This Chapter provides definitions of terms and phrases used in this Development Code, many of which are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the County Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Chapter, within the text of this Development Code or in other provisions of the San Bernardino County Code, the Director shall determine the correct definition.

(Ord. 4011, passed - -2007)

   As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. Whenever the word or phrase being defined is followed by “(See Land Use Tables.),” the word or phrase is used in the land use tables in Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

         (A)   A dedicated right-of-way;

         (B)   A dedication to the County of San Bernardino and to the public in general, an easement for public road, County highway and public utility purposes of a width as established by the Circulation Element of the General Plan. The easement or road constructed on the dedicated land shall not become a County highway until and unless the Board of Supervisors by appropriate resolution, has caused the road to be accepted into the County Maintained Road System;

         (C)   An existing traveled way that is substantially in compliance with County road standards, where a prescriptive right by the user has been established for public use by court decree.

         (D)   Private road easement.

 

 

      Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use.

      (1)   ADULT ARCADE shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices.”

      (2)   ADULT RETAIL STORE shall mean a business establishment having as a regular and substantial portion of its stock in trade, “adult oriented material.”

      (3)   ADULT BOOTH/INDIVIDUAL VIEWING AREA shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

         (A)   Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas;” or

         (B)   Where “adult arcade devices” are located.

      (4)   ADULT BUSINESS shall mean:

         (A)   A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or

         (B)   A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “adult oriented material” or “sexually oriented merchandise,” or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by state law.

      (5)   ADULT CABARET shall mean a business establishment (whether or not serving alcoholic beverages) that features “adult live entertainment.”

      (6)   “ ADULT CABARET DANCER shall mean any person who is an employee or independent contractor of an “adult cabaret” or “adult business” and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer’s breasts, genitals, and/or buttocks, but does not involve exposure of “specified anatomical areas” or depicting or engaging in “specified sexual activities.” ADULT CABARET DANCER does not include a patron.

      (7)   ADULT HOTEL/MOTEL shall mean a “hotel” or “motel” (as defined in the County Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas.”

      (8)   ADULT LIVE ENTERTAINMENT shall mean any physical human body activity, whether performed or engaged in, alone or with other persons including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

         (A)   The performer (including, but not limited to, topless and/or bottomless dancers, go go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, “specified anatomical areas;” and/or

         (B)   The performance or physical human body activity depicts, describes, or relates to “specified sexual activities” whether or not the specified anatomical areas are covered.

      (9)   ADULT MODELING STUDIO shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. ADULT MODELING STUDIO does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

      (10)   ADULT MOTION PICTURE THEATER shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically generated reproductions that is characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

      (11)   ADULT ORIENTED MATERIAL shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” ADULT ORIENTED MATERIAL shall include “sexually oriented merchandise.”

      (12)   ESTABLISHMENT OF AN ADULT BUSINESS shall mean any of the following:

         (A)   The opening or commencement of any “adult business” (as defined above) as a new business;

         (B)   The conversion of an existing business, whether or not an “adult business,” to any “adult business;”

         (C)   The addition of any “adult business” to any other existing “adult business;”

         (D)   The relocation of any “adult business;” or

         (E)   Physical changes that expand the square footage of an existing “adult business” by more than ten percent.

      (13)   OWNER/LICENSE HOLDER shall mean any of the following:

         (A)   The sole proprietor of an adult business;

         (B)   Any general partner of a partnership that owns and operates an adult business;

         (C)   The owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult business; or

         (D)   The person designated by the officers of a corporation or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation.

      (14)   NON-PERFORMER shall mean a person who is an employee or independent contractor of an adult business who works in that adult business during regular business hours. This shall not include after hours workers providing janitorial, trash or similar after hours services.

      (15)   PERFORMER shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides “adult live entertainment” for patrons of an “adult business.”

