A. Definitions, "A". The following definitions are in alphabetical order.
Accessory Dwelling Unit. Refer to Government Code Section 65882.2 for definition.
Accessory Retail Uses. The retail sales of various products (including food) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and not visible from public streets except if located in a hotel or Class A office. These uses shall be located within a primary use structure on the premises, and the aggregate size shall not exceed twenty-five percent (25%) of the gross floor area of the primary building or structure. Uses may include retail sales of various products (including food), restaurants, delis, coffee shops, health clubs, day care centers, printing shop, banks, pharmacies, gift shops and on-site maintenance.
Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this development code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
Accessory Use. Except as otherwise defined or limited in this Development Code, a use of land or building, or a portion thereof, that is customarily incidental to, related to, and clearly subordinate to, an allowed primary use of the land or building on the same premises.
Adult Entertainment Businesses. See Section 16.44.020 (Adult Entertainment Businesses).
Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this development code.
Alcoholic Beverage Sales (Land Use). The retail sale of beer, wine, and/or other alcoholic beverages for on-or off-premise consumption.
Alley. A public or private roadway, generally not more than thirty (30) feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
Allowed Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this development code.
Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
Amenity. In conjunction with a development project, any or all of the following, proposed and provided by a project applicant in excess of the minimum requirements of this development code: permanent open space and landscaping: public art: recreational facilities; on-site child day care facilities, etc.
Animal Keeping. The keeping or raising of farm animals (including cattle, goats, horses, sheep, swine (including pot bellied pigs)), fowl, poultry. and other animals not commonly regarded as household pets. Does not include cats, dogs, and other typical household pets.
Approval. Includes both approval and approval with conditions.
Architectural Projection. A building feature that is mounted on, and/or extends from, the surface of a building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, etc.
Assisted Living/Skilled Nursing. A facility that provides rooms, meals, personal care, and supervision of self-administered medication, and other services such as recreational activities, financial services, and transportation. These facilities may provide short- or long-term care. Assisted living care facilities range in size from a few rooms to more than a hundred. Skilled nursing facilities include where patients received a minimum number of hours of nursing care daily, such as maintenance care, restorative services and specialized services such as intravenous feeding, tube feeding, injected medication, and daily wound care.
Auto, Mobile Home, and Vehicle Sales. Retail establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "retail stores, general merchandise"). Includes parts sales or repair shops only when part of a dealer-ship selling new vehicles on the same site. Does not include "service stations," which are separately defined. Auto Parts Sales. Stores selling new automobile parts, tires, and accessories. Does not include tire recap-ping establishments, which are found under "repair and maintenance—vehicle," or businesses dealingexclusively in used parts. which are included under "recycling—scrap and dismantling yards."
Automated Teller Machine (ATM). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with these regulations. ATMs for use by patrons in vehicles are included under the definition of `"drive-in and drive-through services."
Automobile Dismantling Yard. See "recycling—scrap, and dismantling yards."
Automobile Repair. See "repair and maintenance—vehicle."
B. Definitions, "B". The following definitions are in alphabetical order.
Backstop. A safety barrier device constructed with the purpose of stopping or redirecting ammunition fired from a firing line to ensure the safety of users of an indoor firing range.
Baffles. Barrier devices used to contain ammunition and/or to reduce noise. Baffles are typically placed overhead, on ground level, or on walls, and can safely redirect errant or off-target shots.
Balcony. Outdoor living space located on the second or higher floor of a building, enclosed by a railing or other safety barrier.
Banks and Financial Services (Land Use). Financial institutions including:
· Banks and trust companies
· Credit agencies
· Holding (but not primarily operating) companies
· Lending and thrift institutions
· Other investment companies
· Securities/commodity contract brokers and dealers
· Security and commodity exchanges
· Vehicle finance (equity) leasing agencies
See also. "Automatic Teller Machine," above.
Banks and Financial Services. Financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges: holding (but not predominantly operating) companies; and other investment companies: vehicle finance (equity) leasing agencies. See also. "Automated Teller Machine," above.
Bars and Alcoholic Beverage Drinking Places. A structure or tenant space within a structure where alcoholic beverages are sold for on-site consumption. that are not part of a larger restaurant. Includes bars, taverns. pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (such as live music and/or dancing), and beer brewing as part of a "brew pub."
Basement. Habitable space within a structure where less than one half of the distance from its floor to ceiling is below grade.
Bed and Breakfast Inn. A single-family dwelling, with one family in permanent residence, where bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include "hotels and motels," or "rooming and boarding houses," which are defined separately; or the rental of an entire residence for one week or longer.
Beverage Production. Manufacturing facilities including bottling plants, breweries, coffee roasting, soft drink production, and wineries. Does not include milk processing, which is included under the definition of food products. May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "bars and drinking establishment" if alcoholic beverages are tasted, and under "restaurant" if beverages are non-alcoholic.
Building. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term "structure" includes "buildings."
Building Material Stores. Primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail stores, general merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger pro-portion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Building materials sales businesses that store most of their product inventory out-doors are included under "lumber and wood products." Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution."
