1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Development Code or the Municipal Code, adopted Building Code, or State law. a. The fee amount shall be established by the City’s Planning Fee Schedule. b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made.
B. Continuation of the original case.
1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Development Code or the Municipal Code.
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Packet Pg. 1753 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AMENDMENTS 17.720
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 7-49
3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Development Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance.
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Packet Pg. 1754 Attachment: B.8 - Exhibit H Article 7 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 1 Chapter 17.800 — Definitions
Sections:
17.800.010 — Purpose
17.800.020 — Definitions, “A”
17.800.030 — Definitions, “B”
17.800.040 — Definitions, “C”
17.800.050 — Definitions, “D”
17.800.060 — Definitions, “E”
17.800.070 — Definitions, "F"
17.800.080 — Definitions, "G"
17.800.090 — Definitions, "H"
17.800.100 — Definitions, "I"
17.800.110 — Definitions, "J"
17.800.120 — Definitions, "K"
17.800.130 — Definitions, "L"
17.800.140 — Definitions, "M"
17.800.150 — Definitions, "N"
17.800.160 — Definitions, "O"
17.800.170 — Definitions, "P"
17.800.180 — Definitions, "Q"
17.800.190 — Definitions, "R"
17.800.200 — Definitions, "S"
17.800.210 — Definitions, "T"
17.800.220 — Definitions, "U"
17.800.230 — Definitions, "V"
17.800.240 — Definitions, "W"
17.800.250 — Definitions, "X"
17.800.260 — Definitions, "Y"
17.800.270 — Definitions, "Z"
17.800.010 – Purpose
This Article provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Article, or other provisions of the Municipal Code, the Director shall determine the most appropriate definition in compliance with Chapter 17.105 (Interpretation of Regulations).
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Packet Pg. 1755 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 2
17.800.020 – Definitions, “A”
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.
Abutting. Having a common border with or contiguous to. For example, two parcels with a common property line are considered to be abutting. See also “Adjacent.” See Figure 8-1 (Abutting vs. Adjacent).
Figure 8-1
Abutting vs Adjacent
Accessory. A subordinate and incidental element of a primary structure or use.
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Packet Pg. 1756 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 3 Accessory Dwelling Unit (ADU) (Land Use). An accessory to the primary dwelling unit on the same site and has complete independent living facilities for one or more persons. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation. Does not include guest house (see “Guest House”). An Accessory Dwelling Unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
Accessory Dwelling Unit, Junior (JADU) (Land Use). A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU shall have independent cooking facilities, and may include separate sanitation facilities (toilet and bathing facilities), or may share sanitation facilities with the existing primary dwelling unit.
Does not include guest house (see “Guest House”).
Accessory Amusement Devices. See “Amusement Devices, Accessory.” Accessory Structures (Land Use):
Accessory Retail and Services. A retail use that is customarily a part of, and clearly incidental and secondary to, a nonresidential use and does not change the character of the nonresidential use. Typically, the retail sales of various products in a store or similar facility or the provision of services in a defined area that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers; is not visible from public streets; and has no outside signs. Examples of these uses include:
Automated teller machines (ATMs)
dry cleaning (collection/pick-up only)
food service establishments
gift shops
newsstands
Accessory Nonresidential Structure. Attached and detached accessory structures located within a health care, hotel, office, or industrial complex for the purpose of serving the nonresidential uses. Examples of these structures include:
garages
gazebos
outdoor play equipment
refuse collection structures
solar collection devices
(freestanding)
spas and hot tubs
storage sheds
swimming pools
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Packet Pg. 1757 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 4 tennis and other
on-site sport courts
workshops
Accessory Residential Structure. A structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. carports
garages
gazebos
greenhouses (noncommercial)
outdoor play equipment
patios
refuse collection structures
solar collection devices
(freestanding)
spas and hot tubs
storage sheds (less than 120
square feet)
studios
swimming pools
tennis and other on-site sport
courts
workshops
Also includes the indoor storage of automobiles (including their incidental noncommercial restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: Accessory Dwelling Unit (ADU) (see “Accessory Dwelling Unit)”); Accessory Dwelling Unit, Junior (JADU) (see “Accessory Dwelling Unit, Junior”); balconies (see “Balcony”); guest houses (see “Guest Houses”); or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see "Satellite/Dish and Amateur Radio Antenna").
Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two parcels that are separated by a street or alley shall be considered as adjacent to one another. See also “Abutting.” See Figure 8-1 (Abutting vs. Adjacent).
Adult-Oriented Businesses. See Municipal Code Title 5 (Business Licenses and Regulations) and Chapter 17.400 (Adult-Oriented Businesses).
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Packet Pg. 1758 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 5 Agriculture:
Accessory Agricultural Structure or Uses (Noncommercial). A structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, non-commercial greenhouses, coops, corrals, and pens. Does not include “Agricultural Employee Housing”).
