§ 9-901

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.

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

(a)

Types of Uses Regulated. Only principal uses are included within the Use Type Classification System. Accessory uses and temporary uses are separately defined in Chapter 9-900, Terms and Definitions.

(b)

Typical Uses Within Use Types. The description of use types 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 similarly classified.

(d)

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

(e)

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

(f)

Relation to Land Use Regulations Tables. These classifications are organized into residential and nonresidential groupings and presented alphabetically. In the tables of land use regulations in the 200 Series.

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

(a)

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

(c)

Procedure. The classification of a use for purposes of reviewing an application is an administrative decision without notice and hearing, except that an applicant can appeal the Zoning Administrator's decision pursuant to Section 9-802.150, Time Limit on Approvals.

Day Care. The following are the categories of this use type.

Day Care Centers. An establishment licensed by the State of California that provides non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults.

Large Family Day Care. A day-care facility licensed by the State of California that is in the provider's own home and provides care, protection, and supervision for 9 to 14 children for periods of less than 24 hours a day, including children who reside at the home and are under the age of 10. The facility may be in a single unit dwelling, a dwelling unit within a dwelling, a townhouse, or a dwelling unit within a multi-unit residential building.

Small Family Day Care. A day-care facility licensed by the State of California that is in the provider's own home and provides care, protection, and supervision for up to 8 children for periods of less than 24 hours a day, including children who reside at the home and are under the age of 10. The facility may be in a Single Unit Dwelling, a Duplex, or a Multi-Unit Residential building.

Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less. Medical assistance, counseling, and meals may be provided.

Farm Employee Housing. The following are the categories of this use type.

Large. Farm employee housing consisting of more than 36 beds in group quarters used exclusively for farm employees, or more than 12 units or spaces designed for use by a single family or household with one or more farm employees.

Small. Farm employee housing consisting of no more than 36 beds in group quarters used exclusively for farm employees, or 12 units or spaces designed for use by a single family or household with one or more farm employees.

Group Residential. Shared living quarters with shared bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (30 days or more) but excludes Hotels and Motels, and Residential Care Facilities.

Congregate Housing. A residential facility with shared kitchen facilities, which may be restricted for occupancy by low- or moderate-income households, designed for occupancy for periods of six months or longer, and providing services that may include meals, housekeeping, and personal care assistance as well as common areas for residents of the facility.

Senior Group Residential. A residential facility that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters.

Mobile Home Park. An area or tract of land where two or more lots are rented or leased to accommodate manufactured homes or mobile homes that is not used to provide employee housing or housing for the landowner.

Residential Care Facility. Facilities licensed by the State of California that provide 24-hour primarily nonmedical care permanent living accommodations for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-forprofit institutions, including convalescent facilities, group homes for minors, persons with disabilities, people in recovery from alcohol or drug additions, rehabilitation facilities, and hospice facilities.

Large. A State-licensed Residential Care Facility licensed by the State of California providing care for seven or more persons or a hospice that provides residential living quarters for more than six dependent persons.

Small. A State-licensed Residential Care Facility licensed by the State of California providing care for six or fewer persons or a hospice that provides residential living quarters for up to six dependent persons.

Senior. A State-licensed facility that provides housing chosen voluntarily by senior citizens, the citizen's guardian, conservator or other responsible person, where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care.

Residential Housing. The following are the categories of this use type.

Bungalow Court. Single-Unit Dwellings on individual lots arranged around a common, shared courtyard that is wholly open to the street.

Duplex. A single building on a lot that contains two dwelling units. This use is distinguished from a Second Dwelling Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit.

Multi-Unit Residential. Three or more attached dwelling units on a site or lot. Types of multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multi-story apartment buildings.

Single-Unit Dwelling. One dwelling unit located on a single lot and that is not attached to any other primary dwelling unit (see Duplex). This classification includes individual manufactured housing units installed on a foundation and classified as real property.

Single Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room and a maximum floor area of 350 square feet, that are rented to one or two-person households on a weekly or monthly basis. This use classification is distinct from a Transient Lodging, which is a commercial use type, and Supportive Housing, which offers services for residents.

living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room and a maximum floor area of 350 square feet, that are rented to one or two-person households on a weekly or monthly basis. This use classification is distinct from a Transient Lodging, which is a commercial use type, and Supportive Housing, which offers services for residents.

Supportive Housing. Dwelling units with no limit on length of stay, that are occupied by the target population as defined in the California Health and Safety Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Transitional Housing. Dwelling units configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient.

Veterans Supportive Housing. Dwelling units designed and operated specifically for occupancy by veterans.

Adult Business. Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, videos, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts, or by an emphasis on genitals, buttocks or breasts. Such activity includes adult bookstores, adult arcades, adult entertainment, adult movie theaters, sexual encounter establishments, adult cabarets, and adult theaters, which exclude minors.

Aerial Facility. Public or private facilities for commercial aviation, general aviation, or specialty services. The following are the categories of this use type.

Agricultural. A landing strip or heliport for agricultural crop dusting that is not available for public use and has no commercial service operations for general aviation.

Airfield. A privately-owned landing strip or heliport which may be for personal use or reserved for the owners or tenants of units within a specific development, industrial area, or institution.

Commercial Airport. A public facility for commercial and general aviation aircraft take-off and landings and helicopter take-off and landings, including appurtenant areas for airport buildings, aircraft operations, and related facilities (aprons and taxiways, control towers, passenger terminals, storage hangers, safety lights, and structures). Public airports may include aircraft sales and dealerships, retail sales, professional and personal services, hotels and motels, restaurants and bars, and other similar commercial uses serving the air-traveling public and airport employees.