Business Support Services. Establishments primarily within structures, providing other businesses with services, including maintenance, repair and service, testing, rental, also includes:
1. Blueprinting;
2. Business equipment repair services (except vehicle repair, see "Repair and Maintenance—Vehicle");
3. Commercial art and design (production);
4. Computer-related services (rental, repair);
5. Copying, quick printing, and blueprinting services;
6. Equipment rental businesses within buildings (rental yards are "storage yards and sales lots");
7. Equipment repair services where repair occurs on the client site;
8. Film processing laboratories;
9. Janitorial services;
10. Mail advertising services (reproduction and shipping);
11. Other "heavy service" business services;
12. Outdoor advertising services;
13. Photocopying;
14. Photo finishing;
15. Protective services (other than office related);
16. Soils and materials testing laboratories; and
17. Window cleaning.
C. Definitions, "C". The following definitions are in alphabetical order.
Car Washes (Land Use). Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See Chapter 16.70 (Temporary Use Permits).
Caretaker and Employee Housing. A structure constructed to residential occupancy standards in compliance with the Uniform Building Code that is accessory to a nonresidential use and required for security, or twenty-four (24) hour care or supervision.
Cargo Containers. It is a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The utilization of these units is limited for the conversion of an existing unit for permanent storage activities. See Section 16.44.150.K (Cargo Containers As An Accessory Structure) for additional details.
Carport. See “garage, or carport.”
Chemical Products Manufacturing. Manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals including acids, alkalies, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the retail trade group on the land use and permit tables.
Child Day-Care Facilities. Facilities that provide care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:
1. Child Day-Care Center. A commercial or non-profit child day-care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended day-care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent land use.
2. Large Family Day-Care Home. A day-care facility located in a single-family or multi-family residence where an occupant of the residence provides care and supervision for nine to fourteen (14) children. Children under the age of ten years who reside in the home count as children served by the daycare facility.
3. Small Family Day-Care Home. A day-care facility located in a single-family or multi-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home count as children served by the day-care facility.
Churches/Places of Worship. Any religious organization facility operated for worship or promotion of religious activities, including churches and places of worship and classrooms for religious instruction; and accessory uses 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 entitlement required for the church itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp) are classified according to their respective activities.
City. The City of Murrieta, state of California, referred to in this development code as the “city.”
City Council. The Murrieta city council, referred to in this development code as the “council.”
City Engineer. The director of public works/city engineer of the city or his or her duly delegated representative.
Class A Office. An office building that is typically characterized by high quality design, the use of high end building materials and state of the art technology for voice and data, and meeting the following minimum requirements:
1. The building must be a minimum of three (3) stories;
2. The building shall have a minimum of fifteen thousand (15, 000) square feet per floor;
3. The building shall have steel frame construction;
4. The building has a central, interior lobby; and
5. Access to the suites is from the building unless the building is located in the Historic Downtown in which case the first floor commercial uses may be accessed from both the public sidewalk and inside the building.
In addition, a Class A office building will typically have on-site support services and maintenance, full service accessory uses such as a bank, restaurant-deli-coffee shop, health club, day care center, printing shop, and reserved parking.
Clothing Products. Manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (“general merchandise stores”) are instead included under “personal services.” See also, “textile and leather products.”
Commission. See “planning commission.”
Community/Culture Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.
Conditional Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district subject to the approval of a conditional use permit in compliance with Chapter 16.52 (Conditional Use Permits).
Condominium. As defined by Civil Code Section 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. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
Contractor’s Storage Yard. Storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and structures for uses including offices and repair facilities.
Convenience and Mini-Mart Stores (Land Use). Retail stores of seven thousand (7,000) square feet in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility.
County Recorder. The county recorder of the county of Riverside.
Coverage (Lot or Parcel). The percentage of the total site area occupied by structures over six feet in height. Coverage includes accessory structures and architectural features such as chimneys, balconies and decks above the first floor, porches, stairs, etc. Coverage does not include eaves exempt per Section 16.18.140 or arbors, gazebo and trellis per subsection 16.18.140(E)(2).
Crop Production, Commercial. Commercial agricultural uses including production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms, associated crop preparation services and harvesting activities including mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field not involving a permanent structure.
D. Definitions, “D”. The following definitions are in alphabetical order.
Day Care. A commercial or non-profit day care facility. Includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent land use.
Density. The number of housing units per net acre, unless otherwise stated, for residential uses.
Density Bonus. An increase in the number of dwelling units normally allowed on a parcel by the applicable zoning district, granted by the city in compliance with Chapter 16.20 (Affordable Housing Incentives/Density Bonus Provisions).
Department. The Murrieta development services department, referred to in this development code as "department."
Detached. Any structure that does not have a wall or roof in common with another structure.
Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this development code.
Development Agreement. A contract between the city and an applicant for a development project, in compliance with Chapter 16.54 (Development Agreements) of this development code and government code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development Code. The Murrieta development code, Title 16 of the Murrieta municipal code, referred to herein as "this development code."
Director. The person responsible for the planning department functions of the city and/or implementation of Title 16 Development Code, as designated by the city manager.
Drive-in and Drive-through Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include "fast-food" restaurants.
Drive-in and Drive-through Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows and ATMs at banks. Does not include: service stations, which are separately defined, or car washes, which are included in the definition of "repair and maintenance—vehicle."
Duplexes (Land Use). Detached residential structures under single ownership containing two dwellings.
Dwelling Unit. Any structure designed or used for the shelter or housing of one or more persons.
