(Ord. 252, 11-18-2014)

ABANDONED ACTIVITY: A business or activity with no reported sales or activity for a period of at least one hundred eighty (180) days. Exceptions are temporary closures for repairs, alterations or similar situations.

ABANDONMENT: A discontinuance of any use with intent to permanently discontinue such use.

ABATEMENT: The method of reducing the degree and intensity of violations of this code and related public nuisances.

ABUT OR ADJACENT: Having a common border, boundary, or lot line.

ACCESS: A way or means of physical entry to a property or group of properties, commercial center, or other group of properties.

ACCESS RIGHTS: The right, claim, title or privilege of access by pedestrians or vehicles, or a public road or way.

ACCESSIBILITY FOR THE DISABLED: Accessible services, structure 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 impairment, so that they may enjoy the full and free use of those services, structure or facilities.

ACCESSORY USE: A use of land, building, or portion thereof that is incidental and subordinate to the primary use of the land or building.

ACRE: A measure of land containing forty three thousand five hundred sixty (43,560) square feet.

ACRE, GROSS: The entire acreage of a property, parcel or site, calculated to the centerline of boundary streets.

ACRE, NET: The portion of a property or site not reserved or encumbered for public use.

ACTION: A decision on a permit application or other land use matter, made by the approval authority, including, but not limited to, where applicable, appropriate findings, environmental determination, and conditions of approval.

ADAPTIVE REUSE: The conversion of obsolete, old or historic buildings from their original or most recent use to a new use. For example, the conversion of a former hospital or school building to residential use, or the conversion of a historic single-family home to office use.

ADDITION: A structure added to the original structure after the completion of the original structure or an extension or increase in floor area or height of a building or structure.

ADMINISTRATIVE OFFICE: An establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal and sales activities.

ADULT ORIENTED BUSINESS: See chapter 9.52 of this title.

ADVERSE IMPACT: A negative consequence for the physical, social or economic environment resulting from an action or project.

ADVERTISEMENT: The publication of a public hearing notice in a paper of general circulation, and through other media sources, indicating the time, place and nature of a public hearing and location where the application and pertinent documents may be inspected.

ADVERTISING STRUCTURE: Any structure of any kind or character erected or maintained for advertising purposes, upon which an advertising sign may be placed.

AFFORDABLE HOUSING: Housing that can be purchased or rented by a household with very low, low, or moderate income and based on a household's ability to make monthly payments necessary to obtain housing. Housing is considered affordable when a household pays less than thirty percent (30%) of its gross monthly income for housing including utilities.

AGENT OF OWNER: A person authorized to act for the property owner.

AGRICULTURE: The use of land for agricultural purposes, including the growing of vegetables, fruit, fiber, horticulture, pasturage, the keeping of apiaries and the necessary accessory uses for storing produce provided that the operations of any such accessory use shall be secondary to that of normal agricultural activities. Agriculture does not include animal husbandry or stockyards.

AIR POLLUTION: Concentrations of substances found in the atmosphere that exceed naturally occurring quantities and are undesirable or harmful in some way.

AIRPORT OR HELIPORT: Runways and related facilities for the takeoff and landing of aircraft, including rotary winged and ultralight aircraft. Airports also include facilities for repair, maintenance and storage of aircraft.

AIRPORT RELATED USES: Those uses which sell products or services directly to aircraft owners, pilots or support airport operations, or are dependent on direct access to the airport runway system, or include limited industrial uses restricted to aviation related products and services.

AISLE: The traveled way by which cars enter and depart parking spaces.

ALLEY: Any public way or thoroughfare less than sixteen feet (16') but not less than ten feet (10') in width which has been dedicated or deeded to the public for public use. A public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street and affording only secondary means of access to abutting property.

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.

ALQUIST-PRIOLO GEOLOGIC HAZARD ZONES ACT: The purpose of this act is to provide for public safety in hazardous fault zones. The act requires the delineation of potential damage 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.

ALTERATION: Any construction, addition, or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.

AMBULANCE SERVICE: Any business substantially devoted to providing emergency medical care and transportation, including incidental storage and vehicle maintenance.

AMENITY: Aesthetic or other characteristics of a development that increase its desirability to the community or its marketability to the public. Amenities differ from development to development but may include recreational facilities such as swimming pools or tennis courts, security systems, views, tree preservation, gardens, or enhanced open space.

AMORTIZATION: A term used in zoning to mean the process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the ordinance at the end of a specified period or time. The term itself is a variation of the real estate term by which borrowers are required to pay back a debt in regular payments over a fixed period of time, e.g., installment payments on the principal of a mortgage.

AMUSEMENT ARCADE: A building or part of a building in which five (5) or more amusement devices occupying more than ten percent (10%) of the public floor area are displayed and available for use by the public.

AMUSEMENT DEVICE: A player operated electronic or electrical coin operated game available for use in return for compensation. Examples of amusement devices include pinball machines and video games.

AMUSEMENT PARK: A permanent outdoor facility with rides for entertainment, as a merry-go-round, roller coaster, etc.

ANCILLARY USE: A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

ANIMAL HUSBANDRY: Raising of animals or production of animal products, such as eggs or dairy products, on a commercial basis. Typical uses include grazing, ranching, dairy farming, and poultry farming.

ANIMAL KEEPING: The keeping of domestic animals cared for and owned by the occupants of the residential property in accordance with the provisions of title 10 of this code.

ANIMAL SALES AND SERVICE: A. Animal Boarding: Provision of shelter and care for domestic animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

   B.   Animal Grooming: Provision of bathing and trimming services for domestic animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty eight (48) hours per animal.

   C.   Animal Hospitals: Establishments where domestic animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed and soundproofed. Grooming and temporary (30 days) boarding of animals is included if incidental to the hospital use.

   D.   Animal Retail Sales: Retail sales and boarding of domestic animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

ANIMALS, DOMESTIC: Animals of the type generally accepted as pets, including dogs, cats, rabbits, fish, birds, and the like, but not including hoofed animals, chickens, ducks, geese, peafowl, or the like. Domestic animals shall not include any animals, birds, or fish maintained for commercial purposes.

ANNEXATION: The incorporation of a land area into an existing city or district resulting in a change in the boundaries of the city or district.

ANTENNA: See definition of Wireless Communication.

ANTENNA HEIGHT: The overall vertical distance from the base or pad to the highest point of the antenna mounted on its support structure.

ANTENNA SUPPORT STRUCTURE: A freestanding, guyed or building mounted structure, mast, pole, tripod, or tower (including appurtenances) utilized for the purpose of supporting an antenna, antennas or dish intended for airway communication purposes.

ANTIQUE SHOP: Any premises used for sale or trading of antiques of which eighty percent (80%) or more are over fifty (50) years old or have collective value. Antique shops does not include "secondhand store".

APARTMENT: A. One or more rooms of a building used as a place to live, in a building containing at least one other unit used for the same purpose.

   B.   A separate suite, not owner occupied, which includes kitchen facilities and is designed for and rented as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit.

APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

APIARY: A facility for the keeping of bees.

APPEAL: A request for review of a decision or determination of any provision of the development code.

APPEAL AUTHORITY: The agency, board, group or legally designated individual empowered to review and approve an appeal of an action taken by an approval authority.

APPLICANT: Owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this development code, or the agent(s) of such persons.

APPROVAL AUTHORITY: The staff member, board, group, agency or other legally designated individual empowered to review and approve permit applications.

APPROVED PLAN: A final plan that has been approved by the appropriate jurisdictional authority.

ARCADE: Any business, use, or structure containing six (6) or more coin operated or token operated amusement machines, or viewing machines. Any use or business with six (6) or more amusement machines shall be considered an amusement center or arcade in addition to any other principal or conditional use of the land. Amusement center or arcade does not include adult motion picture theaters or adult entertainment facilities.

AREA OF SHALLOW FLOODING: A designated AO zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

ARTERIAL STREET: Any street so designated in the Yucca Valley general plan, existing or proposed.

ARTIST STUDIO: Workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

ATTACHED: Any structure that has an interior wall or roof in common with another structure.

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

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

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

AUTOMOBILE SERVICE STATION: A business which provides for the servicing and/or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and minor motor vehicle repairs, excluding body and fender work, engine overhauling and replacement, transmission work and other similar activities.

AUTOMOBILE STORAGE: Lots for the storage and parking of tow away vehicles, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles.

AUTOMOBILE WASHING: Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles including the use of mechanical automobile washers.

AUTOMOBILE WRECKING (DISMANTLING): The wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of, or dumping of dismantled or wrecked motor vehicles or their parts.

AWNING: A rooflike cover that is attached to and extends from the wall of a building to provide shielding of windows and entrances from inclement weather or sun. (Ord. 252, 11-18-2014)

BAKERY: A. Retail Bakery: A retail sales facility which offers bakery products for direct sale to the public and which, as an accessory use, may include the preparation of products normally sold in bakeries, for sale off the premises.

   B.   Wholesale Bakery: A bakery or other food store which devotes over ninety percent (90%) of its gross floor area to the preparation of bakery products for sale at other locations. Wholesale bakeries may offer bakery products for direct sale to the public.

BALCONY: A platform that projects from the wall of a building, typically above the first level, and surrounded by a rail, balustrade, or parapet.

BAR: Premises used primarily for the dispensing of alcoholic beverages by the drink for on site consumption.

BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the 100-year flood).

BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

BAZAAR: A benefit sale for a church or nonprofit organization.

BED AND BREAKFAST: A transient lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law.

BEDROOM: A private room for sleeping, separated from other rooms and accessible to a bathroom without crossing another bedroom.

BERM, LANDSCAPE OR EARTHEN: A mound or embankment of earth or a mound which has been improved with landscaping.

 

BLOCK: A parcel of land surrounded by public streets, highways, freeways, railroad right of way, flood control channels, creeks, washes, rivers or unsubdivided acreage or any combination thereof.

BLOCK FACE: One complete side of a block, usually facing a public street.

BOARDING HOUSE: A dwelling with not more than five (5) guestrooms, with not more than one person per room, where lodging and meals are provided for compensation on a weekly or greater basis, not including those facilities defined as "social care facility".

BORROW PIT: Any place or premises where dirt, soil, sand, gravel or other material is removed below the grade of surrounding land for any purpose other than that necessary and incidental to site grading or building construction.

BUFFER AREA: A strip of land established to protect one type of land use from another land use that is incompatible. A buffer includes plantings, berms, or other screens which block vision, noise, or other negative impacts of more intense uses on less intense uses.

BUILDING: Any structure having a roof supported by columns or walls and used or intended for the shelter, housing or enclosure of any individual, animal, process, equipment or materials of any kind.

BUILDING, ACCESSORY: 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.

BUILDING AREA/BUILDING ENVELOPE: The net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.

BUILDING COVERAGE: The percent of lot area which may be covered by all the footprints of buildings or structures on a lot.

BUILDING HEIGHT: The vertical distance above a reference datum to the highest point of the coping of a flat roof, or to the deck line of a 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 elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade; or

   B.   An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection A of this definition is more than ten feet (10') above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

BUILDING MATERIALS AND SERVICES: Retailing or wholesaling of building supplies and/or equipment and excluding the general manufacturing of such supplies or equipment. This classification includes lumberyards, tool and equipment sales establishments, and building contractor's yards, but excludes establishments devoted exclusively to retail sales of paint and hardware.

