APPENDIX A DEFINITIONS

Abut or abutting: The same as “adjacent.”

Access: The place or way by which pedestrians and/or vehicles shall have safe, adequate and suitable ingress and egress to a property or use as required by this Land Use Code.

Accessory structure/building: Anything constructed or erected on the same lot or parcel as the principal use or approved conditional use that requires a building permit and has a permanent fixed location on the ground or is attached to something having a permanent fixed location on the ground which is incidental and subordinate to the main building or structure.

Accessory use: A use customarily incidental to the primary use or approved conditional use on a building site, such as permanent caretaker residences, secondary units, and home business.

Adjacent: Two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Synonyms are “contiguous,” “abutting,” or “adjoining.”

Adjoining: The same as “adjacent.”

Adult arcade: An establishment where for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult bookstore: Any establishment which, as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See “adult-oriented business” for definition of regular and substantial portion of its business).

Adult cabaret: A nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, or other photographic reproductions, or oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult hotel/motel: A hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and/or which rents, leases, or lets any room for less than a twelve (12) hour period and/or rents, leases or lets any room more than once in a twenty-four (24) hour period and/or which advertises the availability of any of the above.

Adult model studio: Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises.

“Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under provisions of the Education Code.

Adult motion picture arcade: Any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult mini-motion picture theater: An adult motion picture theater, as defined below, with a capacity for fifty (50) persons or fewer.

Adult motion picture theater: A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult-oriented business: Any business establishment or concern which, as a regular and substantial course of conduct, performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by State law. “Adult-oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of the Municipal Code, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:

(3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult-oriented business applicant: A person who is required to file an application for a permit in accordance with the applicable provisions of the Municipal Code, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

Adult-oriented business operator: A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct of activities occurring on the premises thereof.

Adult theater: A business establishment or concern, including a theater, concert hall, auditorium, or similar establishment which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Affordable housing: Residential projects that are affordable by qualified very low and low income households.

Affordable rent: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low or lower income households, not exceeding the following calculations:

(2) Low income: eighty (80) percent of the area median income for Orange County adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12).

Affordable sales price: A sales price at which low or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

Allocation: The number of dwelling units in a residential development project for which building permits may be issued in a specified calendar year. The total allocation shall be less than or equal to the numerical limits set by resolution of the City Council for the same calendar year.

Allowed: Permitted.

Alley: A public or private way permanently reserved as a side or rear entrance to abutting property. Generally, the secondary access to a property.

Amateur radio antenna: Any antenna used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

Animal, domestic: Any domesticated animal or household pet commonly maintained in a household as defined by Orange County Animal Control.

Antenna: Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission, reception or both of electromagnetic radiation waves, including devices having active elements extending in any direction and directional parasitic arrays having elements attached to a generally horizontal boom which may be mounted upon a vertical support structure. Any such system is further defined to be external to or attached to the exterior of any building.

Antenna array: A group of antenna elements on the same geometric plane.

Antenna, ground-mounted: Any freestanding antenna, the entire weight of which is supported by an approved platform, framework, or other structural system, which system is affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building.

Antenna height: The overall vertical length of the antenna above grade. If the antenna system is located on a building, the overall vertical length also includes the height of the building above grade level at the point upon which the antenna system is mounted. If the antenna system includes a collapsible support structure, the overall vertical length is measured with the antenna support structure fully extended.

Antenna mast: The pole or tower of metal or wood used to support an amateur radio antenna.

Antenna radius: The distance from the antenna support structure to the furthest possible extension of any horizontal element of an antenna.

Antenna, roof-mounted: An antenna, the entire weight of which is supported by a building through the use of an approved framework or other structural system, which system is affixed to one or more structural members of the roof of the building or to any structural portion of the building above the roof line.

Antenna support structure: Any structure, mast, pole, tripod, or tower utilized for the purpose of supporting an antenna.

Antenna support structure, freestanding: An antenna structure that is not attached to a building, fence or other such structure.

Antenna system: The combination of the antenna and any antenna support structure.

Antenna, whip: An antenna consisting of a single, slender, rod-like element, less than one wavelength long, which is supported only at or near its base.

Antique Shop: A place used for the sale or trading of articles which are over fifty (50) years old or have collectible values. Antique shop does not include “second hand store”.

Apartment: A room or suite of rooms, within an apartment house, which is designed for occupancy by one household for living and sleeping purposes and which contains no more than one kitchen.

Apartment house: Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more households living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

Appeal: A request by a project applicant or other qualified individual or agency for a City body to modify or reverse a decision rendered by a subordinate City body or City staff; or

Appellant: Those persons or agencies filing appeals, paying fees, where required, and complying with procedural requirements stated in this Land Use Code.

Applicant:

(2) For the purposes of Section 9-3.521 Hazardous Waste Facilities, applicant means any person applying to the City for a conditional use permit or a land use decision concerning a specified hazardous waste facility, as defined under the term proponent of State Health and Safety Code Section 25199.1(i).

Arcade: A contiguous area with access to a street or other public way and which affords pedestrian access to business establishments or other land uses fronting said area.

Architectural projection: Anything attached to and extended outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy, such as stairs, balcony, fireplace, etc.

Arterial highway: A highway primarily for through traffic and which usually connects to other arterial highways. Arterial highways are classified as primary, secondary, and local as per the Circulation Element of the City’s General Plan.

Article: An Article of this Land Use Code unless some other ordinance, code, or statute is indicated.

Attic: The uninhabitable space between the upper surface of the top floor and the roof above, as shown in Figure 1. An attic is not considered a story.

Auto parts and supply store: An establishment that offers for sale auto parts and supply where twenty-five (25) percent of the available retail area is devoted to the storage, display and sale of such products.

Automated car wash: An enclosed building/facility designed for self-service wash and/or wash of motor vehicles by mechanical means only. Such facilities shall not include any interior cleaning, detailing, prepping, hand washing, or hand wiping by any employees.

Average daily traffic (ADT): The average number of vehicles using a traveled way for a twenty-four-hour period determined by dividing the total number of vehicles for a stated period by the number of days in that time period. In calculating vehicle trips, trucks with trailers shall be adjusted to a passenger car equivalent.

Average vehicle ridership (AVR): Calculated by dividing the number of employees who report to the work site or another job-related activity between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday by the number of vehicles used by these employees. The AVR calculation requires that a five (5) consecutive weekday average be used and cannot include a holiday.

Banner: A visual display device, with or without copy, usually rectangular in shape made of flexible material, usually cloth, paper, or plastic.

Bar: Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises for which the license has been issued.

