Chapter 17.10 DEFINITIONS

For the purpose of this title, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them herein. Whenever any words or phrases in this title are not defined herein but are defined in the Map Act, in the zoning ordinance or in the street right-of-way and improvement ordinance, or elsewhere in this code, such definitions are incorporated herein and shall apply to such words and phrases, unless the context clearly indicates a contrary intention. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1200.)

17.10.020 Advisory agency.

“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps or lot line adjustments. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 2, 2-21-78. 1990 Code § 8-1201.)

17.10.030 Ambient noise level.

“Ambient noise level” means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. (Ord. 1215 § 1, 12-20-77. 1990 Code § 8-1201.1.)

17.10.040 A-weighted sound level.

“A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated db(A) or dbA. (Ord. 1215 § 1, 12-20-77. 1990 Code § 8-1201.2.)

17.10.050 Block.

“Block” means an area of land within a subdivision which area is entirely bounded by streets, highways, or ways, except alleys; or the exterior boundary or boundaries of the subdivision. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1202.)

17.10.060 Commission.

“Commission” means the planning commission of the city of Fremont. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1203.)

17.10.070 Community noise equivalent level.

“Community noise equivalent level (CNEL)” means the average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and after addition of 10 decibels to sound levels in the night before 7:00 p.m. and after 10:00 p.m. (Ord. 1215 § 1, 12-20-77. 1990 Code § 8-1203.1.)

17.10.080 Council.

“Council” means the city council of the city of Fremont. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1204.)

17.10.090 Decibel.

“Decibel” means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. (Ord. 1215 § 1, 12-20-77. 1990 Code § 8-1204.1.)

17.10.100 Planning manager.

“Planning manager” means the planning manager, or the manager’s designee, of the city of Fremont, California. (Ord. 1659 § 1, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1204.2.)

17.10.110 Final map.

“Final map” means a map showing a subdivision for which a tentative and final map is required by the Map Act, prepared in accordance with the provisions of this title and the Map Act and designed to be recorded in the office of the county recorder. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1205.)

17.10.120 General plan.

“General plan” means the general plan of the city of Fremont, including the summary map, area plan maps, maps of adopted elements, and policy text. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1206.)

17.10.130 Interested party.

“Interested party” means any person owning real property or residing within the general plan planning area of the proposed subdivision. (Ord. 1050 § 1, 6-10.75. 1990 Code § 8-1207.)

17.10.140 Lot.

“Lot” means an area of land created or to be created, or established or to be established to remedy an illegal division of land, as a separate parcel for purpose of sale, lease, or financing. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1208.)

17.10.150 Lot line adjustment.

“Lot line adjustment” is the establishment of new division lines without creating additional lots on a parcel or parcels of land which heretofore were shown on a recorded subdivision, parcel map, or record of survey. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1209.)

17.10.160 Map Act.

“Map Act” means the Subdivision Map Act of the state of California. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1210.)

17.10.170 Parcel map.

As used in this title, “parcel map” means a map showing a subdivision for which a parcel map is required under subdivision (a), (b), (c) or (d) of Section 66426 of the Map Act, and other subdivisions for which a final map is not required under the Map Act, prepared in accordance with the provisions of this title and the Map Act, and designed to be recorded in the office of the county recorder. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1211.)

17.10.180 Standards, subdivision improvement.

“Subdivision improvement standards” means those standard details, standard specifications, and other standards reported upon by the city engineer and by the commission, as adopted by resolution of the council, which govern the design of improvements to be constructed pursuant to this title and the Map Act. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1212.)

17.10.190 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 himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 3, 2-21-78. 1990 Code § 8-1213.)

17.10.200 Subdivision.

As used in this title, “subdivision” means any unit or units of real property, improved or unimproved, or any portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units, which is divided by a subdivider for the purpose of sale, lease or financing, whether immediate or future, into two or more parcels, except that “subdivision” does not include:

(a) Buildings divided into apartments, offices, stores, or similar space within apartment buildings, industrial buildings, mobile home parks or trailer parks, for the purpose of lease or financing;

(b) Land divided by mineral, oil or gas leases;

(d) Land dedicated for cemetery purposes under the California Health and Safety Code;

(e) Leases of agricultural land for the cultivation of food or fiber or the grazing or pasturing of livestock;

(f) Lot line adjustments approved by the planning manager pursuant to Sections 17.20.490 through 17.20.520;

(g) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged land is a party;

(h) Short-term leases, terminable by either party on not more than 30 days’ notice in writing, of a portion of the operating right-of-way of a railroad corporation unless it can be shown that public policy necessitates the application of such regulations;

(i) 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 project is not subject to review under other local agency ordinances regulating design and improvement;

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

(k) Any separate assessment under Cal. Rev. & Tax. Code § 2188.7;

(l) The leasing of, or granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city.

Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to such governmental agency, public entity, public utility or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. The calculation of the number of parcels shall be separate from the imposition of any requirement that a parcel map or tentative map be filed.

For purposes of this chapter, property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way.

Nothing in this section shall prevent a purchaser of a unit of land created pursuant to this title from subdividing such land one time, pursuant to this title, prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.

“Subdivision” also includes a condominium project, as defined in Cal. Civ. Code § 1350, containing two or more condominiums, as defined in Cal. Civ. Code § 783, or a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, containing two or more parcels; or the conversion of five or more existing dwelling units to a stock cooperative as defined in Cal. Bus. & Prof. Code § 11003.2. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 3, 2-21-78; Ord. 1569 § 1, 9-13-83; Ord. 1659 § 1, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1214.)

17.10.210 Tentative map.

“Tentative map” refers to a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it. Such a map need not be based upon an accurate or detailed final survey of the property. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1215.)

17.10.220 Vesting tentative maps.

“Vesting tentative map” is a tentative map for a residential subdivision. The vesting tentative map must have printed conspicuously on its face the words “Vesting Tentative Map” when it is filed. (Ord. 1707 § 3, 1-14-86. 1990 Code § 8-1215.1.)

17.10.230 Zoning ordinance.

“Zoning ordinance” means Title 18. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1216.)