Agricultural Activities and Facilities (Land Use). The commercial production, keeping, or maintenance, for sale, lease, or personal use, of plants useful to man, primarily in the soil on the site or in greenhouses, including the following:
field crops
flowers and seeds
fruits
grains
grapes
nuts
ornamental crops
trees and sod
vegetables
Also includes associated crop preparation services and harvesting activities (e.g., mechanical soil preparation, irrigation system construction, spraying, crop processing, etc.) and the processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere (e.g., baling, cubing, cooling, drying, grain cleaning, grinding, sorting, grading, and packaging, hulling, shelling, etc.). Does not include retail sales in the field and sales sheds (see "Produce Stand"). Does not include “Livestock and Dairy Operations.”
Agricultural Structures (Land Use). A structure or use that is in addition to, secondary and incidental to, and commonly associated with the primary commercial agricultural structure or use (e.g., sheds, silos, structures for retail and wholesale sales, u-pick operations, etc.). Does not include agricultural employee housing (see “Agricultural Employee Housing”); noncommercial accessory agricultural structures (see “Accessory Agricultural Structures and Uses (Noncommercial)”); or produce stands (see “Produce Stands”).
Agricultural Employee Housing (Land Use). Any living quarters, dwelling, rooming house, bunkhouse, or other housing accommodations, consisting of no more than thirtysix (36) beds in a group quarter or twelve (12) units or spaces designated for use by a single family or household, and which is exclusive occupancy of employees and their families engaged in agricultural activities (see “Agricultural Activities and Facilities”).
Agritourism. A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, vineyard, or other
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Packet Pg. 1759 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 6 agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm, ranch, vineyard, or business owner.
Livestock and Dairy Operations. The commercial breeding, raising, pasturing, and grazing of any animal customarily kept by humans for the purpose of providing food, clothing, or work, including but not limited to, equine, bovine, ovine, caprine, porcine, and fowl, but excluding bees.
Air Quality Management Plan (AQMP). A comprehensive policy document that establishes, goals, policies, pollution reduction strategies, and implementation responsibilities for improving air quality in the South Coast Air Basin. See also “South Coast Air Quality Management District (SCAQMD).”
Alcohol Sales (on-site and off-site) (Land Use). The retail sale of alcoholic beverages for on-site or off-site consumption. Does not include grocery stores, supermarkets, or drugstores selling alcohol as an accessory line of food products or beverages (see “Food and Beverage Sales”).
Does not include “Bars, Lounges, and Nightclubs.”
Alley. A passage or way open to public travel which affords generally a secondary means of vehicular access to abutting parcels and is not intended for general traffic circulation.
Allowed Use. See “Use, Allowed.”
Alteration. Any change, addition, or modification in construction or occupancy of an existing structure.
Alteration, Structural. Any change or replacement in the supporting members of a structure (e.g., bearing walls, columns, beams or girders, etc.).
Alternative Energy (Land Use).
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.
Solar Energy System (Land Use). 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.
Windmill. A tower and propeller assembly used to transform wind energy into mechanical energy for generating electricity or pumping water.
Windmill Energy System (Land Use). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power (e.g., windmills, wind turbines, etc.).
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Packet Pg. 1760 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 7 Alternative Work Schedule. A variation from the traditional five-day/40-hour work week to a four-day/40-hour or nine-day/80-hour work schedule or other non-traditional work schedule.
Amusement Devices. Any electronic or mechanical equipment or mechanism that, upon insertion of a card, coin, token, or similar object, operates or may be operated as a game or contest of skill or amusement of any description (e.g., electronic game machines, pinball machines, shooting galleries, bowling games, shuffleboard, movie machines, etc.) and that makes no provision for the return of money. Does not include billiard/pool tables.
Amusement Devices, Accessory. Up to five amusement devices where the games are accessory to another principal use. Does not include “Arcades.”
Animal-Keeping (Land Use). The noncommercial keeping or raising of farm animals (including cattle, goats, horses, sheep, fowl, poultry, fish, and other animals not commonly regarded as household pets) and cats, dogs, and other household pets as regulated by Section
17.430.050 (Animal Keeping). Does not include wild animals as defined in Municipal Code Section 6.04.010 (Definitions). Does not include “Livestock Operations.” Animal. Every non-human species of animal, both domestic and wild.
Animal Control Officer. Any person, employed by the City or by an agency that contracts with the City, whose primary duty is the enforcement of laws of the State and City pertaining to animals and whose authority is vested under California Penal Code Sections 830.9 and 836.5 and Municipal Code Section 6.36.010 (Enforcement).
Boarding Stable. Any place where privately owned horses or ponies are provided room and board for commercial purpose.
Cat. Domesticated members of the species felis catus; it excludes other members of the family felidae.
Dog. Domesticated members of the species canis familiaris; it excludes other members of the family canidae.
Fowl. Includes male and female chickens, ducks, geese, peacocks, turkeys, and pheasants.
Household Pet. Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and sheltering. Common examples include birds, cats, dogs, and fish.
