Skip to main content
Loading…
18-45 DEFINITIONS.
This section is included in your selections.
This subsection is included in your selections.

The following terms are used throughout this document and the City Design Review Manual. They are generally defined as stated. As interpretation questions arise with implementation of these terms, any terms that are unclear and/or not contained herein should be clarified and/or added.

A. 

A-FRAME SIGN means a sign made of wood, cardboard, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. Also referred to as sandwich sign and/or portable freestanding sign.

ABANDONMENT means the relinquishment of property or a cessation of the use of the property by the owner for a period of two (2) years or more, excluding temporary or short-term interruptions for the purpose of remodeling, maintaining or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidence by the cessation of activities or conditions that constitute the principal use of the property.

ABATEMENT means eliminating a zoning violation.

ABUTTING means having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting.

ACCESS means a means of vehicular or non-vehicular approach or entry to or exit from a property, a street or a highway.

ACCESSORY means incidental, appurtenant or subordinate to the principal use or structure on the same lot or parcel.

ACCESSORY SIGN means a sign which provides information pertaining to, but does not specifically identify, a business, product or activity, such as, “open,” “closed,” “Visa,” phone number, website, email, etc.

ACCESSORY STRUCTURE means structures that are located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure or to the principal land use of the site.

Buildings or structures (including sheds, barns, garages, carports, greenhouses, detached solar power generation systems or shade structures) which:

(1) Are customary, incidental, appropriate and subordinate to the use of the principal building or the principal use of the land;

(2) Do not contain a kitchen and are located upon the same lot or parcel as the principal use or structure to which they are accessory;

(3) Shall be constructed with or subsequent to the construction of the principal structure or subsequent to activation of the principal use structures;

(4) The gross floor area of which shall not exceed that of the structure(s) associated with the primary use.

ACCESSORY USE means a subordinate use of a building, other structure or use of land that is:

(1) Conducted upon the same lot or parcel as the principal use or structure to which it is accessory;

(2) Is customary, incidental, appropriate and subordinate to the use of the principal building or the principal use of the land;

(3) Shall be activated with or subsequent to the construction of the principal structure or activation of the principal use, only if authorized by the permit.

ACCESSORY USES AND STRUCTURES, AGRICULTURAL means those uses and structures customarily incidental and subordinate to the agricultural use of the land including but not limited to:

(1) Barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs;

(2) The storage and use of farm implements, irrigation and crop-protection equipment;

(3) The storage and use of fuels for heating buildings and operating farm equipment or appliances;

(4) Dams and reservoirs;

(5) Storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers when completely screened from public view by buildings, fences or walls or when covered with wood siding and a roof and when equipped with a mechanical latch or other similar mechanism to hold the door in the open position when the structure is occupied or equipped with a mechanism to unlock the door from the inside when the structure is occupied; and

(6) Other accessory uses and structures which are determined by the Community Development Director to be customary and incidental to the agricultural use of the lot or parcel.

(7) Accessory use, agricultural, shall not include residences of any kind or construction equipment storage yards, mobile storage trailers, truck trailers or boxes.

ACCESSORY USES AND STRUCTURES, COMMERCIAL means those uses and structures customarily incidental and subordinate to the commercial use of the land including but not limited to: trash storage areas and bins; vending machines; six (6) or fewer games/amusement devices and two (2) or fewer pool tables occupying less than twenty-five (25%) percent of the net floor area of the principal use; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculpture, paintings and other works of art; exempt wireless communication facilities; the storage and use of fuels for fleet vehicles, heating buildings or for operating appliances or equipment used within a building; water and wastewater treatment facilities and systems; incidental services such as cafeterias, storage facilities and garages, sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers when completely screened from public view by buildings, fences or walls or when covered with wood siding and a roof and when equipped with a mechanical latch or other similar mechanism to hold the door in the open position when the structure is occupied or equipped with a mechanism to unlock the door from the inside when the structure is occupied, and other accessory uses and structures which are determined by the Community Development Director to be customary and incidental to the commercial use of the land. Accessory use, commercial shall not include mobile storage trailers, truck trailers or boxes.

ACCESSORY USES AND STRUCTURES, INDUSTRIAL means those uses and structures customarily incidental and subordinate to the industrial use of the land including but not limited to: loading and unloading facilities and equipment; parking areas and shipping terminals; water and wastewater treatment facilities and systems; incidental services such as cafeterias, storage facilities, garages, sales offices, showrooms or administrative offices; exempt wireless communication facilities; the storage and use of fuels for fleet vehicles, heating buildings or for operating appliances or equipment used within a building; the storage and use of fleet vehicles, heavy equipment or trucks as part of the principal use.

ACCESSORY USES AND STRUCTURES, RESIDENTIAL means those uses and structures customarily incidental and subordinate to the residential use of the land including but not limited to: private garages, children’s playhouses, patios, decks, fences, landings, porches, gazebos, outdoor gardens; art works including: lawn art, statuary, sculpture and other media; storage sheds; exempt wireless communication facilities; solar panels; flagpoles; private boat docks, boathouses or boat ramps; private pools, pool houses, tennis courts, spas and hot tubs; domestic animal keeping of up to four (4) cats and/or dogs over the age of four (4) months; water and wastewater treatment facilities and systems for private domestic use; permitted signs; the storage and use of fuels for heating buildings or for operating light equipment or household appliances; the parking of or temporary storage of fully operative automobiles, light trucks, boats, recreational vehicles and motorcycles; storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers when completely screened from public view by buildings, fences or walls or when covered with wood siding and a roof and when equipped with a mechanical latch or other similar mechanism to hold the door in the open position when the structure is occupied or equipped with a mechanism to unlock the door from the inside when the structure is occupied. The gross area of residential accessory structures shall not exceed that of the primary residence (and granny unit, if applicable), unless a collector’s permit is obtained, with the following exception: although guest houses are residential accessory structures, they are not included in the square footage calculations for purposes of determining primary use versus accessory use. Accessory use, residential shall not include mobile storage trailers, truck trailers or boxes; or the parking of tractor-trailers or separate tractors or cargo trailers. Notwithstanding accessory structures, accessory use sea walls, bulkheads and fences, docks, piers and similar structures in compliance with other provisions of this chapter and Code are permitted uses and structures on a residential lot or parcel which does not possess a principal use.

ACCESSORY WIND ENERGY SYSTEM. An accessory wind energy system consists of one (1) or more wind turbines that generate electricity primarily for the principal use on a site. (When referring to accessory wind energy systems, “primarily” means that more than fifty (50%) percent of the energy shall be used on site.) An accessory wind energy system includes all the wind turbines on a single lot or on multiple parcels in common ownership with a single, common land use. An accessory wind energy system typically has a rated capacity of not more than fifty (50) kilowatts. This capacity may be increased to a maximum of the actual demonstrated energy use for a specific site in question.

ACCESSORY WIND ENERGY SYSTEM HEIGHT means the combined height of the tower, the turbine and any blade when at the 12 o’clock position.

ACCESSORY WIND ENERGY TOWER HEIGHT means the height above grade of the fixed portion of the tower, excluding the wind turbine.

ACRE means a measure of land area containing forty-three thousand five hundred sixty (43,560) square feet unencumbered by any public or private street right-of-way or roadway easement except as provided for herein. The term gross acre means all land within a given boundary. The term net acres means all land measured to remove certain features such as roads, utilities, and open space.

ADDITION means any construction which increases the size of a building such as a porch, attached garage or carport or new room or wing. An addition is a form of alteration.

ADEQUATELY SHIELDED LIGHT means the shielding of a light fixture by opaque components or materials, such that light rays are limited to the parcel of origin and the light source is not visible from another property or public right-of-way.

