Chapter 17.152 — GENERAL DEFINITIONS

modified

For the purpose of carrying out the intent of this title, certain terms and words are herein defined and they shall have the meaning ascribed to them as follows. Headings contained in this chapter shall not be construed to govern, modify, limit or in any manner affect the scope, meaning and/or intent of any definition thereof. Definitions can be classified into three (3) main categories: intentional (which try to give the sense of a term); extensional (which try to list the objects that a term describes); and ostensive (which convey the meaning of a term by pointing out examples). In the event that any definition, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition shall control.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

"Abandoned" or "abandonment" means a use is either vacated, the business license lapses, the lease is terminated and/or the utilities are terminated for a period greater than one year.

"Abatement" means the process by which the city requires removal of signs that do not conform to the provisions of this chapter and/or the process by which the city requires conformance to the provisions of this chapter.

"Abutting," "adjoining" or "adjacent" means having a common property or district line, or separated only by an alley, path, shared driveway, private street or easement.

"Access easements" means a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land. An easement that benefits adjoining property, such as a driveway, is termed an "appurtenant easement." An easement that does not benefit a particular tract of land, such as a utility easement, is termed an "easement in gross." Access easements are recorded in a County Clerk's office and run with the land.

"Act of nature" means an occurrence such as an earthquake, fire, flood, tidal wave, hurricane or tornado, which can cause substantial damage to buildings or property.

"Advertise" means public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.

"Alley" means a public way permanently reserved as a secondary means of access to an abutting property, typically from the rear or side of the property. Alleys typically have a paved width of less than thirty-five (35) feet.

"Alteration" means any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alterations include changes in exterior surfaces, changes in materials, additions, remodels, demolitions and relocation of buildings or structures. However, it shall exclude ordinary maintenance and repairs.

"Ambient noise" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location and within a certain time period.

"Amortization period" means the process by which nonconforming uses or structures must be eliminated or made to conform to requirements of the current zoning regulations at the end of a certain period of time. The period time, called an amortization period, allows the property owner a return on their investment on the property.

"Animal keeping" means providing food, water, or shelter to horses or large animals and includes the possessing, housing, controlling, exercising, maintaining, grazing, riding, leading, tying, tethering, hitching, stabling, harboring of such horses or large animals and the allowance of such horses or large animals to run at-large.

"Applicant" or "project applicant" means the individual or entity submitting an application for a Planning Division related permit. A project applicant may be the property owner or his or her designee.

"Approval authority" means the commission or official responsible for review of permit applications and vested with the authority to approve or deny such applications. Refer to Section 17.10.050 (General Regulations—Planning Authorities) of this title for a list of authorities and the permits they are authorized to review.

"Balcony" means a platform on an upper floor of a building which projects more than two (2) feet from the building surface and is accessible from the building's interior, is not accessible from the ground and is not fully enclosed.

"Bathroom" means a room containing a sink and toilet. It may also include a shower and/or a bathtub.

"Bay window" means an angular or curved window that projects from the building surface. Bay windows can be in residential and nonresidential buildings and can be on the ground level or an upper level of the building.

"Bedroom" means a space in a dwelling unit, Accessory Dwelling Unit (ADU) or Junior ADU other than a kitchen or living room that is intended for or capable of being used for sleeping.

"Basement" means a story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.

"Bicycle parking" means a covered or uncovered area equipped with a rack or other device designed and used for the secure, temporary storage of bicycles. Bicycle parking includes short- term (for customers, guests and other visitors who generally stay for a period for less than two (2) hours) and long-term (for employees, students, residents and commuters who generally stay for a period greater than two (2) hours).

"Billboard Overlay Zone (BOZ)" shall mean a zone that overlays the areas adjacent to the I-10 Freeway and California State Route 164 (more commonly known as Route 19) as shown on the official Billboard Overlay Zone map adopted by the El Monte City Council and, which allows for the placement of new and relocated billboards that conform to Chapter 17.82 (Billboard Overlay Zone) and the California Outdoor Advertising Act.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or property of any kind.

"Building frontage" means that face of the building that is parallel to or is at a near parallel angle to the street.

"Building height" means a vertical distance measured from the average finished ground level of the site to the highest point of the structure.

"Building Official" means the Chief Building Official of the City of El Monte, or his or her designee, charged with the administration and enforcement of Title 15 (Buildings and Construction) of the EMMC.

"Business establishment" means any person, as defined herein, engaged in for-profit or non- profit enterprise, undertaking or activity for which a City of El Monte business license and/or "Business Occupancy Permit (BOP)" is required, including, but not limited to, any for -profit commercial retail business or enterprise.

"Business Occupancy Permit (BOP)" means a type of permit reviewed by the Planning Division to ensure the proposed use is permitted in the underlying zoning district, either by-right or conditionally. Development standards such as parking, landscaping, outdoor storage and access may also be reviewed.

"California Department of Alcoholic Beverage Control (ABC)" means the California State agency that regulates the permitting of alcoholic beverage sales, including the sale of beer, wine and distilled spirits.

"California Environmental Quality Act (CEQA)" means Section 21000 et seq. of the California Public Resources Code or any successor statute and associated guidelines (Section 15000 et seq. of the California Code of Regulations) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

"California Public Utilities Commission (CPUC)" means the Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.

"Canopy" means a roofed shelter projecting over a sidewalk, driveway, entry or similar area that may be wholly supported by a building or may be wholly or partially supported by columns extended from the ground.

"Carport" means a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage.

"City Attorney" means the El Monte City Attorney organized under Chapter 2.16 (City Attorney) of the EMMC. The City Attorney may also include the "Assistant City Attorney" and the "Deputy City Attorney."

"City Council" means the El Monte City Council organized under Chapter 2.04 (City Council) of the EMMC. The City Council shall also include the separately elected "Mayor" organized under Chapter 2.08 (Mayor) of the EMMC.

"City property" means any real property parcel owned or leased by the City of El Monte and all buildings, structures and improvements constructed thereupon, including, but not limited to, El Monte City Hall, the El Monte Aquatic Center, Grace Black Auditorium, the El Monte Public Works and Transportation Yard, any "park or recreational facility" within the meaning of Section 12.48.20 (Streets Sidewalks and Public Places—Parks and Recreation Activities) of the EMMC or any city-owned parking lot or parking structure.

"City Manager" means the City Manager of the City of El Monte, or his or her designee.

"Commercial corridor" means a highway, as defined in Section 360 of the California Vehicle Code, that is not a freeway, as defined by Section 332 of the California Vehicle Code, and that has a right-of-way, as defined in Section 525 of the California Vehicle Code, with a minimum seventy (70) feet and maximum one hundred fifty (150) feet.

"Community Development Director" or "Director" means the Community and Economic Development Director of the City of El Monte, or his or her designee.

"Conditionally permitted" or "conditional use" means a use subject to the approval of a Minor Use Permit (MUP) or a Conditional Use Permit (CUP).

"Corral" means an area or yard that is enclosed to adequately confine animals.

"Covenants, Conditions and Restrictions (CC&Rs)" means a set of rules used in many common interest developments, including condominiums and co-ops (residential and nonresidential), to regulate the use, appearance and maintenance of a property or series of properties. CC&Rs are between private properties rather than between a governmental entity and a homeowner. However, governments can require CC&Rs for developments and often review their contents. The final CC&Rs are recorded in a County Clerk's office and run with the land. They are most commonly drafted and enforced through homeowners' associations (HOAs). If a property owner violates the CC&Rs, the enforcer may impose penalties. While CC&Rs may be stricter than government regulations, they cannot directly conflict with federal, state or local laws (or court rulings). In most examples, the CC&Rs require the enforcer's approval to change the exterior of a building. In other cases, the CC&Rs regulate the use of refuse containers, prohibit the hanging of laundry outdoors, set minimum landscaping maintenance standards and manage parking.

"Cul-de-sac" means a street which terminates in a permanent turn-around and which, by design, is not intended to continue beyond its terminal point. This is different from a "dead-end street," which terminates abruptly at a property line with the intention to extend the street at a later date.

