San Jacinto City Council
November 15, 2022

Auto Dismantling, Salvaging, or Wrecking. See “Recycling, Scrap, and Dismantling Yards.” Auto Parts Sales. See “Vehicle Parts Sales.”
Auto Rental. See “Vehicle Rental Services.”
Auto Repair. See "Vehicle Services."

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Packet Pg. 5432 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) – This page intentionally left blank
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Packet Pg. 5433 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.030 – Definitions, “B”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Bail Bond Service. An establishment in which a bail bondsman, who is licensed in compliance with California Insurance Code Section 1800 et seq. to solicit, negotiate, issue, and deliver bail bonds, coordinates the release of arrested persons until their court appearance.

Bakery Products (Land Use). A manufacturing business specializing in the preparation of baked goods (breads, cakes, cookies, donuts, etc.), from raw materials, with the retail sale of the products primarily occurring off the site. Does not include facilities where baking activities are entirely in support of the retail sale of baked goods on the same site (see “Retail, General”).

Balcony. A balustrade or railed elevated platform projecting from the wall of a residence, with access from stairs outside the residence or a door from inside the residence.

Banks and Financial Services (Land Use). Financial institutions including:
 banks, savings, and trust companies
 credit agencies
 credit unions
 holding (but not primarily
operating) companies
 lending and thrift institutions
 other investment companies
 securities/commodity contract
brokers and dealers
 security and commodity exchanges
 mortgage services
 vehicle finance (equity) leasing
agencies

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Packet Pg. 5434 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) See also "ATM (Automated Teller Machine)." Does not include check cashing stores, which are instead defined under "Personal Services - Restricted." Banquet Hall. An establishment that is rented by individuals or groups to accommodate private functions (e.g., banquets, weddings, anniversaries, etc.). May or may not include: (1) kitchen facilities for the preparation or catering of food; (2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and (3) outdoor gardens or reception facilities. See “Assembly/Meeting Facilities, Public or Private.” Places of Assembly.”
Bars, Lounges, and Nightclubs (Land Use). Establishments engaged in selling or serving alcoholic beverages for consumption on the premises, with or without live entertainment, as regulated by Section 17.430.040 (Alcohol Sales). Does not include “Hookah Lounges.” Batting Cage. A facility or portion thereof that provides for the timed rental of portioned, fenced enclosures in which individuals swing a bat at baseballs or softballs thrown in their direction through the use of an automatic mechanical device. See “Commercial Recreation Facilities, Indoor.”
Beauty Salon. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation. May include accessory massage services (see “Massage Establishments and Services”) and the application of permanent makeup to enhance eyebrows, eyes, and lips or to camouflage scars in a manner that makes them look natural. See “Personal Services.”
Bed and Breakfast Inn. See “Lodging.”
Bedroom. An enclosed space in a structure that is designed to be used for sleeping purposes; that meets the room dimension requirements of the most recent edition of the California Building Code; that is not accessed directly from the garage; and that has one or more windows.

Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Bicycle Facilities. A general term describing improvements and provisions to accommodate or encourage bicycling, including parking facilities, maps, all bikeways, and shared roadways not specifically designated for bicycle use.

Bicycle Parking Space. An area that is equipped with a bicycle rack or bicycle storage locker for the purpose of parking and securing bicycles.

Billiard Hall. See “Poolroom.”

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Packet Pg. 5435 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Bingo Game Operations (Land Use). Any operation sponsored and run by a nonprofit organization that provides entertainment in the form of a group game in which letters and numbers are commonly called and individually marked on a player's game board.

Boat Sales. See “Vehicle Rentals, Sales, and Services.” Broadcasting Studio (Land Use). Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with all facilities, except for antenna, located entirely within structures.

Brow Ditch. A small to moderate depression created to channel water. Typically, these ditches are placed upslope of an excavation in order to intercept and direct surface water runoff in areas where overland flow is likely to occur.

Building. See “Structure.”
Building and Landscape Materials Sales (Land Use). An indoor or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, portable spas, and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products. Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. May also include the rental of tools and equipment used in the building trades. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Building Envelope. The ground area of a lot which is defined by the minimum setback requirements within which construction of a principal structure and any attached accessory structures is permitted. See “Setback.” See Figure 8-3 (Building Envelope).

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Packet Pg. 5436 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Figure 8-3
Building Envelope
Building Official. The Building Official of the City of San Jacinto, or authorized designee(s).

Bulk Merchandise. See “Retail Sales.”
Business. A use or activity involving the sale or rental of goods, or the sale or furnishing of services of any kind, or any commercial enterprise.

Business Park. An area of land planned, developed, and operated as an integrated facility for a number of business uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Business Support Service (Land Use). An establishment within a structure that provides services to other businesses including maintenance, repair and service, testing, rental, etc.

Examples of these services include:
 computer-related services (rental, repair)
 copying and quick printing services
 film processing and photofinishing (retail)
 graphic design services
 mailing and mail box services
 security systems services

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Packet Pg. 5437 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
 testing laboratories (soils, materials testing, etc.) – This area intentionally left blank –

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Packet Pg. 5438 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.040 – Definitions, “C”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Calendar Day. A 24-hour time period measured from midnight to midnight.

California Environmental Quality Act (CEQA). Section 21000 et seq. of the Public Resources Code that requires State, regional, county, and local agencies to conduct environmental review for any discretionary activity proposed to be carried out or approved by those agencies.

Call for Review. See Section 17.715.030 (Calls for Review).

Campgrounds. See “Recreational Vehicle Parks.”
Cannabis. Terms shall be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Chapter 1 of Division 10 of the Business and Professions Code, the Cannabis Cultivation Program, Chapter 1, Division 8, Title 3 of the Code of Regulations, and the California Uniform Controlled Substances Act, Chapter 1 of Division 10 of the Health and Safety Code as indicated. The definitions, as they appear as of the adoption of this ordinance, are included for reference purposes in italics and may be amended, administratively, to be consistent with changes in the associated state codes.

A-license has the same meaning as in Section 26001 of the Business and Professions Code. “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.

A-licensee has the same meaning as in Section 26001 of the Business and Professions Code. “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.

Cannabis has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this

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Packet Pg. 5439 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

Cannabis Oriented Business means any business which cultivates, manufactures, produces, distributes, sells, or tests cannabis or cannabis products, whether wholesale or retail, for medical or recreational purposes.

Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.

As of the writing of this ordinance, “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activity has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division [Division 10 Cannabis {26000- 26250}].

Cultivation has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.

Cultivation site has the same meaning as in Section 8000 of the Code of Regulations Code. “Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

Dispensary shall mean any establishment which engages in the retail sale of cannabis for medical or recreational purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

Distribution has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.

Indoor Cultivation (Land Use) means the cultivation of cannabis that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure and is different than defined in Section 8000 of the Code of Regulations Code.

Industrial hemp has the same meaning as in Section 11018.5 of the Health and Safety Code. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every

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Packet Pg. 5440 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Industrial hemp shall not be subject to the provisions of [Division 10 (commencing with Section 11000) of the Health and Safety Code] or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

M-license has the same meaning as in Section 26001 of the Business and Professions Code. “M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.

M-licensee has the same meaning as in Section 26001 of the Business and Professions Code. “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.

Marijuana refer to Cannabis.

Medicinal cannabis or medicinal cannabis product has the same meaning as in Section 26001 of the Business and Professions Code. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

Microbusinesses (Land Use) has the same meaning as in Section 26070 of the Business and Professions Code. “Microbusiness,” for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by [Division 10 of the Business and Professions Code] on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 [of the Business and Professions Code].

Outdoor Cultivation (Land Use) mean the cultivation and distribution of cannabis that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “Mixed-Light cultivation” and “outdoor cultivation” as defined in Section 8000 of the Code of Regulations:

1. “Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure.

2. “Outdoor cultivation” means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.

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Packet Pg. 5441 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Testing laboratory (Land Use) has the same meaning as in Section 26001 of the Business and Professions Code. “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

2. Licensed by the Bureau of Cannabis Control.

Caretaker Housing (Land Use). A permanent residence on the site of a nonresidential use. The residence is secondary or accessory to the principal nonresidential use of the site and houses a caretaker employed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Cargo Container. Unmodified, stackable, metal shipping containers not permanently affixed to the ground and used for accessory storage. Subject to the requirements in Section 17.430.100 (Cargo Containers).

Carpet/Upholstery Cleaning Plants (Land Use). A facility that provides carpet and upholstery cleaning services.

Carport. A permanent roofed structure, not completely enclosed, to be used for covered motor vehicle parking.

Car Sharing. A practice where people become members in a formal or informal organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.

Car Washing. See “Vehicle Services.”
Catering Service (Land Use). A business that prepares food and beverages for consumption on the premises of a client.

Cemetery (Land Use). A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or any combination of these.

Chain Grocery Store. See entry under “Food and Beverage Services.” Check-Cashing Stores. See “Personal Services – Restricted.” Chemical Product Manufacture, Wholesaling and Distribution (Land Use). Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: biofuels; basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in

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Packet Pg. 5442 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or chemicals 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, except as part of retail trade. Does not include the manufacture of drug products (see “Drug Manufacturing”).

Child Day Care (Land Use). Nonmedical care and supervision of children on a less than 24- hour basis.

Small Child Day Care (Eight or fewer children). Day care facilities located in singleunit dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

Large Child Day Care (Nine to 14 children). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

General Day Care (15 or more children). Establishments that provide nonmedical care for 15 or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers for children.

City Engineer: The City Engineer of the City of San Jacinto, or authorized designee(s).

City Manager. The City Manager of the City of San Jacinto or authorized designee(s).

Clear Sight Triangle. See “Traffic Visibility Area.”
Clothing and Fabric Products (Land Use). Manufacturing establishments assembling clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal Services”). See also “Furniture/Fixtures Manufacturing, Cabinet Shops” and “Textile and Leather Product Manufacturing.”
Club. An association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

Commercial Recreation Facilities (Land Use). Establishments providing amusement and entertainment services for a fee or admission charge, including the following activities:

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Packet Pg. 5443 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Indoor. Facilities for various indoor participation or spectator sports and types of recreation where a fee is charged for use, including:
 arenas/stadiums
 baseball and softball training
facilities
 basketball courts
 billiard halls (pool rooms)
 bingo halls (excluding
nonprofit activities)
 bowling alleys
 boxing clubs
 dance halls , clubs, and
ballrooms
 handball courts
 ice rinks
 laser tag
 paintball
 racetracks (scale model
vehicles operated by remote
control)
 racquetball courts
 shooting galleries
 skating rinks
 soccer centers
 swim centers
 tennis courts
 trampoline and gymnastics
centers
May also include commercial facilities customarily associated with the above indoor commercial recreational uses, including bars and restaurants (see Section 17.430.040 (Alcohol Sales). Does not include facilities with five or fewer arcade machines (see “Accessory Amusement Devices”); facilities with six or more arcade machines (see “Arcades”); bingo games held by nonprofit organizations (see “Bingo Game Operations”); or health and fitness facilities (see “Health and Fitness Facilities”).

Outdoor. Facilities for various outdoor participation or spectator sports and types of recreation where a fee is charged for use, including:
 amphitheaters
 baseball
 basketball
 batting cages
 bocce ball
 drive-in movie theaters
 football
 go cart and miniature auto
race tracks
 golf courses
 golf driving ranges separate
from golf courses
 handball courts
 health and athletic club
outdoor facilities
 lacrosse
 miniature golf courses
 racing and drag strips
(automobile, truck, and
motorcycle)
 paintball

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Packet Pg. 5444 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  race tracks (remote control)
 rugby
 shooting ranges
 skateboard parks
 soccer
 softball
 stadiums and coliseums
 swim and tennis clubs
 tennis courts
 volleyball
 water slides
 zoos
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and food service (see Section 17.430.040 (Alcohol Sales), video game arcades, etc. Does not include Recreational Vehicle Parks (“Recreational Vehicle Parks”).

Commercial Bakery, Food, or Beverage Manufacturing or Processing Bakery Products (Land Use). A manufacturing business specializing in the preparation of baked goods (breads, cakes, cookies, donuts, etc.) , or prepared foods from raw materials, or bottling or manufacturing beverages with the retail sale of the products primarily occurring off the site. Does not include facilities where baking activities are entirely in support of the retail sale of baked goods on the same site (see “Retail, General”). Does not include breweries, distilleries, or other alcohol based products.

Commercial Vehicle or Truck. See “Vehicle, Commercial.” Commission. The Planning Commission of the City of San Jacinto.

Community Care Facilities. Any facility, place, or building that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following, as identified by the Community Care Facilities Act (Health & Safety Code Section 1500 et seq.).
 Residential care facility
 Adult day program
 Therapeutic day services facility
 Foster family agency
 Foster family home
 Small family home
 Social rehabilitation facility
 Community treatment facility
 Full-service adoption agency
 Non-custodial adoption agency
 Transitional shelter care facility
 Transitional housing placement
facility

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Packet Pg. 5445 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Includes those facilities, places, or buildings that are both subject to regulation by the State of California and actually licensed by the State of California. Does not include a facility, place, or building that may otherwise be regulated by the State of California, but that is not actually licensed by the State of California (“Congregate Living Facility”). Does not include “Child Day Care Facilities” or “Organizational Houses.”
Congregate Care Facility (Land Use). A 24-hour intermediate care facility that provides skilled nursing and congregate living for, but not limited to, the developmentally disabled, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children.

Convalescent Facility (Land Use). An establishment that provides care on a 24-hour basis for persons requiring regular medical attention. Patients include those with postoperative, convalescent, chronic illness, or dietary problems, and persons aged or infirm unable to care for themselves. Does not include facilities providing outpatient medical services or surgical services (see “Medical Services – Clinic, Laboratory, Urgent Care” and “Medical Services -Hospitals.”)
Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Residential Care Facility (Land Use). A facility, place or building that is maintained and operated to provide 24-hour non-medical residential care for, but not limited to, developmentally disabled, physically mentally impaired, incompetent persons, and abused or neglected children.

Residential Care Facility for the Elderly (Land Use). A housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or (if applicable pursuant to Health and Safety Code Section 1569.2) personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility.

Supportive Housing (Land Use). As defined in Health and Safety Code Section 50801(e), housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site 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.

Transitional Housing (Land Use). As defined in Health and Safety Code Section 50801(i), Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. May include self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing.

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Packet Pg. 5446 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Community Preservation Committee. See Municipal Code Section 8.44.020 (Definitions).

Conditional Use. A use of land identified by Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards) as being allowed in a particular zone subject to the approval of a Conditional Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Conditional Use Permit. A type of discretionary permit that, if approved, would allow a use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities, in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards). The additional control is to ensure that the proposed particular use on a particular site is compatible with other existing or permitted uses surrounding the site. See Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Condominium. A structure or group of structures, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Includes development in which the individual owns land directly below the "footprint" of a unit, and all other land within the project is owned in common. Includes a condominium project, community apartment project, or stock cooperative, as defined in Civil Code Section 1351.

Condominium Project. The entire parcel of real property proposed to be used or divided, as land or airspace, into two or more units as a condominium.

Condominium Unit. The particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupiers.

Congregate Care Facility (Land Use). See “Community Care Facilities.” Congregate Living Facility (Land Use). A residence or dwelling, other than a hotel or motel, wherein two 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, in order to preserve the residential character of the neighborhood. Does not include a congregate care facility (see “Community Care Facility”) that is properly licensed by the State of California, and does not include an organizational house (see “Organizational House”), and does not include a group home for persons with disabilities (see “Group Home for Persons with Disabilities”). (ord. 14-03, adopted May 6, 2014)
Contour. A line drawn on a contour map or plan which connects points of equal elevation.

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Packet Pg. 5447 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Contour grading. A grading technique designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

Contour grading does not necessarily minimize the amount of cut (“Cut”) and fill (“Fill”).

Contractor Base Facility – Indoor (Land Use). Office and storage facilities 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 such as repair facilities. Includes building contractors, landscape contractors, sign contractors, etc.

Contractor Construction Base Facility / Yard - Outdoor (Land Use). Office, and indoor, or outdoor Outdoor storage facilities 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 such as repair facilities.

Includes building contractors, landscape contractors, sign contractors, etc. May include indoor office and storage.

Contractor Construction/Storage Yard (Land Use). Indoor or outdoor storage facilities 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. Includes building contractors, landscape contractors, sign contractors, etc.

Convenience Market (Land Use). Retail establishments that sell prepackaged food items, beverages and small convenience items (e.g., periodicals, tobacco, miscellaneous household and pharmaceutical goods, etc.) primarily for off-site consumption; that typically have long or late hours of operation; that are in relatively small structures located along heavily traveled streets.

This term excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat or fish (see “Food and Beverage Sales”). Includes establishments located within or associated with another use (e.g., service stations) (see “Vehicle Services - Service Stations”). May also sell alcoholic beverages (see Section 17.430.040 (Alcohol Sales).

Conversion of Residential Structures. The use of residential structures converted for combined residential and nonresidential use or converted for solely nonresidential use.

Cottage Business. An accessory use, subordinate to the principal residential use of the property, operated by persons residing in the principal dwelling unit on the same parcel of land upon which the cottage business is located (See Section 17.430.150 (Cottage Businesses). Additionally, the use may be carried out in an accessory structure on the same parcel or on a parcel adjacent to the principal dwelling owned by the same person. The cottage business constitutes, either entirely or partly, the livelihood of the person living in the dwelling unit. A cottage business

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Packet Pg. 5448 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) may also include a home occupation (see “Home Occupations”). Examples of these uses include, but are not limited to:
 Clothing tailors and seamstresses
 Contractor’s storage yard
(maximum of 200 sq. ft. outdoor
storage
 Electronic/computer equipment
repair and maintenance
 Engine repair, small (excludes motor
vehicle engines)
 Household goods repair and
maintenance (minor)
 Janitorial, housekeeping, and lawn
care services
 Locksmith shop
 Specialty trade contractors (e.g.,
drywall, electrical, landscaping,
masonry, painting, plumbing,
roofing, etc.)
 Pest control services
 Trucking business (Max 2 trucks
with trailers)
 Upholstery, cabinet, and
woodworking shops
Council. The City Council of the City of San Jacinto.

Covenant of Easement. See Section 17.660.120 (Covenants of Easements).

Coverage.

Impervious Surface Coverage. The area of a parcel covered by structure(s) and other impervious surface(s), expressed as a percentage of the total parcel area. See also “Impervious Surface.” See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).

Structure Coverage. The area of a parcel covered by a structure or structures, expressed as a percentage of the total parcel area. See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).

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Packet Pg. 5449 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Figure 8-4
Impervious Surface Coverage and Structure Coverage

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Packet Pg. 5450 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Crop Production, Horticulture, Orchard. See “Agricultural Activities and Facilities.” Cultural Institutions (Land Use). Public or private institutions that display or preserve objects of community or cultural interest in one or more of the arts or sciences. Examples of these uses include:
 art galleries
 libraries
 museums
Cut. Earth material removed by artificial means (e.g., excavation or any other form of human activity) or the act of removing the material. See Figure 8-5 (Cut and Fill). See also “Fill.” Figure 8-5
Cut and Fill

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Packet Pg. 5451 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800

DEFINITIONS
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Packet Pg. 5452 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.050 – Definitions, “D”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Dairies. See “Livestock and Dairy Operations.”
Day. Unless otherwise specified, a calendar day. See “Calendar Day.” See Section 17.105.020.D. (Rules of Interpretation – Time limits).

Day Care Facility (Land Use). Nonmedical care and supervision of children or adults on a less than 24-hour basis.

Small (Eight or fewer people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for eight or fewer people.

Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

Large (Nine to 14 people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for nine to 14 people. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.

General (15 or more children). Establishments that provide nonmedical care for 15 or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers.

Day Spa. An establishment that offers a combination of non-medical personal services typically found in a beauty shop (i.e., hair, nail and skin care) and spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. May include “Massage Services”.

Development Review Committee. See Section 17.700.060 (Development Review Committee).

See also “Pre-Development Review Committee.”
Director. The Planning Director of the City of San Jacinto, or authorized designee(s).

Disability or Handicap. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

Donation Box. See “Recycling Facilities.”

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Packet Pg. 5453 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).

Drive-Through Retail (Land Use). A facility where food or other products may be purchased by motorists without leaving their vehicles. Examples of drive-through retail facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc.

Drive-Through Service (Land Use). A facility where services may be obtained by motorists without leaving their vehicles. Examples of drive-through service facilities include drivethrough bank teller windows, dry cleaners, automated teller machines, etc., but do not include gas stations or other vehicle services, which are separately defined.

Drug Manufacturing (Land Use). The manufacture of medicinal chemicals and botanical products, pharmaceutical preparations, diagnostic substances, and biological products, for human or veterinary use.

Duplex. See “Dwelling, Two-Family.”
Dwelling. A structure or portion of a structure designed for residential purposes, including single-family, two-family, and multi-family dwellings.

Dwelling, Multi-Family (Land Use). A structure or development containing three or more dwelling units, each of which is for occupancy by one or more persons living as a Single Housekeeping UnitHousehold (see “Single Housekeeping UnitHousehold”). Includes: triplexes (structures under one ownership with three dwelling units in the same structure); fourplexes (structures under one ownership with four dwelling units in the same structure); apartments (five or more dwelling units under one ownership in a single structure or complex); and common ownership, attached unit projects including condominiums (see “Condominiums”) and townhouses (see “Townhouses.” Does not include duplexes (see “Dwelling, Two Unit”).

Dwelling, Single-Family (Land Use). A structure containing one dwelling unit located on a single parcel for occupancy by one Single Housekeeping UnitHousehold (see “Single Housekeeping UnitHousehold”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.

Attached Single-Family Dwelling. A dwelling that is attached to another dwelling, excluding accessory dwellings. Each dwelling is owned in fee, located on an individual parcel, and is joined to another dwelling along a single lot line. Each dwelling is totally separated from the other by an unpierced vertical wall extending from ground to roof.

Row houses and town homes are examples of this dwelling unit type.

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Packet Pg. 5454 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Detached Single-Family Dwelling. A dwelling that is not attached to any other dwelling. The dwelling is owned in fee and is located on an individual parcel.

Dwelling, Two-Family (also known as a duplex) (Land Use). A structure located on a single parcel and containing two dwelling units, each of which is for occupancy by one Single Housekeeping UnitHousehold (see “Single Housekeeping UnitHousehold”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.

Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for occupancy by one Single Housekeeping UnitHousehold (see “Single Housekeeping UnitHousehold”).
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Packet Pg. 5455 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

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DEFINITIONS
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Packet Pg. 5456 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.060 – Definitions, “E”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Easement. See Section 17.660.120 (Covenants of Easements).

Educational Facility, Private or Public (Land Use). An institution (e.g., a private or public school, college or university) that conducts general academic instruction equivalent to the standards prescribed by the State Board of Education, or confers degrees to students of undergraduate or graduate standing, or conducts academic or scientific research, or gives religious instruction.