E. Definitions, “E”. The following definitions are in alphabetical order.
Efficiency Dwelling Units. A dwelling unit providing one habitable room and includes an efficiency unit as defined by Health and Safety Code Section 17958.1. The unit shall have a living room of not less than 220 square feet of floor area. An additional 100 square feet of floor area shall be provided for each occupant of such unit in excess of two. The unit shall be provided with a separate closet. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
Electric Vehicle Charging Space. Refer to Vehicle Code Section 22511.2.
Electric Vehicle Supply Equipment. Refer to Vehicle Code Section 22511.2.
Electronics and Equipment Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
1. Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
2. Aviation instruments;
3. Electrical transmission and distribution equipment;
4. Electronic components and accessories, and semiconductors, integrated circuits, related devices;
5. Electronic instruments, components and equipment such as calculators and computers;
6. Electrical welding-apparatus;
7. Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
8. Industrial apparatus;
9. Industrial controls;
10. Instruments for measurement, testing, analysis and control, associated sensors and accessories;
11. Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
12. Motors and generators;
13. Optical instruments and lenses;
14. Photographic equipment and supplies;
15. Pre-recorded magnetic tape;
16. Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
17. Surveying and drafting instruments;
18. Telephone and telegraph apparatus;
19. Transformers, switch gear and switchboards; and
20. Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.) (see "business support services"), or re-search and development facilities separate from manufacturing (see "research and development").
Emergency Shelters. Facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.
Employee Workforce and Student Units. Housing units that are associated with and supporting to facilities such as a hospitals, colleges or universities, or research and development campuses that would directly benefit from having employees and students living on-site.
Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion.
Equestrian Facilities. Horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
Equipment Rental (Land Use). Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.
F. Definitions, "F". The following definitions are in alphabetical order.
Fabric Product Manufacturing (Land Use). Manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("general retail stores") are instead included under "personal services." See also, "textile and leather product manufacturing."
Family. One or more persons, related or unrelated, living together as a single integrated household in a dwelling unit.
Farm Equipment and Supplies Sales. Establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
Firearm. Any barreled weapon capable of firing a projectile or bullet using an explosive charge.
Firing line. A safe and secure line parallel to fixed targets from which firearms are discharged.
Floor Area Ratio (FAR). The floor area ratio (FAR) is the ratio of floor area to total lot area, excluding underground parking and parking structures used exclusively for vehicle parking and loading. FAR restrictions are used to limit the maximum floor area allowed on a site. The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the floor area ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area).
Food and Beverage Manufacturing (Land Use). Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:
1. Bakeries;
2. Bottling plants;
3. Breweries;
4. Candy, sugar and confectionery products manufacturing;
5. Catering services separate from stores or restaurants;
6. Coffee roasting;
7. Dairy products manufacturing;
8. Fats and oil product manufacturing;
9. Fruit and vegetable canning, preserving, related processing;
10. Grain mill products and by-products;
11. Meat, poultry, and seafood canning, curing, byproduct processing;
12. Soft drink production; and
13. Miscellaneous food item preparation from raw products.
May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of"bars and night clubs" if alcoholic beverages are tasted, and under "restaurant" if beverages are non-alcoholic.
Does not include: bakeries which sell all products on-site (listed in Article 11 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) as "bakeries;" beer brewing as part of a brew pub, bar or restaurant (see "bars and night clubs"): the killing/slaughtering of animals, or rendering plants (see "slaughterhouses and rendering plants").
Food Products. Manufacturing establishments producing or processing foods for human consumption and certain related products. Includes:
1. Bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution are included under "retail stores. general merchandise"):
2. Dairy products processing;
3. Fats and oil products (not including rendering plants, which are included under "slaughterhouses and rendering plants");
4. Fruit and vegetable canning. preserving, and related processing:
5. Grain mill products and by-products;
6. Meat, poultry, and seafood canning, curing and byproduct processing (not including facilities that also slaughter animals); and
7. Miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants.
Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood and metal household furniture and appliances: bedsprings and mattresses: all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. includes wood and cabinet shops, but not sawmills or planing mills. which are instead included under "lumber and wood products."
Furniture, Furnishings and Equipment Stores. Stores primarily selling: home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, spas and hot tubs. Also includes the retail sale of office furniture and pianos.
G. Definitions, "G". The following definitions are in alphabetical order.
Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 16.34 (Off-Street Parking and Loading Standards). I. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides. 2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
General Plan. The city of Murrieta general plan. including all elements thereof and all amendments thereto, as adopted by the city council under the provisions of Government Code Sections 65300 et seq., and referred to in this development code as the "general plan."
Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Includes large-scale artisan and craftsman type operations producing primarily for the wholesale market.
Golf Courses, Country Clubs. Public and private golf courses and country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges (driving ranges separate from golf courses are instead classified under "outdoor commercial recreation"); "pro-shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the allowed height of a proposed structure.
1. Average Grade. The elevation determined by computing the mathematical average of the elevations of the highest and lowest points on the boundaries of the area for which average grade is being determined.
2. Existing or Natural Grade. The contour of the ground surface before grading.
3. Finish Grade. The final contour of the ground surface of a site that conforms to the approved grading plan.
4. Street Grade. The elevation of the centerline of the street adjacent to the site proposed for development.
Green Technologies. Green technologies are uses that research and/or develop products that are intended to mitigate or reduce the effects of human activity on the environment; such as bio filters, solar collectors, noise panels, energy efficient appliances, windows, etc.