"Curb cut" or "approach" means a break in a curb allowing vehicle access from a roadway to a legal parking or access area within the property.

"Deck" means a platform, either freestanding or attached to a building, which is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a "balcony" and "patio."

"Demolition" means the destruction, dismantling or removal of a building or structure, or substantial portion of a building or structure so that it constitutes a demolition pursuant to the provisions of title.

"Developer" means a person who has a legal or equitable interest in the real property which is the subject of a development agreement.

"Development" means any manmade change to improved or unimproved real estate including, but not limited to, the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

"Development agreement" or "agreement" means a development agreement, by and between the applicant and the city, in accordance with the Development Agreement Law (Gov. Code, § 65864 et seq.) and Chapter 17.129 (Development Agreements) of title. Such development agreement, as necessary, may also constitute a "relocation agreement," pursuant to Section 5412 of the California Business and Professions Code, and may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the installation and operation of any billboard or modification of an existing billboard within the freeway overlay zone.

"Development standard" means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in Section 12926 of the California Government Code.

"Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of individuals, and there is a record of such impairment or the individual is regarded as having such impairment, but the term does not include current illegal use of, or addiction to, a controlled substance. The foregoing and related terms shall be interpreted in a manner consistent with the same or similar terms set forth in Title 28, Section 35.104 of the Code of Federal Regulations (CFR).

"Discretionary action" means an entitlement requiring the review authority to exercise judgement prior to a final decision. Depending on the specifics of a given application and its accompanying circumstances, discretionary permits may be approved, conditionally approved or denied. Examples include Design Reviews (DRs), Conditional and Minor Use Permits (CUPs and MUPs), Variances and Minor Variances (Vs and MVs) and Planned Residential Developments (PRDs).

"Driveway" means that area of the lot or parcel covered by pavement extending from the abutting public right-of-way to a required garage or parking space. Driveways can be for residential and nonresidential uses.

"Driveway, shared" means when land uses on two (2) or more lots or parcels share one driveway. The driveway can be established through an easement or common interest property. Shared driveway can be for residential and nonresidential.

"Dwelling" means a building or portion thereof designed for residential purposes, approved by the city and improved with full utility services including connection to a public sewer or local septic tank.

"Dwelling unit" means one or more rooms in a dwelling which are designed for and occupied by, or available for occupancy by, a single household, but not including guest rooms in hotels, motels or boarding and lodging houses. A dwelling unit is further defined as having only one kitchen.

"Effective date" means the date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

"Election" means any general municipal election or special municipal election called by the El Monte City Council or any other election administered by the Registrar/Recorder-County Clerk of the County of Los Angeles or a public agency for a public office whose jurisdiction includes all or part of the City of El Monte and/or a ballot or bond measure for which voters of all or part of the City of El Monte are entitled to vote.

"Electric vehicle (EV) capable space" means a vehicle space which is provided with a branch circuit, any necessary raceways, both underground and/or surface mounted, to accommodate EV charging, terminating in a receptacle or a charger.

"Electric vehicle charging station (EVCS)" means a public or private parking space that is installed with electrical vehicle supply equipment (EVSE) that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle. Charging equipment is commonly categorized into three (3) different types:

i.

Level 1 (L1) equipment provides charging through a 120-volt (V) alternating current (AC) plug, is standard on vehicles, can be portable and does not require the installation of charging equipment. L1 charging generally takes eight (8) to twelve (12) hours to completely charge a fully depleted battery. L1 charging is typically used in residential settings.

ii.

Level 2 (L2) equipment provides charging through a 240-V AC plug and requires installation of charging equipment. L2 charging equipment is compatible with all electric vehicles and plug-in electric hybrid vehicles. L2 charging generally takes four (4) to six (6) hours to completely charge a fully depleted battery. L2 charging is commonly found in residential settings, parking areas, places of employment and commercial settings.

iii.

Level 3 (L3) or direct current fast charging (DCFC) equipment is not compatible with all vehicles, and the charge itself is not accepted by all vehicles. L3 charging can provide half-a-charge in approximately twenty (20) minutes. They are typically used in commercial settings, and providers often charge a fee.

"Entitlement permit" means the formal permission of the Planning Division to use or develop land. An individual entitlement may be sufficient for a project to proceed or may need to be used in conjunction with another entitlement. Entitlements may include ministerial actions and discretionary actions.

"Façade area" means the area of the façade used to calculate the maximum allowable sign area. The calculation includes the width of the façade or lease line, whichever is less, multiplied by the height of the façade or lease line, whichever is less. The width and height measurement shall not include the height of a sloped or pitched roof or any architectural projection.

"Primary façade" means a façade or elevation that faces a street, on-site driveway or on-site parking area. The property owner shall determine which building elevation may be the primary façade.

"Secondary façade" means a façade or elevation that faces a street, alleyway, on- site driveway or on-site parking area that is not a primary façade.

"Third façade" means a façade or elevation that faces a street or alleyway that is not a primary or secondary façade.

"Fair housing laws" means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.

"Family" means one or more persons, related or unrelated, living together as a single household in a dwelling unit.

"Federal Communications Commission FCC" means the Federal Communications Commission or its duly appointed successor agency.

"Fee" means a payment to the city for the processing of a permit, license or appeal application by a city department or division.

"Fence" or "wall" means an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

"Floor area," which includes "gross floor area" and "net floor area," means the definitions outlined in subsection 17.12.060.B. (Measurements and Calculations—Floor Area) of this title.

"Floor area ratio (FAR)" means the definition outlined in subsection 17.12.060.C. (Measurements and Calculations—Floor Area Ratio) of this title.

"Footprint" means the horizontal area, as seen in plain view, of a building or structure, measured form the outside of exterior walls and supporting columns and excluding eaves.

"Fraction" means the definition outlined in subsection 17.12.060.D. (Measurements and Calculations—Fractions) of this title.

"Garage" means a building or portion of a building which is enclosed on three (3) sides and which has an openable garage door, in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.

"Glare" means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability, and which may also cause damage to property.

"Grade" means one of the following:

"Average grade" means a horizontal line approximating the ground elevation through each building on site used for calculating the exterior volume of a building. Average grade is calculated separated for each building.

"Existing grade" means the elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade may also be referred to as natural graded.

"Ground level" means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within the five (5) feet of a sidewalk, said ground level shall be measured at the sidewalk.

"Guest house" means a detached accessory building located on the same lot as the main building with no utilities metered separately from those furnished to the main building, having no kitchen facilities, not used as a separate dwelling unit, and used only by the household occupying the main building, or by temporary guests of such main building occupant without charge or valuable consideration for such use.

"Height" means the definition outlined in subsection 17.12.060.E. (Measurements and Calculations—Height) of this title.

"Highway" means any "highway," "freeway," "state highway" or "county highway" within the meaning of Sections 23, 23.5, 24 and 25, respectively, of the California Streets and Highways Code.

"Host use" means an existing commercial use or community service facility in compliance with zoning, building and fire codes on which a recycling facility or large collection facilities is located.

"Household" means one or more persons living together in a single dwelling unit, with common access to and use of all living and eating areas and facilities for the preparation and storage of food. Expenses for rent or mortgage, food and utilities are shared. In addition, the dwelling unit maintains a single mortgage, lease or rental agreement for all members of the household.

"Kitchen" means a room or space within a building with appliances used for cooking or preparing food.

"Laundry cart" means any basket or other like container of any size, dimension or material construction which is mounted on wheels and used in a cash operated laundry or dry-cleaning business establishment by the customer, agents, employees typically, but not necessarily exclusively, for the purpose of transporting clothing, fabrics and/or the supplies necessary to process them.

"Lease space" means the floor area of a building or development which is occupied by a specific tenant.

"Legislative action" means the act of the City Council to formulate and adopt rules and policies that may apply to existing and future projects, applications and maps. Examples include General Plan Amendments (GPA), specific plans (SPs), Zoning Map Amendments (ZCs) and Zoning Code Amendments (Cas).

