§ 20.00.070 DEFINITIONS.

   This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Section conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this section, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.

   A.   General terminology. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.

   The word “building” includes the word “structure.”

   The word “shall” is mandatory and the word “may” is permissive.

   The word “used” includes the words, “arranged for, designed for, occupied or intended to be occupied for.”

   The word “Council” shall mean the City Council of the City of Brea.

   The word “Commission” shall mean the Planning Commission of the City of Brea.

   The word “city” shall mean the City of Brea.

   B.   Specific definitions.

      1.   "A" words, terms and land uses.

         ABATEMENT. An action taken to reduce, relieve, or suppress another continuing action.

         ABUT or ABUTTING LAND. A parcel having a common boundary with another parcel, including parcels that have a common corner.

         ABUTTING. Two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in contact with each other.

         ACCESS or ACCESS WAY. The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property, parking space or use as required by this Zoning Code.

         ACCESSORY BUILDING. A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

         ACCESSORY DWELLING UNIT. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

         ACCESSORY DWELLING UNIT, JUNIOR. A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. An ACCESSORY DWELLING UNIT, JUNIOR may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

         ACCESSORY LIVING QUARTERS. Living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

         ACCESSORY RETAIL USES. The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from a public street. These uses include gift shops, pharmacies, and food service establishments within hospitals; convenience stores, and food service establishments within hotel, office, and industrial complexes.

         ACCESSORY STRUCTURE. A structure that is clearly incidental to and detached from a principal building on the same lot and subordinate to the principal building.

         ACCESSORY USE. A use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.

         ACCESSORY USES AND STRUCTURES (RESIDENTIAL LAND USE). Includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (detached patio covers, garages, gazebos, greenhouses, hot tubs, spas, and swimming pools, studios, workshops, and similar structures). Includes home satellite dish antennas of eighteen (18) inches or less in diameter, and other receiving antennas for earth-based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of WIRELESS TELECOMMUNICATIONS FACILITIES).

         ACREAGE, GROSS. The total land area within the lot lines of a parcel of land before the deduction of areas for public rights-of-way, public parks, public school sites, and any easement(s) constituting a substantial impairment of the fee.

         ACREAGE, NET. The area within the lot lines of a parcel of land after all deductions are made. Deductions include public rights-of-way, public parks, public school sites, and any easement constituting a substantial impairment of the fee.

         ADDITION. Any construction that is attached to an existing structure and that increases the size or capacity of a structure in terms of site coverage, height, length, width, or gross floor area.

         ADJACENT. Two (2) or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two (2) or more subjects that lie near or close to each other.

         ADJOINING. Refers to a parcel that shares all or part of a common lot line with another parcel or that is directly across a street, private street or access easement, or right-of-way (other than a freeway or principal arterial) from a parcel.

         ADMISSION CHARGE. A tangible benefit, monetary or otherwise, which is expressly or impliedly required as a condition of admittance to a party. Customary courtesies and clearly non- commercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an ADMISSION CHARGE. ADMISSION CHARGE shall not include donations for political, community service, charitable or religious purposes.

         ADULT ENTERTAINMENT BUSINESS. A place of business as defined in § 20.44.020 of this title.

         ADVISORY AGENCY. The City Planning Commission which is herein designated as the advisory agency to the City Council on all matters related to zoning and use of land and structures.

         AFFORDABLE PERIOD. The length of time a dwelling unit is required to remain within the affordable price range as specified by Chapter 20.40 of this title.

         AGRICULTURE, INDUSTRIAL. Commercial and industrial agriculture uses that that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, such as slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses. Such uses must be conducted entirely within a building.

         AGRICULTURE, LIMITED. Private, non-commercial greenhouses, horticultural collections, flower gardens, growing of vegetable crops and fruit trees, and other similar activities.

         AGRICULTURE, MAJOR. Commercial livestock farms, dairy farms, aviaries, or similar uses as determined by the Community Development Director. This use does not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses.

         AGRICULTURE, MINOR. Cultivation of commercial agricultural products, including, but not limited to, growing of field crops, trees, vegetables, fruits, berries, and nursery stock, and other similar items as determined by the Community Development Director. May include structures that supports such cultivation, such as greenhouses, along with seasonal fruit and vegetable roadside stands if located on the same site upon which said fruit and vegetables are grown.

         ALCOHOLIC BEVERAGE SALES, OFF-SALE. Commercial establishments that sells alcoholic beverages of all types for off-site consumption. This use can be an accessory use to a different principal use permitted within a zone.

         ALCOHOLIC BEVERAGE SALES, ON-SALE. Commercial establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars and restaurants that serve alcoholic beverages. This use can be an accessory use to a different principal use permitted within a zone.

         ALCOHOLIC BEVERAGE MANUFACTURING. Commercial establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for on-sale or off-sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing.

         ALLEY. A narrow service way, either public or private, that provides a permanently reserved but secondary means of public access. Alleys are not intended for general traffic circulation, but for services and delivery access. Alleys typically are located along rear property lines.

         ALTERNATIVE TRANSPORTATION MODES. Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.

         AMBULANCE SERVICES. Facilities that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Does not include Helipads.

         AMENDMENT. A change in the wording, context, or substance of this Zoning Code, the General Plan, or specific plans or a change in the zoning district boundaries of the official zoning map. See Chapter 20.74 (Amendments).

         ANIMALS, BOARDING/KENNEL (COMMERCIAL). Any lot, building, structure, enclosure, premises, or a portion thereof, that provides overnight shelter, care, boarding and training for household pets and other small animals on a commercial basis.

         ANIMALS, BOARDING/KENNEL (NONCOMMERCIAL). Any lot, building, structure, enclosure, premises, or a portion thereof located within a residential zoning district, that provides general care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, breeding, day care or accommodation of large animals, such as horses, sheep or hogs.

         ANIMALS, DAYCARES. A commercial establishment that provides non-medical temporary boarding of household pets without overnight accommodations (i.e. pet daycares). Such establishments may include accessory instructional training, recreation, grooming and retail services. Overnight stays may be permitted based on emergency circumstances only, not to exceed 48 hours.

         ANIMALS, GROOMING. A commercial establishment that provides grooming services for household pets. This classification includes cleaning, styling, clipping, and appearance maintenance of pets but not for the preparation of medical procedures.

         ANIMALS, RANCHES. Any lot or portions of a lot used for grazing by animals of equine, bovine, ovine, or caprine family.

         ANIMALS, STABLES. Any lot or portions of a lot with facilities used for commercial riding and/or boarding of horses, mules or ponies.

         ANIMALS, VETERINARY CLINIC/HOSPITAL. This use class consists of facilities that provides medical and/or surgical treatment of household pets, but does not include animal breeding, boarding, or keeping animals overnight except for purposes of medical treatment.

         ANTENNA. Any system of poles, reflecting discs, rods, wires, or similar devices that is external to or attached to the exterior of any structure and that is used for the transmission, reception, or both of electromagnetic waves.

         ANTENNA, AMATEUR RADIO. Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission.

         APARTMENT. Two (2) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a structure containing three (3) or more dwelling units for rent.

         APPEAL. A process for the review of decisions rendered by the Director or the Planning Agency.

         APPLICABLE DEVELOPMENT PROJECT. Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in § 20.08.050.B. of this title.

         ATTACHED BUILDING. A building having at least five (5) lineal feet of wall serving as a common wall with the building to which it is attached, or connected thereto by a continuous roof at least eight (8) feet wide.

         ATTACHED UNIT. A single dwelling unit attached to one (1) or more units by common vertical walls.

         AUDITORIUMS AND MEETING PLACES. Indoor facilities for public or private assembly, including auditoriums, exhibition and convention halls, meeting halls and similar assembly uses.

         AUTOMATED TELLER MACHINES (ATMs). A pedestrian-oriented or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel.

         AUTOMOTIVE, PARKING LOTS/STRUCTURES. Parking lots or parking structures, either publicly or privately owned, used for parking of operative vehicles for customer or public. If such lot or structure is a principal use of the site, it is considered to include any customer or public use off-street parking required by this Title.

         AUTOMOTIVE, PARTS/SUPPLY SALES. Retail stores that sell new motor vehicle parts, tires, and accessories. Does not include any vehicle maintenance or parts installation services or activities.

         AUTOMOTIVE, RECHARGING FACILITIES. A commercial facility offering equipment to recharge electric vehicles (EV).

         AUTOMOTIVE, RENTAL. A commercial facility that provides rental of automobiles, including storage and incidental maintenance of rental vehicles, but excluding maintenance requiring pneumatic lifts.

         AUTOMOTIVE, REPAIR, (MAJOR). Commercial facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services.

         AUTOMOTIVE, REPAIR, (MINOR). Commercial facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, window tinting, and other similar services, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment.

         AUTOMOTIVE, SALES AND LEASING. Facilities that consists of the established place of business operated by a "dealer" for the sale and long-term lease of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the accessory onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code.

         AUTOMOTIVE, SALES AND LEASING (LIMITED). Offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles at either retail or wholesale within an enclosed structure, where any outdoor vehicle storage/display is limited to one (1) vehicle only. This use does not include any vehicle maintenance or repair work. This use class includes "autobroker" or "auto buying service", as defined in § 166 of the Cal. Vehicle Code.

         AUTOMOTIVE, SERVICE STATIONS. Commercial establishments that sells fuel for motor vehicles, commonly referred to as gasoline stations. Also includes establishments selling alternative fuels (e.g. LPG, Hydrogen, etc.), except electronic vehicle charging. May include ancillary convenience retail and other automobile services.

         AUTOMOTIVE, TOWING SERVICE. Commercial establishments providing vehicle towing services. Overnight storage of operational towing vehicles is included, but overnight storage of towed vehicles is not included.