Greenhouses, Commercial. Facilities for the indoor propagation of plants for commercial sale.
H. Definitions, "H". The following definitions are in alphabetical order.
Handcraft Industries, Small-scale Manufacturing. Manufacturing establishments not classified in another major manufacturing group, including: jewelry: musical instruments; toys; sporting and athletic goods: pens, pencils, and other office and artists' materials; buttons, costume novelties: brooms and brushes; and other miscellaneous manufacturing industries.
Handguns. A term used to describe any firearm held within the hand, typically smaller in feature, from which a bullet is propelled. Can also be known as a pistol or revolver.
Health/Fitness Clubs. Fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities: indoor tennis, handball, racquetball, and other indoor sports activities.
Hillside Development. See Chapter 16.24 (Hillside Development).
Home Occupations. An accessory commercial activity or business service conducted on the site of a housing unit, only by residents of the housing unit (short-term vacation rentals are exempt from this requirement in terms of activity limitations. Please refer to the short-term vacation rental definition as contained within this section and Chapter 5.27 (Short-Term Vacation Rentals) for specific criteria, in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Chapter 16.60 (Home Occupation Permits). Home occupations do not include business/commercial activities conducted solely by residents of a housing unit that are limited to the use of a desk, telephone and/or personal computer which are permitted in all residential zoning districts.
Hosted Rental Unit. A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) on the property of a primary residence is rented, while a property owner, or their designated permanent resident, who is at least twenty-one (21) years of age or older, remains on-site and resides on the property during the short-term vacation rental period (except during daytime and/or working hours).
Hotel or Motel. Guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than thirty (30) days). Also includes accessory guest facilities (including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses). Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
I. Definitions, "I". The following definitions are in alphabetical order.
Improvement. For the purposes of subdivision. an improvement includes any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land within an approved subdivision to be used for public or private streets, highways, and easements for the use of the parcel owners and to accommodate neighborhood traffic and drainage needs. Improvement also refers to any other improvements, the installation of which by either the subdivider, a public agency. utility company. or any other entity, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan.
Indoor Commercial Recreation. Facilities for various indoor participant sports and types of recreation where a fee is charged for use, conducted primarily within an enclosed building. Typical uses include: amusement and game arcades, batting cages, billiard/pool halls, bowling alleys, ice skating and roller skating rinks, miniature golf, racquetball, tennis and other sport courts and swimming pools. May include ancillary food, beverage and retail sales.
Indoor Firing Range. A totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use.
Instruction, Personal. A use with two or less class or meeting rooms that serves fewer than 40 students in attendance at any time, where an individual or individuals provides instruction to an individual or group of individuals primarily for personal interest or self improvement in such activities as: academics, art, athletics, computers, dance, drama, fitness, martial arts, music and similar activities.
Intensification of Use. A change in the use of a structure or site, where the new use is required by Chapter 16.34 (Off-Street Parking and Loading Standards) to have more off-street parking spaces than the former use: or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
J. Definitions, "J".
Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Sections 65852.2 and 65852.22.
K. Definitions, "K".
Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which includes any three of the following features:
1. Cooking or food heating equipment, including a hot plate, microwave, oven, or range;
2. A refrigerator or other device for cold storage;
3. Cabinets, shelves, or other facilities for storage of food and/or utensils; or
4. A sink and water supply.
L. Definitions, "L". The following definitions are in alphabetical order.
Landscaping. See Chapter 16.28 (Landscaping Standards).
Large Family Day-care Home. See "child day care facilities."
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "personal services."
Leather Products. The assembly of finished products made primarily from purchased leather goods including: clothing, shoes/boots, luggage, furniture, saddles, and similar items. Does not include tanning, dying, or other processing of leather hides.
Line of sight. A wide, straight path from a firing line to a fixed target that a reasonable user of a range has the uninterrupted sight to shoot a firearm.
Live/Work Facility. An integrated dwelling unit and working space, occupied and utilized by a single house-keeping unit in a structure that has been modified or designed to accommodate joint residential occupancy and work activity and which 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.
Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the subdivision map act and city ordinances, including this development code. Types of lots include the following.
1. Corner Lot. A lot located at the intersection of two or more streets, where they intersect at 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 lot is considered an interior lot.
2. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
3. Interior Lot. A lot abutting only one street.
4. Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.
5. Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.
6. Through Lot. A lot with frontage on two generally parallel streets.
Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements. including those for utilities or flood control channels. which limit the use of the lot.
Lot Coverage. See `"Site Coverage."
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows:
1. Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
2. Interior Lot Line. Any lot line not abutting a street.
3. Rear Lot Line. A property line that does not intersect the front lot line. which is most distant from and most closely parallel to the front lot line.
4. Side Lot Line. Any lot line that is not a front or rear lot line.
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. The director shall determine lot width for parcels of irregular shape.
Lumber and Wood Product Manufacturing (Land Use). Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
· Containers, pallets and skids
· Milling operations
· Trusses and structural beams
· Turning and shaping of wood products
· Wholesaling of basic wood products
· Wood product assembly
Craft-type shops are included in "handcraft industries, small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "building material stores."
