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(a) EARTH MATERIAL. Rock, natural soil or combination thereof.
(b) EASEMENT. A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another entity, including:
(1) ROAD EASEMENT. Any property that is reserved for or in general use for road purposes to provide access for the public to otherwise inaccessible parcels of land, provided that the easements are not included in the definition herein of STREET.
(2) ROAD EASEMENT, PRIVATE. Any property that is reserved for road purposes to provide access for property owners to their private property, provided that the easements are not included in the definition of STREET herein.
(c) EDUCATIONAL ANIMAL PROJECT. An animal husbandry project under the supervision of an educationally oriented youth program or organization connected to a school or non-profit organization (e.g., 4-H, Future Farmers of America, etc.)
(d) EDUCATIONAL INSTITUTIONS. See SCHOOLS.
(e) ELECTRICAL POWER GENERATION. (See Land Use Tables.) A facility that generates and distributes electrical energy for sale. The electricity may be generated from oil, gas, coal or fuels or from “alternate” sources including water, wind, the sun, bio gas, municipal or agricultural wastes. This includes COGENERATION, which means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by electric power production or the reverse. See also WIND ENERGY SYSTEM.
(f) EMERGENCY ACCESS ROUTE. See ROAD SYSTEM.
(g) EMERGENCY SHELTER. (See Land Use Tables.) Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
(h) ENDANGERED ANIMALS. See ANIMALS.
(i) ENDANGERED SPECIES. See RARE OR ENDANGERED SPECIES.
(j) ENFORCEMENT. For the purposes of this Code, certain words relative to enforcement are defined as follows:
(1) ABATEMENT COSTS. Any and all costs or expenses reasonably related to the abatement or removal of conditions which violate any provision of this Code or any permit or any condition of land use approval granted pursuant thereto or the correction of such violation, and shall include, but not be limited to, enforcement, investigation, collection, and administrative costs; and attorney’s fees.
(2) ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the County from the first discovery of the violation of the this Development Code or any permit or condition of land use approval granted pursuant thereto through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence.
(3) CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO and SAN BERNARDINO COUNTY CODE and THIS CODE. The San Bernardino County Development Code (Title 8 of the San Bernardino County Code), including all pertinent provisions of State codes as adopted therein, enacted by the Board of Supervisors of the County of San Bernardino acting pursuant to authority granted under the County Charter, Government Code §§ 25126, 25127, and 25128; or other applicable law.
(4) ENFORCEMENT OFFICER. Any County employee or agent of the County with the authority to enforce any provision of the Development Code, specifically:
(A) The Deputy Director, each Code Enforcement Supervisor, and each Code Enforcement Officer or other designated employee of the Code Enforcement Division of the Land Use Services Department;
(B) The Fire Chief/Fire Warden, each Deputy Chief, each Assistant Chief, each Division Chief, the Fire Marshal, Assistant Fire Marshal, each Fire Prevention Supervisor, and each Fire Prevention Officer or other designated employees of the County Fire Department;
(C) The Director and each Inspector or other designated employees of the Environmental Health Services Division of the Department of Public Health;
(D) The Program Manager and each Animal Control Officer or other designated employees of the Animal Care and Control Program of the Environmental Health Division of the Department of Public Health;
(E) The Sheriff-Coroner and each Deputy Sheriff (all ranks) or other designated employee of the Department of the Sheriff-Coroner;
(F) Any other Director and other designated employee of a County department as designated by the County Administrative Officer.
(5) PERSON. Any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity, which is recognized by law as the subject of rights or duties.
(6) RESPONSIBLE PARTY. For the purpose of this Chapter shall mean each person committing or allowing the violation or causing a condition on a parcel of real property located within the unincorporated area of the County of San Bernardino to violate any provision of this Development Code or any permit or any condition of land use approval granted pursuant thereto; each person who has an ownership interest in that property; and each person who, although not an owner, nevertheless has a legal right or legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor’s parents or legal guardian shall be deemed the responsible party for that violation. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall be deemed responsible parties.
(k) ENHANCED SPECIALIZED MOBILE RADIO SERVICE. See WIRELESS TELECOMMUNICATION FACILITY.
(l) ENTERTAINMENT ASSEMBLY. See SPORTS OR ENTERTAINMENT ASSEMBLY.
(m) ENTERTAINMENT SERVICES. See RECREATION AND ENTERTAINMENT SERVICES.
(n) ENVIRONMENTAL CONSTRAINTS. Environmental factors that limit or inhibit the potential for land development, including, but not limited to, flood hazards, seismic hazards, air quality and water supply.
(o) ENVIRONMENTAL IMPACT. Projected long-term or short-term effects (adverse or beneficial) that a development project or plan may have on the natural and built environment if the project is carried out.
(p) ENVIRONMENTAL IMPACT REPORT (EIR). An environmental impact report (EIR) is the public document used by a governmental agency to analyze the significant environmental effects of a proposed project, to identify alternatives, and to disclose possible ways to reduce or avoid possible environmental damage.
(q) ENVIRONMENTAL REVIEW GUIDELINES. Written procedures adopted by the Board of Supervisors for the purpose of implementing the requirements of the California Environmental Quality Act (CEQA).
(r) EQUESTRIAN FACILITY. (See Land Use Tables.) A commercial facility for horses, donkeys, and/or mules. Examples include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which is instead included in ANIMAL KEEPING. Does not include rodeo arenas, which are under RURAL SPORTS AND RECREATION.
(s) EQUIPMENT RENTAL. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.
(t) EROSION. The wearing away of the ground surface as a result of the movement of wind or water or machine.
(u) EROSION, ACCELERATED. Erosion caused by a human induced alteration of the vegetation, land surface, topography or runoff pattern. Evidence of accelerated erosion is often indicated by exposed soils, gullies, rills, sediment deposits or slope failures caused by human activities.
(v) EROSION HAZARD. The susceptibility of a site to erode based on condition of slope, rock type, soil and other site factors. Hazard may be determined based on a site-specific investigation and the soil disturbance may be caused by wind, water or machine.
(w) ESTABLISHED LANDSCAPE. The Point at which plant material within the landscaped areas have established a significant root growth. A typical timeframe for plant material establishment ranges between one to two years of growth.
(x) ESTIMATED ANNUAL WATER USE (EAWU). The estimated total water use per year for a landscape, as calculated with the formula found in County Code § 83.10.050(a)(4)(B).
(y) EXOTIC ANIMAL. Any warm-blooded or cold-blooded animal of the biological kingdom Animalia generally considered as wild, exotic, dangerous, venomous or not normally domesticated and as determined by County veterinarian. Includes genetically engineered animals.
(z) EXPANSIVE SOILS. See SOIL.
(aa) EXPLORATION or PROSPECTING. The search for minerals by geological, geophysical, geochemical, or other techniques. These include but are not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of mineral present.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4136, passed - -2011; Am. Ord. 4230, passed - -2014)