Agricultural Excavation. The removal or recovery by any means of soil, rock, or organic substances for farming activities. This classification is distinct from Quarry Operations. The following are the categories of this use type.

Small. Excavation of less than 100,000 cubic yards.

Large. Excavation of 100,000 cubic yards or more.

Agricultural Sales. Establishments engaged in the sale of agricultural supplies such as feed, grain, and fertilizers, but excludes uses classified under the Produce Sales and Nursery Sales use types. The following are the categories of this use type.

Agricultural Chemical Sales. The sale and on-site storage of agricultural chemicals and pesticides for farm production purposes. Typical uses include establishments engaged in the sale of fertilizers and pesticides.

Feed and Grain Sales. The sale of feed and grain and the accessory sale of garden fertilizers and other chemicals sold in small quantities which are classified for home garden use. Typical uses include feed and

grain stores.

Agricultural Warehousing. The storage of raw and bulk farm products and processed food products on a fee or contract basis, including refrigerated storage. Typical uses include storage of grains, beans, meats, milk products, cheese, and wine.

Animal Care, Sales, and Services. Retail sales and services related to the boarding, grooming, and care of animals. The following are the categories of this use type.

Boarding and Breeding. The provision of shelter and care of animals on a commercial basis, including keeping, feeding, exercising, grooming, training, breeding, and incidental medical care. This classification includes animal rescues, kennels, pet motels, and shelters, but excludes Stables, which are separately classified.

Large. Facilities for 10 or more dogs, cats, and other domesticated animals.

Small. Facilities for less than 10 dogs, cats, and other small, domesticated animals.

Grooming and Sales. Retail sales and services of dogs, cats, birds, and similar domestic animals, including grooming, on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, pet supply stores, and temporary boarding of domestic animals for a maximum period of 48 hours completely within a structure. This classification excludes dog walking and similar pet care services not performed at a fixed location.

Stable. A boarding and training facility for horses. A horse stable may include, but is not limited to, a feed room, a dressing room, a tack room, a staff area, watering place, and may permit ancillary horse shows.

Veterinary.Medical and health services for animals. Grooming and temporary boarding of domestic animals may be included if incidental to the hospital use. This use type excludes Animal Boarding.

Large Animal. Establishments providing services for large animals such as cattle and sheep, or horses. Typical uses include cattle spraying operations, sheep dipping and sheering services, and veterinary offices for livestock.

Small Animal. Establishments providing services for household pets, such as dogs and cats. Typical uses include veterinary offices, pet clinics, and animal hospitals.

Animal Feeding and Sales. Temporary holding of livestock on a fee or contract basis preparation for slaughter, market, shipping, or sales. Typical uses include livestock auction yards, stockyards, animal sales yards, and feedlots for cattle, hogs, or sheep.

Animal Raising. Any establishment engaged in the raising of animals but excludes animals commonly raised as pets. The following are the categories of this use type.

Exotic. Raising animals generally considered as wild or not normally domesticated for commercial purposes or personal use This category includes chinchilla farms, fox farms, and game farms.

Family Food Production/Education. Raising animals for family food production or education. Typical uses include 4H or FFA.

General. Raising animals for personal use, for animal products, or for commercial purposes, but excluding uses classified under other Animal Raising use types. Typical uses include farms or ranches raising cattle, horses, sheep, goats, chickens, and fowl.

Hogs. Raising hogs for breeding purposes or meat production in numbers large enough to constitute a hog farm.

Other. Raising animals not elsewhere classified. Including small animal farm or poultry farm, or raising aquatic animals, for either breeding purposes or for meat, fish, or egg production. Typical uses include chicken farms, turkey farms, duck farms, pigeon farms, fish and frog farms, fish hatcheries, and rabbit farms.

Artist's Studio. Workspace for an artist or artisan, including individuals practicing arts or crafts. It does not include joint living and working units (see Live-Work).

Large. The workspace may include use of large tools and equipment, such as for custom metal fabrication and woodworking and incidental display and retail sales of items produced on the premises and instructional space for small groups of students

Small. Small-scale, custom art production that is generally done by hand and of a low impact. Typical uses include painting, photography, jewelry, textile, and pottery studios.

Assembly. Facilities for public or private events, including meetings and related activities. The following are the categories of this use type.

Community. Facilities for public and private events and community meetings, including functionally-related space, such as kitchens, multi-purpose rooms, and storage.

Veteran and Service Organizations. Facilities for members and their guests but not open to the public at large. These facilities may serve food, meals, and alcoholic beverages. This classification includes Veterans of Foreign Wars, The American Legion, Disabled Veterans, Am Vets, Rotary, and Masonic Lodges.

Religious. Facilities for religious services and activities involving public assembly. Typical uses include churches, synagogues, and temples.

Auction Sales. The sale of merchandise by auction but excludes the sale of food products and animals. Typical uses include antique, automotive, equipment, and art auction houses.

Indoor. Typical uses include antique and art auctions contained within a structure.

Outdoor. Typical uses include open air auto and equipment auctions.

Automotive Sales and Services. Establishments or places of business primarily engaged in automotiverelated sales or services. The following are the categories of this use type.

Rentals. Rental of automobiles and light trucks. Typical uses include car rental agencies and truck rental leasing without drivers.

Repairs, Limited. Repair services for automobiles and light trucks conducted within an enclosed building, and the sale, installation, and servicing of automobile equipment and parts. Typical uses include muffler shops, automobile repair garages, wheel and brake shops, automobile glass shops, car alarm, navigation, and vehicle radio installation and repair, tire sales and installation, and minor tire repairs. Excluded are uses included under the Automobile Repairs, Major category.

Repairs, Major. Repair of automobiles, trucks, motorcycles, and recreational vehicles including incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission repair, and vehicle painting, but excludes vehicle dismantling or salvaging.