      (16)   SEXUALLY ORIENTED MERCHANDISE shall mean sexually oriented implements, paraphernalia, or novelty items such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

      (17)   SPECIFIED ANATOMICAL AREAS shall mean and include any of the following:

         (A)   Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

            (I)   Genitals, pubic region;

            (II)   Buttocks, anus; or

            (III)   Female breasts below a point immediately above the top of the areola; or

         (B)   Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

      (18)   SPECIFIED SEXUAL ACTIVITIES shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

         (A)   Human genitals in a state of sexual stimulation or arousal; and/or

         (B)   Acts of human masturbation, sexual stimulation or arousal; and/or

         (C)   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

         (D)   Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

         (E)   Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

         (F)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

   (q)   AFFORDABLE HOUSING COST. The cost defined in the Health and Safety Code § 50052.5 for owner-occupied and tenant-occupied units. The housing manager, on or about July 1 of each calendar year shall publish the maximum affordable housing costs for sales prices and rents as calculated in compliance with the applicable provisions of the Health and Safety Code.

      (1)   Agricultural chemicals, fuel and fuel oil, nonflammable bottled gas.

      (2)   Animal husbandry services, veterinary services for large and small animals, horseshoeing, agricultural processing.

      (3)   Animal waste processing, stockyards, organic fertilizer, feed lots.

      (4)   Farm machinery equipment and supplies, display, sale and repair.

      (5)   Farm produce sales and supply (feed, hay, grain and grain products, fertilizer).

      (6)   Farm products packaging and processing.

      (7)   Feed storage, farm products warehousing and storage (except stockyards).

      (1)   All land that qualifies for a rating as Class I or Class II in the Resource Conservation District land use capability classifications.

      (2)   Land that qualifies for a rating 80 through 100 in the State Storie Index Rating.

      (3)   Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.

      (4)   Land planted with fruit or nut bearing trees, vines, bushes or crops that have a nonbearing period of less than five years and that will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre.

      (5)   Land from which the production of unprocessed agricultural plant products has returned an annual gross value of not less than $200.00 per acre for three of the previous five years.

   (ee)   AGRITOURISM ENTERPRISE. (See Land Use Tables.) An enterprise conducted by an owner of a working farm, ranch, agricultural, or horticultural operation in order to generate income for the farm or operation that is in addition to income derived from the primary farming, ranching, or agricultural activities. Activities and events are designed to educate the public about farming and ranching activities; promote the heritage and culture of farming, ranching, and a rural lifestyle, and promote the products of a farm or ranch. Activities and events may take place indoors or outdoors. Indoor facilities may include classrooms, meeting rooms, overnight accommodations, party facilities, renovated barns, etc. Outdoor facilities may include picnicking areas, trails, riding rings, paddocks, and similar areas for education, entertainment, and recreation. Examples of activities and events include:

 

      (1)   A dedicated right-of-way to the County of San Bernardino, an easement for public road, County Highway and public utility purposes, of a width as established by the Circulation Element of the County General Plan. The road constructed thereon shall not be brought into the County maintained road system until an unless the Board of Supervisors of the County of San Bernardino, by appropriate resolution, has caused the road to be accepted into the County Road System.

      (2)   An existing traveled way where a prescriptive right by user has been established for public use by a Court decree.

      (3)   A traveled way that was in existence before 1967, as determined by the County Surveyor. The traveled way must connect to a publicly maintained roadway and must meet each of the following criteria:

         (A)   Have all-weather capability for normal passenger car use.

         (B)   Be of adequate width to provide two-way vehicular access.

         (A)   Substantially conforms to the alignment shown in the Circulation Element of the County General Plan or Community Plan where applicable; and

         (B)   May practically and feasibly be applied to road use. The approved access provisions apply to divisions of land resulting in lots of 20 acres or more.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4098, passed - -2010; Am. Ord. 4136, passed --2011; Am. Ord. 4239, passed - -2014; Am. Ord. 4341, passed - -2018; Am. Ord. 4383, passed - -2020)

   (p)   BUFFER. A strip of land established to separate incompatible or different land uses. Normally a buffer area is landscaped and retained as open space. The term may be used more broadly to describe any area or use that separates two unlike land uses, such as the use of multi-family housing between single-family housing and commercial uses.

(Ord. 4011, passed - -2007; Ord. 4136, passed--2011)

         (A)   These camps are located on a permanent site and have a well-defined program of organized supervised activities in which campers are required to participate. There is present at the camp a qualified program director and a staff adequate to carry out the daily program activities, which are mainly out of doors.