Academic K–12. An institution that offers instruction in several branches of learning and study required to be taught in the public schools by the State Education Code.

Includes elementary, middle, junior high, and high schools serving kindergarten through 12th grade students. Does not include preschools and child day care (see "Child Day Care (Land Use)").

College or University. A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public colleges, universities, and technical schools
Commercial Schools. Non-degree granting business, secretarial, and vocational schools offering specialized trade and commercial courses. Includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (including arts, communications, environmental awareness, fitness, and management, as examples) and the following specialized schools:
 art school
 business, secretarial, and
vocational school
 computers and electronics
school
 dance school
 drama school
 driver education school
 establishments providing
courses by mail or internet
 language school
 music school
 personal growth and
development (including arts,

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Packet Pg. 5457 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
communications,
environmental awareness,
fitness, and management)
 photography school
 seminaries/religious ministry
training facility
 tutoring centers
See also the definition of “Studio - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.

Efficiency Unit. See “Studio ApartmentAccessory Dwelling Unit.” Electric Vehicle Charging Station. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

Electronics, Equipment, and Appliance Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
 appliances such as stoves/ovens,
refrigerators, freezers, laundry
equipment, fans, vacuum cleaners,
sewing machines
 aviation instruments
 computers, computer components,
and peripherals
 electrical transmission and
distribution equipment
 electronic components and
accessories
 semiconductors, integrated circuits,
related devices
 electronic instruments, components
and equipment such as calculators
and computers
 electrical welding apparatus
 lighting and wiring equipment such
as lamps and fixtures, wiring
devices, vehicle lighting
 industrial apparatus
 industrial controls
 instruments for measurement,
testing, analysis and control,
associated sensors and accessories

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Packet Pg. 5458 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  miscellaneous electrical machinery,
equipment supplies such as
batteries, X-ray apparatus and tubes,
electromedical and
electrotherapeutic apparatus,
electrical equipment for internal
combustion engines
 motors and generators
 optical instruments and lenses
 photographic equipment and
supplies
 radio and television receiving
equipment such as television and
radio sets
 surgical, medical and dental
instruments, equipment, supplies
 surveying and drafting instruments
 telephone apparatus
 transformers, switch gear, and
switchboards
 watches and clocks
Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Services”), or research and development facilities separate from manufacturing (see “Research and Development”).

Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. See “Care Facilities.”Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee Housing (Land Use). Employee housing for six or fewer employees in a singlefamily dwelling, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Qualified employee housing for six or fewer employees is subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.

Entertainment, Live. See “Live Entertainment.”
Equipment Rental (Land Use). A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction and heavy equipment rental (see "Construction and Heavy Equipment Rental").

Establishment. Any business (see “Business”).

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Packet Pg. 5459 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800

DEFINITIONS
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Packet Pg. 5461 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.070 – Definitions, "F"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Fair Housing Laws. Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927c(1) and 12955(1), as amended from time to time.

Family. See “Single Housekeeping Unit.”
Farm Supply and Feed Store (Land Use). A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, feed for domestic pets and farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks or other animals if authorized by the approved permit. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of "Construction and Heavy Equipment Sales and Rental."
Farmers Market (Land Use). The temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.

Feed Store. See “Farm Supply and Feed Store.”
Fence or wall. A structure, solid or otherwise, that is 18 inches or more in height, the purpose of which is to either partially or totally define parcel boundaries, create or define portions of yards, or secure private areas. Does not include “Hedge.” Fill. Earth material placed by artificial means (e.g., truck import or any other form of human activity) or the act of placing the material. See Figure 8-3 (Cut and Fill). See also “Cut.” Fire Chief. The Fire Chief of the City of San Jacinto, or authorized designee(s).

Flatwork. Where the ground is covered with non-structural concrete, asphalt, or any material that creates an impervious surface. See “Impervious Surface.” Flex-Time. Allowing employees to alter regular hours of work by extending the work day in the morning or evening or both.

Floor Area Ratio. The mathematical relation between volume of building and unit of land expressed as the ratio of gross floor area of all structures on a lot to total lot area. See Figure 8-6 (Floor Area Ratio).

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Packet Pg. 5462 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Figure 8
-6
Floor Area Ratio

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Packet Pg. 5463 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Food and Beverage Product Manufacturing (Land Use). Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
 bottling plants
 breweries
 candy, sugar and confectionery
products manufacturing
 catering services separate from
stores or restaurants
 coffee roasting
 dairy products manufacturing
 fats and oil product manufacturing
(rendering excluded)
 fruit and vegetable canning,
preserving, related processing
 grain mill products and by-products
 meat, poultry, and seafood canning,
curing, by-product processing
 soft drink production
 wine production
 miscellaneous food item preparation
from raw products
Does not include bakeries (see “Bakery Products”) or beer brewing as part of a brew pub, bar or restaurant (see “Bars, Lounges, and Nightclubs”).

Food and Beverage Sales (Land Use). A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales.

Does not include catering service (see “Catering Service”) or convenience markets (see “Convenience Markets”).

Chain Grocery Stores. Retail establishments that generally maintain a minimum gross floor area of 30,000 square feet and carry a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods). Chain groceries are operated by businesses that have three or more store locations. Includes retail bakeries, where on-site baking is only for on-site sales.

Neighborhood Grocery. Retail establishments that occupy a maximum gross floor area of 10,000 square feet and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods.

Small Format Grocery. Retail establishments that occupy more than 10,000 or less than 30,000 square feet of gross floor area and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods,; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods. Small Format Groceries feature more limited product selection and merchandise display

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Packet Pg. 5464 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Specialty Food. Retail establishments that generally carry a limited and focused range of food products (e.g., bakery, butcher, cheese store, delicatessen, health food, ice cream/yogurt shop, produce market, or food stuffs associated with a particular nationality, religious observance, dietary practices, or cuisine, etc.) Food Service Establishment (Land Use). A retail business selling ready-to-eat food or beverages for on- or off-premise consumption. These include businesses where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Outdoor dining facilities shall meet the standards in Section 17.430.230 (Outdoor Dining). Does not include establishments selling alcoholic beverages (see “Alcohol Sales”).

Fortune Teller. See “Personal Services – Restricted.”
Fourplex. See “Dwelling, Multi-Family.”
Fuel Dealer (Land Use). A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.

Furniture/Fixtures Manufacturing, Cabinet Shops (Land Use). Manufacturers producing:
wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public space 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 (see “Lumber and Wood Products”). — This area intentionally left blank —

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Packet Pg. 5465 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.080 – Definitions, "G"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Garage, Private. An accessory structure, or an accessory portion of the primary structure, which is enclosed on all sides and is designed or used primarily for parking of motor vehicles by the occupants of the primary structure.

Garage Sale (Land Use). See Municipal Code Chapter 5.24 (Garage Sales) and also Chapter

17.640 (Temporary Use Permits).

General Plan. The City of San Jacinto General Plan, as amended.

Government Facility (Land Use). An area or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public (e.g., corporate yard, city hall, community recreation center, post office, library, etc.).

Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project.

Grade, Finished. The surface of the ground or pavement at a stated location as it exists after completion of a project.

Grade, Natural. The unaltered natural surface of the ground at a stated location.

Grading. Excavating, filling, or smoothing earth.

Granny Unit. See “Accessory (Second) Dwelling Unit.”
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include waste water from kitchen sinks or dishwashers, pursuant to Health and Safety Code Section 17922.12.

Grocery Store. See “Food and Beverage Sales.”
Group Home for Persons with Disabilities. Any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities. (ord. 14-03, adopted May 6, 2014)
Guest House (Land Use). Living/sleeping quarters within a detached structure accessory to a single-family dwelling for the use of persons employed on the premises or for the temporary

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Packet Pg. 5466 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) use by guests of the occupants of the premises. The quarters shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate dwelling.

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Packet Pg. 5467 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

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DEFINITIONS
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Packet Pg. 5468 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.090 – Definitions, "H"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Habitable Space. A room or space in a structure for living, sleeping, eating or cooking.

Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered a habitable room or space.

Handcraft Manufacturing (Land Use). On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment (i.e., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, welding etc.) that have no negative external impacts on surrounding properties. Examples of these products include:
 candles
 ceramics
 costume novelties
 jewelry
 mosaics
 musical instruments
 needlework
 pottery
 quilting
 small glass, metal art, and craft
products
 sporting and athletic goods
 stained glass
 toys
 wood carving
Includes the incidental direct sale to consumers of only those goods produced on-site. Does not include artisan shops (see “Artisan Shops”), performing art rehearsal spaces (see “Studios, Art, Dance, Martial Arts, Music, etc.”), or art museums (see “Cultural Institutions”).

Head Shop. An establishment that sells merchandise that could be used for the purpose of unlawfully administering or ingesting drugs.

Health/Fitness Facility (Land Use). A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

Small. An indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, or weight control. Examples of uses include martial arts, Pilates, personal training, and yoga studios.

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Packet Pg. 5469 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Large. A full service fitness center, gymnasium, or health and athletic club, which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers, barber/beauty shops, snack shop, delis, lounges, etc. Does not include adult-oriented businesses (see “AdultOriented Businesses”) and other commercial recreation facilities (see “Commercial Recreation Facilities”).

Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See “Fence.” Height. The vertical distance from the finished grade to the highest point of a structure.

Hillside. Those portions of land displaying slopes, ridgelines, hills, knolls, canyons, or similar topographic features. See Section 17.305.070 (Hillside Development).

Home Occupation (Land Use). A legal commercial enterprise conducted by an occupant(s) of the dwelling that are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses, and which does not change the character of the dwelling.n activity conducted in compliance with Chapter 17.615 (Home Occupation Permits).

Home Occupation Permit. A type of discretionary permit that, if approved, would allow for the conduct of a home occupation within a dwelling located in a residential zone. The home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses in compliance with Chapter 17.615 (Home Occupation Permits).

Hookah. A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as shisha, nargile, hubble bubble, nag, or Turkish water pipe. See “Hookah Lounge.”
Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of any device or equipment producing smoke or vapors, including pipes (commonly known as a hookah, waterpipe, or narghiles)hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law. See “Hookah.”
Hospital. See “Medical Services- Hospital.”
Hotel. See “Lodging.”

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Packet Pg. 5470 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Household. All the persons who occupy a dwelling unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements.

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Packet Pg. 5471 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.100 – Definitions, "I"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Impervious Surface. Any material or structure on or above the ground that prevents the movement of water from the land surface into the underlying soil or dirt. Impervious surface includes hardened surfaces caused by human action including paved parking lots, sidewalks, roof tops, driveways, patios, and roads. May include “semi-hardened” surfaces that greatly impede water flow and are also caused by human action, including highly compacted gravel, sand, soils, or clay, which can be nearly concrete-like in their imperviousness. See “Impervious Surface Coverage.”
Impervious Surface Coverage. See “Coverage.”
Improvement. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.

Industrial Park. An area of land planned, developed, and operated as an integrated facility for a number of industrial uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Inoperable Vehicle. Any car, truck, motorcycle, trailer, boat or vessel, motor home or other conveyance intended to be used on public roadways or waterways that cannot legally and safely be operated on public roadways or waterways; or any off-road vehicle that cannot be operated on or off public roadways. A “certificate of non-operation” issued by the California Department of Motor Vehicles relates only to the registration fees due and has no bearing on the operable status of any vehicle or vessel.

Irrevocable Offer of Dedication. See Section 17.660.120 (Covenants of Easements).

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Packet Pg. 5473 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.110 – Definitions, "J"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order. – This area intentionally left blank –

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Packet Pg. 5475 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.120 – Definitions, "K"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Kennels and Catteries. Facilities for the care of dogs and cats. See “Animal Sales and Services.” Kitchen. Any room or space within a structure, all or part of which is designed or used for cooking, preparation, refrigeration and storage of food and which includes a sink, refrigerator, stove or range top, and oven or microwaveany of the following: stove, oven, range top, dishwasher, kitchen sink, microwave oven, and refrigerator/freezer. – This area intentionally left blank –

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Packet Pg. 5476 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) – This page intentionally left blank
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Packet Pg. 5477 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.130 – Definitions, "L"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Landform Grading. A land grading
concept that seeks to replicate the
irregular shapes of natural slopes.

Does not include conventional
grading or contour grading. See
Figure 8-7 (Landform Grading).

Figure 8-7
Landform Grading

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Packet Pg. 5478 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Landforming. The grading and planting of an area so that the area blends into and complements the drainage pattern of the surrounding natural terrain. See “Landform Grading” and see also Section 17.305.070 (Hillside Development).

Landscape Design Guidelines. The Landscape Design Guidelines adopted by the City Council in Resolution No. 253 on June 2, 2005, as amended from time to time.

Laundries, Dry Cleaning Plants, Linen Supply. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “Personal Services.” LEED. Leadership and Energy Efficient Design (LEED) is an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC), providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across the following types of metrics: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

Live Entertainment (Land Use). Entertainment provided by one or more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded music. Includes dancing and karaoke. Does not include the term “Adult Oriented Businesses.”
Amplified. The increase in the degree of sound level of voices, instruments, or recorded music through electronic devices and equipment (e.g., speakers, loudspeakers, etc.).

Unamplified. Voices or instruments without sound-boosting electronic devices and equipment.

Live/Work Unit (Land Use). A structure, or spaces within a structure, that combine commercial or manufacturing activity, which are allowed in the zone where the premises are located, with a residential space. Typically the residential use of the premises is secondary or accessory to the primary use as a place of work.

Livestock and Dairy Operations. See “Agriculture.”
Loading Space. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purposes of loading and unloading goods and materials.

Local Agency Formation Commission (LAFCO). A commission created in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.) to oversee proposals for organization and boundary changes, including

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Packet Pg. 5479 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
the incorporation and disincorporation of cities, the formation and dissolution of special districts, and the annexation, consolidation, merger, and reorganization of cities and special districts.

Lodging (Land Use).

Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where limited meals may be provided to registered overnight guests only, subject to applicable Environmental Health Department regulations.

Hotel. A facility in which guest rooms or suites are offered for compensation to the general public for transient lodging with or without meals for compensation and where no provision is made for cooking in an individual guest room or suite. Hotel rooms are accessed from interior hallways and typically include a variety of accessory services (e.g., accessory retail, personal services, restaurants, etc.) Also includes accessory guest facilities (e.g., meeting facilities, computer/work stations, swimming pools, tennis courts, indoor athletic facilities, etc.).

Extended Stay Hotel. A hotel with rooms that contain kitchen facilities for food preparation. Extended-stay lodging facilities may contain lobbies, conference rooms, meeting rooms, child play areas, or restaurants.

Motel. A structure or series of structures in which guest rooms are offered to the general public for transient lodging, without kitchen facilities; with or without meals; and for compensation. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each room.

Lot. The basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise allowed by law, to be used, developed, or built upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder.

Types of lots include the following. See Figure 8-8 (Lot Types).

Corner Lot. A lot located at the intersection of two or more streets. The front lot line of a corner lot abuts the shortest street property line, unless otherwise determined by the Director.

Flag Lot. A lot not meeting minimum lot frontage requirements and where access to the private or public street is provided by a narrow private access way that is between abutting lots and that is owned in fee.

Interior Lot. A lot abutting only one street.

Key Lot. An interior lot, the front of which abuts the side property line of a corner lot.

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Packet Pg. 5480 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot.

Through Lot. A lot with frontage on two generally parallel streets. May be an interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. Each street frontage of an interior lot and the two shortest street frontages of a corner lot shall be deemed a front lot line.

Figure 8-8
Lot Types

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Packet Pg. 5481 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Lot Line or Parcel Line. Any recorded boundary of a lot or parcel. Types of lot lines are as follows (see Figure 8-9 (Lot Features)):

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 property line with the shortest frontage within residential zones and the longest frontage within nonresidential zones. If the lot lines of a corner lot are equal in length, the Director shall determine which is the front lot line.

On a through lot, the front lot line is the line abutting a street where primary access is taken.

Interior lot line. Any lot line not abutting a street.

Rear lot line. A lot line that does not intersect the front lot line and that is most distant from and most closely parallel to the front lot line. In the case of irregularly shaped lots, line to be determined by the Director.

Side lot line. Any lot line that is not a front or rear lot line.

Zero-lot line. See “Zero Lot Line.”
Figure 8-9
Lot Features

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Packet Pg. 5482 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Low Barrier Navigation Center (Land Use). A low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and includes but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Lumber and Wood Product Manufacturing (Land Use). Manufacturing, processing, and sales 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
Does not include craft-type shops (“Handcraft Manufacturing”); other wood and cabinet shops (“Furniture/Fixture Manufacturing”); indoor retail sale of building materials, construction tools and equipment (“Building/Landscape Material Sales”).

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Packet Pg. 5483 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.140 – Definitions, "M"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Machinery Manufacturing (Land Use). Facilities to make or process raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, Equipment, and Appliance Manufacturing”).

Maintenance and Repair Service (Land Use). Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

Maintenance and Service Facility (Land Use). A facility providing maintenance and repair services for fleet vehicles, and accommodating equipment and materials storage areas. This use includes corporation yards, equipment service centers, and similar facilities.

Manufactured Housing. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, singlefamily detached dwelling (see “Single-Family Dwelling”). Does not include mobile homes (see “Mobile Home”). A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling.

Marijuana. Marijuana related definitions are found in 17.435 – Commercial Marijuana Cultivation and 9.28 – Regulation of Marijuana UsesSee “Cannabis”.

Massage. As defined in Municipal Code Chapter 5.32 (Massage Parlors).

Massage Establishments and Services (Land Use). An establishment where any person certified in compliance with Business and Professions Code Section 4600 et seq. administers to another person a massage, as defined in Municipal Code Chapter 5.32 (Massage Parlors).

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Packet Pg. 5484 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Medical Services - Clinic, Laboratory, Urgent Care (Land Use). A facility where medical, mental health, surgical and other personal health services are provided on an outpatient basis.

Examples of these uses include:
 outpatient care facilities
 outpatient surgery facilities
 urgent care facilities
 other allied health services
These facilities may also include incidental medical laboratories. Does not include counseling services by other than medical doctors or psychiatrists (see "Offices - Professional/ Administrative") or hospitals (see “Medical Services – Hospitals”).

Medical Services - Offices (Land Use). A facility where medical, dental, mental health, eye care, surgical, acupuncture, acupressure, massage therapy, or other personal health care services are provided on an outpatient basis by chiropractors, medical doctors, psychiatrists, opticians, etc., licensed by the State. Does not include medical clinics, laboratories, or urgent care facilities (see "Medical Services - Clinic, Laboratory, Urgent Care"); hospitals (See “Medical Services, Hospital”); counseling services by other than medical doctors or psychiatrists in locations other than in the offices of other medical doctors or psychiatrists (see "Offices - Professional/Administrative"); palm readers, hypnotists, card readers, psychics, and similar services (see "Personal Services – Restricted"). Massage services is further defined under “Massage Establishments and Services.”
Medical Services – Hospital (Land Use). Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide care for patients on a 24-hour basis within an integrated setting. May include outpatient services and on-site accessory clinics and laboratories (see “Medical Services – Clinic, Laboratory, Urgent Care”); accessory retail uses (see "Accessory Retail and Services"), and on-site ambulance dispatch facilities (“Transportation Service Dispatch Facility ”).

Metal Products Fabrication, Machine and Welding Shops (Land Use). Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, wrought-iron fences and decorative elements, and similar products:
 blacksmith and welding shops
 sheet metal shops
 machine shops and boiler shops

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Packet Pg. 5485 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Minor Use Permit. A type of discretionary permit that, if approved, would allow a use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities, in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards). The additional control is to ensure that the particular use on the particular proposed site is compatible with other existing or permitted uses surrounding the site, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

Minor Variance. A discretionary entitlement that, if approved, would allow the relaxation of specified, but very limited, development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).

Mixed-Use Project (Land Use). A development with two or more different land uses on the same site such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Integration can be either vertical or horizontal or a mixture of the two.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwelling." Mobile Home Park (Land Use). 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.

Mobile Home Sales. See “Vehicle Rentals, Sales, and Services.” Mobile Home Subdivisions (Land Use). 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 offered for sale or condominium ownership.

Mortuary, Funeral Home (Land Use). An establishment in which the deceased are prepared for burial or cremation, and funeral services may be conducted. Full-service mortuaries include facilities for the preparation of the deceased for burial and for cremation, but does not perform burials or cremations. May include ancillary uses (e.g., sales of caskets, urns, etc.) Partial service facilities include only chapels and similar rooms for viewing, religious services, wakes, and similar activities, together with accessory office facilities. Does not include “Cemetery.” Motel. See “Lodging.”

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Packet Pg. 5486 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Motor Vehicles and Transportation Equipment Manufacturing (Land Use). Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions.

Multi-Family Dwelling (Land Use). See “Dwelling, Multi-Family.” — This area intentionally left blank —

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Packet Pg. 5487 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.150 – Definitions, "N"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Nail Salons. Establishments where a majority of the work stations are used to provide manicure or pedicure services. May include accessory massage services. Does not include day spas or similar facilities in which manicure or pedicure services are offered as one type of an array of personal care services (see “Day Spa”). See also “Personal Services.” National Pollutant Discharge Elimination System (NPDES). A system established by the Federal Water Pollution Control Act (FWPCA) (Title IV, Section 402- Permits and Licenses) for issuing permits for wastewater discharge into waters of the United States. The permit provides two levels of control: technology-based limits (based on the ability of dischargers in the same industrial category to treat wastewater) and water quality-based limits (if technology-based limits are not sufficient to provide protection of the water body).

Natural. The condition of land before human alteration, determined on the basis of the oldest reliable evidence available to the review authority at the time of its decision (e.g., topographic map, aerial photographs, etc.). For example, “natural slope” means the slope of a parcel, or portion of a parcel, that is not manufactured or manmade.

Neighborhood Grocery Store. See “Food and Beverage Sales.” Noise. Any undesired audible sound, as regulated by Section 17.300.060 (Noise).

Nursing Home. See “Care Facilities.”

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Packet Pg. 5488 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) – This page intentionally left blank
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Packet Pg. 5489 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.160 – Definitions, "O"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Office (Land Use). This Development Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Services - Clinic, Laboratory, Urgent Care" and "Medical Services - Doctor Office"):

Accessory. An office facility for administration, or on-site business and operations management, that are incidental and accessory to another business, sales, or service activity that is the primary use. For example, a business office within a grocery store.

Business/Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, legal services, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc.

This use does not include “Bank, Financial Services,” which is separately defined.