M. Definitions, "M". The following definitions are in alphabetical order.
Machinery Manufacturing. The manufacturing of machinery and equipment for purposes and products including the following:
· Bulldozers
· Carburetors
· Construction
· Conveyors
· Cranes
· Die casting
· Dies
· Dredging
· Engines and turbines
· Farm and garden
· Food products manufacturing
· Gear cutting
· Heating, ventilation, air conditioninglndustrial trucks and tractors
· Industrial furnaces and ovens
· Industrial molds
· Laundry and dry cleaning
· Materials handling
· Mining
· Oil field equipment
· Paper manufacturing
· Passenger and freight elevators
· Pistons
· Printing
· Pumps
· Refrigeration equipment
· Textile manufacturing
Manufactured Home. A housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.).
Massage. The scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
Massage Accessory Use. Any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code, unless expressly exempted.
Massage Establishment. Any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.
Medical Marijuana Dispensary. A facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215).
Medical Marijuana Dispensary, Mobile. Any person, clinic, cooperative, club, business, dispensary or group which transports, imports, sells, furnishes, administers or arranges the delivery of medical marijuana to any person, firm, corporation, association, club, society, or other organization.
Medical Services—Offices, Clinics and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
Medical Services—Hospitals. Hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff. inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of "accessory retail uses," and emergency heliports.
Membership Organization Facilities. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations (not including lodging, which is under "fraternity/sorority houses"); political organizations, and other membership organizations. Does not include country clubs, which are included in the definition of `"golf courses, country clubs."
Metal Fabrication, Machine and Welding Shops. The assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
Mobile Home. A structure transportable in one or more sections which is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. For purposes of these regulations, a mobile home on a permanent foundation is considered a structure.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Motel. See "Hotel or Motel."
Multi-family Housing. Includes a structure or a portion of a structure used and/or designed as residences for two or more families living independently of each other. includes: duplexes, triplexes and fourplexes (individual structures containing three, and four housing units, respectively) apartments (five or more units under one ownership in a single structure): townhouse development (three or more attached single-family dwellings where no unit is located over another unit); senior citizen multi-family housing; single-and common owner-ship, attached unit projects (such as condominiums). Single resident/single room occupancy units (SROs) are separately defined.
Multi-use Service Station. A gasoline service station which may include a car wash, one or more restaurants (with or without drive-through facilities). convenience market, or other service commercial uses in combination on a single site.
Municipal Code. The city of Murrieta municipal code, as it may be amended from time to time by the council.
N. Definitions, "N". The following definitions are in alphabetical order.
Noise. See Chapter 16.30 (Noise).
Nonconforming Uses, Structures and Parcels. See Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
Non-Hosted Rental Unit. A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) is rented without concurrently being occupied by the property owner.
O. Definitions, "O". The following definitions are in alphabetical order.
Occupancy. All or a portion of a structure occupied by one tenant.
Offices. Service establishments including the following:
1. Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "vehicle and freight terminals"): and
2. Professional offices. Professional or government offices including:
· Accounting, auditing and bookkeeping services:
· Advertising agencies;
· Architectural, engineering, planning, and surveying services;
· Attorneys;
· Counseling services;
· Court reporting services:
· Data processing and computer services;
· Detective agencies and similar services:
· Educational, scientific and research organizations;
· Employment, stenographic, secretarial and word processing services;
· Government offices including agency and administrative office facilities:
· Management, public relations and consulting services;
· Photography and commercial art studios;
· Writers and artists offices outside the home.
Does not include: Medical offices, which are allowed under "medical services—clinics and laboratories;" or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any non-residential zone as part of an approved principal use.
Offices, Temporary. A mobile home, recreational vehicle, travel trailer, or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project: or a temporary business office in advance of permanent facility construction.
Offices, Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
Outdoor Commercial Recreation. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golfdriving ranges; miniature golf courses (golf courses are included under the definition of "golfcourses, country clubs"); skate-board parks and water slides: go-cart and miniature auto race tracks: recreation equipment rental (for example. non-highway motor vehicles, roller skates): health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs: zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses. such as bars and restaurants (both table service and counter service). and video game arcades.
Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including equipment, and other uses where the business is not conducted entirely within a structure.
Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:. farmer's markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way.
P. Definitions, "P". The following definitions are in alphabetical order.
Paper Product Manufacturing (Land Use). The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes. envelopes, wallpaper, etc.
Parcel. See "lot. or parcel."
Park and Playground Equipment and Facilities. Facilities and equipment in support of active recreation, including traditional playground equipment (such as swings, slides, climbing structures), and athletic facilities (such as ball fields. backstops, bleachers).
Parking Lot/Structure. Private or public parking lot, parking garages or parking structures for the purpose of providing off-street parking to currently licensed and operative cars and trucks with a gross vehicle weight rating (GVWR) of no more than 10,000 pounds.
Parks and Playgrounds. Public and private parks, play lots, playgrounds. and non-professional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.
Parks, Greenbelts, and Landscape Areas. Open space areas providing visual separation between different land uses, which may include some passive recreation opportunities. Active recreation facilities may be al-lowed only where Article II (Zoning Districts. Allowable Land Uses, and Zone Specific Standards) allows "park and playground equipment" in the same zoning district.
Parolee—Probationer Home. Notwithstanding the definition of "rooming and boarding house", any residential structure or unit, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses two or more parolee-probationers (as defined herein), unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee-probationer and/or any individual or public/private entity on behalf of the parolee-probationer, excluding parolee-probationers who reside in a state-licensed residential care facility.
