Sections:

A.

This Chapter provides definitions of the technical and other terms and phrases used in this Development Code as a means of providing consistency in its interpretation. Where any definition in this Chapter may conflict with definitions in other titles of the Duarte Municipal Code, these definitions shall prevail for the purposes of this Code. If a word is not defined in this Chapter or in other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.

B.

In addition to the definitions provided in this Chapter, definitions for signs are contained in Chapter 19.42 (Signs) and definitions for adult business uses are contained in Chapter 19.62 (Adult Business Uses).

Accessory Dwelling Unit. See "Dwelling Unit."

Accessory Use. See "Use."

Accessory Building or Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure, and as may be further defined by the Building Code as requiring a Building Permit.

Acupuncture. A form of medical treatment involving the use of pressure, needles, or similar applications.

Administrative Variance. See "Variance."

Adult-Oriented Businesses. See Chapter 19.62 (Adult Business Uses).

Agriculture. All methods of production and management of crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting and marketing. Horticulture is not included.

Alcohol Sales, Off-Sale. Any establishment in which alcoholic beverages are sold, served, or given away for consumption off the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee.

Alcohol Sales, On-Sale. Any establishment in which alcoholic beverages are sold, served, or given away for consumption on the premises and which is applying for or has obtained any ABC Licenses for on-site consumption. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee.

Alcohol Sales, On-Sale, Accessory Only. Any establishment that has all of the following characteristics:

A.

Alcoholic beverages are sold, served, or given away for consumption on site.

B.

The establishment will sell or sells alcoholic beverages only as an accessory use to a commercial recreation use. Examples include snack bars and concession stands at facilities sport venues (e.g., baseball, football, rugby, soccer, etc.). For the purposes of this definition, a snack bar or concession stand is an establishment that sells confections, snacks, or other light meals for consumption on-site and that provides no inside seating or drive-through service for customers.

Alley. A public thoroughfare or lane (not more than 30 feet wide) that affords only a secondary means of access to abutting property (see Figure 9-1).

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Figure 9-1. Alley

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Amateur Radio Antenna. An amateur radio antenna is an antenna at a height and dimension sufficient to accommodate amateur radio service communications in compliance with Part 97 of Title 47 of the Code of Federal Regulations (or successor regulations).

Ambulance Fleet Services. A base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.

Amendment. A change in the wording, context, or substance of this Development Code, or a change in the zone boundaries upon the zoning map which is a part of this Title, in the manner prescribed by the Development Code.

Animal Hospital/Clinic. See "Veterinary Services."

Animal Keeping. The keeping of domestic animals cared for and owned by the occupants of the residential property in accordance with the provisions of Title 8 of the Duarte Municipal Code.

Animal Sales and Services:

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Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).

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Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by this Development Code. Overnight boarding is not allowed.

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Animal Retail Sales. The retail sales of household animals within an entirely enclosed building. These uses include grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale.

Antenna Tower. See "Wireless Telecommunications Facilities."

Apiary. A facility where beehives of honey bees are housed (also known as a bee yard).

ARB. See "Architectural Review Board."

Arcade (Electronic Game Center). An establishment that provides more than four amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. See also "Internet/Cyber Cafe."

Architectural Review Board. The Architectural Review Board (ARB) of the City of Duarte.

Area Median Income. The median household income for Los Angeles County as provided by Section 50093(c) of the California Health and Safety Code.

Artist Studios. See "Studio - Art, Dance, Martial Arts, Music."

Assembly/Meeting Facilities, Public or Private. A facility for public or private assembly and meetings, exclusive of "Places of Religious Assembly," which is defined separately. Examples of these uses include:

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banquet rooms

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civic and private auditoriums

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community centers

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conference/convention facilities

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meeting halls for clubs and other membership organizations

ATM (Automated Teller Machine). An automated device used by the public to conduct banking and financial transactions electronically (i.e., withdrawing cash from, or depositing cash or checks into, a bank, savings, credit union, credit card or similar account). Does not apply to retail point-of-sale transactions within a fully enclosed location. Also refers to machines located on properties separate from financial institutions.

Attic. The area located between the top plate and the roof or ridge of a building, as further defined in the Building Code (see Figure 9-2).

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Figure 9-2. Attic

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Auto Repair. See "Vehicle Repair and Service."

Auto Service or Servicing. See "Vehicle Repair and Service."

Auto Accessory Service. See "Vehicle Repair and Service."

Automatic Controller. A mechanical or solid-state irrigation system timer capable of operating irrigation valve stations to set the days and length of time of a water application.

(Ord. No. 874, § 2(Exh. A), 4-11-2017; Ord. No. 904, § 2(Exh. B), 7-27-2021)

Basement. Any area in a structure in which the ceiling is not more than 30 inches above grade so that it does not create a split-level or be considered as a regular story.

Bar. See "Eating and Drinking Establishments."

Bedroom. A bedroom is a private room intended primarily for sleeping. In order to qualify as a bedroom it requires a closet no less than 24 inches deep and 36 inches wide and a means of egress. A bedroom must also meet the minimum requirements under Section 16.04.075 (Minimum Bedroom Dimensions).

Best Management Practices (BMPs): Methods that have been determined to be the most effective, practical means of preventing or reducing pollution from non-point sources.

Berm. A raised earthen area (see Figure 9-3).

Figure 9-3. Berm

Bioswales. Landscape elements designed to remove silt and pollution from surface runoff water. A bioswale consists of a depressed drainage course with gently sloped sides and filled with vegetation, compost, and/or riprap, and designed to let water flow slowly. Bioswales are designed to slow down water flows after precipitation, let water soak into soil, and allow pollutants adhere and/or degrade. Bioswales can include underdrains (see Figure 9-4).

Figure 9-4. Bioswale

Breezeway. A structure with a roof and open sides that connects two buildings.

Building. See "Structure."

Building Line. A building line established by an ordinance, or any private property line bounding a public right-of-way.

Business and Business Activity. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes.

Cabana. See "Pool House."

Canopy or Canopy Structure. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopy structures include but are not limited to prefabricated canopies ready-made for simple assembly and canopies which are built, constructed, or composed of parts joined together in some definite manner. This definition excludes awnings attached to structures.