BUILDING PERMIT: Written permission issued by the town for the construction, repair, alteration, or addition to a structure or building.

BUILDING, PRINCIPAL: A building in which the principal use is conducted.

BUILDING SITE: The ground area of a building together with all open spaces required by this development code.

BUS STOP SHELTER: A small, roofed structure, usually having three (3) walls, located near a street and designed primarily for the protection and convenience of bus passengers.

BUSINESS CENTER: A development in which businesses and structures are designed as an architecturally integrated and interrelated development. Such design is independent of the number of structures, lots, or parcels making up the center. (Ord. 252, 11-18-2014)

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, a negative declaration or environmental impact report must be prepared and certified before an action is taken on the project.

CAMP, CAMPGROUNDS: A site used or intended for use for temporary occupancy by campers traveling by automobiles or otherwise which may include individual campsites including a typical 12 person or smaller tent, fire ring or fire pit, picnic table, camping chairs, barbeque equipment and other common family camping gear, but where utility hookups for recreational vehicles are not provided. See also definition of Recreational Vehicle Park. Camps or campgrounds do not include glamping, tee pees, hotels, motels, glamping, or other similar overnight stay facilities.

CANOPY: A permanent rooflike structure constructed of durable material extending from part or all of a building face.

CAPITAL IMPROVEMENT: When pertaining to government, the acquisition of real property or equipment, or the construction of major projects.

CAPITAL IMPROVEMENT PROGRAM: A timetable or schedule for all future capital improvements to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means and sources of financing each project.

CARE USES:

   A.   Child Daycare: See subsection C, "Daycare, Child", of this definition.

   B.   Daycare, Adult: A state licensed facility that provides nonmedical care and supervision for adult clients for periods of less than twenty four (24) hours for any client.

   C.   Daycare, Child:

      1. Childcare Home, Small Family (8 Or Fewer Children): Daycare facilities located in single- family dwellings where an occupant of the dwelling provides care and supervision for eight (8) or fewer children. Children under the age of ten (10) years who reside in the dwelling count as children served by the daycare facility. Such use must comply with all applicable state regulations, and specifically those set forth in the California Health And Safety Code commencing with section 1596.70, to be considered a small family childcare home.

      2. Childcare Home, Large Family (9 To 14 Children): Daycare facilities located in single- family dwellings where an occupant of the dwelling provides care and supervision for nine (9) to fourteen (14) children. Children under the age of ten (10) years who reside in the dwelling count as children served by the daycare facility. Such use must comply with all applicable state regulations, and specifically those set forth in the California Health And Safety Code commencing with section 1596.70, to be considered a large family childcare home.

   D.   Child Daycare, General: See subsection E, "Daycare, General", of this definition for facilities serving fifteen (15) or more children.

   E.   Daycare, General: Establishments that provide nonmedical care for fifteen (15) or more persons on a less than a twenty four (24) hour basis, including nursery schools, preschools, and daycare centers for children or adults. Such use must comply with all applicable state regulations, and specifically those set forth in the California Health And Safety Code commencing with section 1596.70, to be considered a general daycare facility. General daycare establishments may be accessory to an industrial, commercial or institutional use, as may be allowed by article 2 of this title.

CARETAKER HOUSING: Separate living quarters, usually including kitchen facilities, for employees living on site, and accessory to the primary use.

CARNIVAL: See definition of Circuses And Carnivals.

CARPORT: A permanent roofed structure with not more than two (2) completely enclosed sides used or intended to be used for vehicle storage for the occupants of the premises.

CATERING SERVICES: Preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption.

CEMETERY: A spatially defined area where the remains of deceased people or animals are buried or are otherwise interred. The term "cemetery" implies that the land is specifically designated as a burial ground.

   A.   Public Cemetery: A public cemetery is one used by the general community, a neighborhood, or a church.

   B.   Private Cemetery: A private cemetery is one used only by a family or a small portion of the community.

CENTERLINE, STREET: The right of way centerline as established by the county surveyor, the city engineer of the California department of transportation (Caltrans). If no such centerline has been established or in the event the foregoing definition is not applicable, the approval authority shall designate the centerline.

CERTIFICATE OF OCCUPANCY: A permit issued by the planning and building and safety divisions prior to occupancy of a structure to assure that the structure is ready for occupancy with all defects corrected and all construction debris removed and the site graded to final grade. Additionally, all on site amenities (i.e., paving, landscaping, etc.) shall be in place prior to the issuance of the permit.

CERTIFIED FARMERS' MARKET: A location, approved by the agricultural commissioner of San Bernardino County, where agricultural products are sold by producers or certified producers directly to consumers.

CHANGE OF USE: A conversion of use that substantially differs from the previous use of a building or property.

CHARITABLE ORGANIZATION: An organization formed for the purpose of relegating resources to such needy persons.

CHARITY: An effort or act intended to relieve that plight of individuals or groups of people in need of assistance who do not have the ability or resources to attend to those needs.

CHEMICAL MANUFACTURING/PROCESSING: An industrial process whereby substances are produced from or converted into other substances. In the process, the composition and properties of the starting material are altered.

CHURCH (PLACE OF RELIGIOUS WORSHIP/ASSEMBLY): An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. A place where religious worship is held. This definition includes functionally related internal facilities (i.e., kitchens, multipurpose rooms, storage, etc.) and residences for clergy. Associated uses (i.e., daycare centers, full time or part time schools, or emergency housing) may be allowed but require separate discretionary approvals pursuant to the requirements of this development code.

CIRCUSES AND CARNIVALS: A temporary attraction including, but not limited to, games, eating and drinking facilities, live entertainment (but excluding adult entertainment facilities), animal exhibits, souvenir sales and rides.

CLEAR SIGHT TRIANGLE: Triangular shaped portion of land established at a street intersection or driveway in which no signs are placed in a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

 

CLINIC: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, psychologists, or social workers, practicing together or individually.

CLUBS AND LODGES (Public Or Private): Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or their guests, excluding "commercial recreation and entertainment". This classification includes union halls, social clubs and youth center.

CLUSTER DEVELOPMENT: Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area.

CLUSTERED SUBDIVISION: A subdivision development in which building lots are sized to conform to the "footprint" of the structures and sited closer together than conventional development, usually in groups or clusters, provided that the total density does not exceed that which is permitted under conventional zoning and subdivision regulations. The additional land that remains undeveloped is preserved as open space and recreation land. Private development easements around the structures are permitted for inclusion of private landscaping, pools, spas, yards, etc.

COLLOCATED: The locating of wireless telecommunications equipment from more than one provider on a single wireless tower.

COMMERCIAL: A land use classification that permits facilities for the buying and selling of commodities and services.

COMMERCIAL COMPLEX: A group of three (3) or more commercial uses on a single parcel or contiguous parcels which function as a common commercial area including those which utilize common off street parking or access.

COMMERCIAL RECREATION AND ENTERTAINMENT: This classification includes, but is not limited to, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, model courses, shooting galleries, tennis/racquetball courts, amusement centers or arcades and health/fitness clubs. Commercial recreation and entertainment does not include "adult entertainment facilities".

COMMERCIAL VEHICLE: A vehicle customarily used as part of a business for the transportation of goods or people.

COMMISSION: The planning commission of the town of Yucca Valley.

COMMON OPEN SPACE: Land within or serving as a part of a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

COMMUNICATIONS EQUIPMENT BUILDING: A building housing electrical and mechanical equipment and the administrative staff necessary for the conduct of a public communications business and open only to personnel necessary for the operation and maintenance of such equipment and administrative functions.

COMMUNITY APARTMENT: A development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located on the land.

COMMUNITY CARE FACILITY: Consistent with Health And Safety Code (section 1267.8), the intermediate care facility shall include provisions for developmentally disabled habilitative nursing or congregated living.

COMMUNITY CENTER: A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. A building or structure owned and operated by a governmental agency used to provide a governmental service to the public.

COMMUNITY NOISE EQUIVALENT LEVEL (CNEL): A twenty four (24) hour energy equivalent level derived from a variety of single noise events, with weighing factors of five (5) and ten (10) dBA applied to the evening (7:00 P.M. to 10:00 P.M.) and nighttime (10:00 P.M. to 7:00 A.M.) periods, respectively, to allow for the greater sensitivity to noise during those hours.

COMPLETE APPLICATION: An application form completed as specified by the rules of the governmental agency and all required accompanying documents.

COMPOSITE DEVELOPMENT PLAN: A map or plan on file with the building and safety division that 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.

CONCERTS, OPEN AIR THEATERS: See definition of Sports Or Entertainment Assembly.

CONDITIONAL USE: A use permitted in a particular zoning district upon showing that such use will comply with all the conditions and standards as specified in the zoning ordinance and authorized by the approval authority.

CONDITIONAL USE PERMIT: Uses which may be permitted, subject to approval of a conditional use permit. Generally, conditional uses are those uses which have the potential objectionable operating characteristics or appearance which may be out of character in a particular zoning district, either of which may make those uses suitable or unsuitable for a particular site or location.

CONDOMINIUM PROJECT: 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, water, or earth, or any combination thereof, and need not be physically attached to land except by easement for access, and if necessary, support.

CONGREGATE CARE FACILITY: See definition of Residential Care Facilities (Congregate Care).

CONSERVATION: The planned management, protection and use of natural resources in order to prevent the wasteful exploitation, destruction or neglect of these resources.

CONSISTENT: Free from variation or contradiction.

CONSTRUCTION COMMENCEMENT: The start of construction of substantial site and structural improvements after a building permit has been issued, subject to determination by the building official.

CONSTRUCTION OFFICE: A temporary structure or a portion on an existing structure used as the primary management location of construction activities.

CONTIGUOUS PROPERTY: 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, or streets.

CONVALESCENT HOME/SKILLED NURSING FACILITY: A facility licensed by the state department of public health, the state department of social welfare, or the county health department, which provides bed and ambulatory care for patients with postoperative convalescent, chronically ill, or dietary problems, and persons aged or infirmed unable to care for themselves; but not including substance abusers or persons with mental or contagious diseases or afflictions.

CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with same and having a gross floor area of less than five thousand (5,000) square feet.

CONVERSION: Changing the original use or purpose of a building to different use or purpose.

COUNCIL: The town council composed of the mayor and council members of the town of Yucca Valley.

COUNTY: The county of San Bernardino, hereinafter referred to as county.

COURT: An open, unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by the wall of a building.

   A.   Court, Inner: An open area, unobstructed from the ground to the sky, which is bounded on more than three (3) sides by the exterior walls of one or more buildings.

   B.   Court, Outer: An open area, unobstructed from the ground to the sky, which is bounded on not more than three (3) sides by the exterior walls of one or more buildings.

COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs): A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

CUL-DE-SAC: The turnaround at the end of a dead end street.

CULTURAL INSTITUTIONS: Institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.

CURB CUT: The lowering of a curb to permit access by vehicles, wheelchairs, carts, and pedestrians. (Ord. 252, 11-18-2014; amd. Ord. 296, - - )

DAYS: Shall always be consecutive calendar days unless otherwise stated.

DAYS, BUSINESS: Any day a specified office, department or other agency is open to the public or normal business. This term shall normally exclude all Saturdays, Sundays, and any holiday that is recognized and observed by the specified office, department or agency.

DEDICATION: The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by the town.

DENSITY: The number of dwelling units, households or housing structures per unit of land.