Government. Administrative, clerical, or public contact or service offices of a local, State, or Federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or Freight Terminal.”." Professional/Business/Administrative. Establishments providing direct services or business services to consumers or clients and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Examples of these uses include employment agencies, insurance agent offices, legal services, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Bank, Financial Services,” which is separately defined.Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent or telecommunications-based activities. Examples of these uses include:
 airline, lodging chain, and rental car
company reservation centers
 computer software and hardware
design and development
 consumer credit reporting
 data processing services

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Packet Pg. 5490 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  health management organization
(HMO) offices where no medical services
are provided
 insurance claim processing
 mail order and electronic commerce
transaction processing
 telecommunications facility design and
management
 telemarketing

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Packet Pg. 5491 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Professional/Administrative. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include:
 accounting, auditing and
bookkeeping services
 advertising agencies
 appraisers
 attorneys
 business associations, chambers of
commerce
 collection agencies
 construction contractors (office
facilities only)
 counseling services
 court reporting services
 detective agencies and similar
services
 design services including
architecture, engineering, landscape
architecture, urban planning
 educational, scientific and research
organizations
 financial management and investment
counseling
 graphic art and design services
 literary and talent agencies
 management and public relations
services
 manufacturers’ agents
 media postproduction services
 news services
 photographers and photography studios
 political campaign headquarters
 psychologists
 secretarial, stenographic, word
processing, and temporary clerical
employee services
 security and commodity brokers
 title and escrow companies
 writers and artists offices
Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or 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. See Chapter 17.640 (Temporary Use Permits).

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. See Chapter 17.640 (Temporary Use Permits).

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Packet Pg. 5492 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Office Park. An area of land planned, developed, and operated as an integrated facility with freestanding buildings for a number of office uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Off-Site. Located outside the lot or parcel lines of the principal use.

Off-Street Parking. An area together with the required number of parking spaces and improvements as specified by Chapter 17.330 (Off-Street Parking and Loading) for vehicle parking and maneuvering necessary to serve particular land uses, irrespective of the zones in which they occur.

On-Site. Located within the lot or parcel lines of the primary use.

Open Fencing. A fence constructed of rails, pickets, wrought iron, or wire, with the materials spaced so that at least 50 percent of the surface area is open, allowing visibility through the fence.

Open Space, Common. Areas within a development that are designed or intended for the use and enjoyment of all the residents and their guests.

Open Space, Private. Areas intended for the private use by residents of an individual dwelling unit, designed or intended for outdoor living and recreation or the retention of an area in its natural state. Private open spaces may include balconies, patios, and landscaped areas but does not include off-street parking, maneuvering, loading, or delivery areas.

Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of, or damage to a structure, and to restore the structure to its condition before the deterioration or damage.

Organizational House (Land Use). A residential lodging facility operated by a membership organization (e.g., school, convent, monastery, religious organization, etc.) for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Outdoor Dining. A dining area with seats or tables located outdoors of a restaurant, coffee shop, or other food service establishment, and which is (a) located entirely outside the walls of the subject structure, (b) enclosed on two sides or less by the walls of the structure with or without a solid roof cover, or (c) enclosed on three sides by the walls of the structure without a solid roof cover.

Outdoor Display and Sales. The temporary or permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities.

Includes news and flower stands. Does not include the sale of motor vehicles ("Vehicle Rentals, Sales and Services"), mobile homes, boats, and recreational vehicles ("Mobile Home, Boat, or RV Sales"), or building or landscape materials ("Building and Landscape Materials Sales –

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Packet Pg. 5493 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Outdoor”). Outdoor display and sales shall comply with the standards in Section 17.430.240 (Outdoor Displays and Sales) and Chapter 17.640 (Temporary Use Permits) for temporary display and sales.
— This area intentionally left blank —

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Packet Pg. 5494 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.170 – Definitions, "P"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Pad. A graded or prepared area on a parcel upon which a structure may be placed.

Paper Product Manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products. Includes paper bags, boxes, envelopes, wallpaper, etc.

Parcel. See “Lot.”
Parking, tandem. The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. May be located within a pull-through garage.

Parking Facility - Public or Commercial (Land Use). Parking lots or structures operated by the City, or a private entity providing parking for a fee. Does not include towing impound and storage facilities, which are instead defined under "Storage - Outdoor." Parking Management. An action taken to alter the supply, operation, or demand of parking facilities to force a shift from the single occupant vehicle to carpool, vanpool, or other transportation mode.

Parks and Playgrounds (Land Use). Public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use, including tennis courts. May include passive outdoor recreation areas. Does not include the same facilities that are privately-owned, commercial recreation facilities (See "Commercial Recreation Facilities"), or recreational vehicle parks and campgrounds (“Recreational Vehicle Parks”).

Partial Reconveyance. See Section 17.660.120 (Covenants of Easements).

Personal Services (Land Use). Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
 barber and beauty shops (without
massage)
 clothing rental shops
 dry cleaning/laundry pick up stores
only, with very limited equipment
and services
 home electronics and small
appliance repair
 laundromats (self-service laundries)
 locksmiths
 nail salons
 shoe repair shops
 tailors and seamstresses

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Packet Pg. 5495 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
 tanning salons
These uses may also include accessory retail sales of products related to the services provided.

Personal Services – Restricted (Land Use). Establishments providing non-medical services to individuals as a primary use that require a Minor Use Permit to prevent a concentration of these uses in any one particular area and require site-specific conditions of approval to ensure compatibility with surrounding usesPersonal services that may tend to have a blighting or deteriorating effect upon surrounding areas and that may need to be dispersed to minimize their adverse impacts. TExamples of these uses include:
 check cashing stores
 payday advance businesses
 fortune tellers
 palm and card readers
 pawnshops
 psychics
 spas and hot tubs for hourly rental
 tattoo parlors and body piercing
studios
Does not include acupressure, acupuncture, or massage (”Medical Services - Offices” and “Adult-Oriented Businesses”); hookah lounges (“Hookah Lounge”); or medical marijuana dispensaries (Municipal Code Chapter 9.28-Prohibitions against Medical Marijuana Dispensaries and Other Similar Uses)or Cannabis Oriented Businesses.

Place of Worship. Any structure used for non-profit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the California property tax law, where the structure is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque. See “Places of Assembly.”
Planning Commission. The City of San Jacinto Planning Commission, referred to as the “Planning Commission.”
Planned Development Permit. A type of discretionary permit that, if approved, would allow the design of a development a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards), in exchange for a modification of specified development standards, in compliance with Chapter 17.620 (Planned Development Permits).

Planning Fee Schedule. A schedule of fees approved by the City Council for the payment of funds to the City for processing and reviewing land use permit applications or other entitlements or for issuing licenses. See Section 17.600.050 (Application Fees).

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Packet Pg. 5496 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Planning Permit. A generic term that means any permit or other entitlement authorized by this Development Code including the following: Conditional Use Permit, Home Occupation Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, Variance, and Zoning Clearance.

Plant Nursery (Land Use). A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under "Crop Production, Horticulture, Orchard." Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under "Residential Accessory Use or Structure"). The sale of house plants or other nursery products entirely within a structure is also included under "Retail, General Merchandise." Plastics, Other Synthetics, and Rubber Product Manufacturing (Land Use). The manufacturing from previously produced products of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastic products; fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle Services - Auto Repair and Service”).

Police Chief. The Police Chief of the City of San Jacinto, or authorized designee(s).

Poolroom. Any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Also known as a billiard hall.

Pre-Development Review Committee. See Section 17.600.040 (Application Preparation and Filing). See also “Development Review Committee.”
Prezone. The process by which the City determines the actual future land use zones for specified parcels of land located outside the City’s boundaries before these parcels are annexed to the City. See Chapter 17.720 (Amendments).

Principal Use. See “Use, Principal.” The primary or predominant use of any parcel or structure.

Printing and Publishing (Land Use). Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade (e.g., bookbinding, typesetting, engraving, photoengraving, and electrotyping). This use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.”

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Packet Pg. 5497 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Produce Stand (Land Use). A business established and operated that sells raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation. May be either permanent or temporary in use.

Project. Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Development Code.

Public Safety Facility (Land Use). A facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site (see “Transportation Service Dispatch Facility”).
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Packet Pg. 5498 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.180 – Definitions, "Q"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order. — This area intentionally left blank —

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Packet Pg. 5499 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800

DEFINITIONS
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Packet Pg. 5500 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.190 – Definitions, "R"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations. See Chapter 17.625 (Reasonable Accommodation).

Receiver Site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).

Reception Halls/Rental Halls. See “Banquet Halls.”
Reciprocal Access Easement. See Section 17.660.120 (Covenants of Easements).

Recreational Vehicle (RV). An RV is either of the following, as provided in Health and Safety Code Section 18010:

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:
a. It contains less than 320 square feet of internal living room area, excluding builtin equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
b. It contains 400 square feet or less of gross area measured at maximum horizontal projections;
c. It is built on a single chassis; and
d. It is self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

A park trailer, as defined in Health and Safety Code Section 18009.3.

Recreational Vehicle (RV) Park (Land Use). A site where one or more lots or spaces are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle

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Packet Pg. 5501 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
parks may include public restrooms, and water, sewer, and electric hookups to each lot or space. Includes campgrounds. May include accessory retail uses and services that are clearly incidental and intended to serve RV park or campground patrons only.

Recreational Vehicle Sales. See “Vehicle Rentals, Sales, and Services.” Recycling. The series of activities by which discarded materials that would otherwise remain wastes are collected, separated, or processed and used to make new products.

Recycling Facilities (Land Use). This land use type includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

Donation boxes. A bin, storage shed, or similar facility established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non-profit organization. See Section 17.430.160 (Donation Boxes).

Collection Facility (Large). A facility that occupies an area of more than 350 square feet or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

Collection Facility (Small). A facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
a. A mobile unit;
b. Reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
c. Kiosk-type units that may include permanent structures.

Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.

Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable

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Packet Pg. 5502 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet.

Recycling—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 vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light processing facilities for recycling (see Recycling Facility – Processing Facility”). Does not include places where these activities are conducted entirely within buildings; pawnshops and other secondhand stores (“Secondhand Stores/Pawnshops”); the sale of operative used cars (“Vehicle Rentals, Sales, and Services”); or landfills or other waste disposal sites.

Repair Service - Equipment, Large Appliances, etc. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance (see "Vehicle Rentals, Sales, and Services"); the repair of small home appliances and electronic equipment (see "Personal Services"); maintenance and repair activities that occur on the client's site, or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to on-site sales.

Research and Development (R&D) (Land Use). Facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical, computer, and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Business Support Services”) or medical laboratories (see “Medical Services – Clinic, Laboratory, and Urgent Care”).

Residential Care Facility for the Elderly. See “Community Care Facilities.” Restaurant. See “Food Service Establishment.”
Retail Sales (Land Use). Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods.

Accessory. See “Nonresidential Accessory Structures and Uses.” Gun Shops. Retail establishments which primarily engage in the sale of guns or ammunitions. Does not include sporting good stores or other stores where the sale of guns and ammunitions does not exceed 50% of gross sales.

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Packet Pg. 5503 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
General Merchandise. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public for profit. Examples of these establishments and lines of merchandise include:
 antiques
 appliances (small)
 artwork
 artists' supplies
 automotive/vehicle parts and accessories (no repair)
 bakeries (retail only)
 bicycle sales and rentals
 book stores
 bridal shops
 candle shops
 candy shops
 carpeting and floor covering
 china and glassware shops
 clothing and accessories
 collectibles (cards, coins, comics, stamps, etc.)
 computer and video stores
 decorating shops
 discount stores
 drug stores
 electrical supplies
 electronic equipment
 fabrics and sewing supplies

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Packet Pg. 5504 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  florists and houseplant stores (indoor sales only)  gift shops  handcrafted items  hardware  hobby materials  jewelry  kitchen utensils  luggage and leather goods  medical supplies and equipment  mirrors  musical instruments, parts and accessories  newsstands  office equipment and supplies  orthopedic supplies  paint and wallpaper  photography and film supplies  picture frames  posters  religious goods  shoe stores  signs  small wares  specialty shops  sporting goods and equipment

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Packet Pg. 5505 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
 stationery
 telephone and communications
 toys and games
 trophy stores
 video and DVD stores
Does Does not include adult-oriented businesses (see “Adult-Oriented Businesses”); stores that sell furniture or other items requiring large amounts of floor space (see “Retail, Bulk Merchandise”); medical marijuana dispensaries (see Municipal Code Chapter 9.28-Prohibitions against Medical Marijuana Dispensaries and Other Similar Uses)Cannabis Related Businesses (see “Cannabis”); secondhand stores (see “Secondhand Stores”); or stand-alone tobacco stores (see “Tobacco Stores”).

Second Hand Stores (Land Use). Retail establishments that buy and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects; includes indoor flea markets. Does not include bookstores (“Retail Stores”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales”); junk dealers, or scrap/dismantling yards (“Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Retail Stores"); the sale of motor vehicles and other used vehicles ("Vehicle Sales and Leasing").

Bulk Merchandise. Retail establishments engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Bulk retail is differentiated from general retail by either of the following characteristics:

A high volume of sales of related or unrelated products in a warehouse setting (i.e., “big box” retail).

The sale of goods or merchandise that require a large amount of floor space and that are warehoused and retailed at the same location. Examples of items for sale include:
 Computers and computer equipment
 Electrical and heating fixtures and supplies
 Furniture
 Groceries

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Packet Pg. 5506 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  Home appliances (refrigerators, stoves, etc.)
 Home furnishings (draperies, floor coverings, lawn/outdoor furniture, movable spas/hot tubs, etc.)
 Home products
 Home sound systems
 Interior decorating materials and services
 Large musical instruments
 Lumber
 Nursery stock
 Office furniture
 Personal care products
 Televisions
Does not include warehousing, wholesaling, or distribution (see “Warehouses, Wholesaling and Distribution”) or vehicle sales (“Vehicle Rentals, Sales, and Services”).

Rideshare. A transportation program consisting of carpools and vanpools that enable groups of people to share vehicles to achieve savings in fuel and vehicle operating costs.

Right-of-Entry. See Section 17.660.120 (Covenants of Easements).

Room and Board. See “Congregate Living Facility.”

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Packet Pg. 5507 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800

DEFINITIONS
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Packet Pg. 5508 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800.200 – Definitions, "S"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Satellite Dish Antenna/Antenna. See “Antenna.”
Schools. See “Educational Facilities.”
Second Dwelling Unit. See “Accessory (Second) Dwelling Unit.” Second Hand Stores (Land Use). Retail establishments that buy and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects; includes indoor flea markets. Does not include bookstores (“Retail Stores”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales”); junk dealers, or scrap/dismantling yards (“Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Retail Stores"); the sale of motor vehicles and other used vehicles ("Vehicle Sales and Leasing").

Senior Residential Projects (Land Use). Dwellings designed for persons at least 62 years of age, or a person at least 55 years of age who meets the qualifications found in Civil Code Section

51.3. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include extended care facilities such as convalescent homes or skilled nursing facilities (“Medical Services - Extended Care”); assisted living facilities or senior care facilities (“Residential Care Facilities”).

Service Station. See “Vehicle Services – Service Stations.” Setback. The distance by which a structure, parking area, or other development feature shall be separated from a lot line, other structure or development feature, street centerline, or easement.

See Figure 8-10 (Setbacks). See also “Yard.”

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Packet Pg. 5509 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Figure 8-10
Setbacks
Setback Area. An area within a parcel that is established for the purpose of governing the location of structures on the parcel. A setback area is an open space area located between a lot line and the nearest relevant parallel setback line, unobstructed and unoccupied from the ground upward except as allowed in Section 17.305.120 (Setback Regulations and Exceptions).

See also “Yard.”
Front setback area. An area extending across the full width of the parcel between the front lot line and the required front setback line.

Rear setback area. An area extending across the full width of the parcel between a rear lot line and the required rear setback line.

Side setback area. An area extending from the front setback line to the rear lot line between the nearest side lot line and the required side setback line.

Setback Line. A line delineating the minimum required distance between the lot line and a structure on the same parcel.

Shopping Center (Land Use). A group of multi-tenant architecturally unified commercial retail establishments built on a parcel that is planned, developed, and managed as a single operating unit.

Neighborhood Shopping Center (Up to 50,000 square feet). Provides for the sale of convenience goods (food, drugs, and sundries) and personal services (laundry and dry

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Packet Pg. 5510 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) cleaning, barbering, shoe repairing, etc.) for the day-to-day living needs of the immediate neighborhood with a supermarket being the principal tenant.

Community Shopping Center (50,001 - 150,000 square feet). In addition to providing for the sale of convenience goods and personal services, this intermediate type of center provides for the sale of soft lines (apparel) and hard lines (hardware, appliances, etc.), with two or more anchor tenants (i.e., a junior department store, variety store, or discount department store as one anchor tenant, in addition to a supermarket).

Regional Shopping Center (150,001 square feet and over). Provides shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety.

Short Term Rental. The rental of a dwelling unit or a portion thereof, or habitable accessory structure associated with a primary dwelling unit, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of fewer than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, or bed and breakfasts shall not be considered a short-term rental.

Signs. See Chapter 17.335 (Sign Standards).

Single Housekeeping Unit. The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single-unit dwelling, including the joint use of common areas and sharing household activities and responsibilities (i.e., chores, expenses, and meals).

Single-Family Dwelling. See “Dwellings.”
Single Room Occupancy (SRO) Facility. A facility with small furnished rooms and common facilities and services for laundry, cleaning, personal hygiene, and meals or with furnished studio-type apartment units that are each a minimum of 550 square feet in size. Rooms or units are intended to provide affordable private housing for lower- income individuals, seniors, and persons with disabilities and to serve as an entry point into the housing market for formerly homeless people.

Site Plan and Design Review. A type of discretionary permit that provides a process for the appropriate review of development projects (i.e., site layout and structural development), in compliance with Chapter 17.630 (Site Plan and Design Review).

Slope. Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent or ratio. See Section 17.305.070 (Hillside Development).

Solar Collector. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure’s energy supply.

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Packet Pg. 5511 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Solar Energy System. Includes: (1) A design using natural and architectural features to cool or heat a structure, or (2) a mechanical assembly that may include a solar collector, storage facility, and any other components needed to cool or heat a structure.

South Coast Air Quality Management District (SCAQMD). SCAQMD is the air pollution control district for the area that includes the County of Riverside and portions of Los Angeles, Orange, and San Bernardino Counties. See also “Air Quality Management Plan (AQMP).” Specialty Food Store. See “Food and Beverage Sales.”
Specific Plan. A plan consisting of text, maps and other documents regulating development within a defined area, consistent with the General Plan and the Government Code. See Chapter

17.635 (Specific Plans).

Sphere of Influence. A sphere of influence is the probable ultimate physical boundary of a city as established by the Local Agency Formation Commission (LAFCO) in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.). A sphere of influence contains unincorporated County land that is located outside a city’s boundaries and that relates to the city’s planning efforts.

Stone and Cut Stone Products Manufacturing (Land Use). Manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished or finished monuments and tombstones.

Storage, Outdoor. See “Outdoor Display and Sales.”
Storage Facility, Personal (Land Use). A structure or group of structures where individual storage spaces are leased to individuals, organizations, or businesses for self-service storage of personal property, goods, and wares. Also known as mini–storage facilities.

Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling above.

Street. A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, not including freeways, providing any access to and egress from the property abutting thereon.

Street Frontage. The distance along which a property line of a lot adjoins a public or private street.

Structural Clay, Pottery, and Ceramic Products Manufacturing (Land Use). Manufacturing establishments producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, various ceramic and fine earthenware products, and

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Packet Pg. 5512 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) porcelain electrical supplies and parts. Artist/craftsman uses are included in “Small Scale Manufacturing,” “Cottage Business,” or “Home Occupations.” Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structure, Accessory. See “Accessory Residential Structure.” A structure that is incidental to the principal structure on a site. Examples include above-ground spas, carports, detached decks, fences, detached garages, garden/storage sheds, gazebos, landings, platforms, porches, storage structures, walls, and workshops, but excluding balconies (See “Balcony”).

Structure, Attached. A structure that has a wall or roof in common with another structure.

Structure, Detached. A structure that does not have a wall or roof in common with another structure.

Structure, Principal. A structure in which is conducted the principal use of the parcel or building site.

Structure Coverage. See “Coverage.”
Studio Apartment. A dwelling unit that has one combined living and sleeping room. May also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.

Studios for Art, Dance, Martial Arts, Music, etc. (Land Use). Small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space, for short periods of time. These include facilities for: individual and group instruction and training in the arts; karate/martial arts training studios; photography and the processing of photographs produced only by users of the studio facilities; production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists; gymnastics instruction, and aerobics and gymnastics studios with minimal fitness equipment (e.g., floor pads, small free weights, etc.). These uses may also include accessory retail sales of products related to the services provided. Larger facilities are included under the definition of "Education Institutions, Private and Public."
Supermarket. See “Food and Beverage Sales.”
Supportive Housing. As defined in Health and Safety Code Section 50801(e), housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site 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.

See “Community Care Facilities.”

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Packet Pg. 5513 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800

DEFINITIONS
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Packet Pg. 5515 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.210 – Definitions, "T"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Tattoo Parlor / Body Piercing Studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See “Personal Services – Restricted.” Tattooing Any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to contact or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.

Telecommuting. An employee foregoes a trip to the normal work site and instead works from home or from a satellite office near home.

Temporary Structure. A structure without any permanent foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary Use (Land Use). A use established for a limited period of time, typically less than 12 months, with the intent to discontinue the use at the end of the time period. Examples of temporary uses include: art shows, car washes, charitable functions, seasonal sales lots. See Chapter 17.640 (Temporary Use Permits).

Temporary Use Permit. A type of discretionary permit that, if approved, would allow a use to occupy a site for a limited period of time, typically less than 12 months, in compliance with Chapter 17.640 (Temporary Use Permits).

Textile and Leather Product Manufacturing (Land Use). Manufacturing establishments engaged in performing any of the following operations:
 coating, waterproofing, or otherwise treating fabric
 dyeing and finishing fiber, yarn, fabric, and knit apparel  manufacture of knit apparel and other finished products from yarn  manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles  manufacture of shoes

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Packet Pg. 5516 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)  manufacture of woven fabric, carpets and rugs from yarn  preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage
 upholstery manufacturing
Theater (Land Use). An indoor facility for group entertainment, other than sporting events.

Examples of these facilities include:
 civic theaters, and facilities for "live" theater and concerts  movie theaters
Townhouse. A structure designed for or used exclusively for residential purposes of one family. The structure is attached to similar structures forming groups of four but typically not more than eight dwellings in a linear arrangement and separated vertically by party walls. Each dwelling unit has a totally exposed front and rear wall to be used for direct ground-level access to the outdoors.

Traffic Visibility Area. An area of unobstructed vision at street corners, street and driveway corners, or street and alley corners to provide for pedestrian and traffic safety. See Section

17.305.150 (Traffic Visibility Area).

