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Yucaipa City Zoning Code

Division DC12

General Definitions

§ 812.01005 Access Envelope.

“Access Envelope.”
An area delineated on the site plan to which all clearing and land disturbance for construction of access must be defined

§ 812.01010 Access Rights.

“Access Rights.”
The right, claim, title, or privilege of access, by pedestrians or vehicles, or a public road or way

§ 812.01015 Accessibility for the Disabled.

“Accessibility for the Disabled.”
Accessible services, structures, or facilities are those which may be entered and used by individuals despite handicapping conditions. Accessibility also includes responding to the needs of people with sight or hearing disabilities, in addition to those with developmental, activity, manual, or mobility impairments, so that they may enjoy the full and free use of those services, structures, or facilities.

§ 812.01020 Accessory Building.

“Accessory Building.”
An accessory building is a subordinate building, the use of which is incidental to that of the main building or main use of the land. The use of an accessory building may be for either a primary or an accessory use allowed by the appropriate Land Use District. An accessory building shall be located on either the same parcel as the main building or main use or shall be located on a contiguous abutting parcel that is owned by the same owner who owns the parcel which has the main building or use. An accessory building shall always exist in conjunction with and never without a legally established main building or main use that has the same common owner.

§ 812.01025 Accessory Use.

“Accessory Use.”
An accessory use is a subordinate use which may be permanent or temporary. The use is incidental and supported by the primary use. An example of an accessory use is a carport or garage for a single family dwelling.

§ 812.01035 Action.

“Action.”
The decision made by the Responsible Agency on Land Use Applications, coupled together with the appropriate findings, environmental determination, and Conditions of Approval

§ 812.01040 Adult-Oriented Business.

“Adult-Oriented Business.”
Any Business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, either by law or by the operators of such businesses, provided that any business licensed by the State Department of Alcoholic Beverage Control shall not be an Adult-Oriented Business unless it complies with another definition within this section; and/or any businesses where employees or patrons expose “specified anatomical areas” or engage in “specified sexual activities”; and/or any businesses or establishments which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas.” “Adult-Oriented Business” shall have the same meaning in all respects as “Sexually-Oriented Business” and shall be subject to all conditions and requirements of a “Sexually-Oriented Business.” These types of businesses shall not include the following: any bona fide medical establishment operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients; any massage establishment, the clientele of which consists substantially of persons referred to the establishment in writing for massage therapy by physicians, surgeons, chiropractors, or osteopaths duly licensed to practice their respective professions in the State of California, provided that the massage establishment retains such written referrals in its records for a period of not less than three years and makes such written references available for inspection by the County Health Officer or his designated representative at all times during the normal business hours of operation of the massage establishment; and an athletic club, health club, school, gymnasium, State-licensed cosmetology or barber establishment, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Adult-Oriented Businesses shall include, but shall not be limited to, the following:
(a) 
"Adult Bookstore/Adult Video Store/Adult Novelty Store."
Any establishment which on a regular and substantial basis sells or rents, or offers for sale or rental, for any form of consideration, any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities,” including goods which are replicas of, or which simulate “specified anatomical areas” or “specified sexual activities,” and goods which are designed to be placed on or in “specified anatomical areas.”
(b) 
"Adult Cabaret."
A nightclub, bar, restaurant, bottle shop, or similar commercial establishment whether or not alcoholic beverages are served, which, on a regular and substantial basis, features (1) persons or entertainers who appear on state, (2) live performances which are characterized by the exposure of specified sexual activities” or “specified anatomical areas,” or (3) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified anatomical activities” or “specified anatomical areas.”
(c) 
"Adult Dance Studio."
Any business or commercial establishment which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
(d) 
"Adult Motel or Hotel."
A motel, hotel or similar commercial establishment offering public accommodations for any form of consideration which, on a regular and substantial basis, (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas;” and/or (2) offers, rents, leases, or lets any room for less than a ten hour period, or (3) offers or allows a tenant or occupant to rent or sub-rent a sleeping room for a period of less than ten hours.
(e) 
"Adult Motion Picture Theater."
Any establishment, where, for any form of consideration, one or more motion picture projectors, video cassette players, slide projectors or similar machines, for viewing by five or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
(f) 
"Adult-Oriented Business" or "Adult Business."
Shall have the same meaning in all respects as sexually-oriented business and shall be subject to all conditions and requirements of a sexually-oriented business as defined herein.
(g) 
"Adult Tanning Salon."
A business establishment where patrons receive tanning services for groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. “Adult tanning salon” or “tanning parlor” shall also include a business establishment where a patron and an employee of the establishment are nude or expose “specified anatomical areas.” An “adult tanning salon” or “tanning parlor” shall also include a business establishment where the employees thereof are nude or expose “specified anatomical areas” for any form of consideration.
(h) 
"Adult Theater."
A theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances which are characterized by an emphasis on “specified anatomical areas” and/or “specified sexual activities.”
(i) 
"Advertise."
Public notice or announcement of items or services through the use of newspaper, handbills, radio, television or other means of public communication.
(j) 
"Day(s)."
Business day(s), which shall not include weekends or legal holidays observed by the city and which shall further include regular business hours maintained by city offices.
(k) 
"Employee of a Sexually-Oriented Business."
A person who works or performs, as an employee or as an independent contractor, in and/or for a sexually-oriented business, regardless or whether said person is paid a salary, wage, or other compensation by the business.
(l) 
"Entertainer" or "Live Entertainer."
Any person who is an employee or independent contractor of a sexually-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually-oriented business.
(m) 
"Escort."
Any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a “striptease” for another person. Escort shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such person acts in that capacity or any federal, state, and/or city of Yucaipa licensed limousine or taxi service.
(n) 
"Escort agency."
A person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.
(o) 
"Establishment of a Sexually-Oriented Business."
Includes any of the following:
(1) 
The opening or commencement of any sexually-oriented business as a new business; or
(2) 
The conversion of an existing business, whether or not it is a sexually-oriented business, to any sexually-oriented business; or
(3) 
The addition of any sexually-oriented business to any other existing sexually-oriented business; or to another existing non-sexually-oriented business, with or without expansion of floor area; or
(4) 
The relocation of any sexually-oriented business; or
(5) 
The substantial enlargement of the premises of a sexually-oriented business.
(p) 
"Figure Model."
Any person who, for pecuniary compensation, consideration, hire or reward, poses in a nude modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
(q) 
"Notice."
Written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.
(r) 
"Nude Modeling Studio."
A business which provides, for compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified “anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Nude modeling studio” does not include schools maintained pursuant to standards set by the state board of education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. “Nude modeling studio” further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available “specified sexual activities.”
(s) 
"Nudity" or "State of Nudity."
The showing or display of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernable turgid state.
(t) 
"Off Premises."
Any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.
(u) 
"Operate a Sexually-Oriented Business."
The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually-oriented business or activities within a sexually-oriented business.
(v) 
"Operator of a Sexually-Oriented Business."
Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.
(w) 
"Private Viewing Area."
An area or areas in a sexually-oriented business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.
(x) 
"Public Nudity."
"Nudity" or a "state of nudity" that occurs in a business open to the public, whether or not a fee is charged for admission to such business.
(y) 
"Public Park."
A park, playground, swimming pool, athletic field, or similar recreational facility within the city which is under the control, operation or management of the city or any other public agency.
(z) 
"Regular and Substantial Basis."
An activity or performance shall be deemed to be on a regular or substantial basis when it constitutes more than twenty-five percent (25%) of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including, but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.
(aa) 
"Religious Institution."
A structure which is used primarily for religious worship and related religious activities, including, but not limited to a church, chapel or similar place of worship.
(bb) 
"Residential Use" or "Residential Zone."
Property which is zoned for a residential use and/or a single family dwelling, duplex, townhouse, multiple family dwelling or mobile home park subdivision or recreational vehicle park, but not including a caretaker’s/security house or trailer, or a legal nonconforming residential use as permitted by the Yucaipa Municipal Code.
(cc) 
"School."
Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school or middle school, senior high school or any special institution of education within the city.
(dd) 
"Semi-Nude."
A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast. Semi-nude shall also include a person with partial clothing to include lingerie or similar clothing where “specified anatomical areas” are exposed.
(ee) 
"Sex Supermarket/Sex Mini-Mall."
The establishment or operation of more than one type of sexually-oriented business or use as defined in this title within the same building.
(ff) 
"Sexual Encounter Establishment."
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with “specified sexually activities” and/or the exposure of “specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.
(gg) 
"Sexually-Oriented Business."
A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on “specified sexual activities” and/or “specified anatomical areas.” Sexually-oriented also means and includes any adult motion picture theater, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult theater, sexual encounter establishment, nude modeling studio, adult tanning salon, sex supermarket/sex mini-mall, and any other business or establishment that, on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to “specified sexual activities” and/or “specified anatomical areas.”
(hh) 
"Specified Anatomical Areas."
Includes any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered; or
(3) 
Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.
(ii) 
"Specified Sexual Activities."
Includes any of the following:
(1) 
The fondling or other intentional touching of human genitals for the purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; or
(2) 
Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral/anal copulation, bestiality, and flagellation or torture in the context of a sexual relationship; or
(3) 
Masturbation, sodomy, oral copulation, coitus or ejaculation of human or animal, actual or simulated; or
(4) 
Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) 
Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the activities described in subdivisions 1 through 4 of this subsection.
(jj) 
"Substantial Enlargement of a Sexually-Oriented Business."
An increase or expansion, over the lifetime of a sexually-oriented business, of more than ten percent or one hundred (100) square feet, whichever is less in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to “specified anatomical areas” and/or “specified sexually activities.”
(kk) 
"Transfer of Ownership or Control of Sexually-Oriented Business."
Includes any of the following:
(1) 
The sale, lease, or sublease of the business; or
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
(Ord. 196 § 3, 2000)

§ 812.01045 Advertising Structure.

“Advertising Structure.”
Any structure of any kind or character erected or maintained for advertising purposes upon which any advertising sign may be placed, including advertising statuary.

§ 812.01050 Advisory Agency.

See Planning Agency.

§ 812.01055 Agriculture.

“Agriculture.”
The tilling of soil, the raising of crops, horticulture, small livestock farming, dairying, or animal husbandry, including all uses customarily incidental thereto except the following: slaughterhouses, feed yards, hog farms, fertilizer works, bone yards, plants for the reduction of animal matter, or any other industrial or agricultural use which is determined by the Planning Commission to be similarly objectionable because of noise, odor, smoke, dust, or fumes.

§ 812.01060 Agricultural Grading.

“Agricultural Grading.”
Grading on land designated for exclusive agricultural use.

§ 812.01065 Agricultural Preserve.

“Agricultural Preserve.”
An agricultural preserve is designated areas of existing, viable, and productive agricultural land within which land conservation contracts can be enforced under the provisions of the California Land Conservation Act of 1965 (Williamson Act) to stay in agricultural use for a designated period of time. Under such contracts, the property owner is granted certain tax advantages for the continuation of agricultural use of the land.

§ 812.01070 Agriculture Land, Prime.

“Prime agricultural land”
shall be any of the following:
(a) 
All land which qualifies for a rating as Class I or Class II in the Soil Conservation Service land use capability classifications.
(b) 
Land which qualifies for a rating 80 through 100 in the Storie Index Rating.
(c) 
Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.
(d) 
Land planted with fruit or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre.
(e) 
Land which from the production of unprocessed agricultural plant products has returned an annual gross value of not less than $200 per acre for three of the previous five years.

§ 812.01075 Agricultural Use.

“Agricultural Use.”
The use of land for the cultivation of food or fiber or the grazing or pasturing of livestock, usually for commercial purposes.

§ 812.01080 Airport or Heliport.

“Airport or Heliport.”
An airport or heliport is any area of land or water designed and set aside for the landing and taking off of any aircraft. An airport or heliport must be utilized in the interest of the public for such purposes, have a valid airport permit from the State of California Aeronautics Division, have airspace clearance as required by the Federal Aviation Agency, and have approval under the County Adopted General Plan of Airports. Military airports are not required to obtain the listed Federal, State, or County approvals.

§ 812.01085 Airport Hazard.

“Airport Hazard.”
Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft

§ 812.01100 Aliquot Part.

“Aliquot Part.”
An Aliquot part is the division of sectionalized land by a series of divisions by one quarter. Such divisions shall not be less than 2.5 acres or equivalent as allowed by Section 87.0325.

§ 812.01105 Alley.

“Alley.”
A public thoroughfare not exceeding 30 feet in width for the use of pedestrians or vehicles which affords only a secondary means of access to the abutting property

§ 812.01110 Aliquist-Priolo Geologic Hazard Zones Act.

“Alquist-Priolo Geologic Hazard Zones Act.”
The Alquist-Priolo Geologic Hazard Zones Act is also known as the Alquist-Priolo Special Studies Zones Act of 1972. The purpose of this act is to provide for public safety in hazardous fault zones. The Act requires the delineation of potential damage areas called “Special Studies Zones” along known active faults throughout California. It requires local governments to withhold approval of construction permits in those zones until geologic investigation has determined that the site is not threatened by surface displacement from future faulting.

§ 812.01111 Alternative Tower Structure.

“Alternative tower structure”
means man-made trees, water towers, clock towers, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(Ord. 204 § 2, 2001)

§ 812.01112 Amusement Arcade.

“Amusement Arcade.”
Means any business establishment in which there are more than ten (10) mechanical or electronic play devices, as defined in this Division, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50% of its gross income from the sale of food and beverages, and which possesses a valid County Health Department permit to operate a restaurant, shall not be considered an amusement arcade for the purposes of this Section.
(Ord. 142 § 2(A), 1995)

§ 812.01115 Anatomical Areas, Specified.

“Specified Anatomical Areas”
shall include any of the following human anatomical areas:
(a) 
Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae; or
(b) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 151 § 3, 1996)

§ 812.01120 Animals, Beneficial or Endangered.

“Animals, Beneficial or Endangered.”
(a) 
Beneficial animals are those species which do not contribute to a strain on an ecosystem. They may also serve to eradicate pest species for agricultural or health purposes.
(b) 
An endangered species is an animal species which has been diminished in quantities sufficiently large enough to raise questions regarding the future propagation of the species.

§ 812.01125 Antenna.

“Antenna”
means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other commercial signals. “Antenna” shall not include any satellite dish antenna utilized for radio, citizens band radio, television, AM/FM or short-wave radio reception purposes.
(Ord. 204 § 2, 2001)

§ 812.01130 Apartment.

“Apartment.”
A room or suite of rooms when combined constitute a single dwelling unit in a multiple dwelling structure and which are designed for, intended for, suitable as a residence for, and/or occupied by one family

§ 812.01135 Applicant.

“Applicant.”
The property owner(s), or authorized agent of the owner(s) who is legally authorized to act for the owner(s) of record

§ 812.01140 Approved Access.

