§ 20.1.190. Definitions.

The following definitions and those set forth throughout this Title shall apply when interpreting the intent or meaning of the requirements and guidelines of this Title:

Abutting, Adjoining, Adjacent. Having district boundaries or lot lines in common, however, where properties would have had lot lines in common except for the existence of an alley, the lot lines of those properties are considered to be abutting, adjoining, or adjacent.

Access Corridor. A portion of the site providing access from a street and having a dimension less than the required lot width. The area of an access corridor shall not be included in determining the lot area.

Access Rights. The right, claims, title, or privilege of access, by pedestrians or vehicles, to a public road or way.

Access Road. A graded road with such improvements and of such width as required in Title 16 of the City Municipal Code which provides access from a division of land to an existing maintained street or highway.

Accessory Structure. Any subordinate structure or portions of the main structure, the use of which is incidental to that of the main structure on the same lot or premises, and which is used exclusively by the occupants of the main structure. An accessory structure may be erected only after the principal structure is established.

Accessory Living Quarters. See Guest Quarters.

Accessory Use. Any use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or premises. An accessory use may be established only after the principal use is established.

Acreage (Gross). The total fee ownership of a parcel or land area including any easements, but excluding any existing offers of dedication, dedications, or rights-of-way.

Acreage (Net). The land area which remains after dedication of ultimate rights-of-way for: (1) exterior boundary streets; (2) flood control rights-of-way; and (3) public parks developed to meet minimum standards. Major utility easements and rights-of-way may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the City's minimum park land requirements.

Active Recreational Uses, Private. Facilities occurring in a planned development or multiple-family project which are designed to provide individual or group activities of an active nature including, but not limited to, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, riding and hiking trails, watercourses or drainage areas.

Advertising Statuary. An imitation or representation of a person or thing that is sculptured, molded, modeled or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. Advertising statuaries shall be considered and regulated as signs.

Airport. Improvements and activities related to the takeoff and landing of aircraft for the purpose of carrying passengers or freight, or for recreation, usually equipped with hangars, facilities for refueling and repair, terminal buildings, operations towers, and public safety facilities.

Alley. A secondary means of access to property, generally located at the rear or side of the property. An alley is not intended for general circulation traffic.

Alter. To make a change in the supporting members of a structure, such as bearing walls, columns, beams or girders, to prolong the life of a structure or to change an exterior or interior dimension of a structure. In case of a sign, "alter" means a change of all or a portion of the copy, message, sign legend, or face, except on signs designed to advertise changing messages.

Alteration. Any change or modification, through public or private action, to the character-defining or significant physical features of properties affected by this Title. Such changes may include modification of structures, architectural details, visual characteristics, grading, surface paving, addition of new structures, cutting or removal of trees, landscaping, alteration of natural features, disturbance of archeological sites or areas, and placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the property.

Ambient Noise Level. General noise level one finds in a certain area at a given time.

Amusement/Theme Park. A facility that contains various facilities for entertainment, including mechanical rides, game arcades or booths, arenas or buildings for shows or entertainment, educational exhibits and displays, agricultural uses, related commercial uses including retail and eating/drinking establishments, and supportive accessory uses. An amusement/theme park may be a primarily outdoor facility, or may contain a combination of outdoor areas and buildings and other structures

Animal Hospital. A place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Animal (Exotic or Wild). Exotic or wild animals include lions, tigers, bears, simians, cougars, badgers, wolves, coyotes, foxes, lynx, peacocks, monkeys, any venomous or otherwise dangerous reptile or dangerous or carnivorous wild animal, any wild animal as defined in Section 2116 of the California Fish and Game Code of the State of California, or any other animal determined to be dangerous or potentially dangerous by the Community Development Director.

Animal (Large). Large Animal includes equine, bovine and similar sized domesticated animals as determined by the Community Development Director.

Animal (Medium). Medium animals include sheep, goats and similar sized domesticated animals as determined by the Community Development Director.

Animal (Small). Small animals include rabbits, chinchillas, guinea pigs and other similar sized animals as determined by the Community Development Director.

Apartment. One or more rooms with private bath and kitchen facilities comprising an independent self-contained residential dwelling unit, for rent or lease in a building containing more than two residential dwelling units.

Appeal. A request pursuant to the provisions of Section 20.2.180 for a review of an action undertaken pursuant to this Title.

Approved Access. One of the following:

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 ;hg;A dedicated right-of-way for access purposes.

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 ;hg;An offer to dedicate to the City, or an offer to dedicate to Kern County for which the City is a successor in interest, a right-of-way of a width established by City Ordinance, General Plan, or any adopted specific plan or highway right-of-way standards which expressly grants to the owner of the subdivision or development and any successors in interest the right to use the right-of-way without limit as to the quantity of vehicular traffic from each lot or use created by the owners or successors in interest to improve roadways in the City road system, both of which abut or connect to a publicly maintained roadway or connect to existing traveled roads where a prescriptive right by user has been established for public use.

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 ;hg;An offer to dedicate to the City, or an offer to dedicate to Kern County of which the City is a successor in interest, and to the public in general, an easement for public road, highway, and public utility purposes, of a width established as adequate for such purpose by the City. The offer to dedicate to the public in general can be accepted by public use, but the easement of road construction thereon shall not become a City roadway until and unless the City Council, by appropriate resolution, has caused said roadway to be accepted into the City road system.

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 ;hg;An existing traveled way where a prescriptive right by user has been established for public use by a Court decree.

Arcades. A place of business where five or more electronic or coin operated games are operated for compensation.

Architectural Features. Any portion of the outer surface of a structure, including, but not limited to, the kind, color and texture of the building material, the type and style of windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.

Architectural Projection. A marquee, fireplace chimney, porch, canopy or similar projection of a building.

Area (Building). The sum in square feet of the areas of the horizontal projections of all structures on a lot excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, patios, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of the building, which features are not directly supported by the ground.

Auction. The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.

Authorized Agent. A person bearing written authority from the property owner to act as the owner's representative.

Automobile/Automotive. Motor vehicles including cars, light duty vans and pick-up trucks, sport utility vehicles, and motorcycles.