DENSITY BONUS: An increase in the number of dwelling units over the otherwise maximum allowable residential density.

DENSITY, NET: The number of dwelling units per acre of developable land exclusive of public and private streets, greenways, drainage, power transmission line easements, or other public and semipublic uses.

DENSITY TRANSFER: The transfer of all or part of the permitted density from one parcel to another parcel.

DESTINATION RETAIL: Retail businesses that generate a special purpose trip and that do not necessarily benefit from a high volume pedestrian location.

DETACHED: Any building or structure that does not have a wall or roof in common with any other building or structure.

DEVELOPABLE LAND: Land that is suitable as a location for structures and that can be developed free of hazards to, disruption of, or significant impact on natural resource areas.

DEVELOPER: The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property.

DEVELOPMENT: The placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity or use of water, or of access thereto; construction; reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. A project, as defined in Government Code section 65931, is included in this definition.

   A.   Any subdivision pursuant to the subdivision map act;

   B.   The division of a parcel of land into two (2) or more parcels;

   C.   The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure;

   D.   Any mining, excavation, landfill or grading;

   E.   Any use or extension of the use of land; or

   F.   Any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use.

DEVELOPMENT AGREEMENT: An agreement entered into between the town of Yucca Valley and a contracting party which relates to a specific real property, subject to the terms of the agreement.

DEVELOPMENT CODE: A unified text incorporating areas of regulation including administration, development review, residential districts, commercial and office districts, industrial districts, other districts, overlay districts, general standards, and other related topics.

DEVELOPMENT PLAN (PLANNED UNIT DEVELOPMENT): A detailed, comprehensive plan of development for a planned development. This development unit 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 existing circulation systems 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.

DEVELOPMENT REVIEW COMMITTEE: A committee consisting of representatives from various agencies whose function is to review and make recommendations on development proposals.

DEVELOPMENT RIGHTS: The right to develop land by a landowner who maintains fee simple ownership over the land or by a party other than the owner who has obtained the rights to develop.

DEVIATIONS: Authorized variances from required distances, setbacks, areas or physical improvements.

DISABILITY: A physical or mental impairment that substantially limits one or more of the major life activities of individuals, there is a record of such an impairment, or the individual is regarded as having such an impairment. It is the intent of this definition to substantially comply with the term "disability" as defined by the Americans with disabilities act of 1990, as may be amended from time to time.

DISCRETIONARY DECISION: An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project.

DISTRICT: A zone or geographic area within the municipality within which certain zoning or development regulations apply.

DORMITORY: A structure intended principally for sleeping accommodations where no individual kitchen facilities are provided, and where such structure is related to an educational or public institution or is maintained and operated by a recognized nonprofit welfare organization.

DRAINAGE: Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

DRAINAGE AREA: A geographical area, formed by topography, which collects and changes surface runoff from precipitation to natural or manmade channels.

DRIVE-THROUGH: Any portion of a building or development intended to allow service direct from the building through a window, kiosk, or automated delivery system to vehicle occupants. Such facilities include, but are not limited to, food service windows, ready tellers, or similar service systems.

DRIVE-THROUGH RESTAURANT: See definition of Restaurant, Drive- Through.

DRIVEWAY: A private roadway for the exclusive use of the occupants of a property and their guests or patrons, and which provides vehicular access to parking spaces, garages, dwellings or other structures on a site.

DUPLEX: A detached building under single ownership that is designed for occupation as the residence of two (2) families living independently of each other.

DWELLING: A structure or portion thereof designed for residential occupancy, not including hotels or motels.

DWELLING, ATTACHED: A dwelling joined to one or more other dwellings by common vertical walls.

DWELLING, DETACHED: A dwelling that is not attached to any other dwelling by any physical means.

DWELLING, MULTIPLE: A building on a single lot containing two (2) or more dwelling units, offered for rent or lease on a monthly (or longer) basis, each of which is totally separated from the other by a wall extending from ground to roof or a ceiling and floor, extending from exterior wall to exterior wall, except for a common stairwall exterior to both (or multiple) dwelling units.

DWELLING, TOWNHOUSE: A single-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls.

DWELLING UNIT: A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities), but not more than one kitchen, which constitutes an independent housekeeping unit, occupied or intended for occupancy by one family on a long term basis.

DWELLING UNIT, EFFICIENCY: A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities. (Ord. 252, 11-18-2014)

EASEMENT: A grant of one or more property rights by the property owner for use by the public, a corporation or another person or entity.

EASEMENT, CONSERVATION: A tool for acquiring open space with less than full fee purchase, whereby a public agency buys or is granted only certain specific rights from the landowner. These may be positive rights (providing the public with the opportunity to hunt, fish, hike, or ride over the land), or they may be restrictive rights (limiting the uses to which the landowner may devote the land to in the future).

EATING AND DRINKING ESTABLISHMENTS: Businesses serving prepared food or beverages for consumption on or off the premises. Also refer to the definition of Food And Beverage Sales. Related eating and drinking establishment terms are defined as follows:

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

   B.   Bars, Lounges, Nightclubs, Taverns (Includes Independent Or Accessory Establishments): Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from ABC and in which persons under twenty one (21) years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee.

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

   D.   Outdoor Dining: A dining area with seats and/or tables located outdoors of a sit down restaurant, fast food, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two (2) sides by the walls of the structure with or without a solid roof cover.

      1. Limited: Outdoor dining area encompassing up to eight hundred (800) square feet of area, inclusive.

      2. General: Outdoor dining area encompassing more than eight hundred (800) square feet of area.

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

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

EAVES: The projecting overhang at the lower edge of a roof.

EDUCATIONAL INSTITUTION: A college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the state board of education.

ELEVATION: A vertical distance above or below a fixed reference level. A dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.

EMERGENCY SHELTER: A facility that provides immediate and short term housing and supplemental services. Shelters come in many sizes, but an optimum size is considered to be twenty (20) to forty (40) beds. Supplemental services may include food, counseling, and access to other social programs.

EMISSION: A discharge of pollutants in the air or water.

ENCROACHMENT: The placement or construction of a fence, building, structure or other improvement on another's property, on a public right of way or into a required setback.

ENTERTAINMENT, LIVE: A musical, theatrical, dance, cabaret, or comedy act performed by one or more persons. Any form of dancing by patrons or guests at an eating and drinking establishment or bar is live entertainment. Live entertainment does not include the term "adult entertainment facility" or "adult entertainment establishment".

ENVIRONMENT: The physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance.

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.

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.

EQUESTRIAN FACILITY: A commercial facility for horses, donkeys, and/or mules. Examples include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in "animal keeping". Does not include rodeo arenas, which are under "sports or entertainment assembly".

EQUIPMENT SALES, SERVICES AND RENTALS: Sales, services or rentals of equipment including, but not limited to, construction equipment and agricultural equipment.

EROSION: The wearing away of the ground surface as a result of the movement of wind or water or machine.

EROSION, ACCELERATED: 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.

EROSION HAZARD: 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.

EXCAVATION: Removal or recovery by any means of soil, rock, minerals, mineral substances, or organic substances, other than vegetation.

EXOTIC ANIMAL: Any warm or cold blooded animal of the biological family Animalia, generally considered as wild, exotic, dangerous, venomous or not normally domesticated.

EXPANSION: The use of additional land or floor area.

EXTENSION: An increase in the amount of time that a permit or approval may be valid. (Ord. 252, 11-18-2014)

FACADE: The main face or front of the building.

FAIR OR FESTIVAL: Temporary gathering consisting of, but not limited to, carnival, a competitive exhibition of farm, new household and manufactured products, including art and craft items, with various amusements, which may include carnival rides and games, and educational displays.

FAMILY: One or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a “family” need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house, residential boarding house, or residential care or social service facility.

FARMERS' MARKETS: A public market at which farmers and other vendors sell produce directly to consumers. Farmers' markets includes certified farmers' markets (see definition for Certified Farmers' Market). Produce at farmers' markets may include produce purchased from wholesalers and retailers. Farmers' markets shall be composed at a minimum of seventy-five (75%) business activity of fresh produce, artisan cheeses, hand harvested honey, flowers, and other fresh, small batch foodstuffs. The remaining twenty-five (25%) business activity at farmers' markets may be composed of the sale of art, handcrafts, and other handmade goods.

FAST FOOD: See also definition of Eating And Drinking Establishments.

FEASIBLE: Capable of being done, executed or managed successfully from the standpoint of the physical and/or financial abilities of the implementer(s).

FENCE: An exterior physical barrier erected to enclose, screen or separate areas.

FINANCIAL SERVICES: A commercial land use involved with the exchange of money and services related to the financial system.

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

FISCAL IMPACT ANALYSIS: An analysis of the costs and revenues associated with impacts to a public agency of a specific development proposal.

FITNESS CENTER: Facilities equipped and used for training and conditioning.

FLAG: The symbol, insignia or display of a governmental or nonprofit organization when not displayed in connection with a commercial promotion or used as an advertising mechanism.

FLOOD, FLOODING OR FLOODWATER: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters; the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD AREA, SPECIAL (SFHA): An area having special flood risk shown on an FHBM or FIRM as zone A, AO or AE.

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.

FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.

FLOODPLAIN ADMINISTRATOR: The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

FLOODPLAIN MANAGEMENT REGULATIONS: Title 8, chapter 8.04 of this code and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any sources.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY: The channel of a river or other watercourse 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 (1'). Also referred to as regulatory floodway.

FLOODWAY FRINGE: That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

FLOOR AREA, GROSS: The total enclosed area of all floors of a building, measured to the outside face of the structural members and exterior walls, including halls, stairways, mechanical equipment rooms, and habitable basements.

FLOOR AREA, NET: The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation.

FLOOR AREA RATIO (FAR): The gross floor area of a building(s) on a lot divided by the area of the lot. For example, on a site with ten thousand (10,000) gross square feet of land area, a floor area ratio of 1.0 will allow a maximum of ten thousand (10,000) square feet of building floor area to be built. Similarly, a FAR of 1.5 would allow fifteen thousand (15,000) square feet of floor area; a FAR of 2.0 would allow twenty thousand (20,000) square feet; and a FAR of 2.5 would allow twenty five thousand (25,000) square feet; and a FAR of 0.5 would allow only five thousand (5,000) square feet to be built. FARs shall be applied on a parcel by parcel basis as opposed to an average FAR for an entire land use or zoning district.

FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation and consumption. Typical uses include groceries, liquor stores and delicatessens. Establishments at which twenty percent (20%) or more of the floor area is used for the sale of prepared food for on site or takeout consumption shall be classified as eating and drinking establishments. See also definition of Eating And Drinking Establishments.

FOOTPRINT, BUILDING: The outline of a building at all of those points where it meets the ground.

FORTUNE TELLING: A use involving the foretelling of the future in exchange for financial or other valuable consideration.

FRONT WALL: The nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishment.

FRONTAGE: The side of a lot abutting a street (the front lot line), except the side of a corner lot (the street side lot line). On corner lots the narrowest frontage shall be considered the front of the lot. The frontage of a nonrectangular lot or a lot located on a cul-de-sac, curved street, or dead end street with a curved turnaround shall be measured as the chord drawn between the terminuses of the side property lines at their intersection with the street right of way.