ADULT ENTERTAINMENT ESTABLISHMENT means an establishment or use devoted to adult entertainment and characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AFFORDABLE HOUSING DEVELOPMENT means any development project that results in adding residential dwellings or mixed-use projects consisting of at least two-thirds (2/3) of the square footage of the buildings devoted to residential uses which are restricted to lower income families as defined in the California Health and Safety Code. Affordable housing development may also include supportive and transitional housing (also see “Housing development”).

AGRICULTURAL FAMILY DWELLING means single-family dwellings located on and used in connection with farms.

AGRICULTURAL PROCESSING means the refinement, treatment or packaging of agricultural products. Examples of agricultural processing include, but are not limited to, packing sheds, fruit dehydrators, cold storage houses and hulling operations and the sorting, cleaning, packing and storing of agricultural products preparatory to sale and/or shipment in their natural form including all uses customarily incidental thereto. Agricultural processing shall not include wineries or manufacturing of secondary products using agricultural products such as commercial kitchens, bakeries, breweries and woodworking.

AGRICULTURAL SALES AND SUPPLIES STORE (AGRICULTURAL SALES AND SERVICE) means a use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

AGRICULTURAL SERVICE ESTABLISHMENT means a commercial business principally established to serve farming or ranching activities and which relies on agriculture as its major means of support. Agricultural service establishments shall include blacksmiths or farriers; commercial harvesters, irrigation or crop sprayers; farm equipment repair services; and custom meat cutters.

AGRICULTURAL STRUCTURE means a structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock.

AGRICULTURAL TOURS means tours of agricultural land and associated facilities. Tours include, but are not limited to, agricultural tours, garden/nursery tours, natural history tours, ranch/farm tours, winery/vineyard tours.

AGRICULTURAL USE means the tilling of soil, the raising of crops, horticulture, silviculture, viticulture, aviculture, aquaculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying and animal husbandry.

AGRITOURISM means an agriculturally based enterprise or activity that brings visitors to a working farm, ranch or other agricultural operation or agricultural plant/facility conducted for the enjoyment and education of visitors that generates income for the owner or operator.

AIRPORT means any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

AIRSTRIP means any area of land or water used for the landing, take-off or taxiing of aircraft.

ALCOHOL means any bottled or prepared beverage with more than 0.005% alcohol content per volume. This includes any beer, wine, wine cooler, frozen mixed drink, hard alcohol or spirits, liqueur or any other variation of a drink with alcoholic content.

ALCOHOLIC BEVERAGE SALES, OFF-SITE CONSUMPTION means a business whose floor space is primarily devoted to the retail sale of beer, wine or other alcoholic beverages for off-premises consumption and which requires a license under State regulations.

ALCOHOLIC BEVERAGE SALES, ON-SITE CONSUMPTION means a business whose floor space is primarily devoted to the sale of beer, wine or other alcoholic beverages for on-premises consumption and which requires a license under State regulations.

ALL-WEATHER SURFACE means a drivable surface for parking and driveways having a surface that has weight-bearing capability, as approved by the City Engineer, to support the loads of firefighting equipment used or likely to be used by the local fire protection agency in all weather conditions.

ALLEY means a public or private thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically or the moving of a building or structure from one (1) location to another.

AMPLIFIED VOICE OR MUSIC means voice or music which is augmented, rebroadcast or amplified through the use of electrically powered microphones or speakers.

AMUSEMENT ENTERPRISE means any indoor or outdoor place that is maintained or operated for the amusement, patronage or recreation of the public to include any coin-controlled amusement device of any description, commonly known as baseball, football, pinball amusements, pool tables, water slides, miniature golf courses or driving range.

ANIMAL DENSITY means animals per unit area of land area.

ANIMAL HUSBANDRY means the breeding, keeping, care and production of animals.

ANIMAL KEEPING, HOUSEHOLD means small animals typically kept for the sole purpose as pets or for limited 4-H purposes. Excluded are farm animals, animals raised for food and exotic animals.

ANIMAL SALES YARD means permanent structure or location specifically for the purpose of transferring ownership of livestock and/or horses.

ANIMAL SHELTER means a facility used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by a public body, an established humane society for the prevention of cruelty to animals or other organization devoted to the welfare, protection and humane treatment of animals.

ANTENNA means any systems of wires, poles, rods, reflecting discs or similar devices for the transmission or reception of electromagnetic waves. Such a system may transmit, receive or repeat electromagnetic frequencies for purposes of communication uses such as radio, television, telephone, data, paging or other similar technologies.

ANTENNA, GROUND-MOUNTED means any antenna with its base placed directly on the ground or a mast less than ten (10') feet tall and six (6") inches in diameter and not exceeding the height limit for the zoning district.

ANTENNA, STRUCTURE-MOUNTED means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, or building-mounted mast less than ten (10') feet tall and six (6") inches in diameter and not exceeding the height limit for the zoning district.

ANTIQUE STORE means any premises used for the sale or trading of articles of which eighty (80%) percent or more of the products are antiques. An antique is a product sold or exchanged because of value derived because of oldness as respect to present age and not simply because the same is not a new product. For the purposes of this definition, an antique is typically over fifty (50) years old or has collectible value.

APARTMENT means a room or suite of rooms within a building but comprising an independent self-contained housing unit.

APARTMENT HOUSE means any building or portion thereof containing five (5) or more apartments or dwelling units. See “Multifamily Dwelling” or “Multifamily Dwelling Group.”

APIARY means a place where bee colonies are kept.

APPLIED WATER means the portion of water supplied by the irrigation system to the landscape.

APPURTENANT means accessory to a principal use or structure on the same site.

AQUACULTURE means the culture of plants or animals in water.

ARCADE-FUN CENTER means any business which has on its premises six (6) or more amusement devices.

ARCHITECTURAL SERVICES means the industry comprised of establishments primarily engaged in planning and designing the construction of residential, institutional, leisure, commercial and industrial buildings and other structures by applying knowledge of design, construction procedures, zoning regulations, building codes and building materials.

ASPHALT OR CONCRETE PLANT means a concrete or asphalt batch plant that is assembled on a site for the construction of a particular improvement.

ASSISTED LIVING FACILITY means a residential facility that makes available to three (3) or more adults room and board and at least the following services: personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that is available on a twenty-four (24) hour basis, but not to the extent that regular twenty-four (24) hour medical or nursing care is required. This phrase does not include any facility licensed in this state as a residential care facility.

ATM means automated teller machine; a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals from remote locations, twenty-four (24) hours a day.

ATTACHED HOUSING means dwelling units that are attached to each other on at least one (1) side, possibly divided from one another by firewalls or other physical partitions.

AUMA means Adult Use of Marijuana Act, also known as Proposition 64. See MAUCRSA, the State Medicinal and Adult-Use of Cannabis Regulation and Safety Act.

AUTOMATIC IRRIGATION CONTROLLER means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

AUTO PARTS AND ACCESSORIES SHOPS (AUTOMOBILE PARTS/SUPPLY, RETAIL) means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers or recreational vehicles.

AUTOMOTIVE REPAIRS, MAJOR means repair or refurbishing of any motor vehicle including the dismantling of an engine by removal of the head or pistons; the removal of the transmission, rear-end or major assembly of any motor vehicle; includes collision repair, painting and body work.

AUTOMOTIVE REPAIRS, MINOR means limited repair of any motor vehicle including the sales and installation of tires or replacement of fluids or minor automotive parts including, but not limited to, spark plugs, belts, batteries, mufflers, tires and wheels. Major automotive repair, painting and body work are excluded.

AUTO WRECKING YARDS means lands used for dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

AVIARY means a place for keeping birds confined for the purpose of raising, exhibiting or selling.

AWNING SIGN means a sign copy or logo attached to or painted on an awning.

B. 