Automotive and Light Truck Repair (Minor). Activities including, but not necessarily limited to, automotive and light truck repair, the retail sale of goods and services for automobiles and light trucks (less than six thousand lbs.), and the cleaning and washing of automobiles. Uses typically include, but are not necessarily limited to, brake, muffler and tire shops and automotive drive-through car washes. Heavier automobile repair such as transmission and engine repair and auto body shops shall not be included in this land use type.

Automotive and Light Truck Repair (Major). Activities typically including, but not necessarily limited to, automotive and light truck repair, heavy automobile and truck repair, such as transmission and engine repair, automotive painting and body work, and the installation of major accessories.

Automobile Service Station or Gasoline Service Station. A retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, whose primary use is the dispensing of automotive fuel and motor oil.

Aviary. An outside enclosure within which small birds (excluding poultry or fowl as defined) are kept and raised.

Awning. A permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.

Bar/Cocktail Lounge. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than twenty-five percent of the gross receipts.

Barrier Strip. A strip of land one foot or more in width dedicated to the City for street purposes and access control at the end of a dead end street or along the side or a part-width dedicated street or other public right-of-way.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (sometimes referred to as a 100-year flood).

Basement. Area of the building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast Use. A special accessory use to a one-family residential dwelling where a limited or specified number of guest rooms are made available to transient guests for rent to provide overnight sleeping accommodations on a less than weekly basis. Bed and Breakfast Uses are subdivided into three basic categories as follows:

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 ;hg;Host Home: One-family dwelling containing one to two guest rooms where said dwelling is occupied by the owner of the property.

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 ;hg;Bed and Breakfast Home: One-family dwelling containing three to five guest rooms where said dwelling is occupied by the owner of the property.

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 ;hg;Bed and Breakfast Inn/Lodge: An existing one-family dwelling which has been designated a Historical Structure containing a minimum of six and a maximum of ten guest rooms where said dwelling is occupied by the owner or manager of the property.

Bicycle Locker. A fully enclosed space accessible only to the owner or operator of the bicycle. This space may also serve other purposes.

Bicycle, Monitored Parking. An area for the parking of bicycles which is under constant surveillance.

Bicycle, Restricted Access Parking. Facilities within a locked room or locked enclosure accessible only to the owners or operators of bicycles parked within, or facilities within the common locked garage area(s) of a multiple-family residential development which is accessible only to residents of the units for which the garage is provided.

Bicycle Way. An area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

Billboard. See Signs (Billboard).

Billiard Rooms. A place of business where three or more billiard tables or pool tables are operated for compensation.

Blinder Rack. An opaque device, which serves to obscure the lower two-thirds of any material displaying harmful matter.

Boarding or Rooming House. A building containing a dwelling unit where lodging is provided with or without meals for compensation for seven or more persons.

Bridge. The construction of or addition to a bridge identified in the Circulation Element of the General Plan or is part of a major thoroughfare and spans a waterway, railway, roadway, highway, or freeway.

Building. Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel and having a fixed location upon the ground.

Building, Accessory. A subordinate building, including shelters or swimming pools, the use of which is incidental to that of the main building on the same lot and/or building site.

Building Exposure. The linear measurement of exterior building walls enclosing interior spaces that are facing an outdoor area.

Building Face. The area of one building elevation, either the front, rear, or side.

Building Frontage. The side of a building that contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the Circulation Element of the General Plan shall be considered the building frontage. If all streets are of the same classification, either side of the building may be considered to be the building frontage.

Building Height. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

Building, Main. A building in which is conducted the principal use of the lot and/or building site on which it is situated.

Building Official. The Building Official of the City, or his/her designee.

Building Setback Area (Front). See Table 4.B.

Building Setback Area (Side). See Table 4.B.

Building Setback Area (Rear). See Table 4.B.

Building Site. A legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this Title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

Building Space. Building or portion of a building devoted to a single business interest without direct interior connections to other business interests.

Bulletin Board. A board, kiosk, or wall area not greater than eight square feet on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term, "Bulletin Board" shall not include attraction boards.

Business. A commercial, office, institutional, or industrial establishment.

Business Park. A group of two or more businesses located on a single parcel or contiguous parcels which utilize common off-street parking and access and/or share a common theme.

Cabana. Any portable, demountable, or permanent room, enclosure, or other structure erected, constructed or placed on a mobile home space and used in conjunction with a mobile home, and not used for sleeping purposes.

California Environmental Quality Act (CEQA). "CEQA" means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. A California law which sets forth a process for public agencies to make informed decisions on discretionary project approvals. The process aids decision-makers to determine whether any environmental impacts are associated with a proposed project. It requires environmental impacts associated with a proposed project to be eliminated or reduced, when feasible, and requires that any adopted mitigation measures be enforceable as conditions of project approval.

Canopy (Permanent). A small roof or awning permanently attached to the wall of a structure which is supported by no means other than its attachment to the wall.

Canopy (Temporary). A small roof or awning temporarily attached to the wall of a structure which is supported by no means other than its attachment to the wall.

Card Room. See gaming room, as defined in Section 6.08.010 of the Municipal Code.

Carport. A permanently roofed structure with not more than two enclosed sides used for automobile shelter and storage.

Church. 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 legally recognized denomination are held.

City. The City of Delano, California.

City Council. The City Council of the City.

City Engineer. The Public Works Director/City Engineer of the City, or his/her designee.

City Manager. The City Manager of the City, or his/her designee.

City Standards. All building and development regulations enacted by ordinance, resolution or city policy, including standard drawings prepared by the Public Works Director/City Engineer, showing the nature of various items of improvement work to be constructed and/or made a part of on-site and off-site improvements associated with a development project.

Clubs. An association of persons for some common purpose, but not including groups organized primarily to render service which is customarily carried on as a business.

Co-located. Locating wireless communications antennas and related equipment from more than one provider on a single tower, building, structure, or site.

Combining District. Any district in which the general district regulations are combined with those special districts for the purpose of additional special regulations.

Commercial. Any activity or use of land which involves buying, selling, processing or improving things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor or improver.

Commercial Non-Medical Marijuana Activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products for non-medical purposes.

Communication Antenna. A transmitting or receiving device mounted on a tower, building, or structure, that is designed to transmit or receive communications, as authorized by the Federal Communications Commission, including but not limited to, radiation or capture of electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunicators signals or other communication signals which transmit or receive radio signals. Antennas typically are either in dish, panel, or whip type structures.

