Title 16 — DEVELOPMENT CODE

Chapters:

Chapter 16.04 - INTRODUCTION

Sections:

16.04.010 - Citation.

This title shall be known as the "Development Code of the City of Hesperia" or as the "Development Code."

(Ord. 250 (part), 1997; SBCC § 81.0101)

The provisions of this title are intended to elaborate upon, and otherwise augment standards, specifications and land uses set forth in community plan land use districts and countywide zone districts adopted under the provisions of the development code.

(Ord. 250 (part), 1997; SBCC § 87.0101)

The provisions of this title shall prevail should they conflict with the provisions of a community plan or specific plan, unless otherwise specified by this title or where the provisions have been specifically overridden and modified by a community plan or specific plan.

(Ord. 250 (part), 1997; SBCC § 87.0105)

Chapter 16.08 - DEFINITIONS

Sections:

"Accessory building" means a subordinate building, the use of which is incidental to that of the main building or main use of the land. The use of an accessory building may be for either a primary or an accessory use allowed by the appropriate zone/land use district. An accessory building shall be located on either the same parcel as the main building or main use; or shall be located on a contiguous abutting parcel

that is owned by the same owner who owns the parcel which has the main use. An accessory building shall always exist in conjunction with and never without a legally established main building or main use that has the same common owner. An accessory building is at least partially enclosed by walls and a roof. A covered patio, lattice patio, or partial patio enclosure whose sides are less than fifty (50) percent open to the elements shall be considered a building. The use of screen, cloth, netting or similar material shall be considered a wall and/or roofing material. A building shall not include machinery, equipment or appliances installed for manufacture or process purposes only, nor shall it include any construction installations which are not a part of a building, any tunnel, mine shaft, highway or bridge, or include any house trailer or vehicle which conforms to the vehicle code.

(Ord. 2001-13 Exh. A § 1, 2001: Ord. 250 (part), 1997; SBCC § 83.010112)

"Accessory structure" means a subordinate structure, the use of which is incidental to that of the main building or main use of the land. The use of an accessory structure may be for either a primary or an accessory use allowed by the appropriate zone/land use district. An accessory structure shall be located on either the same parcel as the main building or main use; or shall be located on a contiguous abutting parcel that is owned by the same owner who owns the parcel which has the main use. An accessory structure shall always exist in conjunction with and never without a legally established main building or main use that has the same common owner. Accessory structures, as opposed to accessory buildings, are not completely enclosed by walls and a roof. A covered patio, lattice patio, or partial patio enclosure whose sides are fifty (50) percent or more open to the elements shall be considered a structure as opposed to a building. Any structure which is less than fifty (50) percent open to the elements shall be considered a building. The use of screen, cloth, netting or similar material shall be considered a wall and/or roofing material.

(Ord. 2001-13 Exh. A § 2, 2002)

"Accessory use" means a subordinate use, which may be permanent or temporary, that is incidental, ancillary and customarily associated with the principal, primary or main use of the land. An accessory use shall be located on the same parcel, or on a contiguous abutting parcel, that is owned by the same person who owns the parcel on which the main building or main use is located. An accessory use shall always exist in conjunction with, and never without, a legally established primary use that has the same common owner. Notwithstanding these provisions, the keeping of animals on a contiguous parcel is only allowed when the zone/land use district designation on the parcel with the principal, primary or main use allows the keeping of such animals and in the specified numbers.

(Ord. 250 (part), 1997; SBCC § 83.010115)

"Accessory vehicles" include the following types: travel trailers, fifth-wheel trailers, motor homes, campers, camper shells, boats, and similar vehicles that could be stored on private property.

(Ord. 299 § 4 (Exh. A § 5), 2000)

A.

"Adult businesses" are: (1) any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded by law; provided, that any business licensed by the State Department of Alcoholic Beverage Control shall not be an adult-oriented business unless it complies with another definition within this section; and/or (2) any business, where employees or patrons expose "specified anatomical areas" or engage in "specified sexual activities;" and/or (3) any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas."

B.

These types of businesses shall not include the following: (1) any bona fide medical establishment operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients; (2) any massage establishment, the clientele of which consists substantially of persons referred to the establishment in writing for massage therapy by physicians, surgeons, chiropractors

or osteopaths duly licensed to practice their respective professions in the State of California; provided, that the massage establishment retains such written referrals in its records for a period of not less than three years, and makes such written references available for inspection by the county health officer or his designated representative at all times during the normal business hours of operation of the massage establishment; and (3) an athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

C.

Adult-oriented businesses shall include but shall not be limited to the following:

1.

Adult bookstore. "Adult bookstore" means an establishment having as a substantial portion of its stock-intrade, and offering for sale for any form of consideration, any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified anatomical areas;" or

b.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult Cabaret. An "adult cabaret" means a cabaret which features topless and/or bottomless dancers, strippers, male or female impersonators, or similar entertainers.

3.

Adult Theater. An "adult theater" means any place, building, enclosure or structure partially or entirely, temporarily or permanently used for dramatic or operatic presentations, motion pictures, or any picture projected from slides or films, vaudeville show, performances, or any place of public entertainment which are used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein. Adult theaters specifically include places to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained, used or available for presenting material distinguished by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

4.

Sexual Novelty Store. A "sexual novelty store" means an establishment having as a substantial portion of its stock-in-trade goods which are replicas of, or which simulate, "specified anatomical areas," or goods which are designed to be placed on "specified anatomical areas," or to be used in conjunction with "specified sexual activities" to cause sexual excitement.

5.

"Adult Video Store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

6.

"Adult motel" means a hotel, motel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic

reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

d.

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten consecutive hours.

7.

"Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction of "specified sexual activities," "specified anatomical areas," or persons in a state of nudity.

8.

"Nude Dancing" means any dance, choreographed or not, in which the performers remove all or part of their clothing, a strip tease, lap dance, or individual dance. Nude dancing shall also mean a form of erotic entertainment in which a dancer gradually undresses with or without music. Nude dancing shall include fan dancing, defined as a solo dance in which large fans are manipulated to suggest or reveal nakedness, and bubble dancing, defined as a dance similar in nature to a fan dance but includes the use of bubbles instead of fans.

(Ord. 250 (part), 1997; SBCC § 83.010124)

(Ord. No. 2019-10, § 4(Exh. B), 8-20-19)

"Advertising structure" means any structure of any kind or character erected or maintained for advertising purposes, upon which any advertising sign may be placed, including advertising statuary.

(Ord. 250 (part), 1997; SBCC § 83.010130)

"Agricultural use" means the use of land for the cultivation of food or fiber or the grazing or pasturing of livestock, usually for commercial purposes.

(Ord. 250 (part), 1997; SBCC § 83.010148)

16.08.030 - Airport reference point (A.R.P.)

"A.R.P." means the point established as the approximate geographic center of the airport landing area and so designated.

(Ord. 250 (part), 1997; SBCC § 83.010157)

16.08.035 - Aliquot part.

"Aliquot part" means the division of sectionalized land, by a series of divisions by one quarter. Such divisions shall not be less than two and one-half (2 ½) acres or equivalent as allowed by Section 16.10.050.

(Ord. 250 (part), 1997; SBCC § 83.010163)

16.08.040 - Alley.

"Alley" means a public thoroughfare, not exceeding thirty (30) feet in width for the use of pedestrians or vehicles, which affords only a secondary means of access to the abutting property.

(Ord. 250 (part), 1997; SBCC § 83.010166)

16.08.045 - Anatomical areas, specified.

"Specified anatomical areas" shall include any of the following human anatomical areas:

A.

Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areolae; or

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 250 (part), 1997; SBCC § 83.010172)

16.08.050 - Apartment.

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

(Ord. 250 (part), 1997; SBCC § 83.010175)

"Apartment hotel" means a building or any portion thereof, designed for or containing both individual guest rooms or suites of rooms and dwelling units.

(Ord. 250 (part), 1997; SBCC § 83.010178)

16.08.060 - Apartment house.

"Apartment house" means the same as "multiple-family dwelling," as defined in Section 16.08.190.

(Ord. 250 (part), 1997; SBCC § 83.010181)

16.08.065 - Applicant.

"Applicant" means the owner(s), or authorized agent of the owner(s) who is legally authorized to act for the owner(s) of record.

(Ord. 250 (part), 1997; SBCC § 83.010184)

A.

Approved access. Access required to subdivisions for which a tentative and final map are not required shall mean one of the following:

1.

A dedicated right-of-way;

2.

An offer to dedicate to the city a width as established by the circulation element of the general plan or the city's right-of-way standards and an easement of a strip of land at least twenty (20) feet in width which expressly grants to the owner of the subdivision and any successors in interest the right to use the easement without limit as to the quantity of vehicular traffic from each lot created by the owners or successors in interest to improved roadways in the city street system, both of which abut or connect to a publicly maintained roadway or connect to existing traveled roads where a prescriptive right by user exists for public use.

3.

An offer to dedicate to the city and to the public in general, an easement for public road, county highway and public utility purposes, of a width as established by the circulation element of the general plan or to the public in general can be accepted by public use, but the easement or road constructed thereon shall not become a city street until and unless the city council, by appropriate resolution, has caused said road to be accepted into the city street system.

4.

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

A traveled way which was in existence prior to 1967, as determined by the county surveyor. Such traveled way must connect to a publicly maintained roadway and must meet each of the following criteria:

a.

Have all-weather capability for normal passenger car use;

b.

Be of adequate width to provide two-way vehicular access;

c.

Be improved and maintained by the use of hand or power machinery or tools in order to allow relatively regular and continuous use. A traveled way maintained solely by the passage of vehicles does not constitute approved access.

B.

Approved access shall not be approved by the city engineer unless the access:

1.

Substantially conforms to the alignment shown in the circulation element where applicable; and

2.

May practically and feasibly be applied to road use.