Base district or base zoning district: A portion of the City within which only certain land uses and structures are permitted and certain standards are established for development of land.

Basement: An area of non-residential use partially above ground and having no more than fifty (50) percent of its height, at any point, above finish grade on each and every side, as shown in Figure 1. A basement is not considered a story unless over fifty (50) percent of its height is above finished grade.

Bed and Breakfast establishment: A use/structure listed on the City’s Inventory of Historical and Cultural Landmarks which provides guest rooms for rent for a period of time not to exceed two (2) weeks continuously and operated by a resident manager. Such establishments may also provide boarding (food and beverage) accommodations for guests subject to the limitations established in this Land Use Code.

Bike lane: A designated area within a street roadway reserved for bicycle travel and separated from the rest of the roadway by painted lines or other pavement markings.

Bike route: A bicycle pathway within a street roadway identified only by bikeway signs without any special pavement markings.

Bike trail: A right-of-way reserved exclusively for bicycle travel and separated from public or private travelways.

Bikeway: A bicycle pathway: either a bike lane, bike trail, or bike route.

Billboard: An off-premises sign with changing advertising copy.

Boarding or rooming house: A residential building, other than a rest home, containing a single dwelling unit and not more than five (5) guest rooms or suites of rooms where lodging is provided with or without meals, for compensation.

Bond, development obligation: A document obligating funds for the purpose of insuring the performance of a developer in fulfilling an obligation required by the City.

Bond, labor and materials: A document obligating funds for the purpose of insuring the payment of the contractors and material purveyors involved in constructing improvements.

Bond, monumentation: A document obligating funds for the purpose of insuring the payment of a civil engineer or land surveyor for placing property monuments.

Bond, performance: A document obligating funds for the purpose of insuring the faithful performance of the construction of improvements.

Box Stall: An enclosed, walled stall used for housing one or more horses.

Boundary closure: The complete closing of a property’s boundaries. The maximum permissible error of closure shall be no greater than 0.017 feet for Final Maps or Parcel Maps.

Brewpubs: A commercial business which conducts the retail sale of beer (malt beverages with alcohol content as defined by Federal law) which is brewed on the premises in compliance with applicable State and Federal laws. Such establishments may also include restaurants as an accessory use. Live entertainment is subject to the use requirements of district in which the establishment is located.

Building: Any structure, other than a vehicle, having a roof supported by columns or walls for the housing, shelter, or enclosure of persons or property of any kind.

Building, accessory: The same as “accessory structure.”

Building exposure: A building wall which is parallel to a public or private street, highway, or designated parking area.

Building line: The exterior wall surface of a building, exclusive of architectural projections or eaves.

Building, main: A building in which is conducted the primary use of the building site on which it is situated.

Building, main residential: A residential building which is the main building on a lot.

Building or structure height: The vertical distance from finished grade or flood protection elevation to the topmost point of the roof of a building or to the highest point of a structure other than a building, as shown in Figure 1. Chimneys and finials are not included in determining building height. For structures in hillside areas, building height shall be determined by the establishment of a series of vertical lines at the upper most and the lower most finish grade of a building or structure (typically measured at five (5) feet from the building corner) at the set building height standard by a line connecting such vertical line as shown in Figure 2.

Capital improvement program: A budgeted multi-year schedule of physical improvements to streets and other public facilities planned and carried out by the City.

Car/van pool: A shared ride by two (2) or more employees in motor vehicles, to and from their worksite(s).

Caretaker’s residence (permanent): A residence located on a premises with a main non-residential use and occupied only by a caretaker or guard employed on the premises, and his or her family.

Caretaker’s residence (temporary): A temporary accessory structure containing living quarters and kitchen facilities for housing persons responsible for administering, overseeing, or maintaining security for the main use on the site during the construction period.

Cat: A feline of either sex, altered or unaltered.

CC&R: See “conditions, covenants and restrictions”.

Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of Use and Occupancy: A required document issued by the Department of Building and Engineering Services prior to occupation or use of buildings erected or structurally altered.

Check cashing facility: A person or business that for compensation engages in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check cashing facility does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Check cashing facility also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for minimum flat fee not exceeding two dollars ($2.00) as a service that is incidental to its main purpose or business.

Child day care center or child care nursery: A facility that provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family child day care homes. Rooms accessory to a church and used for religious education on not more than two (2) days a week are not considered child day care centers. See definitions for “family care” and “family day-care”.

Children’s home: One or more buildings used for the semi-permanent, twenty-four (24) hour care of orphans or other children deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organization or a correctional institution.

Church: A structure which is used primarily for religious worship and related religious activities at least two (2) days per week.

City: The City of San Juan Capistrano, California.

City Council: The City Council of the City of San Juan Capistrano.

City Engineer: That person, or his or her designated representative, assigned to the position of City Engineer by the City Council.

Clinic: Any facility used for the care, diagnosis and treatment of sick, active, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with board or room or kept overnight on the premises. “Clinic” includes dental clinic, health clinic, medical clinic and doctors’ offices and may include laboratory facilities in conjunction with normal clinic services.

Clubs and lodges (private): Buildings and facilities, owned or operated by a for-profit or non-profit corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation.

Code: The Land Use Code (Ordinance No. 869) of the City of San Juan Capistrano, unless some other code, ordinance, or statute is indicated.

Collection facility: A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Collection facilities may include reverse vending machines, small collection facilities and large collection facilities.

Collection facility, small. A small collection facility is a collection facility which occupies an area of not more than 500 square feet and may include:

(4) Unattended containers placed for the donation of recyclable materials.

Collection facility, large. A large collection facility is a collection facility which may occupy an area of more than 500 square feet and may include permanent structures.

Commercial: A land use or other activity involving the sale of goods or services for financial gain.

Commercial district: A zoning district allowing specified commercial activities including Tourist Commercial (TC), Neighborhood Commercial (NC), General Commercial (GC), and Office Commercial (OC).

Commission: The Planning Commission of the City of San Juan Capistrano, unless some other commission, board or committee is indicated.

Comparable housing. Housing that meets the minimum standards of the Uniform Housing Code and which is comparable in: (1) rent; (2) amenities; (3) availability of and proximity to public transportation; (4) availability of and proximity to personal and public service facilities, including medical services; (5) availability and proximity to schools; (6) rules and regulations regarding tenancy; (7) square footage; (8) number of bedrooms; and (9) number of bathrooms.

Comparable mobilehome park: Any other mobilehome park within a fifty (50) mile radius, substantially equal in terms of park amenities, rent, and proximity to services.

Competitive evaluation: The process of comparing the project rating scale point rating of projects approved in concept in order to determine priorities in receiving the yearly allocation of dwelling units.