Communication Equipment. Any communication antenna or related equipment designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication and Telecommunication Facilities. Includes cable television reception facilities, cellular telephone facilities, centers for employee telecommuting, communication receiving and broadcasting facilities and the like.

Communication Tower. A tower greater than thirty-five feet in height (including antenna) from the ground which supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators' equipment as licensed by the Federal Communication Commission.

Community Care Facility. Elderly housing licensed by the State Health and Welfare Agency, Department of Social Services, typically for residents who are frail and need supervision. Services normally include three meals daily, house-keeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services such as assistance in grooming and bathing, but no nursing care. Sometimes referred to as residential care or personal care.

Community Noise Equivalent Level (CNEL). The equivalent energy (or energy average) sound level during a twenty-four-hour day, obtained after addition of approximately five decibels to sound levels in the evening from seven o'clock p.m. to ten o'clock p.m. and ten decibels to sound levels in the night from ten o'clock p.m. to seven o'clock a.m. The CNEL is generally computed for annual average conditions and shall be computed as prescribed by Title 25 of the Administrative Code of the State of California.

Community Services District. A community services district that has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.

Condominium. An estate in real property consisting of an undivided interest in real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 1351(f).

Conservation Zone. An area of the City, whether commercial or residential, a majority of whose buildings are fifty years old or older, which the City wishes to maintain and revitalize so as to emphasize their importance to the past, present, and future of the City.

Construction (New). Structures for which the "start of construction" commenced on or after the effective date of this Code.

Construction (Start of, Substantial). The placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as a principal use as defined by the District within which the property is located.

Contiguous Parcels. Adjacent parcels of land, which shall be considered contiguous even if separated by roads, streets, utility easements, alleys, or railroad rights-of-way.

Convalescent Care. A facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the Kern 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 alcoholics, drug addicts, 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 the same and having a gross floor area of less than five thousand square feet.

County. The County of Kern, California.

County Assessor. The County Assessor of the County of Kern.

County Recorder. The County Recorder of the County.

Coverage (Lot or Site). "Lot or Site Coverage" shall mean the ratio between the ground gross floor area of the building or buildings and the lot area.

Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Day Care Facility. A facility which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Day care facility includes family day care homes, infant centers, preschools, and extended day care facilities. A "family day care home" is a day care facility located in a residence which regularly provides care, protection, and supervision of children from more than one other family, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away and includes the following:

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 ;hg;"Large family day care facility" are those which provide family day care for nine to fourteen children, including children who reside at the home.

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 ;hg;"Small family day care facility" are those which provide family day care to six or fewer children, including children who reside at the home.

Delivery. The commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by retailer, or independently licensed under Proposition 64 that enables customers to arrange for or facilitate the commercial transfer by a State licensed retailer of marijuana or marijuana products.

Demolition. Any act or process that destroys in part or in whole a structure.

Density. The number of permanent dwelling units per unit of land.

Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location. For example, under California law, a housing development that provides twenty percent of its units for lower income households, or ten percent of its units for very low income households, or fifty percent of its units for seniors, may be entitled to a density bonus.

Design Guidelines. The principles contained in a document that illustrates appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character of a cultural resource.

Designated Site. A parcel or part thereof on which a cultural resource is or has been situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a cultural resource.

Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, excavation or drilling operations.

Development Agreement. An agreement between the City and project applicant pursuant to Section 20.2.70 of this Title) specifying at a minimum the use, density or intensity of use, the maximum height and size of proposed buildings, and provisions for the reservation or dedication of land for public purposes for a proposed development project. A development agreement may also include other conditions, terms and restrictions, and requirements for subsequent discretionary actions.

Development Project. Any of the following:

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 ;hg;A project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five or more living units.

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 ;hg;Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

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 ;hg;The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this ordinance are only required to serve the needs of the living units that utilize the solid waste collection and loading area.

Dish Antenna. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

Dripline. A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rain water tends to drip from the tree.

Drive-Through Facility. A facility, including a restaurant, which, by its design, allows people to receive goods and/or services while remaining in their automobiles.

Drive-Through Restaurant. A place of business that sells food products or beverages and which:

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 ;hg;Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter, or similar method or device; or

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 ;hg;Delivers such food products or beverages to customers within a building that is designed in such a manner that a majority of the customers will remove such food products or beverages from the building.

Dwelling. A building or a portion thereof designed and used exclusively for residential occupancy; including single and multiple-family dwellings; including mobile homes and manufactured housing, but not including hotels, motels, boarding houses or trailers.

Dwelling (Multifamily). A building containing two or more dwelling units; or two or more dwelling units, either attached or detached, on one lot.

Dwelling (Single-Family). A building containing one dwelling unit on one lot.

Dwelling Unit. A building or mobile home or portion thereof, designed for residential occupancy for not more than one family.

Easement. The right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies may have easements on private properties to be able to install and maintain utility facilities.

Edge of a Right-of-Way. A measurement from the limit of the public right-of-way measured along a line equidistant from and parallel to the centerline of the freeway, highway, or roadway.

Educational Institutions. Public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary, or collegiate levels, and including graduate schools, universities, research institutions and religious institutions. Such institutions must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education, confer degrees as a college or university of undergraduate or graduate standing, conduct academic or scientific research, or give religious instruction. This definition does not include commercial or trade schools.

Entertainment (Live). This term, when used in this Title in connection with the performing arts and other methods of live performances by entertainers, shall apply to the following activities where they occur on a scheduled basis three or more days during a calendar year on the site of a use other than a public or semi-public use:

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 ;hg;A musical, theatrical or dance recital performed by one or more persons, regardless of whether performers are compensated; and

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 ;hg;A fashion show, except when conducted within an enclosed building used primarily for manufacture or sale of clothing.

Environmental Constraint Note. Any note or notes required by the conditions of approval to be shown on an Environmental Constraint Sheet and reference made thereto on the final map. This shall be required when constraints involving (but not limited to) any of the following are conditioned by the City Council: Archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, fire protection, water availability, sewage disposal, and signalization mitigation.