FUNERAL SERVICES: Establishments primarily engaged in the preparation of the deceased for burial or cremation, the temporary display of the deceased, cremations and rituals connected with the burial or cremation.(Ord. 252, 11-18-2014; amd. Ord. 296, - - ; Ord. 326, 2-4-2025)

GARAGE: An enclosed accessory building, either attached or detached, used for the private parking or temporary storage of motor vehicles and recreational vehicles for the occupants of the premises.

GARAGE, PRIVATE: A garage used exclusively for the parking and storage of vehicles owned by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public and which is owned, leased or cooperatively operated by such residents.

GATED COMMUNITY: A residential development enclosed by a perimeter wall and secured at each entry point with a gate, typically accessible only to the residents of the development and their guests.

GENERAL PLAN: The town of Yucca Valley general plan as adopted by the town council.

GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort or loss of visibility.

GOLF COURSE: Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on site sales of golfing equipment; and golf cart storage and sales facilities.

GOVERNING BODY: The local governing unit empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

GOVERNMENT AGENCY: Any department, commission, independent agency, or instrumentality of the United States, or a state, county, incorporated local municipality, authority, district, or any other agency so recognized as a governmental unit.

GOVERNMENT FACILITY: Offices and support facilities for any seat of any federal, state, county, or town agency, or special district, providing services to the general population.

GRADE: The elevation of the surface of the ground.

GRADE, ADJACENT GROUND ELEVATION: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line.

GRADE, FINISHED: The elevation of the surface of the ground after grading, construction, or landscaping activities.

GRADE, NATURAL: The elevation of the surface of the ground before the ground elevation is altered by any grading, construction, or landscaping activities.

GRADING: Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

GRADING, MASS: A grading technique in which all lots, building pads and streets are graded over the entire site area resulting in the disruption of the majority of the on site natural grade and vegetation, and often resulting in, but not required to result in successive pad/terrace configuration.

GREENHOUSE: A building whose roof and sides are made largely of transparent or translucent material used for the cultivation of plants.

GROUND FLOOR: The first floor of a building other than a cellar or basement.

GROUP HOME: Any residential structure or unit, whether operated by an individual for profit or by a nonprofit entity, which is not licensed by the state of California. For the purposes of this development code, group home is a distinct category from either "transitional housing", "supportive housing", "community care facility" or residential care facility, each of which is defined separately herein.

GUEST HOUSE/QUARTERS: Any structure, whether attached to or detached from the main residence on a residential lot, or a lot used for residential purposes, containing living quarters for the use by temporary guests of the residents of the main residential structure on the same premises.

GYMNASIUM: A recreational facility providing indoor athletic activities and events. (Ord. 252, 11-18-2014)

HABITABLE STRUCTURE: A structure which includes habitable space for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

HALF STORY: A story under a gable, hip or gambrel roof, plates of which are not more than two feet (2') above the floor of such story.

HANDICAPPED PERSON: A person who may be classified as having a physical impairment that manifests itself in one or more of the following ways: nonambulatory, semiambulatory, visually impaired, deaf or hard of hearing, having faulty coordination, and having reduced mobility, flexibility, coordination, or perceptiveness due to age or physical or mental conditions.

HAWKER: A person who engages in hawking.

HAWKING: Offering merchandise for sale on the streets by outcry or by attracting the attention of persons by exposing goods in a public place, or by placards, labels or signals.

HEALTH CENTER: See definition of Fitness Center.

HEALTHCARE FACILITY: A public or private facility principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. This includes establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, or oxygen and other similar types of medical supplies and services.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.

HILLSIDE AREA: Any property containing slope areas of ten percent (10%) or greater.

HOME OCCUPATION: A commercial activity conducted in compliance with chapter 9.50 of this title, carried out by an occupant and conducted as an accessory use within the primary dwelling unit, an accessory structure or approved outdoor activity.

HOMELESS SHELTER: See definition of Emergency Shelter.

HOMEOWNERS' ASSOCIATION: An association of owners in a condominium, planned unit development, or residential subdivision established to provide management of property in which they own an undivided common interest.

HOOKAH BAR/LOUNGE: An establishment where patrons share flavored tobacco (Shisha - a smokable mixture of tobacco, dried fruits, molasses) or a nontobacco based substitute from a communal hookah (a water pipe device for smoking). A hookah is a water pipe of Middle Eastern origin that is used to smoke sweet, often flavored tobacco. The smoke is filtered through water at the base of the hookah's pipe.

HORSE BOARDING: See definition of Animal Sales And Service: Animal Boarding.

HORSE KEEPING: Boarding of horses owned by the occupants of the residential property. See also definition of Animal Keeping.

HORTICULTURE: The study and practice of cultivating plants, such as growing fruit, flowers, ornamental plants, and vegetables.

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

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

   C.   Horticulture, Public: See definition of Plant Nursery.

HOSPITAL: An institutional land use consisting of a facility licensed by the state department of public health for the provision of clinical and temporary or emergency service of a medical, obstetrical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services nature to human patients, including inpatient and outpatient care.

HOTEL: A facility in which guest rooms or suites are offered for compensation to the general public for lodging with or without meals and where no provision is made for cooking in any individual guest room or suite.

HUMAN SCALE: The relationship of a building or portions of a building to a human being. Harmonious relationship of the size of parts to one another and to the human figure, usually around eight (8) to ten feet (10') in size. This distance is about the limit of sensory perception of communication between people including voice inclination and facial expression. This distance is also about the limit of an upstretched arm reach for human beings which is another measure of human scale.

HYDROPHYTE: A plant that grows in and is adapted to an aquatic or very wet environment. (Ord. 252, 11-18-2014)

IMPACT: The effect of any direct humanmade actions or indirect repercussion of humanmade actions on existing physical, social, or economic conditions.

IMPERVIOUS SURFACE: Surface through which water cannot penetrate, such as roof, road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and establishes the need for drainage facilities to carry the increased runoff.

IMPROVEMENT: Any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDUSTRIAL: The manufacture, production and processing of consumer goods. Industrial is often divided into "heavy industrial" uses, such as construction yards, quarrying and factories; and "light industrial" uses such as research and development and less intensive warehousing and manufacturing.

INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on site vehicular circulation, parking, utility needs, building design and orientation, and open space. An industrial park is designed as a coordinated environment for a variety of industrial and related activities. The project is developed or controlled by one proprietary interest. It has an enforceable master plan and/or CC&Rs.

INFILL DEVELOPMENT: Development of vacant land within areas that are already largely developed.

INSTITUTIONAL USE: A. Publicly or privately owned and operated activities that are institutional in nature, such as hospitals, museums, and schools;

   B.   Churches and other religious organizations; and

   C.   Other nonprofit activities of a welfare, educational, or philanthropic nature that cannot be considered a residential, commercial, or industrial activity.

INTENSIFICATION OF USE: A change to the existing use of a property which results in a change or increase in vehicular or pedestrian traffic, an increase in parking requirements or induces additional environmental impacts, including, but not limited to, noise, light, glare, vibration, traffic, water quality, air quality or aesthetics.

INTENSITY OF USE: The number of dwelling units per acre for residential development and floor area ratio (FAR) for nonresidential development, such as commercial, office and industrial.

INTERIM HOUSING: Shared living quarters, generally without separate kitchen and bathroom facilities for each room or unit, intended to meet short term shelter and/or other immediate needs. Interim housing includes, but is not limited to, the following:

   Dormitories

   Emergency shelters

   Fraternities

   Halfway houses

   Homeless shelters

   Labor camps

   Sororities

Interim housing does not include residential care facilities, family daycare homes, family daycare centers, convalescent hospitals, hotels, motels or single room occupancy housing.

INTERMITTENT STREAM: A stream that normally flows for at least thirty (30) days after the last major rain of the season and is dry a large part of the year.

INTERNET CAFE: A bona fide business establishment that sells internet time, which allows customers to surf the web and use computers for personal use. An internet cafe can also have ancillary use of food and refreshments for patrons. Internet cafes are not permitted to allow promotional sweepstakes or any other gambling themed games for cash, magnetic sliding cards (or similar cards), credits, monetary gifts or similar winnings or prizes (excluding California lottery sales by licensed California lottery vendors).

INTERSECTION: The location where two (2) or more roadways cross at the same grade. (Ord. 252, 11-18-2014)

JUNK: Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled or disposed of.

JUNK AND SALVAGE FACILITY: Primary or accessory use of structures and/or land for storage, dismantling and/or selling of castoff, unused, scrap or salvage material of any sort, excluding vehicles (see definition of Automobile Wrecking (Dismantling)). (Ord. 252, 11-18-2014)

KENNELS AND CATTERIES: Facilities for the care of dogs and cats.

   A.   Commercial Kennel Or Cattery: The boarding, breeding, raising or training of five (5) or more dogs or cats of any age not owned by the owner or occupant of the premises, and/or for commercial gain. For the purposes of this subsection A, a commercial kennel or cattery also includes the breeding of five (5) or more dogs or cats of any age owned by the owner or occupant of the premises for commercial gain.

   B.   Private Kennels Or Cattery: The keeping, raising, showing, or training of five (5) to fifteen (15) dogs or cats over six (6) months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the objective. All such animals shall be spayed or neutered, except for those animals registered with the American Kennel Club, the United Kennel Club, the American Cat Fanciers Association, or similar organizations for show animal purposes.

KIOSK BUILDING: An accessory building used for key shops, photo drops and the like, and generally located in a shopping center parking lot.

KITCHEN OR KITCHENETTE: Any room or part of a room which is designated, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen. (Ord. 252, 11-18-2014)

LABORATORIES: Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services.

LAND USE: The occupation or utilization of land area for any human activity or any purpose defined in the general plan.

LAND USE APPLICATION: A request for approval of a discretionary permit that is subject to one of the permit processes specified by this code.

LAND USE DECISION: Any decision to approve, approve with conditions, modify or deny a request to develop, divide or otherwise utilize land or to alter or establish land use regulations.

LAND USE DISTRICT: A designation established by the general plan containing applicable rules and regulations necessary to guide development and use of all land within the district.

LAND USE ZONING DISTRICT: A portion of the town within which certain uses of land and structures are defined, and regulations are specified.

LANDSCAPE PLAN: A component of a development plan on which is shown, including, but not limited to, proposed landscape species, proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices.

LANDSCAPING: Plantings, including trees, shrubs, and ground covers, suitably designed, selected, installed, and maintained so as to enhance a site or roadway permanently.

LAUNDRY: A. Limited: An establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This may include self-service or coin operated facilities.

   B.   Unlimited: An establishment where large quantities of clothes and other fabrics are washed and/or ironed but are collected and delivered primarily by laundry employees. Unlimited laundry does not include the term "limited laundry".

LEGAL, NONCONFORMING: See definitions of Nonconforming Lot (Legal), Nonconforming Structure (Legal) or Nonconforming Use (Legal).

LIVESTOCK OPERATIONS: Intensive commercial hoofed animal keeping operations including dairies, feedlots, hog ranches, etc.

LOADING SPACE: An off street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.

LOT: A parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon.

  

   Lot, Corner: A lot located at the intersection of two (2) or more streets at an angle of not more than one hundred thirty five degrees (135°). If the angle is greater than one hundred thirty five degrees (135°), the lot shall be considered an "interior lot".

   Lot, Flag: A lot having access or an easement to a public or private street by a narrow, private right of way.

   Lot, Interior: A lot abutting only one street.

   Lot, Irregular: A nonrectangular lot or rectangular lot not abutting a public street.