         AUTOMOTIVE, WASHING AND DETAILING. Commercial establishments providing hand-operated, self-service, or mechanical automobile washing services, and may include detailing.

         AVERAGE SLOPE. Average percent slope "S" is computed by the formula: S = (0.00229 I L)/A where S = average percent slope, I = contour interval, in feet*, L = summation of length of contours, in feet, and A = area in acres of parcel being considered. *Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten (10) feet and a horizontal map scale of one (1) inch to two hundred (200) feet or larger.

      2.   "B" words, terms and land uses.

         BALANCE. The cutting and filling of a site which does not require the export or import of earth material.

         BARS AND NIGHTCLUBS. Commercial establishments that primarily serve alcoholic beverages to be consumed on-premises, with or without food service, from which minors are excluded by law, and which requires a "public premises" type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide opportunities for music, dancing and other forms of entertainment, including cabarets. Typical land uses include night clubs, bars with entertainment, and bars. Does not include Adult Entertainment Business.

         BASEMENT. A portion of a structure that is partly or wholly below grade. A basement shall be counted as a story for the purpose of height measurement where more than one-half of its height is above grade.

         BEDROOM. Any separate room normally used for sleeping purposes, whether designated as a bedroom or as a den, study, library, bonus room, media room, or other similar term, specifically excluding dining room, living room, kitchen, hall, and bathroom.

         BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the foundation of the building or buildings.

         BERM or BERMING. A mound of earth or series of connected mounds that are artificially graded and created to form a small topographic feature for purposes of aesthetic enhancement, sound attenuation, landscape interest, or any combination thereof.

         BEST MANAGEMENT PLAN (BMP). Any program, technology, process, siting, criteria, operational methods, measures, or engineered systems, which when implemented prevent, control, remove or reduce pollution to the maximum extent practicable.

         BIOSWALES. Open channels possessing a dense cover of grasses and other herbaceous plants through which runoff is directed during storm events. Above ground plant parts (stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated pollutants to settle. The pollutants are then incorporated into the soil where they may be immobilized and/or decomposed.

         BLOCK (FRONTAGE). The properties abutting on one (1) side of a street and lying between the nearest two (2) intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.

         BOARDING HOUSES. A building, or portion thereof, where lodging is provided for persons, with or without meals for monetary or non-monetary compensation, on a commercial basis, for typical stays of more than seven (7) consecutive nights with no cooking facilities in the guest rooms. This use class does not include short-term residential rental use of a property, as specified in Chapter 20.71.

         BORROW. Earth material acquired from an off-site location for the use in grading on a site.

         BORROW PIT. Any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

         BUFFER. Open spaces, landscaped areas, fences, walls, berms, or a combination of these or similar elements, used to physically and visually separate a more intense use from a less intense use in order to mitigate the negative impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.). An appropriate buffer may vary depending on uses, districts, size, etc.

         BUILDING or PARCEL COVERAGE. See SITE COVERAGE.

         BUILDING FRONTAGE. That side of a structure containing the main entrance for pedestrian entrance and exit. If more than one (1) main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the structure with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.

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

         BUILDING LINE. A line on private property, established by ordinance which regulates the location of buildings and/or structures as they relate to the rights-of-way of alleys, streets, highways, railways and drainage channels.

         BUILDING, MAIN. A building within which is conducted the principal use permitted on the lot, as provided by this title.

         BUILDING SITE. The ground area of a building or buildings, together with all open spaces, as required by this title.

         BUS SHELTERS. Any structure located in the public right-of-way that covers or contains bus benches and is designed primarily for the protection and convenience of bus passengers.

      3.   "C" words, terms and land uses.

         CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Cal. Pub. Res. Code §§ 21000 et seq. requires that state, regional, county, and local agencies to conduct environmental review for any discretionary activity proposed to be carried out or approved by those agencies.

         CARETAKER HOUSING UNIT. A dwelling unit per lot, occupied and used of caretaker/employees for the sole purpose of providing security, maintenance or similar services for an allowable use located on that lot.

         CARPORT. An accessory use consisting of an open-sided, roofed structure, whether attached to or detached from a structure, established for the parking of motor vehicles.

         CATERING SERVICES. An establishment that prepares and delivers food and beverages for off-site consumption. A catering service may contain kitchen facilities and may also provide dining supplies (e.g., beverage dispensers, place settings, and tablecloths).

         CEMETERY. A place where the remains of dead people are buried or otherwise interred.

         CITY. The City of Brea, referred to in this Zoning Code as the "city."

         CITY COUNCIL. The Brea City Council, referred to in this Zoning Code as the "Council."

         CLUBS OR LODGES. Headquarters-type meeting facilities and similar places used by an association of people organized for some common, typically non-profit, purpose to pursue common activities, goals, or interests and usually. characterized by certain membership qualifications, payment of dues, regular meetings, a constitution, and by-laws.

         COMMERCIAL VEHICLE. Any vehicle classified by the State of California as a commercial vehicle in compliance with Cal. Vehicle Code § 260 and vehicles that have a gross vehicle weight of more than twelve thousand (12,000) pounds.

         COMMON PROPERTY. A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit Development.

         COMMUNICATION ANTENNA. Any type of apparatus or device that is designed for the purpose of receiving or transmitting radio waves, microwaves, and television signals.

         COMMUNITY CARE FACILITY, LARGE. A building or portion thereof, designed or used for a residential care facility, both licensed and/or certified by the State and unlicensed, that provides non-medical care, services, counseling or supervision to seven (7) or more children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.

         COMMUNITY CARE FACILITY, SMALL. A building or portion thereof, designed or used for a residential facility, both licensed and/or certified by the State or unlicensed, that provides non-medical care, services, counseling or supervision to six (6) or fewer children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.

         COMMUNITY FACILITY, PUBLIC. Public or quasi-public facilities, including, but not limited to, community meeting and cultural facilities, community centers, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, planetarium, libraries and museums.

         COMPLETELY ENCLOSED STRUCTURE. A building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrances and exit doors.

         COMPUTER INTERNET FACILITY. Commercial establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Also commonly referred to as PC cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses.

         CONDITIONAL USE. A use or occupancy of a structure, or a use of land, allowed within a zoning district subject to conditions and standards for the location or operation of the use as specified in this Zoning Code and authorized by the Council.

         CONDITIONAL USE PERMIT. A permit issued by the applicable review authority allowing a use to be carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).

         CONDITIONAL USE PERMIT, MINOR. A permit issued by the applicable review authority allowing a minor modification of standards or use carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).

         CONDOMINIUMS. As defined by Cal. Civ. Code § 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.

         CONDOMINIUM CONVERSION. The development of land and existing structures as a condominium, regardless of the present or prior use of the land or structures, and regardless of whether substantial improvements have been made to the structures.

         CONTAINER. A bin, used either for nonresidential or private residential purposes, provided by an approved solid waste collector for the accumulation and collection of solid waste, recyclable materials, and green waste from any premises in the city.

         CONTOUR. A line drawn on a plan which connects all points of equal elevation.

         CONTOUR GRADING. Similar to conventional grading except the slopes are curvilinear (in plan) rather than linear, the gradients are unvarying, and the profiles are planer. Transition zones and slope intersections generally have some rounding applied resulting in pad configurations that are mildly curvilinear. (Please see Illustration 1 in the Appendix following this chapter.)

         CONVALESCENT/REST HOMES. This use class consists of facilities providing nursing, dietary and/or other personal services on a twenty-four (24) hour basis for convalescents, invalids and/or aged persons who are unable to care for themselves, requiring regular medical attention (commonly referred to as a "nursing home" or "hospice"). This use does not include providing surgery or primary treatments that are customarily provided in hospitals.

         CONVENIENCE STORES/ MINI-MARKETS. A high-volume retail facility that sells a variety of products for consumption off-premises, including but not limited to food and beverages, household goods, magazines, snacks, and other similar items. May include the incidental sale of food items on site. These stores may be part of a service station or an independent facility.

         CONVENTIONAL GRADING. Grading characterized by essentially linear (in plan), planar slopes surfaces with unvarying gradients and angular-slope intersections resulting in pad configurations that are rectangular and uncommonly found in natural slopes. (Please see Illustration 2 in the Appendix following this chapter.)

         CORNER CUT-OFF. The provision for maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

         COVERAGE. See BUILDING or PARCEL COVERAGE.

         COURT. An open unoccupied space, other than a yard on the same lot with a building or buildings and bounded on three (3) or more sides by such building and/or buildings.

         CRIB WALL. Soil retention wall system composed of concrete material in a cross-hatch pattern with rectangular openings for plants to grow.

         CUSTOM LOT. A lot that contains at least ten thousand (10,000) square feet of pad and on which a custom-designed structure will be built.

         CUT. A portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.

         CUT AND FILL. The excavating of earth material in one (1) place and depositing of it as fill in an adjacent place.

      4.   "D" words, terms, and land uses.

         DANCING AND LIVE ENTERTAINMENT. A commercial facility where patrons come to dance to live or recorded music or simply enjoy entertainment performed by live entertainers.

         DAY CARE CENTERS. Commercial facilities that provide care and supervision of children less than eighteen (18) years of age for periods of less than twenty-four (24) hours and as defined in § 1596.76 of the Cal. Health and Safety Code and as they may be amended. Such facilities are licensed by the California State Department of Social Services. This use does not include small and large family daycare homes as defined by § 1596.78 of the Cal. Health and Safety Code. This use also includes an establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away.

         DAYLIGHT LINE. The line between finished grade and natural terrain drawn by connecting points where proposed contours meet existing contours.

         DEDICATION. The turning over by an owner or developer of private land for public use, and the acceptance of land for the stated use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by the city.

         DEFENSIBLE SPACE. The area between a structure and a potential oncoming wildfire where the vegetation has been modified to reduce the wildfire threat and which provides an opportunity to effectively defend the structure. This is also known as SURVIVABLE SPACE.