"Light reflective value(LVR)" means the amount of visible and usable light that reflects from, or absorbs into, a surface (i.e. the percentage of light a color reflects from a surface). LVR is measured on a scale that ranges from zero (0) percent (absolute black, absorbs all light and heat) to one hundred (100) percent (pure white, reflects all light).

"Lot," "parcel" or "property" means an area of land whose boundaries have been established by legal instrument such as a deed or map recorded with Los Angeles County, and which is recognized as a separate legal entity for purposes of transfer or title, except public easements or rights-of-way. Types of lots include the following:

"Corner lot" means a lot situated at the intersection of two (2) or more streets, or upon two (2) parts of the same street forming an interior angle of more than one hundred thirty-five (135) degrees.

"Flag lot" means a residential lot in the approximate configuration of a flag pole or sign post, with the pole or post portion functioning primarily as an access way to the main body of the lot from the street of access. The pole or post portion shall be less than forty (40) feet wide. New structures shall be limited to a garage and/or Accessory Dwelling Unit (ADU).

"Interior lot" means a lot other than a corner lot.

"Key lot" means the first interior lot to the rear of a reversed corner lot whether or not separated by an alley.

"Lot area," which includes "gross lot area" and "net lot area," means the definitions outlined in subsection 17.12.060.F. (Measurements and Calculations—Lot Area) of this title.

"Lot coverage" means the definition outlined in subsection 17.12.060.G. (Measurements and Calculations—Lot Coverage) of this title.

"Lot line, front" means the parcel line separating a parcel from a street right-of- way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For lots that have identical or near identical street frontage dimensions, the Community Development Director may determine which is the front. The lot frontage shall mean the horizontal distance between the side lot lines measured along the front lot line.

"Lot line, rear" means the parcel line opposite and most distant from the front parcel line. In the case of a triangular or otherwise irregularly shaped parcel, means a line ten (10) feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.

"Lot line, side" means any parcel line other than a front or rear parcel line.

"Lot line, street side" means a side lot line of a corner that is adjacent to a street.

"Reversed corner lot" means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

"Through lot" means a lot having frontage on two (2) parallel or approximately parallel streets.

"Ministerial action" means an entitlement that is a ministerial act involving the use of fixed standards or objective measurements, with the decision authority exercising minimal personal judgement. Examples include Administrative Permit (APs), Density Bonuses (DBs), Sign Permits (SPs), Wireless Permits (WPs) and Zoning Clearances (ZCLs).

"Mural" means a piece of graphic artwork that is painted or applied directly to a wall, floor, ceiling or other permanent substrate (i.e. the underlying substance or layer). Mural techniques include fresco (painted directly on the substrate), mosaic (small pieces of stone, glass or ceramic placed on the substrate) and marouflage (canvas affixed to the substrate). A trompe-l'œil is a type of painted mural that uses realistic imagery to create the optical illusion that the depicted objects exist in three (3) dimensions. The image shall not pertain to the business, product or service provided on the premises, or otherwise be defined as signage.

(small pieces of stone, glass or ceramic placed on the substrate) and marouflage (canvas affixed to the substrate). A trompe-l'œil is a type of painted mural that uses realistic imagery to create the optical illusion that the depicted objects exist in three (3) dimensions. The image shall not pertain to the business, product or service provided on the premises, or otherwise be defined as signage.

"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405.

"National Pollutant Discharge Elimination System (NPDES) Permit Program" is an enforcement mechanism legislated by the Clean Water Act of 1977.

"National Pollutant Discharge Elimination System (NPDES) permits" are issued to municipal and industrial dischargers to ensure that pollutant discharges do not result in violation of water quality standards, per Section 13.20.010 (Stormwater and Urban Runoff Pollution Control—Definitions) of the EMMC.

"Nonconforming building or structure" means a building or structure which was lawful when brought into existence, but because of subsequent amendment to the title, or annexation into the city, could not be built because of restrictions on area, lot coverage, height, yards, setbacks, parking, design requirements, location on a lot, type or construction, or other similar requirements concerning the structure.

"Nonconforming land" means a use which was lawful when brought into existence, but by reason of subsequent amendment to the title, or annexation into the city, no longer conforms to the requirements for the district in which it is located.

"Nonconforming lot" means a lot the area, dimension or location of which was lawful when brought into existence, but by reason of subsequent amendment to the title, or annexation into the city, no longer conforms to the minimum lot size requirements.

"Nonconforming use" means the use of a property that was allowed under the zoning regulations at the time the use was established but which, because of a subsequent change in the zoning regulations, is no longer a permitted use or now requires a conditional use permit.

"Notice" means written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.

"Occupancy, change of" means a discontinuance of an existing use and the substitution thereof of a different kind of use.

"Occupied" means arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

"Off-premise" means any business where the primary service or entertainment is provided at a location or locations other than the premises of the subject business.

"Open space" means land which is free of buildings, surface parking for vehicles or other improvements except for walkways less than four (4) feet wide or recreation facilities. Open space for multiple-family development may include one of the following:

"Open space, common" means usable open space that is designed and intended for the common use and enjoyment of the residents and guests of the residential project.

"Open space, private" means usable open space that is designed and intended for outdoor living and recreation that are adjacent and directly accessible to an individual dwelling unit, reserved for the exclusive use of residents and their guests of that individual dwelling unit.

"Open space, usable" means open space that meets the minimum qualifications of this title to be used as common or private open space.

"Parapet wall" means a low wall extending above the roof and along its perimeter. It can be used to provide architectural features, screen roof mounted equipment, provide a safety barrier for people on the roof, reduce wind loads on the roof and prevent the spread of fires.

"Owner" means a person, firm, partnership, corporation, association, or other entity who or which owns, or otherwise exercises possession and control over the recycling facility or the mobile recycling unit, including any officer, employee, or agent of such person, firm, partnership, corporation, association, or entity.

"Parcel" means the same as the definition of "lot."

"Parking area" means any area within the perimeter of a premises as defined herein that is designated or otherwise used for the parking, stopping, loading or unloading of vehicles, including but not limited to any and all motor vehicles used by customers of the business establishment located on the premises.

"Parking space, off-street" means an area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by a vehicle without permanent obstruction.

"Parking credit" means an entitlement to use a publicly available parking space toward meeting the parking requirements of this title. Those properties or businesses that receive parking credits shall not have any special priority to use specific spaces. Parking credits are limited to properties within the Downtown Specific Plan.

"Parkway" means that area between the sidewalk and the curb of any roadway and, where there is not a sidewalk, that area between the edge of the roadway and the property line adjacent thereto. It may be planted or unplanted, and with or without pedestrian egress.

"Patio" means an outdoor area, often paved, adjoining a building that is used for outdoor open space. It is unenclosed and is typically located at grade or supported by minimal footings.

"Paving" means a type of material used over areas of a parcel such as driveways, parking areas, pathways, patios and walkways, for access by vehicles and/or pedestrians.

"Peak period commute periods, morning and afternoon" means the morning period between 7:00 a.m. and 9:00 a.m. and afternoon period between 4:00 p.m. and 7:00 p.m. Mondays through Fridays, excluding federal holidays, which coincides with the highest measured volume of vehicular traffic or transit usage. The City Engineer may alter the hours to analyze traffic as deemed necessary.

"Permit" means an authorizing document issued by local agencies for demolition and construction (including some hardscaping and landscaping work) or for land uses.

"Permit Committee" means the El Monte Permit Committee organized under Chapter 5.12 (Business Permits Generally) of the EMMC.

"Person" means any natural person, firm, association, organization, sole proprietorship, general partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, business enterprise, living trust, joint venture, campaign committee, volunteer, non-profit corporation, non-profit organization, fraternal organization, publicly regulated utility or any other legal entity.

"Planning Commission" means the El Monte Planning Commission organized under Chapter 2.24 (City Planning Commission) of the EMMC.

"Planning Division" means the Planning Division of the Community and Economic Development Department of the City of El Monte or its duly appointed successor agency.

"Preconstruction meeting" means a meeting between the construction team of a project and City staff from the Building Division, Planning Division, Public Works Department and other included staff. This meeting provides an opportunity for the city to communicate the requirements and expectations of a construction project to the project manager and contractor hired to complete the work. Meeting prior to the start of construction can avoid or reduce possible conflicts and delays in completing the work.