Caretaker Residence. A single dwelling unit on the site of a commercial, industrial, public or semi-public, or public assembly use occupied by a guard or caretaker and which is limited a single housekeeping unit.

Carport. A permanent roofed structure with not less than three totally enclosed sides, used for automobile shelter and automobile storage.

Catering Service. A facility for the preparation and storage of food and food utensils for off-premise consumption and service.

Cellar. See "Basement."

Check Cashing. A commercial land use that generally includes some or all of a variety of financial services including cashing of checks, warrants, drafts, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; money transfers; payday advances; issuance of money orders; and similar uses.

Church. See "Places of Religious Assembly."

City Council or Council. The elected legislative body of the City of Duarte.

Commercial Equipment. Includes but is not limited to backhoes, tractors, bucket loaders, air compressors, concrete mixers, road rollers, concrete pumps, or pole and pipe dollies, and similar transportable equipment.

Commercial Recreation and Entertainment. Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include:

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arcades or electronic games (see "Arcade")

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batting cages

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country clubs

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family fun centers

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golf courses

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internet/cyber cafes (see "Internet/Cyber Cafe")

Commercial Use. Any business that sells goods or services to the public, either retail or wholesale, for remuneration.

Compatible Use. See "Use."

Conditional Use. See "Use."

Conditional Use Permit. A discretionary permit required for certain uses specified in this Code to provide for the thorough review of such proposed uses and their associated structures and other improvements, with the intent of ensuring that if approved, such use can be operated in a manner compatible with surrounding uses. See Article 7 (Permit Processing Procedures).

Contiguous. The term "contiguous" shall mean the same as "abut."

Convalescent Facilities. See "Residential Care Facilities."

Convenience Store. Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public. Convenience store shall comply with the standards in Section 19.60.030 (Alcoholic Beverage Sales Businesses).

Corner Cutback. The provisions for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, and/or private driveways, as provided in the zones (see Figure 9-5). Such space shall be kept free of buildings, structures, and landscaping which would constitute a visual obstruction. See Section 19.32.030 (Corner Cutback Areas).

Crematorium. A mortuary building or facility that holds the equipment necessary for cremation.

Cul-de-sac. A road or street that is not a through road or street, that is open at one end for ingress and egress. At the end of a cul-de-sac is a special provision or area for vehicles to turn around (generally a circular area which may or may not have a center curb area).

Cultural Institution. Any facility such as a museum or library that displays or preserves objects of community or cultural interest relating to one or more of the arts or sciences. This use includes libraries, museums, and art galleries.

Curbline. The line of the face of the curb nearest to the street or roadway and shall include the extension of such line across a drive approach or other break in the curb.

Day Care, General. Establishments that provide nonmedical care for 15 or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers for children or adults. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a General Day Care facility. General Day Care establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by Article 2 of this Development Code.

Day Care, Limited. Nonresidential, nonmedical care and supervision of 14 or fewer persons on a less than 24-hour basis.

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Child Day Care:

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Child Care Home, Small Family (8 or fewer children). Day care facilities located in single-family dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a small family child care home.

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Child Care Home, Large Family (9 to 14 children). Day care facilities located in single-family dwellings where an occupant of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. Such use must comply all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a large family child care home.

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Fifteen or more children. See "Day Care, General" for facilities serving 15 or more children.

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Adult Day Care. See "Day Care, General."

Developer. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks city permits or approvals for all or part of a development.

Development Agreement. Means an agreement entered into between the city and a developer pursuant to Section 65864 of the California Government Code.

Discretionary Approval.

1.

Any entitlement or approval required by Title 18 or Title 19 of this code, including but not limited to, conditional use permit, variance, and subdivision map, or

2.

Architectural design review approval, if no other entitlement or approval is required by Title 18 or Title 19 of this code.

Donation Box. A bin, storage shed, or similar facility measuring no more than eight feet wide by eight feet long and eight feet high, and established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non-profit organization.

Drive-Through or Drive-Up Facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include fast food restaurants, banks, and pharmacies.

Drip Irrigation. A method of micro-irrigation wherein water is applied to the soil surface as drops or small streams through emitters.

Drought-tolerant Plants. Plants that require less water because they are adapted to regions with frequent drought or to soils with low water-holding capacity.

Dwelling. A structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations.

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Accessory Dwelling Unit. An attached or detached dwelling unit which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing qualified primary dwelling unit is situated.

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Dwelling Unit. Any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities.

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Multi-Family Dwelling Unit. A structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households.

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Primary Dwelling Unit. An existing single-unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household.

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Single-Family Dwelling Unit. A detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one household, including all domestic employees for such household.

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Two-Family Dwelling (Duplex) Unit. A development of two primary dwelling units (either attached or detached), or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.

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See also "Manufactured Housing" and "Mobile Housing Unit."

(Ord. No. 874, § 2(Exh. A), 4-11-2017; Ord. No. 904, § 2(Exh. B), 7-27-2021; Ord. No. 907, § 4.H., 3-8-2022)

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Eating and Drinking Establishments:

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Accessory Food Service. An establishment that sells food and/or beverages as an accessory use in a retail, office, or institutional structure and that does not change the character of the primary use.

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Bar, Lounges, Nightclubs, Taverns (includes independent or accessory establishments). Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from ABC and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee.

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Fast Food. A restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self-service and short stays by customers.

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Outdoor Dining. A dining area with seats and/or tables located outdoors of a sit-down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover.

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Limited. Outdoor dining area encompassing up to 800 square feet of area, inclusive.

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General. Outdoor dining area encompassing more than 800 square feet of area.

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Restaurant, Sit-down. An establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on-site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from individual menus. Customers typically pay for food and beverages after service and/or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated up on the premises, or snack foods, shall not constitute a sit-down restaurant.

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Take-Out Service. An establishment that offers a limited variety of food or beverages. Transactions are sales for off-site consumption. Customers are served either at a counter or service window. Incidental seating (less than 250 sq. ft. of seating area) may be provided for limited on-site consumption of food or beverages. Typical uses include bakeries, coffee stores, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens, and similar establishments.

Educational Facilities (Institution). Public or private elementary, junior high, or high schools; colleges or universities; or other schools giving general academic instruction. Educational facility does not include trade schools.