BACKFLOW PREVENTION DEVICE means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

BACKGROUND CHECK means a criminal records check from a variety of public sources that would provide information regarding an individual’s possible criminal history.

BACKUP GENERATOR means a permanently installed backup electric power source that is powered by natural gas, propane or diesel fuel and is integrated with the electrical system of the facility.

BALCONY means a railed projecting platform found above ground level on a building.

BALUSTER means one (1) of a series of short pillars or other uprights that support a handrail.

BANKING, FINANCE AND LOAN SERVICES (BANK) means a financial institution that is open to the public and engaged in deposit banking and that performs closely related functions such as making loans, investments and fiduciary activities.

BAR means a structure or part of a structure used primarily for the sale or dispensing of liquor by the drink.

BARBER SHOP means any establishment or place of business within which the practice of barbering is engaged in or carried on by one (1) or more barbers.

BARN means a building used for the shelter of livestock, the storage of agricultural products, the storage and maintenance of farm equipment or the storage of agricultural supplies.

BASE means the lowest part of a column or architectural structure. A base story is the lowest story of a building.

BAY means a main division of a structure, usually containing a window or door. A building with three (3) windows across the front is referred to as three (3) bays wide. Also, a bay can be an enclosed space protruding from the exterior of a building such as a bay window.

BAY WINDOW means a projecting window that forms an extension to the floor space of the internal room; usually extending to the ground level.

BEAUTY SALON means any commercial establishment, vehicle or other establishment, place or event wherein cosmetology is offered or practiced on a regular basis for compensation; may include the training of apprentices under regulations of the California Board of Barbering and Cosmetology.

BED AND BREAKFAST INN means a building or group of buildings providing less than eight (8) bedrooms or suites that are rented for overnight lodging, with a common eating area for guests, and is owner occupied and managed, or occupied by a residential manager. A bed and breakfast inn is considered a hotel in commercial zoning districts.

BERM means an earthen landform used to deflect noise, direct views or add visual interest.

BICYCLE PATH means a pathway, often paved and separated from streets and sidewalks, designed to be used by bicyclists.

BIG BOX RETAIL CENTER means a shopping center that includes a large retail store that occupies more than forty thousand (40,000) square feet in building area and offers a large number of products and services on a retail basis.

BILLBOARD SIGN means a sign which is used for the display of off-site commercial messages which directs attention to a commercial message, including, but not limited to, a business, product, or commodity conducted, sold, or offered elsewhere (off site) not more than five hundred (500') feet from the sign location. Than upon the same premises beyond where such sign is displayed.

BLACKSMITH means one that works with metals, including the making, repairing and fitting of horseshoes.

BLIGHT means property which is not kept clean and sanitary and free from all accumulations of offensive matter or odor including, but not limited to, overgrown or dead or decayed trees, weeds or other vegetation, rank growth, dead organic matter, rubbish, junk, garbage, animal intestinal waste and urine, and toxic or otherwise hazardous liquids and substances and material. For the purposes of this section the term “rubbish” shall include combustible and noncombustible waste materials, and the term shall also include the residue from the burning of wood, coal, coke, and other combustible material; and the term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, hay, straw, tin cans, metal, mineral matter, glass, crockery, and dust.

BLOCK means an area of land that is surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as water bodies or public open spaces. Blocks are normally, but not necessarily, divided into lots.

BLUE-LINE CREEK means a creek, stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 or 15 Minute Series topographic map.

BOAT DOCK (BOAT LAUNCH/RAMP) means a facility to launch and retrieve recreational boats from a trailer. Some are limited to hand launching of canoes. Most ramps have breakwater protection from large waves, parking lots, a courtesy dock to assist in launching, toilets, refuse containers, lighting and telephones.

BOAT, HOUSEBOAT AND JET-SKI RENTALS means a facility that deals in the rental of watercraft.

BOAT MANUFACTURING AND REPAIR FACILITY means a facility where boats are repaired and stored until repairs are completed.

BOATHOUSE means an accessory structure constructed either wholly or partially over a body of water and designed primarily to provide shelter for water craft or for marine-related equipment.

BOWLING ALLEY means an establishment that devotes more than fifty (50%) percent of its gross floor area to bowling lanes, equipment and playing area.

BUFFER YARD means a yard area that is designed to mitigate impacts of adjoining land uses through the use of landscaping and walls.

BUFFERING means an area set aside to preserve the integrity of an adjacent area and to prevent physical or aesthetic encroachment on that area.

BUILDABLE AREA means the net lot area minus any required minimum yard provided the maximum lot coverage is not exceeded.

BUILDING means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or material of any kind or nature. “Buildingshall include “structure.”

BUILDING, ACCESSORY. See “Accessory building or structure.”

BUILDING ENVELOPE. See “Buildable area.”

BUILDING HEIGHT. See “Maximum height.”

BUILDING OFFICIAL means the person that has been authorized by the City Manager to interpret and enforce the latest approved Building Codes for the City of Clearlake.

BUILDING, PRINCIPAL means a building or structure in which is conducted the principal use of the lot or parcel on which it is situated.

BUS STATION means any premises for the storage or parking of motor-driven buses and the loading and unloading of passengers.

BUSINESS, RETAIL means the sale of any service, article, substance or commodity to the consumer.

BUSINESS, WHOLESALE means the handling and sale of any article, substance or commodity for resale, including incidental retail sales.

C. 

CABINET SIGN (CAN SIGN) means a sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet that contains the lighting fixtures that illuminate the sign face from behind.

CAFE. See “Coffee shop (coffee house).”

CALIPER means the diameter of a tree trunk, measured six (6") inches above the ground for all trees less than four (4") inches in caliper and twelve (12") inches above the ground for all trees more than four (4") inches in caliper.

CAMPGROUND/CAMPING AREA means any area or tract of land used for outdoor overnight accommodations of one (1) or more camping parties in tents, trailers or recreational vehicles; provided, that no more than twenty-five (25%) percent of the campground spaces possess waste disposal facilities suitable for recreational vehicles, not including the occasional and temporary use by a single camping party.

CAMPING PARTY means a person or group of not more than ten (10) persons occupying a campsite.

CAMPSITE means an area within a campground designed for the purpose to be occupied by a camping party.

CANNABIS means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purposes of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Cannabis is classified as an agricultural product separately from other agricultural crops.

CANNABIS BUSINESS means the businesses of commercial cannabis cultivation, cannabis manufacturer, cannabis testing laboratory, cannabis micro-business and cannabis distributor.

CANNABIS CULTIVATION SITE means the premise(s), leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of those activities.

CANNABIS DELIVERY means the commercial transfer of cannabis or cannabis products from a licensed or permitted dispensary to a customer. “Delivery” also includes the use by a licensed or permitted dispensary of any technology platform owned or accessed via software license that enables the consumer to arrange for or facilitate the commercial transfer of cannabis by a licensed dispensary or retailer of cannabis or cannabis products.

CANNABIS DISTRIBUTOR means a cannabis operator permitted pursuant to this chapter to operate a location or a facility where a person conducts the business of procuring cannabis from permitted cannabis cultivation sites or cannabis manufacturers for sale to permitted cannabis dispensaries, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes prior to transport to permitted medical cannabis dispensaries.

CANNABIS LICENSE means a State license issued pursuant to MAUCRSA, as may be amended from time to time.

CANNABIS LICENSEE means a person issued a cannabis license under MAUCRSA to engage in commercial cannabis activity.

CANNABIS MANUFACTURER means a person that produces, prepares, or compounds manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, at a fixed location, that packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid cannabis license and that holds a valid City zoning clearance or use permit.

CANNABIS MANUFACTURING SITE means a location that produces, prepares, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a permittee for these activities.