(a) 
“Approved access”
refers to a dedicated right-of-way to the City of Yucaipa, an easement for public road, Highway and public utility purposes of a width as established by the Transportation Element of the General Plan. The road constructed thereon shall not be brought into the City-maintained road system until and unless the Yucaipa City Council, by appropriate resolution, has caused said road to be accepted into the City Road System.
(b) 
“Approved access”
also refers to an existing traveled way where a prescriptive right by user has been established for public use by a Court decree.
(c) 
“Approved access”
also refers to a traveled way which was in existence prior to 1967, as determined by the City Surveyor. Such traveled way must connect to a publicly maintained roadway and must met each of the following criteria.
(1) 
The way must have all-weather capability for normal passenger car use.
(2) 
The way must be of adequate width to provide two-way vehicular access.
(3) 
The way must be improved and maintained by the use of hand or power machinery or tools in order to allow relatively regular and continuous use. A traveled way maintained solely by the passage of vehicles does not constitute “Approved Access.”
Approved Access shall not be approved by the City Surveyor unless the access satisfies the following two conditions.
(a)
Substantially conforms to the alignment shown in the Transportation Element of the General Plan or Specific Plan where applicable
(b)
The access should 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.

§ 812.01150 Automobile and Trailer Sales Area.

“Automobile and Trailer Sales Area.”
An open area used for the display and sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of those automobiles or trailers to be displayed, rented, or sold on the premises.
(Ord. 204 § 2, 2001)

§ 812.02005 Backhaul Network.

“Backhaul network”
means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

§ 812.02010 Basement or Cellar.

“Basement or Cellar”
refers to a room of a structure partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. A basement, having more than one-half of its height above the average level of the adjoining ground, shall be considered a story.

§ 812.02015 Bed and Breakfast Lodge.

“Bed and Breakfast Lodge.”
An accessory use to a single dwelling unit, where guest rooms are made available to transient guests for overnight sleeping accommodations on a daily basis.
(Ord. 345 § 1, 2016)

§ 812.02025 Block.

“Block.”
The property abutting on one side of a street between two nearest intersection streets, railroad right-of-way, or other natural barrier; provided, however, that where a street curves so that any two chords thereof form an angle of 120 degrees or less measured on the lot side, each curve shall be construed as an intersection street.

§ 812.02030 Board or Board of Supervisors.

“Board” or “Board of Supervisors.”
The legislative or law-making body for San Bernardino County, composed of five members which is the final nonjudicial level for decision making and hearings on land use cases in incorporated areas, except major and minor deviations and appeals thereof.

§ 812.02035 Boarding House.

“Boarding House.”
A residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, for a term of at least 30 days, whether or not the owner, agent, or rental manager resides within the residence or dwelling unit, and where the residents do not operate as a single housekeeping unit.
(Ord. 345 § 2, 2016)

§ 812.02040 Buffer.

“Buffer.”
A buffer is 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 multiple-family housing between single-family housing and commercial uses.

§ 812.02045 Building.

“Building.”
Any structure built for the support, shelter, or enclosure of persons, animals, fowl, chattels, or property of any kind.

§ 812.02050 Building Coverage.

“Building Coverage.”
The alterations of a lot by the creation of surface area upon which a building rests. The percentage surface coverage does not include roadways, swimming pools, tennis courts, solar collection devices, or related apparatus.

§ 812.02055 Building Envelope.

“Building Envelope.”
The building envelope is an area delineated on development plans in which all clearing and land disturbance for building construction must be confined unless otherwise authorized by this code. If not delineated, it is the area of a lot not included within any required front yard, rear yard, side yard, or side street yard setback area, or any recorded easement, or offer of dedication.

§ 812.02060 Building Height.

“Building Height.”
Building height refers to the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building.
(a) 
The reference datum may be selected by the elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade.
(b) 
The reference datum may be selected by an elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in (a) above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

§ 812.02063 Building-Mounted.

“Building-mounted”
means an antenna mounted to the side or façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.
(Ord. 204 § 2, 2001)

§ 812.02065 Building Official.

“Building Official.”
The City Officer, charged with the administration and enforcement of this code, or a duly authorized representative.

§ 812.02070 Building Site.

“Building Site.”
The ground area occupied or to be occupied by a building or group of buildings, together with all open spaces as required by the City Code.

§ 812.03003 Calf Ranch or Raising.

“Calf ranch or raising.”
Any premises used for the raising or keeping of 10 or more weaned calves.

§ 812.03005 Camp, Organized.

“Organized Camp.”
A site with program and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives normally for five days or more during one or more seasons of the year. Such 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. Establishments which rent or lease facilities on an individual family or group basis for the principal purpose of sporting or other unorganized recreational activities should not be considered an organized camp.

§ 812.03010 Camp, Public.

“Public Camp.”
Land or premises used or intended to be used, let, or rented for camping purposes by two or more camping parties in trailers, tents, or other movable or temporary dwellings

§ 812.03015 Capital Facilities.

“Capital Facilities.”
Physical facilities or equipment such as roads, libraries, schools, government buildings, water, and sewer systems

§ 812.03020 Carport.

“Carport.”
A permanent roofed structure with no more than two enclosed sides, used or intended to be used for shelter and storage

§ 812.03023 Cellular.

“Cellular”
means analog or digital wireless telecommunication technology that is based on a system of interconnected neighboring cell sites.
(Ord. 204 § 2, 2001)

§ 812.03025 Cemetery.

“Cemetery.”
“Cemetery” refers to land used or intended to be used for the permanent internment of dead human bodies or the cremated remains thereof dedicated for cemetery purposes. A cemetery is established and operated in compliance with the State Health and Safety Code and any mapping and Conditional Use Permit requirements of this Title. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such a cemetery. “Pet Cemetery” shall be a cemetery for domesticated animals and shall be in compliance with applicable State, County, and City regulations, including mapping and applicable Conditional Use Permit requirements.

§ 812.03030 Centerline.

“Centerline.”
The centerline of a street shall mean the right-of-way centerline as established by the County Surveyor, the City Engineer, or the State Division of Highways of the State of California. If no such centerline has been established and in any case in which the foregoing definition is not applicable, the reviewing authority shall designate the centerline.

§ 812.03035 Channel Acquisition.

“Channel Acquisition.”
The buying or leasing of drainage courses for the purpose of routing or controlling water runoff or floods

§ 812.03040 Circulation Element.

“Circulation Element.”
Any street, highway, boulevard, freeway, parkway, road, lane, alley, public easement, or public right-of-way designed or designated for the use of pedestrians or vehicles by the General Plan and any applicable Specific Plan

§ 812.03045 City.

“City.”
The City of Yucaipa.

§ 812.03050 City Procedures.

“City Procedures.”
Any policies or procedures which have been adopted by the Board of Supervisors and are described, delineated, and on file for use and examination by the public in the Office of Clerk of the City Council

§ 812.03055 City Schedule of Fees or Fee Schedule.

“City Schedule of Fees or Fee Schedule.”
Refers to Title 2, Chapter 2.28, City Service Fees and Charges

§ 812.03060 City Standards.

“City Standards.”
Any current improvement standards or design standards which have been adopted by the City Council and are described, delineated, and on file for use and examination by the public in the Office of the Clerk of the City Council

§ 812.03065 City Surveyor.

“City Surveyor.”
The City Surveyor of the City of Yucaipa or an authorized designee

§ 812.03070 City Council.

“City Council.”
The legislative or law-making body for the City of Yucaipa, composed of five members which is the final non-judicial level for decision making and hearings of land use cases, except minor deviations and appeals thereof.

§ 812.03075 City Planner.

“City Planner.”
Director of the Community Development Department is responsible for all city staff level decision making related to land use.

§ 812.03080 City Engineer.

“City Engineer.”
Director of the City Engineering Department.

§ 812.03085 Club.

“Club.”
An association of persons, whether incorporated or unincorporated and organized for some common nonprofit purpose, but not including a group organized solely or primarily to render a service customarily carried on as a business

§ 812.03087 Co-located.

“Co-located”
means the locating of wireless telecommunication equipment from more than one provider on single wireless telecommunication facilities.
(Ord. 204 § 2, 2001)

§ 812.03090 Commercial Coach.

“Commercial Coach.”
A vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, including vehicles containing mobile offices.

§ 812.03095 Common Carrier.

“Common Carrier.”
Any corporation or business that performs a service for or delivers a commodity to the public or any portion thereof via a pipeline or other transmission line or device for which any compensation or payment whatsoever is received and is subject to the Federal Mineral Leasing Act of 1920, as amended by Public Law 93-153

§ 812.03100 Common Interest Development.

“Common Interest Development.”
A real property development which consists or will consist of separately owned lots, parcels, areas, or spaces with either or both of the following features:
(a) 
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
(b) 
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 such 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 subdivision (f) of Section 25100 of the California Corporations Code.

§ 812.03105 Compliance Investigation.

“Compliance Investigation.”
Any building permit inspection, mobilehome setdown inspection, Code compliance investigation, or any review by any City Agency, Department or office, or their designee to determine compliance with rules, regulations, standards, and conditions of approval established either by or to implement the provisions of the Yucaipa City Code.

§ 812.03110 Composite Development Plan.

“Composite Development Plan.”
A composite development plan is a map or plan on file with the City Engineer which reflects additional information related to the development of lots created by a Final or Parcel Map recorded after March 1, 1986. Notes on this plan or map are for informational purposes and indicate conditions and criteria that exist on the property that were known and identified as of the date of the recordation of the Final or Parcel Map. Authority for this plan is derived from California Government Code Section 66434.2.

§ 812.03115 Compressed Gas.

“Compressed Gas.”
Any mixture or material having in the container either an absolute pressure exceeding 40 pounds per square inch at 70 degrees F., or an absolute pressure exceeding 104 pounds per square inch at 130 degrees F., or both; or any liquid flammable material having a vapor pressure as defined in Section 9.124 exceeding 40 pounds per square inch at 100 degrees F.

§ 812.03117 Commercial Marijuana Activity.

“Commercial Marijuana Activity.”
The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products. Commercial marijuana activity includes the activities of any business licensed by the State or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
However, the planting, growing, cultivating, harvesting, drying, curing, grading, trimming or processing of no more than six marijuana plants consistent with Section 11362.1 et seq., of the Health and Safety Code shall not be considered Commercial Marijuana Activity provided it meets the following requirements:
1.
The marijuana cultivation cannot occur outdoors.
2.
The marijuana cultivation may only occur at a private residence (which is defined as a house, an apartment unit, a mobile home, or other similar dwelling), or inside a “fully enclosed and secure accessory structure” located upon the grounds of a private residence. A “fully enclosed and secure accessory structure” means any building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
(Ord. 354 § 3, 2017)

§ 812.03120 Community Apartment Project.

“Community Apartment Project.”
A community apartment project is a common interest development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. This use includes apartment complexes that were converted to allow for individual ownership of units that were not constructed to condominium building standards.

§ 812.03125 Community Noise Equivalency Level (CNEL).

“Community Noise Equivalency Level (CNEL).”
The CNEL is a measure of the cumulative noise exposure level in the community. It results from a summation of average noise levels based on the average energy level of the sound over a 24-hour period, with an increased weighing factor applied to the evening and night time period.

§ 812.03130 Condominium.

“Condominium.”
A condominium is an estate in real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, an estate for years, such as a leasehold or subleasehold, or any combination of the foregoing.

§ 812.03135 Condominium Plan.

“Condominium Plan.”
A condominium plan is a plan consisting of a description or survey map of a condominium project which shall refer to or show monumentation on the ground; 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 a certificate consenting to the recordation of the condominium plan pursuant to this title signed and acknowledged by the record owner of fee title to that property included in the condominium project. In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years and, in the case of a condominium project subject to a life estate, the certificate shall be signed and acknowledged by all life tenants and remainder interests. The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the 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 pursuant to this subdivision.

§ 812.03140 Condominium Project.

“Condominium Project.”
A condominium project is a common interest development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to boundaries described in the recorded condominium plan, physical boundaries, either in existence or to be constructed such as walls, floors, and ceilings of a structure or any portion thereof, an entire structure containing one or more units, or any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

§ 812.03143 Congregate Living Health Facility.

“Congregate Living Health Facility.”
A state licensed facility meeting the definition under Health and Safety Code 1267.16(c) that provides care for persons who are terminally ill within a single-family residential structure that conforms to the R-2.1 Building Code Occupancy requirements. Such facilities shall appear consistent with the size of the adjoining single family residential structures, including average height and square footage, and shall comply with all separation requirements listed under state law.
(Ord. 465 § 11, 2025)

§ 812.03145 Conservation.

“Conservation.”
The term conservation refers to the planned management, protection, and use of natural resources in order to prevent the wasteful exploitation, destruction or neglect of these resources. Implicit in the term conservation is the concept of wise use as distinguished from nonuse or preservation.

§ 812.03150 Consistency.

“Consistency.”
A review to ensure that all plans and actions conform to guidelines set forth in the General Plan and any applicable or Specific Plans

§ 812.03155 Construction Projects.

“Construction Projects.”
A construction activity that is subject to approval of either a City-ministered permit or approval of a discretionary decision on a land use application

§ 812.03160 Contiguous or Contiguous Property.

“Contiguous.”
Contiguous means in actual close contact, touching, bounded or traversed by. “Contiguous property” shall be those properties which touch property lines of any parcel including those properties which touch said property lines of a subject parcel when such lines are projected across public or private rights-of-way, easements, roads, streets, or railroad rights-of-way.

§ 812.03165 Cooling Opportunities, Passive or Natural.

“Passive or Natural Cooling Opportunities.”
The ability to orient or site a structure, including a dwelling, on its lot in order to take optimum advantage of prevailing breezes for cooling purposes.

§ 812.03170 Court.

“Court.”
An open, unoccupied space, other than a yard, which is bounded on two or more sides by such building or buildings and is created by the required separation of such buildings.

§ 812.03175 Cultural Resource Damage.

“Cultural Resource Damage.”
Any destruction or harm done to or inflicted upon any such paleontologic, archaeologic, or historic remains which could contribute to the study and interpretation of biological and cultural development.

§ 812.03180 Curb Cut.

“Curb Cut.”
The lowering of a curb to permit access by vehicles, wheelchairs, carts, and pedestrians.

§ 812.04005 Dairy.

“Dairy.”
Any premises where milk is produced for sale or distribution and where 10 or more cows or goats are in lactation.

§ 812.04010 Days.

“Days.”
Any reference to day or days shall mean calendar days, unless otherwise specified.

§ 812.04015 Days, Business.

“Business Days.”
A business day is any day a specified Office, Department, or other agency is open to the public for normal business. This term shall normally exclude all Saturdays, Sundays, and any holiday that is recognized and observed by the specified Office, Department, or other agency.

§ 812.04020 Day Care Facility.

“Day Care Facility.”
A day care facility is a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. Day care facilities includes family day care homes, infant centers, preschools, and extended day care facilities. A “family day care home” is a day care facility located in a residence which regularly provides care, protection, and supervision of twelve (12) or fewer children from more than one other family in the provider’s own home for periods of less than twenty-four (24) hours per day while the parents or guardians are away and includes the following.
(a) 
A “large family day care home” may provide care for more than twelve (12) children and up to and including fourteen (14) children, if all of the following conditions are met:
(1) 
At least two of the children are at least six years of age.
(2) 
No more than three infants are cared for during any time when more than twelve (12) children are being cared for.
(3) 
The licensee notifies a parent that the facility is caring for two additional schoolage children and that they may be up to thirteen (13) or fourteen (14) children in the home at one time.
(4) 
The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(b) 
A “small family day care home” is one which may provide care for more than six and up to eight children, if all of the following conditions are met:
(1) 
At least two of the children are at least six years of age.
(2) 
No more than two infants are cared for during any time when more than six children are cared for.
(3) 
The licensee notified each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time.
(4) 
The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(Ord. 210 § 29, 2001)

§ 812.04025 Decibel (dBA).