Electronic Cigarette and Vaping Accessories. Atomizers, atomizer tanks, metal mesh, heating coils, atomizer base with battery thread, cartomizer, cartomizer tanks, polyfill material, cartomizer base with battery thread, clearomizer, drip tip, clearomizer tank, cords, wicks, clearomizer base with thread, cartridges, tips, electronic cigarette device batteries, electronic cigarette device chargers, and any other item specifically designed for the preparation, charging, or use with an electronic cigarette and vaping.

Electronic Cigarette and Vaping Device. An electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other tobacco derived product. "Electronic smoking and vaping device" includes any such electronic smoking or vaping device, whether manufactured, distributed, marketed, or sold as an electronic cigarette (e-cigarette), an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, personal product vaporizer (i.e., liquid, dry herb, oils, wax, etc.), electronic nicotine delivery system, e-hookah, or any other similar system. "Electronic smoking and vaping device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Electronic Cigarette and Vaping Establishments. Clubs, lounges, or similar businesses that are dedicated for patrons to use electronic cigarette and vaping devices.

Electronic Game Center. See "Arcade."

Emergency Health Facility. Establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes "urgent care" facilities and walk-in clinics. Does not include hospitals (see "Hospitals").

Emergency Shelter. Housing with minimal supportive services for homeless persons. Occupancy is limited to a maximum of six months. See definition in Health and Safety Code (Section 50801[e]).

Establishment. See "Business and Business Activity."

Evapotranspiration. A collective term that includes water discharged to the atmosphere as a result of evaporation from the soil and surface-water bodies and as a result of plant transpiration.

Extended Stay Hotel. See "Long-Term Hotel."

(Ord. No. 852, § 5, 8-26-2014)

Façade. The portion of any exterior elevation of a structure or building from grade to the top of the roofline and the entire width of the structure.

Family. A group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of common areas of the premises which they occupy and sharing household activities and responsibilities such as meals, chores, and expenses. Notwithstanding the foregoing, any group of persons required to be considered as a "family" for zoning purposes pursuant to California Health & Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23, or any other state law shall be deemed to be a family for purposes of this code.

Farmers' Market. An outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods.

Fence. An artificially constructed barrier of any material (including shrubbery) or combination of materials erected to enclose or screen areas of land (see Figure 9-5). See also "Wall."

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Figure 9-5. Fence

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Financial Institutions and Related Services. A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money. This does not include check cashing.

Floor Area. The total horizontal floor area of all the floors of a building included within the surrounding walls, exclusive of vents, shafts, courts, elevators, stairways, porches, patios, terraces and similar facilities.

Floor-Area-Ratio (FAR). The numerical value obtained by dividing the aboveground gross floor area of a building or buildings located on a lot by the total area of the lot. If a street dedication is required, the calculation shall be based on the total area of the lot before the street dedication.

Freeway Lot Frontage. A property line abutting a freeway right-of-way or separated from a freeway only by a frontage road.

Frontage. That face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area.

Fueling Station. See "Vehicle Repair and Service."

Funeral Homes and Mortuaries. Establishments engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematories and/or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager.

Game Arcade. See "Arcade."

Garage. A fully enclosed facility used for the parking of vehicles. May be attached to or detached from the residence(s) or business(es) which it serves.

Garage and Yard Sales. As defined in Chapter 5.29 (Garage and Yard Sales) of the Municipal Code.

Government Facilities. A building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public.

Grade, Existing. The surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Development Code.

Grade, Finished. The elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Development Code.

Group Home. Any residential care facility licensed by the State of California for occupation by six or fewer persons. See definition under Title 22 (Social Security) in the California Code of Regulations (Section 80001[g]).

Habitable. A structure or property that is constructed for human occupancy. See also "Uninhabitable."

Handicraft Industry. Establishments engaged in on-site production of goods by hand involving the use of hand tools and small-scale equipment (i.e., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, etc.) and the incidental direct sale to consumers of only those goods produced on-site.

Hardscape. Areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation.

Health Care Business. See "Hospitals" and "Medical Use."

Health/Fitness Facilities:

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Small. An indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, and yoga and martial arts studios.

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Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers.

Height. See Section 19.32.040 (Height Measurement and Exceptions).

Heliport. An area used for the landing, parking, or takeoff of helicopters including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).

Helistop. A single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.).

Hillside. The side or slope of a hill.

Hollywood Driveway. Two paved wheel tracks each between 2.5 and 3.5 feet wide, separated by a planted strip at least three feet wide.

Home Occupation. The conduct of a business within a legal dwelling unit, with the business activity being incidental and clearly accessory to the primary residential use of the property. See Section 19.60.070 (Home Occupations).

Horticulture. The study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables in small gardens. Horticulture usually refers to gardening on a smaller scale, while agriculture refers to the large-scale cultivation of crops.

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Horticulture, Commercial. The cultivation of agricultural products for retail or wholesale sales. Includes plant nurseries.

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Horticulture, Private. The cultivation (but not sale) of agricultural products for use or consumption only by property owner or tenant.

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Horticulture, Public. See "Plant Nursery."

Horse Keeping. Boarding of horses owned by the occupants of the residential property.

Horse Boarding. See "Animal Sales and Services, Animal Boarding/Kennels."

Hospitals. A facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. Excludes sanitariums and residential care facilities.

Hotel. A commercial establishment offering overnight visitor accommodations, but not providing room rentals on an hourly basis. A hotel or motel may include, as permitted, ancillary facilities such as common meeting rooms, dining facilities, and guest amenities. See also "Long-Term Hotel" and "Motel."

Hydrozone. A distinct grouping of plants with similar water needs and climatic needs.

Industry. Establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. Excludes vehicle/equipment rentals ("Vehicle/Equipment Rentals"), vehicle repair and service ("Vehicle Repair and Service"), vehicle sales ("Vehicle Sales").

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Light. The manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of clothes, shoes, furniture, consumer electronics, and household items.

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Heavy. The manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies.

Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

Internet/Cyber Cafe. An establishment that provides more than three computers and/or other electronic devices, for access to that system commonly referred to as the "internet," e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs, to the public for compensation and/or for public access. Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center, computer/internet rental and cyber centers. See "Commercial Recreation and Entertainment."