Transfer of Development Rights (TDR). See Chapter 17.645 (Transfer of Development Rights).

Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights.

Receiver site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights.

Transit Stop Shelter (Land Use). A small-scale covered waiting area for people waiting for buses and taxis.

Transitional Housing. As defined in Health and Safety Code Section 50801(i), Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. May include self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing.

See “Community Care Facilities.”

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Packet Pg. 5517 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number of carpools, vanpools, buses and trains, walking, and biking.

Transportation Service Dispatch Facility (Land Use). A base facility where taxis or limousines are stored until dispatched, or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include dispatch services that have no on-site vehicle storage, which are instead included under "Office - Professional/ Administrative." Does not include facilities for the repair of vehicles.

Triplex. See “Dwelling, Multi-Family.”
Truck and Freight Terminals (Land Use). Transportation establishments furnishing services incidental to air, motor freight, and rail transportation. Accessory uses may include restrooms, showers, restaurants, computer and phone rooms, recreation rooms, etc.). Examples of this land use includes:
 freight forwarding services
 freight terminal facilities
 joint terminal and service facilities
 packing, crating, inspection and
weighing services
 postal service bulk mailing
distribution centers
 transportation arrangement services
 trucking facilities, including transfer
and storage
Truck Sales. See “Construction, Farm, and Heavy Equipment Sales.” — This area intentionally left blank —

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Packet Pg. 5519 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.220 – Definitions, "U"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Use. The purpose for which land or a structure is arranged, designed or intended, or for which either land or structure is or may be occupied or maintained.

Accessory Use. A use incidental to, and customarily associated with, a specific principal use, located on the same parcel.

Allowed Use. A use that may be located, maintained, or operated subject to a planning permit identified as a requirement in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards).

Principal Use. The primary or predominant use of any parcel or structure.

Utility Facility (Land Use). A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from planning permit requirements by Government Code Section 53091:
 electrical substations and switching stations
 natural gas regulating and distribution facilities
 public water system wells, treatment plants and storage tanks  telephone switching facilities
 wastewater treatment plants, settling ponds and disposal fields Utility Infrastructure (Land Use). Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include "Utility Facility."

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Packet Pg. 5521 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.230 – Definitions, "V"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Variance. A discretionary entitlement that, if approved, allows the waiver or relaxation of specified development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).

Vehicle. Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.

Vehicle, Commercial. Any vehicle larger than a pickup truck, includes semi-trucks and trailers, delivery vans. Does not include recreational vehicles regardless of gross vehicle weight rating (see “Recreational Vehicle”).

Vehicle Miles Traveled (VMT). The measurement of the total miles traveled by all motor vehicles in a specified area during a specified time. One vehicle traveling one mile constitutes one vehicle-mile. VMT helps analysts determine road construction and maintenance needs, predict future surface demands, and estimate environmental costs.

Vehicle Rentals, Sales, and Services (Land Use).

Construction, Farm, and Heavy Equipment Sales and Rentals (Land Use). Retail establishments selling or renting construction, farm, or other heavy equipment.

Examples include cranes, earth-moving equipment, tractors, combines, heavy-duty trucks, etc. See also “Vehicle Rentals, Sales, and Services.” Heavy-Duty Truck. Any vehicle exceeding a gross vehicle weight rating of 18,500 pounds or any truck-tractor or semi-trailer.

Semi-Trailer. A trailer used in conjunction with a truck-tractor and designed so that a considerable part of its own weight or that of its load rests upon and is carried or drawn by the truck-tractor.

Truck-Tractor. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

Mobile Home, Boat, or Recreational Vehicle (RV) Sales. The retail sale of mobile homes, or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, motor homes, recreational vehicles, and travel trailers. Does not include the sale of automobiles (see “Vehicle Sales”) or commercial vehicles or heavy trucks (see “Construction, Farm, and Heavy Equipment”).

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Packet Pg. 5522 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Vehicle Parts and Supplies Sales (Land Use). The retail sale of new vehicle or motorcycle parts, tires, and accessories within an enclosed structure. Does not include establishments that provide installation and repair services (see "Vehicle Services – Minor Maintenance/Repair" and “Vehicle Services - Major Repair/Body Work”); or businesses dealing exclusively in used parts (see "Recycling - Scrap and Dismantling Yards”).

Vehicle Rentals (Land Use). A retail or wholesale establishment renting automobiles, light duty trucks, and motorcycles.

Office Only. An office that arranges the rental of automobiles, light duty trucks, motorcycles, and vans with no on-site storage or incidental maintenance of vehicles.

General. Rental of automobiles, light duty trucks, motorcycles, and vans, including onsite storage and incidental maintenance that does not require pneumatic lifts.

Vehicle Sales (Land Use). Establishments selling or leasing automobiles, motorcycles, golf carts, light duty trucks, and vans. May also include vehicle rentals, repair shops, and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Vehicle Parts and Supplies Sales”); bicycle and moped sales (see “Retail Stores”); tire recapping establishments (see “Major Repair/Body Work”); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales"); businesses dealing exclusively in used parts (see “Recycling - Scrap and Dismantling Yards”); commercial vehicle and heavy duty truck sales (see “Construction, Farm, and Heavy Equipment Sales”); or gas/fuel stations (see “Vehicle Services - Service Stations”).

Vehicle Services (Land Use). The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, light duty trucks, recreational vehicles, boats, golf carts, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:

Car Washing., Automated. A commercial facility for washing automobiles, light duty trucks, and vans where facility employees wash or dry the vehicles; the customer washes the vehicle using on-site equipment, or drives through an automated car washing and drying facility; or the customer washes the vehicle using on-site equipment.

Car Washing, Full Service. A commercial facility for washing automobiles, light duty trucks, and vans where facility employees wash or dry the vehicles.

Car Washing, Self-Service. A commercial facility for washing automobiles, light-duty trucks, and vans where the customer washes the vehicle using on-site equipment.

Minor Maintenance/Repair/Installation. Minor repair of golf carts, automobiles, motorcycles, recreational vehicles, or light duty trucks, vans or similar size vehicles (i.e.,

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Packet Pg. 5523 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS
vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and lube shops; tire and battery sales and installation (not including recapping); and wheel alignment and balancing. Does not include any type of car washing service (“Car Washing, Automated, Full-Service, or Self-Service”).

Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; tire sales and installation shops; towing services; transmission shops; and salvage tire recapping. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”).

Service Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual vehicles. May include incidental "minor" maintenance and repair of automobiles and light duty trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). May also include a convenience store operated by the service station owner (see “Convenience Store”).

Towing and Storage. An establishment that dispatches tow trucks and that may include the temporary outdoor storage of wrecked and other inoperable vehicles. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”) or storage of operative vehicles (see “Vehicle Storage”).

Vehicle Storage (Land Use). A facility for the storage of operative automobiles and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage or servicing of fleet vehicles. Also includes temporary outdoor storage for passenger vehicles that are impounded and are to be claimed by titleholders or their agents. Does not include commercial parking lots (see “Parking Facilities” or vehicle dismantling (see "Recycling - Scrap and Dismantling Yards").

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Packet Pg. 5525 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.240 – Definitions, "W"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Wall. See “Fence.”
Warehouses, Wholesaling, and Distribution (Land Use). These facilities include:

Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or personal, self, or mini-storage facilities offered for rent or lease to the general public (see “Storage Facility, Personal”); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and Distribution”); or terminal facilities for handling freight (see “Truck and Freight Terminals”).

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes the following establishments:
 agents, merchandise or commodity brokers, and commission merchants  assemblers, buyers and associations engaged in the cooperative marketing of farm products
 merchant wholesalers
 stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments.

Wind Energy Conversion System (WECS)/Windmill. See “Alternative Energy Structures.” Wireless Telecommunications Carrier. Every person that directly or indirectly owns, controls, operates, or manages plant, equipment, or property within the City, used or to be used for the purpose of offering wireless telecommunications service.

Wireless Telecommunications Facilities (Land Use). The structure, equipment, and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, antenna support structures, building attached facilities, associated support structures, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireless telecommunications services.

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Packet Pg. 5526 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Wireless Telecommunications Provider. Every person who provides wireless telecommunications services over wireless telecommunications facilities without any ownership or management control of the facilities.

Wireless Telecommunications Services. The providing or offering for rent, sale, lease, or in exchange for other value received, directly to the public, or to classes of users as to be effectively available directly to the public, the transmission between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent or received by way, without limitation, of voice, data, image, graphic, and video programming information, regardless of the facilities used and with or without benefit of any closed transmission medium, by persons, such as, but not limited to, cellular services; paging; personal telecommunications services; other commercial, private, and public safety radio services; commercial mobile services; and common carrier wireless exchange access services, as either defined or amended by competent authority and modified by the City of San Jacinto. — This area intentionally left blank —

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Packet Pg. 5527 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.250 – Definitions, "X"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Xeriscape. Landscaping designed to reduce or eliminate the need for irrigation through the use of low water use or drought tolerant plants.
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Packet Pg. 5529 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.260 – Definitions, "Y"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Yard. The area between a lot line and the side of a principal structure. An area of a yard may be smaller (if a nonconforming lot), the same, or larger in size than a required setback area. See Figure 8-11 (Yards). See also “Setback.”
Figure 8-11
Yards

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Packet Pg. 5531 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040)

17.800 DEFINITIONS

17.800.270 – Definitions, "Z"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.

Zero-Lot Line. The location of a structure on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).

Zero-Lot Line Development. Any subdivision or site plan in which any structure is sited on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).

Figure 8-12
Zero Lot Line Development
Zone. The Zone applied to a site by the Zoning Map, to which an overlay Zone my also be applied subject to overlay Zone location regulations.

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Packet Pg. 5533 Attachment: Ordinance No. 22-10 - Exhibit "H" - Article 8 (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

STATE OF CALIFORNIA ) ORDINANCE NO. 22-11

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA AMENDING THE ZONING
MAPS OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN

JACINTO MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th Cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th Cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Land Use Action LU-1a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village, Mixed-Use, and Very High Density Residential land use designations.”; and WHEREAS, General Plan 2040 Land Use Action LU-4a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village and Mixed-Use land use designations”; and

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Packet Pg. 5534 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

WHEREAS, specifically, the City Council wishes to make certain amendments to the Zoning Map of Title 17 (Development Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and
WHEREAS, on October 25, 2022, the Planning Commission adopted Resolution No. 22-02, in relevant part, recommending the introduction and adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6 th Cycle
Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 2. The City Council has certified the Final EIR pursuant to the California Environmental Quality Act and adopted Findings of Fact and a Statement of Overriding Considerations for the General Plan 2040. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final EIR and adopting the Findings of Fact, and Statement of Overriding Considerations for the General Plan 2040.

SECTION 3. The Zoning Map of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

SECTION 4. The City Council hereby authorized the City Manager or his or her designee is authorized to make minor modifications to the Development Code, including Zoning Map, to address comments provided by the Department of Housing and Community Development on the City's 2021-2029 Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in any new actions by the City that would require a General Fund commitment of $20,000 or greater; and to address inconsistencies, formatting, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

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Packet Pg. 5535 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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Packet Pg. 5536 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

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Packet Pg. 5537 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-11 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-11 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 5538 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-11

EXHIBIT “A”
AMENDMENTS TO THE ZONING MAP OF TITLE 17 (DEVELOPMENT CODE)

OF THE SAN JACINTO MUNICIPAL CODE

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Packet Pg. 5539 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040) Kir
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Savi St
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Quandt Ranch Rd
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River St
Cooks Ave
Mead St
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Bergin St
Third St
Second St
Ninth St
Eleventh St
Ec ho Rd
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Victoria Ave
Byrd St
Montrose Ave
Fifth St
79 Mike
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Tanner St
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Scott St
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Midway St
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Blodgett St
Bath Ave
Sublette Rd
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S O B O B A

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Proposed Zoning Map
2022
10-13-2022
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Cottonwood
Lake
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LEGEND
San Jacinto City Limits
San Jacinto Sphere of Influence
Neighboring City
Assessor Parcel Boundary
Specific Plan Area
RAAB Combining Overlay Zone
Housing Overlay
Residential Zones
RE - Residential Estate
RR - Rural Residential
RL - Residential, Low Density
RM - Residential, Medium Density
RH - Residential, High Density
RVH - Residential, Very High Density
Commercial and Industrial Zones
CG - Commercial General
CN - Commercial Neighborhood
CR - Commercial Regional
IL - Industrial Light
IH - Industrial Heavy
BP - Business Park
OP - Office Park
Mixed Use Zones
MU - Mixed Use
MU-E - Mixed Use - Entertaintainment
DV - Downtown Village
Special Purpose Zones
OSG - Open Space General
OSR - Open Space Recreation
PI - Public Institutional
SP - Specific Plan
W - Water Source

4.1.ad
Packet Pg. 5540 Attachment: Ordinance No. 22-11 - Exhibit "A" - Zoning Map (Envision San Jacinto - General Plan 2040) Ordinance No. 22-12

STATE OF CALIFORNIA ) ORDINANCE NO. 22-12

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA REPEALING AND
REPLACING TITLE 16 (SUBDIVISION CODE) OF THE SAN

JACINTO MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Land Use Action LU-1c states that the City shall “review the Subdivision Code and update as appropriate to accommodate the changes in the Development Code and the Land Use goals, policies, and implementation actions included in this Plan.”; and
WHEREAS, specifically, the City Council wishes to repeal and replace Title 16 (Subdivision Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and

4.1.ae
Packet Pg. 5541 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-12

adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6
th cycle Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 2. The City Council has certified the Final EIR pursuant to the California Environmental Quality Act and adopted Findings of Fact and a Statement of Overriding Considerations for the General Plan 2040. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final EIR and adopting the Findings of Fact, and Statement of Overriding Considerations for the General Plan 2040.

SECTION 3. Title 16 (Subdivision Code) of the San Jacinto Municipal Code is hereby repealed and replaced as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

SECTION 4. The City Council hereby authorized the City Manager or his or her designee is authorized to make minor modifications to the Subdivision Code to address comments provided by the Department of Housing and Community Development on the City's 2021-2029 Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in any new actions by the City that would require a General Fund commitment of $20,000 or greater; and to address inconsistencies, formatting, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other

4.1.ae
Packet Pg. 5542 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-12

provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

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Packet Pg. 5543 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-12

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-12 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-12 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 5544 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-12

EXHIBIT “A”
AMENDMENTS TO TITLE 16 (SUBDIVISION CODE) OF THE SAN JACINTO

MUNICIPAL CODE

4.1.ae
Packet Pg. 5545 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040) 1 Title 16 – Subdivisions Draft October 2022
TITLE 16,SUBDIVISIONS
Table of Contents
CHAPTER 16.01: PURPOSE AND APPLICABILITY ...................................................................6

16.01.010 Title..................................................................................................................................6

16.01.020 Purpose and Intent........................................................................................................6

16.01.030 Authority ........................................................................................................................6

16.01.040 Applicability...................................................................................................................6

16.01.050 Exceptions.......................................................................................................................7

16.01.060 Consistency with the General Plan.............................................................................8

16.01.070 Conflicting Requirements ............................................................................................8

16.01.080 Status of Covenants and Agreements ........................................................................8

16.01.090 Severability.....................................................................................................................8 CHAPTER 16.05: ADMINISTRATIVE RESPONSIBILITIES........................................................9

16.05.010 Purpose ...........................................................................................................................9

16.05.020 Responsibilities and Authorities .................................................................................9

16.05.030 Fees and Deposits........................................................................................................10 CHAPTER 16.10: RULES OF INTERPRETATION......................................................................11

16.10.010 Purpose .........................................................................................................................11

16.10.020 Interpretation of Code Provisions.............................................................................11

16.10.030 Rules of Interpretation................................................................................................11 CHAPTER 16.15: ENFORCEMENT...............................................................................................13

16.15.010 Purpose .........................................................................................................................13

16.15.020 Applicability.................................................................................................................13

16.15.030 Prohibition....................................................................................................................13

16.15.040 Remedies.......................................................................................................................14 CHAPTER 16.20: TENTATIVE MAPS ..........................................................................................16

16.20.010 Applicability.................................................................................................................16

16.20.020 Tentative Map Form and Content.............................................................................16

16.20.030 Compliance with the General Plan and the Development Code .........................17

4.1.af
Packet Pg. 5546 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 2 Title 16 – Subdivisions Draft October 2022

16.20.040 Geotechnical, Geologic, and Soils Report................................................................17

16.20.050 Flood Management .....................................................................................................18

16.20.060 Determination of Application Completeness..........................................................19

16.20.070 Tentative Map Distribution .......................................................................................19

16.20.080 Time Frames for Action on Tentative Maps............................................................19

16.20.090 Findings of Approval for Tentative Maps ...............................................................20

16.20.100 Tentative Map Procedures .........................................................................................21

16.20.110 Appeals .........................................................................................................................21

16.20.120 Expiration of a Tentative Map...................................................................................21

16.20.130 Extensions of Time for Tentative Maps....................................................................21

16.20.140 Modifications of Tentative Maps ..............................................................................23

16.20.150 Effect of Annexation on Maps ...................................................................................25 CHAPTER 16.25: VESTING TENTATIVE MAPS........................................................................26

16.25.010 Purpose .........................................................................................................................26

16.25.020 Applicability.................................................................................................................26

16.25.030 Filing and Processing of Vesting Tentative Maps ..................................................26

16.25.040 Application Materials .................................................................................................26

16.25.050 Development Rights ...................................................................................................27

16.25.060 Mandatory Findings for Approval ...........................................................................28

16.25.070 Expiration of a Vesting Tentative Map ....................................................................29

16.25.080 Extensions of Time for Vesting Tentative Maps .....................................................29

16.25.090 Modifications to Vesting Tentative Maps................................................................29 CHAPTER 16.30: STATE MANDATED SUBDIVISIONS ..........................................................30

16.30.010 Purpose .........................................................................................................................30

16.30.020 Responsibilities and Authorities ...............................................................................30 CHAPTER 16.35: COMMON INTEREST SUBDIVISION CONVERSIONS............................31

16.35.010 Applicability.................................................................................................................31

16.35.020 Development Review Required ................................................................................31

16.35.030 Application Requirements .........................................................................................31

16.35.040 Physical Standards for Condominium Conversions..............................................34

16.35.050 Tenant Provisions........................................................................................................37

4.1.af
Packet Pg. 5547 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 3 Title 16 – Subdivisions Draft October 2022

16.35.060 Notice to New Tenants ...............................................................................................38

16.35.070 Findings ........................................................................................................................38 CHAPTER 16.40: FINAL MAPS AND PARCEL MAPS.............................................................40

16.40.010 General..........................................................................................................................40

16.40.020 Accompanying Data and Additional Information.................................................40

16.40.030 Survey and Monuments Required............................................................................40

16.40.040 Submission and Review .............................................................................................41

16.40.050 Complete and Timely Filing ......................................................................................41

16.40.060 Final Map / Parcel Map Approval ............................................................................43

16.40.070 Limitation on Map Denial..........................................................................................44

16.40.080 Filing with the Office of the County Recorder........................................................44

16.40.090 Waiver of Parcel Map .................................................................................................44

16.40.100 Certificate of Correction .............................................................................................46

16.40.110 Effect of Annexation on Maps ...................................................................................46 CHAPTER 16.45: CERTIFICATES OF COMPLIANCE ..............................................................48

16.45.010 Purpose .........................................................................................................................48

16.45.020 Applicability.................................................................................................................48

16.45.030 Application and Required Fees .................................................................................48

16.45.040 Approving Authority..................................................................................................48

16.45.050 Criteria for Issuance ....................................................................................................48

16.45.060 Filing of Certificate of Compliance ...........................................................................49 CHAPTER 16.50: LOT LINE ADJUSTMENTS.............................................................................50

16.50.010 Purpose .........................................................................................................................50

16.50.020 Applicability.................................................................................................................50

16.50.030 Application and Required Fees .................................................................................50

16.50.040 Approving Authority..................................................................................................50

16.50.050 Processing Procedures ................................................................................................50

16.50.060 Findings for Approval................................................................................................51

16.50.070 Prohibited Conditions ................................................................................................51 CHAPTER 16.55: LOT MERGER ...................................................................................................52

16.55.010 Purpose .........................................................................................................................52

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Packet Pg. 5548 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 4 Title 16 – Subdivisions Draft October 2022

16.55.020 Applicability.................................................................................................................52

16.55.030 Approving Authority..................................................................................................52

16.55.040 Processing Procedures ................................................................................................53

16.55.050 Mandatory Merger Requirements ............................................................................53

16.55.060 City-Initiated Merger..................................................................................................54

16.55.070 Effective Date of Merger.............................................................................................55

16.55.080 Unmerged Parcels .......................................................................................................55 CHAPTER 16.60: REVERSION TO ACREAGE ...........................................................................57

16.60.010 Purpose .........................................................................................................................57

16.60.020 Initiation of Proceedings ............................................................................................57

16.60.030 Filing of Reversion to Acreage ..................................................................................57

16.60.040 Submittal of Petition to City Engineer .....................................................................58

16.60.050 City Council Approval ...............................................................................................58

16.60.060 Filing with the County Recorder...............................................................................59 CHAPTER 16.65: DESIGN STANDARDS ....................................................................................60

16.65.010 Purpose .........................................................................................................................60

16.65.020 Applicability.................................................................................................................60

16.65.030 Street and Lot Layout Requirements........................................................................60

16.65.040 Lots ................................................................................................................................64

16.65.050 Access to Lots...............................................................................................................66

16.65.060 Energy Conservation ..................................................................................................66

16.65.070 Deviation of Standards ...............................................................................................67 CHAPTER 16.70: DEDICATIONS AND FEES.............................................................................68

16.70.010 Dedications Generally ................................................................................................68

16.70.020 Fees Generally..............................................................................................................69 CHAPTER 16.75: PARKLAND DEDICATION AND FEES.......................................................70

16.75.010 Purpose .........................................................................................................................70

16.75.020 Applicability.................................................................................................................70

16.75.030 General Standard.........................................................................................................70

16.75.040 General Dedication Requirements............................................................................70

16.75.050 Determination of Land or Fee ...................................................................................72

4.1.af
Packet Pg. 5549 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 5 Title 16 – Subdivisions Draft October 2022

16.75.060 Formula for Dedication of Land................................................................................73

16.75.070 Criteria for Requiring Payment of In-Lieu Fees......................................................73

16.75.080 Credit for Private Parks..............................................................................................74

16.75.090 Exemptions...................................................................................................................75 CHAPTER 16.80: IMPROVEMENTS.............................................................................................76

16.80.010 Improvements Required ............................................................................................76

16.80.020 Off-Site Improvements ...............................................................................................76

16.80.030 Deferred Improvements .............................................................................................77

16.80.040 Design of Improvement Plans and Standards ........................................................77

16.80.050 Subdivision Improvement Agreements and Security............................................79

16.80.060 Completion of Improvements ...................................................................................81 CHAPTER 16.85: GRADING..........................................................................................................83

16.85.010 Purpose .........................................................................................................................83

16.85.020 Grading Improvements. .............................................................................................83 CHAPTER 16.90: DEFINITIONS ...................................................................................................85

16.90.010 Purpose .........................................................................................................................85

16.90.020 Definitions ....................................................................................................................85

4.1.af
Packet Pg. 5550 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 6 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.01: PURPOSE AND APPLICABILITY

SECTIONS

16.01.010 Title

16.01.020 Purpose and Intent

16.01.030 Authority

16.01.040 Applicability

16.01.050 Exceptions

16.01.060 Consistency with the General Plan

16.01.070 Conflicting Requirements

16.01.080 Status of Covenants and Agreements

16.01.090 Severability

16.01.010 Title
This Title is known as the Subdivision Ordinance of the City of San Jacinto, hereinafter referred to as the Title.