         DENSITY. The total number of permanent residential dwelling units for each acre of land, exclusive of all existing public streets and rights-of-way.

         DENSITY BONUSES. As defined by Cal. Gov't Code §§ 65915 et seq., an increased residential density over the maximum authorized density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of affordable housing units.

         DEPARTMENT. The City of Brea Department of Community Development, referred to in this Zoning Code as the "Department."

         DESIGNATED HISTORIC RESOURCES. Resources within the city limits that have special historic, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, region, state, or nation and that have been nominated and designated pursuant to Chapter 20.60 of this title, or listed in the California State Historic Landmarks, or in the National Register of Historic Places.

          DETACHED UNIT. A dwelling that is not connected or any way attached to any other dwelling unit.

         DETENTION BASINS. A basin for the temporary storage of stormwater in a best management practice, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.

         DEVELOPER. A person, firm, corporation, partnership, or association who proposed to develop or subdivide real property for oneself or others.

         DEVELOPMENT AGREEMENTS. An agreement duly entered into in compliance with state law (Cal. Gov't Code §§ 65864 et seq.). See Chapter 20.66 (Development Agreements).

         DEVELOPMENT PROJECT. A project in which one or more lots or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures including, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses.

         DIRECTOR. The Community Development Director. Where this staff title is no longer used by the city, the staff position most closely associated with this position, as determined by the City Manager, shall be the designated authority.

         DOMESTICATED ANIMAL. Any animal customarily kept by humans as household pets (e.g., dogs, cats, birds, rabbits, hamsters, mice, turtles, etc.). Does not include farm animal or wild animal.

         DRIP LINE. Area around the tree trunk that generally includes the spread of the tree branches. It also may refer to that area around a structure that is beneath the roof overhang.

         DRIVE-THROUGH FACILITY. A facility that are designed or operated to serve a patron who is seated in an automobile or similar vehicle. This use class is intended to be applied in conjunction with another use class that defines the service or goods being provided.

         DRIVEWAY. A private roadway or access way providing direct vehicular access to an approved garage, parking lot, or parking space. A driveway shall not count as open space.

         DROUGHT-TOLERANT PLANT MATERIALS. Those plants that tolerate heavy clay to sandy soil with the use of limited supplemental water. These plants are able to thrive with deep, infrequent watering once their root systems are established (three (3) to twelve (12) month average time period). These plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in the city.

         DWELLING. A building or portion thereof designed and used exclusively for residential occupancy including one (1) family, two (2) family, and multiple dwellings, but not including hotels, boarding and rooming houses.

         DWELLING, MULTI-FAMILY. A structure, or portion of a structure, providing occupancy for two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities, including, but not limited to, apartments and condominiums. May include other accessory facilities within the development, such as a leasing office, recreation amenities, etc.

         DWELLING, SINGLE-FAMILY, ATTACHED. A group of attached single-family dwelling units in a row of at least two (2) units, in which each unit has its own front and rear access to the outside, no unit is located on top of another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. Also commonly referred to as townhouses, row houses. The shared wall or walls extend from the foundation to the roof with adjoining dwelling units to form a property. Each dwelling unit typically has individual utility systems (e.g. plumbing, heating/cooling, etc.).

         DWELLING, SINGLE-FAMILY DETACHED. A stand-alone structure containing no more than one (1) dwelling unit, with open space on all four sides . A single-family dwelling unit contains only one (1) kitchen.

         DWELLING UNIT. A mobile home or structure or portion thereof, including a manufactured home or portion thereof, which contains eating and sleeping areas, sanitation as required by the Municipal Code, and one (1) kitchen area, and which is designed or used for the shelter or housing of one (1) or more persons.

      5.   "E" words, terms and land uses.

         EARTHWORK. Excavation and embankment of earth.

         EDGE. The perimeter areas of a development plan.

         EDUCATIONAL INSTITUTIONS, GENERAL. Public and private educational facilities for primary, secondary, or adult education, including kindergarten, elementary, junior high/middle, high schools, and colleges/universities, operated by a private entity, but excluding those classified as Educational Institutions, Trade.

         EFFECTIVE BULK. The effective visual bulk of a structure when seen from a distance or from above or below.

         EDUCATIONAL INSTITUTION, TRADE. Business, secretarial, and vocational schools operated by a private entity, offering specialized courses to adult students in trade, business, technical, and other similar subjects. Includes specialized non-degree granting schools.

         EDUCATIONAL INSTITUTION, TUTORING. This use class consists of primary or secondary education tutoring facilities with maximum teacher to student ratio of 10:1 at any given time to receive supplemental instruction of academic courses. No classrooms or large group sessions are included as part of these facilities.

         ELECTRONIC, RADIO, STEREO, TELEVISION, AND/OR VIDEO EQUIPMENT SALES. See RETAIL STORE, GENERAL MERCHANDISE.

         ELEVATION. Vertical distance in feet above sea level.

         EMERGENCY SHELTER. A facility that provides immediate and short-term housing and may offer supplemental services to homeless persons or families on a first-come first-serve basis where people must vacate the facility each morning and have no guaranteed bed for the next night. Supplemental services may include counseling, food, and access to social programs.

         EMPLOYEE. Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency, or other entity.

         EMPLOYEE HOUSING. A housing accommodation that meets the definition of a "employee housing" in the Cal. Health and Safety Code § 17008 and as they may be amended, that provides housing accommodation to six (6) or fewer persons.

         EMPLOYER. Any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity, and may either be a property owner or tenant of an applicable development project.

         EMPLOYMENT GENERATION FACTORS. Refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed new development project.

         ENTERTAINMENT VENUE. Indoor facilities that provide group entertainment as a primary business, other than sporting events, including movie and live-performance theaters, comedy clubs, concert halls, studios with live audiences not classified as adult entertainment business and other similar uses.

         EROSION. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation.

         EXCAVATION. The removal of earth material, including soil and rocks.

         EXPORT. Excess earth material that is removed from a grading project and deposited off-site.

      6.   "F" words, terms and land uses.

         FACE OF CURB. The location at which the pavement section of a street ends and curb begins.

         FACILITY(IES). The total of all buildings, structures, and grounds that encompass a worksite, at either single or multiple locations, that comprises or is associated with an applicable development project.

         FAMILY. One (1) or more persons living together as a single housekeeping unit in a dwelling unit, or any residential care facility or group home, shall be permitted as allowed under state and federal law. See SINGLE HOUSEKEEPING UNIT.

         FRATERNITY/SORORITY HOUSE. A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members and their guests or visitors and affiliated with a college or university.

         FENCES. A solid or open barrier other than a wall above ground intended to enclose or mark a boundary, usually made of posts and wire or wood.

         FILL. The depositing of soil, rock or other materials by other than natural means.

         FINANCIAL INSTITUTIONS. Commercial establishments that provide retail financial services to individuals and businesses, including, but not limited to, banks, savings and loan, credit unions, and other similar uses.

         FINISH GRADE. The final elevation of the ground surface after development, which is in conformance with the approved plans.

         FLOOR AREA, GROSS. See GROSS FLOOR AREA.

         FLOOR AREA RATIO (FAR). The total gross area of all structures on a parcel divided by the parcel area (FAR). For the purpose of calculating floor area, floor area shall:

            (1)   Not include carports, elevator shafts, exterior courts, and garages; and

            (2)   Be calculated based on the exterior faces of walls.

         FUEL MODIFICATION ZONE (FMZ). A fuel modification zone is a wide strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with drought-tolerant, fire-resistive plants to provide an acceptable level of risk from wildland fires.

      7.   "G" words, terms and land uses.

         GARAGE. Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.

         GARAGE, PRIVATE. Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.

         GARAGES, PUBLIC. A structure other than a private garage where vehicles are parked or stored for hire or remuneration.

         GARDEN CENTERS AND NURSERY. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses other similar items. A use that is conducted entirely within an enclosed building is considered as RETAIL SALES, GENERAL.

         GENERAL PLAN. The General Plan of the City of Brea adopted in compliance with Cal. Gov't Code §§ 65301 et seq. and adopted by the Council.

         GEOGRIDS. Net-shaped, synthetic, polymer-coated fibers that are used to reinforce earth-fill slope, wall, and base layer construction. Incorporated in the base layers of paved or finished surfaces, or in surface layers of walls and slopes, they provide a stabilizing force within the soil structure itself.

         GOLF COURSE. A site that consists of golf courses and related uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users and guests. A stand-alone miniature golf and golf ranges are not included.

         GOVERNMENT FACILITY. Facilities owned or operated by a governmental entity (e.g., city, county, state, or federal government), including, but not limited to, administrative, clerical, direct service-related, or public contact offices, together with storage and maintenance of government vehicles. This classification includes post offices.

         GOVERNOR'S APPEAL BOARD. A board formed to review the appeal by an applicant, of an off- site hazardous waste facility land use decision disapproved by the city or one (1) or more conditions of approval placed on an approved off-site hazardous waste facility, or an appeal by an interested person, based solely on the ground that the conditions imposed do not adequately protect the public health, safety, or welfare.

         GRADE. The average level of the finished ground surfaces surrounding a structure.

         GRADING. To bring an existing surface to a designed form by excavating, filling, or landforming operations.

         GROSS ACREAGE. See ACREAGE, GROSS.

         GROSS FLOOR AREA. The area included within the surrounding exterior finish wall surface of a structure or portion thereof, exclusive of courtyards.

         GUEST HOUSE. This term shall mean ACCESSORY LIVING QUARTERS. Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

         GUEST ROOM. A single room with or without bath and without kitchen or cooking facilities, of permanent type construction, and attached to the main dwelling or an accessory building, which room is intended and used primarily for temporary guests of the occupants of the main building on the building site on which such guest room is located, and not rented or otherwise used as a separate dwelling.