(Ord. No. 908, § 3.B., 4-12-2022)

Reserved.

Kennel. See "Animal Sales and Services, Animal Boarding/Kennels."

Kitchen. A room used for preparation of food. A complete kitchen contains a sink, refrigerator, stove or range top, and oven or microwave. A partial kitchen is missing one of the above components.

Laboratories. See "Research and Development."

Landscaping. Any combination native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such pools, fountains, water features, paved or decorated walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping.

Late Hours. See Section 19.60.110 (Late Night and/or Twenty-Four Hour Uses)

Laundromat. A self-service laundry where coin-operated washing machines are available to individual customers.

Laundry and Dry Cleaning — Commercial. A facility that specializes in the process of cleaning clothes and other fabrics without using water, instead using solvents and specialized equipment.

Library. See "Cultural Institution."

Light Pollution. Light that is directed to areas where it is not needed, and thereby interferes with some visual act or is detrimental to an abutting use or zone.

Light Trespass. Light or glare that enters areas or premises outside the boundary of the premises to be illuminated.

Liquor Store. A retail establishment primarily engaged in the sale of beer, wine, and spirits, and regulated by the Department of Alcoholic Beverage Control.

Long-Term Hotel (Extended Stay). A long-term hotel facility offers transient lodging accommodations to the general public, targeted to the business or leisure traveler who is planning to stay for an extended time. To constitute an extended stay hotel, each hotel room must contain kitchen facilities to include a range cooktop, microwave or conventional oven, refrigerator, and sink.

Lot. (1) A parcel of real property delineated with a number or other designation on a plat recorded in the office of the County Recorder of Los Angeles County; or (2) a parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to law when recorded in the office of the County Recorder of Los Angeles County; or (3) a parcel of real property not delineated as in (1) or (2) above and containing not less than the prescribed minimum area for the zone in which it is located and which abuts at least one public street, which parcel has been divided pursuant to the provisions of Article 5 (Subdivisions) of the Municipal Code.

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Lot, Corner. A lot situated at the intersection of two or more streets (see Figure 9-6).

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Lot, Flag. A lot which is located to the rear of another lot and which has access to a public or private street via an extension of that lot consisting of a strip not less than 20 feet in width (see Figure 9-6).

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Lot, Interior. A lot other than a corner lot or reversed corner lot (see Figure 9-6).

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Lot, Reverse Corner. A corner lot having its side street lot line substantially a continuation of the front lot line of the first lot to its rear (see Figure 9-6).

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Lot, Through. A lot having frontage on two parallel or approximately parallel streets (see Figure 9-6). For the purposes of defining the front and rear lot lines on a through lot, the front lot line shall be established based upon the predominate orientation of properties within the same block as the lot in question. Where no predominate orientation exists, predominate shall mean 51 percent of the lots on the same block.

Lot Coverage. The percentage of the area of the lot covered by a building or structure. This includes the perimeter of the building as viewed from a plan view, plus the area of all accessory buildings and structures. Lot coverage calculations do not include any open projections such as balconies, decks, and eaves (that do not extend more than three feet from the wall). They also do not include pools, hot tubs, or similar features.

Lot Depth. The horizontal distance between the front and rear property lines, measured along a line midway between the side property lines. In the case of a lot having a curved front lot line, the lot front line (for purposes of measuring lot depth) shall be the line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines with the lot front line (see Figure 9-6).

Lot Width. For standard lots, the horizontal distance between side lot lines, measured at the required front setback line (see Figure 9-6). For flag lots, the pole portion of the lot (strip) is not included as part of the lot width determination and the lot width is measured at the applicable front setback line. For cul-de-sac lots, the lot width is measured at the front lot line.

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Figure 9-6. Lot Types

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Low-income Households. Households whose gross income does not exceed the income level for "low-income households" in Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development and as set forth in Section 50079.5 of the California Health and Safety Code.

Low-income Units, Moderate-income Units, and Very Low-income Units. Inclusionary units restricted to occupancy by low-, moderate-, or very low-income households, respectively, at an affordable housing cost.

Low-Water-Use Plants/Landscape. See "Water-efficient Landscape."

Low-Water-Usage Irrigation Systems. See "Water-efficient Irrigation System."

Market Rate Units. Dwelling units in a residential development that are not inclusionary units.

Manufactured Housing Unit. A dwelling unit which is either wholly or mainly manufactured at an off-site location and is assembled on site on a permanent foundation with permanent service connections. The definition does not include a mobile home, mobile accessory structure, or an automobile trailer or recreational vehicle.

Maintenance and Repair Services. Establishments that provide home appliance and/or electronic or office equipment repair and maintenance, or building maintenance services. Does not include maintenance and repair of vehicles (see "Vehicle Repair and Service").

Massage Establishment. An establishment where massage services are provided. Massages are defined as the application of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client, which shall include but not be limited to services referred to as Reiki, applied oils, body sponge, reflexology, bodywork, and acupressure.

Medical Clinic. A facility that offers non-emergency medical care services on an out-patient basis.

Medical Use. Any use involving the care of persons' general health by licensed practitioners. Includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical arts and directly related laboratory services.

Ministerial. A government decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the action, including the issuance of a permit.

Mixed Use Development (Mixed Use Project). An approach to land use development that involves integrating two or more different but highly compatible types of uses on the same property as part of a unified development. Generally, Mixed Use Development consists of commercial and residential uses integrated either vertically in the same structure or group of structures, or horizontally on the same development site where parking, open spaces, and other development features are shared. However, light industrial and commercial development may also be considered as Mixed Use. In a Mixed Use Development, both uses are considered primary uses of the land.

Mobile Housing Unit (Mobile Home). A transportable structure that is built on a permanent chassis and designed to function as a dwelling when connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems (pursuant California Health and Safety Code Sections 18007 and 18008) and placed on a pad intended for such housing unit. This definition does not include a trailer or recreational vehicle.

Mobile Home Park. A type of residential development, established either as a legal subdivision of land with individual mobile home pads and common areas or as a development where pads are leased or rented, for the purpose of accommodating mobile home units on individual pads as part of a coordinated development. A mobile home park may include common areas and facilities for the use of all park residents.