Environmental Constraint Sheet. A duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed simultaneously with the final map, with the City Engineer and labeled Environmental Constraint Sheet in the top margin. Applicable items will be shown under a heading labeled Environmental Constraint Notes. The Environmental Constraint Sheet shall contain the following, or a similar statement: "The Environmental Constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet."

Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. This term is synonymous with an environmental impact statement (EIS) as defined in federal law.

Farm or Farm Parcel. A tract of land containing at least twenty acres, devoted primarily to agricultural uses, together with a dwelling and/or other accessory uses.

Farmers' Market. A public market at which farmers and often other vendors sell produce directly to consumers.

Farm-Related Business. A business operated on a farm parcel, related to or supportive of agricultural activities, such as cold storage, sheds, maintenance shops, farm implement repair, and/or roadside sale of agricultural products.

Fast-Food Restaurant. Any retail establishment intended primarily to provide short-order food services for on-site dining and/or take-out, including self-serve restaurants (excluding cafeterias where food is consumed on the premises), drive-through restaurants, and formula restaurants required by contract or other arrangement to offer standardized menus, ingredients, and fast-food preparation.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors.

FEMA. Federal Emergency Management Agency.

Fence. Any structural device forming a physical barrier by means of hedge, wood, metal, chain, brick, stake, plastic or other similar materials.

Fire Hydrant. An appliance meeting City standards and approved by the fire department having jurisdiction that has the suppression of fires as its primary function.

Flat Roof. Flat Roof shall mean a roof which is horizontal without a sloping, pitched, or mansard portion above.

Flood Boundary and Floodway Map. The official map on which FEMA or the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

Flood Hazard Area. An area having special flood, mudslide (i.e., mud flow) and/or flood-related erosion hazards, as shown on a Sectional District Map, Flood Insurance Rate Map (FIRM) or Flood boundary and Floodway Map. The following categories may be referenced as flood hazard areas:

Area of Shallow Flooding: A designated AO, AH, or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.

Area of Special Flood Hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Area of Special Flood-Related Erosion Hazard: The area subject to severe flood-related erosion loses. The area is designated as Zone E on the FIRM.

Flood Insurance Rate Map, Flood Boundary, and Floodway Map. The official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

Flood Insurance Study. The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the boundaries and the water surface elevations of the base floods.

Floodplain. The land area adjacent to a watercourse, and/or other land areas susceptible to being inundated by water from any source (see definition of "Flood or Flooding").

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provides standards for the purpose of flood damage prevention and reduction.

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.

Flood-Related Erosion. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water unanticipated force of nature, such as a flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Floodway. The channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the design flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the floodplain.

Floor Area (Gross). The total enclosed area of all floors of a building measured to the inside face of the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, excluding uncovered vehicle parking and loading areas.

Floor Area (Net). The total building floor area excluding garages, hallways, lobbies, elevators and other common spaces.

Floor Area Ratio (FAR). The numerical value obtained by dividing the above ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

Freeway. A divided arterial highway for through traffic with full control of access and with grade separations at intersections.

Freeway Building Frontage. A building wall parallel or nearly parallel to an adjacent freeway.

Front Footage of Building Occupancy. The single lineal dimension measured at the ground floor along the building frontage that defines the limits of the particular occupancy at that location.

Frontage (Building). The side or face of the building that is parallel to or is at an angle of forty-five degrees or less to a public street or a public parking area.

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

Frontage (Street or Highway). That portion of a lot or parcel of land that borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway.

Fruit/Vegetable Stand. Temporary structure used for the sale of cultivated fruits and/or vegetables grown on-site.

Gaming Room. As defined in Section 6.08.010 of the Municipal Code.

Garage. A permanently roofed structure with three enclosed sides and a garage door which is used for automobile shelter and storage.

Garage (Private). A detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.

Garage (Public). Any garage other than a private garage.

General Plan. The City General Plan, as adopted by the City Council and subsequently amended.

Grade (Existing). The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this Title.

Groundwater Recharge. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water-holding rocks that provide underground storage ("aquifers").

Grove. A planting of fruit or nut trees or other manmade planting of trees without underbrush.

Guest Quarters. Living quarters located on the same premises with the primary dwelling unit or attached to the main portion of the primary dwelling unit for the sole use of persons employed on the premises, members of the family living in the primary dwelling unit, or for temporary use by guests of the family living on the premises. Such quarters shall have no kitchen and shall not be rented or leased or otherwise used as a separate dwelling.

Guest Room. Any rented or leased room which is used or designed to provide sleeping accommodations for one or more guests in apartments, hotels, motels, private clubs, lodges and fraternal organizations. In a suite of rooms, each room that provides access to a common hall or direct access to the outside area shall be considered as one guest room.

Harmful Matter. As defined in accord with Penal Code § 313(a)(1)(2), means matter which, when taken as a whole, appeals predominately to the prurient interests of the average person and, when applying contemporary state-wide standards with respect to what is suitable material for minors, lacks significant literary, artistic, political, educational, or scientific value for minors.

Hazardous Material. Any flammable explosives, radioactive materials, asbestos, PBC's hazardous waste, toxic substances or related materials, including, without limitation, substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Hazardous Materials Transportation Act, 49 USC, Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws.

Height. A vertical dimension measured from existing grade unless otherwise specified.

Herbicide. A chemical used to kill plants (a class of pesticide).

Historic Landmark. Any object designated as an historic landmark by City Council action.

Home Occupations. Any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes, as provided in Section 20.11.170 of this Title.

Hospital. An institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

Hotel. A structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation.

Household. All those persons, related or unrelated, who occupy a single housing unit (See "Family").

Housing, Emergency and Homeless Shelters. Emergency and homeless [shelters] are defined as housing with minimal supportive services for homeless persons that is limited occupancy of six months or less by a homeless person and that it's not withheld due to a client's inability to pay.

Housing, Secondary. Residential occupancy of a living unit located on the same parcel as the principal unit. In a commercial land use district, secondary housing, upon obtaining an approved conditional use permit in conjunction with a commercial land use, may be located either above the first floor, or if on the ground floor not on the street frontage. In a residential land use district the provision of Section 20.11.200 of this Title shall apply. Also called second dwelling units.

Housing, Special Needs. Special needs housing means housing for disabled persons with special or supportive services that allow them to live independently.