“Decibel (dBA).”
A measure of sound pressure on a logarithmic scale with respect to a standard reference value.

§ 812.04035 Design.

“Design.”
Includes the planning and engineering of the following: street alignments, grades, and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and firebreaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; location of proposed and existing structures and improvements; and such 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 code, the General Plan, and any applicable Specific Plan.

§ 812.04040 Developer.

“Developer.”
A developer is any person, association, firm, corporation, partnership, and other business entity or public agency installing or constructing a development. For the purposes of Chapter 10 of Division 7, this includes any person, business entity, or public agency seeking to perform earthwork grading on any project or development for which the conditions of approval require any specific or general features to be incorporated in the earthwork or which restrict or limit the earthwork grading in any way, other than in compliance with the grading provisions as prescribed in the Uniform Building Code.

§ 812.04045 Development.

“Development.”
The use to which land shall be put, the buildings to be constructed on it, and all alteration of the land and construction incident thereto.

§ 812.04050 Development Application.

“Development Application.”
Any application, review, and/or process acted upon by the Office of Planning or County Surveyor; a land use application.

§ 812.04055 Development Code.

“Development Code.”
The Development Code is a set of land use regulations adopted by the City of Yucaipa in conformance with the General Plan. All actions and undertakings necessary for project planning, land acquisition, demolition, or construction of a project must conform with the City Code prior to approval. The Development Code is Title 8 of the Yucaipa City Code.

§ 812.04060 Development Moratorium.

“Development Moratorium.”
A development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the authority of the City to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays, the approval of a final or parcel map. A development moratorium is also deemed to exist for any period of time during which a condition imposed by the City could not be satisfied because the condition was one which, by its nature, necessitated action by the City, and the City either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action prior to expiration of the tentative map.

§ 812.04065 Development Perimeter.

“Development Perimeter.”
The development perimeter is a line which indicates the outer perimeter of structural development or proposed structural development of one structure or a group of structures within a development project. For the purposes of this section, structures within 100 feet of another structure shall be considered as part of the same group of structures. The development perimeter may be derived from one of the following methods.
(a) 
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
(b) 
Where a development project indicates the location of buildings or building envelopes on a site plan, a composite development plan, or a final development plan, the development perimeter may be delineated by the outer limit of the location of each building. The development perimeter between the planned location of each building shall be delineated by the shortest line between the outer faces of adjacent buildings or building envelopes.
(c) 
The development perimeter may be derived through alternate means, provided they meet or exceed the limitations described in subsections 812.04065 (a) and (b) above.

§ 812.04070 Development Permit.

“Development Permit.”
A permit issued by the building official or the city of Yucaipa’s director of community development for construction or land disturbance, including, but not limited to, building permits, mobilehome setdown permits, and grading permits.
(Ord. 210 § 30, 2001)

§ 812.04075 Development Plan (PUD).

“Development Plan.”
A development plan is a detailed, comprehensive plan of development for a Planned Development. This development plan applies limits and parameters for development derived from a development suitability analysis to a specific development scheme. Development Plans shall include a detailed description of the proposed development and its effects including, but not limited to, a written text, diagrams or maps describing the program for development and the functional arrangement of structures and uses, the effect of such arrangement upon the physical characteristics of the site, available public services, the capacity of the existing circulation system, and the existing and planned land use of adjacent properties. It includes a dimensioned site plan showing the location of all structures and lots in sufficient detail to permit recordation and the preparation of construction drawings.

§ 812.04080 Development Project.

“Development Project.”
Any one or a series of related development applications that constitute a single development proposal.

§ 812.04085 Development Restrictions.

“Development Restrictions”
include, but are not limited to, any of the following restrictions on property.
(a) 
Open space easements.
(b) 
Transfer of development rights.
(c) 
Conveyance of development rights to the City.
(d) 
Land Use District restrictions on development.

§ 812.04090 Development Review Committee.

“Development Review Committee.”
A committee consisting of representatives from various public agencies whose functions are to review and make recommendations on development proposals.

§ 812.04095 Development Suitability Analysis.

“Development Suitability Analysis.”
A comprehensive examination of the opportunities and constraints affecting development of a given site.

§ 812.04100 Deviations.

“Deviations.”
Authorized variances from required distances, setbacks, areas, or physical improvements.

§ 812.04130 Drainage Course.

“Drainage course.”
A natural or man-made water course which could convey runoff either year around or intermittently.

§ 812.04140 Dripline.

“Dripline.”
A line which may be drawn on the ground around a tree directly under its outermost branch tips which is projected vertically down to the ground and which identifies that area where rainwater tends to drop from the tree.

§ 812.04145 Dwelling, Multiple.

“Multiple Dwelling.”
A building or portion thereof used and/or designed as a residence for two or more families living independently of each other in separate dwelling units.

§ 812.04150 Dwelling, Single.

“Single Dwelling.”
A detached dwelling unit designed and/or used to house not more than one family, including all domestic employees of such family.

§ 812.04155 Dwelling Unit.

“Dwelling Unit.”
Any building or portion thereof, affixed to a permanent foundation, including a manufactured home or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation as required by the Uniform Building Code, for not more than one family, including domestic employees of such facility. Guestrooms located within hotels or motels are not dwelling units.
(Ord. 210 § 31, 2001)

§ 812.04158 Dwelling Unit, Secondary.

“Secondary Dwelling Unit.”
A secondary dwelling unit is an additional single-family residence that is allowed on a lot where there is an existing legal single-family residence, provided that the lot area of the subject property is at least two times the minimum lot size specified by the land use district for the subject property. A secondary dwelling unit is subject to the standards set forth in Section 84.0510, and does not have the same size restrictions as an accessory dwelling unit.
(Ord. 359 § 6, 2017)

§ 812.05005 Earth Material.

“Earth Material.”
Rock, natural soil, or combination thereof

§ 812.05010 Educational Institutions.

“Educational Institutions.”
Colleges or universities supported wholly or in part by public funds, and other colleges and universities giving general academic instruction as prescribed by the California State Board of Education.

§ 812.05011 Emergency Shelter.

“Emergency Shelter.”
A residential facility, other than a community care facility, operated by a provider that provides temporary accommodations to homeless persons with low income. The term “temporary accommodations” means that a person will be allowed to reside at the shelter for a time period not to exceed six months. For purposes of this definition, a “provider” shall mean a government agency or private non-profit organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but it is not developed with individual dwelling units, with the exception of the manager’s unit.
(Ord. 296 § 9, 2010)

§ 812.05012 Employee.

“Employee”
is a person who works in and/or performs for a Sexually-Oriented Business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator or owner of said business, or is an independent contractor.
(Ord. 151 § 4, 1996; Ord. 296 § 9, 2010)

§ 812.05015 Environmental Constraints.

“Environmental Constraints.”
Environmental factors which limit or inhibit the potential for land development, including, but not limited to, flood hazards, seismic hazards, air quality, and water supply.

§ 812.05020 Environmental Impact.

“Environmental Impact.”
Projected long-or short-term effects (adverse or beneficial) which a development project or plan may have on the natural and built environment if the project is carried out.

§ 812.05025 Environmental Impact Report (EIR).

“Environmental Impact Report (EIR).”
An EIR is the public document used by a governmental agency to analyze the significant environmental effects of a proposed project, to identify alternatives, and to disclose possible ways to reduce or avoid possible environmental damage.

§ 812.05035 Environmental Review Guidelines.

“Environmental Review Guidelines.”
Written procedures adopted by the City Council for the purpose of implementing the requirements of the California Environmental Quality Act (CEQA).

§ 812.05040 Erosion.

“Erosion.”
The wearing away of the ground surface as a result of the movement of wind or water or machine.

§ 812.05045 Erosion, Accelerated.

“Accelerated Erosion.”
Accelerated erosion is erosion caused by a human-induced alteration of the vegetation, land surface, topography, or runoff pattern. Evidence of accelerated erosion is often indicated by exposed soils, gullies, rills, sediment deposits, or slope failures caused by human activities.

§ 812.05050 Erosion Hazard.

“Erosion Hazard.”
The term erosion hazard refers to the susceptibility of a site to erode, based on condition of slope, rock type, soil, and other site factors. Hazard may be determined based on a site-specific investigation, and such soil disturbance may be caused by wind, water, or machine.

§ 812.05051 Escort.

“Escort”
is any person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a “striptease” for another person. Escort shall not include any person hired by a State licensed school for purposes of modeling in any art education class while such person acts in that capacity.
(Ord. 151 § 4, 1996)

§ 812.05052 Establishment.

“Establishment”
shall include any of the following:
(a) 
The opening or commencement of any Sexually-Oriented Business as a new business; or
(b) 
The conversion of an existing business, whether or not it is a Sexually-Oriented Business, to any Sexually-Oriented Business; or
(c) 
The addition of any Sexually-Oriented Business to any other existing Sexually-Oriented Business; or to another existing non-Sexually-Oriented Business, with or without expansion of floor area; or
(d) 
The relocation of any Sexually-Oriented Business; or
(e) 
The expansion or enlargement of the premises by ten (10) percent or more of the existing floor area as originally approved by the City’s Building Official.
(Ord. 151 § 4, 1996)

§ 812.05055 Exotic Animal.

“Exotic Animal.”
Any warm or cold-blooded animal of the biological kingdom Animalia generally considered as wild, exotic, dangerous, venomous, or not normally domesticated.

§ 812.05060 Exploration or Prospecting.

“Exploration or Prospecting.”
These terms refer to the search for minerals by geological, geophysical, geochemical, or other techniques. These include, but are not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of mineral present.

§ 812.06003 FAA.

“FAA”
means the Federal Aviation Administration.
(Ord. 204 § 2, 2001)

§ 812.06005 Family.

“Family.”
A person or persons living together as a single housekeeping unit in a dwelling unit.

§ 812.06008 FCC.

“FCC”
means the Federal Communications Commission.
(Ord. 204 § 2, 2001)

§ 812.06010 Final Map.

“Final Map.”
See the California Government Code, Title 7, Division 2 definition.

§ 812.06015 Findings.

“Findings.”
A set of conclusions which are required before specified permits, land use applications, deviations, ordinance changes, or other entitlements may be granted.

§ 812.06020 Fire Authority.

“Fire Authority.”
‘The San Bernardino County Fire Warden, State Forest Ranger in charge of the California Department of Forestry, or U.S. Forest Supervisor.

§ 812.06025 Fire Authority, Local.

“Local Fire Authority”
is the fire department or agency serving a subject area as specified by City Code Section 23.015(h).

§ 812.06030 Fire-Resistive or Fire-Resistive Construction.

“Fire-Resistive or Fire-Resistive Construction”
refer to construction to resist the spread of fire, details of which may be specified in the Building Code of the jurisdiction.

§ 812.06035 Fire-Resistive Rating.

“Fire-Resistive Rating.”
The time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings, construction, and materials in the U.B.C. Standards.

§ 812.06040 Flammable Liquid.

“Flammable Liquid.”
A flammable liquid is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F. Class I liquids shall include those having flash points below 100 degrees F and may be subdivided as follows.
(a) 
Shall include those having flash points below 73 degrees F and having a boiling point below 100 degrees F
(b) 
Shall include those having flash points below 73 degrees F and having a boiling point at or above 100 degrees F
(c) 
Shall include those having flash points at or above 73 degrees F and below 100 degrees F

§ 812.06045 Flammable Solid.

“Flammable Solid.”
A solid substance, other than one classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes, or as a result of retained heat from manufacturing or processing.

§ 812.06050 Flood Control District.

“Flood Control District.”
The San Bernardino County Flood Control District.

§ 812.06055 Flood Control Engineer.

“Flood Control Engineer.”
The Engineer of the San Bernardino County Flood Control District appointed by the Board of Supervisors, or an authorized designee.

§ 812.06060 Flood Hazard.

“Flood Hazard.”
A substantial possibility of damage to life or property by overflow water, ponded water, or other water on the surface of the land or by debris or silt carried in such water. The following flood-related terms are defined as follows.
(a) 
“Alluvial Fan.”
A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion sediment movement and deposition, and channel migration.
(b) 
“Apex.”
The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major steam that formed the fan emerges from the mountain front.
(c) 
“Base Flood.”
Base Flood means the flood having a 1% chance of being equaled or exceeded in any given year (also called the “100-year flood”).
(d) 
“Certify.”
To authenticate or vouch for in writing, and signed by the certifying party, that the submitted data is true, as represented, or that the requirements of the regulations have been satisfied.
(e) 
“Design Flood.”
A design flood is that flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a Federal flood control project survey has been authorized, the design flood will be that established by the cognizant Federal agency and in all other cases will be determined by the City Engineer.
(f) 
“First Habitable Floor.”
The lowest floor in a structure usable for living purposes, which may include working, sleeping, eating, cooking, recreation, or a combination thereof.
(g) 
“Flood.”
A flood is any temporary rise in stream flow or water surface level that results in significant adverse effects in the floodplain. Adverse effects of floods may include damages from overflow of land areas, effects of temporary backwater or sewers and local drainage channels, bank erosion or channel shifts, unsanitary conditions or other unfavorable conditions resulting from deposition of materials in stream channels during flood recessions, rise of ground water coincident with increased stream flow, and interruption of traffic at bridge crossings.
(h) 
“Flood Boundary and Flooding Map.”
The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
(i) 
“Flood Insurance Rate Map (FIRM).”
The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(j) 
“Floodplain.”
The relatively flat area or lowlands adjoining the channel of a stream or watercourse and subject to overflow by flood waters.
(k) 
“Floodplain Overlay District.”
(1) 
“FP1 Overlay District” (100-Year Flood Area).
Areas of 100-year flood as defined by the Federal Flood Insurance Regulations.
(2) 
“FP2 Overlay District.”
Areas between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood.
(3) 
“FP3 Overlay District.”
Areas of shallow flooding with undetermined, but possible, flood hazards as determined by the City, the Flood Control District, or other governmental agency.
(l) 
“Floodway.”
The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot; also referred to as “Regulatory Floodway”.
(m) 
“Functionally Dependent Use.”
A functionally dependent use is a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(n) 
“Highest Adjacent Grade.”
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(o) 
“Historic Structure.”
(1) 
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.
(2) 
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.
(3) 
Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(A) 
By an approved State program as determined by the Secretary of the Interior, or
(B) 
Directly by the Secretary of the Interior in States without approved programs
(p) 
“Lowest Floor.”
For floodplain management purposes, the term “lowest floor” refers to the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
(q) 
“Manufactured Home.”
For floodplain management purposes, the terms refers to structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a per Ganent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
(r) 
“Manufactured Home Park or Subdivision.”
For flood-plain management purposes, this terms refers to a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
(s) 
“New Construction.”
For the purposes of determining insurance rates, “new construction” refers to structures for which “the start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, including any subsequent improvements to such structures. For floodplain management purposes, the term also applies to structures for which the “start of construction” commenced on or after the effective date of a flood plain management regulation adopted by a community, and includes any subsequent improvements to such structures.
(t) 
“Regulatory Floodway.”
The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
(u) 
“Start of Construction.”
The terms “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.
(v) 
“Substantial Damage.”
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
(w) 
“Substantial Improvement.”
The term “substantial improvement” refers to any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct an existing violation of State or local health, sanitary, or safety code specification which has been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure”.
(x) 
“San Bernardino County Flood Control District.”
A district established by act of the State Legislature, empowered to protect the watercourses of said District and governed by the Board of Supervisors of the County of San Bernardino acting as ex officio Governing Board of the District.
(y) 
“Selected Flood.”
A flood of a recurrence interval determined by the Planning Commission or City Council after a recommendation of the City Engineer.
(z) 
“Standard Project Flood.”
A standard project flood is a flood that would result from a storm that is considered reasonably characteristic of the region in which the drainage area is located, giving consideration to the runoff characteristics of the drainage area and excluding rare combinations of meteorologic and hydrologic conditions. Such a flood provides a reasonable upper limit to be considered in designing flood control improvements and floodplain limits.