Moderate-Income Households. Households whose gross income does not exceed the percentage of the median income for Los Angeles County, as published annually by the California Housing and Community Development Department and as set forth in Section 50093 of the California Health and Safety Code.

Modular Home. See "Manufactured Housing Unit."

Motel. A lodging establishment typically featuring a series of rooms whose entrances are immediately adjacent to a parking lot.

Motor Home. See "Recreational Vehicle."

Multi-family Dwelling. See "Dwelling, Multi-family."

Museum. See "Cultural Institution."

(Ord. No. 857, § 2, 4-28-2015)

Nail Salon. See "Personal Services, General."

Native Plant Species. Any plant species with a geographic distribution indigenous to all or part of Southern California, according to the best scientific and historical documentation.

Newsstand. A stall, within an enclosed building, where newspapers and other periodicals are sold.

Nightclub. See "Eating and Drinking Establishments."

Nonconforming Lot or Parcel. Any property created by a legal subdivision of land that was created in compliance with all applicable ordinances and laws at the time the property was subdivided but which, due to subsequently enacted ordinances or laws, no longer complies with the applicable regulations and standards for the zone in which the property is located.

Nonconforming Structure. Any structure, building, or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time it was erected but which, due to subsequently enacted ordinances or laws, no longer complies with the applicable regulations and standards for the zone in which the structure is located.

Nonconforming Use. See "Use."

Nursery School. See "Child Day Care Facility."

Office:

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Accessory. See "Use, Accessory Use."

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Administrative Business Professional, Corporate. An establishment providing direct, "over-the-counter" services to consumers (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property.

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Government. An administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.

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Medical and Dental. An office or health facility providing health services including, without limitation, preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatral, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation.

Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Off-Street Parking Facilities. A site or portion of a site, not including any public right-of-way, devoted to the parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

Open Space:

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Open Space, Common. The total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests. Examples include barbecue and picnicking areas, play areas, swimming pools, tennis courts, turf areas, and other recreational or leisure features and facilities. Common Open Space does not typically include enclosed spaces/facilities such as a community center, meeting rooms, etc.

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Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

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Open Space, Usable or Improved. Outdoor space that serves a recreational function or provides visual relief from the building mass.

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Open Space, Unimproved. Any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state.

Outdoor Charitable Donation Boxes. See "Donation Boxes."

Outdoor Dining. See "Eating Establishments."

Outdoor Entertainment. Any activity conducted out of doors and accessory to an allowed commercial use, and conducted for the enjoyment of the commercial patrons. Does not include any activity conducted out of doors in association with an approved Temporary Use Permit pursuant to Chapter 19.124 (Temporary Use Permits).

Outdoor Storage. The storage of any materials outside of a structure, either as an accessory or primary use.

Outdoor Use and Display. Any condition other than storage whereby activities are conducted and/or merchandise is placed and advertised for sale outside of a structure, either as an accessory or primary use.

Outpatient Surgery Facility. Outpatient surgery facility, also referred to as ambulatory surgery facility, is a medical facility where surgery is performed that does not require an overnight hospital stay. Patients may go home after being released following surgery and time spent in the recovery room.

Parking, Joint Use. The use of a single parking facility by several related uses occupying the same or adjacent parcels. For example, the use of a single parking facility by tenants of a shopping center.

Parking, Shared. The use of a single parking facility by two distinctly different uses with distinctly different hours of operation such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other. For example, distinctly different uses could be a place of religious assembly which generally has weekend parking demands and an office development, which typically uses the parking facility during the week.

Parking Space. An unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle.

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Garage Parking Space. A parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles.

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Off-Street Parking Space. A permanent parking space for a vehicle which is designed to City standards and not located on a dedicated street right-of-way.

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On-Street Parking Space. A parking space for a vehicle which is designed to City standards and located on a dedicated street right-of-way.

Parking Structure. A structure that is designed specifically for automobile parking and where there are a number of floors or levels on which automobiles park.

Parks and Recreation Facilities. Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including sports courts. May include passive outdoor recreation areas that also may be located in conservation areas and/or qualify as "open space." Does not include the same facilities that are privately owned or commercial facilities ("Commercial Recreation and Entertainment").

Parkway. That portion of the public right-of-way between the curb and sidewalk or, where no sidewalk is provided, between the curb and adjacent private property line. A parkway generally includes landscape improvements.

Patio. A paved unenclosed outdoor area that is used for lounging, dining, etc.

Patio Cover. A solid or open roof structure and covering a patio, platform, or deck area, and that is either detached from or attached to another structure.

Permeable Surfaces. A surface where the surfacing material itself is impermeable to the inflow of rainwater, but the surface has inlets or holes through it which water enters the soil or construction below.

Personal Services Business. Any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming, or appearance.

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Personal Services, General. Establishments that provide recurrently needed services of a personal nature. Examples of these uses include:

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acupuncture

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barber and beauty shops (without massage services)

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clothing rental shops

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day spas

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dry cleaning pick up stores with limited on-site cleaning equipment

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laundromats (self service laundries)

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locksmiths

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nail salon

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shoe repair shops

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tailors and seamstresses

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tanning salons

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Personal Services, Restricted. Personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

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checking cashing

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fortune-telling and psychic services

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game arcades

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internet cafes

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massage establishments, in compliance with Chapters 5.56 and 19.60.112 of the Duarte Municipal Code

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palm and card readers

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tattoo and body piercing services

Personal Storage (Mini-Storage or Self-Storage, Indoor Only). A structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, office or business services, or human habitation in any storage space or anywhere on site.

Pharmacy. A place where prescription drugs are dispensed.

Places of Religious Assembly. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy. Associated uses (i.e., day care centers, full-time or part-time schools, or emergency housing) may be allowed but required separate discretionary approvals pursuant to the requirements of this Development Code.

Planned Development. An area of land, controlled by a landowner, to be developed as a unified project and single entity for a group of townhouse dwellings and/or detached dwelling units, the plan for which may not correspond in lot size, bulk or type of dwelling, density, lot coverage, setback or required open space to the regulations in this Development Code.

Planning Commission or Commission. The Planning Commission of the City of Duarte.