(Ord. 250 (part), 1997; SBCC § 83.010187)

"Automobile and trailer sales area" means an open area used for the display and sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of those automobiles or trailers to be displayed, rented or sold on the premises.

(Ord. 250 (part), 1997; SBCC § 83.010195)

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

A.

"Host home" means a one-family dwelling containing one to two guest rooms which are made available for rent to transient guests to provide sleeping accommodations on a less than weekly basis where said dwelling is occupied by the owner of the property.

B.

"Bed and breakfast home" means a one-family-dwelling containing three to five guest rooms which are made available for rent to transient guests to provide sleeping accommodations on a less than weekly basis where the dwelling is occupied by the owner of the property.

C.

"Bed and breakfast inn/lodge" means an existing one-family dwelling which has been designated a historical structure containing a minimum of six and a maximum of ten guest rooms which are made available for rent to transient guests to provide sleeping accommodations on a less than weekly basis where the dwelling is occupied by the owner of the property.

(Ord. 250 (part), 1997; SBCC § 83.010213)

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

(Ord. 250 (part), 1997; SBCC § 83.010220)

"Boarding house" means a dwelling with not more than five guest rooms, with not more than one person per room, where lodging and meals are provided for compensation on a weekly or greater basis, not including those facilities defined as social care facilities.

(Ord. 250 (part), 1997; SBCC § 83.010230)

"Buffer" means a strip of land established to separate incompatible or different land uses. Normally a buffer area is landscaped and retained as open space. The term may be used more broadly to describe any area or use that separates two unlike land uses, such as the use of multiple-family housing between singlefamily housing and commercial uses.

(Ord. 250 (part), 1997; SBCC § 83.010235)

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

(Ord. 250 (part), 1997; SBCC § 83.010245)

"Building envelope" means an area delineated on development plans in which all clearing and land disturbance for building construction must be confined. If not delineated, it is the area of a lot not included within any required front yard, rear yard, side yard or side street yard setback area, or any recorded easement, or offer of dedication.

(Ord. 250 (part), 1997; SBCC § 83.010250)

"Building height" means the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade;

B.

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

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

(Ord. 250 (part), 1997; SBCC § 83.010255)

"Carport" means a permanent roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.

(Ord. 250 (part), 1997; SBCC § 83.010311)

"Cemetery" means land used or intended to be used for the permanent internment of dead human bodies or the cremated remains thereof and dedicated for cemetery purposes. A cemetery is established and operated in compliance with the state Health and Safety Code and any mapping and site approval requirements of this title. Cemetery purposes include columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such a cemetery. "Pet cemetery" shall be a cemetery for domesticated animals and shall be in compliance with applicable state and county regulation, including mapping and applicable site approval requirements.

(Ord. 250 (part), 1997; SBCC § 83.010314)

16.08.125 - City standards.

"City standards" means any current improvement standards or design standards which have been adopted by the city council, and are described, delineated and on file for use and examination by the public in the office of the city clerk.

(Ord. 250 (part), 1997; SBCC § 83.010385)

16.08.130 - Composite development plan.

"Composite development plan" means a map or plan on file with the building and safety department which reflects additional information related to the development of lots created by a final or parcel map recorded after March 1, 1986. Notes on this plan or map are for informational purposes and indicate conditions and criteria that exist on the property that were known and identified as of the date of the recordation of the final or parcel map. Authority for this plan is derived from Government Code Section 66434.2.

(Ord. 250 (part), 1997; SBCC § 83.010338)

16.08.135 - Community apartment project.

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

(Ord. 250 (part), 1997; SBCC § 83.010342)

16.08.140 - Community noise equivalency level (CNEL).

"Community noise equivalency level (CNEL)" means a CNEL is a measure of the cumulative noise exposure level in the community. It results from a summation of average noise levels based on the average energy level of the sound over a twenty-four (24) hour period, with an increased weighting factor applied to the evening and night time period.

(Ord. 250 (part), 1997; SBCC § 83.010349)

16.08.142 - "Computerized sweepstakes device" defined.

"Computerized sweepstakes device" shall mean any computer, machine, game or apparatus which, upon insertion of a coin, token, access number, magnetic card or similar object, or upon payment of anything of value, may be operated by the public generally for use in a contest of skill, entertainment, amusement or chance whether or not registering a score, and which provides the user with a chance to win anything of value or any cash payout or anything that could be redeemed, directly or indirectly, for any cash payout and which is not otherwise permitted as gambling, a lottery or as a gaming device under state law.

(Ord. No. 2013-06, § 3, 6-18-13)

"Contiguous" in actual close contact; touching; bounded or traversed by. "Contiguous property" means those properties which touch property lines of any parcel including those properties which touch said

property lines of a subject parcel when such lines are projected across public or private rights-of-way, easements, roads, streets, or railroad rights-of-way.

(Ord. 250 (part), 1997; SBCC § 83.010369)

"Passive or natural cooling opportunities" means the ability to orient or site a structure, including a dwelling on its lot in order to take optimum advantage of prevailing breezes for cooling purposes.

(Ord. 250 (part), 1997; SBCC § 83.010372)

16.08.155 - County.

"County" means the county of San Bernardino, California.

(Ord. 250 (part), 1997; SBCC § 83.010375)

16.08.160 - Court.

"Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings.

(Ord. 250 (part), 1997; SBCC § 83.010390)

16.08.165 - Dairy.

"Dairy" means any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation.

(Ord. 250 (part), 1997; SBCC § 83.010405)

16.08.170 - Day care facility.

"Day care facility" means a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hours basis. Day care facility includes family day care homes, infant centers, preschools, and extended day care facilities. A "family day care home" means a day care facility located in a residence which regularly provides care, protection and supervision of twelve (12) or fewer children from more than one other family, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away and includes the following:

A.

"Large family day care home" means those which provide family day care to seven to twelve (12) children, inclusive, including children who reside at the home.

B.

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

(Ord. 250 (part), 1997; SBCC § 83.010412)

"Development code" means a set of land use regulations adopted by the city council in conformance with the general plan.

(Ord. 250 (part), 1997; SBCC § 83.010432)

16.08.180 - Development permit, city.

"Development permit, city" means a permit issued by the building official for construction or land disturbance, including, but not limited to, building permits, mobile home set-down permits and grading permits.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 83.010438)

16.08.185 - Development plan (PUD).

"Development plan" means a detailed, comprehensive plan of development for a planned unit development. This development plan applies limits and parameters for development derived from a development suitability analysis to a specific development scheme. Development plans shall include a detailed description of the proposed development and its effects including, but not limited to, a written text, diagrams or maps describing the program for development and the functional arrangement of structures and uses, the effect of such arrangement upon the physical characteristics of the site, available public services, the capacity of the existing circulation system and the existing and planned land use of adjacent properties.

(Ord. 250 (part), 1997; SBCC § 83.010441)

16.08.187 - Drug paraphernalia.

"Drug paraphernalia" has the meaning set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time.

(Ord. No. 2017-10, § 3(Exh. A), 6-6-17)

"Dude/guest ranch" means a working or guest ranch that provides equestrian and recreational activities, overnight accommodations for guests, and facilities related to a working ranch. The dude/guest ranch does not include a commercial restaurant, cafe or bar available to the general public.

(Ord. 2011-10, § 3(Exh. A), 8-16-11)

16.08.190 - Dwelling, multiple-family.

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

(Ord. 250 (part), 1997; SBCC § 83.010484)

"One-family dwelling" means a detached building designed and/or used to house not more than one family, including all domestic employees of such family.

(Ord. 250 (part), 1997; SBCC § 83.010487)

16.08.200 - Dwelling, two-family.

"Two-family dwelling" means a building designed and/or used to house not more than two families living independently of each other.

(Ord. 250 (part), 1997; SBCC § 83.010490)

16.08.205 - Dwelling unit.

"Dwelling unit" means any building or portion thereof, including a mobile home or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by this code and the Building Code, for not more than one family.

(Ord. 250 (part), 1997; SBCC § 83.010493; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.08.207 - Electrical generating stations.

"Electrical generating stations" means a facility that is operated by a power producer and whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Electrical generating station does not include solar or wind farms.

(Ord. No. 2012-07, § 3(Exh. A), 6-19-12; Ord. No. 2017-10, § 3(Exh. A), 6-6-17)

Editor's note— Ord. No. 2017-10, § 3(Exh. A), adopted June 6, 2017, renumbered § 16.08.280 as § 16.08.270.

"Electrical substations" means a facility that is operated by a public utility where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use. Electrical substations does not include solar or wind farms.

(Ord. No. 2012-07, § 3(Exh. A), 6-19-12; Ord. No. 2017-10, 3(Exh. A), 6-6-17)

Editor's note— Ord. No. 2017-10, § 3(Exh. A), adopted June 6, 2017, renumbered § 16.08.290 as § 16.08.280.

16.08.209 - Electronic smoking product and/or device.

"Electronic smoking product and/or device" (also known as "electronic cigarette," "e-cigarette," "electronic nicotine delivery system," "e-cigar," "e-cigarillo," "e-pipe," "e-hookah," "hookah pen," "vape pen," etc.) shall mean a battery operated device used to inhale a vaporized liquid solution that frequently, though not always, contains nicotine.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

16.08.210 - Environmental impact report (EIR).

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

(Ord. 250 (part), 1997; SBCC § 83.010525)

"Exotic animal" means any warm or cold blooded animal of the biological family animalia generally considered as wild, exotic, dangerous, venomous or not normally domesticated.

(Ord. 250 (part), 1997; SBCC § 83.010550)

16.08.220 - Family.

"Family" means a person or persons living together as a single housekeeping unit in a dwelling unit.

(Ord. 250 (part), 1997; SBCC § 83.010605)

16.08.225 - Final map.

"Final map" means the same as California Government Code, Title 7, Division 2 definition.

(Ord. 250 (part), 1997; SBCC § 83.010610)

16.08.227 - Financial institution.