Kennel. Any property where five or more dogs, or five or more cats, over the age of four months, are kept or maintained for commercial or noncommercial purposes. The term
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Packet Pg. 1761 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 8 “kennel” shall not include an animal shelter operated by a humane society, a municipal agency, or a veterinary hospital operated by a State-licensed veterinarian.
Kennel Operator. Any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control of the operation of a kennel.
Livery Stable. Any place where horses and carriages are kept for hire.
Owner (of an animal). Any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license application or other legal document or by a person claiming ownership and taking possession of an animal, or one who has control and custody of any animal for 15 consecutive days, except an animal shelter or a Statelicensed veterinarian who is treating an ill or injured animal.
Riding School or Stable. Any place that has available for hire, boarding, or riding instruction, any horse, pony, donkey, mule or burro.
Wild animal. Any animal that is not normally domesticated in the United States, including any lion, tiger, bear, nonhuman primate, wolf, cougar, ocelot, wild cat, skunk, raccoon, opossum, ferret, venomous reptile, boa, python, anaconda, member of the order crocadilia, or other animal (force naturae) irrespective of its actual or asserted state of docility, tameness, or domesticity.
Animal Sales and Services (Land Use).
Animal Retail Sales. Retail sales and boarding of animals offered for sale.
Animal Services, Accessory Boarding/Training. Accessory services provided by a veterinary clinic or animal hospital including overnight small animal boarding or training.
Animal Services, Boarding/Training. Overnight small animal boarding or training.
Animal Services, Grooming. A commercial establishment that provides household pet grooming services (i.e., bathe, brush, clip, or comb animals for the purpose of enhancing their aesthetic value or health).
Animal Services, Veterinary Clinic/Animal Hospital. Establishments where veterinarians provide medical and surgical treatment to animals, including large and small animal veterinary clinics, and animal hospitals. May include animal boarding.
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Packet Pg. 1762 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 9 Antenna. A device used in communications which transmits or receives radio signals, including the following:
Amateur Radio Antennas. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.
Antenna Structure. An antenna and its supporting mast or tower, if any.
Mast. A pole of wood or metal, or a tower fabricated of metal, used to support an antenna and maintain it at the proper elevation.
Satellite Dish Antenna/Antenna. Any parabolic or disk shaped device of either solid or mesh construction, intended for the purposes of receiving communications from an orbiting satellite, transceiving or transmitting signals or communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna.
Wavelength. Wavelength is the distance a radio energy wave travels through air to complete one cycle from beginning to end. It is the distance between two points of corresponding phase and is equal to waveform velocity divided by frequency. Low frequencies have long wavelengths and high frequencies have short wavelengths. See Figure 8-2 (Wavelength and Frequency). Antenna size decreases as frequency increases.
Generally, antenna size is calculated as λ/10, where λ is the wavelength.
Whip Antenna. A device consisting of a single, slender, rod-like element, less than one wavelength long that is supported only at or near its base. See ”Wavelength” above.
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Packet Pg. 1763 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 10 Figure 8-2
Wavelength and Frequency
Apartment. One or more rooms of a structure designed for and rented as the home, residence, or sleeping place of one or more persons living as a Household, in a structure containing at least five units used for the same purpose, all under one ownership. See “Dwelling, Multi-Family.” Arcade (Land Use). A place of business where six or more electronic, video or card/coin/token operated games are utilized for business profit and where the games are not accessory to another principal use.
Architectural Projection. A marquee, porch, canopy or similar projection of a building.
Area, Building. The sum in square feet of the area of the horizontal projections of all buildings on a lot excluding buttresses, chimneys, cornices, eaves, open pergolas, patios, steps, unenclosed and unroofed terraces, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of a building that are not directly supported by the ground.
Area, Gross. The total area of a parcel, including those areas that cannot be built upon (e.g., dedicated or proposed street rights-of-way and other improvements such as parks, open space, stormwater detention and retention facilities, etc.). “Gross area” is expressed in either acres or square feet.
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Packet Pg. 1764 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 11 Area, Net. The portion of a parcel for residential or nonresidential development that can actually be built upon, excluding dedicated or proposed street rights-of-way and other improvements such as parks, open space, stormwater detention and retention facilities, etc. “Net area” is expressed in either acres or square feet.
Artisan Shop (Land Use). A retail store where art glass, ceramics, jewelry, and other art and handcrafted items are sold by an individual artisan or by cooperative groups of artisans. The store may include an accessory area for the crafting of the items being sold. Does not include handcraft manufacturing (see “Handcraft Manufacturing”).
Assembly/Meeting Facilities (Land Use). A facility for public or private assembly and meetings. Examples of these uses include:
auditoriums, civic and private
banquet halls
community centers
conference/convention facilities
meeting halls for clubs and other
membership organizations
places of worship
Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on-site employees and clients, and that occupy less floor area on the site than the offices they support (see "Offices"). Does not include sports or other commercial entertainment facilities (see “Commercial Recreation Facilities"). Does not include funeral homes and mortuaries (see “Funerals Homes and Mortuaries”). Related on-site facilities, including day care centers and schools, are separately defined (see “Child Day Care (Land Use)” and “Educational Facilities, Public and Private”).