1. Parolee - Probationer. An individual as follows: (1) convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision federal probation officer; (2) who is serving a period of supervised community custody as defined by California State Penal Code Section 3000, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division; or (3) an adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a youth authority parole officer.
Patio. A typically paved outdoor area on the site of a dwelling that is used for lounging, dining, etc.
Permitted Use. A use of land identified by Article 11 (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district, subject to the approval of a zoning clearance, in compliance with Chapter 16.74 (Zoning Clearances).
Person. Any individual, firm, co-partnership. corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal Services. Establishments providing non-medical related services, including beauty and barber shops; clothing rental: dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; laundromats (self-service laundries); shoe repair shops; tanning salons; fortune telling; and massage services performed in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and the provisions of this development code, body piercing, tattooing, electrolysis. These uses may also include accessory retail sales of products related to the services provided. Massage services shall only be performed in accordance with state law and in compliance with the requirements of Chapter 5.18 and Section 16.44.270.
Paving Materials. The manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt. creosote wood and various compositions of asphalt and tar, porous paving or other approved surface alternative.
Personal Services. Establishments providing non-medical related services, including beauty and barber shops; clothing rental: dry cleaning pick-up stores and small-scale dry' cleaners without pick-up and delivery services; laundromats (self-service laundries); shoe repair shops; tanning salons; fortune telling; and therapeutic (non-sexual) massage services, body piercing, tattooing, electrolysis. These uses may also include accessory retail sales of products related to the services provided.
Planning Commission. The Murrieta planning commission, appointed by the Murrieta city council in compliance with Government Code Section 65 101, referred to throughout this development code as the "commission.".
Primary Structure. A structure that accommodates the primary use of the site. Also includes "principal structure."
Primary 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.
Plant Nurseries. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included tinder "residential accessory uses and structures.") The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise."
Plastics and Rubber Products. The manufacture of rubber products including: tires; rubber footwear: mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "auto, mobile home, vehicle and supplies sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure. screen, offset or other common process. including electrostatic (xerographic) copying and other "quick printing" services: and establishments serving the printing trade including silk screening. bookbinding. typesetting, en-graving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.
Private Residential Recreational Facilities. Swimming pools, tennis and other sport courts, playground equipment. and similar facilities and accessory strictures that are operated for the residents of a specific housing project and their guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "residential accessory uses."
Public Safety and Utility Facilities.
1. Public Safety Facilities. Facilities operated by public agencies including fire stations. other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
2. Public Utility Facilities. These uses include any of the following facilities that are not exempted from land use entitlement requirements by Government Code Section 53091: electrical substations, switching stations, and other fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "offices"). or equipment and material storage yards (classified in "storage, outdoor").
Public Transit. Means a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Section 16.44.160 of this title.
Public Utility Facilities (Land Use). Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
· Corporation and maintenance yards
· Electrical substations and switching stations
· Natural gas regulating and distribution facilities
· Public water system wells, treatment plants and storage
· Telephone switching facilities
· Wastewater treatment plants, settling ponds and disposal fields
Q. Definitions, "Q". No definitions beginning with the letter `"Q" are used at this time.
R. Definitions, "R". The following definitions are in alphabetical order.
Range Safety Officer. An individual charged with the responsibility of safety and maintenance of an indoor firing range. Range safety officers shall ensure adherence to all rules and regulations for the health and safety by range users and other employees of the business. Range safety officers shall have the following qualifications: completed a course in firearm safety and instruction; familiar with applicable federal, state, and local laws and regulations pertaining to firearms; and, experience in range operations and management.
Recreational Vehicle (RV). A motor home. travel trailer. truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
1. It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including wardrobe. closets, cabinets. kitchen units or fixtures, and bath or toilet rooms:
2. It contains four hundred (400) square feet or less of gross area measured at maximum horizontal projections;
3. It is built on a single chassis; and
4. It is either self-propelled, truck-mounted. or permanently towable on the highways without a towing permit.
Recycling Facilities.
1. Collection Facility. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of three hundred fifty (350) square feet or less and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; and
(3) Kiosk-type units which may include permanent structures.
c. Large collection facilities which may occupy an area of more than three hundred fifty (350) square feet and may include permanent structures.
2. Convenience Zones. An area within a one-half-mile (½-mile) radius of a supermarket.
3. Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
4. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment. or to an end-user's specifications by means of baling, briquetting. cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types. both of which are included under the land use definition of "recycling, scrap and dismantling yards:"
a. Light processing facility occupies an area of under forty-five thousand (45,000) square feet ofcollection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing facility.
5. Recycling Facility. A center for the collection and/or processing of recyclable materials. A certified re-cycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of state law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrially-designated parcel used solely for the recycling of material generated on the parcel.
6. Recycling or Recyclable Material. Reusable domestic containers including glass. metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials.
7. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
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 container at a time and will pay by weight instead of by container.
8. Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.
Repair and Maintenance—Consumer Products. Service establishments where repair of consumer products is the principal business activity, including: electrical repair shops: television and radio and other appliance repair: watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "Personal Services"). Does not include heavy equipment repair businesses, which are included under "Business Support Services."