"Financial Institution" consists of an establishment, facility or institution, such as a bank and credit union, involved in financial transactions, including the custody, deposit, investment, loan, exchange, or issuance of money. A financial institution is also registered with and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

16.08.230 - Findings.

"Findings" means a set of conclusions which are required before specified permits, deviations, ordinance changes or other entitlement may be granted.

(Ord. 250 (part), 1997; SBCC § 83.010615)

16.08.235 - Fire-resistive or fire-resistive construction.

"Fire-resistive" or "fire-resistive construction" means construction to resist the spread of fire, details of which may be specified in the building code of the jurisdiction.

(Ord. 250 (part), 1997; SBCC § 83.010625)

"Fish farming" involves raising fish commercially in tanks or enclosures, usually for food. A facility that releases young (juvenile) fish into the wild for recreational fishing or to supplement a species' natural numbers is generally referred to as a fish hatchery.

(Ord. 2011-13, § 3(Exh. A), 9-20-11)

The "floor-area ratio" or "FAR" means the ratio of the total gross floor area of all buildings on a lot to the total gross area of the lot or parcel. Exhibit "A" provides examples of the calculation of the FAR on a specific piece of property.

Exhibit A

==> picture [216 x 171] intentionally omitted <==

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

Editor's note— Ord. No. 2012-02, § 3(Exh. A), adopted February 7, 2012, set out provisions intended for use as § 16.08.237. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16.08.238.

"Fuel modified area" means an area where living and dead vegetation is managed regularly, usually by trimming, removal or substitution of natural vegetation, in order to reduce fire hazard, by use of mechanical, chemical and biological means and/or prescribed burning.

(Ord. 250 (part), 1997; SBCC § 83.010677)

16.08.245 - Future right-of-way.

"Future right-of-way" means future right-of-way of streets shown in the circulation element of the general plan assuming an equal dedication of right-of-way on both sides of the existing centerline, or shall otherwise be determined as shown on any adopted specific plan or community plan.

(Ord. 250 (part), 1997; SBCC § 83.010680)

16.08.250 - Garage, private.

"Private garage" means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of up to four motor vehicles belonging to the occupants of the main building.

(Ord. 250 (part), 1997; SBCC § 83.010705)

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

(Ord. 250 (part), 1997; SBCC § 83.010710)

16.08.260 - Garage, storage.

"Storage garage" means any building, other than a public or private garage, used exclusively for the storage of motor vehicles.

(Ord. 250 (part), 1997; SBCC § 83.010715)

16.08.265 - General plan.

"General plan" means an official or adopted general plan, or any element thereof, as defined in California Government Code, Title 7, Division 1, Chapter 3.

(Ord. 250 (part), 1997; SBCC § 83.010720)

16.08.270 - Grading.

"Grading" means excavating, filling, leveling or smoothing, or combination thereof, for which a grading permit is required by Chapter 15.06 of this code. "Major grading" is grading in excess of one hundred (100) cubic yards, whereas "minor grading" is one hundred (100) cubic yards or less.

(Ord. 250 (part), 1997; SBCC § 83.010740; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.08.273 - Gross lot area.

"Gross lot area" means the total area of a parcel or lot, including any proposed public highways, streets or alleys, other public sites; and existing private streets, alleys or easements, and other areas where development is restricted.

(Ord. 2011-10, § 3(Exh. A), 8-16-11)

"Guest house" means living quarters within a detached accessory building located on the same parcel with the main building or a contiguous parcel with the same common owner, for use by temporary guests of the occupants of the premises. Such quarters have no kitchen facilities, laundry facilities, a wet bar, or other plumbing fixtures, but may contain bathroom facilities. A guest house shall not be rented or otherwise used as a separate dwelling.

(Ord. 299 § 4 (Exh. A § 1), 2000: Ord. 250 (part), 1997; SBCC § 83.010760)

16.08.280 - Hazardous fire area.

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

(Ord. 250 (part), 1997; SBCC § 83.010815)

16.08.285 - Heating opportunities, passive or natural.

"Passive or natural heating opportunities" means the ability to orient or site any structure, including a dwelling on its lot in order to take optimum advantage of natural solar heating capabilities. Structures should wherever possible orient their longest/largest axis from east to west and include special treatment of the south facing wall.

(Ord. 250 (part), 1997; SBCC § 83.010825)

16.08.290 - Hog raising.

"Hog raising" means any premises used for the raising or keeping of more than six weaned hogs.

(Ord. 250 (part), 1997; SBCC § 83.010830)

16.08.295 - Home occupation.

"Home occupation" means any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes and provided that no article is sold or offered for sale except that produced by the inhabitants, as stipulated in Chapter 5.44 of this code.

(Ord. 250 (part), 1997; SBCC § 83.010835)

"Hotel" means any building or portion thereof containing six or more guest rooms, designed for and/or used by six or more guests for compensation on a daily basis, and with no provision for cooking in any individual room or suite, but not including those facilities defined as social care facilities. Such establishments provide lodging and usually meals, various personal services and sometimes entertainment and recreational opportunities.

(Ord. 250 (part), 1997; SBCC § 83.010840)

"Residential hotel" means a hotel which has seventy-five (75) percent or more of the available rooms occupied by permanent guests for compensation on a monthly or greater basis.

(Ord. 250 (part), 1997; SBCC § 83.010845)

16.08.310 - House, lodging or rooming.

"Lodging or rooming house" means a building having no more than five guest rooms and no more than one person per room, where lodging is provided for compensation on a weekly or greater basis; but not including those facilities defined as social care facilities.

(Ord. 250 (part), 1997; SBCC § 83.010865)

16.08.315 - Housing, caretaker.

"Caretaker housing" means residential occupancy of a permanent or temporary dwelling unit, by a caretaker hired to guard part or all of the property on which the caretaker's dwelling is located as an accessory use.

(Ord. 250 (part), 1997; Ord. 84 § 6(B), 1990; SBCC § 83.010850)

16.08.320 - Housing, dependent.

"Depending housing" means residential occupancy of a temporary accessory living unit located on the same parcel as the principal unit, which is occupied by one or two adults, who: (1) have reached the age of sixty (60), or (2) are dependents of the residents of the principal unit, or (3) are court-appointed conservatees of a resident of the principal unit. For the purposes of this section, "dependent" means a related individual who is dependent upon the resident of the principal unit for financial support or health care. An individual will be determined to be a financial dependent if claimed by the resident of the principal unit as a dependent on his or her federal or state income tax return. An individual will be determined to be a dependent for health care reasons if he or she is considered blind or disabled as defined in Section 1614(a) of Part A of Title XVI of the Social Security Act.

(Ord. 250 (part), 1997; SBCC § 82.01855)

16.08.325 - Housing, group.

"Group housing" means multi-residential living facilities, each of which contains group quarters in permanently fixed buildings or those portions thereof, which accommodate or are intended to accommodate residential land use types.

(Ord. 250 (part), 1997; SBCC § 83.010860)

16.08.330 - Housing, secondary.

"Secondary housing" means residential occupancy of a living unit located on the same parcel as the principal unit. In a commercial land use district, secondary housing may be located either above the first floor, or if on the ground floor not on the street frontage. In a residential land use district the parcel containing the principal unit and the secondary housing unit shall not be less than five acres.

(Ord. 250 (part), 1997; SBCC § 83.010875)

"Housing supportive" means housing with no limit on length of stay, that is occupied by persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people; and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 2014-02, § 3(Exh. A), 2-18-14; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2014-02, § 3(Exh. A), adopted February 18, 2014, set out provisions intended for use as § 16.08.032. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16.08.332.

"Housing transitional" means housing configured as rental housing developments, with supportive services for up to twenty-four months but not less than six months. Transitional housing is designated and targeted for recently homeless persons and is intended to move recently homeless persons to permanent housing as quickly as possible and recirculate the assisted housing to another eligible program recipient. This type of housing includes self-sufficiency development services, and limits rents and service fees to an ability-topay formula reasonably consistent with the United States Department of Housing and Urban

Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

(Ord. No. 2014-02, § 3(Exh. A), 2-18-14; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2014-02, § 3(Exh. A), adopted February 18, 2014, set out provisions intended for use as § 16.08.033. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16.08.333.

"Hydroponic store" shall mean any business whose primary sales consist of product and apparatus used for growing plants without soil or in a non-soil medium such as water or other nutrient rich solutions; with or without an inert medium (i.e. gravel, perlite, etc.), and/or controlled conditions of light, temperature, and

humidity. For the purpose of this Title, hydroponic stores also include businesses whose sales include grow lights (i.e. plant lights), artificial light sources, and other supplies typically used for hydroponics as the primary use. Hydroponics stores are also synonymous with aeroponics, aquaculture, fogponics, etc.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

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

(Ord. 250 (part), 1997; SBCC § 83.010910)

"Initial study" means a preliminary analysis of a project subject to CEQA prepared by the lead agency to determine whether an EIR or a negative declaration shall be prepared.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

16.08.340 - Institutional use.

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

(Ord. 250 (part), 1997; SBCC § 83.010930)

16.08.345 - Interim land uses.

"Interim land uses" means a provisional or temporary land use often used while studies are being conducted to evaluate the long-term use.

(Ord. 250 (part), 1997; SBCC § 83.010935)

16.08.347 - "Internet sweepstakes café" defined.

"Internet sweepstakes café" shall mean any premises upon which a computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever.

(Ord. No. 2013-06, § 3, 6-18-13)

"Junk and salvage facility" means the primary or accessory use of a parcel of land for open storage, dismantling and/or selling of old cast-off, unused, scrap or salvage material of any sort. Such materials shall include but to be limited to:

A.

Copper, aluminum, brass, ferrous or nonferrous metals, whether fabricated or not;

B.

Rope, rags, paper, glass, rubber, plastic or other polymer material;

C.

Scrap lumber or other construction material;

D.

Appliances, batteries or junk, dismantled or wrecked motor vehicles or parts thereof;

E.