ATM (Automated Teller Machine) (Land Use). An automated device used by the public to conduct banking and financial transactions electronically (i.e., withdrawing cash from, or depositing cash or checks into, a bank, savings, credit union, credit card or similar account).
May be a walk-up device or a drive thru-through. Does not apply to retail point-of-sale transactions within a fully enclosed location. Refers to machines located on properties of financial institutions and properties that are separate from financial institutions.
Auction House. A structure or enclosure where goods or livestock are sold by auction.
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. 1765 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 12
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.
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
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.”
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.”
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Packet Pg. 1766 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 13 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. 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.”
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.”
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Packet Pg. 1767 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 14 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).
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.
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Packet Pg. 1768 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 15 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
testing laboratories (soils, materials testing, etc.)
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Packet Pg. 1769 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 16
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. 1770 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 17 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. 1771 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 18 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. 1772 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 19 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.
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 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
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Packet Pg. 1773 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 20 chemicals described above, except as part of retail trade. Does not include the manufacture of drug products (see “Drug Manufacturing”).
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:
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
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Packet Pg. 1774 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 21 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
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 (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
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Packet Pg. 1775 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 22 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
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.”)
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Packet Pg. 1776 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 23 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.
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.”
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Packet Pg. 1777 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 24 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”).
Contour. A line drawn on a contour map or plan which connects points of equal elevation.
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 Base Facility / Yard - Outdoor (Land Use). 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.
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.
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Packet Pg. 1778 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 25 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 17.430.150 140 (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 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. 1779 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 26 Figure 8-4
Impervious Surface Coverage and Structure Coverage
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
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Packet Pg. 1780 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 27 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. 1781 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 28
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 & Community Development 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.
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Packet Pg. 1782 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 29 Donation Box. See “Recycling Facilities.”
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 Thru Retail (Land Use). A facility where food or other products may be purchased by motorists without leaving their vehicles. Examples of drive-through thru retail facilities include fast-food restaurants, drive-thruough coffee, dairy product, photo stores, pharmacies, etc.
Drive-Through Thru Service (Land Use). A facility where services may be obtained by motorists without leaving their vehicles. Examples of drive-through thru service facilities include drive-through thru 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 Household (see “Household”). 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 Household (see “Household”). 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. 1783 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 30 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 Household (see “Household”). 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 Household (see “Household”).
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Packet Pg. 1784 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 31
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 or vocational/specialized instruction/courses/programs.
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, and charter 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,
communications,
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Packet Pg. 1785 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 32 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 “Accessory 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
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
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Packet Pg. 1786 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 33 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.
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. 1787 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 34
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.
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. 1788 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 35 Figure 8-6
Floor Area Ratio
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Packet Pg. 1789 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 36 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”).
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). 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. 1790 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 37 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”).
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Packet Pg. 1791 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 38
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 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)
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Packet Pg. 1792 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 39 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 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. 1793 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 40
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. 1794 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 41 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.
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), but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.
Hospital. See “Medical Services- Hospital.”
Hotel. See “Lodging.”
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. 1795 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 42
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 “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. 1796 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 43
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.
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Packet Pg. 1797 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 44
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 microwave.
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Packet Pg. 1798 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 45
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. 1799 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 46 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. 1800 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 47 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. 1801 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 48 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. 1802 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 49 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. 1803 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 50 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. 1804 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 51
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. See “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. 1805 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 52 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. 1806 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 53 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. 1807 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 54 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.”
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Packet Pg. 1808 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 55
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. 1809 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 56
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.
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.
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).
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
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Packet Pg. 1810 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 57 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 – 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.
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Packet Pg. 1811 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 58
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. 1812 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 59 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 uses. 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 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).
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,
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Packet Pg. 1813 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 60 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. 1814 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 61 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. 1815 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 62
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.
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Packet Pg. 1816 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 63
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.
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Packet Pg. 1817 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 64 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 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.
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Packet Pg. 1818 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 65 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 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.”
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Packet Pg. 1819 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 66 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.
General Merchandise. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public for profit. Does not include adult-oriented businesses (see “Adult-Oriented Businesses”); Cannabis Related Businesses (see “Cannabis”); secondhand stores (see “Secondhand Stores”); or standalone 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").
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. 1820 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 67
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 Dwelling Unit.”
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.”
Figure 8-10
Setbacks
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Packet Pg. 1821 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 68 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. 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 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-Family Dwelling. See “Dwellings.”
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Packet Pg. 1822 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 69 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.
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.”
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Packet Pg. 1823 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 70 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 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.” 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,
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Packet Pg. 1824 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 71 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.
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Packet Pg. 1825 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 72
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. 1826 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 73 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.
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Packet Pg. 1827 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 74 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.). Does not include Vehicle Storage (Land Use). 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.”