CANNABIS MICRO-BUSINESS means a location operating as a micro-business as defined in the State regulations issued by the Bureau of Cannabis Control for cannabis micro-businesses, but must include a dispensary component and cannabis cultivation activities are limited to nursery-only cultivation as defined by State regulations for a Type 4 nursery license.

CANNABIS OPERATOR means person or entity that is engaged in the conduct of any commercial cannabis use.

CANNABIS PROCESSOR means a location that dries, cures, grades, trims and packages cannabis products.

CANNABIS PRODUCT means any product containing Cannabis, including but not limited to flowers, buds, oils, tinctures, concentrates, extractions, and edibles intended to be sold for use according to MAUCRSA. For the purposes of this chapter, cannabis does not include industrial hemp, as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

CANNABIS TESTING LABORATORY means a facility, entity, or site in the State that offers or performs tests of cannabis or cannabis products and is both of the following:

(1) Accredited by an accrediting body that is independent from all other persons involved in the cannabis testing laboratory.

(2) Registered with the California Department of Public Health.

CANNERY means a facility where fish, vegetables or other foods are canned.

CANOPY means a permanent roofed structure supported in part by wall of the building on posts or stanchions.

CANOPY SIGN means any sign that is part of a projecting awning, canopy or other fabric, plastic or structural protective cover over a door, entrance or window or outdoor service area.

CARGO CONTAINER means a container that was originally designed as an intermodal freight container that could be transported by ships, trains, cargo planes and trucks.

CAR WASH means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment.

CARD ROOMS means a place whose main purpose is to provide card games of chance or legal gambling.

CARETAKER’S QUARTERS (CARETAKER’S RESIDENCE) means a residence located on premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises.

CARPORT means a roofed structure or a portion of a building, open on two (2) or more sides for the parking of automobiles.

CASE MANAGEMENT means a system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs.

CATTLE AND HOG FEED YARD means any area where cattle or hogs are held or maintained for the purpose of feeding and fattening where sixty (60%) percent or more of the feed for such cattle is imported or purchased; when not incidental to a farm or ranch.

CELLULAR SERVICE means a telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

CEMETERY means land dedicated for the burial of animal or human remains and for this chapter including columbariums, crematoriums, mausoleums and mortuaries.

CEQA means California Environmental Quality Act. Guidelines established to identify and prevent potentially significant environmental impacts as well to identify ways that environmental damage can be avoided or significantly reduced by the use of alternatives or mitigation measures.

CERTIFICATE OF COMPLETION means a document required that certifies that landscaping and irrigation have been completed for a project consistent with the plans approved by the City. This document must be signed by the professional of record for the landscape and irrigation design certifying that the project was installed per the City-approved landscape design, irrigation and grading plans and meets or exceeds an average landscape irrigation efficiency of 0.71. The City reserves the right to inspect and audit any irrigation system which has received an approval through these provisions of this Code.

CHANGEABLE COPY SIGN means a sign on which it is possible to change the display copy by hand or with ordinary hand tools or by electronic control.

CHARACTER means the qualities and attributes of any new structure, site, street or district.

CHECK VALVE means a valve located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

CHILD CARE, COMMERCIAL means a facility, by whatever name known, that is commercially run and maintained for the whole or part of a day for the care of children who are eighteen (18) years of age or younger whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The phrase “child care center” includes, but is not limited to, facilities commonly known as:

(1) Day care centers;

(2) School-age child care centers;

(3) Before and after school programs;

(4) Nursery schools;

(5) Kindergartens;

(6) Preschools;

(7) Day camps;

(8) Summer camps;

(9) Centers for developmentally disabled children; and

(10) Facilities that give twenty-four (24) hour care for children.

The term does not include any facility licensed as a family child care home nor a foster care home.

CHILD CARE, IN-HOME, SMALL means a private residence where a total of eight (8) or fewer persons under the age of eighteen (18) attend for the purposes of custody, care or instruction and which persons are not a part of the resident family.

CHILD CARE, IN-HOME, LARGE means a private residence where a total of between nine (9) and fourteen (14) persons under the age of eighteen (18) attend for the purposes of custody, care or instruction and which persons are not a part of the resident family.

CHRISTMAS TREE SALES means a site where evergreen trees are sold for the use of Christmas decoration and ornamentation.

CITY ENGINEER means the City Engineer for the City of Clearlake or designee.

CLAIMING means through legal manner establishing rights to resources for extraction.

COBBLE means rounded rock, variable in size, with no fine material and not material exceeding six (6") inches in diameter.

COCKTAIL LOUNGE means an area or room within or connected to a restaurant where alcoholic beverages are sold for consumption on the premises, structurally separated from the dining area.

COFFEE SHOP (COFFEE HOUSE) means an informal restaurant primarily offering coffee, tea and other beverages and where light refreshments and limited menu meals may also be sold.

COHOUSING means a group of seven (7) to seventy (70) residential units (cottages, single-family detached, lot lines or duplex types) that are organized according to a site plan that encourages interaction among residents and which includes a common house and other common facilities (e.g., open space, playground equipment, gardens, etc.). The residential units typically face each other across a pedestrian street or courtyard, with cars parked on the periphery. The common house typically includes a common kitchen, dining area, sitting area, children’s playroom and laundry and also may contain a workshop, library, exercise room, crafts room and/or one (1) or two (2) guest rooms. Transitional or supportive housing that complies with State of California program requirements and that meets the City of Clearlake’s cohousing standards is also included in this term.

CO-LOCATED COMMUNICATION FACILITY means a telecommunication facility comprised of a single telecommunication tower or building supporting one (1) or more antennas, dishes or similar devices owned or used by more than one (1) public or private entity.

COLLECTIBLE means any object, art, furniture, appliance or other article of personal property which is not an antique, but which was produced more than thirty (30) years ago and whose current market value is greater than when it was produced. Examples of items which may be considered collectibles include, but are not limited to, certain rugs, dolls, coins, gems, medals, stamps, baseball cards and jukeboxes.

COLLECTIBLE STORE means a store or shop whose inventory is substantially comprised of collectibles.

COLLEGE/UNIVERSITY/VO-TECH means a community college, college, university, vocational/technical school, trade school, language school, business school, training center, beauty school, culinary school and comparable advanced or continuing education facilities. The phrase does not include music schools, fitness centers, sports instruction, swimming instruction or martial arts instruction.

COMMERCIAL means buildings that house commercial activities, such as retail trade, commercial services, entertainment, restaurants, fast food and other commercial uses permitted under the Zoning Code.

COMMERCIAL AMUSEMENT, INDOOR means uses that provide commercial amusement indoors (except sexually oriented businesses), including, but not limited to:

(1) Bowling alleys and pool rooms;

(2) Indoor sports arenas;

(3) Movie theaters and live theaters;

(4) Indoor skating rinks (ice or roller); and

(5) Video arcades.

COMMERCIAL AMUSEMENT, OUTDOOR means uses that provide commercial amusement outdoors (except sexually oriented businesses), including, but not limited to:

(1) Outdoor arenas or stadiums (including, but not limited to, amphitheaters, sports stadiums, concert facilities, rodeos and racing facilities);

(2) Amusement parks or theme parks;

(3) Fairgrounds;

(4) Miniature golf establishments;

(5) Golf driving ranges;

(6) Water slides; and

(7) Batting cages.

COMMERCIAL CANNABIS CULTIVATION means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis that is intended to be transported, processed, distributed, dispensed, delivered, or sold in accordance with MAUCRSA for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (“Proposition 215”), found at Section 11362.5 of the Health and Safety Code or for adult use. Commercial cannabis cultivation is allowed only within a fully enclosed, permanent and secure structure, and outdoor commercial cannabis cultivation is prohibited in the City. Any cannabis cultivation which does not strictly comply with the provisions for personal cannabis cultivation set forth in Article 18-43 shall be considered commercial cannabis cultivation.