Trash, debris (organic and inorganic) or other waste material.

(Ord. 250 (part), 1997; SBCC § 83.011010)

16.08.353 - Keeping or kept.

"Keeping" or "kept" includes maintaining, grazing, riding, leading, exercising, tying, hitching, stabling and allowing animals to run at large. The foregoing, however, shall not preclude the riding or leading of horses or other animals generally recognized as suited to ride such as mules and donkeys to or from the premises in order to gain access to a bridle path, alley or street.

(Ord. 2011-13, § 3(Exh. A), 9-20-11)

"Kennel" means any lot or premises on which five or more dogs over four months old are kept for boarding, breeding, training and/or marketing.

(Ord. 250 (part), 1997; SBCC § 83.011105)

"Kitchen" means any room, all or any part of which is designed or used for cooking and the preparation of food.

(Ord. 250 (part), 1997; SBCC § 83.011110)

"Labor camp" means premises used for residential purposes for temporary or seasonal periods by five or more persons employed to perform agricultural or industrial labor.

(Ord. 250 (part), 1997; SBCC § 83.011205)

"Labor quarters" means residential occupancy of living units by farm, ranch, logging, mining, construction, testing and research lab employees, and employees of similar uses, and their families for any amount of time.

(Ord. 250 (part), 1997; SBCC § 83.011207)

"Land use" means the manner in which land is developed and used. The general categories of land use include: residential, commercial, industrial, public, quasi-public, agricultural and recreational.

(Ord. 250 (part), 1997; SBCC § 83.011220)

An applicant initiated request for city approval of a discretionary permit that is subject to one of the review processes specified by the municipal code. Ministerial permit actions such as building permits and mobile home set-down permits are not land use applications.

(Ord. 250 (part), 1997; SBCC § 83.011222)

"Land use decision" means any decision to approve, deny or modify, or to recommend approval, denial, or modification of a request to develop, divide or otherwise utilize land or to alter or establish land use regulations.

(Ord. 250 (part), 1997; SBCC § 83.011226)

"Land use district" means a land use regulatory district adopted in accordance with the provisions of Title 16, establishing all necessary rules and regulations necessary to guide development within the area affected by the district. Also see "zone district."

(Ord. 250 (part), 1997; SBCC § 83.011230)

"Land use intensity" means the density of development versus open space of an area or property. For example, multiple-family residential is a higher land use intensity than single-family residential.

(Ord. 250 (part), 1997; SBCC § 83.011232)

"Lead agency" means the City of Hesperia, the Hesperia Community Redevelopment Agency, the Hesperia Water District, and/or the Hesperia Fire District. The lead agency has principal responsibility for carrying out or approving a project, and which shall prepare the environmental documents for a project.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

16.08.400 - Liveable floor area.

"Liveable floor area" means the living area as measured from the exterior of walls and excluding garages, carports, exterior courtyards, patios or balconies.

(Ord. 148 § 5(A), 1992)

16.08.405 - Loading space.

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

(Ord. 250 (part), 1997; SBCC § 83.011250)

16.08.410 - Local agency.

"Local agency" means the city of Hesperia.

(Ord. 250 (part), 1997; SBCC § 83.011252)

16.08.415 - Lot.

"Lot" means an area shown on and created by a final map, official map or parcel map recorded with the county recorder.

(Ord. 250 (part), 1997; SBCC § 83.011264)

16.08.420 - Lot areas.

"Lot areas" means the total horizontal area included within lot lines of a lot.

(Ord. 250 (part), 1997; SBCC § 83.011266)

16.08.425 - Lot, corner.

"Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines; provided, that the angle of intersection does not exceed one hundred thirtyfive (135) degrees.

(Ord. 250 (part), 1997; SBCC § 83.011268)

"Lot coverage" means the percentage of a lot that has been altered to create a surface area that is either impervious or is covered by a structure. In zone districts only "building coverage" as specified will be calculated. Community plan land use districts may allow calculations to be based upon either "building coverage" or total impervious surface area. "Building coverage" shall mean the percentage of lot surface area occupied by any building, but does not include roadways, swimming pools, tennis courts or solar collection devices which are on top of, enclosed, or covered by a building.

(Ord. 250 (part), 1997; SBCC § 83.011270)

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(Ord. 250 (part), 1997; SBCC § 83.011272)

16.08.440 - Lot dimension ratio.

"Lot dimension ratio" means a land area ratio of width to depth which determines the shape of a lot.

(Ord. 250 (part), 1997; SBCC § 83.011274)

16.08.445 - Lot, frontage.

"Frontage lot" means the dimension of a lot or portion of a lot which abuts a street or an approved road easement, except the side of a corner lot.

(Ord. 250 (part), 1997; SBCC § 83.011276)

16.08.450 - Lot, interior.

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

(Ord. 250 (part), 1997; SBCC § 83.011278)

16.08.455 - Lot, key.

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

(Ord. 250 (part), 1997; SBCC § 83.011280)

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

(Ord. 250 (part), 1997; SBCC § 83.011284)

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. Based on the position of the residence and other factors, which may include the topography of the site, development on adjacent parcels, and legally located structures and utilities, the director of development services or his designee may determine that the widest street frontage is the front lot line, except in those cases where the latest tract deed restrictions or the recorded map specify another line as the front lot line.

(Ord. 250 (part), 1997; SBCC § 83.011286)

(Ord. No. 2009-10, § 3(Exh. A), 10-20-09)

"Rear lot line" means a line which is opposite and most distant from the front lot line, and in the case of a triangular or other irregularly shaped lot, a line within the lot ten feet in length, parallel to and at the maximum distance from the front lot line.

(Ord. 250 (part), 1997; SBCC § 83.011288)

"Side lot line" means any lot line other than the front or rear lot lines.

(Ord. 250 (part), 1997; SBCC § 83.011290)

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

(Ord. 250 (part), 1997; SBCC § 83.011291)

"Mobile home park lot" means a portion of a mobile home park designated or used for the occupancy of one trailer coach or camping party.

(Ord. 250 (part), 1997; SBCC § 83.011292)

"Reversed corner lot" means a corner lot which rears upon the side of another lot, whether or not across an alley.

(Ord. 250 (part), 1997; SBCC § 83.011294)

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

(Ord. 250 (part), 1997; SBCC § 83.011296)

Lot width. The following methods which yields the smallest dimension shall be chosen to measure lot width: (1) the distance measured at the building setback line (BSL) along a line or arc which is parallel or concentric to the right-of-way; or (2) the average horizontal distance between the side lot lines measured at right angles to the lot depth.

(Ord. 250 (part), 1997; SBCC § 83.011282)

16.08.505 - Maintained public street.

"Maintained public street" means any roadway maintained by a public agency for public use.

(Ord. 250 (part), 1997; SBCC § 83.011305)

"Manufactured home" means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site that has been built in compliance with the Federal Manufactured Housing Construction and Safety Standards and bears certification of said compliance.

(Ord. 84 § 5(A), 1990)

Editor's note— Ord. No. 2017-15, § 4(Exh. A), adopted December 5, 2017, repealed § 16.08.513, which pertained to medical marijuana dispensary and derived from Ord. No. 2005-12, § 4, 11-16-05.

"Minimum parcel size" means the smallest unit of land permitted through subdivision within a specific land use designation, as outlined in the municipal code or an adopted community plan.

(Ord. 250 (part), 1997; SBCC § 83.011326)

"Mining and reclamation plan" means a plan required by the city for all surface mining operations. The plan requires measures to be taken which provide for reclamation of mined lands to a usable condition that is readily adaptable for alternate land uses and creates no danger to public health or safety.

(Ord. 250 (part), 1997; SBCC § 83.011330)

16.08.525 - Mining waste.

"Mining waste" means and includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

(Ord. 250 (part), 1997; SBCC § 83.011334)

"Mitigation" of environmental effect may include avoiding an impact by not taking a certain action, limiting an impact, repairing or restoring the affected environment, reducing impacts by preservation and maintenance operations during the life of the project, and compensating for an impact by replacing or providing substitute resources or environments.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

"Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

(Ord. 84 § 5(B), 1990)

"Mobile food vehicle" means any vehicle or facility that falls within the definition of a mobile food facility under the California Retail Food Code (Part 7 of Division 104 of the Health & Safety Code), upon which food is sold or distributed at retail.

(Ord. No. 2013-01, § 3(Exh. A), 2-5-13)

"Mobile home park" means an area or tract of land designed as a single unit where spaces for two or more mobile homes used for human habitation are rented or leased on a monthly or greater basis, or owned separately.

(Ord. 250 (part), 1997; SBCC § 83.011358)

"Money service business" consists of a business whose primary function is to provide cash to patrons in exchange for personal and business checks and money orders and to perform similar financial transactions for a service fee or commission. This term also applies to a business that offers a short-term loan in which the borrower's car title, or other personal asset, is used as collateral. Money service businesses include, but are not limited to, payday loan, check cashing and car title loan businesses. "Money service business" does not include a state or federally chartered bank, savings association, credit union or industrial loan company. This term also does not apply to a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issues money orders for a

minimum flat fee not exceeding two dollars ($2.00) per transaction as a service to its customer that is incidental to its main purpose or business.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

"Motel" means a building or group of two or more detached, semi-detached or attached buildings containing guest rooms for compensation on a daily basis. These establishments provide lodging and parking for automobile travelers and the rooms are usually accessible from an outdoor parking area. These establishments may include guest rooms with food preparation areas (kitchenettes) and are designed, intended or used primarily for the accommodation of automobile travelers. Included are lodging establishments designated as cabins, motor courts, and similar designations; not including those facilities defined as social care facilities.

(Ord. 250 (part), 1997; SBCC § 83.011366)

16.08.542 - Negative declaration.

"Negative declaration" means a written statement by the lead agency which briefly presents reasons why a proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIR.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

16.08.543 - Net lot area.

"Net lot area" means the area of a parcel or lot, excluding any proposed public highways, streets or alleys or other public sites.