§ 812.06065 Freeway.

“Freeway.”
A freeway is any dedicated or deeded public right-of-way to which the owners of abutting lands have no right or easement of access to or from their abutting lands. In addition, freeways shall include those rights-of-way designated by official action as freeways by the California State Highway Commission or the City Council.

§ 812.06070 Front Wall.

“Front Wall.”
The nearest wall of a building or other structure to the street upon which the building faces, but excluding cornices, canopies, eaves, or any other architectural embellishments that may extend beyond said front wall, not to exceed a distance of four feet.

§ 812.06075 Frontage Road.

“Frontage Road.”
A minor street which is parallel to and adjacent to an arterial street or freeway and which provides access to abutting properties and protection from through and fast traffic.

§ 812.06080 Fuelbreak.

“Fuelbreak.”
The term “fuelbreak” refers to areas also known as greenbelts which separate communities or clusters of structures from native vegetation. Within the fuelbreak boundaries, the vegetation is thinned out, pruned, modified, or landscaped to effectively reduce the volume and flammability of fuel, thereby substantially reducing or preventing the rate of spread and intensity of wildland fires.

§ 812.06085 Fuel Modified Area.

“Fuel Modified Area.”
An area where living and dead vegetation is managed regularly, usually by trimming, removal, or substitution of natural vegetation in order to reduce fire hazards, by use of mechanical, chemical, and biological means and/or prescribed burning.

§ 812.06090 Future Right-of-Way.

“Future Right-of-Way.”
Future right-of-way of streets shown in the Transportation Element of the General Plan shall be based upon the adopted City Road Standards assuming an equal dedication of right-of-way on both sides of the existing centerline, or shall otherwise be determined as shown on any adopted Specific Plan.

§ 812.07005 Garage, Private.

“Private Garage.”
An accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of motor vehicles belonging to the occupants of the main building.

§ 812.07010 Garage, Public.

“Public Garage.”
Any building, other than a private or storage garage, used for the storage, care, or repair of motor vehicles and where any such vehicles are equipped for operation or kept for hire or sale.

§ 812.07015 Garage, Storage.

“Storage Garage.”
Any building, other than a public or private garage, used exclusively for the storage of motor vehicles.

§ 812.07020 General Plan.

“General Plan.”
An official or adopted General Plan, or any element thereof, as defined in California Government Code, Title 7, Division 1, Chapter 3.

§ 812.07025 General Plan, City or Update.

“City General Plan or Comprehensive General Plan or Consolidated General Plan.”
These terms refer to an official public document consisting of maps and text adopted by the City as a policy guide to decisions pertaining to the physical development of the City. It is the City’s statement of goals, policies, and action steps necessary for orderly development and growth, and thereby serves as a guide for many public decisions, especially land use changes, preparation of capital improvement programs, and the enactment of growth management legislation.

§ 812.07030 Goals.

“Goals.”
General statements that describe a desired end state toward which effort should be directed.

§ 812.07035 Government Code.

“Government Code.”
The State of California Government Code.

§ 812.07040 Grading.

“Grading.”
Grading means excavating, filling, leveling, or smoothing, or a combination thereof, for which a grading permit is required by the Uniform Building Code. “Major grading” refers to grading in excess of 100 cubic yards, whereas “minor grading” is 100 cubic yards or less.

§ 812.07045 Grading Provisions.

“Grading Provisions.”
One or more standards contained in the grading ordinance.

§ 812.07047 Ground-mounted.

“Ground-mounted”
means equipment mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.
(Ord. 204 § 2, 2001)

§ 812.07050 Ground-Shaking Levels.

“Ground-Shaking Levels.”
The terms refers to the physical movement of the land surface due to earthquakes, the extent of which is dependent upon the magnitude of the tremor, the subsurface material of the area, and the proximity to the epicenter of the quake. Ground-shaking levels may be measured on the Modified Mercali Intensity Scale.

§ 812.07055 Growth Monitoring.

“Growth Monitoring.”
Growth monitoring is a process which 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.

§ 812.07060 Guest Housing.

“Guest Housing.”
Guest housing is the residential occupancy of a living unit, with bathroom plumbing only, located on the same parcel as the primary dwelling unit, but separated from it by at least 10 feet. This housing is for use by the occupants or temporary guests of the occupants of the premises and is not to be rented or otherwise used as a separate dwelling, except as provided by Section 84.0510.

§ 812.07065 Guest Room.

“Guest Room.”
A room which is designed for or used by one or more guests for sleeping purposes, but in which no provision is made for cooking.

§ 812.07068 Guest Quarters.

“Guest Quarters.”
Guest quarters are living quarters within a detached accessory building located on the same parcel with the principal building or a contiguous parcel with the same common owner, for use by the occupants or by temporary guests of the occupants of the premises. Such quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling. An example of guest quarters is a room in a detached garage with bathroom facilities only.

§ 812.08003 Habitable Space (Room).

“Habitable Space (Room).”
This terms refers to space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

§ 812.08005 Hazardous Areas.

“Hazardous Areas.”
Hazardous areas are those areas subject to or containing elements which pose a potential threat to life or property. Floodplains, earthquake fault zones, nuclear or chemical waste disposal sites, or areas of inherently unsafe soil conditions are examples of hazardous areas.

§ 812.08010 Hazardous Excavation, Mining.

“Hazardous Excavation, Mining.”
An unattended pit, shaft, portal, or other surface opening which, if not secured by covering, fencing, or having its access restricted by gates, doors, or other reasonable means, presents a threat to the physical safety of the public.

§ 812.08015 Hazardous Fire Area.

“Hazardous Fire Area.”
This terms shall mean any land which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.

§ 812.08020 Hazardous Material.

“Hazardous Material.”
A material or waste or combination of materials and wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
(a) 
Cause, or significantly contribute to, an increase in mortality, serious irreversible illness, or incapacitating reversible illness; or
(b) 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

§ 812.08022 Hazardous Waste.

“Hazardous Waste.”
The terms means any of the following:
(a) 
A waste or combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.
(2) 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b) 
A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services pursuant to Section 25141 of the State Health and Safety Code.
(c) 
“Hazardous waste” includes, but is not limited to, RCRA (Resource Conservation and Recovery Act) hazardous waste.
(d) 
Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste.

§ 812.08023 Hazardous Waste Facility.

(a) 
“Specified Hazardous Waste Facilities”.
These facilities are off-site facilities that accept wastes from more than one generator. A facility must have carefully engineered and designed means for acceptance, storage, and treatment of the wastes, as well as trained personnel operating the site.
(b) 
“Transfer and Storage Facilities.”
Facilities that collect small quantities of hazardous waste and store them until it is economical to transfer the wastes to a treatment or disposal site.
(c) 
“Treatment Facilities.”
These are facilities that alter the chemical form, toxicity, or volume of a waste. They do this generally through the use of one of the following processes.
(1) 
Destruction or detoxification to transform a hazardous waste into a material safe for disposal
(2) 
Concentration or volume reduction to facilitate the safe handling and disposal of hazardous components
(3) 
Immobilization to isolate the hazardous components from the environment
(d) 
“Transportable Treatment Units (TTUs).”
Temporary mobile facilities that treat hazardous waste at the site of generation.
(e) 
“Incineration Facilities.”
These are facilities that burn some wastes such as organic liquids and solids which cannot be reclaimed economically or are technically difficult to treat. Incinerators destroy the waste, leaving a small hazardous waste residue. They can be developed as on-site or off-site facilities and are often used in hospitals to burn infectious wastes.
(f) 
“Solidification and Stabilization.”
These are the two most common methods of immobilizing hazardous wastes. Solidification and stabilization involve changing a liquid to a solid or altering the characteristics of a solid to immobilize the contaminants. A variety of materials are used, including cement, lime, and polymeric materials. This method is used for wastes that cannot be recycled, treated, or destroyed. Often, wastes undergo several treatment methods; solidification or stabilization is usually the last method applied in a treatment train.
(g) 
“Recycling Facilities.”
Facilities that process wastes so that they may be reclaimed, used or reused.
(h) 
“Residuals Repository.”
A residuals repository is a hazardous waste facility or part of a facility that is permitted to accept for land disposal only non-liquid, treated hazardous waste (as defined in Section 25179.3 (1), State Health and Safety Code). Non-liquid means non-liquid and containing less than 50% moisture by weight as determined in accordance with Section 67425 of Title 22, California Code of Regulations.
(i) 
“Land Disposal.”
(1) 
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
(2) 
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.
(3) 
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.

§ 812.08025 Heating Opportunities, Passive or Natural.

“Heating Opportunities, Passive or Natural.”
This term refers to the ability to orient or site any structure, including a dwelling, on its lot in order to take optimum advantage of natural solar heating capabilities. Structures should, wherever possible, orient their longest/largest axis from east to west and include special treatment of the south-facing wall.

§ 812.08027 Height.

“Height”
means, when referring to a tower or other related structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
(Ord. 204 § 2, 2001)

§ 812.08030 Hog Ranch or Raising.

“Hog Ranch or Raising.”
Any premises used for the raising or keeping of 10 or more weaned hogs.

§ 812.08035 Home Occupation.

“Home Occupation.”
Any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes and provided that no article is sold or offered for sale except that produced by said inhabitants, as stipulated in Division 4 of the City Code.

§ 812.08040 Hotel.

“Hotel.”
Any building or portion thereof containing guest rooms for compensation on a daily basis, to be occupied on a transient basis, and with no provision for cooking in any individual room or suite. A hotel does not include a bed and breakfast lodge or boarding house.
(Ord. 210 § 32, 2001; Ord. 345 § 3, 2016)

§ 812.08045 Hotel, Residential.

“Residential Hotels.”
A hotel in which 75% or more of the available rooms are occupied by or reserved for permanent guests for compensation on a monthly or longer basis.

§ 812.08050 Housing, Caretaker.

“Caretaker Housing.”
Residential occupancy of a dwelling unit by the owner, operator, or caretaker employed to guard part or all of the property on which the caretaker dwelling is located as an accessory use.

§ 812.08055 Housing, Dependent.

“Dependent Housing.”
The term “dependent housing” refers to the residential occupancy of an accessory dwelling unit located on the same parcel as the principal dwelling unit which is occupied by one or two adults, who have reached the age of 60, and are dependents of the residents of the primary unit, or are court-appointed conservatees of a resident of the principal unit, or are members of a very low income household as specified in Section 50105 of the Health and Safety Code and are related to the residents of the principal unit by birth, marriage, or adoption. For the purposes of this section, “dependent” means a related individual who is dependent upon the resident of the principal unit for financial support or health care. An individual will be determined to be a financial dependent if claimed by the resident of the primary unit as a dependent on his or her Federal or State income tax return. An individual will be determined to be a dependent for health care reasons if he or she is considered blind or disabled as defined in Section 1614(a) of Part A of Title XVI of the Social Security Act.

§ 812.08060 Housing, Group.

“Group Housing.”
Residential occupancy of a building or set of buildings each of which contains group quarters in permanently fixed building or a portions thereof with shared or no kitchen privileges.

§ 812.09010 Improvement, Subdivision.

“Subdivision Improvement.”
The term “subdivision improvement” refers to any street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, and flood control needs as a condition precedent to the approval and acceptance of the final map thereof. “Improvement” also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by the City, by private utilities, by any other entity approved by the City or by a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable Specific Plan.

§ 812.09015 Incompatible Land Uses.

“Incompatible Land Uses.”
An incompatible land use is the contiguous occurrence of an unlike land use which may have an adverse effect on an adjacent land use. A residential use adjacent to a general industrial use is an example of an incompatible land use.

§ 812.09020 Incompatible Land Use Characteristic.

“Incompatible Land Use Characteristic.”
An incompatible land use characteristic refers to an attribute of a land use which is detrimental to the character of another land use. An unpleasant odor from an area would be representative of an incompatible land use characteristic.

§ 812.09025 Infrastructure.

“Infrastructure.”
The basic utilities and services necessary to support development, e.g., sewer, water, and roads.

§ 812.09030 Institutional Use.

“Institutional Use.”
An institutional use is an organizational use of a public character including governmental, educational, religious, medical, scientific research, cultural, social, and sometimes, recreational or entertainment uses. Such organizations often utilize large structures and/or large grounds for public assembly purposes to educate, treat, train, help, or entertain groups of people on a regular or periodic basis.

§ 812.09035 Interim Land Uses.

“Interim Land Uses.”
A provisional or temporary land use often used while studies are being conducted to evaluate the long-term use.

§ 812.10005 Junk and Salvage Facility.

“Junk and Salvage Facility.”
This terms refers to the primary or accessory use of a parcel of land for open storage, dismantling, and/or selling of old cast-off, unused, scrap, or salvage material of any sort. Such materials shall include, but shall not be limited to, the following.
(a) 
Copper, aluminum, brass, ferrous, or nonferrous metals, whether fabricated or not
(b) 
Rope, rags, paper, glass, rubber, plastic, or other polymer material.
(c) 
Scrap lumber or other construction material
(d) 
Appliances, batteries, or junk, dismantled or wrecked motor vehicles or parts thereof.
(e) 
Trash, debris (organic and inorganic), or other waste material

§ 812.11005 Kennel.

“Kennel.”
Any parcel or premises on which five or more dogs over four months old are kept for boarding, breeding, training, and/or marketing.

§ 812.11010 Kitchen.

“Kitchen.”
Any room, all or any part of which is designed or used for cooking and the preparation of food.

§ 812.12005 Labor Camp.

“Labor Camp.”
Premises used for residential purposes for temporary or seasonal periods by five or more persons employed to perform agricultural or industrial labor.

§ 812.12010 Labor Quarters.

“Labor Quarters.”
Residential occupancy of single or multiple dwelling units with individual, shared, or no kitchen facilities which provide housing for the employees and their families of agricultural, mining, logging, construction, or other remote land uses.

§ 812.12015 Lake.

“Lake.”
A naturally occurring or artificially created body of water (impounded above or below surface level) with a surface coverage of at least one acre and a depth of one foot or more (one acre/foot).

§ 812.12020 Land Clearing.

“Land Clearing.”
Removal of vegetation down to duff or bare soil, by any method.