COMMERCIAL RETAIL means commercial and retail uses that do not include regular outside storage or sales. This phrase includes uses that are comparable to the following:

(1) Furniture and home furnishings stores;

(2) Electronics and appliance stores;

(3) Paint and wallpaper stores;

(4) Hardware stores;

(5) Food and beverage stores;

(6) Health and personal care stores;

(7) Clothing and clothing accessory stores;

(8) Sporting goods, hobby, book and music stores;

(9) General merchandise stores; and

(10) Miscellaneous store retailers.

COMMERCIAL PARKING LOT means a parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises.

COMMERCIAL STABLES means the stabling, training, feeding of horses or the provision of riding facilities for the use of anyone other than the resident of the property. Equestrian trails that are constructed as part of the common open space of a subdivision and intended for the exclusive use of residents of the subdivision are not commercial stables.

COMMERCIAL VEHICLE means any vehicle that has a capacity of one and one-half (1.5) tons or larger and/or is consistent with California Vehicle Code Section 15210. Commercial motor vehicle does not include recreational vehicles or agricultural vehicles or implements used for agricultural purposes on the same property on which it is stored.

COMMERCIAL WORM FARMING means a facility where worms are grown to be sold or for the sale of their byproducts.

COMMON AREA means a parcel or parcels of land or an area of water or a combination of land and water within a site designated for a planned development and designed and intended for the use or enjoyment of residents of a planned development. These areas may include green open spaces and pedestrian walkways. Common areas may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned development. Maintenance of such areas shall be set forth by the development association in the form of restrictive covenants, which shall guarantee the maintenance of these areas.

COMMON INTEREST DEVELOPMENT means a community apartment project, condominium project, planned developments and stock cooperative per California Civil Code Section 1351.

COMMUNICATION FACILITY, CO-LOCATED WIRELESS means a wireless communication facility comprised of a single tower, building, water tank or other such structure supporting one (1) or more antennas, dishes or similar devices owned or used by more than one (1) public or private entity.

COMMUNICATION FACILITY, WIRELESS means a public, commercial or private facility for transmission, broadcast, repeating or reception of electromagnetic or other communication signals, including, but not limited to, radio, telephone, data, paging, internet, television, telegraph, telephone or other wireless communication signals. Includes but is not limited to towers, antennas, generators, accessory equipment and buildings and the land on which they are situated. Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections are not included in this definition.

COMMUNITY CARE FACILITY means any facility, place or building which is maintained and operated to provide nonmedical residential care, emergency shelters, adult day care or home finding agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons. “Community care facilityshall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code.

COMMUNITY DEVELOPMENT DEPARTMENT means the Community Development Department for the City of Clearlake.

COMMUNITY GARDEN means an area where neighbors and residents have the opportunity to contribute and manage the cultivation of fruits and vegetables.

COMPARABLE HOUSING means housing that is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

COMPARABLE MOBILE HOME PARK means any other mobile home park substantially equivalent in terms of park conditions, amenities and other relevant factors.

COMPREHENSIVE SIGN PACKAGE means overall sign program for building complexes containing three (3) or more uses or separately leasable spaces.

CONDOMINIUM means the joint ownership of certain common property along with private, separate ownership of living space, including stock cooperatives and timeshare developments.

CONFORMING means a use, structure or site complied with all applicable development regulations at the time the use was established, the building permit for the structure was issued or the site work was begun.

CONSTRUCTION PROCESS means the entire time period during which site development occurs, from initial planning surveying to final clean-up and issuance of all necessary permits and certificates.

CONTRACTOR’S EQUIPMENT STORAGE YARD means storage of large equipment, vehicles or other materials commonly used in the contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as offices and repair facilities.

CONVERSION means a change in the use of land or a structure from one use to another.

CORRAL means the primary enclosure for confining livestock.

COTTAGE INDUSTRY means a small-scale commercial or manufacturing activity accessory to the principal residential or agricultural use.

COVERAGE. See “Maximum lot coverage.”

COVERED SPACE. See “Parking, covered.”

CULTIVATE OR CULTIVATION means the planting, growing, harvesting, drying, or processing of one (1) or more marijuana plants in any location.

CURB WALL means a nonbearing, nonstructural wall located underneath the exterior wall of a structure.

D. 

DAIRY means an area of land on which cows are kept for the purpose of producing dairy products in commercial quantities, as well as the related buildings, equipment and processes.

DAMS, SMALL, MEDIUM AND LARGE means an earthen, concrete or stone wall to confine a flow of water, as a stream and raise its level. Small dams do not exceed six (6') feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier. Medium dams are of seven (7') to fifteen (15') feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier. Large dams are those exceeding fifteen (15') feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier. The height of a dam shall be measured to the highest level of water that may be impounded.

DANCE AND ART STUDIO means an establishment where dance or art is taught or studied.

DE NOVO means a new hearing. The review authority may approve, disapprove or modify any proposed permit without regard to any previous testimony or action by another Review Authority.

DECK means an exterior floor supported on at least two (2) opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

DELICATESSEN means an establishment where food is sold for consumption off premises and no counters or tables for on-premises consumption of food are provided, but excludes groceries and supermarkets.

DEMOLITION means the process of razing or removing all or a substantial portion of a building, structure or appurtenance without the intent to restore or rehabilitate the original structure.

DENSITY means the total number of dwelling units permitted per acre of land. Accessory dwelling units are not counted in the total number of dwelling units when calculating density.

DENSITY BONUS means a density increase over the otherwise maximum permitted density for residential dwelling units as specified by the zoning district.

DESIGN REVIEW means a process established by Article 18-33 for the review of new development, signs and related community appearance changes in the City of Clearlake under the provisions of the Zoning Code.

DESIGN REVIEW COMMITTEE means an appointed panel to conduct design review consisting of two (2) Planning Commissioners and one (1) at-large citizen member, all of which shall reside within the City limits of the City of Clearlake in accordance with Article 18-33.

DESIGN REVIEW MANUAL means a planning document adopted by the City Council for guidance to the City decision makers, property owners, merchants, real estate interests, architects, designers and building contractors in designing new development and signs related to community appearance changes in the City of Clearlake under the provisions of the Zoning Code.

DETACHED means not sharing a common wall or roof.

DEVELOPER means any person, firm, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or agent in the planning or development of a subdivision or development.

DEVELOPMENT means, on land, in or under land or water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density of intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code) and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and timber harvesting operations.

DEVELOPMENT STANDARDS means a set of regulations contained within each zoning district of this chapter setting forth minimum requirements or specifications which must be met by all applicants for permits; including but not limited to: lot dimensions, setbacks and height limits; lot coverage; animal densities; parking and signs.

DIRECTIONAL SIGN means a sign that provides directional information for drivers and pedestrians.

DIRECTOR means the Planning Director for the City of Clearlake Community Development Department or the person given the authority to carry out the responsibilities of the Planning Director in the Clearlake General Plan and Municipal Code.

DISABLED PERSON means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons or an authorized representative of a disabled person. The term “disabled person” does not include a person who is currently using illegal substances, unless he or she has a separate disability.

DISPATCHING SERVICES means an establishment for assigning employees, workers or vehicles to customers. Typical industries include taxicabs, couriers, emergency vehicles, home and commercial services including maid services, plumbing, HVAC, pest control and electricians.

DISPOSAL means facilities used for the disposal of non-nuclear waste or fill or the composting of organic wastes. The term includes landfill and composting facility.

DISTRICT means the zoning classification with associated use and bulk regulations that apply to all parcels within the zoning classification.

DOG GROOMING means an establishment that cleans, beautifies, brushes and cuts hair and nails of dogs.