(Ord. 2011-10, § 3(Exh. A), 8-16-11)

16.08.545 - Noise contour.

"Noise contour" means a mapped line connecting points where the same sound pressure level prevails. Contours form bands of width emanating from a noise source, and approximate true ambient noise levels.

(Ord. 250 (part), 1997; SBCC § 83.011420)

"Nonaccess" means access rights that have been relinquished by appropriate dedication certificate and labeled on a recorded final map and/or parcel map.

(Ord. 250 (part), 1997; SBCC § 83.011425)

16.08.555 - Nonconforming building.

"Nonconforming building" means any building, or portion thereof, which does not conform to the regulations of the municipal code, applicable community plan and/or specific plan and which lawfully

existed at the time the regulations, or an amendment thereto, with which it does not conform became effective.

(Ord. 250 (part), 1997; SBCC § 83.011435)

(Ord. No. 2010-09, § 3(Exh. A), 9-7-10)

16.08.556 - Nonconforming structure.

"Nonconforming structure" means any structure or portion thereof, which does not conform to the regulations of the municipal code, applicable community plan and/or specific plan and which lawfully existed at the time the regulations, or an amendment thereto, with which it does not conform became effective. In Article IX, a nonconforming structure shall also refer to walls and fences that no longer comply with regulations.

(Ord. No. 2010-09, § 3(Exh. A), 9-7-10)

"Nonconforming use" means any use of building or land which does not conform to the regulations of the municipal code, applicable community plan and/or specific plan and which lawfully existed at the time the regulations, or an amendment thereto, with which it does not conform became effective.

(Ord. No. 2010-09, § 3(Exh. A), 9-7-10)

16.08.560 - Nonvehicular access.

"Nonvehicular access" means vehicular access rights to abutting lots have been relinquished by appropriate dedication certificate and labeled on a recorded final map and/or parcel map.

(Ord. 250 (part), 1997; SBCC § 83.011430)

16.08.565 - On-site detention.

"On-site detention" means temporary storage of runoff on the site.

(Ord. 250 (part), 1997; SBCC § 83.011510)

16.08.570 - On-site retention.

"On-site retention" means the permanent holding of runoff on the site through percolation to the ground.

(Ord. 250 (part), 1997; SBCC § 83.011515)

16.08.575 - Open space.

"Open space" means land where basic natural values have been retained. Open space can include wilderness areas, a small park in the middle of a city, pastures, forested areas, agricultural groves, vineyards, golf courses, flood washes, etc. The function of open space may differ, depending upon the location. It may have a protective function, as in the case of open space in flood plain areas, where it serves to protect health and safety. It can have a structural or buffer function to space and separate

conflicting land uses. It may serve a recreational function, or a scenic function to provide aesthetic views of forests or mountains.

(Ord. 250 (part), 1997; SBCC § 83.011520)

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

(Ord. 250 (part), 1997; SBCC § 83.011525)

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

(Ord. 250 (part), 1997; SBCC § 83.011530)

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

(Ord. 250 (part), 1997; SBCC § 83.011545)

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

(Ord. 250 (part), 1997; SBCC § 83.011555)

"Owner" means a person or persons shown by the most current legally prepared document that has been recorded by the county recorder's office that transfers, grants or imports total or partial ownership of a parcel.

(Ord. 250 (part), 1997; SBCC § 83.011570)

"Parcel" means any real property described or created by map or deed. "Parcel" shall also refer to a legally defined lot, or contiguous group of lots in single ownership or under single control, and considered a unit for purposes of development.

(Ord. 250 (part), 1997; SBCC § 83.011605)

16.08.610 - Parcel map.

"Parcel map" means parcel map as defined in California Government Code, Title 7, Division 2, Chapter 2, Article 3.

(Ord. 250 (part), 1997; SBCC § 83.011610)

16.08.615 - Parcel, original.

"Parcel, original" means any improved or unimproved land shown on the latest county equalized assessment roll as a unit or contiguous units.

(Ord. 250 (part), 1997; SBCC § 83.011613)

16.08.620 - Parcel, remainder.

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

(Ord. 250 (part), 1997; SBCC § 83.011615)

16.08.625 - Parcel, reserve.

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

(Ord. 250 (part), 1997; SBCC § 83.011620)

"Park and ride" means a voluntary system where participants drive to a central location in order to carpool or gain access to public transportation to another location.

(Ord. 250 (part), 1997; SBCC § 83.011625)

16.08.635 - Parking area, public.

"Public parking area" means an open area, other than a street, used for the temporary parking of five or more automobiles and available for public use, whether free, for compensation or as an accommodation for clients, customers or employees.

(Ord. 250 (part), 1997; SBCC § 83.011630)

16.08.640 - Parking space, automobile.

"Automobile parking space" means space within a public or private parking area or a building for the temporary parking or storage of one automobile.

(Ord. 250 (part), 1997; SBCC § 83.011635)

"Pawnshop" means any business whose primary operations include lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. This definition shall also include businesses that purchase tangible personal property such as precious metals with the intent to resell items in bulk and/or deconstructed, establishments known variously as gold buying, gold exchange, etc., as determined by planning department.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

16.08.645 - Permittee.

"Permittee" means any person undertaking development activities upon a site pursuant to a permit granted by the city.

(Ord. 250 (part), 1997; SBCC § 83.011640)

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

(Ord. 250 (part), 1997; SBCC § 83.011645)

16.08.655 - Phase.

"Phase" means any contiguous part or portion of a single unified development project which is developed as a unit in the same time period.

(Ord. 250 (part), 1997; SBCC § 83.011650)

16.08.660 - Premature development.

"Premature development" means the building or construction of new projects in areas usually outside city limit boundaries or in areas where necessary public facilities cannot economically be provided by city or county jurisdictions.

(Ord. 250 (part), 1997; SBCC § 83.011675)

"Pre-zone" means the process by which a city or county determines the actual future zoning of specified parcels of land before these parcels are annexed to the city.

(Ord. 250 (part), 1997; SBCC § 83.011670)

"Property owners association" means a private organization composed of property owners of a single unified project which may own common property and shall be responsible for the maintenance and management of commonly owned property.

(Ord. 250 (part), 1997; SBCC § 83.011680)

"Project" means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:

1.

A private activity or undertaking that involves the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

2.

An activity directly undertaken by any public agency.

3.

An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

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

(Ord. 250 (part), 1997; SBCC § 83.011685)

"Public improvements" means and includes traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities, and any other service and/or infrastructure improvement that is publicly maintained and operated by a public agency and/or quasi-public agency, excepting utilities and common carriers.

(Ord. 250 (part), 1997; SBCC § 83.011690)

"Public way" means and includes street, highway, avenue, boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway, tunnel, bridge, public casement, public right-of-way, and other ways in which a public agency has a proprietary right.

(Ord. 250 (part), 1997; SBCC § 83.011695)

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

(Ord. 250 (part), 1997; SBCC § 83.011805)

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

(Ord. 250 (part), 1997; SBCC § 83.011810)

16.08.700 - Recreational vehicle park (R.V.P.)

"Recreational vehicle park" means any area or tract of land, within an area where zoning allows recreational uses and where one or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles for temporary occupancy for increments of time not exceeding one week. Any such owner or user shall not occupy a recreational vehicle park for a period or periods of time which exceed a total of one month in any given twelve (12) consecutive months.

(Ord. 250 (part), 1997; SBCC § 83.011820)

"Retail sale" means a sale of commodities or goods for personal household or farm consumption directly to the ultimate consumer. Such sales are normally in small quantities and may include the rendering of services incidental to and supportive of the sale of such merchandise.

(Ord. 250 (part), 1997; SBCC § 83.011840)

"Responsible agency" means a public agency, other than the lead agency, which has the responsibility for carrying out or approving a project.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

16.08.710 - Reversion to acreage.

"Reversion to acreage" refers to the process by which subdivided real property may be reverted to acreage pursuant to the provisions of Chapter 16.32.

(Ord. 250 (part), 1997; SBCC § 83.011860)

16.08.712 - Roaming mobile food vehicle.

"Roaming mobile food vehicle" means a mobile food vehicle that travels throughout the city and the vehicle parks, stops or stands for food vending purposes.

(Ord. No. 2013-01, § 3(Exh. A), 2-5-13)

16.08.715 - Schools, elementary and high.

"Schools, elementary and high" means institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state of California. High schools include junior and senior.

(Ord. 250 (part), 1997; SBCC § 83.011904)

16.08.720 - Screening.

"Screening" means the use of landscaping, earth, fences, walls, trees, shrubs or other materials for visual, background, noise or sun exposure control.

(Ord. 250 (part), 1997; SBCC § 83.011906)

16.08.725 - Scrap metal processing facility.

"Scrap metal processing facility" means any establishment or place of business which is maintained, used, or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries.

(Ord. 250 (part), 1997; SBCC § 83.011908)

"Service station" means any building, structure, premises or other place used primarily for the retail sale and dispensing of motor fuels or oils, the retail sale of lubricants, tires, batteries and other automobile accessories, and the installation and servicing of such lubricants, tires, batteries and other automobile accessories.

(Ord. 250 (part), 1997; SBCC § 83.011916)

See "Yard, front" and "Yard, side street" as defined in this chapter.

(Ord. 250 (part), 1997; SBCC § 83.011918)

"Street setback line" means a line which defines the depth of the required street setback, front yard, or side yard or side street where said yard or yards abut a street. Said street setback line shall be parallel or concentric with the street right-of-way line.

(Ord. 250 (part), 1997; SBCC § 83.011920)

"Sewage disposal area" means an area utilized for the holding, leaching and percolation of sewage wastes including an area that would provide a one hundred (100) percent expansion of such a leaching and percolation field for future use.

(Ord. 250 (part), 1997; SBCC § 83.011923)

16.08.750 - Sexual activities, specified.

"Specified sexual activities" means and includes all the following:

A.