   Lot, Key: A lot with a side line that abuts the rear line of any one or more adjoining lots.

   Lot, Reversed Corner: A corner lot, the rear of which abuts the side of another lot.

   Lot, Substandard: A parcel of land that has less than the required minimum area or dimensions.

   Lot, Through: A lot having frontage on two (2) generally parallel streets, with only one primary access.

LOT AREA: The total horizontal area included within the lot lines of a lot.

LOT AREA, GROSS: The total area within the lot lines of a parcel, including any adjacent street rights of way.

LOT AREA, NET: The total area within the lot lines of a parcel, excluding any street rights of way.

LOT COVERAGE: That portion of the lot that is covered by buildings, sidewalks, driveways or other impervious surface.

LOT DEPTH: The horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; in the case of a triangular or other irregularly shaped lot, the "rear lot line" is defined as a line within the lot having a length not less than ten feet (10'), parallel to and most distant from the front lot line.

LOT FRONTAGE: The portion of the lot contiguous to the street. On corner lots the narrowest frontage shall be considered the front of the lot. On a lot located on a cul-de-sac, curved street, or dead end street with a curved turnaround, the frontage shall be measured as the chord drawn between the termini of the side property lines at their intersection with the street right of way.

LOT LINE: Any boundary of a lot.

LOT LINE ADJUSTMENT: The adjustment of a lot line between two (2) or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where no additional parcels are created or the number of parcels reduced.

LOT LINE, FRONT: On an interior lot, the line separating the parcel from the street right of way. On a corner or through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

LOT LINE, INTERIOR: A lot line not intersecting a street which is not a front, rear or side lot line. For purposes of this code setbacks from interior lot lines shall be the same as for side or street side lot lines, whichever is applicable.

LOT LINE, REAR: A lot line which intersects a side lot line and which is most distant from and most closely parallel to the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line within the lot having a length not less than ten feet (10'), parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required setbacks and other provisions of this development code.

LOT LINE, SIDE: Those two (2) lot lines which intersect the rear line of the front setback and at least one of which extends from the street right of way to the rear property line, the other may extend to an interior lot line.

LOT OF RECORD: A lot that is part of a recorded subdivision or a parcel of land that has been recorded at the county recorder's office containing property tax records.

LOT WIDTH: The horizontal distance between the side lot lines, measured at the required front setback line.

LOUNGE: See definition of eating and drinking establishments.

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. (Ord. 252, 11-18-2014)

MAINTENANCE AND REPAIR SERVICE: A. Major: Facilities providing equipment maintenance and repair services and materials storage areas. This classification includes, but is not limited to, corporation yards and equipment service centers, and excludes maintenance and repair of motor vehicles.

   B.   Minor: Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles.

MANUFACTURED HOME: A factory built structure, transported in one or more sections, that meets the National Manufactured Home Construction and Safety Standards Act, commonly known as the U.S. Department of Housing and Urban Development (HUD) Code. The term manufactured home does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.

MAY: For the purposes of this Development Code, "may" is generally used to indicate a standard or requirement that is permitted or allowed.

MEDIAN: An island in the center of the street, highway, or other surface intended for vehicle circulation that separates opposing traffic flows.

MICROCLIMATE: The climate of a small, distinct area, such as a city street or a building's courtyard; can be favorably altered through functional landscaping, architecture or other design features.

MINI-MALL: A shopping center of from eighty thousand (80,000) to one hundred fifty thousand (150,000) square feet in size located on a site of eight (8) to fifteen (15) acres where tenants are located on both sides of a walkway having direct pedestrian access to all establishments from the walkway. Mini-malls usually function as neighborhood shopping centers or specialty shopping centers. Mini-malls usually do not require an anchor store.

MINI-WAREHOUSING/STORAGE: See definition of warehousing and storage facility: limited.

MINING: The act or process of extracting resources, such as coal, oil, or minerals, from the earth.

MITIGATE: To ameliorate, alleviate, or avoid to the extent reasonably feasible.

MIXED USE: Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A single site may include contiguous properties.

MOBILEHOME: A manufactured dwelling unit designed for use as a single-family dwelling capable of being transported to a site on a trailer or on wheels in one or more sections and not designed to be affixed to a permanent foundation. A mobilehome is not considered a building, as defined by the Uniform Building Code.

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

MODULAR OFFICE: A manufactured unit not designed for use as a single-family dwelling that is capable of being transported to a site on a trailer or on wheels in one or more sections and not designed to be affixed to a permanent foundation.

MOTEL: A. A hotel for motorists.

   B.   A facility in which guest rooms or suites are offered to the general public for lodging with or without meals and for compensation, and where guest parking is provided in proximity to guestrooms. Quite often, provision is made for cooking in individual guest rooms or suites.

   C.   A commercial land use providing short term shelter for twenty eight (28) or fewer days in one or more buildings on the same lot. The buildings contain guestrooms or dwelling units or both, which are usually individually and independently accessible from outside the building. Motel includes motor lodge, tourist court, motor hotel or any other designation intended to identify the premises as providing for rental or overnight accommodation primarily to motorists.

MOTOR VEHICLE: Any motorized vehicle designed to operate on a public street including, but not limited to, automobiles, motorcycles, trucks and recreational vehicles.

MOTOR VEHICLE REPAIR: A. Major: A place providing a full range of repair and maintenance services for motor vehicles, including, cylinder head replacement, valve grinding or replacement, clutch replacement or repair, replace transmission, rear end, rear axles, kingpins, bodywork, engine or transmission removal, fuel tank repair, radiator or heater core repair or replacement, painting; or repair activities that require entry into the engine other than those specifically defined as minor automobile repair.

   B.   Minor: A place performing the following repair and maintenance services for motor vehicles not exceeding one ton carrying capacity, including any of the following:

      1.    Tune Ups: Major and minor tune up involving spark plugs, points, condensers, valve adjustment, carburetor overhaul, adjustment of fuel injection systems, fuel pump and all necessary filters;

      2.    Lubrication: Oil changes and filter replacement, transmission and rear end oil change;

      3.    Cooling System: Remove and replace radiator; replace water pump, heater and other hoses; replace thermostats; recharge air conditioners;

      4.    Drive Train: Replacement of drive shaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers;

      5.    Brakes: Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or disc;

      6.    Wheels: Adjust steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repair;

      7.    Electrical: Charge battery; remove, repair and replace starter, alternator and regulator; rewiring of automobile and lights; repair or replacement of gauges; installation of radios;

      8.    Fuel System: Change and repair of fuel lines; replace fuel gauge sending unit;

      9.    Exhaust System: Tailpipe and muffler replacement.

Any activity combining minor and major motor vehicle repair shall be defined as "major motor vehicle repair".

MUSEUM, LIBRARY, ART GALLERY, OUTDOOR EXHIBIT: Public or quasi- public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. (Ord. 252, 11-18-2014; amd. Ord. 268, 7-18-2017)

NATURE PRESERVE: An area of land maintained in its natural state for the preservation of habitat or other natural resources.

NIGHTCLUB: See definition of eating and drinking establishments.

NOISE: Any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is unwanted sound.

NOISE ATTENUATION: Reduction of the level of a noise source using a substance, device, material, or surface, such as earth berms and/or solid concrete walls.

NONCONFORMING, ILLEGAL: A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Development Code.

NONCONFORMING LOT (LEGAL): A lot, the area, frontage or dimensions of which do not conform to the provisions of this Development Code but which did conform to applicable laws at the time it was subdivided.

NONCONFORMING STRUCTURE (LEGAL): A structure which conformed to applicable laws when constructed but does not conform to the provisions of this development code.

NONCONFORMING USE (LEGAL): A use complying with applicable laws when established but does not conform to the provisions of this development code.

NUISANCE: An interference with the enjoyment and use of the property.

NURSERY: An establishment in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure. (Ord. 252, 11-18-2014)

OCCUPANCY/OCCUPIED: The residing of an individual or individuals in a dwelling unit or the storage or use of equipment, merchandise, for machinery in any building.

OFF HIGHWAY OR OFF ROAD VEHICLE RACE: Any organized sporting event or rally where motorized vehicles are utilized in a contest of speed, or in a competitive trial of speed or skill or recreational event, all or a portion of which is conducted outside dedicated public rights of way maintained by a public agency.

OFF SITE: Located outside the lot lines of the lot in question.

OFF SITE IMPROVEMENTS: Improvements required as a result of the development and including, but not limited to, curb, gutter, sidewalk, road widening and upgrading, stormwater facilities, and traffic improvements.

OFF SITE PARKING: Parking provided for a specific use but located on a site other than the one on which the specific use is located.

OFFICE: A. Administrative, Business, Professional, Corporate: Offices of or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental laboratories incidental to an office use, but excluding banks, savings and loan associations and other similar financial institutions and dental and medical offices.

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

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

OFFICIAL MAP: A map prepared in compliance with this development code and shall be substituted for a final map when it is certified, filed and bound, but not before.

OPEN SPACE (USABLE): Open areas within a multiple-family or planned residential development project which are to be used for scenic, landscaping or recreational purposes by all the residents of the project. This does not include flood control channel right of way, areas devoted to parking, vehicular traffic, service areas, or slopes over ten percent (10%), required setbacks, and any other area which does not significantly lend itself to the overall benefit of a particular development or surrounding environment. Usable common open space shall be devoted primarily to active recreational opportunities, i.e., pool, court games, wading pools, barbecue area or other recreational facilities, for the common use of all residents. Open space areas shall not have any dimension less than twenty five feet (25'), except decks or balconies, which shall not have any dimension less than six feet (6') to qualify as usable open space. Decks shall not be counted as usable open space where they are used solely as a passageway and entrance to a dwelling. Where decks are private in nature or are for the general use of tenants residing on the property and do not serve principally as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this title.

OUTDOOR DINING: See definition of Eating And Drinking Establishments.

OUTDOOR EVENTS: Activities conducted outside for public benefit and participation including, but not limited to, parades, concerts, rallies, sports competitions, etc.

OUTDOOR FACILITIES: Any business enterprise, temporary use, sales or service, storage or activity conducted outside an enclosed building.

OUTDOOR SALES: The display and sale of products and services outside of a building or structure.

OUTDOOR STORAGE: The keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty four (24) hours.

OVERLAY DISTRICT: A set of zoning requirements that are described in the text of the zoning regulations and which are imposed in addition to those requirements of the base district. (Ord. 252, 11-18-2014)

PARAPET: The extension of the main walls of a building above the roofline.

PARCEL: A lot, or contiguous group of lots, in single ownership or under single control, usually considered a unit for purposes of development.

PARK: A tract of land, designated and used by the public for active and/or passive recreation.

PARK AND RECREATION FACILITIES: Noncommercial parks, playgrounds, recreation facilities, and open spaces.

PARKING, COMMERCIAL LOT: A business enterprise engaged in providing the service of parking space of vehicles for short term use, typically less than twenty four (24) hours in duration.

PARKING LOT: A site or a portion of a site, devoted to the temporary off street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicle access to a public street.

PARKING; OFF STREET LOADING FACILITIES: A site or a portion of a site, including loading berths, aisles, access drives, and landscape areas, devoted to the loading or unloading of people or materials.

PARKING, SHARED: Joint use of a parking area for more than one use.

PARKING SPACE: A readily accessible area maintained exclusively for the parking of one motor vehicle. The parking space may be either within a structure or in the open and does not include driveways, ramps, loading or working areas, and conforms to dimensions and standards established in this title.