      8.   "H" words, terms and land uses.

         HARDSCAPE. Decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Zoning Code. HARDSCAPE elements include, but are not necessarily limited to, natural features (e.g., rock and stone) and structural features (e.g., art works, benches, fences, fountains, reflecting pools, screens, swimming pools, and walls) and crushed granite.

         HAZARDOUS WASTE. A waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or inflammability, or physical, chemical, or infectious characteristics may:

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

            (2)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

         HAZARDOUS WASTE FACILITY, OFF-SITE. Any structures, other appurtenances and improvements on the land that is being used for treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste that is or operated under a permit, or under an interim status pursuant to the Cal. Health & Safety Code. Such facility may include, but not limited to, the following:

            (1)   Incineration facility (i.e., rotary kiln, fluid bed, etc.);

            (2)   Residual repository (receives only residuals from hazardous waste treatment facilities);

            (3)   Stabilization/solidification facilities;

            (4)    Chemical oxidation facilities;

            (5)   Neutralization/precipitation facilities; or

            (6)   Transfer/storage facilities.

         HEALTH/FITNESS CENTERS. Fitness facilities, gymnasiums, health and athletic clubs, which may include accessory sauna, swimming pool, spa, or hot tub facilities; handball, indoor tennis, racquetball, and other indoor sports activities.

         HEALTH AND SAFETY ASSESSMENT. A technical and environmental evaluation of a proposed hazardous waste facility, site, and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes, and potential water or air pollution. It is not intended that the Health and Safety Assessment duplicate information developed for an environmental impact report or risk assessments required under local, state, and federal regulations.

         HELIPAD AND HELIPORT. This use class consists of facilities for a landing and takeoff place for helicopters used for private, commercial or medical purposes. Maintenance, servicing, refueling, parking or storage of helicopters is permitted only at heliports.

         HILLSIDE AREA. Any property containing slope areas of ten percent (10%) or greater.

         HISTORIC RESOURCE. Any improvement listed in the Brea Historic Resources Register, as established in § 20.60.040.

         HOME OCCUPATIONS. A clearly accessory commercial activity or business service conducted in a residential dwelling unit, only by residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.

         HORIZONTAL AND VERTICAL BUILDING ENVELOPES. The maximum width and height of a structure based on minimum setback requirements and maximum building height limitations for the zone within which the project is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for subdivision review.

         HOTELS. A building, or group of buildings, with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging. Such rooms or suites are not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s). Guest units are typically reached from a common entrance, but may also be reached directly from the outside of the building. This use includes incidental services that are customarily provided by a hotel, for the convenience of hotel guests (e.g., food service, recreational facilities, and retail services), public banquet, meeting, and reception rooms, and accessory guest facilities (e.g., elevators, indoor athletic facilities, swimming pools, and tennis courts).

         HOUSEHOLD. One (1) or more persons occupying a dwelling.

         HOUSEHOLD PET. Any domesticated animal normally kept as a pet.

         HYDROZONES. Areas in an irrigation system that necessitate specific watering requirements due to plant material type.

      9.   "I" words, terms and land uses.

         IMMOBILE POPULATIONS. Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, or other similar facilities.

         IMPACT AREA. Area(s) where natural ground surface is impacted or disturbed by grading activities.

         IMPERVIOUS. Land surfaces which do not allow, or minimally allow, the penetration of water.

         IMPROVEMENT. Any construction, building, landscaping, or paving activity which materially adds to the value of a facility, substantially extends its useful life, or adapts it to new uses. Repairs performed for the purpose of maintaining a facility in good operating condition but which do not materially add to the value of a facility or substantially extend its useful life are not considered improvements.

         INDUSTRIAL, LIMITED. Facilities that consists of manufacturing, assembling, treating, packaging and wholesaling of goods that are parts from previously prepared materials or finished products. All operations shall be conducted entirely within an enclosed building. This use Includes incidental warehousing of such products but excludes warehousing/storage as a primary use, basic industrial processing and custom manufacturing.

         INDUSTRIAL, MAJOR. This use class consists of moderate to heavy manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods predominantly from raw materials. All operations shall be conducted entirely within an enclosed building. This classification includes uses that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. This use classification includes product distribution centers that are larger than 200,000 square feet.

         INDUSTRIAL, MINOR. Facilities that consists of the manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods from fabricated items or raw materials which are lower in intensity, clean and are generally more compatible when located adjacent to commercial areas. All operations are conducted entirely within an enclosed building. This classification does not include, uses that generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. Typical uses include the manufacture of clothing, furniture, electronic equipment, novelty items, and toys; cleaning plants; machine shops; powder coating; food processing; and product distribution centers that are 200,000 square feet or smaller.

         INDUSTRIAL, OUTDOOR OPERATION. Industrial facilities where their operations are predominantly conducted outdoors. This use does not include accessory outdoor storage incidental to a principal industrial use within an enclosed building.

         INDUSTRIAL, OUTDOOR STORAGE YARDS. Facilities that consists of outdoor storage of trucks, equipment, and construction or maintenance materials as principal use. This use class also consists of facilities for outdoor storage of oversized and recreational vehicles. Minor and incidental repairs of the stored items, loading facilities and management offices are also included, but retail sale of the items is excluded. Typical uses include contractors' storage yards and vehicle storage yards. This use does not include accessory outdoor storage incidental to a primary enclosed industrial use.

         INSTITUTIONAL USES. An organizational use of a public character including charitable, cultural, educational, government, medical, non-profit, religious, scientific research, social, and sometimes recreational or entertainment uses.

         INTERESTED PERSONS. A person who participates in one (1) or more public meetings or hearings held to consider an application for a conditional use permit or any land use decision for a project. Participation includes, but is not limited to, attendance, submission of questions, or giving oral and written testimony at a meeting or hearing.

         INTERMEDIATE SLOPES. Two to one (2:1) slopes less than ten (10) vertical feet in height used chiefly for utilitarian purposes and are not readily visible such as side slopes and buried water tanks.

         INVASIVE SPECIES. Non-native species whose introduction does or is likely to cause economic or environmental harm or harm to human health and which tend to disrupt natural ecosystems by displacing native species.

      10.   "J" words, terms and land uses.

         JURISDICTIONAL WETLANDS. Wetlands that fall under the authority of the U.S. Army Corps of Engineers under § 404 of the U.S. Water Act.

      11.   "K" words, terms and land uses.

         KITCHEN. Any room, all or part of which is designed and/or used for cooking, refrigeration, storage, and the preparation of food and which contains any combination of facilities of sufficient size for the preparation of meals:

            (1)   A cooking appliance;

            (2)   A refrigeration facility; and

            (3)   One (1) or more sinks.

         KNOLL. A small natural round hill or mound.

      12.   "L" words, terms and land uses.

         LAND USE DECISION. A discretionary decision by the city concerning a project, including, but not limited to, the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines.

         LANDFORM GRADING. Characterized by a variety of shapes including convex and concave forms that mimic stable natural slopes. They are non-linear in plan view, have varying slope gradients, and significant transition zones between human-made and natural slopes resulting in pad configurations that are irregular. (Please see Illustration 3 in the Appendix following this chapter.)

         LANDFORM PLANTING. A landscaping concept which replicates natural landscape patterns found in hillside conditions including irregular visual planes when viewed in cross section, propensity for plant groupings in valleys as opposed to ridges, etc.

         LANDSCAPE AREA. Part of the property exclusively set aside for living plant materials and associated non-living ornamental materials such as mulch, fencing, walls or decorative rock.

         LANDSCAPING. Areas devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., hardscape) (e.g., fountains, paved or decorated surfaces, and pools), all of which are suitably designed, selected, installed, and maintained to enhance a site.

         LANDSCAPING SCREEN. The planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six (6) feet in height, composed of materials selected from the city's list of acceptable screen landscaping plant materials. Minimum size of materials planted shall be as specified on the city list. An adequate irrigation system is required.

         LEVEL OF SERVICE (LOS). A measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst).

         LIQUOR STORES. A retail store that is primarily devoted to the selling of alcoholic beverages for consumption off the premises.

         LIVE/WORK UNIT. A dwelling unit that is integrated with working space occupied and utilized by a single housekeeping unit in a structure that has been modified and/or designed to accommodate joint residential occupancy and work activity. Such unit includes complete kitchen and sanitary facilities in compliance with applicable building standards and working space reserved for and regularly used by one or more occupants of the unit. In a Live/Work Unit, areas devoted to residential living does not exceed 50 percent of the total floor area of the unit.

         LOADED STREET. A street from which a private driveway or driveways takes direct access.

         LOADING SPACE. An off-street space or berth that is on the same parcel as the structure(s) it services; abuts a street, alley, or other appropriate means of access; and is used for the temporary parking of a commercial vehicle that is being loaded or unloaded with merchandise, materials, or people.

         LOCAL ASSESSMENT COMMITTEE (LAC). A state-required committee of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties, and mission of the Committee are defined by the California Health and Safety Code.

         LOFFELSTEIN WALLS. Retaining wall system based on pre-cast concrete units that stack and interlock by friction to create a gravity style retaining wall.

         LOT. A parcel of land, as shown on a subdivision map or Assessor's Parcel Map, occupied or intended for occupancy by one (1) main building, together with any accessory buildings including the open spaces required of the hillside regulations and having adequate frontage on a public or private street.

         LOT, CORNER. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135°).

         LOT, DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

         LOT, DOUBLE FRONTAGE. A lot having frontage on two (2) streets.

         LOT, FRONTAGE. That dimension of a lot or portion of a lot abutting on a street except the side dimension of a corner lot.

         LOT, INTERIOR. A lot other than a corner or reversed corner lot.