         (B)   An establishment that rents or leases facilities on an individual family or group basis for the principal purpose of sporting or other unorganized recreational activities are not considered an organized camp.

 

 

      This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.

 

 

      May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.

      (1)   One or more additional contiguous or noncontiguous lots, parcels, areas, or spaces owned in common by the owners of the separately owned lots, parcels, areas, or spaces.

      (2)   Mutual, common, or reciprocal interests in, or restrictions upon, all or a portion of these separately owned lots, parcels, areas, or spaces, or both and, in which the owners of the separately owned lots, parcels, areas, or spaces have rights, directly or indirectly, to the beneficial use and enjoyment of all or a portion of the lots, parcels, areas, or spaces.

      The estate in a separately or commonly owned lot, parcel, area, or space may be an estate of inheritance or perpetual estate, an estate for life, an estate for years, or any combination of the foregoing.

      Either common ownership of the additional contiguous or noncontiguous lots, parcels, or areas or the enjoyment of the mutual, common, or reciprocal interests in, or restrictions upon, the separately owned lots, parcels, areas or spaces or both, may be through ownership of shares of stock or membership in an association or otherwise. Shares of stock, if any exist, shall be deemed to be interests in a common interest development and real estate development for purposes of Corporations Code § 25100(f).

      (1)   The description of the unit may refer to:

         (A)   Boundaries described in the recorded condominium plan;

         (B)   Physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof;

         (C)   An entire structure containing one or more units; or

         (D)   Any combination thereof.

      (2)   An individual condominium within a condominium project may also include a separate interest in other portions of the real property. A condominium is an estate in real property. The estate may, with respect to the duration of its enjoyment, be either:

         (A)   An estate of inheritance or perpetual estate;

         (B)   An estate for life;

         (C)   An estate for years (i.e., leasehold or subleasehold); or

         (D)   Any combination of the foregoing.

      (1)   A description or survey map of a condominium project, which shall refer to or show monumentation on the ground;

      (2)   A three dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest; and

      (3)   A certificate consenting to the recordation of the condominium plan in compliance with this Development Code and signed and acknowledged by the following:

         (A)   Record owner of fee title to the property included in the condominium project;

         (B)   All lessors and lessees of the estate for years in the case of a condominium project that will terminate upon the termination of an estate for years;

         (C)   All life tenants and remainder interests in the case of a condominium project subject to a life estate;

         (D)   Either the trustee or the beneficiary of each recorded deed of trust;

         (E)   Mortgagee of each recorded mortgage encumbering the property.

      Owners of mineral rights, easements, rights of way, and other nonpossessory interests do not need to sign the condominium plan. A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required to record a condominium plan in compliance with Subdivision (3), above.

 

      Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including sales sheds.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4136, passed - -2011; Am. Ord. 4162, passed - -2012; Am. Ord. 4189, passed - -2012; Am. Ord. 4213, passed - -2013; Am. Ord. 4230, passed - -2014)

      (1)   Street alignments, grades and widths;

      (2)   Drainage and sanitary facilities and utilities, including alignment and grades thereof;

      (3)   Location and size of all required easements and rights of way;

      (4)   Fire roads and firebreaks;

      (5)   Lot size and configuration;

      (6)   Traffic access;

      (7)   Grading;

      (8)   Land to be dedicated for park or recreational purposes;

      (9)   Location of proposed and existing structures and improvements; and

      (10)   Other specific physical requirements in the plan and/or configuration of a subdivision as may be necessary to ensure consistency with, and implementation of this Development Code, the General Plan, and any applicable specific plan.

      (1)   A line formed by interlinking the exterior walls or exterior building envelope boundaries of a series of proposed or existing structures that form the perimeter of a development project;

      (1)   Open space easements.

      (2)   Transfer of development rights.

      (3)   Conveyance of development rights to the County.