16.01.020 Purpose and Intent
The purpose of this Title is to provide the City with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed division, consolidation, and/or reconfiguration of land within the city.

16.01.030 Authority
This Title is adopted pursuant to the authority reserved to the City by Article XI, Section 7, of the California Constitution and the authority granted to the City by Section 66411 of the Government Code to supplement and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code, as may be amended from time to time, hereinafter referred to as the Map Act.

16.01.040 Applicability
This Title shall apply to any division, consolidation, and/or reconfiguration of land within the city, except as identified in Section 16.01.050 (Exceptions), and any division, consolidation, and/or reconfiguration submitted to the City concurrently with an application to Annex land into the City. This title shall govern the preparation, processing, and approval of all tentative maps, final maps, parcel maps, lot line adjustments, parcel mergers, reversions to acreage, and waivers and all other actions regulated hereby. Any other matter not regulated by this Title shall be regulated by the Map Act.

4.1.af
Packet Pg. 5551 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 7 Title 16 – Subdivisions Draft October 2022

16.01.050 Exceptions
The following are excepted from Division 2 of Title 7 of the Government Code and this Title. These exceptions are described more fully in Government Code Section 66412 et seq.:

1. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

2. Mineral, oil, or gas leases.

3. Land dedicated to cemetery purposes under the Health and Safety Code.

4. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

5. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

6. The conversion of a community apartment project (Government Code Section 66412(g)).

7. The financing or leasing or any parcel of land or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvement.

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

9. The financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2 of the Government Code; however, this Title shall apply to the sale or transfer of those units.

10. Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock.

11. The leasing or licensing of a portion of a parcel or the granting of an easement, use permit, or similar right for the purpose of financing, erection, sale, or lease of:
a. Wind-powered electrical generation facilities (Government Code Section 66412(i));
b. Cellular radio transmission facilities (Government Code Section 66412(j)); c. Solar electrical generation facilities (Government Code Section 66412(l)); or d. Certain agricultural waste projects (Government Code Section 66412(m)).

4.1.af
Packet Pg. 5552 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 8 Title 16 – Subdivisions Draft October 2022

12. Conveyance of land to or from a government agency, public entity, or public utility, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.

13. Conveyance of land to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.

16.01.060 Consistency with the General Plan
No division, consolidation, and/or reconfiguration of land within the city pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event this Title becomes inconsistent with the General Plan by reason of an amendment thereto or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended.

16.01.070 Conflicting Requirements
The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

A. Specific Plans. Where a specific plan has been adopted containing specific development standards, design, and/or improvement standards that conflict with this Title, the Specific Plan shall supersede the requirements of this Title.

B. Development Agreements. Where a development agreement has been adopted containing specific development standards, design, and/or improvement standards that conflict with this Title, the development agreement shall supersede the requirements of this title.

16.01.080 Status of Covenants and Agreements
The provisions of this Title are not intended to abrogate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this Title.

16.01.090 Severability
Should any section, chapter, paragraph, phrase, or any portion of this Title be declared unconstitutional or invalid or set aside by any court of competent authority, such action

4.1.af
Packet Pg. 5553 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 9 Title 16 – Subdivisions Draft October 2022
shall not affect other sections, chapters, paragraphs, phrases, or parts hereof, as adopted or amended.

CHAPTER 16.05: ADMINISTRATIVE RESPONSIBILITIES

SECTIONS

16.05.010 Purpose

16.05.020 Responsibilities and Authorities

16.05.030 Fees and Deposits

16.05.010 Purpose
The purpose of this chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., City Engineer, Community Development Director, Planning Commission, City Council) for purposes of this Title.

16.05.020 Responsibilities and Authorities
The functions identified by this Title shall be carried out by the authorities as designated in Table 16.05.020-1 (Designated Authority for Approvals) or as specified in this Title.

Table 16.05.020-1: Designated Authority for Approvals and Appeals Approval Type Type of Action
Designated Authority
City
Engineer
Community
Development
Director
Planning
Commission
City
Council
Tentative Tract Map (16.20) Discretionary Decision1 Appeal Tentative Parcel Map (16.20) Discretionary Decision Appeal Appeal Vesting Tentative Tract Map
(16.25) Discretionary Recommend1 Decision1
Vesting Tentative Parcel
(16.25) Discretionary Recommend1 Decision1
Extension or Time Discretionary Decision Appeal Appeal
Common InterestSubdivision
Conversions(16.30)
Discretionary Decision1 Appeal
Final Map (16.35) Ministerial Decision
Final Parcel Map (16.35) Ministerial Decision
Parcel Map Waiver(16.35) Discretionary Decision Appeal Appeal Certificate of Compliance
(16.40)
Ministerial Decision Appeal Appeal
Lot Line Adjustment (16.45) Discretionary Decision Appeal Appeal Lot Merger(16.50) Discretionary Decision Appeal Appeal
Reversion to Acreage (16.55) Discretionary Decision Appeal Appeal 1 Public Hearing required per San Jacinto Development Code Chapter 17.710

4.1.af
Packet Pg. 5554 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 10 Title 16 – Subdivisions Draft October 2022

16.05.030 Fees and Deposits
All applicants submitting applications required by this Title shall pay all applicable fees and/or deposits as adopted by City Council ordinance or resolution.

4.1.af
Packet Pg. 5555 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 11 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.10: RULES OF INTERPRETATION

SECTIONS

16.10.010 Purpose

16.10.020 Interpretation of Code Provisions

16.10.030 Rules of Interpretation

16.10.010 Purpose
The purpose of this chapter is to specify the authority, procedures, and rules for clarification in the regulations of this Title in order to ensure the consistent interpretation and application of the Title.

16.10.020 Interpretation of Code Provisions
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Director, in consultation with the City Engineer as appropriate, shall have the authority and responsibility to interpret such terms, provisions, and requirements, unless specifically stated otherwise.

B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.

C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or is no longer applicable under the current circumstances.

16.10.030 Rules of Interpretation
The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Title.

A. Terminology. The following rules apply to all provisions in this Title:

4.1.af
Packet Pg. 5556 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 12 Title 16 – Subdivisions Draft October 2022

1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular, unless the natural construction of the word indicates otherwise.

3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”
B. Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.

C. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.

4.1.af
Packet Pg. 5557 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 13 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.15: ENFORCEMENT

SECTIONS

16.15.010 Purpose

16.15.020 Applicability

16.15.030 Prohibition

16.15.040 Remedies

16.15.010 Purpose
The purpose of this chapter is to identify prohibitions for the division or conveyance of land and to identify remedies where such prohibited actions have been made.

16.15.020 Applicability
This chapter does not apply to any parcel or parcels of subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this Title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

16.15.030 Prohibition
A. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, or allow occupancy thereof, for which a final map or parcel map is required by the Map Act or this Title, until such a map, in full compliance with the provisions of the Map Act and this Title, and has been filed for record by the County Recorder.

B. Conveyances of any part of a division of real property for which a final or parcel map is required by the Map Act or this Title shall not be made by parcel or block number, letter, or other designation, unless and until such map has been filed for record by the County Recorder.

C. Nothing contained in this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Map Act or this Title.

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Packet Pg. 5558 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 14 Title 16 – Subdivisions Draft October 2022

16.15.040 Remedies
A. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heirs, personal representative, or trustee in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation in accordance with Government Code Section 66499.32(a).

B. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, may, within one year of the date of discovery of such violation, bring an action in the Superior Court of California, County of Riverside, to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who subdivided the property and against any successors in interest who have actual or constructive knowledge of such division of property in accordance with Government Code Section 66499.32(b).

C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance, final map, or parcel map filed by the County Recorder, from and after the date of recording.

D. The provisions of this section shall not limit or affect, in any way, the rights of a grantee or successor in interest under any other provision of law.

E. This section does not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation may otherwise be entitled, and the City or other public agency, or such person, firm, or corporation may file a suit in the Superior Court to restrain or enjoin any attempted or proposed subdivision or sale.

F. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Map Act or this Title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

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Packet Pg. 5559 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 15 Title 16 – Subdivisions Draft October 2022
G. If the City issues a permit or grants approval for the development of any real property illegally subdivided under the provisions of subsection A of this section, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for recordation in accordance with the provisions of Chapter 16.45 (Certificates of Compliance), only those conditions stipulated in that certificate shall be applicable in accordance with Government Code Section 66499.34.

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Packet Pg. 5560 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 16 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.20: TENTATIVE MAPS

SECTIONS

16.20.010 Applicability

16.20.020 Tentative Map Form and Content

16.20.030 Compliance with the General Plan and the Development Code

16.20.040 Geotechnical, Geologic, and Soils Report

16.20.050 Flood Management

16.20.060 Determination of Application Completeness

16.20.070 Tentative Map Distribution

16.20.080 Time Frames for Action on Tentative Maps

16.20.090 Findings of Approval for Tentative Maps

16.20.100 Tentative Map Procedures

16.20.110 Appeals

16.20.120 Expiration of a Tentative Map

16.20.130 Extensions of Time for Tentative Maps

16.20.140 Modifications of Tentative Maps

16.20.150 Effect of Annexation on Maps

16.20.010 Applicability
The procedures set forth in this chapter shall be applicable to tentative tract maps and tentative parcel maps, including subdivisions for condominium purposes. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.20.020 Tentative Map Form and Content
A. Before any tentative map, or request for extension of time of a tentative map, is accepted for filing, the subdivider shall file a completed application form on a City application designated for the specific request, pay all applicable fees, and submit the required tentative map in the appropriate format and quantity, as applicable, and all supporting materials and documents to the Department, as shown on forms and applications provided by the Department. The Director may, from time to time, amend the official application form and the map submittal requirements. Tentative maps shall be prepared in a scale, form, and manner acceptable to the Director and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn as required by the official application form. .

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Packet Pg. 5561 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 17 Title 16 – Subdivisions Draft October 2022
B. The Director may require other drawings, data, reports, or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA), the Municipal Code, and this Title.

C. Except as provided in Section 16.40.050(A), the subdivider shall indicate the intent to submit phased final maps at the time of application for the tentative map, or prior to approval of the tentative map.

D. The subdivider should indicate the intent to request a parcel map waiver at the time of application for tentative map.

E. Vesting tentative maps shall conform to Chapter 16.25 (Vesting Tentative Maps) of this Title.

F. For tentative maps for condominium purposes, each sheet of the map shall clearly state, at a minimum, “For Condominium Purposes”.

16.20.030 Compliance with the General Plan and the Development Code All divisions of land pursuant to this Title shall conform to the City of San Jacinto General Plan and to the provisions set forth in the Development Code for the zone in which the property to be divided is located at the time the application for the tentative map is determined complete.

16.20.040 Geotechnical, Geologic, and Soils Report
A. Soils Report. The subdivider shall provide a preliminary soils report, based upon adequate subsurface exploration, test borings, and laboratory tests, with application of the tentative map or parcel map. In the event the preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction, or other soil problems, which if not corrected could result in structural defects, a geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and a report shall be submitted recommending corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and that the issuance of any Building Permit shall be conditioned to include this recommended corrective action with the construction of each affected structure. The report may be waived if, in the exercise of his or her professional

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Packet Pg. 5562 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 18 Title 16 – Subdivisions Draft October 2022
judgment, the City Engineer finds that sufficient knowledge exists as to the qualities of the soils within the proposed subdivision.

B. Geologic and geotechnical reports shall be required, with application of the tentative map or parcel map, as directed by the City Engineer or, when a subdivision involves any of the following:

1. The subdivision is within any zone requiring special study by the State Geologist or the City Engineer.

2. The subdivision proposes to dispose surface water through the use of dry wells or other subsurface facilities.

3. The site of the subdivision contains hillside areas where the existing gradient equals or exceeds 25 percent.

4. The development of the subdivision requires excavation into bedrock.

C. Geotechnical, geologic, and soils reports, as required herein, shall be prepared by an engineer or geologist based on guidelines determined by the City Engineer, as applicable, who is authorized or licensed to practice and prepare the reports by the State of California. Such reports shall be reviewed and approved by the City Engineer. If public improvement plans or grading plans are required as part of the tentative map approval process, the review and approval of the geotechnical, geologic, or soils reports shall be required prior to approval of public improvement plans or grading plans. The City Engineer may waive these requirements for parcel maps at his or her discretion,in the exercise of his or her professional judgment. The City Engineer shall make a copy of all approved reports available to the public.

16.20.050 Flood Management
Prior to approval of any tentative map or tentative parcel map, the subdivider shall demonstrate, to the satisfaction of the City Engineer, that the design of the subdivision is such that it conforms with Chapter 15.40 (Floodplain Management) of the San Jacinto Municipal Code. The City Engineer may require studies, mapping, easements, design, and construction as part of the final map or parcel map processing to ensure that this requirement is met. Unless otherwise permitted by this Title, no final map or parcel map shall be recorded if additional studies, engineering design, acquisition of easements, or construction of flood control facilities is required for issuance of any Building Permit for the subdivision. The City Engineer shall make a copy of all approved studies available to

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Packet Pg. 5563 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 19 Title 16 – Subdivisions Draft October 2022
the public. Such studies shall be prepared under the direction of a registered civil engineer.

16.20.060 Determination of Application Completeness
The Director shall notify the applicant of its determination of completeness of the subdivision application in accordance with Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the Planning Commission pursuant to Government Code Section 65943(c), through the appeal process set forth in Chapter 17.715 (Appeals) of the Development Code.

16.20.070 Tentative Map Distribution
When a tentative map has been properly filed and the land divider has furnished the required number of copies and paid the required fee, the Director shall determine which agencies will be affected by the proposed land division and forward to each one copy of the tentative map.

16.20.080 Time Frames for Action on Tentative Maps
A. The approving authority shall hold a public hearing on the map, and upon making all findings required in Section 16.20.090 (Findings of Approval for Tentative Maps), shall approve or conditionally approve the tentative map. If such findings are not made, the approving authority shall deny the tentative map. The approving authority shall render a decision within 50 days of certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA, in accordance with Government Code Sections 66452.1 and 66452.2:

B. The time frames noted above may be extended as provided by prevailing statutory law or court decisions.

C. In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to Government Code Section 66452.4, the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.

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Packet Pg. 5564 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 20 Title 16 – Subdivisions Draft October 2022

16.20.090 Findings of Approval for Tentative Maps
Any tentative map shall be approved, or conditionally approved, only if all the following findings are made:

A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the San Jacinto Municipal Code.

B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.

C. The site is physically suitable for the type and proposed density of development proposed by the tentative map.

D. The design of the subdivision and the proposed improvements, with conditions of approval, are either:

1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or

2. An environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.

E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.

G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.

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Packet Pg. 5565 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 21 Title 16 – Subdivisions Draft October 2022
H. The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 16.75 (Parkland Dedication and Fees).

16.20.100 Tentative Map Procedures
A. The designated approving authority as specified in Section 16.05.020 (Responsibilities and Authorities) may approve or conditionally approve any tentative tract map if it can make the findings listed in Section 16.20.090 (Findings of Approval for Tentative Maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable City standards in effect at the time the application was deemed complete; provided, however, that such other City standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.

B. The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this Title, and shall deny the tentative map if it cannot make all of the findings listed in Section 16.20.090.

16.20.110 Appeals
A subdivider or any other interested party may appeal a decision of the Director or the Planning Commission by using the procedures set forth in Section 17.715 (Appeals) of the Development Code.

16.20.120 Expiration of a Tentative Map
An approved or conditionally approved tentative map shall expire 36 months after its approval by the designated authority as outlined in Table 16.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map.

16.20.130 Extensions of Time for Tentative Maps
Notwithstanding Section 16.20.120 (Expiration of a Tentative Map), the initial 36-month term of approved or conditionally approved tentative maps may be extended as follows:

A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the

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Packet Pg. 5566 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 22 Title 16 – Subdivisions Draft October 2022
Department a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.

B. Provided no changes are being requested by the subdivider, the Director may approve one or more extensions of time up to 36 months in addition to the original 36 month expiration for a total of 6 years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current City standards and ordinances, and State or federal requirements to the extent allowed by law provided that all of the findings required by Section 16.20.090 (Findings of Approval for Tentative Maps) can be made.

C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with Section 16.20.140 (Modifications of Tentative Maps) and the City may require amendments to the tentative map or the conditions of approval.

D. If a subdivider is required to expend the amount specified in Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than 10 years from its date of original approval.

E. Request for time extensions must be filed with the Department prior to the expiration of the map or any subsequent extensions. Retroactive time extensions (time extensions that have already expired) are prohibited unless specified by law or court order.

F. The period of time specified in Section 16.20.120 including any extension thereof granted pursuant to Section 16.20.130 A through D, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the

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Packet Pg. 5567 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 23 Title 16 – Subdivisions Draft October 2022
moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

G. The period of time specified in Section 16.20.120 including any extension thereof granted pursuant to Section 16.20. 130 A through D, shall not include the period of time during which a lawsuit or challenge involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the City pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay pursuant to the City’s adopted procedures. Within 40 days after receiving the application, the City shall either stay the time period for up to five years or deny the requested stay.

16.20.140 Modifications of Tentative Maps
A. Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, or by action initiated by the Director or City Engineer, pursuant to this section. The subdivider shall file an application with the Department requesting that a determination be made regarding the project. The City shall respond within 30 days with a determination that the application is complete or incomplete. Additional exhibits may be required at the discretion of the City.

B. Minor Modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:

1. Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this Title or the Development Code. The following modifications are considered minor:
a. Modifications to less than 10 percent of the total number of lots in the subdivision, provided that the basic design concept is retained and there is no increase in the total number of lots within the subdivision. b. Modifications to the horizontal alignment of 10 feet or less, or vertical alignment of 5 feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property, and design integrity of the roadways.

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Packet Pg. 5568 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 24 Title 16 – Subdivisions Draft October 2022
c. Modifications to a condition of approval that is no longer appropriate or necessary.
d. Any other changes which in the opinion of the Director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.

2. Review. Minor modifications are processed administratively without notice or public hearing.

C. Major Modifications. Major modifications to an approved or conditionally approved map shall be processed as follows:

1. Applicability. A major modification includes changes that exceed the thresholds listed in Subsection 16.20.140.B.

2. Review.
a. The Director shall make a written recommendation to the final approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
b. The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.

D. The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to Section 16.20.130 (Extensions of Time for Tentative Maps).

E. Any other amendment not meeting the criteria as listed in Subsection 16.20.140.B or Subsection 16.20.140.C of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval.

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Packet Pg. 5569 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 25 Title 16 – Subdivisions Draft October 2022

16.20.150 Effect of Annexation on Maps
When any area for which a subdivision or proposed subdivision subject to any tentative map, parcel map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this Title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the City standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within 36 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The City may require the subdivider to attend a pre-application meeting with the Director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the City’s policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the timeframe specified above will be considered expired, and no final map shall be processed by the City.

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Packet Pg. 5570 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 26 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.25: VESTING TENTATIVE MAPS

SECTIONS

16.25.010 Purpose

16.25.020 Applicability

16.25.030 Filing and Processing of Vesting Tentative Maps

16.25.040 Application Materials

16.25.050 Development Rights

16.25.060 Mandatory Findings for Approval

16.25.070 Expiration of a Vesting Tentative Map

16.25.080 Extensions of Time for Vesting Tentative Maps

16.25.090 Modifications to Vesting Tentative Maps

16.25.010 Purpose
The purpose of this chapter is to establish procedures for the review, approval, and administration of vesting tentative maps. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.25.020 Applicability
Whenever this Title requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this Chapter. As used in this Chapter, “vesting tentative maps” shall include vesting tentative maps for all subdivisions, without regard to the number or type of lots being created.

16.25.030 Filing and Processing of Vesting Tentative Maps A vesting tentative map shall be filed in the same form, shall have the same content and accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 16.20 (Tentative Maps), except as modified by this chapter. The designated approval authorities for vesting tentative maps and vesting tentative parcel maps shall be as specified in Section 16.05.020 (Responsibilities and Authorities).

16.25.040 Application Materials
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” The application shall be submitted in accordance with Section 16.20.020 (Tentative Map Form and Content), accompanied by the following additional materials:

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Packet Pg. 5571 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 27 Title 16 – Subdivisions Draft October 2022
A. Details on the height, size, and location of proposed buildings.

B. Architectural elevations, schematic plans, and materials board for proposed building.

C. Grading Plans, Sewer, water, storm drain, electrical, cable television, telephone, gas and street improvement plans.

D. Flood control information.

E. A school impact analysis.

F. A traffic impact analysis.

G. Detailed grading plans.

H. Solar access, passive or natural heating or cooling opportunities.

I. Signing programs (advertising and safety signing).

J. Proposed programs for open space maintenance, slope maintenance, provision of trails/parks and maintenance thereof.

K. Other application requirements as deemed necessary by the City.

16.25.050 Development Rights
A. The conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B. The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if either of the following are determined:

1. Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The condition(s) or denial is required in order to comply with state or federal law.

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Packet Pg. 5572 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 28 Title 16 – Subdivisions Draft October 2022
C. The provisions of this section shall not:

1. Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subsection A of this section.

2. Diminish or alter the City’s power to impose conditions on a development to protect against a condition dangerous to the public health or safety.

D. If a final map or a parcel map is approved prior to the expiration of the vesting tentative map and is subsequently recorded, the tentative map vesting rights for the final map area or parcel map area shall last for the periods listed below:

1. An initial time period of 2 years following recordation of the final map or parcel map. Where several final maps or parcel maps are recorded on phases of a project covered by a single vesting tentative map, the 2-year time period for each final map or parcel map shall begin on the date of recordation of that map.

2. The initial time period set forth in the above paragraph shall be automatically extended by any time used by the City for processing a complete application for a Grading Permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days, and provided further that such extensions shall not be cumulative.