Concept review: The review of residential projects subject to Section 9-3.505 Affordable Housing Requirements to determine if such projects may proceed to the competitive evaluation, unit allocation, and, if applicable, tentative map review stages. Projects may be denied or approved in concept at the concept stage of the review.

Conditional use: A use which because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities may reduce the imposition of special controls. Such control is imposed to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.

Conditional Use Permit: A permit issued by the City authorizing establishment and operation of a conditional use.

Conditions, covenants and restrictions (CC&R): A set of private agreements written and agreed to by a group of property owners, usually included in each property deed, and which sets down certain rules and regulation governing the development and use of said properties.

Condominiums: An estate in real property consisting of an undivided interest, in common, in a portion of a parcel of real property together with a separate interest in a building on such property. Such separate interest may also include outdoor areas for patios, atriums, or courtyards.

Consistency or General Plan consistency: Conformity of the Official Zoning Map or other elements of this Land Use Code, or a proposed land use or development project to the provisions of the City’s adopted General Plan.
Contiguous: The same as “adjacent.”

Conventional antenna: An individual element or system of conducting elements, as opposed to a single disk or sphere, used for the transmission or reception of electromagnetic waves.

County: The County of Orange, California.

Custom house: A house designed especially for construction on a particular residential lot.

Daily trip: Travel from an origin to a destination by a vehicle during a twenty-four (24) hour period.

Dedicate: To convey to a public agency an interest in land for a public purpose.

Density bonus: A minimum density increase of at least twenty-five (25) percent over the maximum residential density.

Density bonus housing agreement: A legally binding agreement between a developer and the city to ensure that the requirements of Section 9-3.505 Affordable Housing Requirements are satisfied. The agreement, among other things, shall establish: the number of target units, their size, location, terms and conditions of affordability, and production schedule.

Density bonus units: Those residential units granted pursuant to the provisions of Section 9-3.505 Affordable Housing Requirements which exceed the otherwise maximum residential density for the development site.

Design: The physical aspects of a development, road improvement, or other construction project. Design includes, but is not limited to, such items as street alignment, grading, landscaping, site layout, building elevations, and signing.

Deposit, street cut: A cash deposit insuring the repair of public rights-of-way altered during construction.

Deposit, swimming pool: A cash deposit insuring the repair and cleaning of public rights-of-way altered during swimming pool construction.

Development project: A public or private-sector venture involving the development, construction, structural or site modification, or redevelopment of commercial, industrial, residential, or other properties.

Development plan: A plan created to describe a proposed development on a specific building site.

Development standard: A numerical maximum or minimum requirement set for each zoning district and regulating the development of building sites. Such standards include, but are not limited to, building setbacks, street frontage, and lot sizes.

Director of Planning or Planning Director: The Planning Director for the City of San Juan Capistrano, or his or her duly authorized agent.

Dish antenna: A system of wires, poles and reflecting disk used for the transmission or reception of electromagnetic waves. A dish antenna is to be distinguished from a “conventional” antenna by the use of a parabolic or spherical disk.

District or zoning district: A Base District or Environmental Overlay District.

District, Base: See “base district.”

District, Environmental Overlay: See “Environmental Overlay District.”

Dog: A canine of either sex, altered or unaltered, that has reached the age of four (4) months.

Domestic water use: The use of water for direct human consumption, human contact, or in the preparation of foods for human consumption.
Driveway: A traveled way providing vehicular access to a property in single ownership or a nonresidential joint land use of more than one property from an alley (public or private), a private street, or a public street.

Duplex: See “Dwelling, two-family.”

Dwelling: A building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels, motels, boarding houses, nursing homes, rest homes, children’s homes, or hospitals.

Dwelling, multiple family: A dwelling within a building on one lot, containing separate living units for three (3) or more households, having separate or joint entrances, and including apartments, condominiums, and townhomes.

Dwelling, single-family attached: A residential building designed for, and used for, the separate homes or residences of two (2) or more separate and distinct households living independently of each other living in separate ownership units (condominiums).

Dwelling, single-family detached: A detached building designed or used exclusively for occupancy by one household and containing one dwelling unit.

Dwelling, two-family: A building designed or used exclusively for occupancy by two (2) households and containing two (2) dwelling units.

Dwelling unit: A group of two (2) or more rooms, one of which is a kitchen, designed for occupancy by one household for living and sleeping purposes.

EA: The Environmental Administrator.

Early California style: An architectural style characterized by the use of light-colored stucco or masonry walls, exposed wooden beams, tile or shake roofs and wrought iron details that includes Monterey, Mediterranean, Mission Revival, and Spanish Colonial.

Earthtone or Mission colors: Muted colors such as browns, tans, beige, pale yellows, and similar shades, but excluding bright or obtrusive colors.

Easement: A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over said land.

Electrolier: A total street light assembly.

Employee: Any person employed by a firm, business, educational institution, nonprofit agency, corporation, government agency, or other entity.

Employment generation factors: Factors used to calculate the total potential employment of a particular project for determining the applicability of the provisions of this chapter.

Encounter Center: A business establishment wherein the patrons are invited to discuss sexual matters and who pay a fee for such discussion. This definition does not include therapy sessions conducted by physicians, therapists, and counselors licensed and regulated by the state.

Environmental Impact Report (EIR): A report which describes and analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act.

Environmental Management Agency: The Environmental Management Agency of the County of Orange.

Environmental Overlay District: A certain portion of the City wherein regulations relating to a specific environmental or physical characteristic (such as vulnerability to flooding) are imposed in addition to those of the Base District coveting the land in question.

Environmental review: The process of determining the impact of proposed projects on the environment. The review process shall be carried out in accordance with the California Environmental Quality Act and the guidelines of the City.

Equestrian trail: A right-of-way or easement, public or private, designated for the riding of horses. Such trails may also include pedestrian use (hiking trails) and off-road non-motorized bicycle use.

Equestrian trail access: Access to an equestrian trail from a given lot or other property either directly or by means of private streets or easements.

Equine: A category of domestic animal which includes horses, ponies, donkeys, or mules.

Exception: A minor modification(s) to restrictions or requirements set forth in this title, and which has no potential for adversely impacting adjacent property.

Extraction operation, commercial: The removal or displacement of sand, gravel, rock, aggregate, clay, or similar materials conducted for financial gain.

(2) Small family day care home means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home, as set forth in the California Health and Safety Code.

Farm labor camp: Any living quarters, dwelling, boarding house, bunkhouse, or other housing accommodations, maintained exclusively for the occupancy of farm employees and their families in connection with any farm work or place where farm work is being performed, and the premises upon which they are situated.