      (4)   Land Use Zoning District restrictions on development.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4065, passed - -2008; Am. Ord. 4163, passed - -2012; Am. Ord. 4169, passed - -2012; Am. Ord. 4189, passed - -2012; Am. Ord. 4341, passed - -2018; Am. Ord. 4400, passed - -2021)

      (1)    ABATEMENT COSTS. Any and all costs or expenses reasonably related to the abatement or removal of conditions which violate any provision of this Code or any permit or any condition of land use approval granted pursuant thereto or the correction of such violation, and shall include, but not be limited to, enforcement, investigation, collection, and administrative costs; and attorney’s fees.

      (2)   ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the County from the first discovery of the violation of the this Development Code or any permit or condition of land use approval granted pursuant thereto through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence.

      (3)   CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO and SAN BERNARDINO COUNTY CODE and THIS CODE. The San Bernardino County Development Code (Title 8 of the San Bernardino County Code), including all pertinent provisions of State codes as adopted therein, enacted by the Board of Supervisors of the County of San Bernardino acting pursuant to authority granted under the County Charter, Government Code §§ 25126, 25127, and 25128; or other applicable law.

      (4)   ENFORCEMENT OFFICER. Any County employee or agent of the County with the authority to enforce any provision of the Development Code, specifically:

         (A)   The Deputy Director, each Code Enforcement Supervisor, and each Code Enforcement Officer or other designated employee of the Code Enforcement Division of the Land Use Services Department;

         (B)   The Fire Chief/Fire Warden, each Deputy Chief, each Assistant Chief, each Division Chief, the Fire Marshal, Assistant Fire Marshal, each Fire Prevention Supervisor, and each Fire Prevention Officer or other designated employees of the County Fire Department;

         (C)   The Director and each Inspector or other designated employees of the Environmental Health Services Division of the Department of Public Health;

         (D)   The Program Manager and each Animal Control Officer or other designated employees of the Animal Care and Control Program of the Environmental Health Division of the Department of Public Health;

         (E)   The Sheriff-Coroner and each Deputy Sheriff (all ranks) or other designated employee of the Department of the Sheriff-Coroner;

         (F)   Any other Director and other designated employee of a County department as designated by the County Administrative Officer.

      (5)   PERSON. Any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity, which is recognized by law as the subject of rights or duties.

      (6)   RESPONSIBLE PARTY. For the purpose of this Chapter shall mean each person committing or allowing the violation or causing a condition on a parcel of real property located within the unincorporated area of the County of San Bernardino to violate any provision of this Development Code or any permit or any condition of land use approval granted pursuant thereto; each person who has an ownership interest in that property; and each person who, although not an owner, nevertheless has a legal right or legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor’s parents or legal guardian shall be deemed the responsible party for that violation. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall be deemed responsible parties.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4136, passed - -2011; Am. Ord. 4230, passed - -2014; Am. Ord. 4400, passed - -2021)

      (1)   Shall include those having flash points below 73°F and having a boiling point below 100°F.

      (2)   Shall include those having flash points below 73°F and having a boiling point at or above 100°F.

      (3)   Shall include those having flashpoints at or above 73°F and below 100°F.

   (ff)   (Repealed).

         (A)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

         (B)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

         (C)   Individually listed on a State inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

         (D)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

            (I)   By an approved State program as determined by the Secretary of the Interior; or

            (II)   Directly by the Secretary of the Interior in states without approved programs.

      (51)   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

         (A)   Any project for improvement of a structure to correct existing violation of State or local health, sanitary, or safety code specification that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

         (B)   Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation a historic structure.

   (nn)   FOOD AND RELATED PRODUCTS MANUFACTURING. See MANUFACTURING OPERATIONS I AND II.

(Ord. 4011, passed - -2007; Am. Ord. 4136, passed - -2011; Am. Ord. 4163, passed - -2012; Am. Ord. 4169, passed - -2012; Am. Ord. 4258, passed - -2014; Am. Ord. 4280, - -2015; Am. Ord. 4304, passed - -2016; Am. Ord. 4469, passed - -2024)

 

      Does not include adult-oriented businesses or second hand stores, which are separately defined.

