Chapter 17.10 DEFINITIONS

Unless the context otherwise requires, the definitions in this chapter govern the construction of this title. The definitions in the zoning ordinance and the Subdivision Map Act also apply and are incorporated here by reference. Common usage applies to terms not defined. (Ord. 752 § 32-2.1, 2000; 1991 code § 32-2.1)

17.10.020 Acreage.

Acreage means a parcel of land which is not a lot, as defined in this title, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage. (Ord. 752 § 32-2.2, 2000; 1991 code § 32-2.2)

17.10.030 Alley.

Alley means an improved public way to be used primarily for vehicular access to the back or side of a parcel of real property that otherwise abuts a street. (Ord. 752 § 32-2.3, 2000; 1991 code § 32-2.3)

17.10.040 Arterial street.

Arterial street means a public street which is identified as an arterial street by the Pleasant Hill General Plan Transportation Element. It is a street whose primary purpose is to carry traffic between areas of the city, provide direct service to principal generators, and to connect to the freeway system. (Ord. 752 § 32-2.4, 2000; 1991 code § 32-2.4)

17.10.045 Association.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a condominium or other common interest development. (Civil Code § 1351.) (Ord. 821 § 9, 2007)

17.10.050 Block.

Block means an area of land separated from other areas by adjacent streets, rights-of-way, railroads, public areas or the subdivision boundary. (Ord. 752 § 32-2.5, 2000; 1991 code § 32-2.5)

17.10.060 City engineer.

City engineer means the engineer of the city. The land-surveying functions of the city engineer may be performed by a city surveyor if that position is created by the city. By state law, a city engineer registered as a civil engineer after January 1, 1982 (R.C.E. No. 33,966 and higher), is not authorized to prepare, examine or approve the surveying maps and documents. These functions may only be performed by a civil engineer registered before January 1, 1982 or by a person authorized by state law to perform land surveying. (Govt. Code § 66416.5) (Ord. 752 § 32-2.6, 2000; 1991 code § 32-2.6)

17.10.070 Collector street.

Collector street means a public street which is identified as a collector street by the Pleasant Hill General Plan Transportation Element. It is a street which links small areas of neighborhoods to the arterial street system, carries through traffic within residential and commercial areas, and provides access to abutting properties. (Ord. 752 § 32-2.7, 2000; 1991 code § 32-2.7)

17.10.080 Community apartment project.

Community apartment project means a common interest development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located on it. (Civ. Code § 1351(d), Bus. and Prof. Code § 11004) (Ord. 752 § 32-2-8, 2000; 1991 code § 32-2.8)

17.10.090 Condominium.

Condominium means an estate in real property consisting of an undivided interest in common in a portion of the property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan. The condominium may be residential or commercial. A commercial condominium includes a commercial, industrial or any nonresidential condominium. (Civ. Code §§ 783, 1351(f).) (Ord. 821 § 9, 2007; Ord. 752 § 32-2.9, 2000; 1991 code § 32-2.9)

17.10.100 Conversion.

Conversion means the creation of separate ownership interests in an existing building. (Ord. 752 § 32-2.10, 2000; 1991 code § 32-2.10)

17.10.110 County.

County means Contra Costa County. (Ord. 752 § 32-2.11, 2000; 1991 code § 32-2.11)

17.10.120 County recorder.

County recorder means the Contra Costa County recorder. (Ord. 752 § 32-2.12, 2000; 1991 code § 32-2.12)

17.10.130 Cul-de-sac.

Cul-de-sac means a street which connects to another public street only at one end and is not planned for later extension. (Ord. 752 § 32-2.13, 2000; 1991 code § 32-2.13)

17.10.140 Days.

Days means calendar days unless this chapter or state law specifies otherwise. (Ord. 752 § 32-2.14, 2000; 1991 code § 32-2.14)

17.10.145 Declaration.

Declaration means the document (covenants, conditions and restrictions (CC&Rs), or however titled) which contains the restrictive covenants of the development, consistent with California Civil Code section 1353. (Ord. 821 § 9, 2007)

17.10.150 Dedication.

Dedication means the transfer by a subdivider to a public entity of title to real property or an interest therein, or of an easement or right in real property, the transfer of facilities, the installation of improvements or any combination of these. (Ord. 752 § 32-2.15, 2000; 1991 code § 32-2.15)

17.10.155 Department.

Department means the public works and community development department. (Ord. 821 § 9, 2007)

17.10.160 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 firebreaks;

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 physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. (Govt. Code § 66418) (Ord. 752 § 32-2.16, 2000; 1991 code § 32-2.16)

17.10.170 Development.

Development means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. (Govt. Code § 66418.1) (Ord. 752 § 32-2.17, 2000; 1991 code § 32-2.17)

