Chapter 3 — DEFINITIONS

The provisions of Chapter 3 of Division 1 shall be known as the Definitions. The intent of this chapter is to promote consistency and precision in the interpretation of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The meaning and construction of words and phrases as set forth herein shall apply throughout this Title. If a word is not defined in this Title, the definition provided in the latest edition of the Uniform Building Code, as adopted by the City, shall be applicable. If said word is not defined in the latest edition of the Uniform Building Code, as adopted by the City, the definition provided in Webster's Third New International Dictionary shall be used.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following general rules of construction shall apply to the textual provisions of this Title:

(a)

Chapter and Section References. "Chapter" means a chapter of the ordinance codified in this Title unless some other ordinance is specifically mentioned. "Section" means a section of the ordinance codified in this Title unless some other ordinance is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs unless some other section is specifically mentioned.

(b)

Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of this Title.

(c)

Illustrations. In case of any differences of meaning or implication between the text of any section or chapter and any illustration, the text shall control.

(d)

Gender. The masculine gender includes the feminine and neuter.

(e)

Number. The singular number includes the plural, and the plural the singular.

(f)

Tense. The present tense includes the past and future tenses, and the future tense includes the present tense.

(g)

Oath and Affirmation. "Oath" includes "affirmation".

(h)

Shall and May. "Shall" is mandatory and "may" is permissive.

(i)

Signature or Subscription and Mark. "Signature" or "subscription" includes "mark" when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

(j)

Statutory References. Inclusion of Amendments and Additions. Whenever reference is made to any portion of the ordinance codified in this Title, or of any other ordinance of this County or of any law of this State, the reference applies to all amendments and additions now or hereafter made.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, the following definitions shall be applicable throughout this Title:

Abatement. "Abatement" means the correction or elimination of a violation of this Title.

Abatement, Involuntary. "Involuntary Abatement" means the correction or elimination of a use or condition of land constituting a violation of this Title by, under the direction of, or at the initial expense of the county.

Abatement, Subsequent. "Subsequent Abatement" means a second or subsequent determination of a violation of this Title within two (2) years from notification of violation of this Title on the same property.

Abatement, Voluntarily. "Voluntary Abatement" means the correction or elimination of a use or condition of land constituting a violation of this Title by the owner, other person in possession or control of the property, or designee after notification by the City that a violation of this Title exists and must be abated.

Abutting. "Abutting" means two (2) or more properties sharing a common boundary.

Access. "Access" means the right of an owner of land to go and return from his own land to a public road.

Access, Approved. "Approved access" means a way or means of approach to a parcel from either an abutting public road or from a private road, street, or right-of-way approved by the City.

Access, Restricted. "Restricted access" means that the right of access to a parcel has been dedicated to the City and that, as a consequence, a property owner no longer has a right to go to and from his property over that right-of-way line.

Accessory. "Accessory" means a building or a use that is compatible with, and incidental or subordinate to, the main structure or the main use of the land and is located on the same lot. For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16. "Accessory structure" means a structure that is either: 1. Solely for the parking of no more than two (2) cars; or 2. A small, low-cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500.00) in value.

Accessory Dwelling Unit. "Accessory Dwelling Unit" (also known as an "ADU") means an attached or a detached dwelling unit that provides living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary single-family dwelling. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also may be an efficiency unit, as provided for in Section 65852.22 of the California Government Code, and a manufactured home, as defined in Section 18007 of the California Health and Safety Code, provided that the standards of this Title are met.

(a)

"Attached ADU" means a new ADU constructed as a physical expansion (i.e., addition) of the primary dwelling that is attached to the Single-family Dwelling by one (1) or more common walls.

(b)

"Converted ADU" means an ADU constructed within the interior of an Existing Structure that occupies part of the floor area of the Existing Structure. A Converted ADU does not include an ADU that would: (a) increase the height of an Existing Structure; (b) require removal of more than fifty (50) cubic yards of earth as part of the excavation of an Existing Structure; or (c) increase the floor area of the Existing Structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.

(c)

"Detached ADU" means a new ADU that is located on the same lot as a Single-family Dwelling but does not share any walls with that dwelling.

(d)

"Interior ADU" means an ADU that is contained entirely within an existing Single-family Dwelling. See also "Junior Accessory Dwelling Unit."

Accessory Structure. "Accessory Structure" means a structure that is accessory and incidental to a dwelling unit located on the same lot.

Accessory Use. "Accessory Use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Additional Town Center Unit. "Additional Town Center Unit" means a dwelling unit which provides affordable housing opportunities for low-income and medium income persons in the Town Center of the Mountain House Community and which is not included in the calculations of residential densities as specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community.

Adjacent Land. "Adjacent land" means a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

ADU Checklist. "ADU Checklist" means a form created by the Community Development Department listing all of the information that must be provided on plans submitted with building permit applications for ADUs and JADUs in order to have these plans accepted for plan check.

Affordable Housing. "Affordable housing" means that housing which can be rented or purchased by those of moderate, low, and very low-incomes as specified in the California Code of Regulations (Title 25, Sections 6922 and 6924).

Agency. "Agency" means a public entity empowered to provide those services necessary to support a particular development.

Aggregate Base. "Aggregate base" means a mixture of sand and crushed rocks up to three-quarters inch (¾″) in size. It is also known as AB or road base.

Agricultural Land, Prime. "Prime agricultural land" means land that is classified as either "prime farmland," "farmland of statewide importance, (sub-type non-grazing land)," "unique farmland," or "farmland of local importance" by the Farmland Mapping and Monitoring Program.

Agricultural Operation. "Agricultural operation" means any land-related activity on agriculturally zoned lands whose purpose is cultivating or raising plants or animals, or conserving or protecting lands for such purposes, and is not a surface mining or burrow pit operation.

Agricultural Products. "Agricultural products" means the item that results from any operation or process that changes the form, flavor or consistency of produce. Agricultural products include, but are not limited to, condiments, pies, candied or flavored nuts, wine, and pickled peppers.

Agricultural Store, Large. "Large agricultural store" means a food establishment, housed in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on-site.

Agricultural Store, Small. "Small agricultural store" means a food establishment, housed in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food and bottled or canned beverages for off-site consumption.

Agriculture. "Agriculture" means the growing of crops for food or fiber and/or the raising of animals for commercial purposes.

Airport. "Airport" means any landing area, runway, airstrip, or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, helicopters, and balloons, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open spaces.

Airport Hazard. "Airport hazard" means any structure, tree, or use of land which obstructs the required air space, or is otherwise hazardous to the flight of aircraft in landing or taking off at an airport.

Airport Hazard Area. "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in Division 16 of this Title.

Airport Imaginary Surface. "Airport imaginary surface" means those surfaces defined in Title 14, Subsection C of Part 77, of the Code of Federal Regulations, as amended.

Alley. "Alley" means a secondary means of access to property located at the rear or side of the property.

Alternative Surfacing Materials. "Alternative surfacing materials" mean parking lot surfacing materials other than asphalt concrete or Portland cement concrete including, but not limited to, brick or cut (cobble) stone, treated or untreated aggregate base, treated or untreated gravel, or spraying the existing surface with water or dust palliatives.

Ambient Noise Level. "Ambient noise level" means the background noise level always present when isolated, identifiable sources are absent.

Annular Space. "Annular space" means the space between two concentric well casings or between the casing and the wall of the drilled hole.

Antenna. "Antenna" means, when used in association with the terms wireless telecommunication facilities or supporting equipment, any system of poles, panels, rods, reflecting discs or similar devices that transmits or receives radio frequency signals for commercial, wireless telecommunication establishments.

Antiquated Subdivision. "Antiquated subdivision" means a subdivision that: (1) was approved prior to October 1961, (2) is underdeveloped or only partially developed, and (3) could not be approved as a subdivision now because of more stringent or different requirements.

Apartment. "Apartment" means a room or suite of rooms in a multiple dwelling, designed for, intended for, and/or occupied by one (1) family.

Apartment House. "Apartment house" means a multiple dwelling with three (3) or more dwelling units.

Applicable Public Agency. "Applicable Public Agency" means a public agency or its successor that is the recipient of Public Land within the Mountain House Community and that is authorized to provide the infrastructure and services on said Public Land.

Approval. "Approval" means favorable action on a map or development project, with or without conditions by the Review Authority, prior to the expiration date specified by ordinance. Previous favorable action on a map, development project, or time extension thereof which has expired does not constitute approval.

Aquifer. "Aquifer" means a geologic formation, group of formations, or part of a formation that is water bearing and which transmits water in sufficient quantity to supply springs and pumping wells.

Arcade. "Arcade" means any establishment operating or exhibiting more than five (5) amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement, and for which a fee is charged to play.

Area Facilities Plan. "Area Facilities Plan" means a plan adopted by the City Council which shows the infrastructure facilities to be constructed and the geographical area which will benefit from such facilities. The Area Facilities Plan will include a spread of the cost of the improvements to the various properties within the plan service area.

Area of Benefit. "Area of benefit" means a geographical area which is created to spread the cost of a service or improvement.

Area of Special Flood Hazard. "Area of special flood hazard" means an area having special flood hazards as identified by the Federal Emergency Management Agency, the Federal Insurance Administration, or the Floodplain Administrator.

(a)

The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled "Flood Insurance Study for County of San Joaquin, November 1979," as amended, and shown on the accompanying Flood Insurance Rate Maps as Zones A, A0, A1-30, AE, A99, or AH, or on the Floodway Maps as floodways;

(b)

The areas of special flood hazard identified by the Floodplain Administrator include those areas, not identified by the Federal Emergency Management Agency or the Federal Insurance Administration in Subsection (a), that the Floodplain Administrator considers a risk from flooding;

(c)

The areas of special flood hazard are areas of floodway and flood fringe as defined in this Chapter.

Asphalt Concrete. "Asphalt concrete" means a commercially premixed surfacing material using a black, bituminous tar like binding agent that is placed on top of a base material such as aggregate base, sand or concrete. It is also known as AC, blacktop, paving or asphalt.

Automotive Wrecking Yard. "Automotive wrecking yard" means any lot or portion of a lot used for the storage, salvaging, dismantling, or sale of two or more unregistered, inoperable motor vehicles.

Average FAR. "Average FAR" means the floor area ratio calculated by dividing the total Livable Area plus attached garage interior floor area by the total lot area for all lots subject to and included within a Model Home Master Plan.

Balloon. "Balloon" means a large airtight bag that rises into the air when filled with a gas which is lighter than air.

Banner. "Banner" means a sign constructed of light weight, non-rigid materials with no enclosing framework.

Base Flood. See "Flood, Base."

Basement. "Basement" means a story all or partly underground. A basement shall be counted as a story for purposes of height measurement if one-half (½) or more of its height is above grade.

Bedrock. "Bedrock" means the solid undisturbed rock in place either exposed at the ground surface or beneath surface deposits of loose rock or soil.

Bedroom. "Bedroom" means any room with a closet which meets the minimum Uniform Building Code requirements for egress, windows, and doorways.

Bench. "Bench" means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

Billboard. See definition for "Off-Premises Sign."

Bikeway. "Bikeway" means a Class I bike path, a Class II bike lane, a Class III bike route, or a bicycle commuter route.