DONATION BOX definitions (as referenced in Section 18-19.080 regarding secondhand goods):

(1) ACCESSORY ACTIVITYmeans an activity that is incidental to, and customarily associated with, a specified principal activity.

(2) AGENTmeans a person who is authorized by the parcel owner to act on their behalf to be the applicant for a UDCB permit. To be considered an agent, a person must be given express written authorization from the parcel owner on a form provided by the City to apply specifically for a UDCB permit. For the purpose of this chapter, a person who is only given general authorization to act on the behalf of a parcel owner for various activities and transactions in regards to a property is not considered an agent.

(3) DONATED/COLLECTED MATERIAL means salvageable personal property, such as clothing and books and household items, that is collected for periodic transport off site for processing or redistribution or both.

(4) PARCEL OWNER or PROPERTY OWNERmeans the owner of real property on which a UDCB is or is proposed to be placed.

(5) PRINCIPAL ACTIVITY means an activity that fulfills a primary function of an establishment, institution, household, or other entity.

(6) PRINCIPAL BUILDING means a main building that is occupied by a principal activity.

(7) UDCB OPERATOR or OPERATOR means a person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable personal property.

(8) UNATTENDED DONATION/COLLECTION BOXES or UDCBS means unstaffed drop-off boxes, containers, receptacles, or similar facilities that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.

DORM (DORMITORY) means a structure specifically designed for a long-term stay by students of a college, university or nonprofit organization for the purpose of providing rooms for sleeping purposes. One (1) common kitchen and some common gathering rooms for social purposes may also be provided.

DRAFTING SERVICES. This industry comprises establishments primarily engaged in drawing detailed layouts, plans and illustrations of buildings, structures, systems or components from engineering and architectural specifications.

DRIP IRRIGATION means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

DRIPLINE means an imaginary line extending from the perimeter of a tree’s foliage down to the ground.

DRIVE-THROUGH SERVICES means an establishment that has a devoted window(s) and driving lane that is designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles.

DRIVEWAY means a private access for vehicles located on a single parcel, excepting that “driveway” also includes shared, reciprocal access along both sides of a common property boundary serving no more than two (2) adjoining parcels.

DRIVING RANGE means an area equipped with distance markers, clubs, balls and tees for practicing golf drives and putting and which may include a snack bar and pro-shop, but excludes miniature golf courses and “putt-putt” courses.

DROUGHT-TOLERANT PLANTS means vegetation that uses little to no water once established.

DUPLEX. See “Dwelling, two (2) family.”

DWELLING GROUP means a group of two (2) or more detached or semi-detached single-family, two (2) family or multifamily dwellings occupying a parcel of land in one (1) ownership and having any yard or court in common.

DWELLING, MULTIFAMILY means a single detached building designed for and occupied exclusively by two (2) or more families living independently of each other as separate units, including apartment houses, condominiums, duplexes, triplexes and fourplexes.

DWELLING, SINGLE-FAMILY means a single detached dwelling designed for and occupied exclusively by one (1) family alone. Single-family dwelling includes “factory-built housing” as defined in Section 19971 of the Health and Safety Code.

DWELLING, TWO (2) FAMILY means a single detached building designed for and occupied by two (2) families alone, living independently of each other as separate units and having but two (2) kitchens. “Two (2) family dwelling” includes duplex. A two (2) family dwelling or duplex is considered a multiple-family dwelling use.

DWELLING UNIT means a habitable room or group of internally connected or more habitable rooms, designed to be occupied by one (1) family, with facilities for living, sleeping, cooking, eating and sanitation, that have permanent sleeping, cooking, eating and sanitation facilities which constitute one (1) independent housekeeping unit, occupied by or intended for one (1) household on a long-term basis.

DWELLING UNIT, ACCESSORY means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

DWELLING UNIT, JUNIOR ACCESSORY means a unit that complies with the requirements of Government Code Section 65852.22, as amended from time to time.

DWELLING UNIT, PRIMARY means an existing single-family residential structure that conforms with all zoning regulations in effect, including this section. Accessory and junior accessory dwelling units may be allowed within a nonconforming use/building.

DWELLING UNIT, STUDIO means a one (1) room dwelling unit with not more than four hundred fifty (450) square feet of gross floor area, designed for occupancy by not more than two (2) people. The floor area in a loft is included as part of the gross floor area calculation.

E. 

EAVE means the projecting overhang at the lower edge of a roof which may include an architectural gutter or aesthetic features.

ECOLOGICAL RESTORATION PROJECT means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

EDUCATIONAL AGRICULTURE means a part of agritourism that centers on programs meant to educate the public.

EFFECTIVE DATE means the date when a law, rule, contract, etc., starts to be used (may be different from the execution date).

EFFECTIVE PRECIPITATION means the portion of total precipitation which becomes available for plant growth.

EGRESS means a point of vehicle, bicycle or pedestrian exit from a parking area, lot, garage, driveway or building.

ELECTRICAL SUBSTATION means a subsidiary station of an electricity generation, transmission and distribution system where voltage is transformed.

ELECTRIC VEHICLE CHARGING STATION means an electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

ELECTION PERIOD means that period of time which begins thirty (30) days before a special, general or primary election in which at least some registered voters in the City are eligible to vote and ends five (5) days after such election.

ELECTROPLATING ESTABLISHMENT means an establishment that performs the process of coating the surface of a conducting material with a thin layer of metal.

ELEVATION means the vertical plane of a building façade. An elevation drawing is a view of such vertical plane.

EMERGENCY SHELTER means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less consistent with California Health and Safety Code Section 50801(e).

EMPLOYEE HOUSING (EMPLOYEE QUARTERS) means accessory residential structures that house people employed by the residents of the principal building or owners of the property and that is not used for rental purposes.

ENCLOSED BUILDING means a structure supported by columns, enclosed on all sides by walls and covered by a roof.

ENCROACHMENT means:

(1) A building or structure or part thereof, that is located:

(a) Between a lot line and the nearest required setback line for the building or structure; or

(b) In an easement which does not allow for the building or structure; or

(2) A part of a building or structure that crosses a lot line:

(a) Into another lot under separate ownership; or

(b) Onto a right-of-way.

ENVIRONMENT means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise and objects of historic or aesthetic significance.

EQUIPMENT REPAIR, LIGHT means a shop for the restoration or the replacement of parts or machinery powered by motors of fifteen (15) horsepower or less.

EQUIPMENT REPAIR, HEAVY means a shop for the restoration or the replacement of parts or machinery powered by motors greater than fifteen (15) horsepower.

EQUIPMENT STORAGE YARD. See “Contractor’s equipment storage yard.”

EQUIPMENT STRUCTURE means, with respect to communication facilities, a structure, shelter, cabinet or vault used to house and protect the equipment necessary for processing communication signals. Associated equipment may include, but is not limited to, switching devices, transmitters, receivers, air conditioning, backup power supplies and generators.

EROSION means the loosening and transportation of rock and soil debris by wind, rain or running water.

ESTABLISHED LANDSCAPE means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one (1) or two (2) years of growth.

ESTABLISHMENT PERIOD means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one (1) or two (2) years of growth.

ESTIMATED TOTAL WATER USE (ETWU) means the total water used for the landscape.

EVAPOTRANSPIRATION ADJUSTMENT FACTOR (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7) = (0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.

EVAPOTRANSPIRATION RATE (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

EXERCISE TRAIL means a trail that combines running and exercising and may include various types of exercise stations along the trail.

EXTERIOR FEATURES means architectural style, general design and arrangement of the exterior of a building or other structure, including the color, the kind and texture of the material constituting or applied to the exterior walls and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures and other natural features such as trees and shrubbery.

EXTRACTION means uses that involve extraction of minerals and fossil fuels from the ground, including surface and subsurface mining and quarrying facility.

F. 

FAA means Federal Aviation Administration.