         LOT, KEY. The first lot to the rear of a reversed corner lot whether or not separated by an alley.

         LOT, REVERSED CORNER. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear; whether across an alley or not.

         LOT, THROUGH. A lot having a frontage on two (2) parallel or approximately parallel dedicated streets, not including a corner or reversed corner lot.

         LOT, WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

         LOT AREA. The computed area contained within the lot lines. If there is a recorded subdivision or parcel map, LOT LINES as defined herein shall be located as shown thereon.

         LOT LINE or PROPERTY LINE. Any recorded boundary of a parcel. Types of lot lines are as follows.

            (1)   FRONT LOT LINE. The line separating the narrowest street frontage of the parcel from the street right-of-way, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On through lots or corner lots, the Director shall determine which property line is the front lot line.

            (2)   INTERIOR OR SIDE LOT LINE. Any lot line other than the front or rear lot lines.

            (3)   REAR LOT LINE. The lot line opposite and most distant from the front lot line; or in the case of an irregularly shaped parcel, a straight line not less than ten (10) feet long entirely within the parcel and most nearly parallel to, and at the maximum distance from, the front lot line.

         LOW WATER FLOW IRRIGATION. A system of watering plant material using drip/trickle, reduced water emitting devices, low precipitation heads, soaker lines, or other similar mechanisms that restricts the amount of water in gallons per minute to allow for deep percolation into the soil. The low water flow irrigation system, combined with watering practices outlined in this Zoning Code, will reduce water loss through evaporation, wind drift, and overwatering.

      13.   "M" words, terms and land uses.

         MAJOR ALTERATION TO HISTORIC STRUCTURE(S). Any change or modification to the character-defining, significant physical feature, or visual quality of historic properties as established in § 20.60.040 of this title, such as changes to the exterior of historic structure(s) or changes to architectural details or visual characteristics of the historic structure(s), the cost of which is more than twenty-five percent (25%) of the building valuation prior to alteration as determined by the City Building and Safety Manager.

         MANUFACTURED SLOPE. Human-made slope created by grading that consists wholly of cut or filled material.

         MARKETS, LARGE. This use consists of retail establishments that satisfy all of the following criteria: (1) are commonly known as supermarkets and grocery stores; (2) sell general food items such as fresh produce, perishable goods, meats, seafood, packaged food products and beverages, and general household goods, primarily for off-site preparation and consumption; and (3) are larger than ten thousand (10,000) square feet in size. This use class also includes large drug stores that combine services such as a pharmacy along with the retail sale of a variety of items such as packaged food, drinks, refrigerated food and beverages and other similar retail goods. This use class may include accessory banking, bakery, sales of prepared food and beverages for on-site consumption, and pharmacies.

         MASS GRADING. The movement of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain is common and often results in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.

         MASSAGE. Any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.

         MASSAGE ESTABLISHMENT. A place of business as defined in § 5.220.010 of the City's Municipal Code. This use classification excludes professions listed in § 5.220.030 of the City's Municipal Code.

         MASSAGE THERAPY. Therapeutic (non-sexual) rubbing or kneading of parts of non-specified anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional.

         MEDICAL SERVICES, CLINICS/OFFICES. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services by licensed medical practitioners. These include: medical, dental, optical, acupuncture, urgent cares and out-patient care facilities. Counseling services by other than medical doctors or psychiatrists are included under OFFICES, ADMINISTRATIVE AND PROFESSIONAL.

         MEDICAL SERVICES, EQUIPMENTS/LABORATORIES. Facilities primarily engaged in furnishing medical and dental laboratory services.

         MEDICAL SERVICES, HOSPITALS. An institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

         MINIMAL GRADING. Grading that is limited to the individual flat pad areas for residential building sites, with minimal cut and fill. Grading shall be limited to only the required building area and adjoining infrastructure.

         MINOR ALTERATION TO HISTORIC STRUCTURE(S). Any change or modification to the character-defining, significant physical feature, or visual quality of historic properties as established in § 20.60.040 of this title, such as changes to the exterior of the historic structure(s) or changes to architectural details or visual characteristics of the historic structure(s), the cost of which does not exceed twenty-five percent (25%) of building valuation prior to alteration as determined by the City Building and Safety Manager.

         MIXED-USE DEVELOPMENTS. A project that combines both commercial (e.g., retail, office, etc.) and residential uses, where the residential component is generally located either above or behind the commercial portion of the development.

         MOBILE HOME. A structure transportable in one (1) or more sections, designed and equipped to contain not more than two (2) dwelling units to be used with or without a foundation system. MOBILE HOME does not include a recreational vehicle, commercial coach, or factory-built housing.

         MOBILE HOME PARKS. A site that is planned and improved to accommodate two (2) or more mobile homes or manufactured homes used for residential purposes, or a site that is planned and improved to accommodate two (2) or more spaces/lots for mobile homes or manufactured homes, in which each space/lot accommodates a mobile home or manufactured home for residential purposes.

         MORATORIUM. A temporary halting or severe restriction on specified development activities.

         MORTUARY. A commercial establishment that provide services involving the care and preparation of deceased human bodies, other than in a cemetery. This classification does not include the on-site interment of the dead or their remains.

         MOTELS. A building, or group of buildings, with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging. Such rooms or suites are not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s). Guest units are reached directly from the outside of the building. This use may also include accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).

         MOTOR VEHICLES. A vehicle bearing a current license plate used primarily for transporting people on streets and highways. Does not include recreational vehicles or other equipment or vehicles used primarily for purposes other than transporting people on streets and highways.

         MULCH. Shredded or chipped wood from tree branches, tree trunks, uncontaminated wood products, or lumber. This material is often mixed with leaves and grass clippings for optimal effect.

         MULTI-TENANT. More than one (1) tenant occupying a site or structure where each tenant is operating under a separate lease agreement with the property owner.

         MUNICIPAL CODE. The City of Brea Municipal Code and all amendments.

      14.   "N" words, terms and land uses.

         NATIVE PLANTS. Plant species occurring naturally and native to a given ecosystem or plant community.

         NATURAL SLOPE. A slope that is not man-made. A NATURAL SLOPE may retain the natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. A NATURAL SLOPE is a slope that has not been graded nor the surface manufactured in any manner other than by natural forces.

         NATURAL VEGETATION. Plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.

         NET ACREAGE. See ACREAGE, NET.

         NONCONFORMING BUILDING. A building or structure or portion thereof which was designed, and erected or structurally altered prior to the effective date of these regulations or any subsequent amendments thereto, for a use which does not conform to the use regulations of the district in which it is located but which was a legally permitted use at the time of initial construction.

         NONCONFORMING LOT. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

         NONCONFORMING PARCEL. Any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the parcel was subdivided, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which the property is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).

         NONCONFORMING STRUCTURE. Any structure or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time it was erected, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which it is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).

         NONCONFORMING USE. A use or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time it was undertaken, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which the use is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).

         NOXIOUS WEEDS. Plant species designated as such by the Secretary of Agriculture, Secretary of the Interior, or by state law or regulation. Generally, NOXIOUS WEEDS will possess one (1) or more of the characteristics of being aggressive and difficult to manage, parasitic, a carrier or host of serious insects or disease. Other characteristics of NOXIOUS WEEDS are plants that are non-native, or new, to or not common to the United States or parts thereof. NOXIOUS WEED species have extensive and costly impacts on human health, safety, commerce, recreation, and general well-being. NOXIOUS WEEDS can adversely affect food production, wilderness values, wildlife habitat, visual quality, forage production, reforestation, recreational opportunities, natural wildfire regimes, and land values.

      15.   "O" words, terms and land uses.

         OCCUPANCY, CHANGE OF. A discontinuance of an existing use and the substitution therefor of a use of a different kind or class.

         OFFICES, PROFESSIONAL. Offices of businesses providing professional services that require periodic contacts with clients and may experience some walk-ins from the general public. Typical uses include, but not limited to, insurance agencies, real estate offices, law offices, architectural firms, consulting firms. This use class also includes offices that do not generally cater to the general public, such as corporate headquarters.

         OIL AND HYDROCARBON OPERATIONS. An operation that consists of drilling for, removal of, and storage of, oil and hydrocarbons.

         OPEN SPACE. The area of a lot which is not occupied by building coverage, parking lot or driveway.

         OPEN SPACE, COMMON. An outdoor area (does not include driveways/storage areas/walkways) within a development project that is not individually owned or dedicated for public use, but is designed and intended for the common use or enjoyment of all residents/tenants of the development project.

         OPEN SPACE, IMPROVED. Open space that is developed for active recreational use with improvements such as, but not limited to, sports fields or turf area, sports courts, concrete or other decking area, playgrounds, and enclosed recreation buildings, all either for general public use or as common open space for a development project.

         OPEN SPACE, PRIVATE. An outdoor area (does not include driveways/storage areas/walkways) within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site.

         OUTDOOR LIVING SPACE. An area on the lot that is kept free and clear of all buildings and is intended for outdoor activities.

         OVERLAY ZONING DISTRICT, OR OVERLAY ZONE. A supplementary zoning designation that is applied to property in addition to a primary or base zoning district to highlight special regulations applicable to properties within the overlay district.

         OWNER/DEVELOPER/BUILDER. An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.

      16.   "P" words, terms and land uses.

         PAD. The flat buildable area of a lot that does not exceed two percent (2%) crossfall in any direction and does not include any slopes on which a building will be sited.

         PAD EDGE. That component of a graded pad area defined by either the toe or top of a slope, whether artificially created or existing as a natural slope.

         PARCEL.