Housing, Transitional and Supportive. Transitional housing is housing with supportive services that is limited to occupancy of up to twenty-four months that is exclusively designated and targeted for recently homeless persons.

Hunting Clubs. See Clubs.

Idle. To curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (California Public Resources Code, Sec. 2727.1).

Illumination (Direct). Illumination by means of light that travels directly from its source to the viewer's eye.

Illumination (Indirect). Illumination by means only of light cast upon an opaque surface from a concealed source.

Improvement. Such street work and utilities to be installed or agreed to be installed, by a subdivider or developer on land to be used for public or private streets, highways, and easements, as are necessary for the general use of the parcel owners and local neighborhood traffic; and drainage and flood control needs as a condition of approval precedent to the approval and acceptance of a final map or issuance of a Certificate of Occupancy. "Improvement" also refers to such other specific improvements or types of improvements, the installation of which, whether by the subdivider or developer, by private or public utilities, or by any other entity approved by the City, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Improvement Standards. The standards for improvements set forth in this and other regulations related to the development of land within the City of Delano.

Intensive Agricultural Use. Agricultural activities that typically are associated with one or more of the following impacts: Strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and/or manure piles.

Kennel (Commercial). Any kennel maintained for the purpose of boarding, marketing, breeding, raising or training dogs and/or cats over the age of four months for a fee or for sale.

Kennel (Noncommercial). Any property where seven or more dogs and/or cats over the age of four months, are kept or maintained for the use and enjoyment of the occupant for noncommercial purposes.

Kiosk. Any Off-Site Subdivision or Business Directional Sign or structure, of four sides or less, typically constructed of four inches by six inches posts upon which Business Directional or Subdivision Signs may be mounted.

Kitchen. A room, or any portion of a room, used for cooking and/or preparation of foods.

Land Project. A subdivision as defined in Section 11000.5 of the Business and Professions Code.

Landscaping. The planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination of 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. Organic materials, such as trees shrubs, etc., are referred to as "soft" landscape. Inorganic materials such as stone, masonry products, etc. are referred to as "hard" landscape.

Livestock. Domestic or useful animals normally kept or reared on a farm or ranch for work, breeding, fattening, or other purposes including, but not limited to, horses, bovines, sheep, swine, and goats.

Logo. Logo shall mean a trademark or symbol of an organization or business.

Lot. A site or parcel of land under one ownership having frontage upon a street, other than an alley, or a private easement determined by the Community Development Director to be adequate for purposes of access.

Lot (Area). The horizontal area within the property lines excluding area to be included in future street right-of-way as established by dedication.

Lot (Corner). A site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.

Lot (Depth). The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot (Double Frontage). An interior lot having frontage on more than one street.

Lot (Flag or Corridor). A lot with access provided to the bulk of the lot by means of a narrow corridor.

Lot (Interior). A lot other than a corner lot.

Lot (Key). The first interior lot to the rear of a reversed corner lot.

Lot Line. A line of record that divides one lot from another lot or from a public or private street or any other public space.

Lot (Nonconforming). A lot which when lawfully created or established, complied with the width, depth, and area requirements of the district where located, but which does not conform to the presently existing area or width and depth regulations of the district where located, or which does not conform to the presently existing requirements of the Subdivision Ordinance governing lot standards.

Lot (Reversed Corner). A corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.

Lot (Width). The average horizontal distance between the side lot lines, measured at right angles to the lot depth as a point midway between the front and rear lot lines.

Low or Moderate Income Households. Persons and families whose income does not exceed one hundred percent of low income or one hundred twenty percent of moderate income of Kern County median income.

Lower Income Households. Persons and families whose income does not exceed eighty percent of Kern County median income, adjusted for family size and revised from time to time.

Mansard Roof. A sloped roof or roof-like facade above and architecturally compatible to a building wall.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for more than one hundred eighty consecutive days.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

Marijuana. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include (a) industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; (b) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product; and (c) marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.4 of Division 8 of the Business and Professions Code.

Marijuana Cultivation. The planting, cultivating, harvesting, drying, processing, or storage of any marijuana or any part thereof in any location.

Massage Parlor. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. Massage parlors, as referred to in this Title, do not include the following:

1.

A medical establishment including professional offices where massage is administered by a physician, surgeon, chiropractor, osteopath, physical therapist, nurse or any other person licensed to practice a healing art under the provisions of the California Business and Professions Code when engaging in such practice within the scope of his or her license, or by an individual acting under the direction and control of any of the aforelisted licensed professionals on the premises of the medical establishment.

2.

Hospital, medical clinic, nursing home, sanatorium, or other major medical or mental facility duly licensed under the laws of the State of California.

3.

Barbershop or beauty salon where massage is limited to the head, scalp, neck, or back and is administered by barbers or cosmetologists licensed under the laws of the State of California.

4.

Any school or institution of higher education including a community or junior college, college or university whose course of study is approved by the State Department of Education or Superintendent of Public Instruction where massage is administered or taught by authorized school employees in conjunction with athletic training programs, training in the healing arts or other school courses.

5.

Any athletic club, health club, country club, gymnasium, reducing salon, beauty salon, or similar establishment, where massage is offered as an incidental or accessory service to its primary program of sport, exercise, athletic training, weight reduction or beauty care.

Matter. As defined in accordance with Penal Code § 313(b), means any book magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.

Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Medical Marijuana Dispensary, Cooperative or Collective. Any facility or location where medical marijuana is made available to and/or distributed by or to two or more of the following: a "primary caregiver," a "qualified patient," or "a person with an identification card," as these terms are defined in California Health and Safety Code Section 11362.7.

A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

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

Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances. These include, but are not limited to, sand, gravel, coal, peat and bituminous rock; but exclude geothermal resources, natural gas and petroleum.

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

Mining Operations (Surface). All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

•

 ;hg;In-place distillation, retorting or leaching.

•

 ;hg;Production and disposal of mining waste.

•

 ;hg;Prospecting and exploratory activities.

Mining Operator. Any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

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

Minor. Any person under the age of eighteen years.

Minor Change. For purposes of provisions of this Title relating to the subdivision of land only, "minor change" shall mean a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.