Biologist, Qualified. "Qualified biologist" means any person who has completed at least four (4) years of training in wildlife biology or a related science and has demonstrated field experience in the identification and life history of the animal that is the subject of the survey.

Biomass Energy Production. "Biomass energy production" means the conversion of plant material or plant or animal waste to a useable source of energy for on-site use.

Block. "Block" means one (1) side of a street located between two (2) intersections.

Boarding School. "Boarding school" means a school providing both lodging and meals for its pupils.

Boutique Sale. "Boutique sale" means the sale of handcrafted items from residential property.

Buffer Zone. "Buffer Zone" means an area of land surrounding a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.

Building. "Building" means any structure used for or intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building, Accessory. "Accessory building" means a subordinate building which is an incidental and related use to that of the main building or main use of the land on the same lot.

Building Coverage. "Building coverage" means the amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of a lot.

Building Height. "Building height" means the vertical measure of a building from the average finished ground level of the building pad to the highest point of the roof.

Building, Main. "Main building" means the building or one of the buildings housing a principal use on a lot.

Building Official. "Building Official" means the Deputy Director of Building Inspection of the City of Mountain House, acting either directly or through his authorized deputies.

Building, Public. "Public building" means a building owned and operated by a public agency of the United States of America, the State of California, or any of their political subdivisions, districts, or municipal corporations.

Building Site. "Building site" means the ground area occupied or to be occupied by a building or a group of buildings together with all open spaces required by this Title.

Carport. "Carport" means a private garage not completely enclosed by walls or doors.

Casing. "Casing" means a tubular retaining structure which is installed in the bore hole to maintain the well opening.

Cathodic Protection Well. "Cathodic protection well" means any artificial excavation constructed by any means for the purposes of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground (commonly referred to as cathodic protection).

Cemetery. "Cemetery" means land used or intended to be used for the burial of animal or human dead and which is dedicated for cemetery purposes, including columbaria, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Chip Seal. "Chip seal" means a layer of aggregate base covered by a layer of liquid asphalt topped with a layer of pea size gravel.

City. "City" means the City of Mountain House.

City Council or Board. "City Council" or "Council" means the City Council of the City of Mountain House.

City Engineer. "City Engineer" means the City Engineer of the City.

City Maintained Road. "City maintained road" means a road for which the City has accepted rights-of-way and maintenance responsibilities.

Civil Engineer. "Civil engineer" means a professional engineer registered as a civil engineer by the State of California.

Class I Bike Path. "Class I bike path" means a path where bicycle travel is the designated use and which is separated from the vehicular network to provide the greatest degree of physical safety for the cyclist.

Class II Bike Lane. "Class II bike lane" means a path where bicycle travel is the designated use and which consists of a separate marked lane within a roadway, with guide signs and pavement markings along the way.

Class III Bike Route. "Class III bike route" means a path where bicycle travel is the designated use and which is signed only, with the cyclist sharing the right-of-way with motorists.

Clearance. "Clearance" means the smallest vertical distance between grade and the lowest point of any sign, including any structure or framework and embellishments extending over the grade.

Club. "Club" means an association, whether incorporated or unincorporated, of persons organized for some common nonprofit purpose, not including a group organized solely or primarily to render a service customarily carried on as a business.

Collocation. "Collocation" means the sharing of a wireless telecommunications support structure between two (2) or more service providers.

Commercial Cannabis Activity. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products or any other activity provided for in Medicinal and Adult Use Cannabis Safety and Regulation Act.

Commercial Coach. "Commercial coach" means a structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes; required to be moved under permit; and not intended to be used as a residence for human habitation.

Commercial Project. "Commercial project" means a development project which involves the distribution and sale or rental of goods and/or the provision of services.

Common Interest Development. "Common interest development" means any of the following:

(a)

A community apartment project (apartment).

(b)

A condominium project.

(c)

A planned development.

(d)

A stock cooperative.

Compaction. "Compaction" means the increase of density of a soil or rock fill by mechanical means.

Condominium. "Condominium" means a subdivision as defined in Civil Code Section 1350.

Consistency. "Consistency" means conformity to.

Construction. "Construction" means the construction, erection, enlargement, alteration, conversion or movement of any building, structure or land, including scientific surveys.

Contamination. "Contamination" means an impairment of the quality of waters to a degree which creates a hazard to the public health through poisoning or the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of waste, whether or not water of the City is affected.

Contiguous. Except as modified by Chapter 21 of Division 8, "contiguous" means to be in actual contact,

touching, bounded or traversed by, even though separated by roads, streets, easements, or railroad rightsof-way. In Chapter 21 of Division 8, "contiguous" means parcels or units of land which share a common boundary.

Contour. "Contour" means a line representing the configuration of the ground at a certain elevation.

Convalescent Home. See "Nursing Home."

Coop. "Coop" means a cage or pen for poultry or other fowl.

Corral. "Corral" means a space, other than a building, less than one (1) acre in area used for the confinement of animals.

Court. "Court" means an open, unoccupied space, other than a yard, located on the same lot with a building or buildings and bounded on two (2) or more sides by such building or buildings.

Cul-de-sac Street. "Cul-de-sac street" means a road open at one end only, with special provisions for turning around at the opposite end.

Cultivator License. "Cultivator license" means a license issued by the City to plant, grow, harvest, dry, cure, grade, or trim cannabis and who holds an authorized Annual State License with an A-License or M-License designation.

Cut. See "Excavation."

Cutoff. "Cutoff" means the point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cutoff) at a specific angle above the ground.

Cutoff Angle. "Cutoff angle" means the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.

Dairy. "Dairy" means any premises where milk is produced for sale or distribution and where two (2) or more cows or six (6) or more goats are in lactation.

Days. "Days" means calendar days.

Dedicate, Dedicated, and Dedication. "Dedicate, dedicated, and dedication" means the legal process of transferring, whether by grant deed, certification on a subdivision map, or otherwise, Public Land to an Applicable Public Agency.

Density Bonus. "Density bonus" means an increase in residential units over the maximum number of normally allowed units within a residential General Plan designation.

Density Bonus Unit. "Density Bonus Unit" means an additional residential dwelling unit which is not included in the calculations of residential densities specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community and which is permitted to be constructed as part of a residential development in the Mountain House Community, provided said development satisfies the conditions specified in Chapter 9-315.

Department. "Department" means the City of Mountain House Community Development Department.

Depth of Fill. "Depth of fill" means the vertical dimension from the exposed fill surface to the original ground surface.

Design. "Design" means standards related to the following:

(a)

Street alignments, grades, and widths;

(b)

Drainage and sanitary facilities, utilities, and flood control projects, including sizes, alignments, and grades thereof;

(c)

Location and size of all required easements and rights-of-way (existing or future);

(d)

Fire roads and firebreaks;

(e)

Lot size and configuration;

(f)

Access;

(g)

Grading;

(h)

Land to be dedicated for park or recreational purposes;

(i)

Land to be dedicated for public access to public resources; and

(j)

Such other specific physical requirements as may be necessary to ensure consistency with, or implementation of, the General Plan or an applicable Specific Plan or Special Purpose Plan.

Design Standards. "Design standards" means the design requirements established by the City Council by resolution and applicable at the time of approval of a project.

Developer. "Developer" means, for purposes of the Mountain House Development Title, the legal or beneficial owner or owners of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land, and any successor in interest thereto.

Development. "Development" means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of the land. For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16 "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Development Agreement. "Development Agreement" means a written agreement between the City and a person having a legal or equitable interest in real property for the development of that real property as provided in Chapter 9-1300 and Government Code Section 65864 et seq.

Development Permit. "Development Permit" means any discretionary or ministerial permit required for a project.

Development Project. "Development project" means any project for which a discretionary permit is required, excluding General Plan amendments, ordinance text changes, rezonings, Specific Plans and Specific Plan amendments, and Special Purpose Plans and Special Purpose Plan amendments.

Director. "Director" means the City Manager or his or her designee.

Director of Public Works. "Director of Public Works" means the Director of the Department of Public Works of the City or the Director's designee.

Discretionary Permit. "Discretionary permit" means any permit required before the development or use of real property can proceed, in which the Review Authority may approve, deny, or approve subject to conditions, said permit. Discretionary permits include, but are not limited to, Major and Minor Subdivisions, Use Permits, Variances, Zone Reclassifications, and Site Approvals.

Disposal. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent of the waste may enter the ground, be emitted into the air, or be discharged into any waters, including groundwater.

Distributor License. "Distributor license" means a license issued by the City to procure, sell, and transport cannabis and cannabis products who holds an authorized Annual State License with an A-License or M- License designation.

District. "District" means any special district empowered to operate and maintain water or wastewater infrastructure.

Dock, Private. "Private dock" means a dock or basin providing water dockage for small craft for use by only the property owner, adjacent property owners or club members.

Drainage Facility. "Drainage facility" means any structure or feature, either natural or artificial, which causes or allows water to flow intermittently or continuously from one place to another and which lies partly or wholly along, within, or across any County highway or affects any County highway.

Drip Line. "Drip line" means an area delineated by projection of the periphery of the crown area of a tree down to the ground surface.

Dwelling. "Dwelling" means any building or portion thereof which contains one or more dwelling units.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building arranged or designed to contain three (3) or more dwelling units.

Dwelling, Second Unit. "Second unit dwelling" means a detached or attached dwelling unit, not including a mobile home, that is located on the same parcel as a primary single-family dwelling, is clearly subordinate in size to said primary single-family dwelling, and is subject to the requirements specified in Chapter 13 of Division 8.

Dwelling, Single-Family. "Single-family dwelling" means a building arranged or designed to contain one (1) dwelling unit, not including mobile homes that are not on permanent foundations.

Dwelling Unit. "Dwelling unit" means any building or portion thereof containing living facilities, including provisions for sleeping, eating, cooking, and sanitation for no more than one family.

Easement. "Easement" means the right to use another's property. Easements are usually over a defined area and for a specific use such as public utilities, drainage facilities, roads, sewers, or access.

Eave. "Eave" means the projecting lower edges of a roof overhanging the wall of a building.

Educational Animal Project. "Educational animal project" means an animal husbandry activity which is under the supervision of an educationally oriented youth program or organization connected to a school or nonprofit organization.

Efficiency Kitchen. "Efficiency Kitchen" (also known as a "kitchenette" or "partial kitchen") means an area with a kitchen sink, cooking appliance and refrigeration facilities and a clear working space of not less than thirty (30) inches in depth.

Efficiency Unit. "Efficiency Unit" means a small dwelling unit with a minimum floor area of two hundred twenty (220) square feet and a kitchen or Efficiency Kitchen, living and sleeping areas, a separate bathroom, and a separate closet that meets all Building Code requirements for such units.

Electrified Security Fence. An "Electrified Security Fence" is a permanent fence with a battery powered, low voltage, pulsed current that conforms to the 2006 International Standards and Specifications of the International Electrotechnical Commission for electric fence energizers (International Standard IED 60335, Part 2-76). No electrified security fence shall be installed unless there is an outer protective barrier a minimum of six (6) feet in height located between the property line and the electrified security fence.

rrent that conforms to the 2006 International Standards and Specifications of the International Electrotechnical Commission for electric fence energizers (International Standard IED 60335, Part 2-76). No electrified security fence shall be installed unless there is an outer protective barrier a minimum of six (6) feet in height located between the property line and the electrified security fence.