Sales. The sale or leasing of automobiles and light and medium trucks, including storage and incidental maintenance and repair.

Washing/Detailing. Washing and polishing of automobiles and light trucks. Typical uses include car washes and auto detailers.

Towing and Impound. Parking or storage of operable vehicles by a towing or impound service. This use type includes storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling (see Salvage and Wrecking) and Vehicle Storage under Warehouse, Storage and Distribution).

Carbon Capture and Sequestration. The process of capturing and storing atmospheric carbon dioxide.

Hauling and Transfer. Facilities operated by private companies doing hauling and transfer of carbon emissions, including temporary storage of atmospheric carbon dioxide.

Storage and Processing. Long-term storage and processing of atmospheric carbon dioxide.

Catering and Delivery.A business that prepares and delivers food for off-site consumption. Typical uses include catering services and commercial kitchens with on-call and delivery services. This classification does not include businesses involved in the processing or manufacturing of wholesale food products or restaurants (See Agricultural Industry, Limited Industry, and Eating and Drinking Establishments).

Cinema/Theater. Facilities for indoor display of films and motion pictures and theatrical spaces designed and used for entertainment, including plays, comedy, and music.

Commercial Cannabis. Any commercial cannabis activity for which a commercial cannabis license is required. The following are the categories of the Commercial Cannabis use type:

Cultivation. The Cannabis Cultivation use type refers to any activity allowed pursuant to a Cultivator License. Such activities may only be performed by a person with a valid Cultivator License issued by the County pursuant to Title 4, Division 10, Chapter 1. No outdoor cannabis cultivation shall be permitted.

Distribution. The Cannabis Distribution use type refers to any activity allowed pursuant to a Distributor License. Such activities may only be performed by a person with a valid Distributor License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Manufacturing. The Cannabis Manufacturing use type refers to any activity allowed pursuant to a Manufacturer License. Such activities may only be performed by a person with a valid Manufacturer License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Non-storefront Retail Sales. The Cannabis Retail Sales use type refers to any activity allowed pursuant to a Retailer License, including a delivery service. Such activities may only be performed by a person with a valid Retailer License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Laboratory Testing. The Cannabis Laboratory Testing use type refers to any activity allowed pursuant to a Testing Laboratory License. Such activities may only be performed by a person with a valid Testing Laboratory License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Communication Facility. Facilities for the provision of broadcasting, wireless communications, and other information relay services using electronic and telephonic mechanisms.

Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and associated equipment cabinets and enclosures.

Building-Related. Includes telephone switching centers, internet server facilities, and building solely devoted to wireless communications facilities. Radio and television studies are classified as Offices.

Co-Location. Wireless communications facilities that integrated into or are attached to buildings (colocations) but excludes uses classified as Towers.

Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food, flowers, or herbs and related medicinal crops, excluding cannabis. Community gardens may be farmed as separate plots collectively by members of the group and may include common areas maintained and used by group members. This use type includes the accessory sale of produce and flowers produced on-site.

Construction Services. The following are the categories of this use type.

General. A business engaged in construction of buildings, public facilities, or infrastructure. This use types includes general and trade contractors, building contractors, landscape contractors, sign contractors, and indoor storage services, including contracting for plumbing, heating, electrical, and air conditioning.

Heavy Infrastructure. Includes general and trade contractors engaged in heavy construction other than buildings, such as highway and street construction; water, sewer, and pipeline construction; and bridge and tunnel construction

Outdoor Storage. Includes storage of construction and landscaping materials and construction equipment on a site other than a construction site, including scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as repair facilities. This use type does not include lumber yards (see Building Materials and Services under Retail Sales).

Correctional or Detention Facility. Institutions for the confinement and correction of offenders sentenced by a court. This use type includes county jails, federal and state prisons, and secure re-entry facilities, but does not include facilities at a police department or sheriff's office for temporarily holding persons taken into custody prior to release or transfer to another confinement facility. The use does not include halfway houses or residential drug rehabilitation facilities.

enders sentenced by a court. This use type includes county jails, federal and state prisons, and secure re-entry facilities, but does not include facilities at a police department or sheriff's office for temporarily holding persons taken into custody prior to release or transfer to another confinement facility. The use does not include halfway houses or residential drug rehabilitation facilities.

Crop Production. The Crop Production use type refers to growing plant crops for private or commercial purposes in fields or orchards. Typical uses include growing field crops, fruit or nut trees, and vineyards. The use also includes greenhouses and containerized crop production and associated crop preparation services and harvesting activities. This classification does not include Produce Sales, Commercial Cannabis Cultivation, or Industrial Hemp Production.

Cultural Institution. A facility for the preservation and exhibition of objects of permanent interest in the arts and sciences, and library collections of books, manuscripts, and similar materials for study and reading. This use type includes museums and museum-like buildings; buildings for cultural institutions of a charitable or philanthropic nature; and accessory uses, such as art galleries, zoos, and botanical gardens.

Dairies and Creameries. Facilities for collecting and processing milk from animals, which may include making cheese and other dairy products, and temporarily storing the milk and dairy products prior to sale. Typical uses include cow dairy farms, goat dairy farms and creameries associated with a dairy.

Eating and Drinking Establishment. Businesses primarily engaged in the selling and serving of prepared food and beverages for consumption on or off premises. Typical uses include restaurants, bars, brewpubs, and tasting rooms, but excludes adult entertainment. The following are the categories of this use type.

Bar.Licensed establishment that sells beer, wine, and distilled spirits for consumption on the premises but does not necessarily sell food. This use type includes licensed bars, brewpubs and tasting rooms. This classification does not include Wine Facilities.