17.10.180 Environmental Quality Act.

Environmental Quality Act means the California Environmental Quality Act and its implementing guidelines. (California Pub. Resources Code § 21000 et seq. and California Code of Regulations, Title 14, Chapter 3 § 15000 et seq.) (Ord. 752 § 32-2.18, 2000; 1991 code § 32-2.18)

17.10.190 Engineering geologist.

Engineering geologist means a geologist who is certified in the State of California to practice engineering geology. Engineering geology means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. (Ord. 752 § 32-2.19, 2000; 1991 code § 32-2.19)

17.10.200 Final map.

Final map means a map showing a subdivision of five or more lots, prepared in accordance with the provisions of the Subdivision Map Act and this title. (Ord. 752 § 32-2.20, 2000; 1991 code § 32-2.20)

17.10.210 Flood control district.

Flood control district means the Contra Costa County Flood Control and Water Conservation District. (Ord. 752 § 32-2.21, 2000; 1991 code § 32-2.21)

17.10.220 Flood hazard.

Flood hazard means the threat of overflow stormwaters having the capability to flood lands or improvements, transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of channels. (Ord. 752 § 32-2.22, 2000; 1991 code § 32-2.22)

17.10.230 General plan.

General plan means the general plan of the city and all amendments to it. (Ord. 752 § 32-2.23, 2000; 1991 code § 32-2.23)

17.10.240 Geotechnical engineer.

Geotechnical engineer or soils engineer means a civil engineer registered by the State of California and doing work consistent with the engineer’s authority under the California Business and Professions Code and the State Board of Registration for Professional Engineers and Land Surveyors. (Bus. and Prof. Code § 6736.1) (Ord. 752 § 32-2.24, 2000; 1991 code § 32-2.24)

17.10.250 Grading ordinance.

Grading ordinance means the grading, erosion and sediment control ordinance of the city and all amendments to it (PHMC Chapter 15.10, Grading). (Ord. 752 § 32-2.25, 2000; 1991 code § 32-2.25)

17.10.260 Improvements.

Improvements means and refer to (A) street work, sidewalks, curbs, gutters, driveways, stormwater control facilities, water mains, sanitary sewers and facilities, public utilities, landscaping and fences to be installed by the subdivider on the land to be used for public rights-of-way, private streets and easements as a condition of map approval, and (B) any other improvements necessary to implement the general plan or a specific plan and as defined by Subdivision Map Act § 66419. (Govt. Code §§ 66419(d), 66452.6) (Ord. 752 § 32-2.26, 2000; 1991 code § 32-2.26)

17.10.270 Improvement plans.

Improvement plan means an engineering plan submitted by a registered civil engineer showing the location and construction details of the streets, roads, grading, drainage facilities, sanitary sewers, water mains, utilities, traffic control devices and the pertinent structures and other on-tract and off-tract improvements required for a subdivision, as specified in PHMC § 17.35.050. (Ord. 752 § 32-2.27, 2000; 1991 code § 32-2.27)

17.10.280 Land surveyor.

Land surveyor means a professional land surveyor licensed by the State Board of Registration for Professional Engineers and Land Surveyors. (Bus. and Prof. Code § 8700 and following.) (Ord. 752 § 32-2.28, 2000; 1991 code § 32-2.28)

17.10.290 Local street.

Local street means one intended to provide direct access to residential, commercial, industrial or other abutting land. A local street should serve local traffic movements and is not intended to handle through traffic. (Ord. 752 § 32-2.29, 2000; 1991 code § 32-2.29)

17.10.300 Lot.

Lot means a legally created parcel or portion of land separate from others and delineated or described as a single integral unit on a subdivision map or by such other map approved under the Subdivision Map Act. (Ord. 752 § 32-2.30, 2000; 1991 code § 32-2.30)

17.10.310 Lot line adjustment.

Lot line adjustment means a shift or rotation of an existing lot line between two or more 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 created, as provided in PHMC § 17.05.050. (Govt. Code § 66412(d)) (Ord. 752 § 322.31, 2000; 1991 code § 32-2.31)

17.10.320 Major subdivision.

Major subdivision means the subdivision of land into five or more parcels or lots. (Ord. 752 § 32-2.32, 2000; 1991 code § 32-2.32)

17.10.330 Merger.

Merger means the joining of two or more contiguous parcels of land under one ownership into one parcel, as provided in PHMC Chapter 17.60. (Govt. Code § 66451.11) (Ord. 752 § 32-2.33, 2000; 1991 code § 32-2.33)

17.10.340 Minor subdivision.

Minor subdivision means the subdivision of land into four or fewer parcels or lots. (Ord. 752 § 32-2.34, 2000; 1991 code § 32-2.34)