Plant Nursery. A place where plants are propagated and grown to usable size. They include retail nurseries which sell to the general public, wholesale nurseries which sell only to businesses such as other nurseries and to commercial gardeners, and private nurseries which supply the needs of institutions or private estates.

Pool House. A detached structure used as bathhouse. Structure shall not be used for sleeping purposes.

Porte-Cochere. An accessory structure open on three sides and attached to the side or front of a building through which cars pass and is established for the convenient loading and unloading of passengers from an automobile. A porte-cochere is not a carport or garage nor may it be used to satisfy off-street parking requirements.

Postal Services. Establishments that provide commercial retail postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services.

Primary Use. See "Use."

Printing and Duplicating Services. An establishment providing printing, blueprinting, photocopying, engraving, binding, or related services.

Public Assembly, Place of. See "Assembly/Meeting Facilities, Public or Private."

Public Facility. A site or structure owned and operated by the City of Duarte, or other public agencies, for the purpose of providing one or more services to residents of the City, and/or to support other City functions.

(Ord. No. 856, § 3, 3-10-2015; Ord. No. 857, § 3, 4-28-2015)

Queuing Space. A temporary waiting area for motor vehicles or persons obtaining a service or other activity.

Radio/TV Broadcast Studios/Recording Studios, Film TV Studios. Commercial and public communication facilities including radio and television broadcasting and receiving stations and studios, with facilities contained entirely within structures. Does not include transmission and receiving apparatuses including antennas and towers.

Rain Garden. A slightly depressed garden that receives surface runoff. Compost and mulch help hold stormwater, slowing peak flows, while microorganisms and bacteria remove pollutants. Plants hold some rain on their leaves and also bring water up from the soil to evaporate.

Recharging Station. A point that supplies electricity for the recharging of electric vehicles (including plug-in hybrids).

Recreational Vehicles (RV). A motor home, travel trailer, truck camper, camping trailer, pop-up campers, or boat or other water sport vehicle, with or without motive power, designed for recreational purposes. The definition includes any empty trailer on which an RV may be transported or stored. In no cases shall a RV be classified as a mobile home or dwelling unit.

Recycling Facilities. This land use type includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

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Collection facility (small). A facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:

1.

A mobile unit.

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Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time and issues a cash refund or redeemable credit slip based on total weight instead of by a container.

3.

Kiosk-type units that may include permanent structures.

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Collection facility (large). A facility that occupies an area of more than 350 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

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Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet.

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Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities are not allowed in the City of Duarte.

Redevelopment Agreement. An owner participation agreement, disposition and development agreement or other agreement entered into between the redevelopment agency of the city of Duarte and an owner, developer, or similar party.

Religious Assembly, Place(s) of. See "Places of Religious Assembly."

Research and Development. Establishments engaged in industrial or scientific research, including product testing. Includes electronic research firms or pharmaceutical research laboratories. Excludes manufacturing, except of prototypes, or medical testing and analysis.

Residential Care Facility - Small. Any facility, place or building for six or less people which is maintained and operated to provide 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. May include ancillary medical services for facility residents.

Residential Care Facility - Large. Any facility, place or building for seven or more people which is maintained and operated to provide 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. May include ancillary medical services for facility residents.

Residential Development. The new construction of projects for which a discretionary or ministerial development approval is required or substantial rehabilitation of projects, consisting of: (1) four or more single-family ownership units, including condominiums, or (2) multifamily rental projects of 10 or more dwelling units.

Residential Use. The occupation of a structure that provides permanent housing for one or more households.

Restaurants. See "Eating and Drinking Establishments."

Retail Store. An establishment which offer goods (such as books, gifts and clothing) to the general public. Does not include swap meet, pawn shop, or thrift sales.

Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a severe slope.

(Ord. No. 916, § 8, 4-25-2023)

Schools, Public and Private. A public or private academic educational institution, including boarding schools; colleges and universities; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include trade schools or non-tuition part-time instruction at places of religious assembly. See "Education Facility."

Secondary Use. See "Use."

Secondhand Store. A business involved in the retail sale of used goods and merchandise, whereby the sale of such used goods and merchandise comprise 25 percent or more of total monthly sales volume. This definition does not include pawn shops.

Self-service Display. The display or storage of products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

Senior Citizen. Generally, any person 62 years of age or older. However, for purposes of any State or federal housing programs, the age may be 55 years or older.

Sensitive Use. See "Use."

Setback. The distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature (see Figure 9-7).

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Front Setback. The minimum distance required between a structure and the front property line.

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Primary Building Line. That portion of the front yard area defined by the space between the front property line and the entire building frontage of the primary structure, whether or not all facade portions of the primary structure coincide with the front setback line (see Figure 9-7).

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Side Setback. The minimum distance required between a structure and a side property line.

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Rear Setback. The minimum distance required between a structure and the rear property line.

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Figure 9-7. Setbacks

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Shopping Center. Commercial sites that are primarily retail with two or more separate businesses managed as a total entity and sharing common access, circulation, signage and pedestrian and parking areas so that a public right-of-way does not need to be used to get from business to another. General guidelines follow, but the Director may make a determination on a case-by-case basis.

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Neighborhood. A shopping center that provides a limited number of frequent or recurrently needed personal items or services for residents in an immediate neighborhood that generally has up to 100,000 square feet of combined gross leasable area, without a significant anchor store, and draws its clientele from a five-minute driving radius from the center.

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Community. A shopping center that provides a variety of retail or personal services for patrons that contains approximately 100,000 to 250,000 square feet of combined gross leasable area, may have up to two anchor stores, has a site of 5 or more acres, and draws its clientele from about a 10-minute drive from the center.

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Regional. A shopping center that contains a wide range of retail and service establishments, including at least three anchor stores, having at least 250,000 square feet of combined gross leasable space, and draws it clientele from as much as a 45 minute drive from the center.

Sign. See Chapter 19.42 (Signs).

Single-family Dwelling. See "Dwelling, Single-family."

Site. A lot or group of contiguous lots not divided by any alley, street, other right-of-way or city limit that is proposed for development in accord with the provisions of this Development Code, and is in a single ownership or has multiple owners, all of whom join in an application for development.