Restaurant, Full Service. A licensed establishment providing food and beverage services to patrons who order and are served while seated. Take-out service may also be provided. Full-service restaurants include eating places that may be authorized to sell beer, wine, and distilled spirits for consumption on-site.

Restaurant, Limited Service. An establishment where food and beverages is consumed on the premises, taken out, or delivered, and where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, drive-in and fast-food restaurants, ice cream parlors, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. Limited-service restaurants include eating places that may be authorized with a State license to sell, beer, wine, and distilled spirits for consumption on-site.

Educational Services. Institutions providing educational services.

College. Accredited institutions of higher education, including public and private colleges providing curricula of a general, religious, or professional nature, including conference centers and academic retreats associated with such institutions. This classification includes junior college. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites. This classification may include student housing (e.g., dormitories, fraternities,

multi-family housing, or sororities), administrative centers, student unions, libraries, and cafeteria facilities. It does not include Trade Schools, which are separately classified.

School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools. This classification is distinguished from Colleges, Instructional Services, and Trade Schools, which are listed separately.

Trade School. Public or private institutions teaching specific skills or trades. This classification includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites and conference centers and academic retreats associated with such institutions. This classification may include ancillary uses such as an administrative center, library, and cafeteria.

Equipment Sales, Repair, and Storage. Establishments that sell, rent, service, repair, or store equipment. The following are the categories of this use type.

Aircraft. The sale, rental, servicing, and repair of aircraft. Typical uses include aircraft dealers.

Farm Machinery, Sales. The sale, rental, and minor, incidental repair of farm machinery. Typical uses include tractor sales yard.

Farm Machinery, Repair. The repair of farm implements and equipment. Typical uses include welding shops and tractor repair shops.

Heavy Equipment, Sales. Sale of heavy construction equipment or major facility equipment such as largescale furnaces or boilers. Typical uses include bulldozer or crane sales yards.

Heavy Equipment, Repair. Repair of heavy construction equipment or major facility equipment like largescale furnaces or boilers. Typical uses include bulldozer or crane repair shops.

Leisure, Sales and Repair. Sale/rental, servicing, and repair of boats, trailers, recreational vehicles, and mobile homes. Typical uses include recreational vehicle dealers, boat dealers, and mobile home dealers.

Leisure, Storage. Storage of boats, trailers, recreational vehicles, and mobile homes. Typical uses include storage lots for recreational vehicle dealers, boat dealers, and mobile home dealers.

Small Equipment Rental. Establishment engaged in rental of equipment, such as medical devices and party equipment to individuals and businesses, and whose activities may include storage and delivery of items to customers.

Farm Services. Services provided to farming operations on a fee or contract basis. Typical services include administrative or farm headquarters offices, contract harvesting done primarily by machine, soil preparation, planting crops, and the storage of semi-trucks exclusively used for contract harvesting, farm equipment, and material for said services. This use type excludes uses classified as Equipment Sales, Repair, and Storage - Farm Machinery, Sales or Repair.

Freight and Truck Terminals. Facilities for freight, courier, and postal services. This classification does not include local messenger and local delivery services (see Light Fleet-Based Services) and Liquefied Natural

Gas (LNG) Truck Fueling Stations.

Fuel Sales. An establishment selling gasoline or alternative fuels, which may include the sale of related items and services. The following are the categories of this use type.

Automotive. Diesel and gasoline sales for automotives.

Automotive, Alternative. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations. Typical uses include Liquefied Natural Gas fueling stations.

Recharging Facility. A facility offering equipment to recharge electric-powered vehicles. Trucks. Diesel and gasoline sales for trucks.

Trucks, Alternative. A facility offering truck fuels not customarily offered by commercial refueling stations. Typical uses include Liquefied Natural Gas fueling stations.

Funeral/Interment Services. An establishment providing services involving the care, preparation, or disposition of human remains for burial including arranging and managing funerals. This use type includes cemeteries and crematories.

Cemetery. Establishments engaged in operating sites or structures reserved for the interment of human or animal remains, including columbariums, mausoleums, burial places, crematories, and memorial gardens. A cemetery may be publicor private.

Crematory. A State-licensed establishment offering services for the cremation of a human body.

Mortuary. A State-licensed funeral establishment offering services for the preparation and arrangement of funerals, transportation, burial, and other disposition of human remains.

Government Building. Administrative, clerical, or public offices of a government agency, including postal facilities and courts, along with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Utilities, Major).

Industrial Hemp Production. The Industrial Hemp Production use type refers to a County-licensed facility for the cultivation of industrial hemp, which may be indoors or outdoors.

Industry. The following are the categories of this use type:

Agricultural, Light. Facilities used for processing agricultural crops, with the intent of preparing them for market or further processing. Typical uses include: alfalfa cubing; bean cleaning; corn shelling and sorting; canning of fruits and vegetables; custom milling of flour, feed, and grain; sorting, grading and packing of fruit and vegetables; tree nut hulling and shelling; and support services related to these activities.

Agricultural, Heavy. Facilities used for manufacturing agricultural crops and products. Typical uses include: breweries; canning of fruits and vegetables; cheese manufacturing; manufacturing of food oil; slaughter houses; manufacturing of food and prepared meat products; and support services related to these activities

Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture; and related product manufacturing; visual arts and communications media production facilities; and support services related to these activities. For more intensive or extensive industrial uses, see General Industry.

General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes the manufacturing of apparel; leather and allied products; wood products; paper; chemicals; plastics and rubber products metal; fabricated metal products; automotive and heavy equipment; bulk concrete; prefabricated concrete products; ready-mix concrete; lime products; and gypsum products, such as plasterboard. This classification excludes Biomass Conversion Facilities, which are separately classified under Renewable Energy.