Mixed-Use Development. A development project that integrates allowed nonresidential uses and allowed residential uses within the same building and/or parcel.

Mobile Home. A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Mobile Home Park. Any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

Monopole. A structure composed of a single spire used to support communications equipment.

Motel. See "Hotel."

Municipal Code. The Municipal Code of the City, as amended.

New Construction. For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.

Natural Feature. Any tree, plant form, geographical or geological site or feature subject to this Title.

Nonconforming Use. A lawfully established and maintained use which does not conform with the development standards for site area per dwelling unit or density for the district in which the use is located by reason of adoption or amendment of this Title, or a lawfully established and maintained use of a structure or land which does not conform with the use regulations for the district in which it is located by reason of adoption or amendment of this Title.

Nuisance. An interference with the enjoyment and use of property.

Object. A material thing of functional, aesthetic, cultural, symbolic, or scientific value.

Occupancy. Each separate use of property conducted on the entire lot or within a building or any portion thereof.

Off-Site Sale. The sale of packaged alcoholic beverages, including beer, wine, and distilled spirits for consumption off the premises where sold.

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

Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

Official Plan Line. A precise line that establishes future rights-of-way along any portion of an existing or proposed street or highway depicted on a map showing the streets and lot line or lines and the proposed right-of-way lines, and the distance thereof from the established centerline of the street or highway, or from existing or established property lines.

Oil Field. An area containing a proved subterranean store of petroleum of economic value.

Oil Field (Developed). Defined area containing equipment for the purpose of extracting subterranean oil deposits that includes, but is not limited to, derricks, storage facilities, drilling equipment, temporary office and storage buildings.

Oil or Gas Exploration by Scientific Means. The search for natural accumulations of oil and gas by any geological, geophysical, or other suitable means.

On-Site Sale. The sale of alcoholic beverages including beer, wine, and distilled spirits for consumption on the premises where sold.

One Hundred (100)-Year Flood. See Base Flood.

Open Space (Usable). Outdoor space that serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be six feet excluding required front yards.

Ordinary Maintenance and Repair. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same, to its condition prior to the occurrence of such deterioration or damage.

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

Owner of Record. Identification of the property owner record in the office of the Kern County Recorder.

Parapet. See Mansard.

Park (private). A parcel or parcel of land, which is open and available for use only by private ownership, membership, or some other mechanism that precludes use of the park by members of the general public.

Park (public). A parcel or parcels of land, which is open and available for use by the general public and which serves the active and passive recreational needs of the public.

Parking Facilities. Parking lots and structures.

Parking, Shared. A situation where the same parking spaces can be utilized by two or more different uses due to the differing peak hours of operation of the uses involved.

Parking Space. A readily accessible area, within a structure or surface parking area, exclusive of aisles, driveways, ramps and columns, maintained exclusively for the parking of one vehicle.

Parking Structure. A structure used for the parking of vehicles where parking is accommodated on two or more levels.

Parking (Tandem). Parking space configuration where two or more parking spaces are lined up one behind the other.

Permitted Use. A land use that is allowed by right in a particular zone or district without approval of a conditional use permit, which meets the performance standards within this Title.

Person. Any individual, firm, association, corporation, organization, partnership, entity; any city, county, district, state; or any department or agency thereof, or other group acting as a unit.

Pitched Roof. Pitched or Gabled Roof shall mean a ridge roof with sloping ends over the building walls.

Place or Erect. The verbs to place or erect shall mean and include to place, construct, erect, re-erect, alter, install, enlarge, move, improve, convert, paint or equip.

Place of Worship Seating Area. The gross floor area of the main assembly hall or auditorium of a place of worship that must be identified for the purpose of calculating parking requirements when fixed seats are not provided. Only the actual seating area (including aisles) shall be counted. The final determination as to what constitutes the "Place of Worship Seating Area" shall be made by the Community Development Director.

Poster. A sign, temporary in nature and usually on paper or cardboard, used to advertise a coming event or attraction.

Pre-Existing. In existence prior to the effective date of the ordinance enacting this Title.

Preservation. The identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.

Processing Facility. A building or enclosed space used for the collection and processing of recycling 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, mechanical sorting, shredding, cleaning, and manufacturing. Processing Facilities include the following:

•

 ;hg;A Light Processing Facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light Processing Facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a Certified Processing Facility. A Light Processing Facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

•

 ;hg;A Heavy Processing Facility is any processing facility other than a Light Processing Facility.

Project. Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Title.

Property Line (Front). The shortest boundary line of a lot that is coterminous with a street line. Boundary lines of a double frontage lot that are coterminous with street lines shall be front property lines. When the boundary lines of a corner lot, which are coterminous with street lines, are of equal or substantially equal lengths, the front lot line shall be determined by the Community Development Director. In determining the front lot line, the Community Development Director shall take into consideration the character of the improvements in the neighborhood of the lot, the relative impact to abutting property owners from the establishment of either of such boundaries as a front lot line, the character of the building proposed to be constructed and the distance that the buildings are set back from the lot lines of the two streets on which the lot in question abuts.

Property Line (Interior). A lot line not abutting a street.

Property Line (Rear). A lot line that is parallel or approximately parallel to the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

Property Line (Side). Any lot line that is not a front lot line, nor a rear lot line.

Property Line (Streetside). A side lot line abutting a street.

Proposition 64. The Control, Regulate and Tax Adult Use of Marijuana Act.

Public Access. "Public Access" shall mean:

•

 ;hg;A dedication to public use or to the City and constructed to the required width for road purposes.

•

 ;hg;A permanent written easement for road purposes to the required width from the State or Federal Government.

•

 ;hg;An access road as defined in this Section that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the City Engineer.

Public Use. A use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.

Public Works Director/City Engineer. The Public Works Director/City Engineer of the City, or his/her designee.

Qualifying Resident. Any person sixty-two years of age or older in a project of one hundred fifty residential units or fewer or any person fifty-five years of age or older in a project of greater than one hundred fifty residential units.

Quasi-Public Use. A use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like.

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

Recreational Vehicle. A motorhome, travel trailer, truck or van camper, tent trailer, camping trailer or trailer-borne recreation equipment with or without motive power, for recreational, travel or emergency purposes. "Recreation vehicle" shall also include boats, boat trailers, and recreational off-road vehicles.