   (p)   GROUP RESIDENTIAL. (See Land Use Tables.) Shared living quarters, occupied by two or more persons not living together as a single housekeeping unit (see SINGLE HOUSEKEEPING UNIT ). Includes, without limitation, boarding or rooming houses (see BOARDING HOUSE ), dormitories, fraternities, sororities and private residential clubs. Excludes residential care facilities (see RESIDENTIAL CARE FACILITY ).

   (q)   GROWTH MONITORING. A process that follows the amount and rate of population growth within a city or other specified area. It normally involves some estimation of population growth for small areas through the analysis of development applications (zone changes, subdivisions, etc.) from submittal, through review, to final approval and issuance of building permits.

   (r)   GUEST HOUSE. (See Land Use Tables.) Residential occupancy of a living unit, with bathroom plumbing only, separated from the primary dwelling by at least ten feet, and located on the same parcel as the primary dwelling on a contiguous parcel in the same ownership. This unit is for use by the occupants or temporary guests of the occupants of the premises and is not rented or otherwise used as a separate dwelling, except when approved as a Dependent Unit.

   (s)   GUEST ROOM. A room that is designed for or used by one or more guests for sleeping purposes, but in which no provision is made for cooking.

(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4230, passed - -2014)

      (1)   Cause, or significantly contribute to, an increase in mortality, serious irreversible illness or incapacitating reversible illness; or

      (2)   Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

      (1)   A waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

         (A)   Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness.

         (B)   Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

      (2)   A waste that meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services in compliance with Health and Safety Code § 25141.

      (3)   Includes, but is not limited to, RCRA (Resource Conservation and Recovery Act) hazardous waste.

         (A)   Destruction or detoxification to transform a hazardous waste into a material safe for disposal;

         (B)   Concentration or volume reduction to facilitate the safe handling and disposal of hazardous components; and

         (C)   Immobilization to isolate the hazardous components from the environment.

         (A)   Disposal of hazardous wastes on or into the land, including, but not limited to, landfill, surface impoundment, waste piles, deep-well injection, land spreading, and co-burial with municipal garbage.

         (B)   Treatment of hazardous wastes on or in the land, such as neutralization and evaporation ponds and land farming, where the treatment residues are hazardous wastes and are not removed for subsequent processing or disposal within one year.

         (C)   Storage of hazardous wastes on or in the land, such as waste piles and surface impoundments, other than neutralization and evaporation ponds, for longer than one year.

   (v)   Reserved.

   (w)   HOST HOME. See BED AND BREAKFAST INN.

   (x)   HOSPITAL. See MEDICAL SERVICES, HOSPITAL.

   (y)   HOTEL. (See Land Use Tables.) An establishment that provides guest rooms or suites for a fee. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Revenue and Taxation Code § 7280. Note: A residential care facility is not a HOTEL , or vice versa.

   (z)   Reserved.

   (aa)   HOUSING, CARETAKER. See CARETAKER HOUSING.

(Ord. 4011, passed - -2007; Am. Ord. 4136, passed - -2011; Am. Ord. 4189, passed - -2012; Am. Ord. 4230, passed - -2014; Am. Ord. 4341, passed - -2018)

(Ord. 4011, passed - -2007; Am. Ord. 4136, passed --2011)

      (1)   Copper, aluminum, brass, ferrous or nonferrous metals, whether fabricated or not.

      (2)   Rope, rags, paper, glass, rubber, plastic or other polymer material.

      (3)   Scrap lumber or other construction material.

      (4)   Appliances, batteries or junk, dismantled or wrecked motor vehicles or parts thereof.

      (5)   Trash, debris (organic and inorganic) or other waste material.

(Ord. 4011, passed - -2007; Am. Ord. 4383, passed - -2020)

(Ord. 4011, passed - -2007)

      (1)   Complete kitchen space and sanitary facilities in compliance with the Building Code; and

      (2)   Working space reserved for and regularly used by one or more occupants of the unit.

      (1)   The distance measured at the building setback line (BSL) along a line or arc that is parallel or concentric to the right-of-way; or

      (2)   The average horizontal distance between the side lot lines measured at right angles to the lot depth.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4136, passed --2011)

(Ord. 4011, passed - -2007; Am. Ord. 4189, passed - -2012)