3. If, during the 2-year period following recording of a final map or final parcel map, the City receives a complete application for a Building Permit and the subdivider has satisfied all requirements for the issuance of a Building Permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the Building Permit.

16.25.060 Mandatory Findings for Approval
The City shall approve a vesting tentative map only if the approving authority makes findings in accordance with Section 16.20.090 (Findings of Approval for Tentative Maps).

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Packet Pg. 5573 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 29 Title 16 – Subdivisions Draft October 2022

16.25.070 Expiration of a Vesting Tentative Map
A conditionally-approved vesting tentative map shall expire 36 months after its approval.

The expiration of an approved or conditionally approved vesting tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the vesting tentative map shall be filed without first processing a new map.

16.25.080 Extensions of Time for Vesting Tentative Maps Notwithstanding Section 16.25.070 (Expiration of a Vesting Tentative Map), the initial 36- month term of approved or conditionally-approved vesting tentative maps may be extended in the manner as outlined in Section 16.20.130 (Extensions of Time for Tentative Maps).

16.25.090 Modifications to Vesting Tentative Maps
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. The approval authority shall hold a public hearing on any application involving a modification to the vesting tentative map or to the development related thereto, following procedures set forth for the modification of tentative maps in Section 16.20.140 (Modifications of Tentative Maps). Approval of a modification to a vesting tentative map or to the development related thereto shall not alter the expiration date of the vesting tentative map.

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Packet Pg. 5574 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 30 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.30: STATE MANDATED SUBDIVISIONS

SECTIONS

16.30.010 Purpose

16.30.020 Responsibilities and Authorities

16.30.010 Purpose
The purpose of this chapter is to establish and describe the processes for state mandated subdivisions, including those required under Senate Bill 9.

16.30.020 Responsibilities and Authorities
Refer to Article 9 of the Title 17 – Development Code for processing of State Mandated Subdivisions.

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Packet Pg. 5575 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 31 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.35: COMMON INTEREST SUBDIVISION

CONVERSIONS

SECTIONS

16.35.010 Applicability

16.35.020 Development Review Required

16.35.030 Application Requirements

16.35.040 Physical Standards for Condominium Conversions

16.35.050 Tenant Provisions

16.35.060 Notice to New Tenants

16.35.070 Findings

16.35.010 Applicability
This chapter shall apply to all conversions of existing residential real property to condominiums, community apartments, or stock cooperative projects or any other form of ownership except conversion projects for which a final map or parcel map has been approved by the City Council prior to the effective date of the ordinance codified in this chapter, or where the conversion involved a limited equity housing cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions, conditions, and further definitions of condominium development as approved included in the California Civil Code, Government Code, Revenue and Taxation Code, and Business and Professions Code shall apply to the divisions of real property as permitted herein.

16.35.020 Development Review Required
In addition to the limitations and restrictions contained in this chapter, the Map Act, and the applicable building and fire regulations, no residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project, or condominium without concurrently obtaining approval of a Conditional Use Permit in accordance with Section 17.605 of the Development Code.

16.35.030 Application Requirements
In addition to such other application requirements as are deemed necessary by the City, an application for conversion of a residential unit shall not be accepted or considered complete unless the application includes all of the following information in a form acceptable to the Director, except where such requirement is waived or modified by the Director:

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Packet Pg. 5576 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 32 Title 16 – Subdivisions Draft October 2022
A. Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities, sound transmission levels between units, mechanical equipment, parking facilities, and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built, the condition of each element, the cost of replacing the element, and any variation or noncompliance of the element from the Development Code in effect at the time the application is filed with the City and from the Building Code in effect on the date that the last Building Permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

B. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure.

C. A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.

D. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a level of appearance and safety consistent with applicable codes and ordinances, as specified in subdivision A of this section.

E. A declaration of covenants, conditions, and restrictions (CC&Rs) in draft or outline form which would be applied to any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of all utility lines and services for each unit; and a plan for equitable sharing of communal water metering.

F. Specific information concerning the demographic characteristics of the project, including but not limited to the following:

1. Square footage and number of rooms in each unit.

2. Rental rate history for each unit for previous 5 years.

3. Monthly vacancy rate for each month during preceding 2 years.

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Packet Pg. 5577 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 33 Title 16 – Subdivisions Draft October 2022

4. Makeup of existing tenants’ households, including size, length of residence, age of tenants, and whether receiving federal or state rent subsidies.

5. Proposed sale price of each unit.

6. Proposed homeowners association fee.

7. Financing available.

8. Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Director.

G. Signed copies from each tenant of notice of intent to convert, as specified in Section

16.45.060 (Notice to New Tenants). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with legal requirements for service by mail.

H. Any other information which, in the opinion of the Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

I. Submittal of Budget. The subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities, including needed reserves, with the tentative map application. The budget shall show estimated monthly costs to the owner of each unit, projected over a 5-year period, or such time as is required by the California Department of Real Estate. Such budget shall be prepared or reviewed and approved by a professional management firm experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

J. Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by subsections A through I of this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office, and a notice indicating that such reports are available shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the homeowners association upon its formation.

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Packet Pg. 5578 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 34 Title 16 – Subdivisions Draft October 2022
K. Final Information Submitted. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Department:

1. Name, address, and phone number of homeowners association.

2. Actual sales price of units.

3. Actual homeowner’s association fee.

4. Number of prior tenants who intend to purchase units.

5. Number of units purchased with intent to be used as rentals.

The final form of the physical elements report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Department for review by any interested persons until the conclusion of the conversion process. The report shall be referenced in the subdivision report to the Approval Authority.

16.35.040 Physical Standards for Condominium Conversions Adequate Physical Condition. To achieve the purpose of this chapter, the Approval Authority shall require that all condominium conversions conform to the San Jacinto Development Code in effect at the time of tentative map approval, except as otherwise provided in this chapter. In making the determination that the project is in conformance with the Development Code and other applicable provisions of the Municipal Code, the following will be required:

A. Prior to scheduling the tentative map for a public hearing, an inspection shall be conducted by the Director, or designee(s), to determine project-wide conformance with Title 17 and other applicable provisions of the Municipal Code. A report of any violations shall be included in the staff report to the Approval Authority. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.

B. Prior to the approval of the final map or parcel map, a physical inspection of the project site, including each individual unit, shall be made by the Director, or designee(s). Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and Conditional Use Permit approval. All such corrections shall be made prior to the approval of the final or

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Packet Pg. 5579 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 35 Title 16 – Subdivisions Draft October 2022
parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.

C. Specific Physical Standards. The Planning Commission shall require conformance with the standards of this subsection in approving the map.

D. Building Regulations. The project shall conform to the applicable standards of the Uniform Building Code, Uniform Plumbing Code, and Uniform Electrical Code in effect on the date that the last Building Permit was issued for the subject structure or structures except as herein provided.

E. Health and Safety. Each bathroom in each living unit shall be provided with ground fault circuit interrupters.

F. Fire Prevention.

1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards, as adopted by the City.

2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times.

G. Parking. Each unit shall be provided parking in accordance with Chapter 17.330 (Parking and Loading Standards).

H. Sound Transmission.

1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structureborne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Approval Authority may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

I. Utility Metering. Each dwelling unit shall be separately metered for water, gas, and electricity, and each unit shall have a separate lateral connection to a trunk sanitary sewer. Alternatively, the subdivider shall develop a plan for equitable sharing of these utilities prior to final map or parcel map approval, which shall be included in the covenants, conditions, and restrictions.

J. Private Storage Space. Each unit shall have at least 150 cubic feet of enclosed weatherproof and lockable private storage space in addition to guest, linen, pantry,

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Packet Pg. 5580 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 36 Title 16 – Subdivisions Draft October 2022
and clothes closets customarily provided. Such space may be provided in any location approved by the Approval Authority, but shall not be divided into two or more locations.

K. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units with two or more bedrooms, and for every seven studio , efficiency, or one bedroom units.

L. Landscape Maintenance. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. If a significant amount of new landscaping is required, the subdivider shall prepare revised/new landscape plans for review and approval by the Director . Such plans shall be subject to all applicable City ordinances including but not limited to Chapter 17.325 (Landscaping Standards) of the Development Code.

M. Condition of Equipment and Appliance. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided have a useful life of at least 1 year. At such time as the developer relinquishes control over management of the development, pursuant to the covenants, conditions, and restrictions, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances, recreational amenities and mechanical equipment to be owned in common by the association have a useful life of 1 year. Prior to final map or parcel map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this subsection.

N. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, recreational equipment, and additional elements as required by the Approval Authority shall be refurbished and restored as necessary to achieve a degree of appearance, quality, and safety consistent with applicable City standards. The developer shall provide to the homeowners association and/or purchaser a 1-year warranty on all physical improvements required under this subsection. If substantial restoration is required, the design plans shall be subject to the Approval Authority approval.

O. Long-Term Reserves. Prior to approval of the final map or parcel map, the developer shall provide satisfactory evidence to the City that a long-term reserve fund for replacement and repair has been established in the name of the homeowners association. Such fund shall equal at least two times the estimated monthly homeowners’ assessment for each dwelling unit, or an amount otherwise required by law.

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Packet Pg. 5581 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 37 Title 16 – Subdivisions Draft October 2022

16.35.050 Tenant Provisions
A. Notice of Intent. As provided in Government Code Section 66427.1(a)(2)(A), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application for the tentative map and Conditional Use Permit. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Director and shall inform the tenants of all rights provided under this chapter and state law.

B. Notice of Public Report. As provided in Government Code Section 66427.1(a)(2)(B), each tenant shall receive 10 days’ written notice that an application for a public report will be or has been submitted to the California Department of Real Estate and that such report will be available on request from the Department. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

C. Notice of Subdivider’s Report. As provided in Government Code Section 66427.1(a)(2)(C), each tenant shall receive written notification that the subdivider has received the public report from the California Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.

D. Notice of Final Map Approval. As provided in Government Code Section 66427.1(a)(2)(D), each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

E. Notice of Intention to Convert. As provided in Government Code Section 66427.1(a)(2)(E), each tenant shall receive 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion, but not before the Approval Authority has approved a tentative map for the conversion.

F. Tenant’s Right to Purchase. As provided in Government Code Section 66427.1(a)(2)(F), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period not less than 90 days from the date of the issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written

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Packet Pg. 5582 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 38 Title 16 – Subdivisions Draft October 2022
notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

G. The developer shall provide suitable alternate housing to tenant households, at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the Director.

16.35.060 Notice to New Tenants
After submitting the tentative map and development plan applications to the City, the developer shall notify any prospective tenants in writing of the intent to convert prior to leasing or renting any unit. The form of the notice shall be as follows, or similar with same intent:

To the prospective occupant(s) of [Address]
The owner(s) of this building/project, at (address), has/have filed an application for a tentative map and Conditional Use Permit with the City of San Jacinto to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless and until the City approves the conversion and subsequently a public report is issued by the California Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which a notice is required pursuant to California Government Code Sections 66451.3 and 66452.5, and you have the right to appear and the right to be heard at such hearing.
_________________________________
(Signature of owner’s agent) (Dated)
_________________________________
I have received notice on (date) Prospective tenant or tenants signature(s)

16.35.070 Findings
Prior to approval of the tentative map and conditional use permit, the Approval Authority shall hold a public hearing. Notice of the hearing shall be given in accordance with Government Code Section 65090 and San Jacinto Development Code Section 17.710 (Public Hearing and Notice). A copy of any staff report shall be served by the developer on each tenant of the subject property at least 3 days priorto the hearing, either by personal service

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Packet Pg. 5583 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 39 Title 16 – Subdivisions Draft October 2022
or by posting the report on the front door of the unit and mailing it to the tenant. The Approval Authority shall not approve a tentative map for conversion of apartment units unless the Approval Authority finds that:

A. All provisions of this chapter are met.

B. The proposed conversion is consistent with the goals, objectives, policies, general land uses, and programs specified in the San Jacinto General Plan, including the Housing Element, and with any applicable specific plan.

C. The proposed conversion will conform to the San Jacinto Municipal Code in effect at the time of tentative map and development plan approval, except as otherwise provided in this chapter.

D. The overall design, physical condition, and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the city and such elements achieve a high degree of appearance, quality, and safety.

E. The proposed project will not convert, during the current calendar year, more than 5 percent of the potentially convertible rental units in San Jacinto for the current calendar year, except as otherwise provided in this chapter.

F. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion.

G. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled.

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Packet Pg. 5584 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 40 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.40: FINAL MAPS AND PARCEL MAPS

SECTIONS

16.40.010 General

16.40.020 Accompanying Data and Additional Information

16.40.030 Survey and Monuments Required

16.40.040 Submission and Review

16.40.050 Complete and Timely Filing

16.40.060 Final Map / Parcel Map Approval

16.40.070 Limitation on Map Denial

16.40.080 Filing with the Office of the County Recorder

16.40.090 Waiver of Parcel Map

16.40.100 Certificate of Correction

16.40.110 Effect of Annexation on Maps

16.40.010 General
The form, contents, accompanying data, and filing of the final map or parcel map shall conform to the provisions of the Map Act, this Title, and applicable standards imposed by the County of Riverside for maps filed with the Office of the County Recorder. The final map or parcel map and any accompanying data or additional information shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor authorized to practice in the state of California. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.40.020 Accompanying Data and Additional Information
The filing of accompanying data and additional information shall be required with the filing of the final tract map or parcel map, in accordance with Chapter 16.40.050 (Complete and Timely Filing).

16.40.030 Survey and Monuments Required
A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the State of California, pursuant to the requirements of the City Engineer. All information required by City standards shall be incorporated into the survey.

B. At the time of making the survey for the final map or parcel map, or within 2 years from the complete and timely filing of the final map or parcel map, whichever

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Packet Pg. 5585 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 41 Title 16 – Subdivisions Draft October 2022
occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and City standards.

C. The City Engineer may waive the requirements in subsections A and B of this section for parcel maps at his or her discretion.

16.40.040 Submission and Review
Final map and parcel map submittal and review procedures shall be pursuant to this chapter and applicable City standards. The City Engineer shall review all final map and parcel map submittals for conformance with the provisions of this Title and may deem them incomplete and return all or portions of a submission for reasons including but not limited to the following: incomplete submission or filing; untimely submission or filing; nonconformance with the tentative map; nonconformance with the conditions of approval applied to the tentative map; nonconformance with this Title; nonconformance with City standards; or errors or omissions on the final map or parcel map, on any accompanying data, or on any additional information.

16.40.050 Complete and Timely Filing
A. Prior to the expiration of an approved or conditionally-approved tentative map, the subdivider may file with the City a final map of the land to be subdivided. The subdivider may file multiple or phased final maps with the City provided that either of the following has occurred:

1. The subdivider, upon submittal of the tentative map, informed the City of his or her intent to file multiple or phased final maps; or

2. After filing of the tentative map, the City Engineer concurs in writing to a written request from the subdivider to allow the filing of multiple or phased final maps.

Nothing in this section shall limit the authority of the City to impose reasonable conditions related to access, dedications, improvements, or fees on each final map so submitted.

B. If the subdivider did not inform the City of his or her intent to file multiple or phased final maps upon submittal of the tentative map and the City Engineer does not concur in writing to a written request from the subdivider to allow the filing of multiple or phased final maps, an approved or conditionally approved tentative map must be resubmitted for review and approval in accordance with the provisions of Chapter 16.20 (Tentative Maps).

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Packet Pg. 5586 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 42 Title 16 – Subdivisions Draft October 2022
C. The City Engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to the expiration of the tentative map:

1. Improvement plans.

2. Complete and accepted public improvements or acceptable subdivision improvement agreement(s) and securities.

3. Proof of payment of all applicable fees.

4. Will-serve letters from all applicable utilities and agencies.

5. Noninterference letters from all applicable easement or title interest holders.

6. Original and copies of all sheets of the final map in their required form and content.

7. Proof of ownership of all affected properties. Title reports not older than 30 days from the scheduled filing for recordation of the final map shall be provided to confirm ownership, easements and other information that may affect the recordation of the final map.

8. Subdivision guarantee from a title company, less than 60 days old.

9. Letter from all affected property owners requesting approval of the final map.

10. Small-scale map of the proposed subdivision.

11. Written clearance from all affected City departments.

12. Written clearance from all affected public agencies.

13. All applicable agreements or documents to be approved by the City Council or filed or recorded concurrently with the map, including CC&Rs.

14. Proof that all additional requirements of Chapter 16.20 (Tentative Maps) and Chapter 16.25 (Vesting Tentative Maps) have been satisfied.

15. The City’s Park dedication requirements of Chapter 16.75 (Parkland Dedication and Fees) have been satisfied.

16. Establish a funding mechanism for public improvements, landscaping, lighting, streets, police protection, fire protection and parks.

17. Other items as may be required by the City upon filing.

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Packet Pg. 5587 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 43 Title 16 – Subdivisions Draft October 2022
D. Upon finding all statements and submissions complete and satisfactory in accordance with this section, the City Engineer shall sign the appropriate statements, in accordance with Government Code Section 66442(a)(1) through (4), after which the subdivider shall request the final map be placed on the next available regular agenda for City Council action. The original map, and any other items requiring City Council approval, shall be transmitted to the City Clerk, with a recommendation of map approval.

16.40.060 Final Map / Parcel Map Approval
A. The date the final map or parcel map is deemed filed with the City Council shall be the date of the next regularly scheduled meeting of the City Council following the date on which the City Clerk receives the recommendation for map approval from the City Engineer. The City Council shall consider approval of the subdivision improvement agreement and improvement security and any other required agreements in conjunction with the approval of the map. If any of the items requiring City Council approval are deemed unacceptable by the Council, the City Council shall instruct the City Engineer to secure corrections, according to their direction.

B. The City Council shall approve or disapprove the subdivision improvement agreement, improvement security, and final map or parcel map at the meeting at which it receives the map or at the next regular meeting following the meeting at which it received the map.

C. The City Council shall not postpone or refuse approval of a final map or parcel map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off- site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. However, in such case, prior to final map or parcel map approval, the subdivider shall be required to enter into an agreement with the City to complete such improvements pursuant to Government Code Section 66462 upon acquisition of such title and interest by the City. Upon entering into such agreement, the City shall acquire the subject property interest in accordance with the provisions of Government Code Section 66462.5. Failure of the subdivider to execute such an agreement shall be cause by the City Council to refuse approval of the final map or parcel map.

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Packet Pg. 5588 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 44 Title 16 – Subdivisions Draft October 2022

16.40.070 Limitation on Map Denial
The City Council shall not deny approval of a final map or parcel map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map or parcel map is in compliance with the requirements of the Map Act, this Title, and the approved tentative map.

16.40.080 Filing with the Office of the County Recorder A. Upon Approval Authority approval of the final map or parcel map and subdivision improvement agreement, the City Clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map, or cause the City Engineer to transmit the map, to the County of Riverside Recorder’s Office for filing. The final map or parcel map and any separate documents (if required) shall be filed concurrently.

B. If, for any cause of the subdivider, the final map or parcel map is not recorded by the Riverside County Recorder’s Office within 180 days from the date the Approval Authority approved the final or parcel map, then the Approval Authority’s approval of the final map or parcel map shall be automatically rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map has expired, the unit of land previously affected by the final map or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map.

16.40.090 Waiver of Parcel Map
A. Applicability. The City Engineer is authorized to waive parcel maps without City Council approval for:

1. Subdivisions resulting in four or fewer residential lots;

2. Commercial or industrial subdivisions as described in Government Code Section 66426 that comply with the requirements of this section.

B. Written Request for Waiver. A written request for such a waiver should be submitted to the Director at the time of tentative map application.

C. Findings for Approval. No waiver to the requirement for processing a parcel map shall be approved unless the City Engineer finds that all of the following findings are made:

1. No dedications, easements, restrictions, or fee title is being granted to the City or any other public agency as a function of the parcel map;

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Packet Pg. 5589 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 45 Title 16 – Subdivisions Draft October 2022

2. No public improvements are required as part of the subdivision;

3. No agreements involving the City, CC&Rs, or maintenance entities are required as part of the conditions of approval of the parcel map;

4. All parcels created front on existing maintained public roads improved in accordance with current City standards;

5. All parcels created are serviced by sanitary sewer facilities in accordance with current City standards;

6. Adequate water supply is available to all parcels;

7. The proposed land division will not have an adverse impact on existing drainage facilities;

8. No mitigation measures are required as part of the conditions of approval of the parcel map;

9. It has been determined to the satisfaction of the City Engineer that sufficient monumentation of the parcels exists so as not to justify an additional land survey.

D. Conditions of Approval. A parcel map waiver may be conditioned to provide for payment of applicable fees by the subdivider.

E. Timeframe for Action. The parcel map waiver request shall be approved, conditionally approved, or denied within the time frames established by Government Code Section 66451.7.

F. Filing with the Recorder and Distribution of Copies. Upon approval of a parcel map waiver pursuant to this section, the City Engineer shall:

1. File with the Office of the County Recorder a certificate of compliance, or conditional certificate of compliance, for the land to be divided and a plat map, showing the division. The certificate shall include a certificate by the County Tax Collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.

2. Distribute copies of the certificate of compliance and waiver of the parcel map to the Department.

G. Appeals. Actions by the City Engineer approving or denying parcel map waivers may be appealed to the Planning Commission under the provisions of Section

17.715 (Appeals).

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Packet Pg. 5590 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 46 Title 16 – Subdivisions Draft October 2022

16.40.100 Certificate of Correction
A. After a final map or parcel map is filed in the Office of the County Recorder, it may be amended by a certificate of correction for any of the following purposes:

1. To correct an error in any course or distance shown on the map.

2. To show any course or distance that was omitted from the map.

3. To correct an error in the description of the real property shown on the map.

4. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

5. To show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character.

6. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.

B. Form and Content of Correction. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Chapters 16.20 (Tentative Maps) and 16.40 (Final Maps and Parcel Maps). The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

C. Submittal and Approval. The certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the certificate of correction and if the only changes made are those set forth in Subsection 16.40.100.B, this fact shall be certified by the City Engineer on the certificate of correction.

D. Filing with the County Recorder. The certificate of correction certified by the City Engineer shall be filed or recorded in the Office of the County Recorder.

16.40.110 Effect of Annexation on Maps
When any area for which the Riverside County Board of Supervisors has approved a final map is annexed to the City of San Jacinto, the final map and agreements relating to the subdivision shall continue to govern the subdivision.

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Packet Pg. 5591 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 47 Title 16 – Subdivisions Draft October 2022

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Packet Pg. 5592 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 48 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.45: CERTIFICATES OF COMPLIANCE

SECTIONS

16.45.010 Purpose

16.45.020 Applicability

16.45.030 Application and Required Fees

16.45.040 Approving Authority

16.45.050 Criteria for Issuance

16.45.060 Filing of Certificate of Compliance

16.45.010 Purpose
Certificates of compliance provide a means for conferring legal status to parcels of land that were not created by legal means or for confirming the legal status of parcels of land that were created by legal means. The provisions of this Chapter comply with the requirements of Government Code Section 66499.35.