The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses or female breasts;

B.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

C.

Masturbation, actual or simulated; or

D.

Excretory functions as part of or in connection with any of the activities set forth in subsections (A) through (C) of this section.

(Ord. 250 (part), 1997; SBCC § 83.011924)

"Site" means a parcel of land or contiguous parcels where land alterations, including grading, clearing or construction are performed or proposed.

(Ord. 250 (part), 1997; SBCC § 83.011956)

"Site planning" means a process to develop a plan that shows how a parcel of land may be developed, taking into consideration the natural and man-made characteristics of the parcel.

(Ord. 250 (part), 1997; SBCC § 83.011957)

"Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other legal substances and vaporizing, including, but not limited to, establishments known variously as cigar lounges, hookah cafes, hookah lounges, tobacco clubs, tobacco bars, vape, vapor cafes, vapor lounges, etc. (collectively referred to as "smoking lounge(s)").

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

"Smoke shop" shall mean an establishment that either devotes more than ten percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a two-foot depth by four-foot length section of a single shelf space for display for sale of tobacco paraphernalia.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17)

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

(Ord. 250 (part), 1997; SBCC § 83.011961)

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

(Ord. 250 (part), 1997; SBCC § 83.011965)

"Solar or wind farms" means a facility that is operated by a power producer and whose primary function is the provision of electricity to the electrical distribution system or transmission grid and produces electricity

using windmills or solar energy systems. The number or area of the solar panels and windmills are in excess of the accessory use limitations allowed in Section 16.16.063.

(Ord. No. 2012-07, § 3(Exh. A), 6-19-12)

"Solid wastes" means any variety of waste, including household garbage, metal, glass, shattered concrete, bricks from demolished houses, radioactive wastes and mining talus.

(Ord. 250 (part), 1997; SBCC § 83.011967)

16.08.780 - Stable, private.

"Private stable" means a detached accessory building for the keeping of horses, burros or mules owned by the occupants of the premises and not for remuneration, hire or sale.

(Ord. 250 (part), 1997; SBCC § 83.011970)

16.08.785 - Stable, public.

"Public stable" means a stable other than a private stable for keeping of horses, burros or mules.

(Ord. 250 (part), 1997; SBCC § 83.011971)

"Story" means that portion of a building included between the surface of any floor and the surface of the floor immediately above it, or, if there is no floor above it, then the space between such floor and ceiling immediately above it. A basement, having more than one-half (½) of its height above the average level of the adjoining ground, shall be considered a story.

(Ord. 250 (part), 1997; SBCC §§ 83.010210 (part), 83.011977)

16.08.795 - Stream.

"Stream" means any watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey map most recently published, or as indicated in the development permit when it has been field-determined that a watercourse either:

A.

Supports fish at any time of the year; or

B.

Has a significant water flow after any rainstorm; or

C.

Has a well-defined channel.

(Ord. 250 (part), 1997; SBCC § 83.011980)

16.08.800 - Street.

"Street" means any public or private thoroughfare with a width of twenty (20) feet or more, which affords a primary means of access to abutting property.

(Ord. 250 (part), 1997; SBCC § 83.011982)

16.08.805 - Street line.

"Street line" means the boundary line between a street and abutting property.

(Ord. 250 (part), 1997; SBCC § 83.011983)

16.08.810 - Structure.

"Structure" means anything constructed, built, or installed by man, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, including, but without limitation, buildings, towers, smokestack and overhead lines.

(Ord. 250 (part), 1997; SBCC § 83.011985)

16.08.815 - Structure, approved.

"Approved structure" means a structure, paved area of impervious substance or sewage disposal area which has been approved by the building and safety department as an improvement of the site, and which complies with all codes, ordinances and regulations of the city of Hesperia.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 83.011987)

16.08.820 - Structure height.

"Structure height" means the altitude, measured in feet, of a building from a line perpendicular to the main or ground floor to the apex of the roof.

(Ord. 250 (part), 1997; SBCC § 83.011989)

16.08.825 - Substandard housing unit.

"Substandard housing unit" means a dwelling unit which is either dilapidated or unsafe, thus endangering the health or safety of the occupant, or does not have adequate plumbing or heating facilities.

(Ord. 250 (part), 1997; SBCC § 83.011996)

16.08.830 - Substandard lot.

"Substandard lot" means a unit of land, the area, width or other characteristic which fails to meet the requirements of the land use district in which it is located.

(Ord. 250 (part), 1997; SBCC § 83.011995)

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

A.

In-place distillation, retorting or leaching;

B.

Production and disposal of mining waste;

C.

Prospecting and exploratory activities.

(Ord. 250 (part), 1997; SBCC § 83.011997)

16.08.840 - Tentative map.

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

(Ord. 250 (part), 1997; SBCC § 83.012004)

16.08.843 - Tobacco paraphernalia.

"Tobacco paraphernalia" shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: blunt wraps, holders of smoking materials of all types, cigarette rolling machines, oil burners, methascopes, pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, devices for holding burning material, or other instruments designed for the smoking or ingestion of tobacco products. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17; Ord. No. 2023-10, § 4(Exh. B), 7-18-23)

16.08.844 - Tobacco product.

"Tobacco Product" means:

Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2.

Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3.

Any component, part, or accessory of (1) or (2), whether or [not] any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17; Ord. No. 2023-10, § 4(Exh. C), 7-18-23)

"Trailer camp or park" means any area or premises where space for house trailers is rented for compensation on a daily basis, or where free occupancy or camping is permitted to house trailer owners or users, but not including automobile or trailer sales lots on which unoccupied house trailers are parked for inspection and sales.

(Ord. 250 (part), 1997; SBCC § 83.012020)

"Native tree" means trees which grow or live naturally in the city of Hesperia. This shall not be construed to mean fruit or nut-bearing trees, orchards, planted landscaping or commercial nursery stock.

(Ord. 250 (part), 1997; SBCC § 83.012048)

"Tree removal" means to cut down, fell, push over, dig up, burn, poison or severely prune such that death of a tree is caused, or to destroy a tree in any manner.

(Ord. 250 (part), 1997; SBCC § 83.012052)

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

(Ord. 250 (part), 1997; SBCC § 83.012060)

"Use" means the purpose for which the land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. A primary, principal or main use is the use that occupies the majority of the subject land, a building, business production or activity as opposed to an accessory use (see "Accessory use").

(Ord. 250 (part), 1997; SBCC § 83.012130)

16.08.870 - Vehicles, operative.

"Operative vehicles" means a new or used vehicle which is self-propelled or capable of being self-propelled with the installation of minor parts (e.g., batteries, tires, plugs).

(Ord. 250 (part), 1997; SBCC § 83.012240)

16.08.875 - Vehicular-access rights.

"Vehicular-access rights" means the right of access of owners or occupants of abutting lands to a public road or way, other than as pedestrians.

(Ord. 250 (part), 1997; SBCC § 83.012220)

16.08.877 - Vehicle repair facility—Major.

"Vehicle Repair Facility-Major" means any facility offering any of the vehicle repair services as defined in Vehicle Repair Facility (Minor) and also including engine and transmission overhauls, vehicle restorations, upholstering, paint and body work, heavy duty truck and tractor repair, RV repair, and other similar services as determined by the Development Services Director or his or her designee.

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.08.879 - Vehicle repair facility—Minor.

"Vehicle Repair Facility-Minor" means any facility that offers minor vehicle repairs, including lubrication, battery service, brake and wheel service, tire installation, engine adjustments, tune-ups, front-end alignment, exhaust system repair, stereo installation, window tinting, spray-on bed lining, smog servicing, and other similar services as determined by the Development Services Director or his or her designee.

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.08.880 - Watercourse.

"Watercourse" means any natural or man-made channel where water is concentrated or collected from a tributary drainage area.

(Ord. 250 (part), 1997; SBCC § 83.012305)

16.08.885 - Wild land.

"Wild land" means timber, range, watershed and brush lands not under cultivation and in which development is essentially nonexistent; usually rugged open space terrain.

(Ord. 250 (part), 1997; SBCC § 83.012307)

"Wind farm" for purposes of this chapter shall be multiple windmills on a lot or parcel in which the windmills are not accessory to a primary use, with the intent to provide energy to a location other than the site that the windmills are located.

(Ord. No. 2009-12, § 3(Exh. A), 2-16-10)

"Windmill" for purposes of this chapter shall include wind machines and similar accessory structures harnessing wind energy.

(Ord. No. 2009-12, § 3(Exh. A), 2-16-10)

16.08.895 - Yard.

"Yard" means an open space on a lot or parcel of land, other than a court, unobstructed and unoccupied from the ground upward.

(Ord. 250 (part), 1997; SBCC § 83.012510)

16.08.900 - Yard, front.

"Front yard" means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a street setback line parallel thereto.

(Ord. 250 (part), 1997; SBCC § 83.012515)

16.08.905 - Yard, interior side.

"Interior side yard" means an area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

(Ord. 250 (part), 1997; SBCC § 83.012525)

16.08.910 - Yard, rear.

"Rear yard" means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.

(Ord. 250 (part), 1997; SBCC § 83.012530)

16.08.915 - Yard, side street.

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

(Ord. 250 (part), 1997; SBCC § 83.012520)

16.08.920 - Zone district.

"Zone district" means a land use regulatory district adopted in accordance with the provisions of Chapter 16.04, establishing all rules and regulations necessary to guide development within the area affected by the district.

(Ord. 250 (part), 1997; SBCC § 83.012610)

16.08.925 - Zone/land use district.

"Zone/land use district" means a term used to describe any applicable land use regulating district in the city.

(Ord. 250 (part), 1997; SBCC § 83.012620)

16.08.930 - Diagram of lot and yard definitions.