Fee: A payment of funds to the City for any of the applications or other entitlements set forth in Section 9-5.101 Fees, Deposits, and Bonds or elsewhere in the Municipal Code.

Feeder trail: An equestrian trail or bikeway not indicated on the City’s General Plan, but which connects to, directly or indirectly, such a General Plan equestrian trail or bikeway.

Fence: A free-standing device, structural or natural, forming a physical barrier by means of hedge, wood, mesh, metal, chain, masonry, brick, slate, plastic or other similar material.

File: To formally submit plans, applications, appeals, complaints, requests or other documents with a governmental agency, private firm, or individual.

Final map: A subdivision map prepared by or under the direction of a licensed land surveyor or registered civil engineer in accordance with the California Subdivision Map Act and this Land Use Code, and which is intended to be placed on record in the office of the County Recorder.

Finished grade measurement: The finished surface of ground abutting a building or other structure as shown in Figure 3.

Fire flow: The flow of water required to extinguish a largest probable fire served by a water facility.

Flood hazard: A hazard to land or improvements due to overflow water having sufficient depth or velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

Flood protection elevation: That elevation not less than one foot above the water surface profile associated with the 100-year flood, plus any increases in flood heights attributable to encroachments on the floodplain.

Flood, standard project: The largest flood that can be expected from the most severe combination of meteorological and hydrological conditions considered reasonably characteristic of the geographical region involved.

Flood, 100-year: The highest level of flooding that has an average frequency of occurrence on the order of once in 100 years at a designated location, considering regional meteorological conditions characteristic of the geographical region involved. This also means that level of flooding having a one-percent probability of occurrence in any one year.

Flood, 25-year: Flooding from that storm that has a probability of occurring once in twenty-five (25) years.

Floor area: The total horizontal area within the interior walls of all floors of a structure.

Game machine: Any electric or electronic machine (e.g., pinball, video games) which provides amusement, enjoyment or entertainment and which may be operated upon the insertion of a coin or token. This term shall not include juke boxes, children’s mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise.

Game machine centers or arcades: A place of business or establishment in which the operation of game machines is the primary use.

Garage: A building or a portion of a building used primarily for the parking of vehicles belonging to the occupants of the property.

General Fund: For the purposes of Section 9-3.521 Hazardous Waste Facilities, the State of California General Fund.
General Plan: The General Plan of the City of San Juan Capistrano adopted by the City Council.

Governor’s Appeal Board: For the purposes of Section 9-3.521 Hazardous Waste Facilities, a board formed to review the appeal by an applicant, as defined above, of a specified hazardous waste facility land use decisions disapproved by the City or of one or more conditions of approval placed on an approved specified hazardous waste facility or an appeal by an interested person, as defined herein, based solely on the ground that the conditions imposed do not adequately protect the public health, safety or welfare. The Governor’s Appeal Board’s membership, purpose and procedures are defined by State Health and Safety Code Sections 25199.9 through .14.

Grade, finished: See “Finished grade.”

Grading: An excavation, filling in, spreading, or moving of earth, sand, gravel, rock, or other material on a lot, building site, street right-of-way or other land area.

Ground water quality: The quality of subterranean waters in terms of their chemical, physical, biological, and radiological characteristics as related to possible domestic water use.

G-string: An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

Guest house or employee quarters: A secondary dwelling unit, accessory to the main building on a lot, which contains living quarters of a permanent type, with kitchen or cooking facilities.

Hazardous waste: A waste, or combination of wastes, which because of its quality, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Hazardous waste facility, specified: An off-site facility project proposal.

Health officer: A health officer or inspector for the County of Orange or duly authorized representative.

Health and Safety Assessment: For the purposes of Section 9-3.521 Hazardous Waste Facilities, a technical and environmental evaluation of a proposed facility, site, and surrounding area prior to approval of a conditional use permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes and potential water or air pollution. It is not intended that the Health and Safety Assessment duplicate information developed for environmental impact reports or risk assessments required under local, State or federal regulations.

Heliport: An area of land or a structural surface which is used or intended for use for the landing and takeoff of helicopters; including any appurtenant areas which are used or intended for use for heliport buildings and other heliport facilities.

Home business: A business conducted with a home business permit as a secondary use incidental to and entirely within a residential dwelling in a residential district and Agri-Business District, by the occupant of the dwelling in connection with which there is no display, no stock in trade or commodity sold on the premises; and which is conducted in such a manner that the outward appearance of the premises gives no indication of other than residential use, and which is not detrimental to the residential character of the neighborhood by virtue of traffic flow, noise, odor or other adverse characteristics.

Hospital: An establishment, licensed by the State Department of Health Services, which provides accommodations, facilities and services over a continuous period of twenty-four (24) hours or more, for observation, diagnosis, treatment or care of human patients who are suffering from illness, injury, deformity, or abnormality, or from any condition requiring obstetrical, medical, or surgical services.

Hotel: A residential building designed or used to be rented for occupancy by guests for dwelling, lodging, or sleeping purposes containing six (6) or more guest rooms or suites of rooms, but not including any building in which human beings are housed or detained under legal restraint or which is used as a drug or other rehabilitation center.

Housing cost, owner occupied: The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance property maintenance and repairs, homeowner association fees and a reasonable allowance for utilities.

Housing cost, rental occupied: The sum of actual or projected monthly payments for all of the following associated with rental target units: rent and a reasonable allowance for utilities.

Hydrozones: A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated.

Immobile populations: Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.
Improvement: The construction of streets and all related appurtenances, bridges, utilities, pedestrianways, bikeways, equestrian trails, or landscaping and irrigation in connection with an approved development or public works project, whether involving the subdivision of land or not.

Improvement plans: Engineering drawings intended to be used in the construction of street, trail, water, sewer, drainage, drainage facilities, landscape facilities, and appurtenances.

Industrial district: Industrial Park (IP), Commercial Manufacturing (CM), or Agricultural (A) Districts.

Interested person: For the purposes of Section 9-3.521 Hazardous Waste Facilities, a person who participated in one or more public meetings or hearings held to consider an application for a land use decision for a specified hazardous waste facility project. Participation as defined by State Health and Safety Code Section 25199.1(c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at the meeting or hearing.

Inventory of Historic and Cultural Landmarks (IHCL): A listing of locally culturally and historically significant sites and buildings based on the criteria of Section 15064.5 of the Guidelines for the California Environmental Quality Act.

Irrevocable offer of dedication: An offer made to the City of San Juan Capistrano for the dedication of land or facilities which, at any time, may be accepted by resolution of the City Council. A rejection of the offer, at any time, shall not cancel the offer of dedication. Cancellation is only by City Council upon conducting of a public hearing.