16.45.020 Applicability
This Chapter applies to parcels of land for which there is no final map, parcel map, official map, or approved certificate of exception that would otherwise establish legal status for the parcels.

16.45.030 Application and Required Fees
Requests for certificates of compliance shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees.

16.45.040 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibilities and Authorities) shall review the application and shall issue a certificate of compliance or a conditional certificate of compliance or deny issuance of a certificate of compliance or a conditional certificate of compliance.

16.45.050 Criteria for Issuance
In making a determination of issuance, the approval authority shall use the following criteria:

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Packet Pg. 5593 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 49 Title 16 – Subdivisions Draft October 2022
A. A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, that meets the following criteria:

1. The parcel resulted from a division of the land in which fewer than five parcels were created; and

2. No record of survey has been processed and recorded for the parcel; and

3. At the time of creation of parcels, there was no local ordinance regulating the division of land.

B. A certificate of compliance shall be issued for any real property that has been approved for development pursuant to Government Code Section 66499.34.

C. A certificate of compliance or a conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provision of state or local ordinances regulating the division of land. A conditional certificate of compliance may include the following conditions:

1. If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance may impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property.

2. If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance may impose conditions which would be applicable to a current division of land.

D. A certificate of compliance may be issued for divisions of real property or interests therein created by probate, partition, or other civil judgments or decrees, when the division is not otherwise required to comply with other provisions of this Title.

16.45.060 Filing of Certificate of Compliance
The City shall file the completed certificate of compliance or conditional certificate of compliance with the Riverside County Recorder’s Office.

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Packet Pg. 5594 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 50 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.50: LOT LINE ADJUSTMENTS

SECTIONS

16.50.010 Purpose

16.50.020 Applicability

16.50.030 Application and Required Fees

16.50.040 Approving Authority

16.50.050 Processing Procedures

16.50.060 Findings for Approval

16.50.070 Prohibited Conditions

16.50.010 Purpose
This chapter establishes procedures for adjusting the boundary lines between parcels when no new parcels are created. The provisions of this chapter comply with the requirements of Government Code Section 66412(d).

16.50.020 Applicability
Lot line adjustments may be used to reconfigure the sizes and/or shapes of between two and four adjoining lots, inclusive. If more than four lots are involved in a lot line adjustment, a tentative map shall be filing.

16.50.030 Application and Required Fees
Requests for lot line adjustments shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees.

16.50.040 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibilities and Authorities) is authorized to approve or deny applications for a Lot Line Adjustment.

16.50.050 Processing Procedures
A. Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot line adjustment application for review and comment to appropriate departments or agencies.

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Packet Pg. 5595 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 51 Title 16 – Subdivisions Draft October 2022
B. If the lot line adjustment will result in the location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey, a new record of survey shall be required, in accordance with Business and Professions Code Section 8762 and filed with the County. The processing of the record of survey shall be subject to applicable separate fees and can be processed concurrently with the lot line adjustment application.

C. The applicant shall provide the City with new grant deeds reflecting the approved lot line adjustment.

D. The City shall review and approve the new grant deeds and, shall record the deeds immediately upon approval of the lot line adjustment but no later than six months from the date of approval. The City shall provide copies to the applicant.

16.50.060 Findings for Approval
Prior to approving an application for a Lot Line Adjustment, the approving authority shall make all the following findings:

A. All original lots involved were legally created or are conforming lots.

B. The adjustment does not create a greater number of parcels than originally existed; the adjustment does not delete any parcels.

C. The resulting lot(s) conform with the City’s General Plan, Development Code, and adopted building codes.

D. The adjustment either:

1. Does not cause existing uses of the property to be out of compliance with any provisions of the Municipal Code.

2. In the event of an existing non-conforming development or parcel, the adjustment does not increase the degree of non-conformity.

16.50.070 Prohibited Conditions
A. A record of survey shall not be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code.

B. No tentative map, parcel map, or final tract map shall be required as a condition to the approval of a lot line adjustment.

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Packet Pg. 5596 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 52 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.55: LOT MERGER

SECTIONS

16.55.010 Purpose

16.55.020 Applicability

16.55.030 Approving Authority

16.55.040 Processing Procedures

16.55.050 Mandatory Merger Requirements

16.55.060 City-Initiated Merger

16.55.070 Effective Date of Merger

16.55.080 Unmerged Parcels

16.55.010 Purpose
The purpose of this chapter is to provide procedures by which the City may require the merger of contiguous parcels under common ownership and for the City to consider an application to voluntarily merge contiguous parcels. The provisions of this chapter comply with Government Code Section 66451.11 and with the provisions of Government Code Sections 66451.10 through 66451.21 inclusive, which provides the City with authority for the merger of contiguous parcels.

16.55.020 Applicability
A. By the Owners. A property owner may submit an application to the City Engineer to merge parcels under common ownership.

B. By the City. The City Engineer may initiate the merger of up to four contiguous parcels meeting the requirements of Section 16.55.050 (Merger Requirements). The City Engineer, Director, Planning Commission, or City Council may require the owner of any contiguous parcel to merge any or all contiguous parcels in conjunction with the approval of any entitlement required by Title 17 (Development Code) of the San Jacinto Municipal Code.

16.55.030 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibility and Authorities) is authorized to approve or deny applications for a Lot Merger.

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Packet Pg. 5597 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 53 Title 16 – Subdivisions Draft October 2022

16.55.040 Processing Procedures
Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot merger application for review and comment to appropriate departments or agencies.

16.55.050 Mandatory Merger Requirements
The voluntary merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements are satisfied:

A. Any contiguous parcels are held by the same owner or owners.

B. That at least one of the affected parcels is undeveloped and does not contain a structure for which a Building Permit was issued or contains a structure for which a Building Permit was not required at the time of construction or is developed only with an accessory structure or other structure which is sited or partially sited on a contiguous parcel.

C. That one or more of the following conditions applies to any affected parcel:

1. At least one of the parcels involved comprises of less than 5,000 square feet in area at the time of the determination of merger.

2. The parcel was not legally created in compliance with all applicable laws and ordinances in effect at the time of its establishment.

3. The parcel does not meet slope stability standards.

4. The parcel does not meet current standards for sewage disposal and domestic water supply.

5. The parcel has no legal access which is adequate for motor vehicles or safety equipment.

6. The development of the parcel would create health and safety hazards.

7. The parcel is inconsistent with the City’s General Plan, any approved specific plan, or the provisions of the City’s Development Code.

8. A lot line passes through a structure within a development project that has been approved pursuant to the Development Code.

D. That the parcels when merged will not:

1. Be inconsistent with or create a conflict with the City Development Code or General Plan or any approved specific plan;

2. Create a conflict with the location of any existing structures;

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Packet Pg. 5598 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 54 Title 16 – Subdivisions Draft October 2022

3. Deprive a parcel of access or restrict access to a parcel;

4. Creates a lot with an easement that bifurcates the parcel; or

5. Create new lot lines.

16.55.060 City-Initiated Merger
A. Prior to merging any contiguous parcels, the City Engineer shall, by certified mail to the record property owner(s) at the address shown on the latest available assessment roll of the County of Riverside, mail a notice of intent to merge which notifies the owner(s) that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner(s) will be given the opportunity to request a hearing and to present evidence that the proposed contiguous parcel merger does not meet the criteria for a merger. For the purpose of this Title, a property owner is any person holding any portion of the title for any involved property.

B. The notice of intent to merge shall be recorded with the Riverside County Recorder on the date that the notice is given to all property owner(s) of record.

C. Within 30 days of the recordation of the notice of intent to merge, the owner(s) of the affected property must file a request for a hearing regarding the proposed merger with the Department.

1. If the owner of the affected property does not file a request for a hearing within the 30-day time period specified above, the City Engineer shall, within 90 days of the recordation of the notice of intent to merge, determine whether or not to merge the contiguous parcels. To merge contiguous parcels, the City Engineer shall make the following findings:
i. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels.
ii. The merged parcel does not adversely affect the purpose and intent of the City’s General Plan or the public health, safety, and welfare.

2. If the owner of the affected property requests a hearing on the merger, the Planning Commission shall, after a hearing, make the determination whether the affected parcels are or are not to be merged.

D. The Director shall set a time, date, and location for the hearing upon receiving a request for a hearing from the property owner of the affected property or on the 31st day following the recordation of the notice of intent to merge. The hearing shall be conducted within 60 days following the receipt of the owner’s request but may be continued by the mutual consent of the Planning Commission and the property

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Packet Pg. 5599 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 55 Title 16 – Subdivisions Draft October 2022
owner. Notice of the hearing shall be given to the property owner(s) by certified mail.

E. At the hearing, the property owner shall be given the opportunity to present evidence that the affected property does not meet the merger requirements set forth in Section 16.55.050 (Merger Requirements). At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels are to be merged. To merge contiguous parcels, the Planning Commission shall make the following findings:

1. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels.

2. The merged parcel does not adversely affect the purpose and intent of the City’s General Plan or the public health, safety, and welfare.

F. If the Planning Commission determines that the subject parcels are to be merged, the Commission shall cause the notice of merger to be recorded set forth in Government Code Section 66451.12. If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail.

The Director shall notify the owner of the Planning Commission’s determination no later than 5 working days after the conclusion of the hearing.

G. An appeal of the Planning Commission’s determination to merge continuous parcels to the City Council shall be made in accordance with the appeal provisions contained in Section 17.715 (Appeals) of the Development Code H. If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the City Engineer to record a notice of release of the notification of intent to merge and mail a copy of the release to the property owner.

16.55.070 Effective Date of Merger
The merger of any contiguous parcels shall become effective upon recordation of the notice of merger with the Riverside County Recorder. The notice of merger shall specify the date of the City Engineer’s determination, or that of the Planning Commission or the City Council as may be the case, the names of the record owners, and a legal description of the properties as merged.

16.55.080 Unmerged Parcels
A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Government Code Section 66451.30. If the City Engineer determines that the parcels meet the standards specified in Section 66451.30, the

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Packet Pg. 5600 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 56 Title 16 – Subdivisions Draft October 2022
City shall issue to the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

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Packet Pg. 5601 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 57 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.60: REVERSION TO ACREAGE

SECTIONS

16.60.010 Purpose

16.60.020 Initiation of Proceedings

16.60.030 Filing of Reversion to Acreage

16.60.040 Submittal of Petition to City Engineer

16.60.050 City Council Approval

16.60.060 Filing with the County Recorder

16.60.010 Purpose
Property subdivided by parcel map or final map may be reverted to acreage pursuant to the provisions of Government Code Section 66499.11 et seq. and this chapter.

16.60.020 Initiation of Proceedings
A. By the Owners. Proceedings to revert subdivided property to acreage may be initiated by petition (in a form prescribed by the City Engineer) of all the owners of record of the property.

B. By the City Council. The City Council may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings and to notify all property owners affected.

16.60.030 Filing of Reversion to Acreage
A. Requests for petition shall be filed with the Engineering Department on an approved City application form and pay the necessary processing fee.

B. The application shall contain, but not be limited to, the following:

1. Evidence of title to the real property.

2. Evidence of the consent of all of the owners of an interest in the property.

3. Evidence that none of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.

4. Evidence that no lots shown on the final or parcel map have been sold within 5 years from the date such final or parcel map was filed for record.

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Packet Pg. 5602 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 58 Title 16 – Subdivisions Draft October 2022

5. A final map or parcel map, in the form prescribed by Chapter 16.40 (Finals Maps and Parcel Maps) delineating dedications that will not be vacated, and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title, “The Purpose of This Map is a Reversion to Acreage.”

16.60.040 Submittal of Petition to City Engineer
The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for review. Upon finding that the petition meets all the requirements of the Map Act and this chapter, the City Engineer shall submit the final map or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.

16.60.050 City Council Approval
A. The City Council shall hold a public hearing for all proposed reversions to acreage.

Notice of the public hearing shall be given as provided in the San Jacinto Development Code, Section 17.710.

B. The City Council may approve a reversion to acreage only if it finds and records by resolution all of the following:

1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.

2. At least one of the following:
i. All owners of an interest in the real property within the subdivision have consented to reversion; or
ii. None of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
iii. No lots shown on the final or parcel map or portion thereof have been sold within 5 years of the date such map was filed for record.

C. The City Council may require as conditions of the reversion:

1. That owners dedicate or offer to dedicate streets, public rights-of-way, or easements, including easements or fee interest for flood control facilities;

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Packet Pg. 5603 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 59 Title 16 – Subdivisions Draft October 2022

2. That all or a portion of previously paid subdivision fees, deposits, or improvement securities be retained if the same are necessary to accomplish any of the purposes for provisions of this article; or

3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this chapter or to protect the public health, safety, or welfare.

16.60.060 Filing with the County Recorder
Upon approval of the reversion to acreage, the City Clerk shall transmit the final map or parcel map to the Riverside County Recorder for recordation. Reversion shall be effective upon the final map or parcel map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force or effect.

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Packet Pg. 5604 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 60 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.65: DESIGN STANDARDS

SECTIONS

16.65.010 Purpose

16.65.020 Applicability

16.65.030 Street and Lot Layout Requirements

16.65.040 Lots

16.65.050 Access to Lots

16.65.060 Energy Conservation

16.65.070 Deviation of Standards

16.65.010 Purpose
The purpose of this chapter is to establish design standards for subdivisions in accordance with the allowances of the Subdivision Map Act.

16.65.020 Applicability
The provisions of this chapter shall apply to all subdivisions of land, unless specifically stated otherwise in the Subdivision Map Act.

16.65.030 Street and Lot Layout Requirements
A. The widths, alignments, and geometric designs of streets and highway shall conform to City standards and to the following requirements, unless otherwise specified in State or federal standards and requirements:

1. All streets, as far as practicable, shall relate to the alignment of the existing adjacent streets or their proper projection in the general conformity with the City’s General Plan and utilize the standards and design criteria of Caltrans Highway Design Manual, County of Riverside Transportation Department Ordinance 461 and ADA, as depicted and directed by the City engineer.

2. The proposed street plan shall give consideration to the future division of adjoining and undivided property.

3. All streets shall be designed to serve the proposed use of the abutting land.

4. On part-width boundary streets abutting undivided land, the subdivider shall provide the prescribed half-width street and shall acquire additional dedications as necessary. The minimum overall required right-of-way shall be determined by the City Engineer based on the applicable road

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Packet Pg. 5605 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 61 Title 16 – Subdivisions Draft October 2022
classification, traffic study, safety study, or other information that is available in making this determination.

5. Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage facilities, trails, transit facilities, and other facilities related to land division improvements.

B. Street improvements fronting a proposed development shall extend a minimum of 12 feet past the centerline unless determined otherwise by the City Engineer.

C. Special Street Design.

1. Design of streets shall make provisions as necessary for railroads, parkways, grade separations, prevailing geological conditions, local drainage facilities, hillside property, water quality, pedestrian mobility, and equestrian trails.

2. Cul-de-sacs.
i. A cul-de-sac should not serve more than 25 lots, nor should it exceed 600 feet in length measured from the centerline of the intersection street to the center of the turnaround, except that a greater length may be permitted if warranted due to topographic or other specific conditions and if approved by the City Engineer and Fire Department. ii. Cul-de-sacs and knuckles shall be constructed in accordance with city standard plans and specifications. All lots fronting on a cul-de-sac, a knuckle, or a curved street shall be designed to meet City standards. iii. A cul-de-sac that does not meet the requirements of this section shall not be constructed, unless a Deviation (16.65.070 Deviation of Standards) has been granted by the Approval Authority.

3. Other than as provided in this section, no dead-end streets shall be allowed.

A dead-end street shall not exceed 600 feet in length and shall only be permitted as an interim condition to facilitate phased construction of a final map based on an approved or conditionally approved tentative map upon approval of the City Engineer. The Fire Department shall review and comment on all requests for dead-end streets.

4. The approving authority may require greater street widths and improvements on streets serving multifamily residential, commercial, or industrial divisions of land.

5. Where a proposed subdivision abuts or contains an existing or proposed Limited Access Highway or Arterial, the approving authority may require frontage streets or reverse frontage with non- access easements along the Limited Access Highway or Arterial, or such other treatment as may be justified for the protection of residential properties from the nuisance and

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Packet Pg. 5606 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 62 Title 16 – Subdivisions Draft October 2022
hazard of high-volume traffic and to preserve the function of the Limited Access Highway or Arterial road.

6. Developments adjacent to existing frontage streets, as determined by the City, shall provide full street improvements unless determined otherwise by the City Engineer.

D. Private streets may be used for only those streets serving property within the subdivision and which access by the public is controlled by the subdivision design by either posting or gating. Private streets may be used with the approval and consent of the Approval Authority when the Approval Authority finds that:

1. There is adequate provision for their construction and continued maintenance.

2. The welfare of the occupants of the development will be adequately served.

3. The public welfare will not be impaired.

E. The grades of highways, streets, and alleys shall not be less than one percent and shall not exceed the grades established on approved City standard. The desirable grades are between one percent and six percent. Grades of less than one percent and greater than the maximum established by approved City standard may be approved only when a Deviation is granted by the Approval Authority and makes the additional findings:

1. There is conclusive evidence that a lesser or steeper grade respectively is impractical; and,

2. No adverse effects such as excessive ponding will occur as a result.

3. The high cost of excavating and/or importing borrow fill material, making the development of a particular parcel of ground uneconomical, shall not be considered as conclusive evidence nor valid justification for a departure from the established minimum or maximum grade.

F. Street Alignment.

1. The minimum centerline radius shall be compatible with the street classification, anticipated usage, speed, and shall be designed in accordance with the California Department of Transportation Highway Design Manual.

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Packet Pg. 5607 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 63 Title 16 – Subdivisions Draft October 2022
G. Intersections.

1. All street intersections shall be at 90 degrees measured at the intersection of the centerlines, unless otherwise approved by the City Engineer.

2. Local Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 200 feet, except in special design cases and as approved by the City Engineer.

3. Collector Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 200 feet, except in special design cases and as approved by the City Engineer.

4. Major and Arterial Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 1200 feet, except in special design cases and as approved by the City Engineer.

5. Limited Access Hightway. Street-to-street centerline offsets shall be less than 5 feet or more than 2400 feet, except in special design cases and as approved by the City Engineer.

6. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as General Local roads or a lesser standard unless determined otherwise by the City Engineer. A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a Collector road or greater unless determined otherwise by the City Engineer. The property line return radius shall be so set as to maintain a uniform parkway width or provide a uniform transition into the intersecting parkway. The property line radius shall be designed so as not to reduce the parkway width below the City standard.

7. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet unless determined otherwise by the City Engineer.

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Packet Pg. 5608 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 64 Title 16 – Subdivisions Draft October 2022
H. Alleys.

1. Alleys shall be required in the rear of all lots used or intended to be used for business, commercial, or industrial uses, unless adequate off-street parking areas and service loading and unloading areas to serve such properties are securely reserved for such use and are shown upon the map and approved by the City in the manner set forth in this Title.

2. Alleys shall be required in the rear of all lots fronting directly on a street designated as a Collector roadway or greater unless determined through site plan review procedure that the requirement for alleys does not exist.

3. The minimum paved width for alleys shall be 25 feet, unless determined otherwise by the City Engineer.

4. A minimum curb return radius of 15 feet shall be provided at the alley and intersecting street.

5. Where a dead-end alley is designed, an adequate turning area shall be provided to accommodate a truck having a 35-foot turning radius. The radius shall be such that the truck is able to turn around with only one backing movement. This turnaround shall be eliminated only under the circumstances of a previously adopted specific plan of record providing for the alley extension. All turning areas shall be reviewed and approved by the Fire Department.

16.65.040 Lots
A. All lots created in a division of land shall conform to the minimum requirements of the Development Code and the General Plan as adopted by the City for the particular zone district, use, and classification in which the development is being constructed.

B. Lot Sizes.

1. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone district within which the lots are located, unless otherwise permitted through the provisions of Title 17; provided, however, that in its consideration of any land division, the approving authority may determine that a greater than minimum lot size is necessary:
i. For the proper protection of the public health, safety, and general welfare;
ii. To be consistent with the general pattern established in the vicinity; iii. To maintain the value of property in the vicinity; or

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Packet Pg. 5609 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 65 Title 16 – Subdivisions Draft October 2022
iv. To provide sufficient pad area for buildings and usable open space.

2. When lots or parcels twice the required area or width or more are shown on a division of land, the approving authority may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

3. Lot sizes and arrangement shall be compatible with lots in the surrounding area, subject to the preceding two provisions.

C. Side Lot Lines.

1. Sidelines of lots shall be at approximately right angles to the street lines, except where terrain or street design makes such lot lines impractical.

2. Side and rear lot lines shall be located along the top of slopes instead of at the toe of slopes or at intermediate locations. Exceptions may be reviewed and approved by the Approval Authority.

D. Lot Frontage.

1. All lots shall have frontage upon a public or private street, which shall be open to and usable by vehicular traffic. The width of such streets shall be determined in accordance with this Title.

2. Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries, or where required by unusual or excessive topographic conditions. When double frontage lots are permitted, access rights shall be dedicated to the City along the street designated by the approving authority.

E. Wherever practicable, subdivisions of property abutting rights-of-way for freeways, expressways, railroads, transmission lines, and flood control channels shall be so designed as to create lots that back up to the rights-of-way or are separated from the rights-of-way by a street or frontage street, as applicable.

F. No lot shall be divided by a city, county, school district, or other taxing agency boundary line.

G. Blocks.

1. Blocks shall not be less than 250 feet in length.

2. Blocks shall not be over 1,350 feet in length, except along major highways or where topographical conditions or previous highway or street layouts require a different length.

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Packet Pg. 5610 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 66 Title 16 – Subdivisions Draft October 2022

16.65.050 Access to Lots
A. Any land division shall provide vehicular access to all homes within a land division for purposes of police and fire protection. The layout of the tract shall be such that blocks of thirty-five or more homes shall have access by two or more streets.

B. Flag Lots. Access for lots not fronting on a public street (flag lots) are discouraged and should be avoided. When a land division is proposed to create any lot(s) other than one(s) fronting directly on a public street or highway, access shall be provided of a width not less than as specified below as being the minimum width necessary to serve the maximum number of lots.

1. Minimum Access Width per Potential Number of Lots. Minimum access widths shall be provided in accordance with Table 16.65.050-1.

Table 16.65.050-1: Minimum Access Widths
Maximum Number of
Potential Lots Minimum Access Width (feet) Maximum Ultimate Access Length (feet) One 24 150
Two to four 40 150

2. Access Surfacing. Prior to final inspection for occupancy of any building or structure relocated, erected, or constructed on any lot not fronting directly on a public street or highway, the full length of any required access shall be improved with concrete or asphaltic concrete surfacing, in accordance with City engineering standards and requirements, at a width of not less than 24 feet.