The following are depictions of the lot and yard definitions:

==> picture [456 x 332] intentionally omitted <==

(Ord. 250 (part), 1997; SBCC § 83.012700)

"Single price overstock/discount stores (SPODS)" means a retail establishment with a floor area less than fifteen thousand (15,000) square feet that offers for sale a combination and variety of convenience shopping goods and consumer shopping goods, such as including food or beverage for off-premises consumption, personal grooming and health products, household goods, and other consumer products, and continuously offers a majority of the items in its inventory for sale at a discount or price per item of ten dollars ($10.00) or less, adjusted for inflation. This definition shall control any use that fits the same despite otherwise being termed "grocery store," "variety store," or "convenience store".

(Ord. No. 2024-09, § 4(Exh. A § 1), 9-17-24)

Chapter 16.12 - PERMITS AND PROCEDURES

Sections:

ARTICLE I. - GENERAL PROCEDURES

A.

Land use applications will be reviewed and approved in accordance with four basic procedures:

1.

Noticed public hearing by the city council and/or planning commission, in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision;

2.

Administrative review with notice, in which a posted and/or published notice is given to affected and interested parties, followed by a decision by the reviewing authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the reviewing authority renders its decision. The reviewing authority shall be the development review committee;

3.

Administrative review without notice, used when land use decisions made by the reviewing authority are based upon standards that have been adopted by the city as law or policy, and the reviewing authority is allowed to render a decision without giving notice to surrounding property owners and other parties. The reviewing authority shall be the development review committee;

4.

Ministerial or tenant improvement review, used when a proposed land use is to be located within a facility that meets the city's development standards, or when the existing facility has been previously approved for the same or similar use. The reviewing authority is not required to give notice prior to rendering a decision.

The reviewing authority shall be the building official, or his or her designee, with concurrence with other city agencies.

B.

Review procedures for each application type are specified in Articles II through XII of this chapter.

(Ord. 192 Exh. A (§ 83.01.010), 1994)

(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.12.010 - Notification procedures.

A.

Notice of Land Use Decisions.

1.

General Provisions.

a.

Notice shall be given by first class mail or delivery to all surrounding property owners for land use decisions using the public hearing or administrative review with notice procedures.

b.

Notice shall be given by first class mail to any person who has filed a written request for such notice.

c.

When the discretionary power of the reviewing authority permits decisions with limited notice, notice shall be given by first class mail or delivery to all contiguous property owners.

d.

Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, pursuant to Section 66427.1 of state law.

e.

Notice may be given in such other manner as is deemed necessary or desirable by the reviewing authority.

f.

The notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process. The information shall include, but not be limited to, date, time, and place of the public hearing as well as a general description and location of the proposal.

g.

"Surrounding property," for the purposes of this section, shall be defined as those properties which fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:

i.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing.

ii.

If the subject property is thirty-five (35) acres or less, all properties within a three hundred (300) foot radius shall be notified. For projects requiring a density transfer, density bonus, legislative act or an environmental impact report, all properties within a six hundred (600) foot radius shall be notified.

iii.

If the subject property is greater than thirty-five (35) acres, all properties within a six hundred (600) foot radius shall be notified. For projects requiring a density transfer, density bonus, legislative act or an environmental impact report, all properties within a nine hundred (900) foot radius shall be notified.

iv.

The reviewing authority may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.

v.

"Contiguous property," for the purpose of this section, shall be defined as those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way or easements.

A one-eighth page display advertisement in a newspaper of general circulation may be substituted for individual property owner noticing, whenever the individual notice would require notification of one thousand (1,000) or more property owners.

vi.

An ownership of surrounding and contiguous properties shall be determined from the latest equalized tax assessment role.

2.

Public Hearing Notification. At least ten days before the meeting date of a project requiring a public hearing, the reviewing authority shall cause notice of the time and place of the public hearing on the project to be given in the following manner:

a.

Notice shall be published once in a newspaper of general circulation for land use approvals requiring a public hearing, if such a newspaper has been legally adjudicated for this purpose; or,

b.

Notice shall be posted at least ten days prior to the public hearing in at least three public places pursuant to state law.

c.

Supplemental Notice Requirements. Additional public notification beyond the boundaries specified in Section 16.12.010(A)(1)(g) may be required for a development application as determined by the reviewing authority in any one of the following circumstances:

i.

The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or,

ii.

The proposed infill project requires a general plan land use amendment; or,

iii.

The proposed infill project requires an EIR; or,

As deemed to be necessary and desirable by the reviewing authority, based on the nature of the proposed project. For large projects, the reviewing authority may determine that additional noticing is necessary.

iv.

In determining the boundaries of an expanded notification area, the following criteria shall be used:

(A)

The expanded area may be directly affected by the proposed project due to proposed or established circulation and drainage pattern, access, view, grading, or other similar considerations, or

(B)

The expanded area is an integral part of the affected neighborhood or subdivision.

v.

If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within thirty (30) days as part of the city's notice of complete application, of the expanded notification area to be included in the mailings.

d.

Other Notice Requirements. Notices required by this section shall be in addition to any other or different notice required by other provisions of this code or by state law, provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable section of this code or state law.

e.

Any public hearing may be continued to a specific date from time to time by the reviewing authority, subject to limitations provided by law; and in such case no further notice need be given.

(Ord. 213 Exh. A (part), 1995; Ord. 192 Exh. A (§ 83.01.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A.

The planning department may require that the applicant submit materials for and attend a preapplication conference to review the development proposal prior to acceptance of the application. The purpose of this conference is to acquaint the city with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinances and improvement standards applicable to the proposal, and to identify any significant development opportunities and/or constraints on the site.

B.

The preapplication conference shall include an exchange of information concerning the whole of the area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.

C.

Application for a preapplication conference shall be made at planning department, and shall be accompanied by the appropriate fee as adopted by the city council. The applicant shall submit the required number of copies of a conceptual plan, showing proposed land use types, areas and locations. The conceptual plan shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section.

D.

The preapplication conference shall address, but not be limited to, the following subject matter:

1.

Subject Parcel. Its size, location, dimensions and area; any existing improvements or development on-site; existing general plan land use designations;

2.

Proposed Development Project. Uses proposed for the site; type and placement of buildings and other improvements;

3.

Characteristics of the Project Site and Vicinity. Existing and proposed land use designations and development on adjacent parcels; any identified natural or man-made hazards on-site or in vicinity;

4.

Proposed Circulation Improvements, Both On and Off-site. Access points and vehicular access ways, parking, loading, and pedestrian circulation;

5.

Public Improvements. Type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements;

6.

Location, amount, type and method of maintenance for proposed open space and landscaped areas;

7.

Community Service Impacts. Estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.

(Ord. 192 Exh. A (§ 83.01.030), 1994)

A.

Application forms for all land use decisions shall be filed with the planning division. Each application for a land use decision shall be accompanied by such information and materials deemed necessary by the reviewing authority to render the requested land use decision. A uniform fee, as established by the city council, shall be paid to the city upon filing of each application. Any application made under the provisions of the development code may be initiated by the city council or by any interested party unless otherwise indicated in this chapter.

B.

All land use decisions subject to the California Environmental Quality Act shall be reviewed by the planning division in accordance with Article XIII of this chapter.

C.

When more than one land use decision is required for a single project, all applications shall be filed concurrently, unless separate filings are authorized by the reviewing authority.

D.

The planning division shall prepare written guidelines that set forth detailed procedures for the review of each application type and which outline the information and materials required for each application. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be rejected by the reviewing authority.

(Ord. 192 Exh. A (§ 83.01.040), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.025 - Time limitations for application acceptance.

The following time limits are established for reviewing land use applications as complete.

A.

Pursuant to Government Code Section 65943, not later than thirty (30) days after the city has received an application for a development project, it shall determine whether the submitted application materials are complete, and shall transmit such determination to the applicant. Upon receipt of any resubmittal, a new thirty-day time period shall begin during which the city shall determine the completeness of the application. If the application together with submitted materials are determined not to be complete, the applicant may appeal the decision to require additional information to the planning commission, as provided for in Section 16.12.055(A)(2) of this article. If the final written determination on the appeal is not made within sixty (60) days, the application as well as the submitted materials shall be deemed complete.

B.

The reviewing authority and the applicant may mutually agree to a reasonable extension of these time limits.

(Ord. 192 Exh. A (§ 83.01.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.030 - Denial of incomplete applications.

A.

In the event that the application is lacking as shown below and it is not provided by the applicant within the time limits specified by Section 16.12.025 of this article, the city may continue or deny a permit or entitlement for a development project to allow time to obtain the needed information. Information whose absence would constitute a reason for such a denial includes:

1.

Information which is necessary to prepare a legally adequate environmental document;

2.

Information without which the city's decision to approve a project would not be supported by substantial evidence.

B.

The city may deny an application for the above reasons. The reviewing authority may choose to deny the project without prejudice, allowing the applicant the right to reapply for the same permit within a year.

(Ord. 192 Exh. A (§ 83.01.060), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.035 - Time limits for rendering land use decisions.

The following time limits are established for rendering land use decisions:

A.

Except for legislative acts of the city council, the reviewing authority shall render its decision on a land use application within the following time limits, or the application shall be deemed approved:

1.

If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or disapproved within six months from the date on which an application requesting approval of the project has been received and accepted as complete by the reviewing authority, except as provided in Section 16.12.025 of this article.

2.

If an environmental impact report (EIR) is prepared, the project shall be approved or disapproved within one year from the date that the project has been accepted as complete by the reviewing authority, except as provided in Section 16.12.025.

3.

Should compelling circumstances justify additional time beyond one hundred five (105) days to complete a negative declaration or beyond one year to complete and certify an environmental impact report, then a reasonable extension of time may be granted by the reviewing authority if the project applicant requests or consents to such an extension, subject to the following provisions:

a.

In the case of an environmental impact report, the planning agency shall approve or disapprove the project within forty-five (45) days after certification of the environmental impact report for a tentative map or parcel map; and ninety (90) days after the certification of the environmental impact report for all other types of development projects.

b.