Instructional Services. Services for the purpose of personal enrichment. Typical uses include classes or instruction in dance, music, health, athletics, art, or academic tutoring. Instructional Services includes rehearsal studios as an accessory use. This use type excludes traditional educational services (see Colleges, Trade Schools and Schools, Public or Private).

Landfill. A disposal site employing an engineered method of disposal of solid wastes that minimizes environmental hazards by spreading, compacting to the smallest volume practical, and applying cover material over all exposed wastes. Typical uses include sanitary landfills and land disposal facilities for hazardous wastes.

Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of vehicles. This classification includes parking, dispatching, and offices for taxicab and limousine operations, bus services, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile Sales and Service, Towing and Impound) or taxi or delivery services with two or fewer fleet vehicles on-site (see Retail Sales and Services - Business Services).

Live-Work Unit. A unit that combines a workspace and residential occupancy in a structure that has been constructed for residential use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by the resident occupants.

Major Impact Services. Land intensive activities that must be located away from residences or concentrations of people due to the magnitude or nature of the operation's impacts on the surrounding environment.

Marina. Facilities for the docking of boats and related accessory uses, including boat rentals, boat repairs, boat fueling facilities, retail sales with alcoholic beverage sales and rentals of marine supplies and equipment, full service or limited restaurants, and a harbor master's office. Typical uses include recreational boat marinas, boat rental establishments, and boat launch pads.

Medical Services. State-licensed facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. The following are the categories of this use type.

Hospital. An in-patient facility providing medical, surgical, mental health, or related services including ancillary facilities for outpatient and emergency treatment, clinics, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.

atient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.

Skilled Nursing Facility. A State-licensed facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. These facilities provide 24-hour inpatient care and include physician and nursing services with ancillary dietary, pharmaceutical, and activity program services. This classification includes intermediate care programs that provide skilled nursing and supportive care for patients.

Nursery Sales and Landscaping Services. Establishments primarily engaged in selling nursery and garden products including trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere, or offering landscaping services. Fertilizer and soil products are stored and sold in packaged form. This classification includes wholesale and retail nurseries and landscape service contractors.

Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, and legal offices. This classification also includes banks, check cashing facilities, employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials, and offices in a mixed use building for medical and dental services provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals but excludes Laboratories and Medical Services.

Parks and Open Space. The following are the categories of this use type.

Park. Outdoor areas used for recreational activities that involve large amounts of open space with minimal development and specialized facilities, such as picnic areas, boat docks, boat ramps, and fishing piers. Typical uses include neighborhood, community, regional parks, and regional sports complexes with softball and soccer fields. See Recreation Facilities for commercial recreation uses.

Wildlife Preserve. Outdoor areas used for limited impact recreational activities such as hiking, picnicking, and fishing, which involve large amounts of land in its agricultural or natural state. A preserve may include wildlife habitat and wetlands areas.

Parking Facility. A publicly or privately owned lot or structure where parking for passenger vehicles is offered to the public when such use is not incidental to another activity.

Personal Services. Establishments offering a variety of services to individuals. The following are the categories of this use type.

General. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, photocopying and photo finishing services, tattoo or body modification parlors, and travel agencies mainly intended for the consumer. This use type excludes gyms and similar types of training and instruction facilities.

Massage Establishment. Any establishment that provides massages and health treatments involving therapeutic massages as regular functions.

Health and Fitness Facility. A commercial fitness center, gym, exercise club, health and athletic club, or studio offering martial arts, physical exercise, yoga training and similar types of instruction to classes, small groups, or individuals. The facility may include exercise machines, weight training equipment, group exercise rooms, sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, other indoor sports activities, and indoor or outdoor pools.

Petroleum and Gas Extraction. Facilities for the extraction of oil and natural gas from the ground and the temporary storage of oil at the well site. Typical uses include oil and gas wells.

Produce Sales. The sale of produce and agricultural products, including shell eggs, as the primary economic activity of produce stands, agricultural stores, and farmers' markets. The following are the categories of this use type.

Agricultural Store, Small. An establishment that sells produce, agricultural food products in a space within a building that does not exceed 1,500 square feet where a maximum of 25 percent of the store's floor area or 250 square feet, whichever is greater, may be used for retail sales of packaged foods, alcoholic and nonalcoholic beverages, crafts, prepared food, and merchandise.

Agricultural Store, Large. An establishment that sells produce, agricultural products, prepared food and limited retail merchandise in a space that exceeds 1,500 square feet in size with a maximum of a maximum of 25 percent of the store's floor area or 500 square feet, whichever is greater, for retail sales of packaged foods, non-alcoholic beverages, crafts, prepared food, and merchandise. Food preparation areas are not counted as part of the retail sales area.

Farmers' Market, Certified. An outdoor market without permanent structures for direct retail sales by farms to the public, which is certified by the State or County Agricultural Commissioner. This use type may include sale of handmade and craft items.

Produce Stand. A small agricultural stand for the sale of produce, cut flowers, or shell eggs that are grown or raised in the County in a space that does not exceed 750 square feet.

Public Safety Facility. A facility for public safety and emergency services, including police and fire protection, with incidental storage, training, and maintenance facilities. This use includes facilities used by

the armed services, law enforcement and fire departments.

Quarry Operations. The extraction and processing of rocks and minerals from the ground, excluding uses classified under the Petroleum and Gas Extraction use type. Typical uses include sand and gravel pits, metal mining, and coal mining.

Recreation Facility. Establishment engaged in the provision of participant or spectator entertainment or recreation to the public or reserved for members of an organization. The following are the categories of this use type.