3. When one or more flag lots are adjacent to one another, the access shall be shared between the lots to limit the number of driveways and driveway approaches at the street.

4. Where access is shared between more than one lot, the subdivider shall record a cross lot access and maintenance agreement that defines and assumes all maintenance responsibility for access area.

16.65.060 Energy Conservation
The design of a subdivision shall be in conformance with Government Code Section 66473.1, with respect to passive or natural heating or cooling opportunities in the subdivision, and with the requirements of California Code of Regulations of Title 24.

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Packet Pg. 5611 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 67 Title 16 – Subdivisions Draft October 2022

16.65.070 Deviation of Standards
The deviation from the design standards of this title may be granted pursuant to the procedures set forth in this chapter. The approving or appeal authority shall consider deviation requests made in writing to the City at the same time as the map or permit is considered. The deviations may be granted subject to prescribed conditions, provided that the approving or appeal authority shall make the following findings:

A. That the property is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical or undesirable for the petitioner to fully conform with the regulations prescribed by this title, and required conformance would result in undue hardship;
B. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the modification will not be detrimental to the public health, safety or welfare, or be injurious to other properties in the vicinity;
D. That granting the modification is in accordance with the purposes set forth in this title;
E. That granting the modification is not contrary to the objectives of the Development Code set forth in Title 17 or the General Plan.

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Packet Pg. 5612 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 68 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.70: DEDICATIONS AND FEES

SECTIONS

16.70.010 Dedications Generally

16.70.020 Fees Generally

16.70.010 Dedications Generally
A. Right-of-way dedications, irrevocable offers of dedication, and grants of easements required upon a final or parcel map shall either be accepted, consented for recordation, accepted subject to improvement, or rejected at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the City’s ability to accept all or part of the dedication or easement in accordance with state law. The City Engineer shall determine whether the dedication, irrevocable offer of dedication, or easement shall be accepted, accepted subject to improvement, or rejected pursuant to City standards. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary shall be processed by separate instruments.

B. Fee title shall be granted by the subdivider when in the opinion of the City Engineer, it is necessary to carry out policies and requirements of the General Plan and any City ordinance, resolution, or standard.

C. The types of dedications, easements, or grants of fee title that a subdivision may be subject to may include, but not be limited to, streets, alleys, access rights, drainage, public utility, landscape, slope, sewer, and parkland dedication or in lieu fees.

Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to the provisions contained in Chapter 16.75 (Parkland Dedication and Fees).

D. Whenever a subdivider is required to dedicate roadways to the public, he or she may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths or multi-use paths for the use and safety of the residents of the subdivision as determined by the approval authority.

E. The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the

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Packet Pg. 5613 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 69 Title 16 – Subdivisions Draft October 2022
adopted general plan or contains 100 acres or more, and (b) the approving authority finds that transit services are or will within a reasonable time period be made available to such subdivision.

F. The subdivider shall offer a dedication of land within the subdivisions as may be necessary and feasible to provide for the construction of the City’s Trails Master Plan as determined by the approval authority.

16.70.020 Fees Generally
Development impact fees shall be paid as described in Section 16.80.010.B.

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Packet Pg. 5614 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 70 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.75: PARKLAND DEDICATION AND FEES

SECTIONS

16.75.010 Purpose

16.75.020 Applicability

16.75.030 General Standard

16.75.040 General Dedication Requirements

16.75.050 Determination of Land or Fee

16.75.060 Formula for Dedication of Land

16.75.070 Criteria for Requiring Payment of In-Lieu Fees

16.75.080 Credit for Private Parks

16.75.090 Exemptions

16.75.010 Purpose
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the development of new, or rehabilitation or enhancement of existing community parks or recreational facilities in accordance with Government Code Section 66477 and other applicable law.

16.75.020 Applicability
As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the approval authority, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, the San Jacinto Trails Master Plan, and the formulas contained in this section.

16.75.030 General Standard
The City Council finds the public interest, convenience, health, welfare, and safety require that 5 acres of property for each 1,000 persons residing in San Jacinto be devoted to neighborhood and community park recreational purposes.

16.75.040 General Dedication Requirements
A. Whenever a tentative map that is subject to the provisions of this section is submitted to the City, the developer shall consult with the Director to determine whether an area for a park shall be dedicated, in- lieu fees, or a combination of both shall be acquired for parks and recreational purposes.

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Packet Pg. 5615 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 71 Title 16 – Subdivisions Draft October 2022
B. The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for parks and recreational purposes at the discretion of the City pursuant to Section 16.75.020 (Applicability). If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the Director and City Engineer, and the proposed dedication shall be identified on the tentative map as a separate lettered lot.

C. The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the Director pursuant to the provisions of this chapter.

D. Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior fee or dedication requirement.

E. If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Director and the City Engineer prior to final map approval. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to City standards.

F. Upon completion of the park improvements to City standards and acceptance by the City Council, land to be dedicated shall be conveyed in fee to the City by grant deed, if not already indicated for dedication on the final map. Such parkland shall be free and clear of all encumbrances except those that the City accepts in writing.

An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic or hazardous materials. The subdivider shall provide all fees and instruments necessary to convey the land and shall include a preliminary title report and title insurance in favor of the City in an amount approved by the City.

G. Unless otherwise specified through conditions or approval or other agreement, whenever fees are to be paid pursuant to this chapter, the fees shall be paid prior to recordation of the final map, or in the instance of maps consisting of four or fewer parcels, prior to issuance of Building Permits, as determined by the City. If the payment of fees is deferred to Building Permit, the City shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of Building Permits.

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Packet Pg. 5616 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 72 Title 16 – Subdivisions Draft October 2022
H. Whenever land has been conveyed or fees paid to the City and a final map is never recorded or, if recorded, is reverted to acreage, the City shall, at its option, either reconvey all land dedicated to it, repay all fees paid pursuant to this chapter without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

16.75.050 Determination of Land or Fee
In considering whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the analysis shall consider the following:

A. The minimum park size acceptable for dedication to the City as a provision of this section shall be 3 usable acres, unless approved by the approval authority.

Usable acreage for parklands is defined as follows: Proposed parkland must have a maximum slope of 3 percent over 90 percent of the total area of the park. The remaining 10 percent may contain slopes greater than 3 percent if approved by the Director. The proposed park must have a length to width ratio no greater than 2:1.

A minimum of one side of the park must abut, and have public access from, a public street. Sewer, water, electricity, and storm drain connections must be available at the park. The Director must approve any deviation from these standards.

B. The natural features, access, and location of the proposed park site within the subdivision available for dedication that are compatible with the location of existing proposed park sites and trail ways and the compatibility of dedication with the City’s General Plan and the City of San Jacinto Trails Master Plan.

C. For subdivisions containing 50 parcels or fewer, the City may allow the subdivider to only pay fees; provided, however, that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be fewer than 50. Nothing herein shall prevent the City from accepting the voluntary dedication of land by a subdivider for a subdivision containing fewer than 50 parcels if the dedication meets the other requirements of this section.

D. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

E. Nothing in this section shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of land to be dedicated. The determination of the approval authority, unless appealed, as to whether land shall

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Packet Pg. 5617 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 73 Title 16 – Subdivisions Draft October 2022
be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. Actions by the City Council shall be final and conclusive.

16.75.060 Formula for Dedication of Land
Where a park or recreation facility has been designated and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

Average number of persons per unit x 0.005 acre = acreage of parkland required per unit Example for a single-family detached dwelling unit (DU): 3.70 x 0.005 = 0.0156 acres/DU Parkland Dedication Formula*
Type of Dwelling Average Population per Unit
Single-family residential 3.70
Multifamily attached (two to four units) 3.54
Multifamily attached (five or more units) 3.54
Mobilehomes 2.00
*Established pursuant to Government Code Section 66477(a) Source: U.S. Census, 2017 American Community Survey
The subdivider, in addition to the dedicated land required by this section, may be conditioned to provide park improvements, as determined by the approval authority. In return for park improvements, the developer shall receive fee credits against the park land dedication requirements of this section and/or Park Facility Improvements, Park Land Acquisition and/or Park Land Improvements of the City’s development impact fees equal to the cost of such improvements.

The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the approval of the Director and shall conform to the City’s guidelines for park dedications.

16.75.070 Criteria for Requiring Payment of In-Lieu Fees Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:

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Packet Pg. 5618 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 74 Title 16 – Subdivisions Draft October 2022
A. The fee shall be based either on the fair market value of the land that would otherwise be required or on a fixed in-lieu rate established by the City Council. If no fixed in-lieu fee rate has been established, the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to this section by the per acre fair market value of the improved value of the subdivision.

B. The fair market value shall be determined and agreed to by the City and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of an acre of land within the subdivision based on the value of the land as a recorded map. If the City does not accept the subdivider’s appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the subdivider pays, which appraisal shall be final and conclusive.

C. Whenever fees are paid pursuant to this section, the City shall deposit the fees into a separate account applicable to the project. Money in the account, including accrued interest, shall be expended solely for development of parkland or improvements related thereto or the rehabilitation of existing park or recreational facilities within the subdivision except as provided in Government Code Section 66477(a)(3)(B). If the final map is withdrawn or rejected, the fees shall be returned without interest to the subdivider.

D. The City shall commit the uses of the collected fees for parks in compliance with the Mitigation Fee Act.

16.75.080 Credit for Private Parks
Where private park areas for active recreational purposes are proposed within a subdivision to be privately-owned and maintained, the subdivider may receive up to a 50 percent credit against the requirement of land dedication or payment of in-lieu fees as follows:

A. Yards, court areas, setbacks, and other open space areas required by the Development Code shall not be included in the computation of such private open space.

B. Use of the private park is restricted for park purposes by recorded covenants which run with the land in favor of the future owners of the property which cannot be eliminated without the consent of the City and which are submitted to the City prior to the approval of the final map.

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Packet Pg. 5619 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 75 Title 16 – Subdivisions Draft October 2022
C. The private park or recreation area is reasonably adaptable for use for park purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.

D. The private park hall be owned by the developer or a homeowners association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization, operated under recorded land agreements through which each lot owner, renter, or lessee is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities.

E. Active recreational purposes shall mean, for purposes of this section:

1. Park areas for active recreational pursuits, such as sports fields, court games, swimming pools, children’s play areas, picnic areas, and open lawn areas having a maximum 10 percent slope.

2. Recreational buildings and facilities designed for the recreational needs of the residents within the development.

F. Active recreational uses do not include natural open space, nature study areas, open space or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas, or water bodies.

16.75.090 Exemptions
This chapter shall not apply to the following land divisions:

A. Commercial or industrial subdivisions.

B. Subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a Building Permit is requested for construction of a residential structure or structures on one or more of the parcels within 4 years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such Building Permit.

C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than 5 years old when no new dwelling units are added.

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Packet Pg. 5620 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 76 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.80: IMPROVEMENTS

SECTIONS

16.80.010 Improvements Required

16.80.020 Off-Site Improvements

16.80.030 Deferred Improvements

16.80.040 Design of Improvement Plans and Standards

16.80.050 Subdivision Improvement Agreements and Security

16.80.060 Completion of Improvements

16.80.010 Improvements Required
A. The subdivider shall construct all required improvements both on-site and off-site in accordance with the standards approved by the City Engineer and applicable City standards as provided by this Title. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by City ordinance or resolution.

B. The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due, unless a different amount applies as follows:

1. Projects subject to a vesting tentative map or vesting tentative parcel map.

2. Projects subject to a development agreement.

16.80.020 Off-Site Improvements
A. The developer/property owner shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer/property owner shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements. The agreement shall provide for payment by the developer/property owner of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer/property owner (at developer/property owner cost). The appraiser shall be approved by the City prior to commencement of the appraisal.

B. Notwithstanding subsection (A) of this section, should the City Engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that

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Packet Pg. 5621 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 77 Title 16 – Subdivisions Draft October 2022
would comply with City standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required.

16.80.030 Deferred Improvements
A. The approving authority, at its discretion, may approve any request for deferred construction of on- site and off-site improvements for tentative maps at the time of approval of the tentative map. Any improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the final map or parcel map.

B. The City Attorney shall approve the form and content of all deferred improvement agreements prior to the City accepting the document.

16.80.040 Design of Improvement Plans and Standards
A. Standards for design and construction of subdivision improvements shall be in accordance with the applicable City standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer.

B. Public improvement plans shall be acted on by the City Engineer within the time frame set forth in Government Code Section 66456.2, and the projects conditions of approval.

C. Public improvement plans shall be prepared under the direction of a registered civil engineer and other professionals as required by the City Engineer, and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:

1. The plans are signed and stamped by a registered civil engineer and all other registered professionals trades as required by the improvement plans (e.g., Geotechnical Engineer, Electrical Engineer, Structural Engineer, Landscape Architect).

2. The plan designs are consistent with the tentative map, the conditions of approval, and applicable City standards, with the exception of minor errors or incompleteness that do not materially affect the design or the plan constructability thereof.

3. All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the City Engineer.

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Packet Pg. 5622 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 78 Title 16 – Subdivisions Draft October 2022

4. All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the City Engineer.

5. All title and interest has been obtained by the subdivider for off-site property interest, except as otherwise provided for in Section 16.70.020.B.

6. All cost estimates have been approved by the City Engineer, and payment of all applicable fees has been received.

7. Approval of designs and plans have been obtained from all other applicable agencies.

D. All improvement plans shall be prepared in accordance with the following City standards:

1. Those ordinances, policies, and standards in effect at the time the final map is submitted.

2. Those ordinances, policies, and standards in effect at the time the application for the vesting tentative map is deemed complete. However, the City Engineer may modify those City standards under the following conditions:
i. When failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both
ii. When needed to comply with state or federal laws.
iii. When, in the opinion of the City Engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the City Engineer.

E. Approval by the City Engineer of any public improvement plans, or any grading plans that are required as part of the approval of the final map or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or 2 years from the date the City Engineer approves the plans, whichever is later.

Upon expiration of those plans, new approvals from the City Engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed.

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Packet Pg. 5623 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 79 Title 16 – Subdivisions Draft October 2022

16.80.050 Subdivision Improvement Agreements and Security Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with Section 16.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at their own expense, shall be required to enter into a subdivision improvement agreement with the City to complete such public improvements in accordance with Section 16.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section.

A. The form and content of subdivision improvement agreements shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:

1. Construction of all improvements as set forth in the approved plans and specifications.

2. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.

3. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement.

4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of the cost and expense until paid.

5. A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property.

6. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this Title.

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Packet Pg. 5624 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 80 Title 16 – Subdivisions Draft October 2022
B. Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed 2 years from the effective date of the agreement. The City Engineer may, in his/her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.

C. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and the City Attorney:

1. A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the City Attorney and City Council.

2. A deposit with the City of either immediately negotiable bonds or a letter of credit.

3. Any other form of security, including a lien or other security interest in real property, which the City Engineer and the City Attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.

4. Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.

D. The subdivider shall provide as security to the City:

1. For performance and guarantee: an amount determined by the City Engineer equal to 100 percent of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction.

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Packet Pg. 5625 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 81 Title 16 – Subdivisions Draft October 2022

2. For payment: an amount determined by the City Engineer equal to 50 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.

E. Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the City Engineer or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the City in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.

16.80.060 Completion of Improvements
A. Public improvements required as a condition of approval shall be completed in accordance with this Title, unless they are deferred pursuant to Section 16.80.030 (Deferred Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.

B. Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.

C. The City Engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete.

D. Notwithstanding any applicable agreement, the ownership of, and responsibility for, the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Engineer accepts the completed public improvements.

E. Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and City Engineer shall release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance

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Packet Pg. 5626 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 82 Title 16 – Subdivisions Draft October 2022
of public improvements within said dedication or easement, subject to the terms of any applicable agreement.

F. Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of 1 year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer. A minimum of 10 percent of the securities shall be retained for the duration of the warranty period.

G. Public park facilities shall be completed in accordance with the provisions of this Title and to the satisfaction of the Director. The Director, in consultation with the City Engineer and Chief of Public Utilities, shall provide final approval and acceptance of public park facilities and other fee title interests.

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Packet Pg. 5627 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 83 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.85: GRADING

SECTIONS

16.85.010 Purpose

16.85.020 Grading Improvements

16.85.010 Purpose
The purpose of this chapter is:

A. To establish standards regulating the design and construction of building sites and the development of property by grading.

B. To minimize differential settlement and the slipping or sliding of earth.

C. To protect adjacent properties from damage caused by blockage or diversion of natural runoff waters.

D. To require engineering analysis of expansive soil conditions, erosion control and drainage.

E. To establish criteria for the design of footings and floor slabs for structures proposed to be erected on parcels of land whose natural topography has been altered.

16.85.020 Grading Improvements.

A. General. The land division shall be graded so that adequate drainage will be provided for each lot. All grading operations shall be in accordance with the city standards and a grading plan will be submitted to the city engineer for approval.

All lots with less than two and one-half gross acres shall be graded at a one percent or greater slope to drain directly to public right-of-way unless authorized otherwise by the Planning Commission upon approval of the tentative map.

B. Soil Report.

1. The land divider shall file with the city engineer a soil report for the grading operation of the land division. The soil report shall be prepared by a registered civil engineer based upon adequate test borings or excavations. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems, the soil report shall recommend corrective action to be taken, which will likely prevent structural damage to each building proposed to be constructed, for each lot containing such soil problems.

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Packet Pg. 5628 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 84 Title 16 – Subdivisions Draft October 2022

2. The soil report shall be approved by the City Engineer and the recommendations contained in the approved soil report shall be incorporated in the grading operation and/or incorporated in the construction of each building as a condition of the building permit for each lot containing such soil problems.

3. The soil report may be waived by the City Engineer if he or she determines that, due to the knowledge of the soil conditions in the area of the land division, no preliminary soil analysis is necessary.

C. Excessive Grading. No land division shall be approved where the lot grading will result in a difference in grade, from that of the adjoining property, at the tract boundary, in excess of five feet unless otherwise approved by the City Council.

D. Certificate for No Fills. In cases where there is no lot grading is required because adequate drainage for the lot exists and there are no soil problems requiring correction, the land divider shall furnish to the City Engineer two prints of the final map signed by the land divider’s engineer, and certifying that no fills, in conflict with city standards, have been made on the lots.

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Packet Pg. 5629 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 85 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.90: DEFINITIONS

SECTIONS

16.85.010 Purpose

16.85.020 Definitions

16.90.010 Purpose
This chapter provides definitions of terms and phrases used in this Subdivision Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Subdivision Ordinance. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Director shall determine the most appropriate definition in compliance with Chapter 16.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time, control over the definitions in this section.

16.90.020 Definitions
Alley. A public way for pedestrian, equestrian, or vehicle use which affords only a secondary means of access to abutting properties.

Approved. When used to refer to tentative map or other subdivision or reconfiguration action means having received the consent, endorsement, or permission of the city or any advisory agency and includes those maps or actions which have been conditionally approved.

Block. The smallest area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.

CEQA. The California Environmental Quality Act of 1970 as amended.

Chief of Public Utilities. The person or his/her representative, as designated by the City Manager, to discharge for the city those duties prescribed hereinafter to be performed by the Chief of Public Utilities.

City Council or Council. The City Council of the City of San Jacinto.

City Engineer. The engineer or his/her representative, as designated by the City Manager, to discharge for the city those duties prescribed hereinafter to be performed by the City Engineer.

Commission. The Planning Commission of the City of San Jacinto.

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Packet Pg. 5630 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 86 Title 16 – Subdivisions Draft October 2022
Consistent. Free from variation or contradiction. State law requires consistency between a general plan and implementation measures such as the subdivision ordinance.

County. The County of Riverside.

Cul-de-sac Street. A road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

Department. The Community Development Department.

Design. (1) Street alignments, grades, and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to incur consistency with, or implementation of the general plan or any applicable specific plan; and (10) the linking of components of the built environment, thereby establishing a sense of order and organization to what otherwise can be perceived as disjointed or haphazard development.

Development Code. Title 17 of the city of San Jacinto Municipal Code, including all text and maps, as it may be amended from time to time.

Director. The person or his/her representative as designated by the city council or City Manager to discharge for the city these duties prescribed hereinafter to be performed by the Community Development Director.

Double frontage lot. Any lot which abuts two or more streets other than a corner lot, which abuts two intersecting streets.

Fire Department. The Riverside County Fire Department.

Frontage Street. A street that is parallel and adjacent to a higher-speed, limited-access road but is separated from it by a physical barrier, and provides access to abutting properties.

Improvement. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. It also means any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination of them, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan.

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Packet Pg. 5631 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 87 Title 16 – Subdivisions Draft October 2022
Lot. A parcel of real property with a separate and distinct number or other designation shown on an approved map such as a final tract map, parcel map, record of survey, other plot, or described as a separate and distinct lot by a metes and bounds description, which is filed in the office of the county recorder.

MAI Appraiser. An appraiser that is a member of the Member of the Appraisal Institute.

Net Area. Excludes area on a lot or lots identified or designated for utilization as dedications and easements for access to ingress to or egress from property easements for streets or pedestrian/equestrian purposes irrespective of whether such easements are public or private.

Parcel Map. A subdivision, generally of four or fewer parcels, prepared in accordance with Section 66444 of the Subdivision Map Act.

Public Improvement. Traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, transit facilities, trails, flood control or storm drain facilities, sewer and water facilities, and lighting facilities.

Recorder. The County of Riverside Recorder.

Reversion to Acreage. A process to combine previously subdivided properties in accordance with the provisions of this Title.

Section. A section of this Title, unless some statute or other ordinance is referred to.

Subdivider. A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision.

Subdivision Map Act. Shall mean Division 2, Title 7 of the California, commencing with Section 66410 as presently constituted, and any amendments thereto.

Tenant. A person or persons entitled under a lease, rental agreement or other agreement with the owner of record of the property or his or her agent to occupy a dwelling unit.

Tentative Map. A map resulting in five or more parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate and detailed final survey of the property.

Tentative Parcel Map. A map resulting in four or fewer parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

Urban lot splits. Urban lot splits, as authorized by Government Code Section 66411.7, are subdivisions subject to this title that shall be more specifically governed as set forth in Article 9 of the Development Code.

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Packet Pg. 5632 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) 88 Title 16 – Subdivisions Draft October 2022
Vesting Tentative Map. A tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed.

Vesting Tentative Parcel Map. A tentative parcel map prepared for in accordance with the provisions of this Title that shall have printed conspicuously on its face the words “Vesting Tentative Parcel Map” at the time it is filed.

Vesting. A right or privilege to enjoy such requirements based on policies, ordinances or standards at a fixed point in time.

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Packet Pg. 5633 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040) Ordinance No. 22-13