In the case of a negative declaration, a reasonable extension of time shall not exceed six months and an additional ninety (90) days for all development projects; provided however, subdivisions shall be subject to the time limits specified in the development code, or other applicable adopted codes or ordinances, unless a waiver has been obtained in accordance with this section to allow for such an extension of time.

4.

Pursuant to Section 66452.1 of the Subdivision Map Act, the planning agency shall approve, conditionally approve, extend or disapprove a tentative map or minor subdivision plot plan or a proposed subdivision within fifty (50) days from completion of the negative declaration or completion and certification of an environmental impact report except as otherwise provided by such Act. These time limits or any other time limits for reporting and acting on maps as specified in the development code or any other applicable adopted code, policy or ordinance, may be extended by mutual consent of the subdivider and the reviewing authority. Upon consent of the subdivider, a waiver of any of these time limits may be obtained for the purpose of permitting concurrent processing of related land use applications, or an environmental review on the same development project or subdivision.

B.

When a land use application decision is contingent on approval of another application or ordinance which requires legislative action, such as a general plan amendment, zone change, or ordinance, the time limits specified by this section for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent

(Ord. 192 Exh. A (§ 83.01.070), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.040 - Decisions by the reviewing authority.

A.

A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, a statement containing the reasons for referring the land use decision shall be prepared by the referring authority.

B.

All land use decisions which require a legislative act prior to their approval or denial shall be referred to the city council for final action.

C.

Prior to rendering a land use decision; the reviewing authority shall address each of the findings that apply to the application type as described in Articles II through XII of this chapter. Evidence or testimony shall be given to substantiate each of the required findings for the decision, and shall be specifically cited in the action taken by the reviewing authority.

D.

A land use application which has been denied by the development review committee (DRC), planning commission and/or city council cannot be resubmitted to the city within one year from the decision date.

E.

The DRC, planning commission and/or city council may take an action of denial without prejudice on a land use application. Such action allows the applicant to reapply for the same permit within one year of the decision date. The city council shall have the authority to waive reapplication fees when such action is taken; however, if reapplication is not accomplished within one year of the decision date, the application will be subject to full application fees.

(Ord. 192 Exh. A (§ 83.01.080), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.045 - Effective date of land use decisions.

Unless appealed, land use application decisions become effective as follows:

A.

Unless adopted on an urgency basis, land use ordinances shall become effective thirty (30) days after the second reading of the ordinance.

B.

Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the tenth such day is not a city business day. In such instances, the land use decision shall become effective on the second consecutive city business day following such tenth day.

C.

Land use decisions not made at a public hearing by a reviewing authority become effective on the eleventh day after the written notice of the land use decision has been deposited in the U.S. mail, except when the tenth such day is not a city business day. In such instances, the land use decision shall become effective on the second consecutive city business day following such tenth day.

D.

Notwithstanding the provisions of this section, land use application decisions which are made contingent on the approval of another application or ordinance requiring legislative action, such as a general plan amendment, zone change, or ordinance, shall become effective on the date when the approval of the last such application on which they are subject becomes effective.

(Ord. 192 Exh. A (§ 83.01.090), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.050 - Conditions of approval.

A.

In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval necessary to protect the public health, safety and general welfare.

B.

Minor modifications of the conditions of approval for a development project may be approved by the reviewing authority through the administrative review without notice procedure pursuant to Section 16.12.005. However, should the reviewing authority determine that the modification(s) may have significant impacts on the project site or surrounding properties, then the requested modification(s) may be referred back to the reviewing authority who required the condition(s). The review procedures for the requested modification(s) shall be those which were applicable to the project when originally reviewed.

(Ord. 192 Exh. A (§ 83.01.100), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A.

Prior to its effective date, any land use decision made by a reviewing authority other than the city council may be appealed by the applicant or other affected party, as follows:

1.

"Affected party" includes any resident or business interest, the city, including its elected or appointed officials, and responsible or trustee agencies as defined in the California Environmental Quality Act.

2.

The planning commission shall consider appeals regarding land use decisions made by the DRC, including the decision to require preparation of an environmental impact report (EIR).

3.

The planning commission may refer consideration of an appeal to the city council, except for those decisions involving only a minor exception, a determination as to the completeness of an application, or the requirement for preparation of an environmental impact report. In these instances, the planning commission decision shall be the final and conclusive decision.

4.

The city council shall consider appeals regarding land use decisions made by the planning commission, except as specified above.

B.

Application for an appeal of a land use decision shall be made upon forms supplied by the reviewing authority to which the appeal is being made. Applications for appeals shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the city council, shall be paid to the city upon the filing of each appeal.

C.

An appeal of a land use decision must be filed prior to the date on which such land use decision becomes effective, as specified in Section 16.12.045. A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.

D.

Within thirty (30) days of the acceptance of an application for an appeal of a land use decision, the reviewing authority shall set the matter for hearing and shall give notice of the date, time and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

E.

Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the provisions of the development code, or other applicable adopted city code, ordinance, resolution or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original decision maker. The appropriate authority shall forthwith transmit a copy of the decision to the applicant, and the appellant.

(Ord. 2003-05 § 4 (part), 2003; Ord. 192 Exh. A (§ 83.01.110), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A.

Any land use decision made in accordance with the provisions of this title shall be subject to the following time limitations:

B.

Unless a land use is established or plans have been submitted and accepted by the building division for building permit processing the land use decision shall become null and void.

C.

For non-residential projects, where circumstances warrant, the development review committee may grant extensions of time for a period of time not to exceed twelve (12) months each. The development review

committee shall consider each extension of time on its own merits and may amend the conditions as necessary to bring the project into compliance with the development standards in effect at the time of review of the extension. The development review committee may refer such request for extension to the planning commission for action.

D.

Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted; provided, no single action is taken to grant an extension greater than twelve (12) months.

(Ord. 192 Exh. A (§ 83.01.120), 1994)

(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2020-10, § 2, 113-20; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.12.065 - Issuance of building permits.

A.

General Provisions.

1.

Except as specified in the California Administrative Code and the Building Code, it is unlawful to construct, erect, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, unless a building permit for each building or structure has first been obtained from the department of building and safety for such work.

2.

Each application for a building permit shall be made on a printed form to be obtained at the building division, and shall be accompanied by accurate information and dimensions as to the size and location of the lot; the size and location of the buildings on the lot, the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the building division may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be retained by the building division.

3.

A building permit shall not be issued for the construction or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of the development code, or other applicable governmental entities adopted codes, ordinances, resolutions or standards. The use shall also be in conformity with the approved entitlement, where required by this chapter. Any permit issued contrary to the provisions of this chapter, or other applicable governmental adopted codes, ordinances, resolutions or standards, or not in conformity with approved land use action shall be void and of no effect.

4.

A building permit shall not be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the general plan.

5.

A building permit shall not be issued for a residential building or structure on a lot which does not have a minimum frontage of forty (40) feet unless otherwise approved in a planned development or equivalent development plan, with access on a dedicated street or way acceptable to the city engineer.

a.

Acceptable access shall include a public thoroughfare or right-of-way which is dedicated, deeded or condemned for use as a principal means of access to abutting property, and which is constructed to acceptable standards for the purpose of carrying through traffic; any exceptions to these requirements must be approved by the city engineer.

b.

Where substandard alleys are located at the rear or sides of property, such alleys shall be used primarily for service functions, including but not limited to trash collection, utility service and fire access; alleys shall not be intended or used for conveyance of through traffic, required parking, or for primary access.

c.

Alleys which conform to city standards may be allowed for secondary access.

d.

Any existing alleys must conform to standards contained herein in order to be approved for public use of access.

e.

Paving for alleyways shall meet specifications of the public works department.

f.

Minimum alley right-of-way width shall be twenty (20) feet, and dedication to the city shall be required.

B.

Flood Hazard. The reviewing authority is authorized and shall have the duty to refuse the issuance of a building permit or permits to any applicant whose lot is geographically located in such a manner as to constitute a flood hazard either to the proposed structure of the applicant or to any other property. Such a decision by the reviewing authority may be appealed to the planning commission, pursuant to Section 16.12.055.

(Ord. 192 Exh. A (§ 83.01.130), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A.

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made until the reviewing authority has issued a certificate of occupancy thereof as provided for under the development code and other applicable codes and ordinances adopted or amended by the city and its subsidiary districts.

B.

New Buildings. The reviewing authority may refer any application for a certificate of occupancy to the planning commission for their review and approval.

(Ord. 192 Exh. A (§ 83.01.140), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

16.12.075 - Revocation of land use approvals.

A.

A land use decision may be modified or revoked by the planning commission for the following reasons:

1.

Violation of applicable provisions of the development code, or other applicable city codes, resolutions, ordinances or standards;

2.

Failure to comply with the conditions of approval placed upon the project;

3.

Approval obtained by fraud.

B.

Procedure.

1.

After setting a date for public hearing, the reviewing authority shall notify the applicant and owners of the project in question. Such notice shall be sent by mail and shall state that the commission will be reviewing the project for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 16.12.005(A).

The reviewing authority shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:

a.

Find that the use is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or

b.

Find that the use is not being conducted in an appropriate manner and that modifications to conditions are necessary; or,

c.

Find that the use is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revokes the permit which requires the operation to cease and desist in the time allotted by the commission.

3.

If the planning commission either modifies or revokes a use, then it shall state specific reasons for such action within the resolution.

C.

New Applications Following Denial or Revocation. Following the denial or revocation of a land use application, an application for the same or substantially the same use of the same or substantially the same site shall not be filed within one year of the date of denial or revocation.

D.

Any building permits issued for a project on which the approved land use decision has been revoked shall be null and void.

(Ord. 192 Exh. A (§ 83.01.150), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

In accordance with Government Code Section 66018, the city council shall establish development impact fees and connection charges by resolution at a regularly scheduled meeting where a public hearing is held for the consideration of said fees/charges.

(Ord. 2001-11 § 3, 2001)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)