Embankment. See "Fill."

Emergency Work. "Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in a short term effort to protect, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

Encroachment. "Encroachment" means the act of constructing, excavating, improving, or installing improvements within the City right-of-way. "Encroachment" also means the improvement, excavation, or facility constructed or installed within the City right-of-way.

Encroachment Permit. "Encroachment Permit" means a written permit issued by the Department of Public Works authorizing certain work within a publicly maintained right-of-way.

Enforcement Official. "Enforcement Official" means, the Director of the Community Development Department, the Director of the Environmental Health Department, the Agricultural Commissioner, or their deputy or employee, or any person authorized by law or ordinance.

Engineering Geologist. "Engineering Geologist" means a registered geologist certified as an Engineering Geologist by the State of California.

Environmental Impact. "Environmental impact" means projected long-term or short-term effects (adverse or beneficial) which a development project or plan may have on the natural and built environment if the project is carried out.

Environmental Review Officer. "Environmental Review Officer" means the Director or the Director's designee.

Equivalent Sound Level (Leq). "Equivalent sound level" or "Leq" means the sound level containing the same total energy as a time-varying sound level over a given sample period, typically computed for a one (1) hour sample period.

Erosion. "Erosion" means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice.

Establishment. "Establishment" means a single, physical location at which economic activity occurs, such as a store, a factory or a farm.

Evacuation Plan. "Evacuation Plan" means a plan for the evacuation of mobile homes and recreational vehicles in existing mobile home parks, or for the evacuation of existing and proposed recreational vehicle

parks, during time of flood hazards.

Existing Manufactured Home Park or Subdivision. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 3, 1980.

ion. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 3, 1980.

Existing Structure. "Existing Structure" means, for purposes of Chapter 13 of Division 8, Residential Accessory Dwelling Units, an existing Single-family Dwelling (including all fully enclosed areas such as a partial basement, attic, or an attached garage) or other Accessory Structure that can be safely converted into habitable space under building and fire codes.

Exotic Animals. "Exotic animals" mean animals generally considered wild or not normally domesticated, including, but not necessarily limited to, chinchillas, foxes, wolves and wolf-dog hybrids, and game animals.

Expansion to an Existing Manufactured Home Park or Subdivision. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Expansive Soil. "Expansive soil" means any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Building Inspector.

Family. "Family" means one (1) individual or more than one (1) individual related by blood or marriage or a group of not more than five (5) individuals not related by blood or marriage, excluding servants, living together in a dwelling unit.

Family, Immediate. "Immediate family" means individuals related by blood, marriage, or adoption who personally or through a spouse are in a direct line of descent from another family member.

Family Food Production. "Family food production" means the raising or keeping of small animals or fowl on the same lot as the primary residence of the family.

Farm Cooperative. "Farm cooperative" means a group of two (2) or more growers or producers who associate for the purpose of selling farm produce for the mutual benefit of its members.

Farm Employee Housing. "Farm employee housing" means any housing provided exclusively for temporary, seasonal, or permanent occupancy by agricultural employees and their immediate families, as defined in Section 1140.4 of the California Labor Code.

Farm Employee Housing, Large. "Large farm employee housing" means farm employee housing consisting of thirty-seven (37) or more beds in a group quarters used exclusively for farm employees, or thirteen (13) or more units or spaces designed for use by a single-family or household.

Farm Employee Housing, Small. "Small farm employee housing" means farm employee housing consisting of no more than thirty-six (36) beds in a group quarters used exclusively for farm employees, or twelve (12)

units or spaces designed for use by a single-family or household.

Farm Employee Housing, Temporary. "Temporary farm employee housing" means farm employee housing used in conjunction with work performed on the site or on property owned or leased by the owner for no more than eight (8) weeks per year.

Fee Per Lot Square Foot. "Fee per lot square foot" means that fee component of the Affordable Housing Impact Fee that is applied to the net parcel area of a residential parcel.

Feedlot. "Feedlot" means a pen, corral, shelter, or other similar confinement used exclusively to fatten animals for market and in which supplemental feeding is provided.

Fence. "Fence" means a wall or barrier constructed of boards, masonry, wire, or any other material for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls but does include fence gates and gateposts.

Fence, Open. "Open fence" means a fence constructed of materials which allow a clear view between the property that is fenced and a road or adjoining properties. Materials used to build an open fence may include wire, wood rails, chain link, and wrought iron.

Fill. "Fill" means the deposit of soil, rock, or other materials placed by man and includes the conditions resulting therefrom.

Final Grade. "Final grade" means the elevation of a property or portion thereof upon the completion of grading or excavation.

Final Map. "Final map" refers to the map or recording instrument for Major Subdivisions of land as described in Chapter 9-910. The final map must be in substantial compliance with the approved tentative map. A final map filed with the County Recorder may also be used to effect an approved tentative map for a Minor Subdivision at the option of either the subdivider or the City.

Findings. "Findings" means a set of conclusions required before specified permits or other entitlements may be granted by the Review Authority.

Finish Grade. "Finish grade" means the final elevation of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

Fireworks. "Fireworks" means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, including fireworks classified by the Health and Safety Code as "dangerous fireworks". This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps.

Flag. "Flag" means a piece of cloth or bunting, often attached to a staff, representing emblems of the USA, State of California, or civic, philanthropic, educational, or religious organizations, when not used for advertising.

Flag Lot. See "Lot, Flag."

Flea Market. "Flea market" means a building or portion of a building where individual market stalls or spaces are provided for persons to display, buy, sell, exchange, or deal in new or used goods.

Flood or Flooding. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas.

Flood Control Engineer. "Flood control engineer" means the engineer appointed by the City Council to supervise and administer the City of Mountain House Flood Control and Water Conservation District, and shall be the Director of Public Works.

Flood Control Facilities. "Flood Control Facilities" means levees, dredger cuts, retention basins, dams, and flood channels.

Flood Elevation. "Flood elevation" means the elevation of the water surface of the one hundred (100) year flood shown on the Flood Insurance Maps or the elevation of flood water in an area having a one percent (1%) or greater probability of flood in any given year, as determined by the Floodplain Administrator.

Flood Fringe. "Flood fringe" means the area of the one hundred (100) year flood, exclusive of the floodway,

as shown on the Flood Insurance Maps and any area determined by the Floodplain Administrator to have a one percent (1%) or greater probability of flood in any given year.

Flood Hazard. "Flood hazard" means the danger of damage to persons or property from overflow water resulting from a one hundred (100) year flood or from the accumulation or flow of water determined to be hazardous by the Floodplain Administrator.

Flood Height. "Flood height" means the depth of the flood water during the one-hundred (100) year flood, computed as the difference between the elevation of the one hundred (100) year flood water surface and the elevation ground surface at a given point in the flooded area.

Flood Insurance Maps. "Flood Insurance Maps" means those maps submitted to the City by the Federal Emergency Management Agency as part of a report entitled "Flood Insurance Study for County of San Joaquin, November 1979," as amended and any subsequent amendments and/or revisions. The maps include the Flood Insurance Rate Maps and the Floodway Maps.

Flood Insurance Rate Map or FIRM. "Flood Insurance Rate Map" or "FIRM" means the official map in which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City (e.g., AO, AH, etc.).

Flood Insurance Study. "Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water sur-face elevations submitted to the City by the Federal Emergency Management Agency as part of a report entitled "Flood Insurance Study for County of San Joaquin, November 1979," as amended and any subsequent amendments and/or revisions.

Flood Variance. "Flood variance" means a grant of relief from the requirements of Chapter 2 of Division 16 of this Title that permits construction in a manner that would otherwise be prohibited by said chapter. (See Section 9-8-1701 for Flood Variance application.)

Floodplain Administrator. "Floodplain Administrator" means the person appointed by the City Council to administer and implement the flood prevention provisions of this Title, as described in Division 16 of this Title.

Floodplain Encroachment Permit. "Floodplain Encroachment Permit" means a permit issued by the Department of Public Works for any project that would alter a watercourse.

Floodplain Management. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage.

Floodproofing. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to properties, utilities, structures, and their contents.

Floodway. "Floodway" means:

(a)

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot;

(b)

The floodway shown on the Flood Insurance Maps;

(c)

The designated floodway of the State Reclamation Board, if the Flood Insurance Maps do not indicate the floodway;

(d)

The river or other watercourse itself, between its levees or banks, to the elevation of the one hundred (100) year flood, if the Flood Insurance Maps do not indicate the floodway and the State Reclamation Board has not established a designated floodway; or

(e)

The channel necessary to carry a flood with a one percent (1%) or greater probability of occurring in any given year established by the Floodplain Administrator, if the above criteria do not determine the floodway.

Floor Area. "Floor area" means the usable area of a building or portion thereof, under the horizontal projection of the roof or structural membrane, excluding garages, carports, porches, patios, courts and vent shafts.

Floor Area Ratio. "Floor area ratio" means the gross floor area of all buildings on a lot divided by the lot area.

Food Establishment. "Food establishment" means any location or portion thereof, any room or any building that is maintained, used or operated for the purpose of storing, preparing, packaging or otherwise handling food that is engaged in retail trade.

Food Preparation. "Food preparation" means packaging, processing, assembling, portioning or any operation which changes the form, flavor or consistency of food, but does not include the trimming of produce.

Forty-Five Degree (45°) Clear. "Forty-five degree (45°) clear" means that all points on a structure must not touch an imaginary line drawn at a forty-five degree (45°) angle from the nearest right-of-way line or property line, as applicable.

Freestanding Structure. "Freestanding structure" means a monopole, lattice tower, or other vertical support which is not a building, that is used for wireless telecommunication, or radio or television broadcasting.

Frontage. "Frontage" means that side of a lot which abuts a public road, or waterway if so specified.

Frontage, Primary. "Primary frontage" means that side of a lot abutting a street where the main building entrance is located and in the general direction in which the principal building faces.

Frontage Road or Service Road. "Frontage road" or "service road" means a road immediately adjacent to a freeway, expressway, or arterial. The frontage road provides access to local properties that would otherwise front on the freeways, expressways, or arterials.

Frontage, Secondary. "Secondary frontage" means that side of a lot abutting a street which is to the side or in the opposite direction from which the principal building faces.

Garage, Private. "Private garage" means either: (a) a building or portion of a building, not more than one thousand (1,000) square feet in area, in which motor vehicles or pleasure type vehicles used by the owners or tenants of the building or buildings are stored or kept, or (b) a building or a portion of a building up to three thousand (3,000) square feet in area which meets the special area provisions for private garage contained in the latest edition of the Uniform Building Code as adopted by the City. The building shall be without separate gas and electrical services.

Garage Sale. "Garage sale" means the sale of household articles or personal possessions incidentally accumulated during normal and conforming residential use of the property on which the sale is held.

General Plan. "General Plan" means the official document consisting of maps and text adopted by the City as a policy guide to decisions pertaining to the physical development of the City. It is the City's statement of goals, policies, and actions necessary for orderly development and growth and thereby serves as a guide for many public decisions, especially land use changes, preparation of capital improvement programs, enactment of growth accommodation legislation, and imposition of impact fees.

Geotechnical Engineer. "Geotechnical engineer" means a civil engineer registered by the State of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title "soil engineer."