Campground. Areas and services for campsites, accommodating either tents or camping vehicles, which are used by the public as temporary living quarters for recreational purposes. Typical uses include recreational vehicle campgrounds and group tent campgrounds.

Large-Scale Outdoor Facility. This classification includes large outdoor recreation and entertainment facilities, such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, large tennis club facilities, miniature golf courses.

Large-Scale Indoor Facility. This classification includes large indoor facilities on two acres or more, such as multi-purpose fitness centers, gymnasiums, handball, racquetball, or indoor tennis club facilities; ice- or roller-skating rinks; swimming or wave pools; bowling alleys; and indoor archery or shooting ranges.

Outdoor Sports. Sports using open space or agricultural land. Typical uses include duck clubs, hunting clubs, skeet clubs, gun and rifle ranges, fishing, golf courses, equestrian show facilities, off-highway motor vehicle recreation, paintball facilities, and outdoor archery ranges.

Resort. A facility for transient guests where the primary attraction is generally recreational features or activities. Typical uses include summer camps, dude ranches, and health spas.

Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than two acres, such as billiard parlors, card rooms, game arcades, small tennis club facilities, poolrooms, and amusement arcades. It also includes small outdoor playing or practice areas for individual sports operated on a commercial basis.

Recycling Facility. Collection, recycling, or processing of materials or items. The following are the categories of this use type.

Agricultural. Facilities used exclusively for the recycling of materials generated from production of agricultural activities, including plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture.

Sorting. A sorting point for recyclable materials such as paper, metal, plastic, and glass that are dropped off or collected.

Processing. An industrial facility where recycled materials are processed into new materials or products.

Renewable Energy. The following are the categories of this use type.

Biomass Conversion. Bioenergy facilities to produce heat, fuels, or electricity by the controlled combustion of, or the use of other non-combustion thermal conversion technologies on specific materials when separated from other solid waste. Materials used for biomass conversion include agricultural crop residues, bark, yard, lawn and garden clippings, leaves, silviculture residue, tree and brush pruning, wood, wood chips, wood waste, nonrecyclable pulp, and nonrecyclable paper materials.

Small-Scale Solar Energy System. A device or devices with accessory equipment or structures that converts solar energy into electrical or thermal energy primarily for on-site use. A small-scale solar energy system may be affixed either to the ground or to a structure. Energy generated by a small-scale solar energy system that exceeds the on-site energy demand may be used off-site. This use types excludes Residential Solar Energy Systems, Small, which are classified as an accessory use to a single unit dwelling or duplex dwelling.

Small-Scale Wind Energy System. A tower-mounted wind turbine with accessory equipment or structures that converts wind energy into electrical energy primarily for on-site use. A small-scale wind energy system may be affixed either to the ground or to a structure. Such system has a rated capacity of no more than 50 kilowatts. Any excess energy not used on-site may be used offsite.

Utility-Scale Solar Energy Facility. An array of solar modules or panels affixed to the ground or mounted on structures with accessory equipment that converts solar energy into electrical or thermal energy primarily for off-site use.

Utility-Scale Wind Energy Facility. A tower or towers with one or more wind turbines and any accessory equipment or structures that converts wind energy into electrical energy primarily for off-site use or exceeds a rated capacity of 50 kilowatts.

Repair Service. Establishments engaged in the maintenance or repair of small appliances and furniture such as computers, office machines, household appliances, tables and chairs, and similar small items.

Research and Development. Establishments engaged in basic or applied research or the development of high technology products and related services. The following are the categories of this use type.

High Technology. An establishment for scientific research and the design, development, testing, and production testing of digital, electrical, electronic, magnetic, and chemical materials and products, including visible and infrared optical components and biotechnology.

Laboratory. An establishment providing commercial laboratory facilities for contract research or dental or medical services or an establishment providing analytical, photographic, optical, pharmaceutical, or testing services. This classification includes soils and materials testing laboratories.

Retail Sales and Services. The following are the categories of this use type.

Alcoholic Beverage Sales, Off-Premises. A retail establishment licensed by the State Department of Alcoholic Beverage Control to sell alcoholic beverages for off-site consumption. This use type includes stores operating under a license authorizing sale of distilled spirits, beer, wine, and other alcoholic beverages for consumption off the premises and stores operating under a license authorizing sale of beer and wine for consumption off the premises. This classification does not include Wine Facilities.

Building Materials and Supplies. Sales or rental of building supplies or equipment, paint, fixtures, hardware, or other materials and equipment used in the construction of buildings. This classification generally involves large outdoor storage areas and includes incidental sales of plants and garden supplies, lumberyards, and tool and equipment sales or rental establishments. This definition does not include Construction Services, Yards, small hardware and garden supply stores classified as General Retail Sales, and freestanding Nursery Sales and Garden Centers.

Business Services.The business services use type refers to establishments primarily engaged in the provisions of goods and services to other businesses, including clerical, employment, equipment rental, custodial, and janitorial services. Typical uses include secretarial services, quick-printing services, blueprint services, and taxi or delivery services with two or fewer vehicles on-site.

Convenience Store. A retail store that carries a range of merchandise oriented to daily convenience and travelers' shopping needs, including a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. Alcohol may also be permitted for sale if Retail Sales and Services - Alcoholic Beverage Sales, Off-Premises is permitted in the same zone or if operated in conjunction with Fuel Sales.

Market. A retail store selling food and beverages for off-site preparation or consumption. This use may also include bakeries and the provision of other services (e.g., banks, copy services, dry cleaners, film processing, food take-outs, pharmacies, etc.) under one roof. The use includes neighborhood grocery stores selling fresh fruits, vegetables, and other items for off-site preparation and consumption. Including alcoholic beverages.