"Premises" means the lot area or portion thereof owned, leased, managed, maintained, occupied or otherwise used by a business establishment, including all buildings, structures parking areas, public areas, common areas owned, leased, managed, maintained, occupied or otherwise used by the business establishment or the customers, agents or employees of a business establishment in connection with, or in the furtherance of, its operations.

"Project" means any proposal for a new or changed use or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this title. Project also includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act (CEQA).

"Property" means the same as the definition of "lot."

"Public area" means any real property within the territorial boundaries of the City of El Monte that is open to, or otherwise accessible by, members of the general public, including, but not limited to, any public right-of-way, any public street and those areas of privately owned real property that are customarily open to, or otherwise accessible by, members of the general public such as the parking areas or common areas within a premises as defined herein.

oundaries of the City of El Monte that is open to, or otherwise accessible by, members of the general public, including, but not limited to, any public right-of-way, any public street and those areas of privately owned real property that are customarily open to, or otherwise accessible by, members of the general public such as the parking areas or common areas within a premises as defined herein.

"Public improvement" means public thoroughfares, utilities and other facilities proposed or required to be improved or installed as part of a development. The improvements

"Public thoroughfare" means all that area dedicated to public use for public travel purposes, inclusive of vehicular highways, boulevards, avenues, drives, streets, roads, ways, lanes, places, circles, courts, cul-de-sacs, parkways, street medians and sidewalks. In addition, public thoroughfare includes "major arterials," "secondary arterials," "collectors" and "local streets" as defined and described under the 2011 General Plan for the City of El Monte. It may also mean railroads, overpasses and underpasses.

"Arterial, major" means a type of public thoroughfare defined in the 2011 General Plan. These streets carry traffic from one part of the city to another and connect to the highway system. Arterials carry the highest volumes of traffic at the highest speeds, with limited interference to traffic flow. Major arterials typically function as truck routes and emergency response routes. However, they are not exclusively auto dominated streets; they may serve as significant transit corridors and need to accommodate convenient and safe pedestrian travel.

"Arterial, secondary" means a type of public thoroughfare defined in the 2011 General Plan. Secondary arterials carry traffic from one part of the community to another and connect to major arterials. Secondary arterials typically carry lower volumes, principally local traffic, and are used for shorter trips to activity centers, jobs, residences, schools, and other local destinations. Secondary arterials are often used for transit, bicyclists, and pedestrians. Depending on the roadway width, trucks may have limited access to secondary arterials.

"Collector" means a type of public thoroughfare defined in the 2011 General Plan. Collector streets are intermediate routes; they connect residential neighborhoods to each another and neighborhoods to commercial and other districts in El Monte. They collect traffic from local streets in residential neighborhoods and channel it onto arterials. Collector streets may also carry local

transit service. Finally, collectors often serve as the primary bicycle routes in the community and also accommodate pedestrian travel. Most collector streets have two (2) lanes.

"Local street" means a type of public thoroughfare defined in the 2011 General Plan. Local streets serve local land uses, typically residential neighborhoods, and provide direct access to individual parcels. Local streets typically carry the lowest volume of traffic, which is nearly exclusively local traffic. Local streets, being the primary means for residents to get around their neighborhood, should also accommodate bicycles and local pedestrian circulation. Speeds on local streets are relatively low, and on-street parking is often permitted. In some cases, however, local streets serve commercial and industrial uses.

"Public Works Department" means the Public Works Department of the City of El Monte or its duly appointed successor agency.

"Public Works Director" or "Director" means the Public Works and Utilities Director of the City of El Monte, or the Public Works Director's designee. When used in the context of applications related to wireless facilities in the public right-of-way, the Director refers to the Public Works Director.

"Reasonable accommodation" means a change in rules, policies, practices or services that such a disabled person will have an equal opportunity to use and enjoy a residential use.

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

"Residential density" means the definition outlined in subsection 17.12.060.I. (Measurements and Calculations—Residential Density) of this title.

"Roadway" means that portion of the public thoroughfare generally used for public use for public vehicular traffic.

"Roof" means that portion of a building or structure above walls or columns that shelters the floor area of the structure below.

"Satellite dish antenna" means any parabolic (bowl-shaped) antenna which: (i) has a diameter greater than two (2) feet; (ii) is designed to receive satellite transmissions; (iii) is incapable of transmitting electromagnetic waves, including but not limited to radio frequency signals; and (iv) is external to or attached to the exterior of any building.

"Shopping cart" means a bag, basket or buggy mounted on wheels or similar devise and is typically used by the customers, agents or employees of a retail business establishment for the purpose of transporting goods of any kind.

"Sidewalk" means that portion of the public thoroughfare provided for the exclusive use of pedestrians, but which may be inclusive of driveway aprons used to provide vehicular ingress and egress to and from a public or private real property parcel and the roadway.

"Specific plan" means a planning document that contains detailed development standards and implementation measures to which future projects located within a specific geographic area must achieve. The raison d'être of a specific plan is to implement the plans laid out in the general plan. However, specific plans will focus on smaller geographic areas compared to the general plan, such as a neighborhood, corridor or small number of properties. The specific plan will include policies (at a General Plan level) and regulations or standards (like a Zoning Ordinance). While a Zoning Ordinance focuses on land use, a specific plan will often incorporate additional topics such as design, mobility, infrastructure, financing and implementation.

"Stable" means a building, portion of a building, or corrals designed or used to shelter and feed horses, ponies, or other large animals which are of the property of which the stable is situated. Private stables are stables that are not rented, used, or boarded on a commercial basis for compensation.

"Staging area" means a physical location used for the storage of equipment and vehicles, stockpiles, refuse bins and other construction-related material during the construction phase of a project. The staging area may include construction trailers and employee parking. The staging area may be within the construction boundary areas or may be located off-site, but in close proximity. The staging area should be clearly delineated. Larger projects may have multiple staging areas.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

"Street" means a public thoroughfare which affords the principal means of access to abutting properties. "Street" includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.

"Street median" or "median" means the raised or unraised area located within the roadway, of varying width and length which is not used for vehicular traffic but which may contain trees, shrubs, plants and other landscaping, public street lighting poles, traffic signals, public utilities and equipment, pedestrian areas, public street name signs, public directional signage and public traffic control signage.

"Street, private" means any street, roadway, accessway or similar that functions as a public thoroughfare, but lies in whole or in part within a subdivision and is privately owned and maintained.

"Structurally altered" means to have had an alteration of any structural element, floor, frame, wall, or roof or any other stress bearing portion of a building and excludes alterations to or additions of interior nonbearing partitions and interior remodeling which does not affect the structural system.

"Structure" means anything constructed or erected, which requires location on the ground or attached to something having location on the ground, but not including fences, walls or inground swimming pools and spas.

"Swimming pool" and "spa" means a pool, pond or open tank capable of containing a large and deep enough body of water for people to use for swimming and/or recreation. They shall not be located within required street setbacks.

"Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people (per Section 50675.14(b)(3) of the California Health and Safety Code).

"Top plate height" means the horizontal framing member that caps an exterior wall and supports rafters or roof framing.

"Truck/traffic management plan" means a construction phase related plan to help the project manager and contractor identify hazards and apply appropriate controls on the movement of trucks, other vehicles and pedestrians to and from the construction site and within the construction site.

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.

"Variable height" means the maximum height of a structure is increasingly reduced as it grows closer to a more restrictive zoning district (usually a residential zone). For example, if a building is a setback twenty (20) feet to the property line its maximum height is a specified amount. As the building's setback is increased (to thirty (30) feet or forty (40) feet), the maximum height is increased until it reaches the ultimate maximum height outlined in the title.

"Variance" and "minor variance" means a type of discretionary permit that grants permission to deviate from the specific requirement of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of the requirement would deprive the property of privileges available to other property in the same zoning district.