§ 812.12025 Land Disturbance.

“Land Disturbance.”
Clearing, excavating, grading, or other manipulation of the terrain.

§ 812.12030 Land Project.

“Land Project.”
A subdivision or subdivided lands within California which satisfy all of the following conditions.
(a) 
The subdivision or subdivided lands contain 50 or more parcels or lots, of which any 50 are both:
(1) 
Not improved with residential, industrial, commercial, or institutional buildings; and
(2) 
Offered for sale, lease, or financing for purposes other than industrial, commercial, institutional, or commercial agricultural uses.
(b) 
The subdivision or subdivided lands are located in an area in which fewer than 1,500 registered voters reside within the subdivision or within two miles of the boundaries to the property described in the final public report.
(c) 
Not constituting a community apartment project as defined in Section 11004 or a stock cooperative as defined in Section 11003.2 of the California Business and Professions Code, or a project consisting of condominiums as defined in Section 783 of the California Civil Code.
For purposes of Section 812.12030(a) above, lands owned or beneficially controlled by substantially the same entities or interests shall be deemed to be part of the subdivided lands or subdivision.

§ 812.12035 Land Use.

“Land Use.”
The term land use refers to the manner in which land is developed and used. The general categories of land use include residential, commercial, industrial, institutional, agricultural, recreational, and planned development.

§ 812.12040 Land Use Application.

“Land Use Application.”
A land use application is an applicant-initiated request for City approval of a discretionary permit that is subject to one of the review processes specified by the City Code in Division 3. Ministerial permit actions such as building permits and mobilehome setdown permits are not land use applications.

§ 812.12050 Land Use Decision.

“Land Use Decision.”
Any decision to approve, deny, or modify, or to recommend approval, denial, or modification of a request to develop, divide, or otherwise utilize land or to alter or establish land use regulations.

§ 812.12055 Land Use District.

“Land Use District.”
A land use regulatory district adopted in accordance with the provisions of Division 4 of the Development Code and the General Plan, establishing all necessary rules and regulations necessary to guide development within the area affected by the district.

§ 812.12060 Land Use Intensity.

“Land Use Intensity.”
Land use intensity refers to the density of development versus open space of an area or property. For example, a Multiple-Dwelling land use is a higher land use intensity than a Single-Dwelling land use.

§ 812.12065 Land Use Types.

“Land Use Types.”
A list of land use activities which are grouped together by their common performance characteristics

§ 812.12070 Landslides.

“Landslides.”
The perceptible downward sliding of a mass of earth and/or rock.

§ 812.12080 Leaching.

“Leaching.”
The washing or draining of dissolved minerals or pollutants from the soil surface to the subsurface.

§ 812.12085 Lead Agency, Mining and Reclamation.

“Mining and Reclamation, Lead Agency.”
For the purposes of mining and reclamation, a lead agency is a City or County which has the principal responsibility for approving a surface mining operation, pursuant to the California Public Resources Code.

§ 812.12088 Legal Access.

“Legal Access.”
Legal access is defined as a dedicated right-of-way or a dedication to the City of Yucaipa and to the public in general, an easement for public road, City highway and public utility purposes of a width as established by the Transportation Element of the General Plan. The easement or road constructed thereon shall not become a City highway until and unless the City Council, by appropriate resolution, has caused said road to be accepted into the City-Maintained Road System, or an existing travelled way that is substantially in compliance with City road standards, where a prescriptive right by the user has been established for public use by court decree. These provisions shall apply to divisions of land resulting in lots of less than 20 acres.

§ 812.12090 Liquefaction.

“Liquefaction.”
Liquefaction is a temporary fluid condition in water-saturated, loose, sandy soil caused by shock, such as an earthquake. It can cause serious soil settlement, slumping, or failure of structure foundations.

§ 812.12095 Loading Space.

“Loading Space.”
An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which abuts upon a street, alley, or other appropriate means of access.

§ 812.12100 Local Agency.

“Local Agency.”
The City of Yucaipa.

§ 812.12105 Local Ordinance.

“Local Ordinance.”
A local ordinance which implements State Planning, Zoning, and Development Laws, enacted by the City Council of the City of Yucaipa.

§ 812.12110 Locational Standards.

“Locational Standards.”
Criteria utilized to establish the circumstances under which a particular base district would be appropriate or desirable for a given area or site.

§ 812.12115 Lot.

“Lot.”
An area shown on and created by a final map, official map, or parcel map recorded with the City Surveyor, City Engineer, or County Recorder.

§ 812.12120 Lot Area.

“Lot Area.”
The total horizontal area included within the perimeter of a described area.

§ 812.12125 Lot, Corner.

“Corner Lot.”
A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed 135 degrees.

§ 812.12130 Lot Coverage.

“Lot Coverage.”
Lot coverage refers to the percentage of a lot that has been altered to create a surface area that is either impervious or is covered by a structure. “Building coverage” shall mean the percentage of lot surface area occupied by any building, but does not include roadways, swimming pools, tennis courts, or solar collection devices which are on top of, enclosed, or covered by a building.

§ 812.12135 Lot Depth.

“Lot Depth.”
The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

§ 812.12140 Lot Dimension Ratio.

“Lot Dimension Ratio.”
A land area ratio of width to depth which determines the shape of a lot.

§ 812.12145 Lot, Frontage.

“Frontage Lot.”
The dimension of a lot or portion of a lot which abuts a street or an approved road easement, except the side of a corner lot.

§ 812.12150 Lot, Interior.

“Interior Lot.”
An interior lot is a lot other than a corner lot.

§ 812.12155 Lot, Key.

“Key Lot.”
A key lot is the first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.

§ 812.12160 Lot Width.

“Lot Width.”
The following methods which yield the smallest dimension shall be chosen to measure lot width: the distance measured at the building setback line (BSL) along a line or arc which is parallel to concentric to the right-of-way, or the average horizontal distance between the side lot lines measured at right angles to the lot depth.

§ 812.12165 Lot Line Adjustment.

“Lot Line Adjustment.”
The adjustment of a lot line between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where no additional parcels are thereby created or the number of parcels reduced.

§ 812.12170 Lot Line, Front.

“Front Lot Line.”
In the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions or the recorded map specify another line as the front lot line.

§ 812.12175 Lot Line, Rear.

“Rear Lot Line.”
A line which is opposite and most distant from the front lot line, and in the case of a triangular or other irregularly shaped lot, a line within the lot 10 feet in length, parallel to, and at the maximum distance from the front lot line.

§ 812.12180 Lot Line, Side.

“Side Lot Line.”
Any lot line other than the front or rear lot lines.

§ 812.12185 Lot Merger.

“Lot Merger.”
A lot merger is a process by which contiguous lots are merged into one land holding. In order to be merged, such lots must be held by the same owner, and the lots must have a common lot line. This process is subject to all of the requirements of the City Code and may be initiated by either the owner(s) of the lots or the City.

§ 812.12190 Lot, Mobilehome Park.

“Mobilehome Park Lot.”
A portion of a mobilehome park designated or used for the occupancy of one trailer coach or camping party.

§ 812.12195 Lot, Reversed Corner.

“Reversed Corner Lot.”
A reversed corner lot is a corner lot which rears upon the side of another lot, whether or not across an alley.

§ 812.12200 Lot, Through.

“Through Lot.”
A lot having frontage on two parallel, or approximately parallel, streets.

§ 812.13005 Maintained Public Street.

“Maintained Public Street.”
Any roadway maintained by a public agency for public use.

§ 812.13006 Major Wireless Telecommunication Facility.

“Major Wireless Telecommunication Facility.”
A wireless telecommunication facility that is ground-or roof-mounted or mounted in or on any public property including the public right-of-way as described in Section 88.01040 of Division 8.
(Ord. 204 § 2, 2001)

§ 812.13008 Manufactured Home.

“Manufactured Home.”
A factory-built or manufactured home, including mobilehomes, as permitted by California State laws.

§ 812.13009 Marijuana.

“Marijuana.”
All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. “Marijuana” shall be construed to include, but not be limited to, “cannabis” as defined in Business and Professions Code Section 19300.5(f) as may be amended from time to time. “Marijuana” does not include:
1. 
Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or
2. 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
(Ord. 341 § 1, 2016; Ord. 354 § 1, 2017; Ord. 341 § 2, 2016; Ord. 354 § 2, 2017)

§ 812.13009.2 Marijuana Cultivation.

“Marijuana Cultivation.”
Any activity involving the planting, growing, cultivating, harvesting, drying, curing, grading, trimming, or processing of marijuana.

§ 812.13010 May.

“May.”
A permissive or optional provision, regulation, or specification.

§ 812.13012 Mechanical Play Device.

“Mechanical Play Device” or “Electronic Play Device” (referred to generally herein as “devices”).
Any machine, device or apparatus whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key or any other article or device, into any slot, crevice, or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases or other buttons or levers in the conduct of the game. “Mechanical rocking horses” or other simulated animals or vehicles upon which young children are seated or which are ridden are not “mechanical play devices” or “electronic play devices” for the purposes of this section.
(Ord. 142 § 2 (B), 1995)

§ 812.13015 Menagerie.

“Menagerie.”
A private collection of three or more wild, exotic, or dangerous animals which are raised, bred, trained, and/or maintained without any public display or exhibition on the site.

§ 812.13020 Mined Lands.

“Mined Lands.”
Mined lands include the surface, subsurface, and groundwater of an area where surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such land excavations, workings, mining waste, and areas where structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

§ 812.13025 Mineral Resources.

“Mineral Resources.”
A collective term for all mineral deposits of a particular kind, or for mineral deposits in general.

§ 812.13030 Minerals.

“Minerals.”
The term minerals refers to any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances. These include, but are not limited to, coal, peat, and bituminous rock, and exclude geothermal resources, natural gas, and petroleum.

§ 812.13040 Minimum Parcel Size.

“Minimum Parcel Size.”
The smallest unit of land permitted through subdivision within a specific land use district, specified as minimum lot area in each land use district.

§ 812.13045 Mining and Reclamation Plan.

“Mining and Reclamation Plan.”
A plan required by the City for all surface mining operations. The plan requires measures to be taken which provide for reclamation of mined lands to a usable condition that is readily adaptable for alternative land use and creates no danger to public health or safety.

§ 812.13050 Mining Waste.

“Mining Waste.”
Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

§ 812.13055 Minor Subdivision Plot Plan.

“Minor Subdivision Plot Plan.”
A Minor Subdivision Plot Plan is any application plot plan requesting the subdivision of any parcel or parcels of land shown as a unit or contiguous units under one or a common ownership, and which is proposed for subdivision for the purpose of sale, lease, financing, or other conveyance, including gift, either immediate or in the future, into two, three or four lots, parts or parcels and a remainder parcel. For the purposes of this definition, a Minor Subdivision Plot Plan shall also mean a Tentative Parcel Map.

§ 812.13058 Minor Wireless Telecommunication Facility.

“Minor wireless telecommunication facility”
means a wireless telecommunication facility described in Section 88.01035 of Division 8.
(Ord. 204 § 2, 2001)

§ 812.13060 Mitigation Measures.

“Mitigation Measures.”
Necessary steps taken to lessen potential impacts of development or actions on the environment.

§ 812.13065 Mixed Land Use.

“Mixed Land Use.”
The unspecified mixture of compatible land uses within one building or within a section or sections of a community.

§ 812.13070 Mobilehome, Dependent.

“Dependent Mobilehome.”
A mobilehome or travel trailer coach not equipped with a toilet for sewage disposal.

§ 812.13075 Mobilehome, Independent.

“Independent Mobilehome.”
A residential dwelling structure, especially of the traditional mobilehome variety, which contains either a dwelling unit or a rooming unit in vehicular facilities which accommodate or are intended to accommodate residential activities on individual lots.

§ 812.13080 Mobilehome Park.

“Mobilehome Park.”
An area or tract of land designed as a single unit where spaces for two or more mobilehomes used for human habitation are rented or leased on a monthly or longer basis, or owned separately.

§ 812.13090 Mobilehome, Self-Contained.

“Self-Contained Mobilehome.”
A mobilehome or trailer equipped with a toilet, water storage tank for potable water, and a sewage holding tank.

§ 812.13092 Monopole.

“Monopole”
means a structure composed of a single spire, pole or tower used to support antennas or related equipment.
(Ord. 204 § 2, 2001)

§ 812.13095 Motel.

“Motel.”
A building or group of two or more detached, semi-detached, or attached buildings containing guest rooms for compensation on a daily basis, where each guest room contains a food preparation area (kitchenette). Included are lodging establishments designated as cabins, motor courts, and similar designations.
(Ord. 210 § 33, 2001; Ord. 345 § 5, 2016)

§ 812.13100 Motor Vehicle.

“Motor Vehicle.”
A self-propelled device by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

§ 812.13105 Motor Vehicle Dismantling Facility.

“Motor Vehicle Dismantling Facility.”
A motor vehicle dismantling facility is any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the State of California. Activities may include the buying, selling, or dealing in such vehicles, their integral parts, or component materials thereof, and the storage, sale, or dumping of dismantled, partially dismantled, wrecked, or inoperative vehicles.

§ 812.13110 Motor Vehicle Storage/Impound Facility.

“Motor Vehicle Storage/Impound Facility.”
Any lot, lot area, or parcel of land used, designed, or maintained for the specific purpose of storing, impounding, or keeping motor vehicles, but not including dismantling or wrecking activities.

§ 812.13115 Mounted.

“Mounted”
means to be attached or supported.
(Ord. 204 § 2, 2001)

§ 812.13120 Mudslide.

“Mudslide.”
The term mudslide refers to the flow of mud and debris in a downslope direction due to slope failure, caused by poor structural and water retention properties of the soil. Mudslides are generally experienced after heavy precipitation, fast snowpack melt, an earthquake, or any combination thereof.

§ 812.13125 Multi-Use Centers.

“Multi-Use Centers.”
Areas of service, retail, or publicly oriented facilities that are centrally located along collector streets or major arterials and serve the local residents.

§ 812.14005 National Forest Lands.

“National Forest Lands.”
Lands under the jurisdiction of U.S. Forest Service and within the boundaries of the San Bernardino and Angeles National Forests.

§ 812.14010 Native Vegetative Species.

“Native Vegetative Species.”
All plant species indigenous to the State of California and compatible to the climate and elevation of the area to be landscaped.

§ 812.14015 Natural Hazards.

“Natural Hazards.”
Any one or a combination of naturally occurring phenomena such as earthquakes, forest and brush fires, landslides, mudslides, etc. that pose a potential threat to the man-made environment.

§ 812.14020 Noise Contour.

“Noise Contour.”
A noise contour is a mapped line connecting points where the same sound pressure level prevails. Contours form bands of width emanating from a noise source and approximate true ambient noise levels.

§ 812.14025 Non-Access.

“Non-Access.”
Access rights that have been relinquished by appropriate dedication certificate and labeled on a recorded final map and/or parcel map.

§ 812.14030 Non-Vehicular Access.

“Non-Vehicular Access.”
Vehicular access rights to abutting lots or rights-of-way which have been relinquished by appropriate dedication certificate and labeled on a recorded Final Map and/or Parcel Map.

§ 812.14035 Nonconforming or Nonconforming Use.