FAÇADE means the front exterior surface of a building.

FACTORY-BUILT HOUSING means a residential building, dwelling unit or an individual dwelling room or combination of rooms thereof or building component, assembly or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with building standards published in the California Building Standards Code and other regulations adopted pursuant to California Health and Safety Code Section 19990. Factory-built housing does not include a mobile home, a recreational vehicle or a commercial modular.

FAIR HOUSING LAWS means (1) the Federal Fair Housing Act (42 U.S.C. Section 3601 and following) and (2) the California Fair Employment and Housing Act (Govt. Code Section 12955 and following), including amendments to them.

FAMILY means one (1) or more persons occupying a dwelling and living together as a single housing unit (distinguished from a group occupying a hotel, club, fraternity or sorority house) in which each resident has access to all parts of the dwelling and shares household activities, expenses, experiences and responsibilities.

FAMILY DAY CARE HOME, LARGE means a residential facility providing care for seven (7) to fourteen (14) children consistent with California Health and Safety Code Section 1596.78.

FAMILY DAY CARE HOME, SMALL means a residential facility providing care for eight (8) or fewer children consistent with California Health and Safety Code Section 1596.78.

FARM LABOR CAMP means living accommodations, including structures, tents, trailers and mobile homes, manufactured homes, mess halls, garages and accessory buildings and uses, for any number of persons, maintained in connection with any work or place where work is being performed and including the premises on which said buildings and uses are situated or the area set aside for them. Labor camp and labor quarters shall also include any such living accommodations and the premises which they occupy, which are owned, operated or maintained by any person engaged in the business of supplying lodging or meals for five (5) or more persons who are or may be employed by him or by others.

FARM LABOR QUARTERS means rooming and boarding houses, mobile homes, manufactured homes, single-family dwellings and mess halls for any number of farm help customarily employed principally on land owned by the owner of the building site occupied by said structures.

FARM PRODUCT WAREHOUSING, PROCESSING AND STORAGE means the work involved to turn agricultural products into sellable goods and the housing of such goods.

FARM STAND means a temporary or permanent structure or vehicle used for the sale of agricultural produce in season, at least fifty (50%) percent of which is grown by the seller or farmers within twenty-five (25) miles of the City limits. Farm stand operators are not itinerant vendor sales.

FARM STAYS means a form of agriculture tourism where paying guests are hosted tourists upon a farm where they are exposed to the daily activities associated with farming or ranching.

FARMER’S MARKET means a designated area where, on designated days and times, growers of farm produce and producers of value-added food products may sell directly to the public from open or semi-open facilities in accordance with these regulations.

FARMSTEAD means a commercial farm, all of its buildings and the surrounding fields, operating as a unit.

FARMWORKER HOUSING means housing up to thirty-six (36) beds in group quarters or up to twelve (12) individual units designed for use by a single household that complies with the State of California program standards for farmworker housing. The term also includes employee housing.

FARRIER means a person who shoes horses.

FASCIA means a flat band, usually a horizontal member of a building that covers the open end of a projecting eave.

FEATHER BANNER OR FEATHER BANNER SIGN means a flexible pole to which one (1) side of a flexible fabric, generally in the shape of a feather or similar shape, is attached and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, “quill sign,” “banana banner,” “blade banner,” “flutter banner,” “flutter flag,” “bow flag,” “teardrop banners,” and others. The definition includes functionally similar display devices.

FCC means Federal Communications Commission.

FEEDLOT, COMMERCIAL. See “Cattle and hog feed yard.”

FINAL MAP means a subdivision map supported by complete engineering data, prepared in accordance with the conditions of an approved tentative map and in acceptable form for processing and filing for record, as provided in the City of Clearlake’s subdivision ordinance.

FIRE CHIEF means the Fire Chief for the City of Clearlake or designee, such as from the Fire District.

FISH AND WILDLIFE HABITAT means an area characterized by fish or wildlife that forage, nest, spawn or migrate through in search of food or shelter. Examples include forests, fields, riparian areas, wetlands and water bodies.

FLAG means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of government, political subdivision or other entity.

FLOODPLAIN. A floodplain is a land area adjacent to a river, stream, lake, estuary or other water body that is subject to flooding. This area, if left undisturbed, acts to store excess floodwater. The floodplain is made up of two (2) sections: the floodway and the floodway fringe.

FLOODWAY. As determined by the Federal Insurance Administration’s Flood Insurance Study (FIS).

FLOODWAY FRINGE. As determined by the Federal Insurance Administration’s Flood Insurance Study (FIS), the portion of the one hundred (100) year floodplain that is not within the floodway and in which development and other forms of encroachment may be permitted under certain circumstances.

FLOOR AREA RATIO (FAR) means the gross floor area permitted on a site, divided by the total area of the site expressed in decimals to one (1) or two (2) places.

FLOW RATE means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour or cubic feet per second.

FLOORSPACE means the gross floor area of a detached accessory dwelling unit as measured to the outside surface of exterior walls, including its living area, basement area whether conditioned or unconditioned, and any garage or other enclosed accessory structure attached to the detached accessory dwelling unit.

FOOTCANDLE means a unit of measure for illuminance and is equal to one (1) lumen per square foot.

FOSTER FAMILY HOME means any residential facility providing twenty-four (24) hour care for six (6) or fewer children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.

FOUNDATION means the lowest exposed portion of the building wall, which supports the structure above.

FOURPLEX means a detached residential structure containing four (4) and only four (4) dwelling units, designed for occupancy by not more than four (4) families living independently of each other.

FRONTAGE means the area between a building façade and the street lanes for vehicles.

FRONT YARD means that yard or area located between the dwelling and front property line.

FUEL PUMP ACCESSORY SIGN means a sign that is attached to a gasoline pump identifying acceptable payment methods or other information related to the use of the pumps and sales of fuel.

FUEL TANK FARM means an open-air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum products.

FULLY ENCLOSED AND SECURE STRUCTURE means, in application of commercial cannabis, a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors and inaccessible to minors.

FUNCTION means the use or uses accommodated by a building and its lot.

FUNERAL HOME means an establishment engaged in the undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

G. 

GAME PRESERVES means a public or private land area, chiefly in a natural state, set aside for the protection, enhancement and enjoyment of wild animals or birds; includes “game reserve.”

GAME ROOMS/AMUSEMENT ARCADES means a place wherein games/amusement devices occupy twenty-five (25%) percent or more of the net floor area and do not include any card games of chance or gambling.

GARAGE means an accessible and usable covered and completely enclosed space of not less than ten (10') feet by twenty (20') feet per vehicle for storage of automobiles, measured from the outside of the structure; provided, that a minimum dimension of nineteen (19') feet by ten (10') feet within the garage for a one (1) car garage or nineteen (19') feet by nineteen (19') feet within the garage for a two (2) car garage is free of any permanently constructed or attached fixture or appliance.

GARAGE SALE means the temporary use of a dwelling unit or residential property to display tangible personal property for sale to the public, where the property that is offered for sale was obtained for the personal use of a resident of the premises. Garage sales are also commonly known as estate sales, yard sales, basement sales, attic sales and rummage sales.

GAS STATION means a retail business that sells gasoline to the public and typically also sells a variety of food and drinks.

GAS STATION ISLAND ADVERTISING SIGN means advertising sign located on a gasoline dispensing island or above pumps.

GENERAL ADMINISTRATIVE SERVICES means professional management work involving fiscal, administrative, personnel and related support functions for a business, group or other entity.

GO-CART TRACK means a specialized course used for small motorized vehicles for recreation, entertainment or racing.

GOLF COURSE means a lot or portion of a lot used for the playing of golf and shall include pitch-and-putt courses but shall not include stand-alone driving ranges, miniature golf courses or other similar commercial enterprises. A golf course may include a snack bar, pro shop and/or restaurant.