Geotechnical Engineering. "Geotechnical engineering" means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and may include the inspection, testing, and construction thereof.

Grade. "Grade" means the elevation of a specified surface or the degree of rise or descent of a sloping surface.

Grade, Existing. "Existing grade" means the elevation of the ground surface at a given point prior to excavating or filling.

Grade, Natural. "Natural grade" means the elevation of the ground surface in its natural state, before manmade alterations.

Grading. "Grading" means any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.

Grading Excavation. "Grading excavation" means the levelling or excavating of property where:

(a)

The final grade has an average elevation equal to or greater than the natural grade, or

(b)

The final grade has an average elevation equal to or greater than the existing grade, if the natural grade cannot be determined.

Grading Plan. "Grading Plan" means a plan prepared in accordance with Division 14 which shows excavation and reclamation work.

Ground Water. "Ground water" means that part of the subsurface water which is in the zone of saturation.

Group Care Facility. "Group care facility" means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision on a twenty-four (24)-hour a day basis to either mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals.

Group H Occupancies. "Group H Occupancies," as defined by the Uniform Building Code, mean buildings or structures, or portions thereof, that involve the manufacturing, processing, generation, or storage of materials that constitute a high fire, explosion, or health hazard, including semi-conductor fabrication.

Grout. "Grout" means a fluid mixture of cement or other approved material and water of a consistency that can be forced through a pipe and placed as required to form a watertight seal. Various additives, such as sand, bentonite, and hydrated lime, are used to meet certain requirements. For example, sand is added when a considerable volume of grout is needed.

Guesthouse. "Guesthouse" means a separate dwelling structure, not exceeding four hundred (400) square feet, located on a lot with one or more main dwelling structures, used for housing guests or servants, not

containing kitchen facilities, and not rented, leased, or sold separately from the rental, lease, or sale of the main dwelling.

Habitat. "Habitat" means the natural environment of a plant or animal.

Hazardous Materials. "Hazardous materials" means any substance, waste, or material defined as an "extremely hazardous waste" or "hazardous waste" by Section 25115 or 25117 of the California Health and Safety Code, and any material listed or cited in Section 66680 of Title 22 of the California Administrative Code. As used herein, "hazardous material" shall also include any substance, waste or material which meets any of the following criteria:

(a)

Toxic: capable of producing injury, illness, or damage to humans, livestock, or wildlife through ingestion, inhalation, or absorption through any body surface;

(b)

Corrosive: capable of destroying by chemical action living tissue through contact;

(c)

Irritants: capable of causing a local inflammatory reaction;

(d)

Strong sensitizers: capable of causing allergic or hypersensitive reactions; or

(e)

Flammable: capable of burning during normal handling and which may produce harmful gas or particles.

"Hazardous waste" means any waste, or combination of wastes, as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical, or infectious characteristics may either:

(a)

Cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness; or

(b)

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, tr disposed of, or otherwise managed. The term "hazardous waste" shall include extremely hazardous waste and acute hazardous waste.

Hazardous Waste Facility. "Hazardous waste facility" means any structure, other appurtenance, improvements on the land, and all contiguous land used for the treatment, storage, disposal, resource recovery, transfer, or recycling of hazardous wastes. It may consist of one or more treatment, transfer,

storage, resource recovery, disposal, or recycling hazardous waste management units, or combination of these units.

Heliport. "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

Heritage Oak Tree. "Heritage oak tree" means a native oak tree that has a single trunk diameter of thirtytwo (32) inches or greater measured at four and one-half (4½) feet above the average ground elevation of the tree.

Highest Adjacent Grade. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.

Historic District. "Historic district" means an integrated group of structures or an area which holds special historical interest or value.

Historic Resource. "Historic resource" means any object, building, structure, site, area, or place which is historically or archaeologically significant, or which is significant in the aesthetic, architectural, cultural, engineering, scientific, economic, agricultural, educational, social, political, or military annals of California, San Joaquin County, or local communities.

Historic Structure. "Historic Structure" means any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Historical Tree. "Historical tree" means any tree or group of trees given special recognition because of the size, age, location, or history. Designation of historical trees shall be made by the Planning Commission following a Public Hearing.

Hog Farm, Hog Farming. "Hog farm" or "hog farming" means the keeping or raising of six (6) or more swine.

Home Occupation. "Home occupation" means any occupation which is customarily or ordinarily conducted within a dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the residential character or design of the dwelling.

Homeowner's Association. "Homeowner's association" means a community association, composed of individual owners of a development, which is created for the purpose of holding title to common property, managing and maintaining the common property, and/or enforcing certain covenants and restrictions for the overall benefit of its members.

Homesite Parcel. "Homesite parcel" means a parcel between two and five acres in size (ten acres for property under Williamson Act contract) which has been split from a parcel designated General Agriculture on the General Plan to serve as a building site for a home.

Hospital, Small Animal. "Small animal hospital" means any structure or facility used for treating, boarding, or otherwise caring for domesticated animals or birds commonly accepted as household pets.

Hotel. "Hotel" means a building containing guestrooms providing transient lodging accommodations for compensation.

Household, Low-income. "Low-income household" means a household which meets the qualifications for Low-income Household as defined in Section 50079.5 of the Health and Safety Code.

Household, Median Income. "Median income household" means a household which meets the qualifications for Median Income Household as defined in Section 50093 of the Health and Safety Code.

Household, Very Low-income. "Very low-income household" means a household which meets the qualifications for Very Low-income Household as defined in Section 50105 of the Health and Safety Code.

Household Pets. "Household pets" means animals ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and birds.

Improvement Plans. "Improvement plans" means plans, profiles, specifications, and engineering estimates of improvement cost, and all necessary details of the improvement proposed for installation or modification.

Improvements. "Improvements" means additional roadway, drainage, water, and wastewater facilities required to adequately serve development projects.

(a)

Roadway improvements may include, but are not limited to, grading, pavements, curbs and gutters, sidewalks, driveways, bridges, traffic signals, roadway lighting, signs, or roadway landscaping.

(b)

Drainage improvements may include, but are not limited to, main pipelines, culverts, drainage inlets, connector pipes, manholes, channels, ponds, ditches, and appurtenances.

(c)

Wastewater improvements may include, but are not limited to, wells, main pipelines, service laterals, manholes, cleanouts, and appurtenances.

(d)

Water improvements may include, but are not limited to, main pipelines, service laterals, valves, meters, hydrants, and appurtenances.

"Improvements" also mean specific facilities whose installation is necessary or desirable to ensure conformity to, or implementation of, the City General Plan, Special Purpose Plan, or Specific Plans.

Impulsive Noise. "Impulsive noise" means noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, such as the discharge of firearms.

Individual. "Individual" means a born human being.

Industrial Project. "Industrial project" means a development project which involves the on-site production of goods or commodities and/or the processing of raw materials.

Infrastructure. "Infrastructure" means facilities and services needed to sustain industrial, residential, and commercial activities, including water, drainage, and sewer lines; streets and roads; communications; and public facilities.

Inoperative Vehicle. "Inoperative vehicle" means a vehicle that mechanically is incapable of being driven, including a vehicle which is missing any part essential for movement or where such essential parts are broken or defective; or a vehicle prohibited from being operated on a public street or highway pursuant to Sections 4000, 5202, 24002, or 40001 of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters.

Intensity, Building. See "Building Intensity."

Junior Accessory Dwelling Unit. "Junior Accessory Dwelling Unit" (also known as a "Junior ADU" or "JADU") means an Accessory Dwelling Unit that is not more than five hundred (500) square feet and contained entirely within a Single-Family Dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the Existing Structure.

Junk. "Junk" means, but is not limited to, any cast-off, damaged, discarded, junked, salvaged, scrapped, worn out or wrecked, thing or material including magazines, books, cardboard boxes, wood boxes, scrap lumber, trash, litter, refuse, paper, glass, cans, bottles, rags, ashes, trimmings from lawns, trimmings from plants, trimmings from trees, discarded furniture, scrap metal, used tires, materials from demolition or alteration or construction of buildings or structures, or solid waste.

Kennel. "Kennel" means a place where four (4) or more dogs, or four (4) or more cats, over four (4) months of age are kept for commercial or noncommercial purposes, but excludes animal control shelters operated

by governmental agencies or to veterinary hospitals.

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

Land Area, Net. "Net land area" means the gross lot area of a site, less the land area required for roads and off-street parking facilities.

Land Voucher. "Land Voucher" means a document given in exchange for acreage in fulfillment of the requirements of the Public Land Equity Program.

Leq. See the definition for "equivalent sound level (Leq)."

Limited Retail Sales. "Limited retail sales" means the sale of items other than fresh produce and shell eggs. Limited retail sales areas are limited to one hundred fifty (150) square feet of the floor area for a small agricultural store and five hundred (500) square feet of floor area for a large agricultural store.

Livable Area. "Livable area" means the area within the outside walls of a residential unit, whether attached or unattached, but not including unfinished garages, unfinished basements, porches, or storage facilities not accessible from the interior of the residential unit.

Living Area. "Living Area" (also known as "habitable area") means the interior area of a dwelling unit used for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes, but does not include a garage or any accessory structure and storage or utility spaces and similar area that are not considered habitable spaces as defined by the Building Code.

Loading Space. "Loading space" means an off-street space or berth used for loading or unloading commercial vehicles.

Lot. "Lot" means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

Lot, Corner. "Corner lot" means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.

Lot, Flag. "Flag lot" means an "L"-shaped or "T"-shaped lot in which one arm of the lot fronts on a public road and is used solely as a driveway.

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

Lot, Reverse Corner. "Reverse corner lot" means a corner lot in which the rear yard abuts the side yard of an interior lot.

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

Lot Area, Gross. "Gross lot area" means the total lot or parcel area within the lot lines of a lot, including existing and/or proposed rights-of-way.

Lot Area, Net. "Net lot area" means the total lot or parcel area within the lot lines of a lot, excluding the land area required for roads and off-street parking facilities.

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

Lot Line. "Lot line" means a line of record bounding a lot which divides that lot from another lot or from a public or private street or any other public space.

Lot Line, Front. "Front lot line" means the lot line separating an interior lot from a street. For flag lots, the front lot line is defined as follows:

(a)

Where a lot's driveway will not be needed to serve more than one parcel, "front lot line" means the lot line closest to the public street, excluding the lot lines defining the driveway;

(b)

Where a lot's driveway may be needed as part of a future public road, "front lot line" means a line extended from the end of the driveway straight through the parcel which will be parallel to the rear lot line and nearest to the location of the proposed dwelling.

Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line; or, in the case of triangular or otherwise irregularly shaped lots, a line of no less than ten (10) feet in length within the lot, parallel to and at a maximum distance from, the front lot line.

Lot Line, Side. "Side lot line" means any lot line other than a front or rear lot line.

Lot Line Adjustment. "Lot Line Adjustment" means a minor relocation of a property line between the existing parcels which would create no new parcels.

Lot Size. "Lot size" means the gross or net lot area calculated for a particular parcel. For parcels in agricultural zones, lot size means gross lot area. For parcels in all other zones, lot size means net lot area.

Lot Width. "Lot width" means the distance between the side lot lines, measured at such distance back from the front lot line as is required for the depth of the front yard.