Land Use Code (LUC): Chapters 1 through 5 of Title 9 of the Municipal Code.

Land use decision: For the purposes of Section 9-3.521 Hazardous Waste Facilities, a discretionary decision of the City concerning a specified hazardous waste facility including the issuance of land use permit, a conditional use permit, the granting of a variance, the subdivision of property and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code.

Landscape boundary area: The planted area consisting of trees, shrubs, groundcover, or turf, which borders a project site on all sides.

Landscaping: The planting and maintenance of some combination of trees, groundcover, shrubs, vines, flowers or lawn. In addition, the combination or design may include natural features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art work, screens, walls, fences and benches.

Level of service (LOS): A measure of the operational performance of a road link or intersection based on a ratio of volume to capacity (V/C) of the facility as determined by the Intersection Capacity Utilization (ICU) method or seconds of delay determined by the Highway Capacity Manual.

Live art class: Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpturing of live models exposing specified anatomical parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class.

Local Arterial (street): A street which distributes residential or local traffic from its point of origin to higher capacity facilities. The commuter street does not serve lots directly, but fulfills the collection function for a group of local streets. Trips will be short and conducted at low speeds (25--35 m.p.h.) with relatively moderate (maximum 10,000 ADT) traffic volumes. This category of street requires sixty (60) feet of right-of-way.

Local (street): A street which provides direct access to single-family residential lots and is restricted to this function. The local street best serves its function when it is discontinuous, so that traffic having no destination along the street is discouraged from its use. This is accomplished by implementation of cul-de-sac and loop streets. This category of street requires fifty-six (56) feet of right-of-way.

Local, rural (street): Please refer to Figure 4-8.

Logo: A trademark, copyright, or symbol of an organization which is consistently used within the conducting of the business activity.

Lot: Any numbered or otherwise designated parcel of land shown on: (1) a recorded tract map, (2) a record of survey map recorded pursuant to an approved division of land, or (3) a parcel map.

Lot area: The total area (measured in a horizontal plane) included within the boundary lines of a lot--minus any area taken up by surface easements over the lot, such as for equestrian trails, streets, bikeways, open channel storm drains, etc.

Lot cluster: Any single lot, or a group of adjacent lots having a single uninterrupted perimeter boundary enclosing all of the lots.

Lot, corner: A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than 135 degrees, as shown in Figure 5.

Lot coverage: That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves, as shown in Figure 6.

Lot depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot, interior: A lot other than a corner lot, as shown in Figure 5.

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

Lot, reverse corner: A corner lot in which the rear lot line abuts the side lot line of the nearest lot to its rear.

(3) In the case of lots set back from the street, with long narrow portions for access, the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line.

Lot line, rear: A lot line which is opposite and most distant from the front lot line; and, in the case of an irregular, triangular, or other non-rectangular lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance, within the lot, from the front lot line.

Lot line, side: Any lot boundary line, not a front lot line or a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction.

Lot width: The minimum horizontal distance between the side lot lines measured at a point midway between the front and rear lot line.

Low income household: Households whose income does not exceed the low income limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the California Health and Safety Code.

Lower slope: In relation to terraces on manufactured slopes, the lower slope shall be that portion of the slope below the terrace.

Lumen: A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.

Lux: A unit of illumination equal to the direct illumination on a surface that is everywhere one meter from a uniform point source of one candle intensity or equal to one lumen per square meter.

Mail services: A commercial business which conducts the retail sale of stationery products, provides packaging and mail services (both US Postal and private service), and provides mailboxes for lease.

Main residential building: See “building, main residential.”

Maximum daily demand, water: The maximum demand for water from a water distribution system for a twenty-four (24) hour period.

Maximum hourly demand, water: The maximum demand for water from a water distribution system for any hourly period during a twenty-four (24) hour period.

Mini-mart or food convenience store: A business offering for sale food products both fresh and refined, including but not limited to fresh fruits and vegetables, prepackaged and processed food products, dairy products, baked goods, and beverages (nonalcoholic) including fruit juices, bottled and canned drinks within a building less than 5,000 square feet.

Mining: The process of obtaining sand, gravel, rock, aggregate, clay, or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods.

Mission colors: Same as “earthtone colors.”

Mixed-use development: A project which integrates a variety of land uses including residential, office, commercial, service, and employment and can result in measurable reductions in traffic impacts.

Mobile noise source: A fixed transportation route or facility which generates noise impinging on nearby areas due to vehicle travel on said route or facility.

Mobile recycling unit: An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks vans, or trailers and used for the collection of recyclable materials.

Mobilehome or manufactured home: A home built on a permanent steel chassis in a factory to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974 and installed either with or without a permanent foundation.

Mobilehome lot: Any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobilehome that is not owned by the park owner.

Mobilehome park: Any area or tract of land where two (2) or more mobilehome lots are rented or leased, or held for rent or lease to accommodate mobilehomes used for human habitation.

Model home: A dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development approved by the city. Model homes may also incorporate sales or rental offices for dwellings within the development.

Moderate income household: Households whose income does not exceed the moderate income limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the California Health and Safety Code.

Modular or factory built home: A home built in a factory to the California Factory Built Housing Code and installed on a permanent foundation.

Motel: A group of attached or detached buildings containing individual sleeping units for the temporary occupancy of tourists or other transients traveling by automobile--with a garage attached or parking space conveniently located to each unit.

Motor vehicle: A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Mulch: Any material such as leaves, bark, straw, or other materials left loose and applied to the soil surface to reduce evaporation.

Paddock: An open, fenced area with a portion of the enclosed area roofed to provide shade, used to house one or more horses.

Paragraph: A reference to a portion of a Section of this Code having a separate letter or number heading. For example, “Paragraph A1 of Section 3.6.5” refers to material within the heading A1 in Section 3.6.5.

Parcel: A contiguous quantity of land in the possession of, owned by, or recorded as the property of the same person.

Parcel Map: A map, prepared by a registered civil engineer or licensed land surveyor, showing the subdivision of land into four (4) or less lots in accordance with the provisions of the California Subdivision Map Act and this Land Use Code, and which shows detailed information sufficient for recordation by the County Recorder.

Parcel Map, Tentative: A preliminary parcel map prepared for the purpose of showing the design of a proposed subdivision of four (4) or less lots and the existing conditions in and around it and which need not be based upon an accurate or detailed final survey of the property.