Recreational Vehicle Park. Any area or tract of land where one or more lots are to be rented, leased or held out for rent or lease to owners or users of recreational vehicles or tents used for travel or recreational purposes and which are occupied on a temporary and transient basis.

Remedy a Violation. To bring the structure or other development into compliance with Federal, State or local laws.

Residential Congregate Care Facility. A facility that provides adult day care or twenty-four-hour nonmedical living accommodation up to six residents. Duration of stay is determined by residents' participation in group or individual activities. These types of facilities include counseling, recovery, and/or medical/therapeutic assistance per Health Facility - Health and Safety Code 1250, Community Care Facility - Health and Safety Code 1500, Residential Care Facilities for Elderly - Health and Safety Code 1569, and Alcohol/Drug Abuse Treatment Recover - Health and Safety Code 11384.11.

Restaurant, Bona Fide. A place which is regularly used and kept open for the primary purpose of serving meals to guests for compensation and which maintains a minimum of fifty-one percent of its gross receipts from the sales of meals. For the purpose of verifying compliance with the foregoing sales requirement, the sales receipts, accounting ledgers, and any other business records pertaining to the sales of food and alcohol shall be open for inspection by the Chief of Police or his or her designee during regular business hours of the restaurant upon seventy-two hours prior written notice.

Room (Habitable). A room meeting the requirements of this Title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

Self-service storage facility. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Sign. Any medium for visual communication, including copy, structure and component parts, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. This definition shall not include the display of the American flag, State flag, or other similar political entities.

Sign (Accessory). A sign whose copy refers to the products, facilities, or services available on the premises. Accessory window signs shall include also temporary posters attached to windows or placed within five feet of any window and legible off the site.

Sign (Attraction Board). A sign capable of supporting copy which is readily changeable, such as a theater marquee, and which refers to products, services or coming events on the premises.

Sign (Banner, Flag, Pennant or Balloon). A visual display device, with or without copy, which can vary in shape and is normally made of flexible material, such as cloth, paper or plastic.

Sign (Building-Mounted). A sign affixed to a building, including awnings and windows.

Sign (Business Identification). A sign whose copy is limited to the name, type of business, and address of a building, business, office, establishment, person, or activity on the premises where the sign is located.

Sign (Cabinet). A building-mounted sign which consists of a single, internally lighted cabinet with the sign's lettering applied to that face rather than separate letters or figures mounted individually onto a wall or building (e.g., Channel Letters).

Sign (Canopy or Awning). A sign painted, placed or installed on any awning or canopy.

Sign (Channel Letters). A sign consisting of individual letters or figures mounted separately on the wall or structure to spell out or otherwise represent a sign's message copy.

Sign (Construction). A sign containing information pertaining to a future development on a site where the sign is located, including the name of the product, developer, contractor, architect, financing source, future occupants and other information directly related to the development.

Sign (Convenience). A sign that conveys information such as "restrooms," "no parking," "entrance," or minor business identification for directional purposes, and is designed to be viewed on site by pedestrians and/or motorists.

Sign (Copy). Any words, letters, numbers, figures, designs or other symbolic representations incorporated onto the face of a sign.

Sign (Directional). A sign directing motorists or pedestrians to parking or building facilities, or providing similar directional information.

Sign (Directory). A sign to identify the name of the occupants within a business or residential complex.

Sign (Electronic Message). A sign having the capacity of presenting variable message displays by projecting an electronically-controlled light pattern against a contrasting background to change messages by electronic process, or by remote control.

Sign (Exempt). A sign which is designated in Title 20 of the Municipal Code as not subject to certain regulations of said Code.

Sign (Face). The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.

Sign (Freestanding). A sign supported upon the ground and not attached to any building.

Sign Height (Freestanding Sign). The greatest vertical distance between the top of the sign, including any accompanying architectural features of the sign, and the elevation measured at the roadbed of the nearest street.

Sign Height (Wall or Building-Mounted Sign). The distance between the top of the sign panel inserted into or placed on the wall and the roadbed of the nearest street.

Sign (Identification). A sign whose copy is limited to the name, type of business, and address of a building, business, office, establishment, person, or activity, on the premises where the sign is located.

Sign (Identification, Major). An identification sign facing the public streets or pedestrian paths providing primary access to the premises identified by the sign.

Sign (Identification, Secondary). Any identification sign other than a major identification sign.

Sign (Illuminated). A sign in which a source of light is used in order to make readable the message or attract attention to the sign. This definition shall include internally and externally lighted signs and glowing or radiating signs.

Sign (Monument). A freestanding sign whose support structure shall be a solid base constructed of a permanent material such as concrete block or brick.

Sign (Nonconforming). A sign, outdoor advertising structure or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, illumination or movement for the district in which it is located by reason of adoption or amendment of this Title.

Sign (Off-Site Advertising Sign). A sign referring to any person, establishment, merchandise, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the premises upon which 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-Oriented). A small sign readable primarily from the abutting sidewalk or other walkway, but not generally from the street.

Sign Permit. An entitlement from the City to place, erect, or alter a sign.

Sign (Pole). A freestanding on-site sign whose support structures consist of bare members only and that have no architectural forms and detailing utilized to hide the steel or wood members used to support the basic sign structure. These signs do not include signs whose support structures consist of decorative timbers or masonry structures.

Sign (Political). A sign whose text indicates any one or a combination of the following: (a) the name and/or picture of an individual seeking election or appointment to public office; or (b) related to a forthcoming public election, initiative, or referendum.

Sign (Portable). Any sign designated to be moved easily and which is not permanently affixed to either the ground, structure, or a building.

Sign Program (Planned). A plan providing coordinated signing for a business or a contiguous group of businesses and utilizing one or more common design elements such as colors, materials, lettering, illumination, sign type, and sign shape.

Sign Review Authority. The entity that has been given the authority by this Title to review and approve or disapprove a sign or Planned Sign Program, or any appeals or variances connected with such signs. The reviewing authorities include the City Council, Planning Commission, and the Planning Director or her/his Designee.

Sign Size or Area. The entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

Sign (Special Event). A temporary sign which advertises special events and activities such as grand openings, special sales, charitable events, Christmas trees, fireworks and other commercial and noncommercial events. Such signs are limited to the provisions listed in this Title.