Lowest Floor. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

(a)

An unfinished or flood-resistant enclosure below the lowest floor that is useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(1)

The wet floodproofing standard in Section 9-16-212(d).

(2)

The anchoring standards in Section 9-16-210.

(3)

The construction materials and methods standards in Section 9-16-211.

(4)

The standards for utilities in Section 9-16-213.

(b)

For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

Luminaire. "Luminaire" means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

Major Subdivision. "Major subdivision" means a subdivision of land creating five (5) or more parcels, five (5) or more condominiums, or a community apartment project containing five (5) or more units, unless otherwise excepted in the definition of a minor subdivision.

Manufactured Home. "Manufactured Home" means a structure transportable in one (1) or more sections that is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to utilities.

Manufactured Home Park or Subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Marina. "Marina" means a facility for storing, servicing, fueling, berthing, and securing pleasure boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests.

Marketing Event. "Marketing event" means the congregation of persons for the purpose of promoting the wine industry and marketing wine. Marketing events always include wine tasting and the sale of wine, and may include the selling and serving of beer. Activities or events include, but are not limited to: non-profit community fundraising, weddings, concerts, and/or any other event where the winery or off-site wine cellar facility is rented or otherwise made available to a second party and wine is served. Marketing events may include food service (but not in a way that is defined under the use type Eating Establishment, Convenience or Full-Service pursuant to Development Title Section 9-1-4-425).

Master Developer. "Master Developer" means Trimark Communities, a California general partnership, and any successor in interest thereto, in the case of Mountain House lands outside the Specific Plan III planning area. Otherwise, "Master Developer" means Gerry N. Kamilos, LLC, and any successor in interest thereto.

Master Specific Plan. "Master Specific Plan" or "Mountain House Master Specific Plan" or "Master Plan" means the policy document which presents policies, requirements and standards for the entire Mountain House Community and guides the preparation of subsequent Specific Plans, Tentative Maps, and other approvals required to implement the building of the Mountain House Community.

Maximum Sound Level (Lmax). "Maximum sound level" or "Lmax" means the maximum sound level recorded during a noise event.

Median. "Median" means that portion of a divided highway separating the traveled way for traffic in opposite directions. A median may be raised, landscaped, or painted.

Medical Marijuana Dispensary. "Medical Marijuana Dispensary" means any facility where medical marijuana is made available pursuant to Health and Safety Code Sections 11362.5 (the Compassionate Use Act of 1996) and Sections 11362.7 through 11362.83 (Medical Marijuana Program).

A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:

(a)

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

(b)

A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

(c)

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

(d)

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

(e)

A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

Merger. "Merger" means the process in which the City initiates an action to combine contiguous parcels or units of land under the same ownership, pursuant to Article 1.5 (commencing with Section 66451.10) of the Government Code and Chapter 9-863 of this Title.

Merger, Voluntary. "Voluntary merger" means the process in which an owner initiates an action to combine contiguous parcels of land owned by said owner, pursuant to Section 66499.20314 of the Government Code and Chapter 9-8-2201 of this Title.

Mined Lands. "Mined lands" means the surface and subsurface of land and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private roads appurtenant to any such area; land excavations; soil, rock, liquid, vegetation, equipment, or other materials or property resulting from or displaced by surface mining operations; and areas in which structures, facilities, equipment, or other materials that are used in surface mining operations are located.

Mineral Resources. "Mineral resources" means any naturally occurring chemical element or compound, or group of elements and compounds, formed from inorganic processes and from organic and inorganic substances and present in sufficient quantities to permit commercial extraction. Included in this definition are peat, bituminous rock and aggregate minerals; excluded are geothermal resources, natural gas and petroleum.

Minimum Parcel Size. "Minimum parcel size" means the smallest unit of land permitted through subdivision within a zoning designation, as outlined in this Title.

Minor Subdivision. "Minor subdivision" means a subdivision of land where:

(a)

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or

(b)

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a City maintained road, street, or highway; or

(c)

The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the governing body as to street alignments and widths; or

(d)

The subdivision would create four (4) parcels or less, or condominiums or community apartments containing four (4) units or less; or

(e)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.

Mobile Home. See "Manufactured Home."

Mobile Home, Caretaker. "Caretaker mobile home" means a mobile home which is used to provide complete living facilities for an individual whose presence on the property is necessary to prevent vandalism, pilferage, damage, or destruction to property, structures, or equipment located on the same parcel.

Mobile Home Park. "Mobile home park" means any parcel of land composed of a lot or contiguous lots used, designed, or intended to accommodate more than four (4) mobile homes but which does not include labor camps and labor supply camps.

Motel. "Motel" means a hotel as defined in this Chapter.

Multi-Use Path. "Multi-use path" means a pedestrian path that safely accommodates both pedestrians and bicycles.

Native Oak Tree. "Native oak tree" means a valley oak (Quercus lobata) with a trunk diameter of six (6) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of eight (8) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree; or an interior live oak (Quercus wislizenii), California live oak (Quercus agrifolia), or blue oak (Quercus douglasii) with a trunk diameter of four (4) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of six (6) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree.

Natural Bank. "Natural bank" means the bank of a waterway that does not have a levee or that has a levee which does not provide protection from a fifty (50) year flood.

New Construction. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after October 3, 1980 and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. "New manufactured home park or subdivision" means a

manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 3, 1980.

Noise Contour. "Noise contour" means a line passing through points where the same sound intensity level prevails. Contours form bands of varying width emanating from a noise source.

Noise-Sensitive Land Uses. "Noise-sensitive land uses" mean uses included under the following use types: Residential, Administrative Offices, Child Care Services—Child Care Centers, Community Assembly, Cultural and Library Services, Educational Services—General, Funeral and Interment Services— Undertaking, Lodging Services, Medical Services, Professional Services, Public Services, Recreation— Indoor Spectator, and Religious Assembly.

Nonconforming Structure. "Nonconforming structure" means a building or structure which was legal when brought into existence but which does not conform to the current height, setback, or building intensity requirements of the zone where it is located.

Nonconforming Use. "Nonconforming use" means a use which was legal when brought into existence but does not conform to the current uses allowed or to the performance standards of the zone where it is located.

Nuisance. "Nuisance" means anything resulting from unreasonable or unlawful practices or from neglect which is or tends to be injurious to health, safety, or public welfare, including an accumulation of junk, or is so unsightly or offensive to the senses as to interfere with the comfortable enjoyment of life or property. Additionally, "nuisance" means "nuisance" as defined in County Ordinance Code Title 1 and any condition existing in violation of the Municipal Code, including this Title.

neglect which is or tends to be injurious to health, safety, or public welfare, including an accumulation of junk, or is so unsightly or offensive to the senses as to interfere with the comfortable enjoyment of life or property. Additionally, "nuisance" means "nuisance" as defined in County Ordinance Code Title 1 and any condition existing in violation of the Municipal Code, including this Title.

Nursing Home. "Nursing home" means a facility for the accommodation of convalescents or other persons who are not acutely ill or in need of hospital care, but who require skilled nursing care and related medical services, which is operated in conjunction with a hospital or in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.

Open Space, Common. "Common open space" means the total land area within a Planned Development (PD), not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or occupants of the PD. Common open space includes swimming pools, putting greens, and other recreational-leisure facilities; areas of scenic or natural beauty and habitat areas; hiking, riding, or off-street bicycle trails; and landscaped areas adjacent to lands which are in excess of minimum required rights-of-way.

Open Space, Private. "Private open space" means the outdoor living area directly adjoining a dwelling unit or building which is intended for the private enjoyment of the residents or occupants of the dwelling unit or building and which is defined in such manner that its boundaries are evident.

Open Space, Public. "Public open space" means a continuous open space which is readily accessible to the public at all times and specifically designed for the use and enjoyment of the public.

Outdoor Activity Areas. "Outdoor activity areas" mean the outdoor recreation areas of noise-sensitive land uses. With respect to single-family dwellings, outdoor activity areas mean the rear yard, and/or side yard when the side yard is of a sufficient size to provide outdoor recreational opportunities, of said dwellings. With respect to multiple-family dwellings, outdoor activity areas mean the patios, balconies, common outdoor recreation areas, and swimming pool areas of said dwellings.

Outdoor Storage. "Outdoor storage" means the keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.

Outstanding Payments. "Outstanding payments" means any moneys owed to the City by an applicant for past work performed by the City or by the City's consultant on a project submitted to the City for processing by said applicant.

Overburden. "Overburden" means all materials lying on top of mineral resources which must be removed in order to extract those resources.

Owner. "Owner" means the real party in interest in the property, or the holder of record title in the property.

Owner-Operator. "Owner-operator" means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use, development, and day-to-day operations.

Parcel. See "Lot."

Parcel Map. "Parcel map" refers to the map and recording instrument for minor subdivisions of land and other subdivisions described in the Subdivision Map Act. The parcel map must reflect the design and conditions that were approved on the tentative map for minor subdivisions by the Director, Planning Commission, or City Council.

Parking Lot. "Parking lot" means an open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking Space or Stall. "Parking space" or "parking stall" means a space within a building, lot, or parking lot for the parking or storage of one (1) automobile.

Parkway. "Parkway" means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes, and related facilities may be located.

Pedestrian Path or Way. "Pedestrian path or way" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. Said pedestrian path or way may be located within or outside of a street right-of-way, at grade, or grade separated from vehicular traffic.

Pen. "Pen" means a small enclosure for animals.

Person. "Person" means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, group, or combination acting as a unit.

Pets. See "Household Pets."

Planned Development or PD. "Planned Development" or "PD" means the underlying project of a Planned Development zone, consisting of either residential uses or a combination of residential, commercial, and/or civic uses and associated ancillary uses and structures; situated on one or more contiguous parcels or noncontiguous parcels separated solely by a road or other right-of-way easement; and planned and developed as a unified project within a single development operation or series of development operations in accordance with a detailed site plan.

Planning Commission. "Planning Commission" means the Planning Commission of the City of Mountain House.

Pollution may include contamination.

Portland Cement Concrete. "Portland cement concrete" means a commercially premixed surfacing material using a cement powder and water binding agent that is poured on top of a base material such as aggregate base or sand.

Poultry Ranch or Farm. "Poultry ranch" or "poultry farm" means a farm for the keeping or raising of more than thirty-five (35) game fowl or poultry, or, with respect to ostriches or other ratites, a farm for the keeping or raising of seven (7) or more animals.

Pre-Existing Residential Areas. "Pre-existing residential areas" means the three distinct residential areas that were in place before the Mountain House New Town was established, described and labeled as "Grant Line Village," "Homesite Parcels," and "Old River Homesites" by the Master Plan.

Preliminary Map. "Preliminary Map" means any lot line adjustment, merger or tentative map application that is submitted to the City, prior to the completion of all Mountain House Master Plan subsequent plans and programs, only for the purpose of financing, land sale or exchange, or planning area segregation, after

which a more definitive Development Title application is required to be submitted to the City before construction permits can be obtained for the affected area.

Prepackaged Food. "Prepackaged food" means any properly labeled food, prepackaged by the manufacturer to prevent any direct human contact with the food product.