Repair and Maintenance—Vehicle. This use includes major and minor categories. Generally, the use includes the repair, alteration, restoration, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, motorcycles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Major vehicle repair facilities deal with entire vehicles; minor facilities specialize in limited aspects of repair (such as muffler and radiator shops, quick-lube). Does not include: automobile dismantling yards which are included under “recycling, scrap and dismantling yards;” automobile parking (see “Parking Facilities/Vehicle Storage”); repair shops that are part of a vehicle dealership on the same site, which are included under “auto, mobile home and vehicle sales;” service stations, which are separately defined; or tire recapping establishments, which are included under “plastics and rubber products.”
Research and Development. Facilities for scientific research, and the design. development and testing of computer software, and electrical. electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under `"Business Support Services," or medical laboratories, which are included under "medical services—clinics and labs."
Residential Accessory Uses and Structures. 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 (swimming pools, spas and hot tubs, workshops, studios. greenhouses, garages, guest houses, 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 "telecommunications facilities").
Residential Care Homes. Facilities providing residential social and personal care for children, the elderly, and people with limited ability for self-care, but where medical care is not a major element. Includes: children’s homes; transitional houses; orphanages; rehabilitation centers; self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of “Assisted Living/Skilled Nursing.”
Residential Massage Establishment. A massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
Restaurant. A retail business selling food and beverages prepared on the site, where customers consume the products on-premise, indoors and/or outdoors.
Retail Stores, General Merchandise. Retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:
· Artists' supplies
· Auto parts (not repair or machine shops)
· Bakeries (retail only)
· Bicycles
· Books
· Cameras and photographic supplies
· Clothing and accessories
· Department stores
· Drug and discount stores
· Dry goods
· Fabrics and sewing supplies
· Florists and houseplant stores (indoor sales only - outdoor sales are "Plant Nurseries")
· General stores
· Gifts, novelties and souvenirs
· Handcrafted items (stores may include crafting operations subordinate to sales)
· Hardware
· Hobby materials
· Jewelry
· Luggage and leather goods
· Musical instruments, parts and accessories
· Newsstands
· Orthopedic supplies
· Pet stores
· Religious goods
· Small wares
· Specialty shops
· Sporting goods and equipment
· Stationery
· Toys and games
· Variety stores
Review Authority. The individual or official city body (the community development services director. planning commission, or city council) identified by this development code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article IV (Development Code Administration).
Rifle. A firearm, typically with a rifled bore, designed to be fired from the shoulder.
Rooming and Boarding Houses. A residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. Included within the definition of "rooming and boarding house" are parolee-probationer home and sober living home as defined herein. Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
S. Definitions, "S". The following definitions are in alphabetical order.
Schools. Public and private elementary, middle, junior high, and high schools serving kindergarten through twelfth (12th) grade students, including denominational and sectarian, boarding schools and military academies. Also includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Pre-schools and child day care are included under the definitions of "child day care centers" and "family care homes."
Schools—Specialized Education and Training. An institution with two or more classrooms and/or meeting rooms that is capable of serving 40 or more students in attendance at any time, and which offers specialized trade and commercial courses intended to achieve a degree, certificate or training in a trade, occupation or field of employment. This includes, but is not limited to, the following types of programs: academics, art, bartending, building trades, business, cabinetry, casino trades, computer technician, construction inspection, cooking, cosmetology, dance, drama, driver education, engine mechanics, heating and air conditioning, language, medical and dental, music, paralegal, secretarial, athletics, vocational and web design. Also includes seminaries and other facilities/institutions providing training for religious ministries, establishments furnishing educational courses by mail or the internet, and institutions that offer specialized programs in personal growth and development.
Secondhand Stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "auto, mobile home, vehicle and parts sales."
Senior Citizen Congregate Care Housing. A structure serving as a residence for a group of senior citizens (sixty (60) years of age or more) with central or private kitchen, dining, recreational and other facilities, with separate bedrooms and/or living quarters. Limited medical care and supervision may also be provided, where the emphasis of the facility remains residential.
Service Station. A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. May also include: mini-markets and other food sales; accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also "yard."
Shopping Center. A structure or structures with at least five separate tenants or occupants whose combined gross floor area totals at least twenty thousand (20,000) square feet, where the director determines that the tenants or occupants are engaging in compatible uses, and which are located on a site where any underlying separate parcels are tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access. Restaurant uses shall need exceed 10% of the gross floor area of a shopping center unless additional on-site parking is provided as required for the type of restaurant proposed.
Short-Term Vacation Rental (STVR). A privately owned single-family residential dwelling or condominium, as applicable, rented for a period of thirty (30) consecutive calendar days or less, for dwelling, lodging, or sleeping purposes, regardless of home-sharing and/or subletting arrangements. For the purposes of this chapter, non-monetary forms of compensation shall also qualify a property as a short-term vacation rental. This definition is inclusive of both hosted rental units and non-hosted rental units.
Shotgun. A firearm intended to discharge a load of small pellets typically intended for firing at short distances.
Sign. See Chapter 16.38 (Signs).
Single Room Occupancy (SRO) (also known as an Efficiency Unit). Housing consisting of single room dwelling units typically with no more than 400 square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both).
Single-family Housing. A structure designed for and/or occupied exclusively by one family. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC).
Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
Skilled Nursing-Short Term. A facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides. Unlike nursing homes or hospitals Skilled nursing-short term facilities provide only limited medical supervision, such as the administration of medication or medical treatment by qualified personal. Stays in a short term skilled nursing facility are limited to average stays of ninety (90) days or less.
Small Family Day-care Homes. See "child day care facilities."