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

Sign (Subdivision). An on-site or off-site sign advertising the original sale, leasing, or renting of units within a subdivision.

Sign (Surface Area). The area of a sign as measured by the smallest geometric form such as a square, rectangle, triangle, or circle, or combination thereof, which will encompass the face of the sign on which the message is displayed.

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 or marquee.

Sign (Window). Any written representation, emblem, or other figure or similar character painted on or otherwise affixed or oriented to a window.

Significant Feature. The natural or manmade elements embodying style or type of cultural resource, design, or general arrangement and components of an improvement, including but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

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

Specific Plan. A plan as defined in California Government Code Section 65450.

Stable (Commercial). A stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

State Geologist. The individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

Stealth Facility. Any communications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. Stealth facilities are also referred to as concealed antennas.

Stockyard. Enclosure for the holding of cattle, swine, horses and other domestic animals kept for slaughter, market, or shipping.

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 above. The basement or cellar shall not be considered a story unless the upper surface of the floor above is more than six feet above the average level of the highest and lowest points of the ground surface immediately adjacent to the exterior walls of the building.

Street, Highway, or Public Right-Of-Way. A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, providing the primary roadway to and egress from the property abutting thereon.

Street, Arterial. A highway intended to serve through traffic, where access rights are restricted and intersections with other streets or highways may be limited.

Street, Collector. A street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed six hundred sixty feet in length when so used.

Street, Cul-de-Sac. A road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

Street, Expressway. A highway for through traffic to which access from abutting property is restricted and which intersections with other streets or highways shall be limited to approximately one-half mile intervals.

Street, Highway. Highway shall mean roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

Street (Private). A private reciprocal easement providing the primary roadway to and egress from the property abutting thereon.

Storm, 100-Year Frequency. A storm that will probably be equaled or exceeded on the average of once every one hundred years. It does not follow, however, that such a storm will be equaled or exceeded once in every one hundred-year period, or that, having occurred once, it will not occur again for one hundred years. It may occur several times in a one hundred-year period, but over a sufficient length of time the average is expected to be once in one hundred years.

Structure. Anything constructed or erected that requires a location on the ground, including a building or a swimming pool.

Structural Alteration. Any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

Structure (Main). A structure housing the principal use of a site or functioning as the principal use.

Structure, Nonconforming. A structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this Title.

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

Subdivision. The division, by any subdivider, of any unit of improved or unimproved land, or any portion 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 or agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is 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, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in
, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing livestock.

Substantial Change. A revision to an adopted or proposed application or permit which would increase the intensity of site use or project-related traffic, increase the environmental impacts of the development, require a modification of approval findings, or modify conditions of approval specifically imposed by the approving body.

Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

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 ;hg;Before the improvement or repair is started; or

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 ;hg;If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Swimming Pools and Hot Tubs. Water-filled enclosures having a depth of eighteen inches or more used for swimming or recreation.

Tattooing. The act or process of marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars.

Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon expiration of the fixed time period.

Tentative Map, Revised. A modification of an approved tentative map wherein the design of the subdivision is substantially changed from the approved tentative map.

Theme Park. See Amusement/Theme Parks.

Trailer. Any vehicle or structure used for sleeping, living, business, or storage purposes and having no foundation, other than wheels, blocks, skids, jacks, or skirting, and which is, has been, or reasonably may be equipped with wheels or other devices for transportation the structure form place to place.

Trailer (Nonresidential). Any trailer designed for use as a construction building, temporary office, or the like.

Trailer (Travel). A vehicle, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet in width.

Tree Expert. A California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arborists.

Truck (Large). A truck weighing eleven thousand five hundred gross pounds or more unloaded.

Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged for which either a site or a structure is or may be occupied or maintained.

Used. Arranged, designed, constructed, altered, rented, leased, sold, occupied and intended to be occupied.

Variance. A grant of relief from the requirements of the Municipal Code that permits construction, or use of land, in a manner that would otherwise be prohibited by the Municipal Code as provided in Section 20.2.60 of this Title.

Vehicle. See "Automobile."

Visible. Likely to be noticed by a person of average height walking on a street or sidewalk.

Walkway. Walkway shall mean a sidewalk or other pathway for pedestrian use.

Warehousing. The use of a building or buildings for the storage of goods of any type, when such building or buildings contain more than five hundred square feet of storage space and where no retail operation is conducted.

Warehouse (Mini). See Self-service storage facility.

Whip Antenna. An antenna that transmits signals in three hundred sixty degrees. Whip antennae are typically cylindrical in shape and are less than six inches in diameter and measure up to eighteen feet in height. Also called omnidirectional, stick, or pipe antennas.

Wild Animal. Any dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.

Wireless Communications Facility. A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. Communications facilities include structures or towers, and accessory buildings.

Wholesaling. The selling of any type of goods for purpose of resale.

Yard or Court. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this Title, including a front yard, side yard, rear yard or court between structures.

Yard (Front). A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

Yard (Rear). A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting a street.

Yard (Side). A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.

Yard (Junk or Salvage). An area, improved or unimproved in excess of two hundred square feet that:

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Upon which or in which is stored or kept junk, salvage materials, scrap metals, inoperative vehicles or equipment, or any combination thereof; or

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Upon which or in which vehicles or equipment or other property is dismantled or wrecked; or

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Upon which or in which salvage materials, inoperative vehicles, equipment or parts therefrom, scrap metals, or any combination thereof is kept for resale.

Materials or equipment kept on any premises for use in the construction of any building on such premises, and materials and equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" or "salvage material" within the meaning of this subsection.

Zoning District. Those classifications of land, as included herein and identified on the Zoning Map, which regulate land use and establish standards by which the land may be developed and utilized.

Zoning Map, Official. A map of the City that shows the various zone districts determining the permitted uses and required development standards for each parcel within the City's jurisdiction.

(Ord. No. 2013-1270, § 1(Exh. A), 11-18-2013; Ord. No. 2015-1275, § 1(Exh. A), 6-15-2015; Ord. No. 2015-1277, § 1(Exh. A), 12-7-2015; Ord. No. 2016-1288, 12-19-2016; Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)