Special Events and Temporary Uses. Any activity of limited duration that is permitted through the issuance of a Temporary Use Permit, see Chapter 19.124 (Temporary Use Permits). This definition includes carnivals, farmers' markets, seasonal sales, and promotional events.

Specific Plan. Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s).

Static water pressure. The pipeline or municipal water supply pressure when water is not flowing.

Storage:

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Storage—Accessory. The indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use.

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Storage—Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

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Storage—Personal Storage Facility. See "Personal Storage."

Story. The portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. See also "Basement" and "Attic."

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground (see Figure 9-8), except for walls and fences.

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Accessory Structure. See "Accessory Structure."

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Attached Structure. Any structure that has a wall or roof in common with another structure.

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Primary Structure. A structure that is conducted as the primary or predominant use of the lot and/or building site.

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Figure 9-8. Structure Types

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Studio - Art, Dance, Martial Arts, Music. Small-scale instructional facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples include: individual and group instruction and training in the arts, production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction. Also includes production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided.

Substantial Rehabilitation or Substantially Rehabilitated. The substantial rehabilitation of a dwelling unit(s) as defined in Section 33413(b)(2)(iv) of the California Health and Safety Code.

Supermarket. A self-service grocery and associated consumer goods store divided into departments and also offering prepared foods and food service. May include secondary uses within the store for visitor convenience, such as banking services, retail sales of non-food items, and a pharmacy,

Swap Meet. Any event at which two or more persons offer personal property, new and/or used, for sale or exchange and at which a fee is charged for the privilege of offering or displaying personal property for sale or exchange, and/or at which a fee is generally charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange.

(Ord. No. 852, § 5, 8-26-2014; Ord. No. 874, § 2(Exh. A), 4-11-2017; Ord. No. 904, § 2(Exh. B), 7-27-2021)

Temporary Use. See "Use."

Thrift Store. See "Secondhand Store."

Tobacco Paraphernalia. Any instrument or paraphernalia that is designed for the smoking or ingestion of lawful tobacco products including without limitation cigarette papers, cigarette wrappers, cigar wrappers, blunt wraps, pipes, holders, clips, and cigarette rolling machines. "Tobacco paraphernalia" excludes "drug paraphernalia" as that term is defined in Health and Safety Code Section 11364.5(d), as amended from time to time.

Tobacco Product. Any substance containing tobacco or derived from tobacco and any substance used in electronic cigarette and vaping devices including but not limited to cigarettes, cigars, e-juice, e-liquid, e-nicotine, smoke juice, pipe tobacco, rolling tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, nicotine gel, nicotine lollipops, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. "Tobacco products" do not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Tobacco Shop. A retail establishment that primarily sells tobacco products, tobacco paraphernalia, electronic cigarette and vaping devices, and/or electronic cigarette and vaping accessories. A "tobacco shop" does not include any type of "tobacco smoking establishment" or "electronic cigarette and vaping establishment."

Tobacco Smoking Establishments. An establishment where smoking is permitted, such as hookah lounges, cigar clubs, and other private smoking businesses.

Trade School. A vocational school (or career school), providing vocational education, is a school in which students are taught the specific skills needed to perform a particular job.

Tree, Mature. Any self-supporting woody perennial plant which has a diameter six inches or greater measured at breast height (i.e., 4.5 feet form ground or as per current practice).

Turf. Single-bladed grass or sod.

Twenty-four Hour Use. See Section 19.60.110 (Late Night and/or Twenty-Four Hour Uses).

(Ord. No. 852, § 5, 8-26-2014)

Unit. See "Dwelling."

Uninhabitable. A structure or property that is not appropriate for human occupancy, as defined by the Building Code.

Urban Lot Split. A subdivision of an existing legal parcel in a single-family residential zone to create no more than two new parcels of approximately equal lot area, subject to the requirements of this section.

Urgent Care Facility. A public or private hospital-based or free-standing facility, that includes x-ray and laboratory equipment and a life support system, licensed or legally operating as an urgent care facility, primarily providing minor emergency and episodic medical care with one or more physicians, nurses, and x-ray technicians in attendance at all times when the facility is open.

Use. The purpose for which land or a structure is, arranged, designed, intended, maintained, or occupied.

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Accessory Use. A use customarily incidental to, related, and clearly subordinate to a legal primary use established on the same parcel, and which does not alter the primary use or serve property other than the parcel where the primary use is located.

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Allowed Use. A use of land identified by Article 2 (Zones, Allowable Uses, and Development Standards) as allowed or conditionally allowed that may be established with a land use permit, subject to compliance with all applicable provisions of Article 2.

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Compatible Use. A use that by its manner of operation, is suitable in the district in which it may generally be considered as a primary use or is reasonable given its proximity to residential or other known sensitive uses. Said use of land and/or buildings shall be in harmony with the uses on the property as well as abutting properties.

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Conditional Use. A use permitted on a particular lot and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Development Code and authorized by the Planning Commission and the granting of a valid permit.

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Conforming Use. A lawfully established use of property that operates in compliance with all applicable provisions of this Development Code.

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Nonconforming Use. Any use of land or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time such use was initiated but which, due to subsequently enacted ordinances or laws, no longer complies with the applicable regulations and standards for the zone in which the use is located.

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Primary Use. The principal or predominant use of any lot, building, or structure.

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Secondary Use. Any use that is specifically allowed in the zone in which it is located but is subordinate to the primary use in terms of occupied structure area or lot area.

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Sensitive Use. Any kindergarten, elementary school, middle school, high school, public library, public park, religious institution, or youth-oriented establishment characterized by either or both of the following: (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

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Temporary Use. A use of land that is designed, operated, and occupies a site for a limited period of time. See Chapter 19.124 (Temporary Use Permits) for a list of allowed temporary uses.

Utilities. All lines and facilities owned and/or operated by a licensed provider and related to the provision, distribution, collection, transmission, or disposal of water, storm drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and similar services. Includes facilities for the generation of electricity. Does not include "Communications Facilities" or "Wireless Telecommunications Facilities."

(Ord. No. 907, § 4.I., 3-8-2022)

Vaping. Inhaling vapor from an electronic cigarette and vaping device. "Vaping" produces vapor, not smoke.

