985)

“Map Act” means the state of California Subdivision Map Act.

(Ord. 537 § 2 (part), 1985)

For the purposes of this title, ‘‘minor lot line adjustment’’ refers to the minor alteration of an existing division of land which does not result in the creation of a new lot or parcel.

(Ord. 537 § 2 (part), 1985)

“Mobilehome park project” means and refers to any area or tract of land designed to accommodate mobile- homes used for human habitation on fee parcels approved as a division of land for mobilehome purposes and for which a final map or parcel map has been recorded pursuant to the provisions of this title. For the purpose of this title, this type of land division shall be considered a residential subdivision and shall be subject to the same restrictions, conditions and requirements as for condominium projects.

(Ord. 537 § 2 (part), 1985)

“Ornamental street lighting” means a system of street lighting composed of individual freestanding light standards.

(Ord. 537 § 2 (part), 1985)

“Parcel map” means a map showing each parcel of land prepared in accordance with the provisions of this title and the Subdivision Map Act in a manner to be filed in the office of the county recorder.

(Ord. 537 § 2 (part), 1985)

“Person” means any individual, corporation, company, firm, association, partnership, copartnership, joint venture, joint stock company, receiver, syndicate, club, estate, business trust, organization or any other entity, or the authorized agent thereof.

(Ord. 537 § 2 (part), 1985)

“Planned development project” is a subdivision of individually owned lots with one or more other parcels owned in common or with reciprocal rights in one or more other parcels. The lots are usually small, being the exact size, or slightly larger, of the improvements.

(Ord. 537 § 2 (part), 1985)

“Record of survey” means a map prepared in compliance with Section 8762 of the Business and Professions Code. A record of survey map cannot be used to divide real property or air space.

(Ord. 537 § 2 (part), 1985)

“Stock cooperative” means a corporation which is formed primarily for the purpose of holding title to an estate in real property consisting of an undivided interest in common in a parcel of real property, together with the right of all the shareholders of such corporation of exclusive occupancy of a portion of a building located thereon. A stock cooperative shall be subject to the same restrictions, conditions and requirements as for condominium projects.

(Ord. 537 § 2 (part), 1985)

“Subdivider” means and refers to a person who causes a division of land for himself or for others.

(Ord. 537 § 2 (part), 1985)

“Tentative map” means a preliminary plan of a proposed design unit prepared in accordance with provisions of this title and the Subdivision Map Act. “Tentative map” includes tentative tract maps and tentative parcel maps.

(Ord. 537 § 2 (part), 1985)