Prime Agricultural Land. "Prime agricultural land" means land as defined in the Farmland Mapping and Monitoring Program upon completion of the maps for San Joaquin County. Until that time:

(a)

Land best suited for producing food, feed, forage, fiber, and oilseed crops and which is available for these uses and has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods; or

(b)

When in reference to Williamson Act contracts, any land so termed and defined by Section 51201 of the Government Code.

Private Rights-of-Way. "Private rights-of-way" means any of the following:

(a)

Any right-of-way which has been offered for dedication but which has not been accepted by the City.

(b)

A legally established private easement for access.

(c)

A navigable waterway.

(d)

Roads shown on antiquated subdivision plats that are not County maintained roads.

(e)

Public roads for which there are not legally established rights-of-way or easement.

Private Road. See "Road, Private."

Produce. "Produce" means shell eggs and any fruit or vegetable in its raw or natural state.

Produce Stand. "Produce stand" means a food establishment that sells only produce, cut flowers or shell eggs, or both, directly to the consumer. Produce stands must be located on property which is owned, rented, or leased to a grower, producer or a member of a farm cooperative.

Project Frontage. "Project frontage" means the developed portion of the property that fronts on an existing or planned public right-of-way.

Protected Zone. "Protected zone" means an area commencing at a point five (5) feet outside the drip line of a native oak tree or heritage tree and extending inward to the trunk of the tree.

Protective Barrier. "Protective Barrier" is an exterior fence or wall a minimum of six (6) feet in height, restricting direct access to an electrified security fence. When abutting an existing or planned residential area, or a residentially developed parcel, the protective barrier shall consist of a solid material (i.e., a wooden fence, a block wall, an approved mesh material, or equivalent material). A Protective Barrier is subject to the standards of the Fencing and Screening Chapter. In no event shall an electrified security fence be installed without a perimeter protective barrier.

Public. "Public" means that which is operated and/or maintained by governmental agency or by public utility.

Public Display of Fireworks. "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks as defined in Section 12505 of the Health and Safety Code. Examples include, but are not limited to, fireworks displays conducted at public venues, private venues, wineries, ballparks and schools.

Public Facilities. "Public facilities" means any facility operated by a public entity, including, but not limited to, the following:

(a)

Public buildings, including schools and related facilities;

(b)

Sewage collection, treatment, and disposal facilities;

(c)

Facilities for the supply, storage, treatment, and distribution of nonagricultural water for municipal and industrial uses for meeting Title 22 of the California Administrative Code;

(d)

Facilities for the collection and disposal of stormwaters for drainage and/or flood control purposes;

(e)

Facilities for the generation of electricity and the distribution of gas and electricity;

(f)

Transportation and transit facilities including, but not limited to, streets, roads, ports, airports, and related facilities;

(g)

Parks and recreation facilities;

(h)

Police stations and fire stations; or

(i)

Hospitals.

Public Health Services. "Public Health Services" means the Public Health Services of San Joaquin County.

Private Land. "Private Land" means any land within the Mountain House Community that can be developed for private use and profit.

Public Land. "Public Land" means acreage required by an Applicable Public Agency to provide public services and infrastructure to or on behalf of the residents of the Mountain House Community, as specified in the Public Land Equity Program Technical Report as of November 28, 1997.

Public Land Acreage Requirement. "Public Land Acreage Requirement" means the amount of land that a Landowner is required to provide in order to fulfill the requirements of the Public Land Equity Program, calculated by multiplying the gross acres of a subject property by the Public Land Percentage.

Public Land Deficit. "Public Land Deficit" means the additional amount of land needed to meet the Public Land Acreage Requirement for a subject parcel, calculated by subtracting the number of acres actually shown for public use on said parcel from the parcel's Public Land Acreage Requirement.

Public Land Equity Program. "Public Land Equity Program" means the program as set forth in Division 12, Chapter 3 of this Title.

Public Land Equity Program Technical Report. "Public Land Equity Program Technical Report" means the report which provides the methodology for calculating the Public Land Acreage Requirement on a subject property and the Public Land Percentage.

Public Land Percentage. "Public Land Percentage" means the percentage of land within the Mountain House Community that is Public Lands, calculated by dividing the total Public Lands within the Mountain House Community by the gross acres within the Mountain House Community held in private ownership, as specified in the Public Land Equity Program Technical Report, and multiplying the result by one hundred (100).

Public Land Surplus. "Public Land Surplus" means the amount of land that exceeds the Public Land Acreage Requirement for a subject property, calculated by subtracting the Public Land Acreage Requirement from the number of acres actually designated for public use by the Master Plan or Specific Plan or any applicable Special Purpose Plan.

Public Nuisance. See "Nuisance."

Public Road. See "Road, Public."

Public Transit. "Public Transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fare, run on fixed routes, and are available to the public.

Public Water System. "Public water system" means any potable water supply system owned, operated, and maintained by a public agency, and approved by, or under the supervision of, a public health agency of the State of California or the City. This definition is for use in interpreting the provisions of this Title and is not intended to be the same as a "public water system" as defined by Title 22 of the California Administrative Code.

Qualified Historic Property. "Qualified historic property" means a privately owned property which is not exempt from property taxation, or site that is registered with either the federal National Register of Historic Places or the state's California Register of Historical Resources. A qualified historic property may also be a property designated by the State of California as a Historic Landmark or as a Point of Historic interest.

Quarry Excavation. "Quarry excavation" means all, or part, of the process involved in the surface 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 incident to an underground mine. Surface mining operations shall include, but are not limited to:

(a)

In-place distillation or retorting or leaching.

(b)

The production and disposal of mining waste.

Record Title Ownership. "Record title ownership" shall mean either fee title of record or, when a leasehold interest is to be divided, ownership of record of the leasehold interest.

Recreation. "Recreation" means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any informal play incorporating any such activity.

Recreation, Commercial. "Commercial recreation" means any recreation area or facility that is under direct control of an individual, group, association, corporation, club, or fraternal organization and is open to the public.

Recreation Area. "Recreation area" means any land, water, or combination thereof used for purposes of recreation.

Recreational Vehicle. "Recreational vehicle" means a motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer with or without motive power, designed for human recreational use only, that meets all of the following criteria as defined by State Health and Safety Code Section 18010:

(a)

It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

(b)

It contains four hundred (400) square feet or less when measured at the largest horizontal projection;

(c)

It is built on a single chassis;

(d)

It is designed to be either self-propelled, truck-mounted or permanently towable by a light-duty truck; and

(e)

It is designed primarily as a temporary living quarters for recreational, camping, travel, or seasonal use and not for use as a permanent dwelling.

Recreational Vehicle Park. "Recreational vehicle park" means any parcel of land composed of a lot or contiguous lots used, designed, or intended as a campground to accommodate more than four (4) recreational vehicles and/or mobile homes, not including labor camps and labor supply camps.

Recycling. "Recycling" means the process by which waste products are reduced to raw materials and transformed into new and often different products. As it pertains to Division 11, Chapter 7 of this title only, "recycling" means redirecting or utilizing a hazardous waste or substance from a hazardous waste, and includes recovery of resources from a hazardous waste.

Residence, Primary. "Primary residence" means a dwelling unit intended for occupancy by the owner or by members of the owner's family, excluding mobile homes, second unit dwellings, guest houses, and farm labor housing.

Residential. "Residential" means places where people live and sleep. The term includes, but is not limited to, single-family dwellings, apartments, institutions, mobile homes, group quarters, hotels and motels, convalescent hospitals, and rest homes.

Residential Development. "Residential development" means a development project containing residential dwellings, including mobile homes, consisting of one (1) or more dwelling units, or a subdivision for one (1) or more residential dwelling units.

Resource Recovery. "Resource recovery" means the reclamation or salvage of wastes for reuse, conversion to energy, or recycling. Resource recovery does not include automotive wrecking yards or junkyards.

Restricted Access. See "Access, Restricted."

Retailer License. "Retailer license" means a license issued to sell cannabis to qualified individuals that hold an authorized Annual State License with an A-License or M-License designation.

Retention Basin. "Retention basin" means a drainage pond with no outlet facilities for terminal drainage that is capable of storing the required stormwater runoff volume and is capable of emptying through percolation and evaporation over a specified time.

Review Authority. "Review Authority" means any of the following entities which are empowered to interpret, implement and enforce this Title:

(a)

City Council;

(b)

Planning Commission;

(c)

Director of the Community Development Department; and

(d)

Community Development Department.

Right-of-Way. "Right-of-way" means an easement for the use of roads, water and wastewater facilities, flood and drainage works, overhead and underground utilities, or any related improvements.

Riparian Corridor. "Riparian corridor" means a strip or generally contiguous area of riparian habitat.

Riparian Habitat. "Riparian habitat" means the banks and other terrestrial environs of fresh water bodies, watercourses, estuaries, and surface waters whose conditions provide soil moisture sufficiently in excess of that otherwise available through local precipitation to support the growth of mesic vegetation.

Road. "Road" includes streets and highways, both public and private. The terms streets, roads, roadways, and highways are used interchangeably. "Road" includes the roadbed, all slopes, shoulders, side ditches, curbs, gutters, sidewalks, and all other related facilities within the right-of-way.

Road, Private. "Private road" means a roadway within a private development or planned development where the street improvements remain in private ownership.

Road, Public. "Public road" means any road which is open for unrestricted travel by the general public. A public road may or may not be dedicated to or maintained by the City.

Road System. "Road system" means the classification of streets and highways by their diverse functions and design. The following is a hierarchy of roads in the City.

(a)

Rural Road. "Rural road" means a two-lane, undivided road providing access to agricultural properties. A rural road may also serve as a route connecting rural communities with each other and the urban communities.

(b)

Rural Residential Road. "Rural residential road" means a two-lane, undivided road providing access to rural residential subdivision parcels.

(c)

Local Residential Road. "Local residential road" means a two-lane, undivided road providing direct access to all abutting residential properties. The local residential road's primary purpose is to provide access to single-family lots.

(d)

Local Commercial/Industrial Road. "Local commercial/industrial road" means a two-lane, undivided road providing direct access to commercial and industrial properties. The local commercial/industrial road's primary purpose is to provide access to commercial and industrial lots.

(e)

Collector Road. "Collector road" means a two-lane, undivided road which funnels traffic from local residential, commercial, and industrial roads to arterial roads.

(f)

Minor Arterial. "Minor arterial" means a four-lane, undivided road with access limited to abutting commercial, industrial multi-family properties only. The minor arterial's primary purpose is to carry local and through traffic within urban communities.

(g)

Major Arterial. "Major arterial" means a multi-lane, divided road with major access to abutting property limited to major commercial and industrial developments. The arterial's primary purpose is to carry major through traffic within and between urban communities and provide access to expressways and freeways.

(h)

Expressway. "Expressway" means a roadway which provides no direct access to abutting properties. The primary purpose of an expressway is to carry through traffic with minimum interference with adjacent development.

(i)

Intersections are limited to freeways, major and minor arterials, and rural roads only. Intersections are usually no closer than one-quarter mile.

(j)

Freeway. "Freeway" means a multi-lane, divided highway providing no access to adjoining property. Freeways are intended to accommodate high speed, high volume, long distance regional through traffic

and traffic between urban areas. Freeways typically connect to the local road system at high volume interchanges with arterial roads in urban areas and with some rural roads in rural county areas.