General.A retail store offering a broad range of merchandise, which may include goods not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, small hardware and garden supply stores, pawn shops, secondhand stores, and businesses retailing goods. Retail sales may be combined with repair services.

Mobile Food Vendor, On-Premises. Commercial vending of food and beverages from vehicles parked onpremises that provide outdoor seating and restrooms.

Salvage and Wrecking. Storage and dismantling of scrap metal products and vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

Signs, Off-Premises. The Off-Premises Signs use type refers to signs which direct attention to businesses, commodities, services, or entertainment which are conducted, sold, or offered at a location different from that of the sign. Typical uses include billboards.

Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (See Day Care Center), clinics (see Medical Services, Clinic), and emergency shelters providing 24-hour or overnight care (See Emergency Shelter).

Soil Replacement and Stockpiling. Replacement or stockpiling of clean fill brought on-site from off-site sources in excess of 250,000 cubic yards. Excludes quarry operations and reclamation plans.

Transient Lodging. Transient lodging refers to establishments primarily engaged in the provision of lodging services with incidental food, drink and other sales and services intended for the convenience of guests. The following are the categories of this use type.

Bed and Breakfast. A dwelling containing a single living unit that serves as the residence for the owner or manager and not more than six guest rooms that, for compensation, provide temporary night to night lodging with or without meals.

Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motels, apartment hotels, extended stay hotels, hostels, and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, or single-room occupancy housing.

Recreational Vehicle Park. A facility that provides short-term rental spaces for recreational vehicles for overnight use with support facilities. Recreational vehicle (RV) parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. This use type may include accessory retail uses where they are clearly incidental and intended to serve RV Park patrons only.

Truck Services. Establishments that provide services for the trucking industry, including sales and repair of heavy trucks, trailers, and related equipment. The following are the categories of this use type.

Parking. A commercial operation for the parking or storage of heavy trucks and trailers. Typical uses include truck storage yards.

Repairs. Repair of heavy trucks, including incidental sale, installation, and servicing of related equipment and parts. This classification includes truck repair shops, body repair and painting, transmission repair, wheel and brake services, auto glass services, and installation of alarms, radios, and navigation systems.

Sales and Rentals. The sale or rental of heavy trucks, tractors, trailers, and similar equipment, including storage and incidental maintenance and repair. Typical uses include trucker dealerships, truck rental agencies, and truck rental leasing without drivers. For sales of boats, motor homes, and recreation vehicles, see Equipment Sales and Repair, Leisure.

Stop. Truck facilities containing two or more services for the traveling public on the same parcel. Truck stops may include minor servicing and repair of trucks, the direct dispensing of motor fuel, sale of truck accessories, and provision of overnight accommodations and restaurant facilities.

Washing. A commercial operation for cleaning and detailing of trucks and trailers.

Utility. The following are the categories of this use type.

Major. Large-scale operations for public and quasi-public agencies and utilities. Typical uses include electric substations, cogeneration facilities, battery storage facilities, water or wastewater treatment plants,

and similar facilities.

Minor. Small-scale operations necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines. This use type includes small residential rooftop solar energy systems, as defined and regulated by Government Code Section 65850.5.

Warehouse, Storage, and Distribution. Storage and distribution facilities with incidental onsite sales to the public or public storage in small individual spaces exclusively and directly accessible to a specific tenant. Small showrooms may be included as an accessory use. The following are the categories of this use type.

Chemical, Mineral, and Explosives. Storage of hazardous materials including but not limited to bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.

Indoor. Storage of products within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of commercial and industrial equipment, products, and materials, including but not limited to farm equipment, feed, and lumber and janitorial and restaurant supplies.

Outdoor. Storage of products in an open lot prior to their distribution to wholesale and retail outlets and the storage of commercial and industrial equipment, products, and materials, including but not limited to automobiles, farm equipment, feed, and lumber.

Personal. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Vehicle. Indoor or outdoor storage of operable or inoperable vehicles, including automobiles, and trucks. This classification is distinguished from Automobile Sales and Services, Towing and Impound, because it is limited to storage on a voluntary basis.

Waste Facility. Collection, disposal, or processing of materials or items. The following are the categories of this use type.

Agricultural. The storage, stockpiling, sacking, and sale of waste products and by-products from plant crops and animals, and organic materials, including composting operations, but excludes tallow rendering and similar uses requiring additional processing. Typical uses include establishments selling chicken manure, cattle manure, compost from urban yard refuse, or removed grapevines.

Hauling and Transfer. Facilities operated by private companies doing waste hauling and transfer, including storing, sorting and/or processing of solid and liquid waste and recyclable materials.

Water Storage. The intentional collection of water in a tank or reservoir for more than 30 days for later use. This use type excludes the containment by a levee of an island adjacent to tidal waters in the SacramentoSan Joaquin Delta.

Wine Facility. Facilities used for the production or storage of wine, which may also be used for marketing events. The following are the categories of this use type:

Large Winery. A winery that has a minimum production capacity of more than 555 tons of grapes or approximately 100,000 gallons of wine per year.

Medium Winery. A winery that has a minimum production capacity of 201 tons of grapes or approximately 36,000 gallons of wine and a maximum production capacity of 555 tons of grapes or approximately 99,999 gallons of wine per year.

Small Winery. A winery that has a minimum production capacity of 1.1 tons of grapes or approximately 201 gallons of wine and a maximum production capacity of 200 tons of grapes or approximately 36,000 gallons of wine per year.

Off-Site Wine Cellar. A wine cellar involving a structure or area used for the storage of wine. No wine is produced on-site, but these facilities are always associated with a vineyard.