"Vehicle" means any motor vehicle as defined by the California Vehicle Code, including any automobile, trucks, motorcycles, recreational vehicles, boats and other similar conveyance. An inoperative vehicle is a motor vehicle that has been abandoned or cannot operate or be moved under its own power.

"Vehicle class" means the weight classes of vehicles as defined by the Federal Highway Administration (FHWA) or in the US Department of Transportation (USDOT).

"Vehicle, recreational" means a mobile, temporary lodging space, usually housed in a motor vehicle or trailer, generally for the purposes of travelling.

"Yard," which includes "front yard," "rear yard," "side yard" and "street side yard," means the definitions outlined in subsection 17.12.060.K. (Measurements and Calculations—Setbacks and Yards) of this title.

"Zoning Clearance(ZC)" means a ministerial action by the Planning Division prior to issuance of any building or zoning permit to ensure that the proposed improvement complies with all of the provisions of the zoning district in which it is located, as well as all other applicable provisions of this title.

"Zoning district" means any residential, multiuse, commercial, manufacturing, public or quasi-public zoning areas established in Chapter 17.14 (Zoning Classifications and Map) of this title, within which certain land uses are allowed or prohibited and certain site planning and development standards are established.

"Zoning overlay" means a zoning designation specifically delineated on the zoning map establishing land use requirements that govern in addition to the standards set forth in the underlying zoning district.

"Zoning map" means the officially adopted map of the City of El Monte showing zoning designations for all parcels of land.

"Zoning Review Committee (ZRC)" means the Zoning Review Committee of the City of El Monte.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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"Adult entertainment establishment" means a business as defined in Section 17.150.070 (Use Definitions—Assembly and Entertainment Uses) of this title.

"Employee of an adult business" means a person who works or performs, as an employee or as an independent contractor, in and/or for an adult business, regardless of whether said person is paid a salary, wage, or other compensation by the business.

"Entertainer" or "live entertainer" means any person who is an employee or independent contractor of an adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

"Escort" means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a "striptease" for another person. Escort shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such person acts in that capacity or any federal, state and/or city-licensed limousine or taxi service.

"Establishment of an adult business" means and includes any of the following:

i.

The opening or commencement of any sexually-oriented business as a new business;

ii.

The conversion of an existing business, whether or not it is a sexually-oriented business, to any sexually-oriented business;

iii.

The addition of any sexually-oriented business to any other existing sexually-oriented business; or to another existing nonsexually-oriented business, with or without expansion of floor area;

iv.

The relocation of any sexually-oriented business; or

v.

The substantial enlargement of the premises of an adult business.

"Figure model" means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a nude modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

"Nudity" or "state of nudity" means the showing or display of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernable turgid state.

"Operate an adult business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

"Operator of an adult business" means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.

"Private viewing area" means an area or areas in a sexually-oriented business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.

"Public nudity" means "nudity" or a "state of nudity" that occurs in a business open to the public, whether or not a fee is charged for admission to such business.

"Regular and substantial basis" means an activity or performance that constitutes more than twenty-five (25) percent of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including, but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.

"Semi-nude" means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolas of the female breast.

"Specified anatomical areas" means and includes any of the following:

i.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola;

ii.

Human male genitals in a discernible turgid state, even if completely and opaquely covered; or

iii.

Any device, costume or covering that simulates any of the body parts included in subsections i or ii of this definition.

"Specified sexual activities" means and includes any of the following:

i.

The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, female breasts;

ii.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;

iii.

Masturbation, sodomy, oral copulation, coitus or ejaculation of human or animal, actual or simulated;

iv.

Human genitals in a state of sexual stimulation, arousal or tumescence; or

v.

Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the activities described in subdivisions i through iv of this definition.

"Substantial enlargement of an adult business" means an increase or expansion, over the lifetime of an adult business, of more than ten (10) percent or one hundred (100) square feet, whichever is less in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to "specified anatomical areas" and/or "specified sexual activities."

"Transfer of ownership or control of an adult business" means and includes any of the following:

i.

The sale, lease, or sublease of the business;

ii.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

iii.

The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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"Affordable housing unit" or "affordable unit" means a housing unit that will be offered for sale or rent for households that are equal to or below certain affordable household income limits. Refer to the definition of affordable household income for a description of the various housing income limits.

"Affordable rent" means a reasonable utility allowance and shall not exceed the following:

i.

For very low-income households, one twelfth of the product of thirty (30) percent times fifty (50) percent of the area median income adjusted for assumed household size.

ii.

For lower-income households whose gross incomes exceed the maximum income for very low-income households, one twelfth of the product of thirty (30) percent times sixty (60) percent of the area median income adjusted for assumed household size.

iii.

For moderate-income households, one twelfth of the product of thirty (30) percent times one hundred ten (110) percent of the area median income adjusted for assumed household size.

iv.

For a project where one hundred (100) percent of the units, including bonus units and excluding a manager's unit, are for lowerincome households (except that twenty (20) percent of the units may be for moderate-income households), rents for at least twenty (20) percent of the units must be set at affordable rent as defined above, and the rents for the remainder of the units cannot exceed those for lower-income households as set by the California Tax Credit Allocation Committee.

"Affordable housing cost" means the maximum purchase price where monthly payments, after a reasonable down payment, and including interest, principal, mortgage insurance, property taxes, homeowner's insurance, homeowner's association fees, space rent (if any), a reasonable utility allowance, and a reasonable allowance for property maintenance and repairs, do not exceed the following:

i.

For very low-income households, one twelfth of the product of thirty (30) percent times fifty (50) percent of the area median income adjusted for assumed household size.

ii.

For lower-income households whose gross incomes exceed the maximum income for very low-income households, one twelfth of the product of thirty (30) percent times seventy (70) percent of the area median income adjusted for assumed household size.

iii.

For moderate-income households, one twelfth of the product of thirty-five (35) percent times one hundred ten (110) percent of area median income adjusted for assumed household size. (§ 65915(c)(2)(A)(i); Health & Safety Code Section 50052.5; 25 CCR § 6920.)

"Area median income" means the median family income in Los Angeles County, adjusted for household size, as published annually in Section 6932 of the California Code of Regulations, or successor provision, by the California Department of Housing and Community Development.

"Base density," "base units" or "maximum allowable residential density" means the maximum allowable gross residential density permitted in the title and under the Land Use Element of the 2011 General Plan or any specific applicable to the proposed development. If the underlying zoning district is inconsistent with the base density allowed under the general plan, the greater shall prevail.

"Concession" or "incentive" means one of the following for a housing development project with a density bonus:

i.

A waiver or modification of a site development standard of this title that results in an identifiable, financially sufficient and actual cost reduction of the housing development;

ii.

Approval of mixed-use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development, the nonresidential uses are compatible with the housing development and existing or planned projects in the surrounding area; or

iii.

Other regulatory concessions or incentives proposed by the city or applicant that will result in an identifiable, financially sufficient and actual cost reduction of the housing development.

"Density bonus" or "density bonus units" means an increase in density above the otherwise maximum allowable residential density permitted under the title. The amount of the density bonus varies depending on the percentage of units proposed to be affordable, and on the proposed level of affordability. An applicant shall not seek a density bonus greater than that provided in Chapter 17.100 (Density Bonus Provisions) of this title.

"Disabled veteran" means any veteran who is currently declared by the United States Veterans Administration to be ten (10) percent or more disabled as a result of service in the armed forces.

"Homeless person" means an individual who lacks a fixed nighttime residence and whose primary nighttime residence is a supervised temporary shelter, institution or place not ordinarily used for sleeping. Does not include people living in correctional facilities.

"Household income, affordable" means a household whose gross income is equal or less than a specified percentage of median income for Los Angeles County (i.e. the Area Median Income (AMI) for El Monte), as determined by the United States Department of Housing and Urban Development. The figures are updated annually and adjusted for household size. The levels of affordability, as defined in Section 50093 of the California Health and Safety Code and Section 65915(b)(1) of the California Health and Safety Code, include the following:

"Moderate income household" means a household whose gross income is equal to one hundred twenty (120) percent or less of the AMI.

"Lower income household" means a household whose gross income is equal to eighty (80) percent or less of the AMI.