Roadbed. "Roadbed" means that portion of the road between curb-faces or between the outside line of improved shoulders.

Sanitary Landfill. "Sanitary landfill" means a disposal site employing an engineered method of disposal of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume practical, and applying cover material over all exposed wastes at the end of each operating day.

Screening. "Screening" means a method of visually shielding or obscuring one (1) abutting or nearby structure from another by fencing, walls, berms, or densely planted vegetation.

Seal, Sanitary. "Sanitary seal" means a grout, mastic, or mechanical device used to make a watertight joint between the pump and casing or the concrete base.

Sediment. "Sediment" means any material transported or deposited by water, including soil debris or other foreign matter.

Semi-truck. "Semi-truck" means a vehicle designed to carry property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

Senior Citizen. "Senior citizen" means a person at least sixty-two (62) years of age, or a person at least fifty-five (55) years of age who meets the qualifications found in Section 51.3 of the California Civil Code.

Septic System. "Septic system" means an on-site wastewater disposal system which utilizes a septic tank for wastewater processing and a subsurface drainage system for the disposal of treated effluent.

Septic Tank. "Septic tank" means a watertight receptacle which receives the discharge of a building drainage system or part thereof, designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside the tank through a sub-surface drainage system meeting the requirements of Division II.

Setback Line. "Setback line" means that line that is the required minimum distance from the street right-ofway line or any other lot line that establishes the area within which the principal structure must be erected or placed.

Sewage. See "Wastewater."

Sewer Well. See "Well, sewer."

Sign. "Sign" means any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising, directing attention, or identifying any establishment, product, goods, services, or entertainment.

Sign Area. "Sign area" means the entire area within a single, continuous, rectangular perimeter enclosing the extreme limits of writing, representation, emblem, or figure of similar character, together with any frame

or other material or color forming an integral part of the display or used to differentiate such sign from its surroundings. This excludes the necessary supports or uprights on which such a sign is located.

Sign, Awning. "Awning sign" means a sign painted, printed, stenciled, sewn, or stained into the surface of an approved awning or canopy.

Sign, Commemorative. "Commemorative sign" means a sign designed to recognize or observe a significant historical or memorial event.

Sign, Construction/Development. "Construction/development sign" means a sign to announce an intended or proposed future use of the site and to identify enterprises affiliated with the project site, such as architectural, engineering, or construction firms.

Sign, Freestanding. "Freestanding sign" means a sign in a fixed location which is self-supporting on the ground, and is in no part supported by a permanent structure (includes pole signs and monument signs).

Sign, Height of. "Height of sign" means the vertical distance measured from the highest point of the sign to the grade immediately beneath the sign.

Sign, Illegal. "Illegal sign" means a sign that was installed contrary to the laws and ordinances in effect at the time of its installation; or that has been abandoned; or that is unsafe and poses a danger to the public or is a traffic hazard.

Sign, Indirectly Illuminated. "Indirectly illuminated sign" means a sign with an external light source which is separate from the sign face or cabinet, and is directed to shine solely on the sign.

Sign, Institutional/Public. "Institutional/public sign" means a sign erected and maintained by the city, county, state, or federal government for municipal and regulatory purposes, or to identify schools, hospitals, historical sites, public services, or other public institutions, or to identify public service events, such as festivals and spectacles.

Sign, Monument. "Monument sign" means a sign anchored to and continuously attached at grade.

Sign, Nonconforming. "Nonconforming sign" means a sign which was validly installed under the ordinances and law in effect prior to the effective date of this Ordinance but which is in conflict with the provisions of Division 17.

Sign, Off-premises. "Off-premises sign" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, On-premises. "On-premises sign" means a sign which directs attention to a business, community, service, or entertainment conducted, sold, or offered on the premises, or on property which is contiguous to the parcel which contains the business activity.

Sign, Pole. "Pole sign" means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is at least five (5) feet above grade.

Sign, Political. "Political sign" means a sign used in connection with local, state, or national elections, campaigns, or referendums.

Sign, Portable. "Portable sign" means a sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

Sign, Projecting. "Projecting sign" means a sign which is attached to and projects from a building wall.

Sign, Real Estate. "Real estate sign" means a sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Sign, Tenant. "Tenant sign" means a sign larger than eight (8) square feet in sign area which identifies an individual tenant space in a multi-tenant development project.

Sign, Traffic. "Traffic sign" means a sign pertaining to official traffic control and safety.

Sign, Wall. "Wall sign" means a sign painted on, or attached parallel to, a building wall.

Sign Structure. "Sign structure" means a structure specifically intended for supporting, bracing, or containing a sign.

Single Tone Noise. "Single tone noise" means noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by a qualified acoustical consultant, or as defined by the "Model Community Noise Control Ordinance, California Department of Health, 1977."

Slope. "Slope" means an inclined ground surface, the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

Slope Stability. "Slope stability" means the maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.

Slope Stability Standards. "Slope stability standards" means those standards that are necessary in order to ensure that a slope achieves slope stability.

Small Animal Farm. "Small animal farm" means a farm for the keeping or raising of over thirty-five (35) rabbits or other fur bearing animals of similar size at maturity.

Snipe. "Snipe" means the triangular area formed at the intersection of two streets whose sides are equal distance from the intersection of the street lines.

Social Care Facility. "Social care facility" means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision to mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals (includes both group care facilities and child care centers).

Soil. "Soil" means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

Soil Scientist. "Soil scientist" means a person having a minimum of thirty (30) semester hours or the equivalent in biological, physical, and earth sciences with a minimum of fifteen (15) semester hours in soils.

Special Flood Hazard Area. See "Area of Special Flood Hazard."

Special Indoor Event. "Special indoor event" means any temporary event or activity generally attracting large numbers of people, that is conducted within a structure, is subject to compliance with specific Uniform Building and Fire Code requirements, and is not already defined within a specified zone as an allowable "temporary" use activity. Included in this definition are Halloween haunted houses and home craft fairs. Excluded from this definition are marketing events. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. Each special indoor event may not exceed a length of three (3) consecutive days.

Special Outdoor Event. "Special outdoor event" means any temporary event or activity generally attracting large numbers of people, requiring the importation of temporary facilities such as portable bleachers, food stands, and portable toilet facilities, conducted out-of-doors and not already defined within a specified zone as an allowable "temporary" activity. Excluded from this definition are parades, carnivals, circuses, and marketing events. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. In the R-L (Low Density Residential) and R-M (Medium Density Residential) zones, an additional four (4) special outdoor events shall be permitted within a calendar year. Each special outdoor event may not exceed a length of three (3) consecutive days.

pecial outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. In the R-L (Low Density Residential) and R-M (Medium Density Residential) zones, an additional four (4) special outdoor events shall be permitted within a calendar year. Each special outdoor event may not exceed a length of three (3) consecutive days.

Specific Plan. "Specific Plan" means, for the purposes of the Mountain House Development Title, a plan which is prepared pursuant to Government Code Section 65450 for the systematic implementation of the Mountain House Master Specific Plan and which provides detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development; and design guidelines. "Specific Plan" shall include Mountain House Specific Plan I and other Specific Plans.

Specific Plan Reimbursement Program. "Specific Plan Reimbursement Program" means the program as provided for in the Mountain House Public Financing Plan that has been developed to reimburse the Master Developer and other Developers for the costs which they have incurred or will incur in the preparation and adoption of the Mountain House Master Specific Plan and subsequent Specific Plans, and the Supporting Documents.

Stable, Boarding. "Boarding stable" means a structure for the feeding, housing, and exercising of horses not owned by the owner of the premises.

Start of Construction. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a

substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State. "State" means the State of California.

Statement of Expense. "Statement of Expense" is an itemized statement explaining all enforcement costs incurred by the Enforcement Official and any other County Department in abating any violation of this Title that the Enforcement Official seeks to recover.

Stationary Noise Source. "Stationary noise source" means any fixed or mobile noise source not preempted from local control by existing Federal or State regulations, including, but not necessarily limited to, industrial and commercial facilities, and vehicle movements on private property.

Stock Cooperative. "Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation.

Stormwater Runoff. "Stormwater runoff" means water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation, and which flows over the ground surface.

Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is defined as that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story" also means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, where the finished floor level directly above is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or more than twelve (12) feet above grade at any point.

Street. See "Road."

Structural Alteration. "Structural alteration" means any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Structure. "Structure" means any object constructed or installed by man having location upon, in, or under the ground, including, but not limited to, buildings, manufactured homes, fences over six (6) feet in height, towers, gas or liquid storage tanks, signs, smokestacks, and overhead transmission lines. For the purposes of Section 9-8-1701 Flood Variance Procedures and 9-16-201 Flood Hazards, "Structure" means a walled and roofed building, including gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Stub Street. "Stub street" means a street open at one (1) end only, without permanent provisions for turning around.

Subdivider. "Subdivider" means a person who proposes to divide, divides, or causes to be divided real property into a subdivision for himself, herself, or for others. A consultant, engineer, or surveyor who does not hold title to the land is not considered a subdivider.

Subdivision. "Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements, or railroad rightsof-way. "Subdivision" includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative as defined in Section 11003.2 of the Business and Professions Code. A conveyance of land for rights-of-way to a governmental agency, public entity, public utility, or subsidiary of a public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include:

(a)

The leasing of agricultural land used for the cultivation of food or fiber or the grazing or pasturing of livestock;

(b)

The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or recreational vehicle parks;

(c)

Mineral, oil, or gas leases;

(d)

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

(e)

A lot line adjustment;

(f)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(g)

The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements;

(h)

The construction, financing, or leasing of units classified as second unit dwelling;

(i)

Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code for community apartment or cooperative housing projects;

(j)

The conversion of a community apartment project to a condominium if the requirements of Sections 66412(g) and (h) of the California Government Code are met; or

(k)

Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device.

Subsequent Plans and Programs. "Subsequent plans and programs" means the plans and programs required by the Mountain House Master Plan for development to proceed, as set forth in the Master Plan Development Agreement between the City and Trimark Communities, or plans and programs as set forth in the Development Agreement between the City and Gerry N. Kamilos, LLC.

Substantial Damage. "Substantial damage" means a damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial Improvement. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

(a)

"Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure; and

(b)

"Substantial improvement" does not include improvement of a structure solely to comply with existing state or local health, sanitary, or safety code specifications, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Subsurface Boring. "Subsurface boring" means any subsurface soil boring that is drilled or driven for testing or logging strata or to obtain data from the underground.

Sundries. "Sundries" mean a limited number of frequently or recurrently needed items or services for the traveling public. Examples include, but are not limited to, maps, sunglasses, ice, canned drinks, sunscreen, first-aid items, hats and souvenirs.

Supporting Documents. "Supporting Documents" means those plans and programs prepared to provide the background and technical bases for the Mountain House Master Specific Plan and subsequent Specific

Plans, or developed to implement the Mountain House Master Specific Plan and subsequent Specific Plans.

Supporting Equipment. "Supporting equipment" means, when used in association with the terms wireless telecommunication antennas or wireless communication facilities, any electronic switching equipment, cabinet, or other equipment used for a wireless telecommunication and the ancillary building or buildings used to house said equipment.

Supportive Housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site 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.