Variance. A modification of the specific regulations of this Development Code granted by the legislative body in accordance with the terms of this Code for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. A Variance is granted through a quasi-judicial process, and an Administrative Variance is granted via an administrative process. See Article 7.

Vehicle Rentals. Rental of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts.

Vehicle Repair and Service:

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Automobile Washing/Detailing. Establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles.

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Full Service. A car wash establishment where operating functions are performed entirely by an operator owner with the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator owner.

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Self Service or Accessory. An establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant.

Fueling Stations. Establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, that may include accessory "minor" maintenance and repair of automobiles and light trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see "Vehicle Repair").

Vehicle Repair. The repair of motor vehicles in an enclosed building, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products.

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General (Major Repair/Body Work). Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops, tire sales and installation shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.

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Limited (Minor Repair/Maintenance). Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs, oil and air filters, wheel alignment and balancing, tire, shock absorbers, chassis lubrication, smog checks, engine tune-ups, and installation of car alarms, audio equipment, window film, and similar accessory equipment.

Vehicle Sales:

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General, New. Sale of new automobiles, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including display, storage, maintenance, repair, and incidental rental of the vehicles and equipment. May include the sale, installation, and servicing of related equipment and parts.

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General, Used. Sale of used or reconditioned automobiles, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including display, storage, maintenance, repair, refurbishing, and incidental rental of the vehicles and equipment. May include the sale, installation, and servicing of related equipment and parts.

Vehicle Storage. The storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

Vending Machine. An automated mechanical device which ejects products such as snack food items or non-alcoholic beverages and that accepts cash, debit, and/or credit.

Very low-income Households. Households whose gross income does not exceed the income level for "very low-income households" in Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development and as set forth in Section 50105 of the California Health and Safety Code.

Veterinary Services (Animal Hospital/Clinic). Establishments where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay) in association with such medical or surgical treatment. Short-term animal boarding may be provided as an accessory use.

Visitor Accommodations. See "Hotel or Motel."

Visitor-Serving Retail. Retail establishments engaged in selling goods or merchandise to visitors that live outside of Duarte.

Visual Obstruction. Any structure, fence, wall, landscaping, or similar feature or portion thereof that is solid or opaque and situated in such a manner that it obscures the vision of motorists and/or pedestrians and creates a safety hazard.

(Ord. No. 852, § 5, 8-26-2014)

Wall. A physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary. See also "Fence."

Warehouse or Warehousing. An establishment engaged in providing facilities for the storage of furniture, household goods, products, or other commercial goods of any nature. Includes cold storage. Does not include personal storage (mini storage) facilities offered for rent or lease to the general public ("Personal Storage-Mini-Storage"); or warehouse facilities in which the primary purpose of storage is for wholesaling ("Wholesaling").

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Small — Establishments located in facilities that are 50,000 square feet or smaller in size.

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Large — Establishments located in facilities that are over 50,000 square feet in size.

Water-efficient Landscape. Landscaping materials that are designed and maintained to function in a healthful and visually pleasing manner with limited water use, including plants which have minimal water requirements for subsistence, plants native to hot/dry environments, and xeriscape plants.

Water-efficient Irrigation System. A system which is scheduled and managed to supply moisture to a landscape without excess or waste.

Wholesaling. The sale of commercial goods at or near production cost.

Wireless Communications Facilities (WCF):

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Antenna. An antenna is any system of dishes, panels, poles, reflecting disks, rods, and wire or similar devices used for the transmission or reception of electromagnetic signals.

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Antenna Structure. An antenna structure is any structure, including mast, pole, or tower, whether ground mounted or mounted on another structure that supports an antenna or an array of antennas. The height of an antenna structure is measured to the highest point of any antenna mounted upon it or to any higher point of the antenna structure.

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Cell Site. A cell site is a parcel of land that contains a Wireless Communication Facility/ies (WCFs).

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Co-Location. Co-location is the placement of two or more WCF on the same site, building, or structure where each facility is operated by a different carrier, operator, or owner.

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Monopole. A monopole is a freestanding antenna structure with antennas attached to it that consists of a single shaft, including stealth designs (e.g., flag poles, monopalms, monopines) and has a single continuous footing designed to be self-supporting without the use of any guy wires.

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Mount. A mount is the structure or surface upon which antennas are mounted. There are two types of mounts: (1) Ground mounted — mounted on the ground, including but not limited to, monopoles, and (2) structure mounted — mounted to the facade or roof of an existing structure.

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Stealth and Stealthing. Stealth and stealthing is a WCF that is: (1) not easily identifiable as a WCF by a casual observer, and (2) aesthetically compatible and blends with the cell site and immediate surroundings. Stealthing may be achieved by any means or combination of means including, but not limited to, the use of camouflage, painting, screening, textures, or architectural integration with the surroundings (e.g., a bell tower within a church or a church steeple, an unobtrusive penthouse on a roof, false structure integrated into the design of existing site or structure, false rock, or false tree amongst existing or new vegetation).

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WCF Support Facilities. WCF support facilities are any enclosed box, cabinet, shed, or structure located on the cell site which houses, among other things, batteries, electrical, or other equipment necessary for the operation of the WCF. This shall apply to any associated structures deemed necessary for the operation of the WCF.

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Wireless Communication Facility/ies (WCFs). Wireless Communication Facility/ties (WCF/s) are any co-located, ground-mounted, roof-mounted, or stealth device or system used for transmitting and/or receiving electromagnetic signals, including, but not limited to, microwaves and radio waves for cellular technology, data transmission, e-mail, mobile services, paging systems, personal communications services, and related technologies. A WCF includes antennas, antenna structures, microwave dishes, parabolic structures; WCF support facilities that house support equipment; and other accessory development, equipment, improvements, and structures used to support the operation of the WCF.

Reserved.

Yard. The required open area along the lot lines of a parcel or lot which must be unobstructed from the lowest level to the sky, except for certain permitted obstructions.

Yard Area. The horizontal area between a property line and a parallel line along the nearest structure located outside of the required setback area.

Yard Area, Required. The open space between a lot line and the building area within which no structure is permitted to be located.

Zone. Any of the residential, commercial, industrial, special-purpose, or overlay districts established by Article 2 of this Development Code, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).