PARKWAY: The area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes.

PAWNSHOP: An establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

PEDDLER: A person who engages in peddling.

PEDDLING: Selling merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door.

PEDESTRIAN FOOD VENDOR: A person who sells or offers for sale any food or beverage from any portable box, pushcart, stand, bag, or similar container on any public street, including parkways or sidewalks within the town.

PERFORMANCE STANDARDS: Zoning regulations that set standards of operation. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts and visual impact of a use.

PERMIT: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed with such authorization.

PERMITTED USE/STRUCTURE: Any use allowed in a land use district and subject to the provisions applicable to that district.

PERSON: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, state of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee or assignee.

PERSONAL IMPROVEMENT SERVICES: Services or facilities including, but not limited to, photography, fine arts, crafts, driving schools, beauty and hair salon, and diet centers.

PERSONAL SERVICE: A commercial land use providing recurrently needed services of a personal nature. Personal services generally include barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), photo processing, photocopying, and self-service laundries.

PLACES OF ASSEMBLY: Includes public and private institutions, such as religious uses, lodges, clubs, senior citizen centers, youth centers, community centers and YMCA/YWCA facilities.

PLANNED RESIDENTIAL DEVELOPMENT (PRD): A type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within the prescribed densities.

PLANNING DIVISION: An administrative and professional division within the municipal structure charged with the responsibility of providing long range and short term planning services and zoning administration to the community, as established by the town.

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

PLAT: A map representing a tract of land showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan.

PLAYGROUND: See definition of Park And Recreation Facilities.

PLAZA: An open space which is improved and landscaped, usually surrounded by streets and buildings.

PLOT: A single unit parcel of land; a parcel of land that can be identified and referenced to a recorded plat or map.

PORCH: A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.

PORTE-COCHERE: A large entrance gateway into a courtyard. A kind of porch roof projecting over a driveway at an entrance.

PREEXISTING: In existence prior to the effective date of this chapter, as amended.

PREZONING: The process or action by which cities are able to designate that portion of an unincorporated area for future annexation, with specific zoning districts which will apply, upon annexation of the property to the town.

PRINCIPAL BUILDING: A building in which the primary use of the lot on which the building is located is conducted.

PRINCIPAL USE: The primary or predominant use of any lot, building or structure.

PRINTING AND PUBLISHING: A. Limited: The preparation of camera ready artwork and text, photocopying, printing, and binding in a building not exceeding one thousand (1,000) square feet.

   B.   Unlimited: The preparation of camera ready artwork and text, photocopying, printing and binding in a building exceeding one thousand (1,000) square feet.

PRIVATE CLUBS AND LODGES: 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.

PRIVATE HOME RENTAL, SHORT TERM: A dwelling unit, including either a single-family detached or multi-family attached unit, owned, leased or rented on a less than thirty (30) day basis. This definition includes a second dwelling unit on site. This does not include the ongoing month to month tenancy granted to the same renter for the same unit.

PRIVATE RECREATIONAL FACILITIES: Facilities including, but not limited to, country clubs, tennis and swim clubs, golf courses, racquetball and handball facilities, YMCA, YWCA, and limited commercial uses which are commonly associated and directly related to these primary uses.

PROFESSIONAL OFFICES: See definition of Office.

PUBLIC AND SEMIPUBLIC USES: A class of uses generally open to the public and maintained and supported by public or nonprofit agencies or organizations and which are of a recreational, civic, educational, religious or cultural nature.

PUBLIC IMPROVEMENT: Any improvement or facility, together with the right of way necessary to provide transportation, drainage, utilities, or other facilities that are usually owned, operated and/or maintained by a government agency.

PUBLIC PARK: A park, playground, swimming pool, beach, pier, reservoir, golf course or athletic field within the town which is under the control, operation or management of the town, the county or state.

PUBLIC RIGHT OF WAY: A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public use(s).

PUBLIC SAFETY FACILITIES: Facilities for public safety and emergency services, including police and fire protection.

PUBLIC UTILITY SERVICE YARD: A premises used for the office, warehouse, storage yard, or vehicle and equipment maintenance of a public utility. Public utility service yard may include microwave, radio, cable, and/or other communication equipment.

PUSHCART: Any wagon, cart or similar wheeled container, not a vehicle as defined in the Vehicle Code of the state of California from which food or beverage is offered for sale to the public. (Ord. 252, 11-18-2014)

QUARRY: A place where rock, ore, stone and similar materials are excavated and processed for sale or for off site use.

QUEUE LINE: An area for the temporary waiting of motor vehicles while obtaining a service or other activity such as a drive- through restaurant or a car wash. (Ord. 252, 11-18-2014)

RAMP: A sloping walkway, roadway or passage used to join and provide a smooth transition between two (2) levels of different elevations. Driveways leading to parking aisles.

RECLAMATION 1 : The combined process of land treatment that minimizes water degradation, air pollution, and damage to wildlife habitat, flooding, and erosion caused by either surface mining operations or adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition when they are readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined land and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. 2

RECREATION, ACTIVE: A type of recreation or activity that requires the use of organized play areas including, but not limited to, softball, baseball, football and soccer fields, tennis and basketball courts and various forms of children's play equipment.

RECREATION, COMMERCIAL: A commercial land use providing facilities for recreation in exchange for financial or other consideration.

RECREATION, PASSIVE: A type of recreation activity that does not require the use of organized play areas.

RECREATIONAL COURTS: Facilities developed for the purpose of playing court sports, including, but not limited to, tennis, paddle tennis, handball, racquetball, and other similar uses.

RECREATIONAL VEHICLE: A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all- terrain vehicles.

RECREATIONAL VEHICLE PARK: An area where spaces are offered to users of recreational vehicles for occupancy on a temporary basis.

RECYCLABLE MATERIAL: Reusable material, including, but not limited to, metals, glass, plastic, paper and wood, intended for reuse, remanufacture or reconstitution for the purpose of being used in an altered form.

RECYCLING: The process by which waste products, including automobiles, are reduced to raw materials and transformed into new products.

RECYCLING COLLECTION POINT: An incidental use that serves as a neighborhood drop off point for temporary storage of recoverable resources where no processing of such items is allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public area.

RECYCLING FACILITIES: This land use type includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California department of conservation as meeting the requirements of the California beverage container recycling and litter reduction act of 1986. Recyclable material includes reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

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

1. A mobile unit;

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

3. Kiosk type units that may include permanent structures.

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

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

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

RECYCLING PLANT: A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products that are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

REGULATORY FLOODWAY: See definition of Floodway.

RELIGIOUS ASSEMBLY: See definition of Church (Place Of Religious Worship/Assembly).

RELIGIOUS INSTITUTION: See definition of Church (Place Of Religious Worship/Assembly).

RESEARCH AND DEVELOPMENT SERVICES: Establishments primarily engaged in industrial or scientific research, including limited product testing.

RESIDENTIAL: A land use category with the principal purpose of providing shelter for people on a long term basis.

RESIDENTIAL CARE FACILITIES (CONGREGATE CARE): Residential facilities in which group care, supervision and/or assistance are provided for persons who may or may not have a disability. Residential facilities do not include family daycare, foster care or any medical services, including nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living. Examples of residential care facilities include, but are not limited to, facilities for the following:

   A.   Elderly Residential Care Facility: Provides twenty four (24) hour care for adults sixty (60) years of age and older.

   B.   Adult Residential Care Facility: Provides twenty four (24) hour care for adults who are between eighteen (18) and fifty nine (59) years of age.

   C.   Group Home: Provides twenty four (24) hour care for children under eighteen (18) years of age.

RESORT HOTEL: A group of buildings containing guestrooms and providing outdoor recreational activities.

RESTAURANT: See definition of Eating And Drinking Establishments.

RESTAURANT, DRIVE-THROUGH: A use providing preparation and retail sale of food and beverages, as defined under "restaurant" with the added provision of one or more drive-through lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.

RETAIL: The exchange of goods directly to the ultimate consumer in exchange for financial or other consideration.

RETAIL SALES: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

REVERSE VENDING MACHINE: See definition of Recycling Facilities.

REVERSION OF ACREAGE: The process by which subdivided real property may be reverted to acreage.

REVIEW AUTHORITY: The person, committee, commission or council responsible for the review and/or final action on a land use entitlement or discretionary decision.

REZONING: An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, intensity or regulation of uses allowed in a zoning district and/or on a designated parcel or land area or an amendment to procedures regarding implementation of zoning regulations.

RIGHT OF WAY: See definition of Public Right Of Way.

RIPARIAN LANDS: Comprised of the vegetative and wildlife areas adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near fresh water.

ROOM, HABITABLE: A room meeting the requirements of the uniform housing code.

ROUNDING OF QUANTITIES: The consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise may be provided in this development code.

RUNOFF: That portion of rain or snow that does not percolate into the ground and is instead discharged into streams or other bodies of water. (Ord. 252, 11-18-2014)

SALVAGE AND WRECKING OPERATION: A place where used motor vehicles or trailers, or portions thereof, are discarded, bought, sold, exchanged, baled, packed, disassembled, stored, displayed or handled; house wrecking operations; used lumber or other building material yards; places for storage of salvaged building materials and structural steel materials and equipment; but not including the sale of used motor vehicles in operable condition, establishments for the sale, purchase, or storage of used furniture and household fixtures when conducted entirely within an enclosed building.

SATELLITE DISH ANTENNA: An apparatus capable of receiving or transmitting communications from a satellite.

SCALE: The measurement of the relationship of the size and bulk of one object to another object.

SCHOOL, COMMERCIAL: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or art form for commercial purposes.

SCHOOL DISTRICT: A district that serves as a unit for state financing and administration of elementary and secondary schools.

SCHOOL, ELEMENTARY AND HIGH: 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.

SCHOOL, PRIVATE: Any building or group of buildings, the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

SCHOOL, SECONDARY: Any school licensed by the state, authorized to award diplomas for secondary education.

SCHOOL, VOCATIONAL: A technical, trade or self-improvement school providing highly specialized technical courses or a limited range of technical courses not recognized by accredited organizations.

SCREENING: The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, trees and/or other plantings, berms or other features. Screening should include materials of sufficient mass to be opaque or that shall become opaque after twelve (12) months and which shall be maintained in an opaque condition.

SCREENING MATERIALS: When the provisions of this code allow for, or require, the installation of fencing to screen objects located behind said fence from public view, such fencing shall consist of new solid materials or, if chainlink fencing, such chainlink fencing must include redwood or durable plastic/metallic slats installed and maintained in such a manner so the material being stored behind the fencing cannot be seen directly, indirectly, silhouetted or in any other manner, directly or at an oblique angle to the fence.

SECOND DWELLING UNIT: A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit of a single lot.

SECONDHAND STORE: Any premises used or the sale or handling of used goods. Secondhand store includes establishments for the sale or trade of used clothing, furniture and appliances.

SECURITY QUARTERS: 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.

SENIOR (SENIOR CITIZEN): A person who is fifty five (55) years of age or older.

SENIOR CENTER: An assembly building intended to provide nonresidential services for senior citizens.

SENIOR CONGREGATE CARE HOUSING: A structure(s) providing residence for a group of senior citizens with or without common kitchen and dining facilities with separate bedrooms and/or living quarters.

SETBACK: The horizontal distance between the property line and any structure.