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Packet Pg. 1828 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 75
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. 1829 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 76
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
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Packet Pg. 1830 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 77 trailers. Does not include the sale of automobiles (see “Vehicle Sales”) or commercial vehicles or heavy trucks (see “Construction, Farm, and Heavy Equipment”).
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. 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.
Minor Maintenance/Repair/Installation. Minor repair of golf carts, automobiles, motorcycles, recreational vehicles, or light duty trucks, vans or similar size vehicles (i.e., 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
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Packet Pg. 1831 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 78 wheel alignment and balancing. Does not include any type of car washing service (“Car Washing”).
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, truck-tractors, semi-trailers, 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. 1832 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 79
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.” 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
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Packet Pg. 1833 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 80 appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireless telecommunications services.
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.
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Packet Pg. 1834 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 81
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. 1835 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 82
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. 1836 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 83
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. 1837 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 1 A-2
Article 9
State-Mandated Procedures
Table of Contents
Chapter 17.900 – General ........................................................................................................... 2
17.900.010 — Purpose............................................................................................................ 2
17.900.020 — Applicability ................................................................................................... 2
17.900.030 — Definitions....................................................................................................... 2
17.900.040 — Approval Authority....................................................................................... 3 Chapter 17.905 – SB 9 – Urban Lot Splits................................................................................ 5
17.905.010 — Applicants; Approval Authority ................................................................. 5
17.905.020 — Development and Subdivision Standards.................................................. 6
17.905.030 — Grounds for Denial ........................................................................................ 7
17.905.040 — Standards Specific to Urban Lot Splits ..................................................... 10
17.905.050 — Separate Conveyance................................................................................... 12
17.905.060 — Restriction of Uses ....................................................................................... 12
17.905.070 — Deed Restriction ........................................................................................... 13
17.905.080 — Review for Parcel Merger or Reversion to Acreage................................ 14 Chapter 17.905 – SB 9 – Two-Unit Projects........................................................................... 15
17.910.010 — Applicants; Approving Authority............................................................. 15
17.910.020 — Objective Development Standards ............................................................ 16
17.910.030 — Grounds for Denial ...................................................................................... 16
17.910.040 — Standards Specific to Two-Unit Projects .................................................. 18
17.910.050 — Separate Conveyance................................................................................... 20
17.910.060 — Restriction of Uses ....................................................................................... 21
17.910.070 — Deed Restriction ........................................................................................... 21
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Packet Pg. 1838 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 2 A-2
Chapter 17.900 – General
Sections:
17.900.010 — Purpose
17.100.020 — Adoption
17.900.020 — Applicability
17.900.030 — Definitions
17.900.040 — Approval Authority
17.900.010 — Purpose
The purpose of this Article is to implement the provisions of Senate Bill 9 and any other land use procedure that state law mandates on the City but that would otherwise be inconsistent with the City’s land use and development policies, procedures or regulations. The purpose of this Article is to implement all City land use and development policies, procedures or regulations to the maximum extent allowed under state law.
17.900.020 — Applicability
This Chapter shall only apply to the extent that the City is required to ministerially approve applications for development actions under state law provisions. This Article shall not be construed to allow any greater rights to approval of a development application than the City is required to grant under state law. To the extent any statemandated procedure in this Article is repealed, determined to be unlawful or is otherwise not mandatory upon the City, then this Article shall not allow for approval of any such applications. This provisions of this Article shall continue to apply to any development applications previously approved hereunder.
Specifically, this Article shall apply to:
A. Urban lot splits under Government Code section 66411.7.
B. Two unit projects under Government Code section 65852.21.
17.900.030 — Definitions
Terms defined in Chapter 17.800 of this Development Code shall have the same meanings in this Article. The following terms used in this Article shall be defined as follows:
A. “Individual property owner” means a natural person holding fee title individually
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Packet Pg. 1839 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 3 A-2
or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code section 214.15).
B. “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan, as implemented by City Council through Resolution No. 2479 and all related actions and obligations incorporated thereunder.
C. “MSHCP Area” means the land that is identified by the MSHCP for conservation, including reserve assembly, has the potential for on-site biological resources outlined in the MSHCP, or is subject a HANS or JPR process. Terms used in this paragraph shall have the meanings utilized by the Western Riverside County Regional Conservation Authority in its implementation of the MSHCP.
D. “Specific adverse impact” has the same meaning as in Government Code section 65589.5(d)(2), which is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
E. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
F. “Urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of Government Code section 66411.7 and this Chapter pursuant to a ministerial approval process.
17.900.040 — Approval Authority
A. Director. The Director shall have authority to approve or deny all applications that are subject to ministerial approval in accordance with this Article.
B. Appeal. The applicant may appeal a decision of the Director under this Article in accordance with Chapter 17.715. Review on appeal shall be ministerial and shall
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be limited to a determination as to whether the application meets all requirements for approval. The applicant shall have the burden of showing in all respects that the City must ministerially approve the application as presented.