            (1)   A recorded lot or parcel of land under single ownership, that:

               (a)   Abuts at least one public street (with a minimum of twenty (20) feet of frontage) or any numbered or otherwise designated parcel of land; and

               (b)   Was lawfully created as required by the Subdivision Map Act and city ordinances, including this Zoning Code, and is shown on:

                  (i)   A recorded tract map;

                  (ii)   A record of survey map recorded in compliance with an approved division of land; or

                  (iii)   A parcel map.

            (2)   Types of parcels include the following.

               (a)   CORNER PARCEL. A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees, the parcel is considered an interior parcel.

               (b)   CUL-DE-SAC PARCEL. A parcel located at any position on the circular portion of a cul-de-sac street, which is a street with a single common ingress and egress and with a vehicular turnaround.

               (c)   FLAG PARCEL. A parcel having access from the building site to a public street by means of a narrow private right-of-way strip that is owned in fee.

               (d)   INTERIOR PARCEL. A parcel other than a corner parcel or a reverse corner parcel. Also a parcel abutting only one street.

               (e)   KEY PARCEL. An interior parcel, the front of which adjoins the side property line of a corner parcel.

               (f)   REVERSE CORNER PARCEL. A corner parcel in which the rear lot line abuts the side lot line of the nearest parcel to its rear.

               (g)   THROUGH PARCEL. A parcel that fronts upon two (2) streets that do not intersect at the boundaries of the parcel.

         PARCEL, SUBSTANDARD. Any parcel that does not meet the minimum dimensions required by the Municipal Code.

         PARCEL AREA. See ACREAGE, GROSS and ACREAGE, NET.

         PARCEL COVERAGE. See SITE COVERAGE.

         PARCEL DEPTH. The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.

         PARCEL FRONTAGE. The length of the defined front lot line measured at the street right-of-way line.

         PARCEL MAP. The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four or fewer parcels. See also Chapters 18.04 et seq. (Subdivisions) of the Municipal Code.

         PARCEL WIDTH. The average linear distance between the side lot lines measured at right angles to the line measuring parcel depth. The width should be measured at a point midway between the front and rear lot lines.

         PARKING SPACE. A permanent area for the parking of one (1) motor vehicle designed to meet the minimum dimensions and access requirements established by the city.

         PARKING SPACE, COVERED. A parking space located within a carport, parking structure, or similar structure that provides protection from the elements in the form of a roof but that does not provide full enclosure or a closing and locking door.

         PARKING SPACE, GARAGE. A parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of motor vehicles.

         PARKING SPACE, OFF-STREET. A permanent parking space designed to city standards and not located on a dedicated street right-of-way.

         PARKING SPACE, ON-STREET. A parking space designed to city standards and located on a dedicated street right-of-way.

         PARKING SPACE, OPEN. A parking space, designed to city standards and located in a designated area , that does not provide any protection from the elements in the form of a carport, parking structure, garage, or other structure.

         PARKS, PUBLIC. Parks owned and operated by a government agency, which may include facilities such as play lots, playgrounds, and non-professional/non-commercial athletic fields, including park and playground equipment, accessory structures, and facilities.

         PARTY. Twelve (12) or more persons meeting together for social, recreational or amusement purposes.

         PEAK PERIOD. Those hours of the business day between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday, which is the priority period for reducing work-related vehicle trips.

         PERMIT. A ministerial or discretionary permit, license, certificate, or other use entitlement of the city or other permits required by enforcement agencies that may be affected by a particular project, i.e., South Coast Air Quality Management District, Regional Water Quality Control Board, the State of California Office of Permit Assistance.

         PERMITTED USE. Any use of land identified by Division 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being allowed in a particular zoning district and subject to the restrictions applicable to that zoning district.

         PERSONAL SERVICES, GENERAL. Commercial establishments providing non-medical services as a primary use and may include incidental sales of products of personal nature. Typical uses include, but not limited to, beauty salons, barber shops, nail salons, dry cleaners, laundromats, tailor shops, spas, permanent makeup, tanning salons, photocopying, and other similar uses.

         PERSONAL SERVICES, LIMITED. Establishments providing non-medical services of a very limited and restricted nature as a primary use. Typical uses include, but are not limited to, body piercing/tattoo parlors, check cashing, and fortune telling.

         PHARMACIES AND DRUG STORES. A retail store where the primary business is the filling of medical prescriptions by a licensed pharmacist. Also includes the sale of over-the-counter medicines, medical devices, and supplies (e.g., candy, cards, cosmetics, and other miscellaneous products).

         PLAN REVIEW. The procedure by which responsible city departments review development proposals for conformity with applicable provisions of the city code, and all requirements of law.

         PLANNED RESIDENTIAL UNIT DEVELOPMENTS. A residential development with two (2) or more dwelling units, together with related land and structures, planned and developed as a whole single development operation or a programmed series of operations in compliance with detailed, comprehensive plans encompassing a circulation pattern and parking facilities, open space, recreational areas, utilities, and building sites, together with a program for provisions, operation, and maintenance of all areas, facilities, improvements, and services provided for common use of the residents within the development.

         PLANNING COMMISSION. The Brea Planning Commission, referred to in this Zoning Code as the "Commission."

         PLANT PALETTE. A list of plants or vegetation that is recommended to be planted in the Hillside Residential Zone.

         PLAYLAND. A designated area associated with and incidental to a fast-food, drive-through, or sit-down restaurant that contains climbing bars, slides, swings, or other similar structures for the primary purpose of providing entertainment to children under the care of on-premise customers.

         PORTE COCHERE. An accessory structure open on three (3) sides and attached to the side or front of a dwelling through which cars pass and is established for the convenient loading and unloading of passengers from an automobile.

         POTENTIAL HISTORIC RESOURCE. An improvement, building, structure, feature, site, or other object of aesthetic, educational, cultural, architectural, or historic significance to Brea residents, the Southern California Region, the state, or nation which may have the potential for designation in the Brea Historic Resources Register, a State Historic Landmark, and/or National Register of Historic Places.

         PRESERVATION. The identification, study, protection, restoration, rehabilitation, or if practicable, acquisition of historic resources.

         PRINCIPAL BUILDING/ STRUCTURE. The primary or predominant structure on a parcel.

         PRINCIPAL USE. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. A site may have more than one primary use.

         PRIVACY WALL. Any wall other than a retaining wall that serves to separate private property from public or common areas.

         PRIVATE GARAGE/YARD SALES. The offering for sale, or the actual sale of goods, merchandise, or wares from residential property where the public is invited on to the property to purchase the items. A garage sale may also include "estate," "moving," "rummage," "yard," or similarly described sales.

         PROJECT. An activity involving the issuance to a person of a certificate, license, permit, or other entitlement.

         PROMINENT RIDGE. A ridge location which is visible from a major arterial, secondary or collector street, which is seen as a distinct edge against a backdrop of land. Said ridge locations are designated on the City Map of Prominent Ridges, contained in Exhibit "A" of Ordinance 948.

         PROPERTY OWNER. The legal owner of the applicable development project who serves as the lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of § 20.08.050 of this title either directly or by delegating such responsibility as appropriate to an employer or tenant.

         PUDDLING. The formation of small pools of water or any other liquid due to depressions on the surface that have no outlet.

      17.   "Q" words, terms and land uses.

         QUASI-PUBLIC. See SEMI-PUBLIC.

      18.   "R" words, terms and land uses.

         RE-CREATED RIDGELINE. In cases when a ridgeline, due to past activities, has been eliminated, a RE-CREATED RIDGELINE is the replacement of the eliminated ridgeline through landform grading and berming practices.

         RECEPTION HALL. A commercial establishment primarily used to host private events, including banquets, weddings, and similar gatherings and events not open to the general public, and where food and drink service may be provided with or without seated tables. Live entertainment and dancing are permitted in reception halls, provided they are not the primary purpose of the event. Sale and consumption of alcohol are allowed at reception halls with prior approval of a conditional use permit and subject to all requirements of state law.

         RECEPTION WINDOW. The area within the direct line of connection between the device that transmits radio waves (such as orbiting satellites and radio towers) and the apparatus designed to receive the transmitting signals.

         RECREATION, INDOOR. Commercial establishments that provide recreation/amusement services in a fully enclosed structure for a fee or admission charge. Typical uses include bowling alleys, billiard/pool halls, family fun centers, trampoline centers, arcades, escape rooms, ice/roller skating and other similar uses.

         RECREATION, OPEN SPACE. Any parcel or area of land or water reserved as open space and/or used for passive, low-impact recreation only. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and viewing area.

         RECREATION, OUTDOOR. Commercial establishments that provide outdoor recreation/amusement services for a fee or admission charge. Typical uses include miniature golf, golf ranges, go-kart racing, swimming pools, water parks, drive-in theaters and any other similar uses.

         RECREATIONAL VEHICLE. A motorized vehicular portable structure without a permanent foundation that can be towed, hauled, or driven; that is primarily designed as a temporary living accommodation for recreational, camping, and travel use; and that may include, but is not limited to, boats, camping trailers, travel trailers, truck campers, and self-propelled motor homes.

         RECYCLING FACILITY, CONSUMER. A facility that collects, sorts, and processes recyclable materials through usage of REVERSE VENDING MACHINE.

         RECYCLING FACILITY, PROCESSING. A facility used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end user's specifications, by such means as sorting, baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

         REGISTERED HISTORICAL SITE. A site or area, including structures, objects, and landmarks, that is either listed on the National Register of Historic Places, the State Historic Landmarks, the County Historic Register, or the local historic register.

         RELIGIOUS ASSEMBLY. Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses (e.g., convent, monastery, nursery, and parsonage) on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other potentially related operations (e.g., a recreational camp) are classified according to their respective land use activities.

         REPAIR SERVICE, MAJOR. Service establishments where on-site repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or industrial equipment.

         REPAIR SERVICE, MINOR. Service establishments where on-site repair and incidental sales of supplies for consumer items and business equipment, such as small household goods, shoes, watches, cameras, jewelry and similar items, conducted within an enclosed building.