Parking facilities, off-site: Parking facilities, off-site, shall include any parking lot or structure for the temporary storage (less than twenty-four (24) months) of motor vehicles which serve a use or uses which are located on a different legal lot of record from that of the parking facility and do not directly adjoin the lot served. Off-site parking facilities do not include parking lots or structures which are classified as “parking facilities, joint use” as provided by Section 9-3.535 Parking.

Parking facility: An area either open or enclosed within a structure or portion thereof, designed or used for the parking of motor vehicles.

Parking lot, public: An open parking facility which is not accessory to a structure or use on the same or another lot.

Parking management plan: A plan developed by a government agency, the principal aim of which is to reduce the total number of vehicles miles traveled within a region.

Parking space or stall: A designated area within a parking facility designed and used for the temporary parking of one motor vehicle.

Parkway: That portion of a street, highway, or alley right-of-way adjacent to but outside of and separate from the roadway proper. “Parkway area” shall not include median strips and shall not be designed or used for the movement of motor vehicles.

Pasties: An article of clothing that opaquely covers every portion of the breast below the upper radius of the areola.

Peak flow, sewage: The maximum design flow to be carried by a sanitary sewer.

Peak period, traffic: 6:00 a.m. through 10:00 a.m. period of time, inclusive Monday through Friday.

Pedestrian Ways: A paved right-of way for pedestrians that is separate and protected from the traveled portion of the roadway, and free from vehicular traffic.

Permit: Any permit issued pursuant to the provisions of the Municipal Code, together with the application required for such permit, the conditions upon which such permit is issued, and the plans, specifications, reports, and approved modifications pertaining thereto.

Permittee: The person to whom a permit is issued pursuant to the provisions of the Municipal Code.

Person: Any individual, firm, copartnership, company, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, county, city, municipality, district or other political subdivision, foreign country, or the managers, lessees, agents, servants, officers or employees of any of the above, or any other group or combination acting as a unit.

Pet or domestic pet: A domestic animal which is not maintained as work animal, and which is of a species that is commonly kept within or given access to an owner’s house or dwelling unit as per Orange County Animal Control Ordinance.

Pit: Any excavation, depression, or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay, or similar materials are being or have been dug, mined, extracted, or quarried.

Preceding: A reference to a previous sentence or Paragraph within the same Section of this Code. For example: “...as set forth in Paragraph A, preceding.”

Precise Plan or Specific Plan: A plan, adopted by City ordinance, which shows the future physical development to be implemented within a specifically defined and circumscribed area of the City. The Precise or Specific Plan will show the types of land uses to be developed on each parcel; a plan for circulation in and adjacent to the precise plan area; and written standards, regulations and policies for such items as architectural design, open spaces, preservation of existing structures, and other relevant factors.

Premises: A lot or building site, or a specified portion of a lot or building site, that contains the structures and the outside area necessary for the location, maintenance, and operation of the use on the property.

Primary use: The main purpose for which a structure or lot is designed, arranged, or intended, or for which either may be used, occupied, or maintained under this Land Use Code.

Primary arterial highway: A highway which provides for through traffic circulation for a maximum capacity of 33,800 ADT. This category requires 100-foot of right-of-way.

Principal use: A primary use which is permitted in a district without the requirement for approval of a Conditional Use Permit.

Private sanitary sewer: A sanitary sewer maintained and operated by a nonpublic agency or persons joining a City (public) sanitary sewer.

Private sanitary system: A sewage disposal system that collects, treats, and disposes of sewage independent of any City (public) sewage facilities.

Processing facilities (recycling): A building or enclosed space 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 baling, briquetting, compacting, flattening, grinding, crushing, shredding, mechanical sorting, cleaning, and re-manufacturing. Processing facilities include light processing facilities and heavy processing facilities.

Processing facility, certified (recycling): A certified processing facility is a processing facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act.

Processing facility, light (recycling): A light processing facility is a processing facility which occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per weekday. Facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

Processing facility, heavy (recycling): A heavy processing facility is any processing facility other than a light processing facility.

Project rating scale (PRS): A measuring device, composed of a number of general and specific rating criteria relating to project design, location, and other characteristics, used in assigning point rating to proposed residential projects prior to the competitive evaluation of two (2) or more residential projects per the City’s Residential Growth Management provisions in Section 9-2.325 Growth Management.

Property line: A line separating parcels of real property having separate legal descriptions, or which separates a parcel from a public right-of-way.

Public buildings and facilities: Structures and uses principally of an institutional nature and serving a public need, such as hospitals, schools, libraries, museums, post offices, police and fire stations, public utilities, and other public services.

Full tent trailer: Including boats, floats, and rafts plus the normal equipment to transport the same on a street or highway.

Recyclable material: Reusable material including metals, glass, plastic, green wastes and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include toxic, noxious or hazardous materials. Recyclable material may include used motor oil.

Recycling area (areas for recycling): Space allocated for collecting and loading of recyclable materials.

Recycling facility: A center for the collection and/or the processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or industrial use and used solely for the recycling of material generated by that tenant or owner.

Recycling facility, certified: A recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

Regularly features: As it relates to adult-oriented businesses, a regular and substantial course of conduct of the person, business or establishment making or presentations are made. This term refers to the fact that live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical parts, occur six (6) times a month in any given year.

Reimbursement agreement: A legal agreement between a person and a government agency whereby the person will be repaid a certain portion of the fees paid in connection with a development or subdivision when further development occurs in the area or other specified events take place.

Research and Development Business: A business that engages in research, or research and development, of innovative ideas in technology-intensive fields.

Residential allocation schedule (RAS): The timetable used to specify the number of dwelling units in residential projects for which building permits may be issued during each of three (3) calendar years.

Residential care facility: Any family home, group care facility, or similar facility (as determined by the State) licensed by the State to provide twenty-four (24) hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, for seven (7) more individuals or as may be amended by the California Community Care Facilities Act.

Residential density, maximum: The maximum number of residential units permitted by the City’s General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of Section 9-3.505 Affordable Housing Requirements. If the housing development is within a planned development or community overlay zone, the maximum residential density shall be determined on the basis of the General Plan and maximum density of the underlying zone.

Residential district: Generally, zoning districts for residential uses, including the Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), and Mobilehome Park (MHP) Districts, or any residential portion of a PC District as designated on an approved Comprehensive Development Plan.

Residential project: A development project which will result in the construction of new dwelling units in the City. Such projects may or may not involve the subdivision of land.

Residuals repository: A waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.

Resolution of Intention: A formal resolution adopted by a public agency which expresses an intention to take some future action. For instance, the adoption of a Resolution of Intention to annex a certain parcel of land to the City at some future date.