(Ord. No. 4623, § 31, 5-2-2023; Ord. No. 4632, § 29, 6-26-2023; Ord. No. 4671, § 33, 5-13-2025; Ord. No. 4683, § 38, 12-9-2025)

APPENDIX 1 - MOUNTAIN HOUSE DEVELOPMENT TITLE CHAPTER 9-107M - MOUNTAIN HOUSE DEVELOPMENT TITLE

9-107.1M - TITLE—REFERENCE.

Appendix 1, Mountain House Development Title, consisting of this chapter plus the following chapters, shall be known collectively and referred to as the Mountain House Development Title (MHDT).

(Ord. 3813 (part), 1994)

9-107.2M - INTENT.

The intent of the Mountain House Development Title is to add provisions to, or amend provisions of, the development title of San Joaquin County in order to implement the Master Plan, Specific Plans and Special Purpose Plans of the Mountain House Community. In this context, the Mountain House Development Title shall be viewed as an addendum to the development title of San Joaquin County but only with respect to Mountain House.

(Ord. 3813 (part), 1994)

9-107.3M - CONSISTENCY WITH GENERAL PLAN AND MASTER PLAN.

All actions, approvals and procedures taken with respect to, or in accordance with, this Mountain House Development Title shall be consistent with the San Joaquin General Plan and the Master Plan of the Mountain House Community. In the event this Mountain House Development Title becomes inconsistent with the San Joaquin General Plan or any of its elements, or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Mountain House Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.

(Ord. 3813 (part), 1994)

9-107.4M - INTERPRETATION, CONSTITUTIONALITY, AND SEVERABILITY.

(a)

Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Mountain House Development Title shall be resolved by the Director.

(b)

Invalidity. If any section, subsection, sentence, clause or phrase of this Mountain House Development Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Mountain House Development Title. The Board declares that it would have passed this Mountain House Development Title and every section, subsection, clause and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses or phrases declared unconstitutional.

(Ord. 3813 (part), 1994)

9-107.5M - RESTRICTIONS.

It is not intended by the Mountain House Development Title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. Where the Mountain House Development Title imposes a greater restriction upon the use of buildings or land than are imposed by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of the Mountain House Development Title shall prevail, excluding development agreements and any vested provisions in agreements.

(Ord. 3813 (part), 1994)

9-107.6M - NO RELIEF FROM OTHER PROVISIONS.

Except as otherwise specifically provided, no provision of this Mountain House Development Title shall be construed as relieving any party to whom a development approval has been issued from any other provision of State or Federal law or from any provision, ordinance, rule or regulation of the County requiring a license, franchise or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction, or use.

(Ord. 3813 (part), 1994)

9-107.7M - STRUCTURE AND USE.

The following rules concerning the structure and use of the Mountain House Development Title shall apply:

(a)

Chapters and sections of the Mountain House Development Title which amend specific chapters, sections or tables of the San Joaquin Development Title shall carry the same numbering as said chapters, sections or tables of the San Joaquin Development Title. For the Mountain House Development Title, the letter "M" shall appear at the end of chapter numbers, section numbers or table numbers to distinguish between

Mountain House Development Title chapters, sections, and tables and San Joaquin Development Title chapters, sections and tables.

(b)

Chapters and sections of the Mountain House Development Title that do not amend specific chapters or sections of the San Joaquin Development Title, or have no antecedents in the San Joaquin Development Title, shall be regarded as new or as additional provisions applicable only to the Mountain House Community. Said chapters and sections shall be numbered similarly with other Mountain House chapters and sections.

(c)

Only those chapters, sections and tables of the Mountain House Development Title which represent amendments to specific chapters, sections, and tables of the San Joaquin Development Title or which represent new or additional provisions shall be contained in the Mountain House Development Title.

(d)

Unless otherwise changed by the Mountain House Development Title, the provisions of the development title of San Joaquin County shall be applicable to all development within the Mountain House Community.

(Ord. 3813 (part), 1994)

CHAPTER 9-110.4M - DEFINITIONS

9-110.4M - DEFINITIONS.

The following additional definitions or changes to existing definitions in the development title shall be used:

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.

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.

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.

Bicycle Commuter Route. "Bicycle commuter route" means a Class I bike path or Class II bike lane which is designated as the most efficient path of travel for the dedicated bike commuter.

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.

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.

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 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.

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 Permit. "Development Permit" means any discretionary or ministerial permit required for a project, excluding General Plans, Master Plans, Specific Plans, Special Purpose Plans, or amendments thereto, ordinance text changes, and rezonings.

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 9 830M.

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.

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.

Landowner. "Landowner" means any individual, partnership, corporation, or other legal entity owning or developing land within the Mountain House Community and/or contemplating development within the Mountain House Community.

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

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.

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.

Mountain House Community Services District. "Mountain House Community Services District" or "MHCSD" means the community services district established to administer and to provide certain services and infrastructure for the inhabitants of Mountain House.

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

Nontransportation Noise Sources. "Nontransportation noise sources" means equipment, utilities or processes associated with industrial, commercial or public facilities that create a constant or periodic noise in a fixed location.

Noise-Sensitive Uses. "Noise-sensitive uses" means residential, educational, hospital, and group care uses.

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.

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 County, 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 County before construction permits can be obtained for the affected area.

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 Chapter 9 1245M 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.

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.

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

t 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.

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 County of San Joaquin and Trimark Communities, or plans and programs as set forth in the Development Agreement between the County of San Joaquin and Gerry N. Kamilos, LLC.

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.

(Ord. 3813 (part), 1994; Ord. 3951, § 2, 1997; Ord. 3953, § 1, 1997; Ord. 3974, § 1, 1998; Ord. 3975, § 2, 1998; Ord. 4033, § 2, 1999; Ord. 4066, § 1, 2000; Ord. 4242, § 1, 2005; Ord. 4276, § 1, 2005)