Sober Living Home. A Sober Living Home is a residence or dwelling wherein three (3) or more rooms are, in exchange for monetary or non-monetary consideration, provided or rented to individuals under separate agreements or leases, either written or verbal, who reside in said residence or dwelling for the purpose of recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse. This definition is inapplicable to a residence that is licensed by the State of California as an alcoholism or drug abuse recovery or treatment facility which serves six (6) or fewer persons.
Sports Facilities and Outdoor Public Assembly. Indoor and outdoor facilities for spectator-oriented sports, and other public assembly facilities for outdoor theater, concerts" and events, which include: amphitheaters; arenas; drag strips; fairgrounds; field houses; motorcycle racing facilities; race tracks; stadiums and coliseums; and facilities for other sports that are considered commercial.
Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
Storage, Outdoor.
The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as "mini-storage."
Story. A horizontal section of a building, with a single continuous or primarily continuous floor, including all rooms on the same floor or level of the building.
Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this subsection.
Structural Clay and Pottery Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "handcraft industries and small scale manufacturing" or "home occupations."
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term "structure" includes "buildings."
Studios, Professional. A facility designed and equipped to assist in the practice of a specialized activity and/or provide the means by which an individual or small group (less than 10) can create a product or improve one's skill in a particular endeavor. Includes, but is not limited to, studios for: (1) the creation of works of art; (2) photography; (3) practicing, composing or recording of music; (4) acting; (5) writing; (6) dance; (7) design; and (8) the production of television, movies and other media.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
T. Definitions, "T". The following definitions are in alphabetical order.
Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical trans-mission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, commercial satellite dish antennas, and equipment buildings. Does not include.
1. Home television and radio receiving antennas, including satellite dish antennas of eighteen (18) inches or less in diameter, which are included under "residential accessory uses."
2. Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under "pipelines and utility lines."
Temporary Cargo Containers. It is a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The utilization of these units is limited for temporary construction activities. See Section 16.70.030.N (Temporary Cargo Containers) for additional details.
Temporary Residential Moving Containers. A storage container associated with moving activities at a residence. See Section 16.70.030.M (Temporary Residential Moving Containers) for additional details and parameters.
Textile Products. Manufacturing establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing.
Theaters, Auditoriums and Meeting Halls. Indoor facilities for public assembly and group entertainment, other than sporting events, including: public and quasi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of"sport facilities and outdoor public assembly."
Traffic Safety Sight Area. 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.
Trajectory. A path that a projectile travels from a firearm to the point of impact.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, and railway.
Transitional Housing and Transitional Housing Development. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
Tree Preservation. See Chapter 16.42 (Tree Preservation)
Two-family Housing/Duplexes. Attached multi-family housing structure under single or individual unit ownership containing two dwelling units in the same structure.
U. Definitions, "U".
Unit. See "Housing Unit."
Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Use, Primary. See "Primary Use."
V. Definitions, "V". The following definitions are in alphabetical order.
Variance. A discretionary entitlement that may waive or relax the development standards of this development code, in compliance with Chapter 16.72 (Variances).
Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation.
Vehicle Storage Facilities. Service establishments in the business of storing currently licensed and operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and parking structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by these regulations.) Does not include dismantling yards (classified in “Recycling--Scrap and Dismantling Yards”).
Velocity. The speed that a projectile travels from a firearm to the point of impact.
Veterinary Clinics and Animal Hospitals. Office and medical treatment facilities where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. This use includes large and small animal veterinary clinics, and animal hospitals. Veterinary clinics and animal hospitals may have indoor kennel facilities for the temporary over-night keeping of animals needing medical care. Veterinary clinics and animal hospitals with outdoor and overnight kennel facilities shall be subject to the requirements for kennel and animal boarding facilities contained in Section 16.44.040 E.2.
W. Definitions, "W". The following definitions are in alphabetical order.
Warehousing. Facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are included under "storage, personal storage facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").
Wireless Communications Facilities. See Telecommunications Facilities.
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
X. Definitions, "X". No definitions beginning with the letter "X" are used at this time.
Y. Definitions, "Y".
Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this development code. See Section 16.18.140 (Setback Regulations and Exceptions) and Figure 6-5 (Setbacks).
1. Front Yard. An area extending across the full width of the lot between the front lot line and the required setback.
2. Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback.
3. Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.
Z. Definitions, "Z".
Zoning District. One of the zoning districts established by Section 16.06.010 (Zoning Districts Established), within which certain uses of land and structures are permitted or prohibited, and within which certain set-back, open space requirements, and height limits are established for structures by these regulations.
(Ord. 574-22, Exhibit B-3 (part), 2022;Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 559-20 § 9, 2020; Ord. 556, §§ 31-36, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 537, Exhibit A (part), 2018; Ord. 492 Exhibit 12, 2014; Ord. 489 § 2, 2014; Ord. 482 § 2, 2013; Ord. 480 § 9, 2013; Ord. 455 § 2, 2011; Ord. 441-10 § 3, (part), 2010; Ord. 430-10 § 13, 2010; Ord. 427-09 § 7, 2009; Ord. 412 § 8, 2008;Ord. 388 §§ 4, 5, 6, 2007; Ord. 382 §§ 2, 3, 4, 2007; Ord. 377 § 2, 2006; Ord. 369 § 4, 2006; Ord. 337 § 11, 2005; Ord. 297 § 3, 2004; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)