Rest home: An institution or premises licensed by the State and used for the housing and care of the ambulatory, aged, or infirm and offering or providing lodging, meals, nursing, dietary or other personal services, but not including the care and treatment of persons with contagious or communicable disease, mental illness, or persons addicted to narcotics or alcohol. The term does not include places where there is surgery, physical therapy, or other similar activities, such as are customarily provided in hospitals. Rest homes also include residential care facilities for the elderly, nursing homes, assisted care facilities, convalescent homes, homes for the aged, veterans’ homes, institutions for the feeble-minded, cerebral palsied and the like, plus other similar names signifying long-term care, which is personal and at most nursing help, rather than medical or surgical care.

Retail or retail sales: The sale of goods, merchandise, or commodities for consumption or use by the purchaser.

Reverse vending machine: An automated mechanical device which accepts at least one or more types of empty beverage containers including but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a portion commensurate with their relative redemption rates, and to meet the requirement of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

Reverse vending machine, bulk: A reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time and pays by weight instead of container.

Right-of-way: An area or strip of land, either public or private on which a right of passage has been recorded. Thus, “right-of-way” shall include a public right-of-way, an easement, a common lot containing a private street, or other public or private right of passage consistent with this definition.

Roadway: That portion of a street, highway, or alley right-of-way designed or used for accommodating the movement of vehicles. The roadway may or may not accommodate vehicle parking.

Runoff: Water that flows at a rate above the infiltration rate of soil which causes water to drain away on the surface from the landscape area it is intended to service.

Rural (street): A designation placed upon public roads and arterials which requires street improvements that are commensurate with low density residential development. The rural designation may be used in combination with local, local arterial, secondary arterial, and primary arterial street classifications.

Sanitarium: An institution where patients, other than mental or drug addict patients, are housed and where medical or post-surgical treatment is provided.

Sanitarium, mental: An institutional for the recuperation and treatment of victims of mental disorders or drug addiction.

Sanitary sewer: A conduit designed to carry sewage.

Sanitary sewer lateral: A conduit joining a sewage generating facility and a sanitary sewer.

Scenic highway: Any highway designated a scenic highway by an agency of the City, County, State or Federal Government.

School: Any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

School, elementary and high: Institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. Private institutions meeting this criterion shall also be included within this definition. High schools include Junior and Senior.

Screening: Solid walls, solid fences or dense living hedges for the purpose of concealing from view the area behind such structure or hedges.

Second hand merchandise/goods: Used common household items including clothing, personal effects, household furnishings, appliances, and office equipment and furnishings.

Second hand store: A profit or non-profit business or organization that engages in, or specializes in, the sale or resale of second hand merchandise or goods, and whose goods may be principally donated or sold on consignment. This classification does not include antique shops.

Secondary arterial highway: A highway which provides for through traffic circulation within the City. This category requires eighty-four (84) feet of right-of-way. Traffic volumes are limited to 22,500 ADT.

Secondary dwelling unit: For the purposes of Section 9-3.501 Accessory Uses and Structures, “secondary dwelling unit” shall mean a separate residential unit containing sleeping quarters and bathroom facilities independent of the principal dwelling on the site.

Section: A section of this Land Use Code unless some other ordinance, code or statute is indicated.

Senior citizen housing development: A housing development which has been designed to meet the physical and social needs of senior citizens as that phrase is used in California Civil Code Section 51.2 and which qualifies as housing for older persons as that phrase is used in the federal Fair Housing Amendments Act of 1988 and implementing regulations.

Service station: A structure or premises where gasoline, oil, grease, batteries, tires, automobile accessories and incidental items such as soft drinks or tobacco products are supplied and dispensed at retail. Service station activities do not include body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, nor the operation of a commercial garage as an accessory use.

Setback: A minimum horizontal distance between the building line and the lot line; or when abutting a street, the minimum horizontal distance between the building line and the ultimate right-of-way line, as shown in Figure 7.
Setback area: That area between a property line and a line parallel thereto at a distance equal to the appropriate setback distance.

Setback line: That line parallel to a property line and at a distance equal to the appropriate setback distance, as shown in Figures 6 and 4-2.

Settling basin: An area devoted to the storage of waste residue.

Sexually oriented material: Any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sexually oriented merchandise: Sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Shopping center: A group of more than two (2) retail stores and service establishments designed to serve as a unit with shared access and common parking.

Sidewalk: That portion of a vehicular thoroughfare not within the roadway and set apart by curbs, barriers, markings or other delineations for pedestrian travel.

Sign: Any medium of visual communication, including copy, structure, component parts, and humans which is used or intended to be used to attract attention to and identify an establishment, product, service, activity, location, or to provide information.

Sign, advertising statuary: An imitation, representation, or similitude of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric which for advertising or identifying purposes is erected on or attached to the ground.

Sign area: The entire surface area of a sign including non-structural trim, but excluding the supports, uprights, or structures upon which the sign is supported. Sign area of cutout letters or displays include the total area within the periphery of the cutout letters or display. The sign area of advertising statuary is the entire surface area of the statuary.

Sign, billboard: An off-site sign used for advertising purposes and whose copy or message is changed from time to time.

Sign, building-mounted: A sign affixed to or painted on a building, including awning, window, or canopy.

Sign, construction: A sign containing information pertaining to a future development or on-going construction on the site where the sign is located, including the name of the project, developer, contractor, architect, financing source, future occupant(s), and other information directly related to the development.

Sign copy: Any words, letters, numbers, designs, logos, or other symbolic representations incorporated into the face of a sign.

Sign, directional: A sign directing motorists or pedestrians to parking or building entrances or providing similar directional information.

Sign, externally illuminated: A sign which a source of light is used in order to make readable by projecting light onto or around the message or copy of the sign.

Sign face: The exterior surface of sign, exclusive of structural supports, on which is placed the sign copy.

Sign, freestanding: A sign supported by a base, uprights, or braces placed upon or into the ground and detached from any building.

Sign, freestanding pole: A sign supported upon the ground and mounted on poles and not attached to any building.

Sign, freestanding monument: A sign which is supported by a solid base of masonry, brick, block, or wood.

Sign height: The measurement from the top of the sign face to the average finish grade at the base of the sign.

Sign, identification: A sign whose commercial copy is limited to the name, type of business, and address of the building, business, office, establishment, person, or activity.

Sign, incidental: Those signs that are permitted without need for a sign permit as listed under Section 9-3.543 Signs.

Sign, internally illuminated: A sign which a source of light is projected through a transparent material that consists of the letters of the message or sign copy.

Sign, major tenant: A business in a multi-tenant center which occupies more than fifteen (15) percent of the net building square footage of a building or whose building area is designated as a major tenant suite by the Planning Commission as part of an approved sign program.