“Nonconforming.”
Any building, structure, or portion thereof, tree, or use of building or land which does not conform to the regulations of the City Code or applicable Specific Plan and which lawfully existed at the time the regulations, or an amendment thereto, with which it does not conform became effective.

§ 812.14040 Notice.

“Notice.”
A method of conveying information pertaining to a pending land use decision which may affect members of the public.

§ 812.14041 Nudity or a State of Nudity.

“Nudity” or a “State of Nudity”
means the appearance of a human bare buttock, anus, male genitals, female genitals, or the areolae or nipple of the female breast.
(Ord. 151 § 5, 1996)

§ 812.15005 Official Map.

“Official Map.”
An Official Map is a map prepared in accordance with this Title and shall be substituted for a final map when it is certified, filed, and bound, but not before.

§ 812.15010 On-Site Detention.

“On-Site Detention.”
Temporary storage of runoff on the site.

§ 812.15015 On-Site Retention.

“On-Site Retention.”
Permanent holding of runoff on the site through percolation to the ground.

§ 812.15020 Open Space.

“Open Space.”
The term open space refers to land where basic natural values have been retained. Open space can include wilderness areas, a small park in the middle of a City, pastures, forested areas, agricultural groves, vineyards, golf courses, floodwashes, etc. The function of open space may differ, depending upon the location. It may have a protective function, as in the case of open space in floodplain areas, where it serves to protect health and safety. It can have a structural or buffer function to space and separate conflicting land uses. It may serve a recreational function or a scenic function to provide aesthetic views of forests or mountains.

§ 812.15025 Open Space, Common.

“Common Open Space.”
Common open space is open space within a single, unified development which is owned, designed, and set aside for all occupants of the development or by occupants of a designated portion of the development. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users.

§ 812.15030 Open Space, Private.

“Private Open Space.”
Private open space is open space directly adjoining the living areas of dwelling units which is intended for all private enjoyment of the residents of the dwelling unit. Private open space shall in some manner be defined such that its boundaries are evident.

§ 812.15031 Operator.

“Operator”
includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.
(Ord. 151 § 6, 1996)

§ 812.15035 Operator, Mining and Reclamation.

“Mining and Reclamation Operator.”
A mining and reclamation operator is any person who is engaged in surface mining operations himself or who contracts with others to conduct operations on his behalf. This does not include a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

§ 812.15040 Outdoor Advertising.

“Outdoor Advertising.”
A structure, of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes.

§ 812.15045 Overburden.

“Overburden.”
Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

§ 812.15050 Overlay Districts.

“Overlay Districts.”
An overlay district is an area within which a set of standards and requirements are employed to deal with special physical characteristics such as floodplains or geologically hazardous areas. Overlay Districts are described in the City Code and are mapped and imposed in conjunction with and in addition to the underlying land use district.

§ 812.15060 Owner.

“Owner.”
A person or persons shown by the most current legally prepared document that has been recorded by the City Engineer, City Surveyor, or County Recorder’s Office that transfers, grants, or imports total or partial ownership of a parcel.

§ 812.16070 Parcel.

“Parcel.”
A parcel is any real property described or created by map or deed. The term parcel shall also refer to a legally defined lot or contiguous group of lots in single ownership or under single control and considered a unit for purposes of development.

§ 812.16075 Parcel Map.

“Parcel Map.”
A parcel map as defined in California Government Code, Title 7, Division 2, Chapter 2, Article 3.

§ 812.16080 Parcel, Original.

“Original Parcel.”
Any improved or unimproved land shown on the latest City equalized assessment roll as a unit or contiguous units.

§ 812.16085 Parcel, Remainder.

“Remainder Parcel.”
A remainder parcel is that portion of an original lot or parcel which is not a part of the subdivision but, after recordation of the final or parcel map, may be sold, subject to the recordation of a certificate of compliance or a conditional certificate of compliance. The designated remainder shall not be counted as a parcel for the purposes of determining whether a parcel map or final map is required.

§ 812.16090 Parcel, Reserve.

“Reserve Parcel.”
Refers to that strip of land not less than one foot wide for the purpose of regulating access to part width and dead-end streets until such time as the streets may be completed or extended.

§ 812.16095 Park and Ride.

“Park and Ride.”
A voluntary system where participants drive to a central location in order to carpool or gain access to public transportation to another location.

§ 812.16100 Parking Area, Public.

“Public Parking Area.”
An open area, other than a street, used for the temporary parking of automobiles and available for public use, whether free, for compensation, or as an accommodation for clients, customers, or employees.

§ 812.16105 Parking Space, Automobile.

“Automobile Parking Space.”
Space within a public or private parking area or a building for the temporary parking or storage of one automobile.

§ 812.16106 Parolee, Federal.

“Federal Parolee.”
An individual convicted of a federal crime, sentenced to a United States federal prison, and who received conditional and revocable release in the community under the supervision of a Federal parole officer.
(Ord. 247 § 13, 2005)

§ 812.16107 Parolee Home.

“Parolee Home.”
Any residential structure or unit, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses between two (2) to six (6) parolees (either Federal, State Adult, or Youth Authority), unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee and/or any individual or public or private entity on behalf of the parolee.
(Ord. 247 § 14, 2005)

§ 812.16108 Parolee, State Adult.

“State Adult Parolee.”
An individual who is serving a period of supervised community custody, as defined in Penal Code Section 3000, following a term of imprisonment in a state prison, and who is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division.
(Ord. 247 § 15, 2005)

§ 812.16109 Parolee, Youth Authority.

“Youth Authority Parolee.”
An adult or juvenile individual sentenced to a term in the California Youth Authority and who received conditional and revocable release in the community under the supervision of a Youth Authority parole officer.
(Ord. 247 § 16, 2005)

§ 812.16110 Permittee.

“Permittee.”
Any person undertaking development activities upon a site pursuant to a permit granted by the City.

§ 812.16115 Person.

“Person.”
Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate, or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.

§ 812.16117 Personal Communication Service.

“Personal communication service”
means digital low-power, high frequency commercial wireless radio communication technology that has the capacity for multiple communication services and the routing of calls to individuals, regardless of location.
(Ord. 204 § 2, 2001)

§ 812.16120 Phase.

“Phase.”
Any contiguous part or portion of a single unified development project which is developed as a unit in the same time period.

§ 812.16125 Planning Agency.

“Planning Agency.”
The Planning Agency is a reviewing authority with the powers to and charged with the duty of making investigations and reports on land use application and to approve, conditionally approve, or disapprove land use applications. The Planning Agency of the City of Yucaipa may be the City Council, the Planning Commission, the City Planner or designee, and, in some instances, the City Engineer, the Building Official, or other City Department Head designated by the Community Development Director as specified in Division 2 of this Code. The Planning Agency of the City of Yucaipa shall act as and have the powers, privileges, responsibilities, authority, and limitations either imposed or granted by State law and/or this Code for implementation of the provisions of the City Code, when such are granted to one of the following reference terms: Advisory Agency, Reviewing Authority, Approving Agency, Responsible Agency, Responsible Authority, Enforcement Agency, Reviewing Agency, Lead Agency, and decision-making body.

§ 812.16130 Planning Officer.

“Planning Officer.”
The Planning Officer is the City Planner, Director of Planning, Community Development Director, or an authorized designee. For the purposes of the Government Code, the Planning Officer is the City Planner.

§ 812.16135 Planned Development.

“Planned Development.”
A large, integrated development consisting of residential, commercial, or industrial uses or a mixture of such uses and associated ancillary uses and structures that is situated on one or more contiguous parcels or noncontiguous parcels separated solely by a road or other right-of-way or easement, and that is planned and developed as a unified project within a single development operation or series of development operations in accordance with a detailed comprehensive development plan.

§ 812.16140 Plant, Native.

“Native Plant.”
A native plant is any tree, shrub, bulb or plant or part thereof, except its fruit, indigenous to the State of California which is growing wild. These plants do not include commercial nursery stock or planted landscaping, including those trees planted and/or growing outside their normal habitat, except where such plants have been transplanted in accordance with the provisions of Title 8, Division 11.

§ 812.16145 Plant Expert, Native.

“Native Plant Expert.”
A biologist, an arborist certified by the Western Chapter of the International Society of Arborists, or a person certified by the City Planner.

§ 812.16150 Policies.

“Policies.”
Statements, more specific than goals, which are guides for decision-making, imply commitments to goals, and define directions for action toward fulfillment of these goals.

§ 812.16155 Pond or Reservoir.

“Pond or Reservoir.”
A naturally occurring or artificially created body of water (impounded above or below surface level) with a surface coverage of less than one acre and a depth of one foot or more.

§ 812.16157 Pre-existing Towers and Pre-existing Antenna.

“Pre-existing towers and pre-existing antenna”
means any tower or antenna for which a building permit or conditional use permit has been properly issues prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
(Ord. 204 § 2, 2001)

§ 812.16160 Pre-Zone.

“Pre-Zone.”
The process by which a City or County determines the actual future land use districts for specified parcels of land before these parcels are annexed to the City.

§ 812.16165 Premature Development.

“Premature Development.”
The building or construction of new projects in areas usually outside City limit boundaries or in areas where necessary public facilities cannot economically be provided by City or County jurisdictions.

§ 812.16168 Primary Use.

“Primary Use.”
A primary, principal, or main use is the use that occupies the majority of the subject property, for example, a single family dwelling located in a residential tract.

§ 812.16169 Private Viewing Area.

“Private Viewing Area”
means an area or areas in a Sexually-Oriented Business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
(Ord. 151 § 7, 1996)

§ 812.16170 Property Owners’ Association.

“Property Owners’ Association.”
A private organization composed of property owners of a single unified project which may own common property and shall be responsible for the maintenance and management of commonly-owned property.

§ 812.16175 Public Building.

“Public Building.”
A structure used for public assembly purposes in conjunction with an institutional use.

§ 812.16180 Public Facilities.

“Public Facilities.”
Any civic or service-oriented facility available to the general public such as schools, fire protection, water and sewering, rapid or mass transit routes, public golf courses, libraries, public health centers, etc.

§ 812.16185 Public Improvements.

“Public Improvements.”
Includes traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities, and any other service and/or infrastructure improvement that is publicly maintained and operated by a public agency and/or quasi-public agency, excepting utilities and common carriers.

§ 812.16190 Public Way.

“Public Way.”
Includes streets, highway, avenue, boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway, tunnel, bridge, public easement, public right-of-way, and other ways in which a public agency has a proprietary right.

§ 812.17005 Quality Control Engineer.

“Quality Control Engineer.”
A quality control engineer is a registered civil engineer working under a contract with the City who is responsible to the City to assure compliance by the developer with the conditions of approval adopted by the City. This definition does not include the civil engineer responsible for professional inspection as required by the Uniform Building Code.

§ 812.18005 Rare or Endangered Species.

“Rare or Endangered Species.”
As used in the Development Code shall be as defined as in Section 15380 of the California Environmental Quality Act (CEQA) Guidelines.

§ 812.18010 Reclamation, Mining.

“Mining Reclamation.”
The term mining reclamation refers to the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

§ 812.18015 Recreational Use.

“Recreational Use.”
Public use of land for walking, hiking, skiing, riding, driving, picnicking, camping, swimming, boating, fishing, hunting or other outdoor games, or sports for which land or facilities are provided for public participation.

§ 812.18020 Recreational Vehicle.

“Recreational Vehicle.”
A recreational vehicle is a motor home, travel trailer, truck camper, or camping trailer, with or without self-propelled motive power, designed for human habitation for recreational or emergency occupation, and which may be moved upon a public highway without a special permit or chauffeur’s license or both without violating any provision of the California Vehicle Code. A “self-contained recreational vehicle” shall be a recreational vehicle with a kitchen sink, cooking appliance, refrigeration facilities, and a separate bathroom containing a water closet with a flush toilet, lavatory, and bath tub or shower. A self-contained recreational vehicle shall have adequate provisions for the sleeping, bathing, sanitation, food preparation, and eating by the number of people occupying such a self-contained recreational vehicle.

§ 812.18025 Recreational Vehicle Park (R.V.P.).

“Recreational Vehicle Park.”
Any area or tract of land, within an area where the land use district allows recreational uses and where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles for temporary occupancy.

§ 812.18030 Recyclable Material.

“Recyclable Material.”
Recyclable material is reusable material including, but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

§ 812.18035 Recycling Facility.

“Recycling Facility.”
A recycling center is a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” is a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
(a) 
"Collection Facility."
A “collection facility” is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as provided by this Title. Collection facilities may include the following:
(1) 
Reverse vending machine(s).
(2) 
A “small collection facility” which occupies an area of not more than 500 square feet and may include:
(A) 
A mobile unit.
(B) 
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.
(C) 
Kiosk-type units, which may include permanent structures.
(D) 
Unattended containers placed for the donation of recyclable materials.
(3) 
A “large collection facility” which may occupy an area of more than 500 square feet and may include permanent structures.
(b) 
"Processing Facility."
(1) 
A “processing facility” is a building or enclosed space used for the collection and processing of recyclable material. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
(A) 
A “light processing facility” occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
(B) 
A “heavy processing facility” is any processing facility other than a light processing facility.
(c) 
"Reverse Vending Machine(s)."
(1) 
A “reverse vending machine” is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
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 will pay by weight instead of by container.
(d) 
"Mobile Recycling Unit."
A “mobile recycling unit” is an automobile, truck, trailer, or van licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. The term “mobile recycling center” also refers to the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

§ 812.18040 Rehabilitation.

“Rehabilitation.”
Rehabilitation means the restoration of deteriorated structures, neighborhoods, and public facilities. It may involve repair, renovation, conversion, expansion, remodeling, reconstruction, or any combination thereof.

§ 812.18045 Related Land Use.

“Related Land Use.”
A related land use is a land use that is supportive of the predominant land use of an area. For example, a neighborhood commercial center is a supportive use in the residential land use category.

§ 812.18050 Residential Care Facility, Large.

“Large Residential Care Facility.”
Any State-licensed facility, place, site, or building, that provides care, services, or treatment in a community residential setting for seven or more individuals, who are not living together as a single housekeeping unit.
(Ord. 345 § 7, 2016)

§ 812.18053 Residential Care Facility, Small.

“Small Residential Care Facility.”
Any State-licensed facility that provides care, services, or treatment in a community residential setting for six or fewer persons, not including the licensee or facility staff, and which is required by State law to be treated as a single housekeeping unit for zoning purposes.
(Ord. 345 § 8, 2016)

§ 812.18055 Residential Development.

“Residential Development.”
A project containing one or more residential dwelling units, including mobilehomes, or a subdivision of land for the purpose of constructing one or more residential dwelling units.

§ 812.18057 Responsible Person.

“Responsible Person.”
For the purposes of Erosion Control, a responsible person is any person who creates a condition which may lead to accelerated erosion. If a specific person cannot be identified, the owner of the land where such a condition exists shall be considered the responsible person.
(Ord. 345 § 6, 2016)

§ 812.18060 Retail Sale.

“Retail Sale.”
A retail sale is a sale of commodities or goods for personal household or farm consumption directly to the ultimate consumer. Such sales are normally in small quantities and may include the rendering of services incidental to and supportive of the sale of such merchandise.
(Ord. 345 § 6, 2016)

§ 812.18065 Reversion to Acreage.