SETBACK, BUILDING: The required distance between the building and any lot line.

SETBACK LINE: The line that establishes the area of the property within which structures or other designated uses may be erected or placed.

SHALL: For the purpose of this development code, the word "shall" is used to indicate a requirement or standard that is mandatory.

SHOPPING CENTER: A group of two (2) or more commercial establishments, the perimeter of which is clearly definable, developed on a continuous area of land, planned and developed as a single unit and providing shared on site parking, access, landscaping, and signage.

SHORT TERM PRIVATE HOME RENTAL: See definition of Private Home Rental, Short Term.

SHOULD: For the purpose of this development code, "should" is used to indicate the preferred option.

SIDEWALK: A paved, surfaced or leveled area paralleling and usually separated from the street, used as a pedestrian walkway.

SIDEWALK/PARKING LOT SALE: A promotional sales event conducted by one or more businesses which is held outside the confines of the commercial or manufacturing structure(s) in which such business is normally conducted. Such sale involves outdoor display within a paved or concreted area on the same lot as the structure(s), of merchandise which is normally displayed within the structure(s). Sale events shall be conducted solely on private property and not encroach within public rights of way.

SIGN: A sign that identifies, advertises or otherwise attracts attention to a product or business. Related sign terms are defined as follows:

   Awning, Canopy, Or Marquee Sign: Signs which are placed on or integrated into fabric awnings or other material canopies which are mounted on the exterior of a building which extend from the wall of a building to provide shielding of windows and entrances from inclement weather and the sun.

   Banner, Flag, Pennant Or Balloon: Any cloth, bunting, plastic, paper, vinyl, or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle, including captive balloons and inflatable signs but not including official flags of the United States, the state of California, county of San Bernardino or town of Yucca Valley.

   Bench Sign: Copy painted on any portion of a bus stop bench.

   Billboard: Any off premises outdoor advertising sign structure which advertises products, services, or activities not conducted or performed on the same site upon which the outdoor advertising sign structure is located and governed by the outdoor advertising act.

   Building Face And/Or Frontage: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

   Building Wall: The individual sides of a building.

   Business Entrance Identification: A sign adjacent to, or on the entrance door of a business which names, gives the address and such other appropriate information as store hours and telephone numbers.

   Cabinet: A three-dimensional structure which includes a frame, borders, and sign face panel and may include internal lighting upon which the sign letters and logos are placed or etched, and is architecturally integrated with the building.

   Canopy Sign: Refer to definition of Sign: Shingle Sign (Canopy Sign).

   Changeable Copy Sign: A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

   Channel Letter Sign: Three-dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a building or sign structure.

   Civic Event Sign: A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

   Construction Sign: A temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project.

   Directional Sign: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one way", "entrance", or "exit".

   Directory Sign: A sign for listing the tenants or occupants and their suite numbers of a building or center.

   Double Faced Sign: A single structure designed with the intent of providing copy on both sides.

   Eave Line: The bottom of the roof eave or parapet.

   Entryway Sign: A sign which is placed on the perimeter of a recorded subdivision, townhouse project, commercial district, master planned community, hotel, motel, or guest ranch at a major street or driveway entrance to identify the name of the interior project. Such signs may flank both sides of the entrance and may include monument or landscape wall sign types.

   Fascia Sign: A sign placed on a parapet type wall used as part of the face of a flat roofed building and projecting not more than one foot (1') from the building face and may be incorporated as an architectural element of the building.

   Flashing Sign: A sign that contains an intermittent or sequential flashing light source.

   Freestanding Sign: Any sign which is supported by structures or supports that are placed on, or anchored in the ground which are independent from any building, such as a pole and monument signs.

   Future Tenant Identification Sign: A temporary sign which identifies a future use of a site or building.

   Grand Opening: A promotional activity used by newly established businesses, within two (2) months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales or activity by a business.

   Height Of Sign: The greatest vertical distance measured from the immediate adjacent roadway grade level or existing grade, to the highest element of the sign structure.

   Holiday Decoration Sign: Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with holidays.

   Illegal Sign: Any sign erected without first obtaining a sign permit, or a sign for which the permit has expired or been revoked.

   Illuminated Sign: A sign with an artificial light source for the purpose of lighting the sign.

   Institutional Sign: A sign identifying the premises of a church, school, hospital, rest home, or similar institutional facility.

   Kiosk: An off premises sign used for directing people to the sales office or models of a residential subdivision project.

   Logo: An established identifying symbol or mark associated with a business or business entity.

   Logo Sign: An established trademark or symbol identifying the use of a building.

   Model Home: A single-family residential structure when used as a temporary sales office and model home for the sale of construction services to build single-family residential units on vacant lots.

   Monument Sign: An independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.

    Moving Sign: Animated signs or signs which contain any moving elements as part of the structure but does not include reflective, shimmering devices.

   Nonconforming Sign: A legally established sign which fails to conform to the regulations of this title.

   Off Site Sign: Any sign which advertises or informs in any manner businesses, services, goods, persons, or events at some location other than that upon which the sign is located.

    Open House Sign: A temporary sign posted to indicate a salesperson is available to represent the property subject to sale, lease, or rent.

   Outdoor Advertising Sign Structure (Billboards): A sign, display, or device affixed to the ground or attached to or painted or posted onto any part of a building or similar permanent structure, used for the display of an advertisement to the general public.

   Pole/Pylon Sign: A two (2) sided sign with an overall height as allowed by code and having one or more supports permanently attached directly into or upon the ground with the lower edge of the sign face to be at least seven feet (7') above grade or four feet (4') above grade if the sign is located within a street landscape setback.

   Political Sign: A temporary sign directly associated with national, state, county or local elections.

   Portable Sign: A sign that is not permanently affixed to a structure or the ground, not including A-frame signs.

   Projecting Sign: A sign other than a wall sign suspended from, or supported by, a building or structure and projecting outward.

   Promotional Sign: A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

   Real Estate Sign: An on site sign pertaining to the sale or lease of the premises.

   Roof Sign: A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is wholly or partly supported by such buildings.

   Shingle Sign (Canopy Sign): A sign suspended from a roof overhang of a covered porch or walkway that identifies the tenant of the adjoining space.

   Sign: Any structure, housing, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: to designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or, to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.

   Sign Area: The entire face of a sign, including any framing, projections, or molding, but not including the support structure. Individual channel type letters mounted on a building shall be measured by the area enclosed by straight lines not to exceed ten (10) sides, containing words, letters, figures, or symbols, together with any frame or material forming an integral part of the display but excluding support structures.

   Sign Program: A coordinated program of one or more signs for an individual building or building complexes with multiple tenants.

   Special Event: An event such as sales, grand openings, going out of business, or other promotional events that are not part of typical business, cultural, or civic activity.

   Temporary Sign: A sign intended to be displayed for a limited period of time.

   Tract: A residential subdivision of contiguous lots within a recorded tract where five (5) or more lots are concurrently undergoing construction.

   Trademark: A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business.

   Two-Sided Sign: A freestanding sign where two (2) identical sign faces are placed back to back on the same structure. Any other configuration is considered to be a sign with more than two (2) faces except as allowed by the freestanding sign standards.

   Vehicle Sign: A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.

   Wall Sign: A sign painted on or fastened to a wall and which does not project more than twelve inches (12") from the building or structure.

   Window Sign: Any sign that is applied or attached to a window so that it can be seen from the exterior of the structure.

SINGLE ROOM OCCUPANCY: A multiple-tenant building that houses one or two (2) people in individual rooms (sometimes 2 rooms, or 2 rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half baths.

SITE: A parcel of land or contiguous parcels where land alterations or activities, including grading, clearing or construction are performed or proposed.

SITE PLAN: The development plan for one or more lots on which is shown the existing and proposed condition of the lot, including any information that may be required for an informed decision to be made by the approval authority.

SITE PLAN REVIEW: A review process conducted in accordance with chapter 9.68 of this title.

SLOPE: The land gradient described as the vertical rise divided by the horizontal run, and expressed in terms of percent.

SOCIAL CARE FACILITY: Any facility in the general classification of boarding home for aged persons, boarding home for children, daycare home for children, day nursery, nursing home or parent child boarding home. These facilities consist of a building or group of buildings used or designed for the housing of sick, demented, injured, convalescent, infirm, or well, normal, healthy persons, requiring licensing or certification by regulating government agencies. This definition shall not include use of a part of any single or multiple dwelling, hotel, apartment, or motel not ordinarily intended to be occupied by these persons unless so licensed or certified by the governmental agency concerned with the administration of each specific classification.

SOLAR ACCESS: The provision of direct sunlight to an area specified for solar energy collection when the sun's azimuth is within forty five degrees (45°) of true south.

SOLAR ENERGY SYSTEM: 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 heating; for the generation of electricity; for the production of process heat; and for the production of mechanical work. Solar energy systems include 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.

SOLAR FACILITIES: The air space over a parcel that provides access for a solar energy system to absorb energy from the sun.

SOLAR SYSTEM, ACTIVE: A system that uses a mechanical device, such as pumps or fans run by electricity in addition to solar energy, to transport air or water between a solar collector and the interior of a building for heating or cooling.

SOLAR SYSTEM, PASSIVE: A system that distributes collected heat via direct transfer from a thermal storage medium rather than mechanical power. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling.

SOLICITING: The act of asking or inviting persons to pay money in return for merchandise or services to be delivered in the future or asking for charitable donations.

SOLICITOR: A person who engages in soliciting.

SPECIFIC PLAN: A detailed plan that includes the text and maps or diagrams that specifically follow a portion of the area covered by the general plan:

   A.   Land use;

   B.   Distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other public facilities and services;

   C.   Standards and criteria by which development will proceed; and

   D.   The relationship of the specific plan to the adopted general plan.

SPECULATIVE BUILDING: A permanent structure for which the specific use or uses are not known at the time application is made for building permits.

SPORTS AND RECREATION FACILITY: See definition of Sports Or Entertainment Assembly.

SPORTS OR ENTERTAINMENT ASSEMBLY: A large scale indoor or outdoor facility accommodating spectator oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, racetracks, rodeo arenas, stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video game arcades, etc.

SQUARE: A public open space in a developed area.

STABLE, COMMERCIAL: A structure for the keeping of horses, mules or ponies which are boarded for compensation.

STABLE, PRIVATE: An accessory structure for the keeping of horses or ponies for the use of occupants of the premises.

STAFF: The staff of the various departments or divisions of the town of Yucca Valley.

STANDARD: A. A rule or measurement establishing a level of quality or quantity that must be complied with or satisfied. Examples of standards might include the number of acres of park land per one thousand (1,000) population that the community will attempt to acquire and improve, or the planned traffic level of service (LOS).

   B.   Requirements in a zoning ordinance that govern building and development as distinguished from use restrictions; for example, site design regulations such as minimum lot area, height limit, frontage, landscaping and floor area ratio.

STORAGE: A space or place where goods, materials and/or personal property is put for more than twenty four (24) hours.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (6') above "grade" as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above "grade" as defined herein at any point, such usable or unused underfloor space shall be considered as a story.

STORY, FIRST: The lowest story in a building which qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below "grade", as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') below "grade", as defined herein, at any point.

STREET: Any thoroughfare or public way not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.

STREET FURNITURE: Manmade aboveground items that are usually found in street rights of way, including benches, kiosks, plants, canopies, shelters and phone booths.