1. Specific Adverse Impacts. If the applicant contends that specific adverse impacts of the proposed project can be satisfactorily mitigated or avoided, then the appeal must set forth in detail how the applicant will mitigate or avoid such specific adverse impacts. If the applicant contends that there are no specific adverse impacts, the applicant shall submit all information to rebut the Director’s finding with the appeal.
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Chapter 17.905 – SB 9 – Urban Lot Splits
Sections:
17.905.010 — Applicants; Approval Authority
17.905.020 — Development and Subdivision Standards
17.905.030 — Grounds for Denial
17.905.040 — Standards Specific to Urban Lot Splits
17.905.050 — Separate Conveyance
17.905.060 — Restriction of Uses
17.905.070 — Deed Restriction
17.905.080 — Review for Parcel Merger or Reversion to Acreage
17.905.010 — Applicants; Approval Authority
A. Owners/Lienholders. Only individual property owners may apply for an urban lot split. Any person with a security interest in, or other senior lien against, the lot to be split as an urban lot split must consent and subordinate to recordation of the restrictions resulting from the urban lot split against the title of the property.
B. Application. An application for an urban lot split must be submitted on a form approved by the Director and shall contain all information that the Director requires. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:
1. Evidence that the applicant is an individual property owner of the lot to be split.
2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.
3. A signed affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
4. A signed affidavit indicating that the applicant acknowledges and agrees that each lot created by the urban lot split will be used for residential purposes only and that the applicant intends to use the lots for that purpose.
5. A signed affidavit stating that there are no conditions, covenants or restrictions on the property that prohibit subdivision of the property, and
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if requested by city, any supporting documentation showing that there are no such conditions, covenants or restrictions on the property.
6. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.
7. Proof that none of the circumstances set forth in section 17.905.030(F) (Prior Urban Lot Split) are present.
8. Proof that none of the circumstances set forth in section 17.905.030(E) (Historic Properties and Districts) and section 17.905.030(G) (Impact on Protected Housing) are present.
9. Proof of any inspections required under section 17.905.030(D).
10. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.
C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In absence of an established fee that is specific to an urban lot split, an applicant shall pay all fees related to processing a parcel map. The fee may be in the form of a deposit for the City’s actual costs incurred.
17.905.020 — Development and Subdivision Standards
A. Objective Development Standards. An urban lot split, and any development of a parcel created from an urban lot split, shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other City requirements that are not in conflict with Government Code section 66411.7.
B. Subdivision Standards. Except as otherwise expressly provided in this Chapter, an urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code section 66410 et. seq.) and Title 16 of the San Jacinto Municipal Code. The Director shall be the approval authority for both the tentative and final map.
1. Exception. No dedication of rights-of-way or construction of offsite improvements shall be required for an urban lot split. This exception shall
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only apply to the extent that Government Code section 66411.7 precludes the city from requiring dedications of rights-of-way or construction of offsite improvements. This section shall not preclude denial of an urban lot split if the project would have a specific adverse impact on either public health and safety or on the physical environment unless the applicant dedicates rights-of-way or constructs offsite improvements.
17.905.030 — Grounds for Denial
The Director shall deny an application for an urban lot split if any of the following are true:
A. Development and Subdivision Standards. The lot to be split does not satisfy the requirements of 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision Standards17.905.020 — Development and Subdivision Standards, or 17.905.040 — Standards Specific to Urban Lot Splits17.905.040 — Standards Specific to Urban Lot Splits).
B. Zone. The lot to be split is not zoned for single family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.
C. Statutory Exemptions. The lot to be split does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section 66411.7(a)(3)(C).)
1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.
D. Inspection.
1. Very High Fire Hazard Severity Zone. For lots within a very high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance all existing fire and building code standards.
2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s
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building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.
E. Historic Properties and Districts. The lot to be split is a historic property or within a historic district that is included on the State Historic Resources Inventory or the lot to be split is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.
F. Prior Urban Lot Split. The lot to be split was established through a prior urban lot split, or the lot to be split is adjacent to a lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
G. Impact on Protected Housing. The urban lot split requires or includes the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
4. Housing that has been occupied by a tenant in the last three years.
H. Lot Size.
1. The lot to be split is smaller than 2,400 square feet.
2. Either resulting lot is less than 1,200 square feet.
3. Either resulting lot is more than 60 percent or less than 40 percent of the original lot area.
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I. Unit Count. Either or both of the resulting lots will have more than two units. For purposes of this section, a “unit” is any type of dwelling, including but not limited to an ADU or JADU, except to the extent such definition is determined to be inconsistent with Government Code section 66411.7.
J. Easements. The applicant does not convey all easements required for the provision of public services and facilities.
K. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
1. A specific adverse impact includes, but is not limited to, the following:
a. The subdivision or development within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP. b. Any lot split which results in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.
2. Because Government Code section 66411.7 precludes the City from requiring any dedication of rights-of-way or construction of offsite improvements, the Director shall deny any application where either dedication of rights-of-way and/or construction of offsite improvements is necessary to satisfactorily mitigate a specific adverse impact, including but not limited to where a subdivision or development of property would otherwise require a dedication for sidewalk, parkways, curbs, gutters, street and road improvements or other traffic improvements.