"Very low-income household" means a household whose gross income is equal to fifty (50) percent or less of the AMI. Very lowincome household shall also include extremely low and acutely low-income households.

"Extremely low-income household" means a household whose gross income is equal to thirty (30) percent or less of the AMI.

"Acutely low-income household" means a household whose gross income is equal to fifteen (15) percent or less of the AMI.

"Housing cost, affordable" means a lower income household paying no more than thirty (30) percent of its gross household income towards housing costs. Housing costs commonly include rent or mortgage payments, property taxes and insurance (for ownership units), association fees (for multiple-family ownership) and utilities (gas, electricity, water, sewer, refuse collection).

"Housing development project" means a residential only project or mixed-use project consisting of residential and nonresidential uses with at least two-thirds of the square footage is designated for residential use or transitional or supportive housing.

"Inclusionary Housing Agreement" means a legally binding agreement between an applicant and the city, in a form and substance satisfactory to the City Manager and City Attorney, containing those provisions necessary to ensure that the requirements of the city's inclusionary housing requirements, whether through the provision of inclusionary units or through alternative compliance, are satisfied.

"Inclusionary Housing Plan" means the plan which identifies the manner in which the city's inclusionary housing requirements will be implemented for a particular residential project.

"Inclusionary Housing Trust Fund" means the fund in which all inclusionary housing in-lieu fees are deposited. Use of funds shall be limited as outlined in the city's Inclusionary Housing Ordinance. The Finance Director shall administer the fund and provide an annual report of revenues and expenditures.

"Inclusionary housing unit" or "inclusionary unit" means an affordable unit that is included in a residential project to comply with the city's inclusionary Housing Ordinance.

"Market rate unit" means a housing unit that is not offered as an affordable unit.

"Shared housing building" means a residential or mixed-use structure, with five (5) or more shared housing units and one or more common kitchen and dining area designed for permanent residence of more than thirty (30) days by its tenants. The kitchen and dining area shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than twenty-five (25) percent of the floor area of the shared housing building.

"Shared housing unit" means one or more habitable room, not within another dwelling unit, that includes a bathroom, sink, refrigerator and microwave, is used as a permanent residence that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

abitable room, not within another dwelling unit, that includes a bathroom, sink, refrigerator and microwave, is used as a permanent residence that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code.

"Student housing development" mean a development containing a bedroom with two (2) or more bed spaces with a shared or private kitchen, living room, laundry facility and bathroom for undergraduate, graduate or professional student enrolled currently or in the past six (6) months at an institution of higher learning.

"Student, low income" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7 of the California Education Code. The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single-room occupancy unit type.

"Total units" or "total dwelling units" means the base units and density bonus units awarded pursuant to the title or any local law granting a greater density.

"Transitional foster youth" means a person in California whose dependency was established and continued by a court of competent jurisdiction, including a tribal court, on or after the youth's 13[th ] birthday and who is no older than twenty-five (25) years of age at the commencement of the academic year, or as otherwise defined in Section 66025.9 of the California Education Code.

"Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below eighty-five (85) percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita, as defined in Section 65915(o)(9) of the California Government Code.

"Waiver" means a reduction of a development standard that would have the effect of physically precluding the construction of a development eligible for a density bonus at the density or with the incentives permitted by Section 65915(E)(1) of the California Government Code.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

"Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Effective precipitation" or "usable rainfall" or "Eppt" means the portion of total precipitation which becomes available for plant growth.

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

"Establishment period of the plants" means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one or two (2) years of growth. Native habitat mitigation areas and trees may need three (3) to five (5) years for establishment.

"Estimated Total Water Use (ETWU)" means the total water used for the landscape as described in Section 17.74.060 (Water Efficiency—Elements of the Landscape Document Package) of this title.

"ET adjustment factor (ETAF)" means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for a new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

"Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

"Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

"Fuel modification plan guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Refer to Section 17922.12 of the California Health and Safety Code.

"Hardscapes" means any durable material (pervious and non-pervious).

"Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

"Irrigation" shall mean:

"Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weatherbased) or soil moisture data.

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's Water sense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's Water sense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.

"Irrigation efficiency (IE)" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of Chapter 17.74 (Water Efficiency) of this title are 0.75 for overhead spray devices and 0.81 for drip systems.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

"Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Landscape" shall mean:

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two (2) years of growth.

"Landscape architect" means a person who holds a license to practice landscape architecture in Section 5615 of the California Business and Professions Code.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks,

driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the state to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package" means the documents required under Section 17.74.040 (Water Efficiency—Compliance with Landscape Documentation Package) of this title.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of meeting requirements under Section 17.74.020 (Water Efficiency—Applicability) of this title.

"Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

"Non-residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 17.74.030 (Water Efficiency—Provisions for New Construction or Rehabilitated Landscapes) of this title, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

"Residential landscape" means landscapes surrounding single or multifamily homes.

"Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

"Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

"Maximum applied water allowance (MAWA)" means the upper limit of annual applied water for the established landscaped area as specified in Chapter 17.74 (Water Efficiency) of this title. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF × LA) + (1-ETAF) × SLA)]

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

"Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

"Overspray" means the irrigation water which is delivered beyond the target area.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of Chapter 17.74 (Water Efficiency) of this title, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 00.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in Chapter 17.74 (Water Efficiency) of this title are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

"Record drawing" or "as-built" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area" means areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inches tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

e water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inches tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

"Regional water efficient landscape ordinance" means a local ordinance adopted by two (2) or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

"Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

"Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses, Bermudagrass, Kikuyugrass, Seashore Paspalum; St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

"Valve" means a device used to control the flow of water in the irrigation system.

"Water conserving plant species" means a plant species identified as having a very low or low plant factor.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window" means the time of day irrigation is allowed.

"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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"Public utilities, equipment and improvements" means any utilities, equipment or improvements owned, operated and/or maintained by (i) the City of El Monte; or (ii) any person whose operation, use and/or maintenance of such utilities, equipment or improvements is regulated by the California Public Utilities Commission and/or the Federal Communications Commission; and/or (iii) any public mass transit authority or joint exercise of powers authority. Subject to the criteria set forth in the preceding sentence and for purposes of illustration, the defined term "public utilities, equipment and improvements" includes, but is not limited to, the following examples:

i.

Street lighting poles;

ii.

Telephone poles and any guy wires and above-ground utility cabinets or structures containing meters, devices and other equipment used in connection with the operation of the telephone lines that are carried by telephone poles;

iii.

Poles, lattice structures and other similar support structures used to carry electrical transmission lines and any guy wires and above-ground utility cabinets or structures containing meters, devices and other equipment used in connection with the operation of the electrical lines that are carried by such poles, lattice structures and other similar support structures;

iv.

Radio transmission towers and lattice structures and any guy wires and above-ground utility cabinets or structures containing equipment used in connection with the operation of such radio transmission towers and lattice structures;

v.

"Wireless facilities," "wireless telecommunications facilities," "wireless telecommunications collocation facilities," "support structures," "guyed structures," "lattice towers," "monopoles," "antenna," and "accessory equipment" as all of these terms are defined under this chapter;

vi.

Poles and other support structures for traffic signals, traffic control devices and other like equipment as well as above-ground cabinets containing meters, devices and other equipment used in connection with the operation of such traffic signals traffic control devices and other like equipment;

vii.

Traffic control and/or directional signage, including, but not limited to, stop signs, no parking or restricted parking signs, pedestrian crossing signs, speed limit signs, yield signs, road closed signs, detour signs, school zone signs and the like, and any poles used to display such traffic control or directional signage;

viii.

Name signs and support poles for highways, boulevards, avenues, drives, streets, roads, ways, lanes, places, circles and courts and also inclusive of "major arterials," "secondary arterials," "collectors," and "local streets" as the same are defined and described under the 2011 General Plan for the City of El Monte;

ix.

Bus stop signs and poles used to support such signage, bus stop shelters and bus stop benches and chairs;

x.

Above-ground irrigation equipment, groundwater treatment and reinjection facilities and equipment, pumps, backflow prevention devices and other similar equipment.