STREET HARDWARE: Mechanical and utility systems within a street right of way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.

STREET, PRIVATE: A street that has not been accepted by the town or other governmental agency.

STREETSCAPE: An urban design component that concentrates on making the road system and road environment useful as an instrument in understanding and organizing the urban development. It may be defined as the sensitive placement of landscaping, signage, lighting and street furniture. Views, driver orientation, meaningful visual sequences, and the design of compatible land use edge conditions are essential objectives of a streetscape system. The primary objective of a streetscape system is to design the major streets with a consistent landscape pattern and appropriate scale to distinguish them from the lesser streets and provide strong visual orientation for the driver.

STRIP DEVELOPMENT: Commercial or retail development, usually one store deep, that fronts a street.

STRUCTURE: That which is built or constructed, 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. (By this definition all buildings are structures, however, not all structures are buildings.)

SUBDIVISION: 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 county 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 (i.e., the cultivation of food or fiber or the grazing or pasturing of livestock). Property shall be considered as contiguous units even if separated by roads, streets, utility easement or railroad rights of way. "Subdivision" includes 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 (5) or more existing dwelling units to a stock cooperative, as defined in section 11003.2 of the California Business And Professions Code. A conveyance of land to or from a governmental agency, public entity, public utility, common carrier or subsidiary of a public utility for conveyance to the public utility for rights of way shall not be considered a division of land for the purpose of computing the number of parcels.

SUBSTANDARD HOUSING UNIT: A dwelling unit which is either dilapidated or unsafe or does not have adequate plumbing or heating facilities, thus endangering the health or safety of the occupant.

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 seventy five percent (75%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitiation, addition, or other proposed new development of a structure the cost of which equals or exceeds fifty percent (50%) of the market value before the start of construction of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual work performed.

SUPPORTIVE HOUSING: Housing with no limit on length of stay that is occupied by a target population defined as having low incomes and 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 development disabilities services act (division 4.5, commencing with section 4500 of California Welfare And Institutions Code). Target populations may include, but are not limited to, 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. As defined in this development code, sexual offenders, parolees, or persons on probation are not permitted to be housed in supportive housing facilities. Supportive housing is linked to on site 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. See also definitions of Emergency Shelter, Single Room Occupancy, Transitional Housing.

TAKEOUT SERVICES: See definition of Eating And Drinking Establishments.

TEMPORARY USE: A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

TENTATIVE MAP: A map made for the purpose of showing the design and improvements of the proposed subdivision, to include the street pattern, lot layout, easements that 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.

TERRACE: A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a primary building and not covered by a permanent roof.

THRIFT STORE: See definition of Secondhand Store.

TOPOGRAPHY: Configuration of the surface of land, including its relief and the position of natural and manmade features.

TOWN: The town of Yucca Valley.

TOWN OF YUCCA VALLEY GENERAL PLAN: The long range and comprehensive plan for the orderly growth and development of Yucca Valley, including text, maps, and amendments, adopted by the town council in accordance with the laws of the state of California. Also referred to as the "general plan".

TOWNHOUSE; TOWNHOME: An attached single-family dwelling in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common and fire resistant walls. Townhouses usually have separate utilities; however, in some condominium situations, common areas are serviced by utilities purchased by a homeowners' association on behalf of all members of the association.

TRANSFER STATION: A collection and transportation facility used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a solid waste handling facility. Transfer station may also include recycling facility.

TRANSIENT BASIS: A continuous period of two (2) weeks or less.

TRANSIT: The conveyance of persons or goods from one place to another by means of a local, public transportation system.

TRANSIT, PUBLIC: A system of regularly scheduled buses and/or trains available to the public on a fee per ride basis. Also called mass transit.

TRANSITIONAL HOUSING: Shelter provided to the homeless for an extended period, often as long as eighteen (18) months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency.

TRANSPORTATION DEMAND MANAGEMENT: A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and/or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number in carpools, vanpools, buses, trains, walking and biking.

TRAVEL SERVICES: Office establishments providing travel information and reservations to individuals and businesses.

TRELLIS: An open framework or lattice used for training vines and climbing plants.

TRIP: A one-way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one production end (or origin, often from home, but not always) and one attraction end (destination).

TRUCK DEPOT: A facility for the temporary storage, servicing, or maintenance of trucks or buses. Truck depots may include fueling facilities, traffic routing office, restaurants, wash racks, minor facilities and related business offices and motels.

TRUCK PARKING PERMIT: The commercial vehicle parking permit issued by the town of Yucca Valley.

TRUCK TERMINAL: An area and building where trucks load and unload cargo and freight and where the cargo and freight may be aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

TRUCK-TRACTOR: A motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. As used in this section "load" does not include items carried on the truck-tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed thirty four (34) square feet.

TRUCK YARD: A facility used exclusively for breaking down and assembling tractor trailer transport, or for parking of heavy vehicles for short periods of time. Truck yard does not include facilities for the loading and unloading of materials being transported. (Ord. 252, 11-18-2014)

UNDEVELOPABLE: Specific areas where topographic, geologic, and/or surface soil conditions indicate a significant danger to future occupants and a liability to the town are designated as undevelopable by the town.

URBAN DESIGN: The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning architecture and landscape architecture.

USABLE COMMON OPEN SPACE: Areas that are readily accessible, practical and generally acceptable for active and/or passive recreational use. Usable common open space shall be devoted primarily to active recreational opportunities, i.e., pool, court games, wading pools, barbecue area, or other recreational facilities, for the common use of all residents.

USE: The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered and/or enlarged in accordance with this development code.

USE INITIATION: The implementation of a use on a parcel or occupancy of a structure, or construction of substantial site improvements after a building permit has been issued, subject to determination by the director.

USE, PRIMARY: The principal or predominant use of any lot or parcel.

UTILITIES: A. Major: Generating plants, electrical substations, aboveground electrical transmission lines, microwave or cellular antennas, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation facilities, and similar facilities of public agencies or public utilities.

   B.   Minor: Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution line and underground water and sewer lines. (Ord. 252, 11-18-2014)

VARIANCE: A deviation from any provision of the zoning requirements except for a land use activity, for a specific parcel without changing the zoning ordinance or the underlying zoning of the parcel. A variance usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zoning district.

VEHICLE: A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Trailers, semitrailers, and truck- tractors are considered vehicles.

VIEW CORRIDOR: The line of sight identified as to height, width and distance of an observer looking toward an object of significance to the community (e.g., ridgeline, river, historic building, etc.); the route that directs the viewer's attention.

VIEWSHED: The area within view from a defined observation point.

VIOLATIONS: The failure of a structure or other development to be fully compliant with this code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this code is presumed to be in violation until such time as that documentation is provided. (Ord. 252, 11-18-2014)

WALL: The vertical exterior surface of a building; vertical interior surfaces that divide a buildings space into rooms.

WAREHOUSING AND STORAGE FACILITY: A. Limited: A building or group of buildings in a controlled access compound that contains individual compartmentalized stalls which are rented or leased for the storage of customer goods or wares, and which may include an on site manager's quarters, but excludes "warehousing and storage, wholesale distribution". Limited warehousing and storage shall also mean "miniwarehousing".

   B.   Wholesale Distribution: A building or group of buildings used for storage and distribution of wholesale goods without direct public access.

Warehousing and storage does not include direct sales, offices, manufacturing, and assembly of goods or animal storage.

WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

WETLAND: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WHEEL STOPS: Permanent devices that block the front wheels of a vehicle in a parking stall.

WHOLESALE FOR RETAIL SALES: The exchange of goods not intended for direct sale to the public but intended for future distribution and resale for financial or other consideration.

WILDLANDS: Any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.

WIND ENERGY SYSTEM: A system that utilizes wind energy to pump a fluid or gas, or to drive a mechanical device to generate electricity. Related wind energy terms are defined as follows:

   A.   Accessory Wind Energy System: A wind energy conversion system consisting of a wind turbine and blades, a tower, and associated control or conversion electronics, which will be used primarily to reduce on site consumption of utility power.

   B.   System Height: The combined height of the tower, the turbine and any blade when at the twelve o'clock (12:00) position.

WIRELESS COMMUNICATION: A broad range of telecommunication services that enable people and devices to communicate independent of location. This includes the current technologies of cellular communications and personal communications services. This excludes noncommercial antennas, radio, and television signals, and noncommercial satellite dishes. Related wireless communication terms are defined as follows:

   Antenna: Any system of dishes, panels, poles, reflecting disks, rods, and wire or similar devices used for the transmission or reception of electromagnetic signals.

   Antenna Height: The overall vertical distance from the base or pad to the highest point of the antenna mounted on its support structure.

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

   Cell Site: A parcel of land that contains a wireless communication facility/ies (WCFs).

   Collocation: The placement of two (2) or more WCFs on the same site, building, or structure where each facility is operated by a different carrier, operator, or owner.

   Lattice Tower: A guyed or self-supporting, three (3) or four (4) sided, open frame structure used to support telecommunications equipment.

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

   Mount: The structure or surface upon which antennas are mounted. There are two (2) types of mounts: a) ground mounted - mounted on the ground, including, but not limited to, monopoles, and b) structure mounted - mounted to the facade or roof of an existing structure.

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

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

   Whip Antennas: An omnidirectional antenna that is very thin, less than two inches (2") in diameter, and not exceeding eighteen feet (18') in height.

   Wireless Communication Facilities - Height: The height of wireless communication towers or poles shall be measured from natural, undisturbed ground surface below the center of the tower or pole to the top of the highest antenna or piece of equipment attached thereto. In the case of building mounted facilities, the height shall include the height of the portion of the building on which it is mounted.

   Wireless Communication Facility/ies (WCFs): Any collocated, ground mounted, roof mounted, or stealth device or system used for transmitting and/or receiving electromagnetic signals, including, but not limited to, microwaves and radio waves for cellular technology, data transmission, e-mail, mobile services, paging systems, personal communications services, and related technologies. A WCF includes antennas, antenna structures, microwave dishes, parabolic structures; WCF support facilities that house support equipment; and other accessory development, equipment, improvements, and structures used to support the operation of the WCF. (Ord. 252, 11-18-2014)

Reserved. (Ord. 252, 11-18-2014)

YARD: An open space on a parcel of land, other than a court, unobstructed and unoccupied from the ground upward, except for projections permitted by this development code.

YARD, FRONT (SETBACK): 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 the front structural setback line.

YARD, REAR (SETBACK): An area extending across the full width of the lot between the rear lot line and the rear structural setback line.

YARD, SIDE OR STREET SIDE (SETBACK): An area bounded by the front and rear structural setback lines, the side lot lines or street right of way, and the side or street side structural setback line. (Ord. 252, 11-18-2014)

ZERO LOT LINE: The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

ZONING: The division of the town by legislative regulation into areas, districts or zones, which specify allowable uses for real property and size restrictions for structures within these areas; a program that implements the policies of the general plan.

ZONING DISTRICT: A designated section of the town for which prescribed land use requirements and building and development standards are uniform.

ZONING, EXCLUSIVITY: Development regulations that result in the exclusion of low and moderate income families from a community.

ZONING, INCLUSIVENESS: Regulations which increase housing choice by providing the opportunity to construct more affordable, diverse, and economical housing to meet the needs of low and moderate income families.

ZONING MAP: The map or maps that are a part of the zoning ordinance that delineate the boundaries of the zoning districts. (Ord. 252, 11-18-2014)