3. The City Council may establish additional guidelines that set forth circumstances where a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings,
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based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
L. Not Feasible For Residential Use. If either resulting lot is not feasible for residential use.
M. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 66411.7, initiative or referendum, court decision or any circumstance in which section 66411.7 does not obligate the ministerial approval of an urban lot split, or if for any reason the Director is not required to ministerially approve an urban lot split.
17.905.040 — Standards Specific to Urban Lot Splits
A. Applicability. The following development standards shall apply to urban lot splits subject to approval under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.905.
B. Lot Access. Each resulting lot must have direct access to the public right-of-way, which shall be shown on the tentative and final map.
C. Unit Quantity. No more than two units of any kind are permitted on any lot created by an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Chapter 17.910 (SB 9 Two-Unit Projects), an ADU or a JADU.
D. Unit Size. Notwithstanding any other provisions of the Development Code, a unit other than an ADU or JADU on any lot resulting from an urban lot split shall be limited as follows:
1. The total floor area of each residential unit developed on a lot to be split must be less than or equal to 800 square feet and more than 500 square feet.
2. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet in floor area is limited to the lawful
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floor area and structural footprint at the time of the urban lot split. It may not be expanded.
3. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after the urban lot split.
E. Setbacks.
1. Subject to subsections (2) and (3) below, development on either or both of the resulting lots does must comply with all standard setbacks for its location.
2. Only to the extent necessary to avoid a conflict with Government Code section 66411.7, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of two units of up to 800 square feet on a resulting parcel, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.
F. Parking. Subject to Government Code section 66411.7(e)(3)(A)-(B), each new primary dwelling unit that is built on a lot after the urban lot split must provide at least one off-street parking space per unit. This section does not preclude an applicant from complying with the City’s standard parking requirements.
G. Utilities. Each dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
1. For each dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
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This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or where the property is required to connect to sewer.
17.905.050 — Separate Conveyance
A. Within Resulting Lots. Within a resulting lot:
1. Dwelling units on a single lot that is created by an urban lot split may not be owned or conveyed separately from each other.
2. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
3. All fee interest in a lot must be held equally and undivided by all individual property owners.
B. Between Resulting Lots. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate conditions, covenant, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots.
17.905.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on any lot created by an urban lot split.
B. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
C. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
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17.905.070 — Deed Restriction
A. Required Provisions. An urban lot split shall not become effective unless the owner records a deed restriction with senior-lien priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from an urban lot split and does each of the following:
1. Gives notice that the parcel was created through an urban lot split.
2. Gives notice of any site limitations resulting from the urban lot split, including but not limited to the size of units on the parcel and the allowable uses for the parcel.
3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.
4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
5. Expressly prohibits any non-residential use of the lots created by the urban lot split.
6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
7. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.
B. Mortgagee Consent and Subordination.
1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.
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2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.
C. Recordation. The deed restriction and any subordination agreement shall be recorded concurrently with the final map. Submitting a final map for approval shall be deemed to be the applicant’s consent to the City to record the deed restriction with the final map.
D. Building Permit. The Director shall not issue a building permit for development on any lot created through an urban lot split unless the applicant provides a recorded copy of a deed restriction and any applicable subordination agreement that satisfies the provisions set forth in subsections (A) – (C) above.
17.905.080 — Review for Parcel Merger or Reversion to Acreage A. Grounds. For any lot created by an urban lot split, the City Council may initiate proceedings to effectuate a reversion to acreage or a lot merger in accordance with the Subdivision Map Act and any applicable City procedures. City staff shall review whether a reversion to acreage or parcel merger is warranted if any of the following have occurred:
a. If more than one year has elapsed since the lot was created and a building permit for residential development thereon has not been issued; b. The holder of a building permit does not commence construction within 18 months of the date the permit was issued; or
c. The lot is otherwise subject to a reversion to acreage or a lot merger.
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Chapter 17.905 – SB 9 – Two-Unit Projects
Sections:
17.910.010 — Applicants; Approving Authority
17.910.020 — Objective Development Standards
17.910.030 — Grounds for Denial
17.910.040 — Standards Specific to Two-Unit Projects
17.910.050 — Separate Conveyance
17.910.060 — Restriction of Uses
17.910.070 — Deed Restriction
17.910.010 — Applicants; Approving Authority
A. Owners/Lienholders. Only individual property owners may apply for a twounit project. Any person with a security interest in, or other senior lien against, the lot to be developed with a two-unit project must consent and subordinate to recordation of the restrictions resulting from the two-unit project against the title of the property.
B. Application. An application for a two-unit project must be submitted on the City’s approved form. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:
1. Evidence that the applicant is an individual property owner.
2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.
3. Proof that none of the circumstances set forth in section 17.910.030(F) (Historic Properties and Districts) and section 17.910.030(G) (Impact on Protected Housing) are present.