“Reversion to Acreage.”
The process by which subdivided real property may be reverted to acreage.

§ 812.18070 Reviewing Authority.

“Reviewing Authority.”
Person, body, or agency authorized to render land use decisions or provide technical recommendations to the Planning Agency.

§ 812.18075 Road or Roadway.

“Road or Roadway.”
An open way for vehicular traffic.

§ 812.18080 Road Easement.

“Road Easement.”
Any property which is reserved or in general use for road purposes to provide access for the public to otherwise inaccessible parcels of land, provided that such easements are not included in the definition herein of “street.”

§ 812.18085 Road System.

“Road System.”
The term road system refers to the classification of streets and highways by their diverse functions and design. The following is the commonly used hierarchy of streets and highways for planning purposes.
(a) 
"Local Street."
A roadway allowing access to abutting land, serving local traffic only.
(b) 
"Collector."
A street used by traffic to travel from local streets to secondary or major highways; it usually allows direct access to abutting properties.
(c) 
"Emergency Access Route."
A two-lane street of high standards, designed, constructed, and specifically identified as an emergency access route to serve as a collector or distributor of neighborhood traffic and as an alternative access route in an emergency situation.
(d) 
"Major Arterial."
A road or thoroughfare which serves through traffic movement across urban areas, subject to controlled access from properties fronting on the right-of-way; intersecting streets are subject to appropriate spacing.
(e) 
"Secondary Highway."
A street serving traffic from collector streets and major highways which provides for traffic movement to and from traffic generators and attractors; the street is subject to controlled access from the properties fronting on the right-of-way; intersecting streets are subject to appropriate spacing.
(f) 
"Major Highway."
A street or thoroughfare which serves through traffic movement across urban areas or to major traffic generators and attractors; it is subject to controlled access from properties fronting on the right-of-way; intersecting streets are subject to appropriate spacing.
(g) 
"Mountain Secondary Highway."
A controlled access, moderate speed, two-lane highway, designed and constructed to accommodate high volumes of intercommunity traffic.
(h) 
"Mountain Expressway."
A limited access, high speed, four-lane highway, designed and constructed to accommodate large volumes of intercommunity traffic; it connects intensely developed areas and points of interest.
(i) 
"Freeway."
A multilane highway with full grade separation (i.e., intersections are separated by under or overpasses), median strips, and fencing or landscaping strips along the sides; it basically services inter-City and interstate traffic.

§ 812.18090 Roof-Mounted.

“Roof-Mounted”
means to be mounted above the eave line of a building.
(Ord. 204 § 2, 2001)

§ 812.18095 Rumpus or Recreation Room.

“Rumpus or Recreation Room.”
A single room in a main building or in any accessory building, designed or used exclusively for recreational purposes by the occupants or guests of the occupants of the premises.

§ 812.18100 Runoff.

“Runoff.”
The movement of water over the ground surface.

§ 812.19005 Schools, Elementary and High.

“Elementary and High Schools.”
Elementary schools and high schools are institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. High schools include Junior and Senior High Schools.

§ 812.19010 Screening.

“Screening.”
The use of landscaping, earth, fences, walls, trees, shrubs, or other materials for visual, background, noise, or sun exposure control.

§ 812.19015 Scrap Metal Processing Facility.

“Scrap Metal Processing Facility.”
Any establishment or place of business which is maintained, used, or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries.

§ 812.19020 Section.

(a) 
“Section”.
The term “section” refers to a section of the City Code, unless in reference to some other statute, ordinance, chapter, division, or title which is specified. City Code section numbers are established as follows: the first digit refers to the Title, the second digit refers to the Division, then a decimal point, the next two digits refers to the chapter, the next two digits refer to the article (if any), all subsequent digits are unique and refer to an individual section (e.g., this Section 812.19020 refers to Title 8, Division 12, Chapter 19, and 020 is the unique individual section number). Further subdivisions of a City Code Section are identified by the following hierarchical outline of parenthetically enclosed symbols.
(a)
First Level - Lower case numbers
(1)
Second Level - lower case numbers
(A)
Third Level - uppercase letters or double upper case letters if more than 26 entries [e.g., (AA)]
(I)
Fourth Level - upper case Roman Numerals
(i)
Fifth Level - lower case Roman Numerals
(b) 
“Section” may also refer to the survey term regarding the subdivision of a Township into 36 equal parts, each of which is approximately 640 acres.

§ 812.19025 Security Quarters.

“Security Quarters.”
The term security quarters refers to the temporary residential occupancy of a dwelling unit, commercial coach, or travel trailer utilized to provide temporary quarters to security personnel hired to guard part or all of the property on which the security quarters are located as an accessory use. Security quarters are always temporary uses and not always in a dwelling unit, whereas Caretaker Housing is always in a permanent dwelling unit. Both such uses are subject to appropriate City permits.

§ 812.19030 Sediment.

“Sediment.”
Eroded earth material that is carried by run-off and/or deposited in a stream, drainage course, natural water course, lake, or other area.

§ 812.19031 Semi-Nude.

“Semi-Nude.”
A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.
(Ord. 151 § 9, 1996)

§ 812.19035 Seismic Safety Hazard Areas.

“Seismic Safety Hazard Areas.”
A seismic safety hazard are is an area where a potential hazard exists due to ground rupture from earthquakes. Seismic safety hazard areas encompass active or potentially active faults within the City, including Alquist-Priolo Special Studies Zones. Hazard area boundaries extend approximately 660 feet on each side of known active or potentially active faults.

§ 812.19040 Service Station.

“Service Station.”
Any building, structure, premises, or other place used primarily for the retail sale and dispensing of motor fuels or oils, the retail sale of lubricants, tires, batteries, and other automobile accessories, and the installation and servicing of such lubricants, tires, batteries, and other automobile accessories.

§ 812.19045 Setback, Street.

“Street Setback.”
See “Yard, Front” and “Yard, Side Street.”

§ 812.19050 Setback Line, Street.

“Setback Line, Street.”
A street setback line is a line which defines the depth of the required street setback, front yard, or side yard, or side street where said yard or yards abut a street. Said street setback line shall be parallel or concentric with the street right-of-way line.

§ 812.19055 Sewage Disposal Area.

“Sewage Disposal Area.”
An area utilized for the holding, leaching, and percolation of sewage wastes, including an area that would provide a 100% expansion of such a leaching and percolation field for future use.

§ 812.19060 Sexual Activities, Specified.

“Specified Sexual Activities”
shall include the following:
(a) 
The fondling or other intentional touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts.
(b) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
(c) 
Masturbation, actual or simulated.
(d) 
Human genitals in a state of sexual stimulation, arousal, or tumescence.
(e) 
Excretory functions as part of or in connection with any of the activities set forth in (a) through (d) above.
(Ord. 151 § 9, 1996)

§ 812.19061 Sexually-Oriented Business.

“Sexually-Oriented Business.”
Any business where employees or patrons expose “specified anatomical areas” or engage in or simulate “specified sexual activities,” or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas.”
(Ord. 151 § 9, 1996)

§ 812.19065 Shall.

“Shall.”
A mandatory provision, regulation, or specification.

§ 812.19070 Shopping Center.

“Shopping Center.”
A shopping center is two or more business establishments under a single ownership, unified control, or designated as a unit located on a single parcel or combination of contiguous parcels having a minimum frontage of 150 feet.

§ 812.19075 Shrub.

“Shrub.”
Any woody, perennial plant having multiple stems and bearing foliage from the ground up, commonly maintained at less than eight and more than two feet in height when fully grown, adaptable to trimming, shaping, and pruning without injury to the plant itself.

§ 812.19080 Sign.

“Sign.”
A sign is any words, letters, numerals, emblems, designs, or other marks shown on any flag, card, cloth, paper, metal, painted surface, glass, wood, plaster, stone, or other device of any kind or character by which anything is made known and used to attract attention. Signs are subdivided into four basic categories (i.e., primary, accessory, directional, and temporary) and may take many forms (e.g., freestanding, monument, wall, roof, projecting walkway, display, etc.). Also, signs are located individually or in clusters (e.g., shopping center complex). The following definitions clarify the differences between these categories and types.
(a) 
“Primary Sign.”
A primary sign is a sign which is allowed only in certain specified land use districts as an independent use of the property not dependent upon the location of another structure or use. Such signs often advertise or identify a business, function, establishment, or product at a location other than the property on which such business is located or such product is manufactured or sold. Such signs may advertise political viewpoints, political campaigns, and other noncommercial messages.
(b) 
“Accessory Sign.”
An accessory sign is a sign which is allowed only in conjunction with another use as an accessory use. Such signs often advertise or identify a commodity, service, business, or profession which is sold, produced, conducted, or offered as one of the major functions of the primary use on the same site. Such signs may advertise political viewpoints, political campaigns, and other noncommercial messages. Such signs may also advertise any commercial message.
(c) 
“Directional Signs.”
Signs which provide directional or traffic flow information:
(1) 
“Public Directional Signs.”
A public directional sign is a sign containing directional information about public places owned or operated by Federal, State, or local governments or their agencies. Also included are historic, cultural, scientific, and educational signs, signs relating to publicly owned natural phenomena, publicly owned or operated areas of natural scenic beauty, and areas naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
(d) 
“Temporary Signs.”
Signs which provide temporary information and/or directions; such signs often are subject to the issuance of a Temporary Use Permit and often provide information regarding residential developments, political candidates, or issues and real estate signs.
(e) 
“Free-Standing Signs.”
A free-standing sign is a single or multi-faced sign that is not attached to any building or structure. Said sign may be located no closer than one foot from any interior property line and from the ultimate right-of-way of any street or highway adjoining the lot on which the sign is located; provided, however, that when a free-standing sign is within a front or street side yard setback, the sign shall be constructed in such a manner so as to provide an open space of at least eight feet in height from grade.
(f) 
“Monument Signs.”
A monument sign is a single-or double-faced sign which is designed and constructed as part of and placed on a monument base. Monument signs shall be positioned so that the sign will not interfere with a driver’s line of sight and shall be no closer than one foot away from the ultimate right-of-way line and shall have a height no greater than that allowed for a wall or fence, unless otherwise specified in an applicable land use district.
(g) 
“Wall Signs.”
A wall sign is a single-faced sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 18 inches from the building or structure wall.
(h) 
“Roof Signs.”
A roof sign is a single-faced sign which is affixed to any roof of a building or structure. Roof signs shall not project above any ridge line or top of the parapet, whichever is greater, or project beyond the end of the building wall or edge of the roof.
(i) 
“Projecting Signs.”
A projecting sign is a single or double-faced sign attached to a building which extends in a perpendicular plane from the wall to which it is attached. Projecting signs shall maintain a clearance of eight feet from any underlying walkway or thoroughfare.
(j) 
“Pedestrian Walkway Signs.”
An accessory sign hung from or on a canopy and being oriented to pedestrian traffic.
(k) 
“Display Signs.”
A display sign is an accessory single-faced sign which is affixed to any type of display window or is adjacent to a display window. Display signs shall not exceed 25% of the window area on which the sign is placed.
(l) 
“Complex Signs.”
A complex sign is an accessory sign which is allowed in conjunction with a shopping center, business, or other complex which is under a single ownership or unified control having two or more establishments located on a single parcel or combination of contiguous parcels. A complex shall have a minimum street frontage of 150 feet.
(m) 
“Complex Occupant Signs.”
A complex occupant sign is an accessory sign which is allowed in conjunction with individual occupants within a shopping enter, business, or other complex. The complex occupant sign accessory use type shall also include the use of one five square foot pedestrian walkway sign for each occupant within the complex in addition to other sign configurations and sign area permitted by the land use district.
(n) 
“Individual Signs” or “Accessory Business Signs.”
Accessory signs which are allowed in conjunction with a nonresidential use not located within a complex (e.g., a shopping center).

§ 812.19083 Single Housekeeping Unit.

“Single Housekeeping Unit.”
The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
(Ord. 345 § 9, 2016)

§ 812.19085 Singular-Plural.

“Singular-Plural.”
Words used in the singular number include the plural and words used in the plural number include the singular.

§ 812.19090 Site.

“Site.”
A parcel of land or contiguous parcels where land alterations, including grading, clearing, or construction are performed or proposed.

§ 812.19093 Site Plan, Detailed.

“Detailed Site Plan.”
A drawing, to scale, on one sheet of paper of the entire land parcel showing buildings, improvements, other physical features, and all dimensions.

§ 812.19095 Site Planning.

“Site Planning.”
A process to develop a plan that shows how a parcel of land may be developed, taking into consideration the natural and man-made characteristics of the parcel.

§ 812.19096 Small Lot Subdivision.

“Small lot subdivision.”
A multiple family development project that features individual, fee-simple lots to provide traditional single-family ownership with the density, setting, and community amenities found in the Multiple Residential Land Use District.
(Ord. 465 § 11, 2025)

§ 812.19097 Small Wireless Facility.

“Small Wireless Facility.”
Any small wireless facility as defined by the Federal Communications Commission in 47 C.F.R. § 1.6002(l), as such regulation may be amended or superseded.
(Ord. 388 § 2, 2020)

§ 812.19110 Soil.

“Soil.”
The unconsolidated mineral and organic material on the immediate surface of the earth.

§ 812.19115 Solar Energy System.

“Solar Energy System.”
A solar energy system is any solar collector, solar device, or structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling; for domestic, recreational, therapeutic, or service water hearing; for the generation of electricity; for the production of process heat; and for the production of mechanical work. The term “solar energy system” shall include, but is not limited to, passive thermal systems, semipassive thermal systems, active thermal systems, and photovoltaic systems. This category does not include parabolic mirror and devices of a similar nature.

§ 812.19120 Solid Wastes.

“Solid Wastes.”
Any variety of waste, including household garbage, metal, glass, shattered concrete, bricks from demolished houses, radioactive wastes, and mining talus.

§ 812.19125 Special District.

“Special District.”
A Special District is a governmental entity created in a given area to provide services within that area. Special Districts can provide services such as water, sewers, fire protection, and parks and recreation.

§ 812.19130 Stable, Private.

“Private Stable.”
A detached accessory building for the keeping of horses, burros, or mules owned by the occupants of the premises and not for remuneration, hire, or sale.

§ 812.19135 Stable, Public.

“Public Stable.”
A stable other than a private stable for the keeping of horses, burros, or mules.

§ 812.19140 State Geologist.

“State Geologist.”
Individual holding office as provided in the California Pubic Resources Code, Section 677, Article 3, Chapter 2, Division 1.

§ 812.19143 Stealth Facility.

“Stealth facility”
means any wire telecommunication facility which is designed to blend into the surrounding environment, typically one that is located architecturally within a building or other concealing structure, and shall include any concealed antenna.
(Ord. 204 § 2, 2001)

§ 812.19145 Stock Cooperative.

“Stock Cooperative.”
A stock cooperative is a common interest development in which a corporation is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owner’s interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of Subdivision (f), Section 25100 of the California Corporations Code. In a stock cooperative, both the separate interest, as defined in paragraph (4) of Subdivision (1) of Section 1351 of Title 6 of Part 4 of Division 2 of the California Civil Code, and the correlative interest in the stock cooperative corporation, however designated, are interests in real property.
A “stock cooperative” includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the California Health and Safety Code.