Consistent with Government Code Section 65583, supportive housing shall be permitted in all zones allowing residential uses, subject to the same permit requirements of other residential uses of the same type in the same zones.

Surface Water. "Surface water" includes, but is not limited to, rivers, creeks, sloughs, irrigation ditches, irrigation conduits, drainage ditches, and natural or unnatural impoundments.

Swine. "Swine" means a pig or a hog eight (8) weeks of age or older.

Tandem Parking. "Tandem Parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

Target Population. "Target population" means persons with low-incomes who have one (1) 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, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Tentative Map. "Tentative map" means a map submitted for approval as a Major Subdivision or Minor Subdivision.

Terminal Drainage or Terminal Drain. "Terminal drainage" or "terminal drain" means a storm drainage system or a portion thereof which conveys storm runoff into a terminal waterway.

Terminal Waterway. "Terminal waterway" means a natural or man-made channel which has the capacity to contain a fifty (50) year return frequency storm and which by gravity carries stormwater ultimately to the ocean.

Terrace. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.

Testing Laboratory License. "Testing laboratory license" means a license issued to a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products that holds an authorized Annual State License.

Topsoil. "Topsoil" means the upper part of the soil profile that is relatively rich in humus, known in agronomy as the A-horizon.

Towing Service. "Towing service" means a commercial service in which a truck is used to tow or transport another vehicle.

Transfer/Processing Station. "Transfer/processing station" means a facility utilized to receive solid wastes; to temporarily store, separate, convert, or otherwise process the materials in the solid wastes; or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer/processing station does not include any facility whose principal function is to receive, store, separate, convert, or otherwise process manure, in accordance with State minimum standards; nor does it include any facility whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.

Transit. "Transit" means public transportation.

Transportation Noise Source. "Transportation noise source" means traffic on public roadways, railroad line operations and aircraft in flight.

Traveled-Way. "Traveled-way" means that portion of the road for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Tree. "Tree" means any object of natural growth having a woody stem or trunk.

Truck. "Truck" means a motor vehicle designed or used for either: (1) the transportation of property; or (2) drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load so drawn.

Truck Parking. "Truck parking" means the parking, storing, or keeping of trucks, semi-trucks, truck trailers, or trailers.

Excluded are the transferring, storing, assembling, or sorting of cargo.

Truck Terminal. "Truck terminal" means an area and buildings used by motor freight vehicles or trucks of common carriers for purposes of transferring, storing, assembling, and sorting cargo or for purposes of storing and maintaining the trucks used for such purposes on a regular basis.

Truck Trailer. "Truck trailer" means either: (1) a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and constructed so that some part of its weight and that of its load rests upon, or is carried by, another vehicle; or (2) a vehicle designed to carry persons or property on its own structure and to be drawn by a motor vehicle which is constructed so that no part of its weight rest upon any other vehicle.

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

Use, Accessory. "Accessory use" means a subordinate use customarily incidental to and located upon the same lot occupied by a main use.

Utility. "Utility" means electric, communication, natural gas, and cable television facilities including, but not limited to, poles, wires, transformers, conduits, conductors, guys, pipes, meters, vaults, and all necessary appurtenances. Utility may also mean the company owning these facilities.

Vapor Probe. "Vapor probe" means a device used to test or extract from the subsurface.

Variance. "Variance" means a permit granted to an applicant pursuant to Section 9-827, to allow the applicant's project to depart from the literal requirements of this Title.

Vehicle. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn, not including a device drawn by human power or used exclusively upon stationary rails or tracks.

Vesting Tentative Map. "Vesting tentative map" means any tentative map that, when filed with the City, has conspicuously printed on its face the words "Vesting Tentative Map."

Vineyard. "Vineyard" means land that contains grapevines and is assessed as a commercial vineyard for tax purposes. The wine grape crop is capable of being harvested and then sold for processing.

Violation. "Violation" means, for floodplain management purposes, the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Title is presumed to be in violation until such time as that documentation is provided.

n" means, for floodplain management purposes, the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Title is presumed to be in violation until such time as that documentation is provided.

Waste. "Waste" means waste as defined in Section 13050 of the California Water Code. Waste includes sewage and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.

Wastewater Disposal System. "Wastewater disposal system" means any and all portions of a facility which is used or intended to be used for the collection, transport, treatment, and disposal of wastewater.

Wastewater Treatment Plant. "Wastewater treatment plant" means those lands, structures, and equipment necessary for the processing and disposal of wastewater. It does not include a septic tank.

Water Main or Water Line. "Water main" or "water line" means the water supply pipe conveying potable water for public use.

Water Quality. "Water quality" means the chemical, physical, radiological, and biological characteristics of water with respect to its suitability for a particular purpose. The same water may be of good quality for one purpose or use, and bad or poor for another, depending upon its characteristics and the requirements for the particular use.

Water Source. "Water source" means either groundwater or surface water used to supply water.

Water System. "Water system" means all wells, pumps, tanks, filters, water treatment equipment, valves, water mains, water service lines, fire hydrants, fire hydrant piping, and all appurtenances to the system.

Watercourse. "Watercourse" means any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay, or storage of waters, and which functions at any time to convey or store stormwater runoff.

Watercourse, Major. "Major watercourse" means a watercourse which provides terminal drainage according to the County Flood Control Engineer.

Waterway. See "Watercourse."

Well. "Well" means a deep hole or shaft, dug or drilled.

Well, Cathodic Protection. "Cathodic protection well" means any artificial excavation constructed by any means for the purposes of installing equipment or facilities.

Well, Water. "Water well" means any artificial excavation constructed by any method for the purpose of extracting or recharging ground water or testing or logging of stratum to obtain data from the underground, not including the following:

(a)

Wells, or geothermal wells constructed under jurisdiction of the Department of Conservation, State of California, except those wells converted to use as water wells;

(b)

Wells used for the purpose of: (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments.

Well Contractor. "Well contractor" means any person or company licensed by the State Contractors License Law, as provided in Division 3, Chapter 9, of the Business and Professional Code.

Well Pit. "Well pit" means an excavation in which the well head or top of well casing is installed below the ground surface.

Windmill. "Windmill" means a wind driven machine which converts the kinetic energy in the wind into mechanical energy for the purpose of on-site use.

Wine Cellar, Off-Site. "Wine cellar, off-site" means a type of bonded premises that is located on a parcel or parcels of land under the same ownership with a vineyard, and where wine made from the grapes of the vineyard(s) is stored. A minimum of one (1) gross acre of grapes shall be grown on the site and used for production of wine sold at the off-site wine cellar. The stored wine is made at an off-site winery. Wine must be produced using grapes from the vineyard where the off-site wine cellar is located and be available for consumption prior to the off-site wine cellar hosting any marketing, accessory winery, wine release or industry event.

Wine Premises, Bonded. "Bonded wine premises" means a place that is bonded by the Bureau of Alcohol, Tobacco and Firearms (ATF) where wine related production operations occur.

Winery. "Winery" means a type of bonded wine premises that is composed of an agricultural processing facility where the primary purpose is to produce wine on-site by fermenting grape juice that results in an alcoholic beverage that is ready for consumption. A winery shall include the following activities: crushing, fermenting, bottling, blending, and aging and may include the following activities and/or facilities: shipping, receiving, tasting room(s), laboratory equipment, maintenance facilities, conference room space, sales and administrative offices. Wineries have a current California Alcohol Beverage Control Winegrowers License and a bonded winery permit from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Bonded wineries may include an on-site wine cellar. Wine must be produced from the bonded wine premises and available for consumption prior to the winery hosting any marketing, accessory winery, wine release or industry events.

Winery, Large. "Large winery" means a winery that has a minimum production capacity of more than five hundred fifty-five (555) tons of grapes or approximately one hundred thousand (100,000) gallons of wine per year.

Winery, Medium. "Medium winery" means a winery that has a minimum production capacity of two hundred one (201) tons of grapes or approximately thirty-six thousand (36,000) gallons of wine and a maximum production capacity of five hundred fifty-five (555) tons of grapes or approximately ninety-nine thousand nine hundred ninety-nine (99,999) gallons of wine per year.

Winery, Small. "Small winery" means a winery that has a minimum production capacity of 1.1 tons of grapes or approximately two hundred one (201) gallons of wine and a maximum production capacity of two hundred (200) tons of grapes or approximately thirty-six thousand (36,000) gallons of wine per year.

Wireless Telecommunication Facility. "Wireless telecommunication facility" means any unstaffed facility which is commercially licensed by the Federal Communications Commission and/or the Public Utilities Commission for the transmission and/or reception of microwave/radio signals. Included in this definition are facilities such as commercial radio-telephone towers, personal communication service towers, and commercial satellite and receiving dishes. Excluded from this definition are radio and television broadcasting towers.

Writing. "Writing" means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Title, it shall be made in writing in the English language.

Yard. "Yard," except as otherwise provided in this Title, means an open space, other than a court, on a lot also occupied by a building. A yard is unoccupied and unobstructed from the ground upward and does not include any portion of any road, alley, or road right-of-way.

Yard, Front. "Front yard" means a yard extending across the front of the lot between the side lot lines, measured from the front lot line to a depth required by the zone in which the lot is situated.

Yard, Rear. "Rear yard" means a yard extending along the back of the lot between the side lot lines, measured from the rear lot line to a depth required by the zone in which the lot is situated.

Yard, Side. "Side yard" means a yard extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.

Yard, Street Side. "Street side yard" means a yard along a side street extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.

Zone. "Zone" means a portion of the unincorporated area of City of Mountain House which is specifically designated in Divisions 3 through 7 of this Title, or on any map which is part of Divisions 3 through 7 of this Title, and given a zone name or number.

Zoning District. See "Zone."

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 4. - USE CLASSIFICATION SYSTEM

The intent of this Chapter is to classify uses according to a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public health, safety, and general welfare. These classifications shall apply throughout this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-1-402 - Classification Rules.

All uses shall be classified according to the use types described in this Chapter beginning with Section 9-14-100. The classifications shall comply with the provisions of this Section.

(a)

Types of Uses Regulated. Only principal uses are included within the Use Classification System. Accessory uses and temporary uses are regulated by the use regulations for each zone district.

(b)

Typical Uses Within Use Types. The description of the use types in this chapter often contain typical uses classified within that use type. These typical uses are examples and are not meant to include all uses that may properly be classified within the use type.

(c)

Classifying New Uses. New uses shall be classified into use types based upon the description of the use types and upon characteristics similar to other uses already classified within the use type, subject to the applicable provisions of Subsection (d) of this Section.

(d)

Classifying Several Uses on the Same Parcel. The principal uses conducted on a single parcel shall be classified separately.

(e)

Capitalization of Use Types. The names of use types are capitalized throughout this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall have the following authority and responsibilities with respect to the Use Classification System:

(a)

Classifying Uses. The Director shall have the authority to classify uses according to use types or to determine that a use does not fit under any use type and, therefore, is not permitted.

(b)

List of Uses. The Director shall develop and maintain an administrative list of common uses and the use types into which they are classified.

(Ord. 2024-18, § 1(Exh. A), 2024)

The classification of a use is an administrative decision without notice and hearing, except that an applicant can appeal the Director's decision pursuant to Section 9-2-412.

(Ord. 2024-18, § 1(Exh. A), 2024)