For purposes of further clarification, privately owned light standards and lamp posts located on privately owned real property (e.g., to illuminate parking lot areas on private property) which are not owned, operated and/or maintained by the City of El Monte or any of the other varieties of entities identified above, do not constitute "public utilities, equipment and improvements."

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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"A-frame sign" or "portable sign" means a sign not permanently affixed to a building, structure or the ground to advertise a service or product of the most adjacent business. It is typically made of a lightweight and rigid materials with the capability to standard on its own support(s) and being portable and movable.

"Abandoned sign" means any sign remaining in place or not maintained for a period of ninety (90) days which no longer identifies an ongoing business, product, or service available on the property where the display is located.

"Animated sign" means an animated, flashing, blinking, reflecting, revolving or other similar sign. Animated signs include, but are not limited to, flashing, blinking and scintillating signs. However, animated signs shall not include permitted changeable copy or electronic signs.

"Awning or canopy sign" means a sign which is painted, sewn, stained, etc., onto the exterior surface of an awning or canopy and which does not extend beyond the edge(s) of said awning or canopy.

"Balloon sign" means a lighter than air or gas-filled balloon or similarly inflated device tethered to a fixed location which may or may not include text or graphics.

"Banner sign" means a cloth, paper or fabric sign suspended from a building, structure, light standard, or utility pole.

"Billboard" means a sign, signboard, or outdoor advertising display, as defined in the California Outdoor Advertising Act, including electronic or digital billboards, which is used for advertising purposes or display purposes, except advertising displays used exclusively: (i) to advertise the sale or lease of the property upon which such advertising displays are to be placed; (ii) to designate the name of the owner or the occupant of the premises upon which such advertising display is placed or to identify such premises; or (iii) to advertise good manufactured, produced, or for sale or services rendered on the property upon which such advertising is placed.

"Building identification sign" or "major tenant sign" means a wall sign on a multistory building which is limited to the name of the building, the address of the building or the main tenant of the building. The sign is typically placed above the second story floor line.

"Can sign," "box sign" or "cabinet sign" means a sign structure comprised of a frame and face or faces and mounted on a wall. The signs are usually, but not always, internally illuminated.

"Changeable copy sign" means a sign in which a percentage of the sign area is designed to be used with removable graphics to allow the manual changing of copy.

"Channel letters" means individual three (3) dimensional letters or figures, with an open back or front, which may or may not be illuminated.

"Construction sign" means a temporary sign erected on the site identifying a proposed development project or one under construction, which is located on the site of the project. It may indicate the type of project, name of individuals or firms having a role or interest in such project and other project related information.

"Digital billboard" means a billboard utilizing digital message technology, capable of changing the static message or copy on the sign electronically or wirelessly via computer. This includes, without limitation, billboards also known as electronic billboards or LED billboards.

"Directional sign" means an on-site sign limited to directional messages of a non-advertising nature: such as, address, "one way," "exit," and "entrance."

"Directory sign" means a wall sign which vertically lists the names of all business tenants in a multitenant building.

"Eave sign" or "overhang sign" means a sign applied to the face of a building façade eave or overhang, parallel to the subject façade and not extending above the building roof line.

"Election sign" means a sign that advertises a candidate for public office, a proposition or other issue to be voted on by the electorate.

"Electronic copy sign" or "automatic readerboard" means a sign typically comprising a liquid crystal diode (LCD), light-emitting diode (LED), plasma or other digital illuminated display that contains messages, graphics or photographs.

"Façade" means a face of a building that is visible and given architectural treatment. Types of façades include the following:

"Primary façade" means an elevation that faces a street, on-site driveway or on-site parking area.

"Secondary façade" means an elevation that faces a street, alleyway, on-site driveway or on-site parking area that is not a primary façade.

"Third façade" means an elevation that faces a street or alleyway that is not a primary or secondary façade.

"Fence sign" means a sign which is mounted on a fence or wall other than a building wall.

"Flag" means any fabric, banner, or bunting containing distinctive colors, patters, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

"Freestanding sign" means a sign permanently affixed to the ground by poles, pylons, braces or similar supporting structures and which is not a part of or attached to any building. Freestanding signs include monument signs and pylon signs.

"Garage sale sign" and "yard sale sign" means any temporary sign advertising a garage sale within the meaning of Chapter 5.44 (Business Licenses and Regulations—Garage Sales) of the EMMC.

"Government sign" means a sign erected, installed, owned and maintained by a governmental agency, including, but not limited to, a municipality, a county, the State of California, a joint exercise of powers authority or a school district and which is installed in the discharge of a governmental function and/or regulation. Examples of government signs that may be erected, installed, owned and maintained by a municipality and/or a county in the discharge of a governmental function and/or regulation, include, but are not limited to:

i.

Traffic control and/or directional signage such as stop signs, no parking or restricted parking signs, pedestrian crossing signs, speed limit signs, yield signs, road closed signs, detour signs, public school signs, hospital signs and historic site signs;

ii.

Name signs for highways, boulevards, avenues, drives, streets, roads, ways, lanes, places, circles and courts and also inclusive of "major arterials," "secondary arterials," "collectors" and "local streets" as the same are defined and described under the 2011 General Plan for the City of El Monte;

iii.

Any legal or official notice used by a court, public body, person or office in the performance of a public duty, utility or other quasipublic agency;

iv.

Temporary or permanent signs erected and maintained by or required by the federal, state or local government; and

v.

Signs advertising governmental agency sponsored events or activities or which identify governmental buildings or facilities, including parking facilities. Examples of government signs that may be erected, installed and maintained by a joint exercise of powers authority, include, but are not limited to, bus stop signs.

Other examples of government signs include, but are not limited to, any informational signage, cautionary signage or emergency signage affixed to any public utilities, equipment and improvements by regulatory mandate of any governmental agency having approval authority over the construction and installation of the public utilities, equipment and improvements or any government agency having regulatory oversight over the ongoing use, operation and maintenance of such public utilities, equipment and improvements.

"Illuminated sign" means a sign for which an artificial source of light is used in order to make the sign's message readable, including internally and externally lighted signs and reflectorized, glowing, radiating or solar powered signs.

"Inanimate sign" means any sign that is not displayed by being continuously held by or otherwise attached to a natural person.

"Legal nonconforming sign" means a sign which was legally installed in conformance with ordinances in effect at the time the sign was installed, but which is in conflict with a subsequently adopted ordinance.

"Logo" means a trademark identifying the business or service provided and which may be all or part of a sign.

"Marquee" means a permanent, projecting structure attached to and supported by a building wall, which may project over a public right-of-way.

"Master sign program" means a coordinated program of signage for new or existing commercial, office or industrial centers, complexes or parks which contain three (3) or more business establishments or tenants, or a specifically identified use that requires a master sign program per Section 17.80.050 (Signage Regulations—General Procedures) of this title.

"Off-site sign" means a sign identifying and/or advertising a business, service, use, product, trade show, dance event, social function, entertainment event, entertainment venue, sporting event, sporting venue, real property rental or real property sale that is not offered or held on the property or site where the sign is displayed.

"On-site sign" means a sign identifying and/or advertising a business, service, use, product, trade show, dance event, social function, entertainment event, entertainment venue, sporting event, sporting venue, real property rental or real property sale that is offered or held on the property or site where the sign is displayed.

"Outdoor advertising structure" means a structure of any kind or character, including a billboard or digital billboard, erected or maintained by a state-licensed outdoor advertising company for outdoor advertising purposes, upon which any poster, bill, printing, painting, picture, statuary, symbol, or other advertisement of any kind whatsoever may be placed and, which:

i.

Solicits public support or directs public attention to the sale, lease, hiring, or use of any objects, products, or services not produced, sold or otherwise available on the premises where such advertising sign is erected and maintained; or

ii.

Contains a visual message to the general public concerning candidates for public office, matters relating to elections, public service announcements or is placed by a public service agency for the purpose of fulfilling its public service mission.

"Painted sign" means a sign which is painted directly onto a building façade.