§ 812.19150 Story.

“Story.”
That portion of a building included between the surface of any floor and the surface of the floor immediately above it, or, if there is no floor above it, then the space between such floor and ceiling immediately above it.

§ 812.19155 Story, Half.

“Half Story.”
A story with at least two of its opposite sides meeting a sloping roof, no more than two feet above the floor of such story.

§ 812.19160 Stream.

“Stream.”
Any watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey map most recently published, or as indicated in the development permit when it has been field determined that a watercourse either:
(a) 
Supports fish at any time of the year; or
(b) 
Has a significant water flow after any rainstorm; or
(c) 
Has a well-defined channel

§ 812.19165 Street.

“Street.”
Any public or private thoroughfare with a width of 20 feet or more, which affords a primary means of access to abutting property.

§ 812.19170 Street Line.

“Street Line.”
The boundary line between a street and abutting property.

§ 812.19175 Structural Alterations.

“Structural Alterations.”
Any change in the supporting members of a structure, such as the bearing walls or partitions, columns, beams or girders.

§ 812.19180 Structure.

“Structure.”
Anything constructed, built, or installed by man, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, including, but not limited to, buildings, towers, smokestacks, and overhead lines.

§ 812.19185 Structure, Approved.

“Approved Structure.”
A structure, paved area of impervious substance, or sewage disposal area which has been approved by the Building Official or the City Planner as an improvement of the site, and which complies with all codes, ordinances and regulations of the City of Yucaipa.

§ 812.19190 Structure, Business or Industrial.

“Business or Industrial Structure.”
An occupied, permanent building, attached to a permanent foundation, approved for such use under the Uniform Building Code, where one or more persons are employed on an eight-hour shift, at least five days per week.

§ 812.19195 Structure Height.

“Structure Height.”
Structure height is the altitude, measured in feet, of a structure from a line perpendicular to the base of the structure at ground level to the apex of the structure. This applies to those structures described in 87.0405(c). For all other buildings see “Building Height.”

§ 812.19200 Subdivider.

“Subdivider.”
A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”

§ 812.19205 Subdivision.

“Subdivision.”
The term subdivision shall refer to the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion of land thereof, shown on the latest equalized City assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way. The term subdivision shall also include a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the California Business and Professions Code, or the conversion of five or more existing dwelling units into a stock cooperative, as defined in Section 11003.2 of the California Business and Professions Code. Any conveyance of land to or from a governmental agency, public entity, public utility, common carrier, or subsidiary of a public utility for conveyance to such public utility or rights-of-way shall not be considered a division of land for the purpose of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.

§ 812.19210 Subsidence.

“Subsidence.”
The sinking of the earth’s surface, usually due to mining, groundwater extraction, oil and gas withdrawal, earthquakes or other physical forces.

§ 812.19215 Substandard Lot.

“Substandard Lot.”
A unit of land, the area, width, or other characteristic of which fails to meet the requirements of the land use district in which it is located.

§ 812.19220 Substandard Housing Unit.

“Substandard Housing Unit.”
A dwelling unit which is either dilapidated or unsafe, thus endangering the health or safety of the occupant, or does not have adequate plumbing or heating facilities.

§ 812.19221 Substantial or Significant Portion.

“Substantial” or “Significant Portion.”
A percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually-oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 33% or more of its revenues are derived from such sexually-oriented activities or materials, or that 33% or more if its interior floor space or display space is devoted to such sexually-oriented activities or materials, or that 33% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually-oriented materials, all as defined in Subsections (1) and (2) of Section 812.01040(b) of Division 12 of this Code, shall be evidence that a substantial or significant portion of the business is devoted to such uses.
(Ord. 151 § 9, 1996)

§ 812.19223 Supportive Housing.

“Supportive Housing” and “Supportive Housing Development.”
Housing with no limit on length of stay, occupied by a person or persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people, and that is linked to onsite or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(Ord. 296 § 11, 2010)

§ 812.19225 Surface Mining Operations.

“Surface Mining Operations.”
Surface mining operations are all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to the following.
(a) 
In-place distillation, retorting, or leaching
(b) 
Production and disposal of mining waste
(c) 
Prospecting and exploratory activities

§ 812.20003 Temporary Wireless Communication Facility.

“Temporary wireless communication facility”
means a wireless telecommunication facility that is kept portable or mobile and deployed while a permanent facility is under construction.
(Ord. 204 § 2, 2001)

§ 812.20005 Tentative Map.

“Tentative Map.”
A tentative map is a map made for the purpose of showing the design and improvements of the proposed subdivision to include the street pattern, lot layout, easements which are to remain, and existing and proposed subdivision. The Tentative Map need not be based upon an accurate or detailed final survey of the property.

§ 812.20010 Ten-Year Storm.

“Ten-Year Storm.”
A ten-year storm is a storm of an intensity that would be exceeded on the average only once every ten years. The intensity of the storm shall be determined according to San Bernardino County Hydrology Manual. The duration of the storm used in runoff calculation shall be equivalent to the concentration time for the area which drains through the project.

§ 812.20015 Thermal System, Active.

“Active Thermal System.”
A system which utilizes solar devices thermally isolated from the living space to provide for collection, storage, and distribution of solar energy for heating or cooling.

§ 812.20020 Thermal System, Passive.

“Passive Thermal System.”
A system which utilizes the structural elements of the building, and is not augmented by mechanical components, to provide for collection, storage, and distribution of solar energy for heating or cooling.

§ 812.20025 Thermal System, Semipassive.

“Semipassive Thermal System.”
A system which utilizes the structure of a building and is augmented by mechanical components to provide for collection, storage, and distribution of solar energy for heating or cooling.

§ 812.20028 Tower.

“Tower”
means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television towers, alternative towers structures, and the like. The term includes the structure and any support thereof.
(Ord. 204 § 2, 2001)

§ 812.20030 Trailer Camp or Park.

“Trailer Camp or Park.”
Any area or premises where space for house trailers is rented for compensation on a daily basis, or where free occupancy or camping is permitted to house-trailer owners or users, but not including automobile or trailer sales lots on which unoccupied house trailers are parked for inspection and sales.

§ 812.20035 Trailer Coach.

“Trailer Coach.”
A mobilehome, trailer, recreation trailer, travel trailer, camp car, or other vehicle with or without motive power, designed and constructed to travel on the public thoroughfare in accordance with the provisions of the California Motor Vehicle Code and designed or used for human habitation.

§ 812.20040 Trailer, Travel.

“Travel Trailer.”
A vehicle, other than a motor vehicle, which is designed or used for human habitation and for travel or recreational purposes, which does not exceed eight feet in width and 40 feet in length, and which may be moved upon a public highway without a special permit and/or chauffeur’s license without violating any provisions of the California Vehicle Code.

§ 812.20041 Transfer of Ownership or Control of Sexually-Oriented Business.

“Transfer of Ownership or Control of Sexually-Oriented Business”
shall include any of the following:
(a) 
The sale, lease, or sublease of the business; or
(b) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(c) 
The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 151 § 10, 1996)

§ 812.20042 Transient Basis.

“Transient Basis.”
A continuous period of four weeks or less.
(Ord. 210 § 34, 2001)

§ 812.20043 Transitional Housing.

“Transitional Housing” and “Transitional Housing Development.”
Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
(Ord. 296 § 10, 2010)

§ 812.20044 Transportable Treatment Unit.

“Transportable Treatment Unit.”
Hazardous waste or groundwater contamination treatment works which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time.
(Ord. 296 § 10, 2010)

§ 812.20045 Transportation Facilities.

“Transportation Facilities.”
Roads or bridges and the appurtenant improvements necessary for the safe and efficient movement of vehicular traffic including, but not limited to, the following: storm drains, culverts, drainage channels, and other drainage facilities necessary to drain roads; acquisition of right-of-way; signalization and other traffic controls; sidewalks; bikeways when they are within the ultimate right-of-way of a road or bridge.

§ 812.20050 Transportation Facilities Plan, Local Area.

“Transportation Facilities Plan.”
A Transportation Facilities Plan is a transportation plan adopted by the City Council for a particular transportation facilities area. Such a plan shall include a map of the area showing its boundaries, the location of the proposed Transportation Facilities, and an accompanying text which contains a description of all proposed Transportation Facilities which will be needed to serve new development within the boundaries of the Plan and the cost of constructing each proposed transportation facility within the boundaries of the plan. Such costs may include, but are not limited to, engineering studies, acquisition of rights-of-way, and construction of bridges, tunnels, roadways, traffic signals, and any other appurtenant Transportation Facilities. The plan shall also include a schedule of fees, a detailed description of the methods that will be utilized to finance the proposed Transportation Facilities, including any fee calculations needed, and a construction priority listing of the proposed Transportation Facilities.

§ 812.20055 Transportation Right-of-Way.

“Transportation Right-of-Way.”
The acquired right which an agency possesses to pass across and improve the lands of another for access purposes.

§ 812.20060 Tree.

“Tree.”
A tree is any woody perennial plant, normally having a single, elongated main stem or trunk bearing the foliage or crown, a formed crown, and generally with few or no branches on its lower part. For tree removal purposes, the term shall refer to a tree attaining somewhere in its natural or planted range a height of at least six feet and a diameter of not less than two inches, measured at average ground level.

§ 812.20065 Tree, Damaged.

“Damaged Tree.”
Any tree certified by a tree expert, as defined in this Code, which is damaged by insects, smog, fire, disease, or other natural or man-made causes (including, but not limited to, any artificial attachments such as wires or signs).

§ 812.20070 Tree Expert.

“Tree Expert.”
A California Registered Professional Forester, a County Agricultural Commissioner Biologist, an arborist certified by the Western Chapter of the International Society of Arborists, or a person certified by the City Planner for practice in the City of Yucaipa.

§ 812.20075 Tree, Native.

“Native Tree.”
Native trees are trees which grow or live naturally in the City of Yucaipa and surrounding area, including smog-resistant trees introduced as part of a reforestation program. This shall not be construed to mean orchards, commercial nursery stock, or planted landscaping. Trees planted and/or growing outside their normal habitat, except where such trees have been transplanted in accordance with the provisions of Title 8, Division 11, shall not be considered to be native trees.

§ 812.20080 Tree Removal.

“Tree Removal.”
Any intentional act which will cause a tree to die, including, but not limited to, acts which inflict damage upon root systems, bark, or other parts of the tree by fire, application of toxic substances, operation of equipment or machinery, changing the natural grade of land by excavation or filling the drip line area around the trunk, or to cut down, fell, push over, dig up, poison, burn, or severely prune, trim, or top, such that death of the tree results, or such that the tree is severely damaged and/or is destroyed in any manner, by any cause.

§ 812.20085 Tree, Specimen.

“Specimen Tree.”
Any tree with a root ball greater than a 20 gallon container.

§ 812.20090 Truck Terminal.

“Truck Terminal.”
A lot, lot area, or parcel of land used, designed, or maintained for the purpose of storing, parking, refueling, repairing, dispatching, servicing, or keeping motor trucks and associated equipment, together with those facilities necessary to service, dispatch, store, or maintain aforementioned vehicles and their cargos and crews.

§ 812.21005 Unincorporated Communities.

“Unincorporated Communities.”
The term unincorporated community refers to a definable urban area which is not legally a City, but has the physical characteristics of one. An unincorporated community does not have independent jurisdiction for land use planning within its boundaries.

§ 812.21030 Uniform Building Code.

“Uniform Building Code.”
The currently adopted edition of the Uniform Building Code as published by the International Conference of Building Officials which regulates grading on private property.

§ 812.21040 Urban Services.

“Urban Services.”
The provision of water, gas, electricity, schools, recreational facilities, fire and police protection, waste disposal, circulation, and other services which are necessary for high intensity uses.

§ 812.21050 Use.

“Use.”
The terms use refers to the purpose for which the land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. A primary, principal, or main use is the use that occupies the majority of the subject land, a building, business production, or activity as opposed to an accessory use. See Accessory Use.

§ 812.21060 Utility Pole.

“Utility Pole.”
A wood or metal pole that is located within the public right-of-way or a private utility easement that supports overhead utility lines, including, but not limited to, electric, telephone, communication, street lighting, and cable television. Anchor poles that are used to stabilize “utility poles,” and that contain only support cables, are not considered to be “utility poles” for the purposes of undergrounding utility lines.
(Ord. 253 § 3, 2006)

§ 812.22010 Vehicular-Access Rights.

“Vehicular-Access Rights.”
The right of access of owners or occupants of abutting lands to a public road or way, other than as pedestrians.

§ 812.22015 Vehicles, Operative.

“Operative Vehicles.”
A new or used vehicle which is self-propelled or capable of being self-propelled with the installation of minor parts (e.g., batteries, tires, plugs).

§ 812.22020 Vested Right (Mining and Reclamation).

“Vested Right.”
For the purpose of mining and reclamation, a person shall be deemed to have such vested rights, if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit (if such permit or other authorization was required and was in compliance with City regulations), diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

§ 812.22025 Vesting Tentative Map.

“Vesting Tentative Map.”
A “tentative map” for a residential subdivision, as defined in the City Code, that shall have printed conspicuously on its face the words “Vesting Tentative Map”.

§ 812.23005 Watercourse.

“Watercourse.”
Any natural or man-made channel where water is concentrated or collected from a tributary drainage area.

§ 812.23010 Wildland.

“Wildland.”
Timber, range, watershed, and brush lands not under cultivation and in which development is essentially nonexistent; usually rugged open space terrain.

§ 812.23015 Wind Energy System.

“Wind Energy System.”
A system which utilizes wind energy to pump a fluid or gas, or to drive a mechanical work, or to generate electricity.

§ 812.23017 Wireless Telecommunication Facility.

“Wireless telecommunication facility”
means a facility consisting of any commercial antenna, monopole, microwave dish and or other related equipment necessary to the transmission and or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides wireless communication services to the public.
(Ord. 204 § 2, 2001)

§ 812.23020 Wholesale.

“Wholesale.”
The term wholesale refers to the sale of commodities or goods to others for resale and not normally to the ultimate consumer. Such sales can normally employ warehouses, open enclosures, and office space for the assembly, storage, distribution, and display of merchandise for large quantity sales to community or regional retailers, manufacturers, and agricultural, institutional and professional uses. Such sales may include the rendering of services incidental to and supportive of the sale of such merchandise.

§ 812.25005 Yard.

“Yard.”
An open space on a lot or parcel of land, other than a court, unobstructed and unoccupied from the ground upward.

§ 812.25010 Yard, Front.

“Front Yard.”
An area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a street setback line parallel thereto.

§ 812.25015 Yard, Side Street.

“Side Street Yard.”
An area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a street setback line parallel thereto.

§ 812.25020 Yard, Interior Side.

“Interior Side Yard.”
An area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

§ 812.25025 Yard, Rear.

“Rear Yard.”
An area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.

§ 812.26005 Zone District.

“Zone District.”
See Land Use District

§ 812.26015 Zoo.

“Zoo.”
A zoological garden or other collection of wild, exotic, or dangerous animals which are raised, bred, trained, and/or maintained for regular public display and exhibition on the site.