         RESEARCH AND DEVELOPMENT. Places of business that conduct research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms.

         RESIDENTIAL RECREATIONAL FACILITIES, PRIVATE. Playground equipment, swimming pools and spas, tennis and other sport courts, and similar facilities and accessory structures that are operated for the residents of a specific residential development and their invited guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as ACCESSORY USES AND STRUCTURES.

         RESIDUALS REPOSITORY. A waste disposal facility specifically restricted to receive only remains from hazardous waste facilities.

         RESTAURANT.

            (1)   RESTAURANTS, DRIVE-IN AND WALK-UPS. Commercial establishments where food or frozen dessert, or beverage or drink is delivered to, or served directly, or sold to patrons for consumption in any automobiles parked within the designated parking areas or at tables/stands in the open/unenclosed areas within the site where the establishment is located. May include outdoor dining/seating area.

            (2)   RESTAURANT, OUTDOOR DINING. Establishments where tables and seating are provided and food and/or beverages are served in outdoor areas, such as an outdoor patio.

            (3)   RESTAURANT, QUICK SERVICE. Commercial establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site, where customers customarily make food orders at a counter and may also pick up food from the counter when ready. Food may be prepackaged rather than made to order. Condiment bars and trash disposal are typically self-service. May include outdoor dining/seating area.

            (4)   RESTAURANTS, SIT DOWN. Commercial establishments whose primary business is the sale of food and beverages to customers for on-site consumption, where food is prepared on the premises and food orders are customarily taken and served to patrons by a waiter or a waitress while the patron is seated at a table or dining counter located inside the restaurant or at an outdoor dining/seating area.

            (5)   RESTAURANTS, SPECIALTY. Establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, ice cream, or yogurt). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage, Food and beverages are for customer consumption within the restaurant or restaurant patio area.

         RETAIL SALE, GENERAL. Commercial establishments engaged in retail sale of goods not specifically listed under another use classification. All sales and storage are conducted completely within an enclosed building. Typical goods sold include clothing and accessories, stationery, hardware, art, books, flowers, jewelry, groceries, baked goods, household items including electronics, sporting goods, antiques, pet supplies, luggage, etc. Also include second hand merchandise, thrift stores and department stores.

         RETAIL SALES, OUTDOOR. Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, newsstands, outdoor facilities for the sale of equipment, and other uses where the business is not conducted entirely within an enclosed structure.

         RETAIL SALES, WAREHOUSE STORES. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

         RETAINING WALL. A wall or terraced combination of walls used solely to retain material or water but not to support or to provide a foundation or wall for a building.

         REVERSE VENDING MACHINE. An automated mechanical device which accepts at least one (1) or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by state law. A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and issues a cash refund based on total weight instead of by container. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

         REVIEW AUTHORITY. The person, committee, or Council responsible for the review and final determination on a land use entitlement, map, or amendment.

         RIDGE. A long, narrow, conspicuous elevation of land.

         RIGHT-OF-WAY. A defined area of land, either public or private, on which a right of passage has been recorded.

         ROCK OUTCROPPING. Any surface rock or group formation of rocks that are part of and connected to a bedrock formation.

         RUNNING OF ANIMALS AT LARGE. Any animals, except for carrier or homing pigeons, not kept continuously under restraint and/or controlled by leash, in pens, corrals, or buildings.

      19.   "S" words, terms and land uses.

         SALVAGE YARD. A lot or any portion of the lot where waste/junk, discarded or salvage materials (e.g. scrap metals, secondhand lumber and building materials, etc.) are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment.

         SATELLITE DISHES/ANTENNA. See WIRELESS COMMUNICATIONS FACILITIES; however these facilities shall be less than three (3) feet or two (2) meters in diameter.

         SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

         SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION. The guidelines prepared by the National Park Service of the U.S. Department of the Interior for applying standards for rehabilitation of historic buildings and historic preservation projects.

         SEMI-PUBLIC. A use owned or operated by a nonprofit, religious, or charitable institution and providing educational, cultural, recreational, religious, or similar types of public programs.

         SENIOR LIVING FACILITY, LARGE. A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in § 1569.2 of Cal. Health and Safety Code, subject to regulations of Chapter 3.2 of Cal. Health and Safety Code. Such facility provides care and services on a monthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include independent living, assisted living, memory living care, skilled nursing, and continuing care retirement community.

         SENIOR LIVING FACILITY, SMALL. A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in § 1569.2 of Cal. Health and Safety Code, subject to regulations of Chapter 3.2 of Cal. Health and Safety Code. Such facility provides care and services on a monthly basis or longer to six (6) or fewer persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include independent living, assisted living, memory living care, skilled nursing, and continuing care retirement community.

         SENSITIVE AREA. That area of land within two thousand (2,000) feet of the exterior boundaries of a specific off-site hazardous waste facility, unless otherwise specified as being larger.

         SENSITIVE POPULATION. Residential populations and immobile populations and similar facilities one thousand (1,000) feet of the exterior boundaries of a hazardous waste site. The one thousand (1,000) feet shall be measured from subject property lines.

         SENSITIVE SPECIES. Plant or animal species which are susceptible to habitat changes or impacts from activities. The official designation is made by the USDA Forest Service at the regional level and is not part of the designation of threatened or endangered species made by the U.S. Fish and Wildlife Service.

         SENSITIVE HABITAT. The environment in which sensitive species lives or grows.

         SETBACK. The minimum distance by which structures, parking, or uses on a parcel shall be separated from a street right-of-way or lot line. Setbacks from private streets are measured from the edge of the easement. See also YARD.

         SETBACK LINE. A line within a parcel, parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures, parking, or uses on a parcel.

         SETBACK LINE, FRONT YARD. The line which defines the depth of the required front yard. Said setback line is parallel with the street line or, when established by the General Plan, with the highway right-of-way line, removed therefrom by the perpendicular distance prescribed for the front yard in the zone.

         SETBACK LINE, REAR AND SIDE YARD. The line which defines the width or depth of the required rear or side yard. Said setback line is parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

         SHARED PARKING. The approved use of the same off-street parking spaces for two (2) or more distinguishable uses where peak parking demand of the different uses occurs at different times of the day, or, where various uses are visited without moving the motor vehicle, where the division of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements if required separately.

         SHOPPING CENTER. A group of not less than fifteen (15) contiguous commercial stores originally planned and developed as a single project.

         SIGN. See Chapter 20.42 (Sign Standards) for definitions and standards governing signs.

         SIGN AREA. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface; should the sign have more than one (1) surface, the sign area shall be the aggregate area of all sign surfaces measured as above.

         SIGN BUSINESS. Any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.

         SIGNIFICANT FEATURE. The man-made elements embodying style or type of historic resource, design, or general arrangement and components of an improvement, including but not limited to color, texture of building materials, and the type and style of all windows, doors, light, signs, and other fixtures appurtenant to such improvement.

         SIGNIFICANT RIDGELINE. A long, conspicuous, continuous elevated landform that forms a part of the natural backdrop and skyline to the city. Said landform may consist of one (1) or more ridge features each of varying elevations dependent on the characteristics of the ridgeline being evaluated.

         SINGLE-FAMILY DWELLINGS. See DWELLING, SINGLE-FAMILY ATTACHED and DWELLING, SINGLE-FAMILY DETACHED.

         SINGLE HOUSEKEEPING UNIT. The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expense, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premise of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

         SITE. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

         SITE COVERAGE. The percentage of total site area occupied by structures. Site coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., balconies, chimneys, decks above the first floor, porches, stairs, etc.). Site coverage is measured from exterior wall to exterior wall.

         SITE PLAN. A plan drawn to scale, showing uses and structures proposed for a property as required by the applicable regulations, including lot lines, streets, grades, building sites, reserved open space, and other specific development proposals.

         SLOPE. An inclined ground surface, the angle of which is expressed as a ratio of horizontal distance to vertical distance. (Please see Illustration 4 in the Appendix following this chapter.)

         SLOPE FACE. The slopes located directly below, and leading up to, the crest of a significant ridgeline or prominent landform.

         SLOPE GRADE. The relationship (ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).

         SLOPE, MAN-MADE. A manufactured slope consisting wholly or partially of either cut or filled material.

         SLOPE TRANSITION ZONE. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

         SPECIFIC PLAN. Under Cal. Gov't Code, Article 8, §§ 65450 et seq., a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed conditions, programs, regulations, and/or proposed legislation that may be necessary or convenient for the systematic implementation of any General Plan element(s).

         SPLIT LEVEL CONSTRUCTION. An approach to grading and development of a structure whereby the foundation of the structure is placed on more than one (1) graded pad area.

         SPLIT LEVEL ROADS. Roads which are constructed so as to have two (2) traffic ways, each at a different level within the same right-of-way.

         STADIUMS AND SPORTS ARENA COMPLEXES. Indoor and outdoor venue for professional sports on a permanent basis that has a capacity of 5,000 or more seats, which is designed, intended, and used primarily for large-scale spectator events including, but not limited to, sporting events, musical performances, or other similar events.

         STANDARDS, DEVELOPMENT. Standards in this Zoning Code that govern the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Development standards include regulations controlling minimum parcel area, maximum height, minimum parcel frontage, minimum size of yards and setbacks, maximum parcel coverage, and maximum floor area ratio.

         STANDARDS, PERFORMANCE. Standards in this Zoning Code that govern the operation and maintenance of uses in a particular zoning district. Performance standards include regulations controlling fire and explosive hazards, glare and light, noise, odor, toxic or noxious matter, vibration, and other potential nuisance elements generated by or inherent in uses of land or structures.

         STORAGE, OUTDOOR. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

         STORY. That portion of a structure included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a structure included between the upper surface of the topmost floor and the ceiling.