"Pennant" means devices generally made of flexible materials, such as cloth, paper, plastic, or vinyl which may or may not contain copy and which are primarily intended to draw attention.

"Political sign" means a sign advocating any political idea or message that is not voted on by the electorate.

"Projecting sign" means a sign which is attached to and projects from, a structure or building façade, with the display surface of the sign possessing a plane not parallel to the building façade or structure to which it is attached.

"Public carrier signs" means graphic images mounted on carrier vehicles such as buses and taxicabs that legally pass through the city.

"Real estate signs" means signs which identify a property or property improvement for sale, lease or rent, which are posted on the subject property, subject to the requirements of Section 713 of the California Civil Code.

"Roof sign" means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and any portion of which projects above the highest point of the roof line or main parapet of a flat roofed building.

"Security or privacy signs" means signs on property which convey messages such as "No Trespassing" or "No Soliciting."

"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct, or attract attention to any object, person, institution, organization, business, project, service, event, or location by any means including, but not limited to, words, letters, graphics, figures, design symbols, fixtures, colors, illumination, or projected images.

"Sign area" means the entire area of a sign if enclosed by a frame, trim or outline or the area within a single, continuous perimeter enclosing the extreme limits of the sign copy.

"Sign copy" means any words, letters, graphics, numbers, text, figures, logos or other symbolic representation incorporated into a sign.

"Sign face" means the area of display used for a sign.

"Sign structure" means any edifice or framework which supports or is capable of supporting a sign.

"Temporary sign" means a sign structure or device used for the public display of visual messages or images, which is easily installed with common hand tools, or without tools, and which is not intended for or suitable for long term or permanent display due to the lightweight or flimsy construction materials. The lightweight and/or flimsy construction materials typically used for temporary signs include, but are not necessarily limited to, vinyl, paper, cloth or fabric, polyboard, coroplast, corrugated plastic, poster board, plastic core, cardboard, wood and plywood. For purposes of illustration, "temporary signs" include, but are not limited to, the following types of signs: placards, lawn signs, yard signs, bandit signs, snipe signs, roadside signs, banner signs, paper flyers and handbills and posters.

"Total sign area" means the combined area of each permanent sign located on the premises.

"Wall sign" means a sign which is mounted flush and affixed securely to a building wall, projecting no more than eighteen (18) inches from said wall and not extending sideways beyond the building face or above the highest line of the building wall to which it is attached.

"Windblown device" means an air-borne flotation device (e.g. wind dancers), which is tethered to the ground or to a building or other structure and directs attention to a business, commodity, service, entertainment sold or offered or special event or sale. This includes those that are attached to buildings, fixed on posts and freestanding.

"Window sign" means any sign which is painted, posted, or displayed on an exterior translucent or transparent surface including windows and doors, either permanently or temporarily, or which is placed within five (5) feet of the face of any window or door and is intended to be viewed from the outside or is oriented to the exterior of the building.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

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Phrases, terms and words used in Chapters 17.90 (Wireless—New and Substantially Changed) and 17.92 (Wireless—Eligible Facilities Request (6409)) of this title that are not defined in this section shall have the meanings assigned to them in 47 U.S.C. § 153.

"Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in 47 C.F.R. § 1.40001(b) (1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii).

"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or

receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.

"Concealed" or "concealment" means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (i) façade or rooftop mounted pop-out screen boxes; (ii) antennas mounted within a radome above a streetlight; (iii) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (iv) an isolated or standalone faux-tree.

y recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (i) façade or rooftop mounted pop-out screen boxes; (ii) antennas mounted within a radome above a streetlight; (iii) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (iv) an isolated or standalone faux-tree.

"CPCN" means a "certificate of public convenience and necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code §§ 1001 et seq., as may be amended.

"CPUC" means the "California Public Utilities Commission" established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.

"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in 47 C.F.R. § 1.40001(b), provided that it is existing at the time the relevant application is filed with the state or local government under 47 C.F.R. § 1.40001.

"Existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409 regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FCC" means the Federal Communications Commission or its duly appointed successor agency.

"FCC Shot Clock" means the reasonable time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time.

"OTARD" means any over-the-air reception device subject to 47 C.F.R. §§ 1.4000 et seq., as may be amended, and which includes satellite television dishes not greater than one meter in diameter.

"Personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

"Personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

"RF" means radio frequency or electromagnetic waves generally between thirty (30) kHz and 300 GHz in the electromagnetic spectrum range.

"Routine maintenance and repair" means work performed solely to maintain or repair the existing transmission equipment approved in accordance with the regulatory approvals or permits required at the time the subject wireless facility was constructed or modified. As an illustration, routine maintenance and repair includes fixing the internal components of damaged, inoperable or malfunctioning transmission equipment or replacing such equipment with new equipment of the same make, model and size of the equipment being replaced. Maintenance or repair that involves adding any new transmission equipment, increasing the size or dimensions of any existing transmission equipment, or implementing technology upgrades shall not be considered routine.

"Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.

"Site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Stealth" means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural and/or built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observed would need special knowledge to recognize their existence. Stealth concealment techniques include, but are not limited to: (i) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (ii) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as stealth concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs, water tanks and flagpoles. Further, whether a wireless facility qualifies as a stealth facility depends on the context that exists at a given location and is evaluated on a case-by-case basis.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public rightof-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.

i.

For towers outside the public rights-of-way, a substantial change occurs when:

a.

The proposed collocation or modification increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet (whichever is greater);

b.

The proposed collocation or modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than twenty (20) feet or more than the width of the tower structure at the level of the appurtenance (whichever is greater);

c.

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four (4); or

d.

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

ii.

For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

a.

The proposed collocation or modification increases the height of the structure by more than ten (10) percent or more than ten (10) feet (whichever is greater); or

b.

The proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; or

c.

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; or

d.

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are more than ten (10) percent larger in height or volume than any other ground cabinets associated with the structure; or

e.

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

iii.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

a.

The proposed collocation or modification would defeat the existing concealment elements of the support structure; or

b.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in 47 C.F.R. § 1.40001 (b)(7)(i)—(iv).

"Telecommunications facilities" means one of the following technical terms and phrases listed in Chapters 17.90 (Wireless—New and Substantially Changed) and 17.92 (Wireless—Eligible Facilities Request (6409)) of this title:

"Accessory antenna array" means an antenna array that is mounted on an existing building and is intended to provide wireless telecommunications services solely for the occupants of that building.

"Antenna array" or "wireless telecommunications antenna array" means one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (dish), but excluding any support structure.

"Co-location" means the use of a common wireless telecommunications antenna facility, or a common site, by two (2) or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.

"Satellite earth station antenna" means any antenna in any zoning district:

i.

That is designed to receive direct broadcast satellite service, including direct-to-home satellite services, and that is one meter or less in diameter;

ii.

Where commercial or industrial uses are generally permitted, that is two meters or less in diameter;

iii.

That is designed to receive programming services by means of multi-point distribution services, instructional television fixed services, and local multi-point distribution services, that is one meter or less in diameter or diagonal measurement; and

iv.

That is designed to receive television broadcast signals.

"Support structures" means a freestanding structure designed and constructed to support an antenna array and that may consist of a monopole, a self-supporting lattice tower, a guy-wire support tower, or other similar structure.

"Wireless telecommunications antenna facilities" means an unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

"Wireless telecommunications antenna facilities, minor" means a wireless telecommunications antenna facility that is designed to be building-mounted, or co-located on an existing structure with the facilities or other wireless communications service providers.

"Wireless telecommunications antenna facilities, major" means a wireless telecommunications antenna facility that is designed as a freestanding structure.

"Wireless telecommunications antenna facilities, co-located (SCL)" means a wireless telecommunications antenna facility that is placed on, or immediately adjacent to, an existing wireless telecommunications antenna facility that satisfies the requirements of Section 65850.6(a) of the California Government Code.

"Wireless telecommunications or communications services" means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

"Temporary wireless facilities" means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless facilities not permanently affixed to site on which is located.

"Tower" means the same as defined by the FCC in 47 C.F.R. § 1.40001 (b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees and lattice towers.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Wireless" means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)