Sign, marquee: A building-mounted sign which is attached flush to or painted on the front of a marquee or similar architectural projection.

Sign, multi-faced: A single sign having two or more faces.

Sign, multiple: A sign structure to which are attached two (2) or more separate signs.

Sign, neon: A sign of clear glass tubing to create sign copy using a neon gas as a visible illuminating light source.

Sign, off-site: A sign referring to a person, establishment, merchandise, service, event, or entertainment which is not located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.

Sign, on-site: A sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.

Sign, pedestrian: A small sign readable primarily from the abutting sidewalk or other walkway, but generally not from the street.

Sign permit: An entitlement from the City to place or erect a sign.

Sign, political: A sign where text is limited to noncommercial speech pertaining to a forthcoming public election for national, state, or local candidates or issues.

Sign, portable: Any sign designed to be moved easily and which is not permanently affixed to either the ground, a structure, or building, or vehicle.

Sign, projecting: A building-mounted sign where the face is not parallel to the building, but which projects out at an angle.

Sign, real estate: A sign indicating that the premises on which the sign is located are for sale, lease, or rent.

Sign, roof: A sign erected upon or above the roof eave of a building or other structure.

Sign, separated panel: A single sign composed of individual panels separated by air space between the panels.

Sign size or area: Calculated in accordance with the examples shown in Figure 3-5 of Section 9-3.543 Signs.

Sign structure: The structural supports, uprights, and bracing for a sign.

Sign, temporary: A sign utilized to identify a business or other activity for an interim period.

Sign, under canopy: A sign suspended beneath a projecting canopy, walkway cover, awning ceiling, said signs are considered building-mounted.

Sign, vehicle: A sign permanently affixed to the vehicle indicating the name of the business which is using the vehicle. The sign copy is limited to the logo, name of business, address of business, and/or telephone number only.

Sign, wall: A sign attached to, erected against, or painted onto a wall of a building or other structure with the exposed face of the sign in a plane parallel to the wall.

Sign, window: Any written representation, emblem or other figure or similar character painted on or otherwise affixed to a window, excepting that portion of sign copy that identifies days and hours a business is open; any interior sign within five (5) feet of any window and visible from off the subject building site shall be considered a window sign.

Site plan: A plan indicating all of the improvements existing and proposed on and off the property (including grading, streets, buildings, utilities, and landscaping).

Solid waste facility (SWF): A Class III sanitary public solid waste landfill designed and operated for the long-term disposal of solid waste which is subject to review and issuance of a solid waste facilities permit (SWFP) from the California Integrated Waste Management Board and which is operated pursuant to the California Code of Regulations (CCR). Solid waste facilities shall not include any facility designed and operated for the management or long-term disposal of any hazardous substances as defined in Section 25117 of the California Code of Regulation (CCR), Health and Safety Code.

Specific Plan: See “Precise plan.”

Specified anatomical parts: Any of the following:

(8) The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and G-strings or equivalent clothing.

Sprinkler head: A device which sprays water through a nozzle.

Stable, commercial: Any place where horses or other equine are kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred for monetary compensation.

Stable, noncommercial: Any place where horses or other equine are kept for the use and enjoyment of the occupants of the premises, or a noncommercial facility for the use of a private homeowner association.

Storm drain: A conduit designed to carry storm-water runoff.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the top floor and the ceiling or roof above, as shown in Figure 1. If the space between the upper surface of the top floor and the roof above is designed for habitation, then it is considered a story. In addition, if the bottom level, including basement, of a structure has more than fifty (50) percent of its height above finish grade on any side, then it is considered a story.

Street: A right-of-way which provides a primary means of access for vehicular and pedestrian traffic to abutting properties.

Street frontage: The property line or lines between a street and a building site.

Street, public: A street: (1) the right-of-way for which has been dedicated to and accepted by the City for public use; or (2) an easement for which has been granted to the City for public use.

Street tree master plan: A plan adopted by the City Council for the planting and maintenance of street trees in different parts of the City.

Structure: Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground.

Subdivision: The division of any improved or unimproved land, 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. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 1351 of the Civil Code of the State, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a subdivision for purposes of computing the number of parcels.

Subdivision, land sale: Subdivisions in which one or more residential lots are sold by the subdivider to another party prior to home construction on the lot.

Subdivision Map Act: The Subdivision Map Act of the State of California

Subsection: A portion of a Section of this Land Use Code designated by the Section number followed by the applicable Paragraph within the Section. For example: “...as set forth in Subsection 3.6.21-A1.”

Surety device: A financial obligation whereby the City has direct access to funds deposited by a developer to insure a specific action.

Swimming pool: A man-made body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by humans.

Target unit: A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low or lower income households or qualifying residents so as to qualify for development incentives pursuant to Section 9-3.505 Affordable Housing Requirements.

Temporary use: A use which is associated with a holiday or special event, or which is accessory to a permitted use and transitory in nature.

Temporary Use Permit: A permit issued by the City authorizing a temporary use.

Tentative Tract Map: A map, prepared by a registered civil engineer or licensed land surveyor, showing the subdivision of land into five (5) or more lots in accordance with the provisions of the California Subdivision Map Act and this Land Use Code, and which shows detailed information sufficient for recordation by the County Recorder.

Terrace, slope: That level portion of a manufactured slope.

Theater: A premises used for giving dramatic performances or for showing motion pictures, with all functions and facilities contained within a building unless a drive-in theater is specified.

Townhouse: A dwelling unit occupying its own lot but which is physically attached to at least one other dwelling unit.

Trailer, house: The same as “mobilehome.”

Trailer, miscellaneous: A trailer that is used for the transport of miscellaneous materials and vehicles.

Trailer, travel: See “recreation vehicle.”

Transportation Demand Management (TDM): The implementation of any technique or method which seeks to or has been demonstrated as being successful in reducing the demand for travel or vehicle miles traveled (VMT). Recognized TDM methods include carpooling, transit (rail or bus), telecommuting, alternative work weeks, and similar techniques.

Transportation Management Association (TMA): A group of two (2) or more employers established under conditions, covenants, and restrictions provisions to provide a comprehensive and coordinated trip reduction program.

Tree: Any living perennial plant having a trunk diameter greater than six (6) inches, measured at a point three (3) feet above ground.

Trees, stand of: A cluster of trees existing of not less than four (4) trees.

Trimmed, severely: The cutting of the branches and/or trunk of a tree in a manner more extreme than allowed by Section 9-3.557 Tree Preservation which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance.

Turf: Grasses, such as bermuda, bluegrass, fescue, rye, zoysia, and other grasses or hybrid derivatives of such grasses.