         STREET. A public thoroughfare or right-of-way, or approved private thoroughfare or right-of-way determined by the city to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road, or any other thoroughfare. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets.

         STRUCTURE. As defined in the International Building Code.

         STUDIOS, INSTRUCTION/SERVICE. Small scale facilities, typically accommodating one (1) group of patrons or students at a time. Typical uses include art and music studios, karate/martial arts training studios, photography studios, fitness studios (e.g. yoga, Pilates, aerobics, gymnastics) with no other fitness facilities or equipment.

         SUBDIVIDER. An association, corporation, firm, partnership, or person who proposes to divide or causes to be divided real property into a subdivision for oneself or for others; except that employees and consultants of persons or entities, acting in this capacity, are not subdividers. See DEVELOPER.

         SUBDIVISION. The division, by any subdivider, of any unit or portion of land shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. SUBDIVISION includes the following, as defined in Cal. Civil Code § 1351, a condominium project; a community apartment project; or the conversion of five (5) or more existing dwelling units to a stock cooperative.

         SUBDIVISION DEVELOPMENT PLAN. Specific development plans for an approved tentative map, including plot plans, building elevations, grading plans and landscape plans applicable to individual lots within said tentative map.

         SUBDIVISION MAP ACT, OR MAP ACT. Cal. Gov't Code, Division 2, Title 7, commencing with § 66410 as presently constituted, and any amendments to those provisions regarding the subdivision of real property.

         SUPER SLOPES. Manufactured slopes that exceed forty-five (45) vertical feet in height. SUPER SLOPES serve three (3) beneficial purposes:

            (1)   Allow for landscaping opportunities in hillsides while preserving off-site views within a hillside community;

            (2)   Create a visual break between terraced rows of housing units; and

            (3)   Help conform to natural topography by blending manufactured slopes with the height of adjacent natural slopes.

         SUPPORTIVE HOUSING. This use class consists of housing that has the same meaning as defined in § 65582(g) of the Cal. Gov’t Code and as they may be amended.

         SWALE. Open channels possessing a dense cover of grasses and other herbaceous plants through which runoff is directed during storm events. Above ground plant parts (stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated pollutants to settle. The pollutants are then incorporated into the soil where they may be immobilized and/or decomposed.

         SWIMMING POOLS. See ACCESSORY USES AND STRUCTURES.

         SWIMMING POOLS, PRIVATE. A water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than twenty-four (24) inches, designed, used, and maintained as an accessory use for swimming and bathing by not more than three (3) owner families and their guests and intended for non-commercial use.

      20.   "T" words, terms and land uses.

         TEMPORARY STRUCTURE. A structure without any foundation or footings that will be removed when the permit for the activity, or use for which the temporary structure was erected, has expired.

         TEMPORARY USES/ACTIVITIES. See § 20.62.060 (Temporary Use Permits).

         TENANT. Any person who occupies a site or structure for a fixed period of time, usually through a lease agreement with the property owner.

         TENNIS COURTS, PRIVATE. One (1) or more tennis courts designed and maintained for the sole and exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests.

         TERRACING. The method separating and elevating one (1) development area above another development area by a slope.

         TOE OF SLOPE. That portion of intersection created by the bisection of a horizontal plane by a transverse plane with a deflection angle less than ninety (90) degrees.

         TOP OF SLOPE. That portion of intersection created by the bisection of a horizontal plane by a transverse plane with an angle of impose greater than ninety (90) degrees.

         TOPOGRAPHY. The surface relief of slope of any given area of land.

         TRAFFIC SAFETY VISIBILITY AREAS. A triangular area on a corner parcel formed by measuring thirty-five (35) feet from the intersection of the front and street side property lines, and connecting the lines across the property.

         TRAILER. A vehicle without motive power, designed so that it can be drawn by an automotive vehicle, for the transporting of personal property, not including trailers used for human habitation, such as recreational vehicles.

         TRANSIT FACILITY. A facility that serves as stations for taxi, bus, freight, truck or other transit systems that primarily provide for the movement of goods and/or people. Facilities that serve as product distribution facilities where the materials, products and/or goods to be moved/transferred are stored entirely within a building is not included in this use classification.

         TRANSITIONAL HOUSING. This use class consists of housing that has the same meaning as defined in § 65582(j) of the Cal. Gov’t Code and as it may be amended.

         TRANSPORTATION DEMAND MANAGEMENT (TDM). The implementation of programs, plans, or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak period.

         TRIP REDUCTION. Reducing the number of work-related trips taken between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday in single- occupancy vehicles.

         TWO-UNIT DEVELOPMENT. This use class consists of two (2) new units or the addition of one (1) new unit and one existing unit developed under the provisions of Chapter 20.56, each with its own kitchen and bathroom facilities, on a single lot. This classification excludes a single-family dwelling unit with an Accessory Dwelling Unit, Accessory Dwelling Unit, Junior, or a duplex.

      21.   "U" words, terms and land uses.

         UNLOADED STREET. A street on which no front entrance or driveway of a home is located.

         USE. The purpose for which land or a structure is use, arranged, designed, or intended, or for which the land or structure is or may be occupied or maintained. See also ACCESSORY USE, PRINCIPAL USE, and TEMPORARY USE.

         UTILITY. Manned or un-manned facilities that provide the public with electricity, gas, water, communications, sewage collection or other similar service. Antennas for telecommunications systems are not included.

      22.   "V" words, terms and land uses.

         VALET PARKING. A parking service provided to accommodate users of an establishment in which an attendant on behalf of the establishment takes temporary custody of the vehicles of the guests or patrons visiting the establishment and moves, parks, stores and/or retrieves such vehicles.

         VALVE. A device used to control the flow of water in an irrigation system.

         VARIANCE. Permission to depart from provisions of this Zoning Code when, due to special circumstances applicable to the property, strict application of the requirements deprives the property of privileges enjoyed by other property in the vicinity which is subject to identical zoning regulations. See § 20.62.070 (Variances).

         VIEWSHED. Areas of development that can be viewed from arterial roads, freeways, major collector roads and public gathering places such as major shopping centers, etc.

         VISUAL DOMINANCE. Any object as viewed from a public area or public right-of-way that supersedes the presence of all other elements in the area shall be considered to be visually dominant.

      23.   "W" words, terms and land uses.

         WALL. A barrier intended to mark a boundary that presents a continuous surface except where pierced with doorways, gates, or decorative masonry. A wall is usually constructed of brick, concrete, concrete block, stucco, or a combination of these materials.

         WATER CONSERVING LANDSCAPE. A combination of landscaping and irrigation techniques which reduce the demand for water that is required to maintain a given landscape. The primary techniques include:

            (1)   Use of water conserving plants.

            (2)   Reduction of turf (grass) to location where it provides functional benefits.

            (3)   Grouping of plants in hydrozones.

            (4)   Water efficient irrigation system and techniques to meet plant needs.

         WINDOW. An opening that is in a wall of a structure; designed to allow light and/or ventilation into the structure; enclosed by casement or sash; and containing glass or other similar transparent or semi-transparent material.

         WIRELESS CABLE. Any antenna used to receive television signals by a line of sight connection from a ground mounted transmitting radio tower.

         WIRELESS COMMUNICATION FACILITIES - MAJOR. A wireless communication facility that does not meet the definition of a wireless communications facility, minor. Such facility typically is ground-mounted, and/or is mounted in any manner on property or buildings owned by the city or in right-of-ways over which the city has regulatory authority, shall also be considered as a wireless communications facility, major.

         WIRELESS COMMUNICATION FACILITIES - MINOR. A wireless communication facility that is building-, facade-, or wall-mounted, and does not exceed the height of the parapet wall or roof line of the building, including a roof-mounted facility which is concealed or is of a small diameter and does not exceed the maximum height of the district. A wireless communication facility that is mounted in any manner on property or buildings owned by the city or in right-of-ways over which the city has regulatory authority, pursuant to a master agreement with the city, shall be considered a wireless communications facility, minor.

         WIRELESS COMMUNICATION FACILITIES - STEALTH. A stealth facility is any telecommunications facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with the existing structure. Also known as CONCEALED TELECOMMUNICATIONS FACILITIES.

         WORKSITE. A building, or grouping of buildings, located within the jurisdiction which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).

      24.   "X" words, terms and land uses.

      25.   "Y" words, terms and land uses.

         YARD. An open space on a developed parcel that, except as otherwise provided for in this Zoning Code, is unoccupied or unobstructed from the ground upwards; except for allowed projections. See § 20.30.060 (Setback Requirements and Exceptions). When a yard dimension is given, it represents the minimum horizontal distance between the lot line from which the distance shall be measured and a line parallel to the lot line.

            (1)   FRONT YARD. The open space on a developed parcel extending across the full width of the front of the parcel, the depth of which extends from the rear of the public right-of-way to the most distant forward-facing facade of the dwelling and its attached garage or carport. When applied to a multi-family dwelling, these standards shall be applied to the dwelling, garage, or carport closest to the public right-of-way by which access to the site is taken.

            (2)   REAR YARD. The open space extending across the full width of the rear of a parcel, the depth of which is the horizontal distance between the rear lot line and a line parallel to the rear lot line.

            (3)   SIDE YARD. The space between the principal structure and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the principal structure nearest the line from which the measurement is taken.

      26.   "Z" words, terms and land uses.

         ZONING CODE. That portion of the Brea Municipal Code entitled Title 20, as it may be amended from time to time.

         ZONING DISTRICTS. A portion of the city within which certain uses of land and structures are defined, and regulations are specified.

         ZONING MAP. The map or maps that are a part of this Zoning Code and that delineate the boundaries of zoning districts.

(Ord. 1241, passed 8-15-23; Am. Ord. 1247, passed 3-19-24; Am. Ord. 1250, passed 5-21-24)