17.10.350 Parcel map.

Parcel map means a map showing a subdivision of four or fewer lots, or a subdivision for which a parcel map is authorized under PHMC § 17.20.020, prepared in accordance with the Subdivision Map Act and this title. (Govt. Code § 66426) (Ord. 752 § 32-2.35, 2000; 1991 code § 32-2.35)

17.10.360 Planning commission.

Planning commission means the planning commission of the city. (Ord. 752 § 32-2.36, 2000; 1991 code § 32-2.36)

17.10.370 Private street.

Private street means any street not a public street. (Ord. 752 § 32-2.37, 2000; 1991 code § 32-2.37)

17.10.380 Public street.

Public street means a street for which the right-of-way is owned by the city, or offered for dedication to the public and accepted by the city. (Ord. 752 § 32-2.38, 2000; 1991 code § 32-2.38)

17.10.390 Public works standards.

Public works standards means the public works standards for public improvements prepared by the city engineer and adopted by resolution of the city council. (Ord. 752 § 32-2.39, 2000; 1991 code § 32-2.39)

17.10.400 Registered civil engineer.

Registered civil engineer means a civil engineer registered by the State of California and doing work consistent with the engineer’s authority under the California Business and Professions Code and the State Board of Registration for Professional Engineers and Land Surveyors. (Bus. and Prof. Code §§ 6700, 8700) (Ord. 752 § 32-2.40, 2000; 1991 code § 32-2.40)

17.10.410 Remainder – Designated remainder.

Remainder or designated remainder means that portion of an existing parcel which is designated on the required map as not a part of the subdivision. It is that portion not divided for the purpose of sale, lease or financing. The remainder is not counted as a parcel for the purpose of determining whether a final or parcel map is required. A remainder of five acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder. (Reference: PHMC § 17.20.030) (Govt. Code § 66424.6) (Ord. 752 § 32-2.41, 2000; 1991 code § 32-2.41)

17.10.420 Scenic easement – Open space easement.

Scenic easement or open space easement means an easement granted to the public whereby the owner relinquishes or limits the right to construct improvements on the land. (Govt. Code § 51051, Civ. Code § 815.1) (Ord. 752 § 32-2.42, 2000; 1991 code § 32-2.42)

17.10.430 Stock cooperative.

Stock cooperative means a common interest development in which a corporation is formed primarily for the purpose of holding title to improved real property and substantially all of the shareholders receive a right of exclusive occupancy in a portion of the property. (Civ. Code § 1351(m), Bus. and Prof. Code § 11003.2) (Ord. 752 § 32-2.43, 2000; 1991 code § 32-2.43)

17.10.440 Street.

Street means an improved or unimproved strip of land which provides access to lots. Street includes a public or private street, avenue, road, highway, lane, alley, court, square, crossing or intersection. (Ord. 752 § 32-2.44, 2000; 1991 code § 32-2.44)

17.10.450 Subdivider.

Subdivider means a person who proposes to divide, divides, or causes to be divided real property into a subdivision. (Govt. Code § 66423) (Ord. 752 § 32-2.45, 2000; 1991 code § 32-2.45)

17.10.460 Subdivision.

Subdivision means the division of land for the purpose of sale, lease or financing, whether immediate or future. The land may be improved or unimproved and is that land shown on the latest equalized county assessment roll as a unit or as contiguous units. Property is considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes condominium projects, community apartment projects and stock cooperatives. (Govt. Code § 66424) (Ord. 752 § 32-2.46, 2000; 1991 code § 32-2.46)

17.10.470 Subdivision Map Act.

Subdivision Map Act or Map Act means the provision of Division 2, Subdivisions, of the California Government Code, beginning with Section 66410. (Ord. 752 § 32-2.47, 2000; 1991 code § 32-2.47)

17.10.480 Tentative map.

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 preparatory to the approval of a final map or parcel map. (Govt. Code § 66424.5) (Ord. 752 § 32-2.48, 2000; 1991 code § 32-2.48)

17.10.490 Vesting tentative map.

Vesting tentative map means a tentative map for a subdivision which confers certain development rights. The words vesting tentative map appear conspicuously on the face of the map. The map is processed in accordance with PHMC § 17.25.100. (Govt. Code § 66424.5) (Ord. 752 § 32-2.49, 2000; 1991 code § 32-2.49)

17.10.500 Zoning administrator.

Zoning administrator means the zoning administrator of the city. (Ord. 752 § 32-2.50, 2000; 1991 code § 32-2.50)

17.10.510 Zoning ordinance.

Zoning ordinance means the zoning ordinance set forth at PHMC Title 18. (Ord. 752 § 32-2.51, 2000; 1991 code § 32-2.51)