4. A signed affidavit indicating that the applicant acknowledges and agrees that the lot will be used for residential purposes only.
5. Proof of any inspections required under section 17.910.030(M.1).
6. Proof that the requirements of section 17.910.040(E) (Demo Cap) are satisfied.
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7. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.
8. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.
C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In the absence of a fee specific to two-unit projects, the applicant shall pay the fee related to site plan review. The fee may be in the form of a deposit for the City’s actual costs incurred. Nothing in this section shall limit the requirements to pay any other City fees, including building permit processing fees.
17.910.020 — Objective Development Standards
A two-unit project shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other requirements that are not in conflict with Government Code section 65852.21.
17.910.030 — Grounds for Denial
The Director shall deny an application for a two-unit project if any of the following are true:
A. Development Standards. The two-unit project does not satisfy the requirements of 17.910.020 — Objective Development Standards17.910.020 — Objective Development Standards) or 17.910.040 — Standards Specific to Two-Unit Projects17.910.040 — Standards Specific to Two-Unit Projects).
B. Lawful Subdivision. The lot was not legally subdivided.
C. Zone. The lot is not zoned for single-family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.
D. Statutory Exemptions. The lot does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section
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66411.7(a)(3)(C).)
1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.
E. Inspection.
1. Very High Fire Hazard Severity Zone. For lots within a high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with all existing fire and building code standards.
2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.
F. Historic Properties and Districts. The lot is a historic property or within a historic district that is included on the State Historic Resources Inventory or is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.
G. Impact on Protected Housing. The two-unit project requires or includes the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
4. Housing that has been occupied by a tenant in the last three years.
H. Unit Count. The applicant proposes to construct more than two units, to add a unit to a lot that already contains two or more units, to add two or more units to a
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lot with at least one existing unit, or the lot violates section 17.910.040(B).
I. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
1. A specific adverse impact includes, but is not limited to, the following:
a. The lot is within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP.
b. The two-unit project would result in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.
2. The City Council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
J. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 65852.21, initiative or referendum, court decision or any circumstance in which section 65852.21 does not obligate the ministerial approval of a two-unit project, or if for any reason the Director is not required to ministerially approve a two-unit project.
17.910.040 — Standards Specific to Two-Unit Projects
A. Applicability. The following development standards shall apply to two-unit projects approved under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.910.
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B. No Multifamily Dwellings. A two-unit project shall not result in the creation of a multifamily dwelling. “Multifamily dwelling” or “multifamily lot” means a property that has two (2) or more permitted attached dwellings on a single lot.
Two-unit projects shall only consist of two detached dwellings on a single lot.
C. Dedications/Offsite Improvements. The applicant shall dedicate right-of-way and impose offsite improvements as would be required for any subdivision dividing the property into two lots or as otherwise would be required under any City law, regulation or policy, including but not limited to the dedication of rightof-way for, and/or improvement of, sidewalks, curb, gutter, streets, or stormwater facilities.
D. Unit Size. A unit developed under this Chapter shall be limited as follows:
1. The total floor area of each unit that is developed under this Chapter must be: (1) less than or equal to 800 square feet and (2) more than 500 square feet.
2. A unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two-unit project. The unit may not be expanded.
3. A unit that was legally established prior to the two-unit project and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after or as part of the two-unit project.
E. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
F. Setbacks.
1. Subject to subsections (F.2) and (F.3) below, all setbacks must comply with the standard setbacks for its location.
2. Only to the extent necessary to comply with Government Code section 65852.21, no setback is required for an existing legally established structure
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or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two units on the lot or that would result in a unit size of less than 800 square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet in floor area. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.
G. Parking. Subject to Government Code section 65852.21(c)(1)(A)-(B), each new primary dwelling unit must provide at least one off-street parking space per unit.
This section does not preclude an applicant from complying with the standard parking requirements of the Development Code.
H. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
I. Utilities. Each dwelling unit on the lot must have its own direct utility connection to the utility service provider.
1. Each dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or required.
17.910.050 — Separate Conveyance
A. Separate Ownership or Conveyance. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
B. Condominiums. Condominium airspace divisions and common interest developments are not permitted within the lot.
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C. Fee Interests. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
17.910.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on the lot.
B. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
C. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
17.910.070 — Deed Restriction
A. Required Provisions. The owner must record a deed restriction with senior priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from the two-unit project and does each of the following:
1. Gives notice that the two-unit project was created pursuant to this Chapter.
2. Gives notice of any site limitations resulting from the two-unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.
3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.
4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
5. Expressly prohibits any non-residential use of the lot.
6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
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7. Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
8. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.
B. Mortgagee Consent and Subordination.
1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.
2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.
C. Building Permit. The Director shall not issue a building permit for any two-unit project unless the applicant provides a recorded copy of a deed restriction and applicable subordination agreement that satisfies the provisions set forth in subsections (A)-(B) above.
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Packet Pg. 1859 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))