GRANNY RESIDENTIAL UNITS means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons for elderly residents. Granny residential units established prior to adoption of the ordinance codified in this chapter may be considered legal and considered secondary dwelling units with no age restriction. Secondary dwelling units established after adoption of the ordinance codified in this chapter may be considered accessory dwelling units that shall comply with applicable standards of this chapter (refer to Section 18-19.320).

GREEN WASTE. Green waste includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber products and construction and demolition wood waste. Green waste does not include food material, biosolids, mixed solid waste, material processed from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris.

GREEN WASTE COMPOSTING FACILITY (COMPOSTING FACILITY) means a facility where organic matter that is derived primarily from off site is to be processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing or use of compost.

GREENHOUSE means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

GROSS FLOOR AREA means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

GROUP CARE HOME. See “Community care facility.”

GUEST QUARTERS means a separate accessory space, attached or detached, which contains bathroom facilities including toilets, bathing facilities, showers or sinks but does not contain a kitchen.

H. 

HALO LIGHTING means lighting showing from the back of or from within a letter or graphic shape out towards the surface so that the letter or graphic is mounted on without having any light visible through the face of the letter or graphic.

HARDSCAPE means all features of the landscape such as sidewalks, streets, furnishings and constructed elements.

HAZARDOUS MATERIAL means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous materials” include, but are not limited to, hazardous substances, hazardous waste and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

HAZARDOUS WASTE DISPOSAL FACILITY means all structures, other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste, including all operations or storage areas, diked overflow or emergency spillway areas. A hazardous waste disposal facility may consist of several treatment, storage or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled or processed.

HEALTH CARE FACILITY means any facility, place or building which is organized, maintained and operated for the diagnosis, care, prevention and treatment of human illness, physical or mental, including after convalescence and rehabilitation and including care during and after pregnancy or for any one (1) or more of these purposes. “Health care facilityshall include general hospitals, walk-in clinics, acute psychiatric hospital, intermediate care facility, developmentally disabled habilitative, and ambulatory/surgical centers.

HEALTH CLUB means a facility where members or nonmembers use equipment or space for the purpose of physical exercise.

HEAVY EQUIPMENT RENTAL YARD means an establishment that rents large pieces of machinery or vehicles, especially those used in the building industry, including bulldozers and excavators.

HEIGHT. See “Maximum height.”

HEIGHT, AVERAGE. See “Maximum height.”

HELISTOP means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park; a hospital trauma center; etc.) and the term does not include facilities for general helicopter aviation use.

HIGHWAY-ORIENTED SIGN means a freestanding sign that may be on or off site, that is designed and oriented toward Highway SR 53 located within the Scenic Corridor Combining Zoning District.

HOG FARM, COMMERCIAL. See “Cattle and hog feed yard.”

HOME OCCUPATION means an occupation conducted principally by a person(s) residing in a primary dwelling, which is as an accessory activity of a nonresidential nature which is performed within a living unit or within a garage or accessory building reserved by an occupant of the living unit and which is customarily incidental to the residential use of the living unit.

HOMEOWNER ASSOCIATION means an organization in a subdivision, planned community or condominium that makes and enforces rules for the properties and their residents.

HOMEOWNER-PROVIDED LANDSCAPING means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

HOOP STYLE GREENHOUSE means a temporary structure used as a greenhouse or a season extender and is characterized by its typical construction of polyethylene and PVC pipe. Also known as a hoop house, poly-tunnel, poly-house, or high-tunnel.

HOSPITAL means an institution that is built, staffed, and equipped for the diagnosis of disease; for the treatment, both medical and surgical, of the sick and the injured; and for their housing during this process.

HOTEL means any building, portion thereof or group of buildings, providing transient accommodations containing six (6) or more rooms; used, designed or intended to be used, let or hired out for transient occupancy.

HOTHOUSE means a heated greenhouse for plants that require an even, relatively warm temperature.

HOUSING DEVELOPMENT means any development project that results in adding residential dwellings or mixed-use projects consisting of at least two-thirds (2/3) of the square footage of the buildings devoted to residential uses. Housing development shall also include supportive and transitional housing (also see “Affordable housing development”).

HUNTING CABIN means a building used by hunters for hunting expeditions, not permanently occupied for residential uses. A hunting cabin located at a hunting club of one hundred (100) acres or larger and not visible from a public road may consist of one (1) recreational vehicle, travel trailer, mobile home or cabin constructed to all City Building and County Environmental Health Department requirements, but not subject to the residential construction standards of the zoning district in which it is located. A hunting cabin or recreational building shall not be occupied for more than ninety (90) days per calendar year.

HUNTING CLUB, COMMERCIAL means an area used for hunting and available for hunting by payment of fees or on membership basis to the general public.

HUNTING CLUB, PRIVATE means an area used or leased for hunting by the owners or lessees of the land or invited guests.

HYDROZONE means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

I. 

ILLUMINANCE means the amount of light falling on a surface and is measured in footcandles.

IMPORT/EXPORT OF FILL means the deposit or removal of earth in amounts exceeding one thousand (1,000) cubic yards in any one (1) lot or parcel.

IMPOUND YARD means a place where cars towed by law enforcement are locked up.

INCIDENTAL means secondary, accessory, appurtenant or subordinate to another use, structure or activity. The gross area of incidental structures shall not exceed that of the primary structure.

INDIRECT LIGHTING means the illumination of a sign by a light source that is not a component part of the sign, such as spotlights.

INDIRECTLY ILLUMINATED SIGN means a sign whose light source is external to the sign and which casts its light onto the sign from some distance from the sign face.

INDOOR RECREATION FACILITY means any premises which offers indoor recreational opportunities to the general public either on a membership basis or on an hourly, daily, weekly, monthly or yearly rate including, but not limited to, country clubs, shooting ranges, bowling alleys, swimming pools and other private noncommercial recreation areas and facilities or recreation centers, including private swimming pools.

INDOOR means completely contained within a structure.

INDUSTRIAL USE means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, assembly, warehousing and/or storage.

INFILL DEVELOPMENT means development of vacant land (usually individual lots or leftover properties) within areas, which are already largely developed.

INFILTRATION RATE means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

INFRASTRUCTURE means the basic framework for provision of municipal services including, but not limited to, streets, sidewalks, storm drains, water, sewer and other utility systems, parks and recreation.

INGRESS AND EGRESS means the ability to enter a site from a roadway (ingress) and exit a site onto a roadway (egress) by motorized vehicle.

IN-HOME CHILD CARE means a State-licensed family day care home serving children where care, protection and supervision are regularly provided in the caregiver’s own home for periods of less than twenty-four (24) hours per day while the parents or guardians are away. The permitted number of children shall include children under the age of ten (10) years who reside at the home.

INOPERABLE VEHICLE. See “Vehicle, inoperable.”

INTERIOR LOT. See “Lot, interior.”

INTERNAL LIGHTING means the illumination of a sign by a light source that is a component part of the sign itself, including neon.

INTERNALLY ILLUMINATED SIGN means a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign or light source which is attached to the face of the sign is perceived as a design element of the sign.

INVASIVE PLANT SPECIES means a species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species.

IRRIGATION AUDIT means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor.

IRRIGATION EFFICIENCY (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.71.

IRRIGATION SERVICES (IRRIGATION) means the methods of supply and application of water other than natural rainfall.

ITINERANT VENDOR is any person who has not established a place of business in the City and who either goes from door to door or place to place for the purpose of selling goods, wares or merchandise or who solicits orders for the sale of goods, wares or merchandise to be delivered at some future time or date or who solicits contributions for any charitable, social, fraternal or similar purpose, cause or organization.

J. 

JUNK means any used, waste, discarded or salvaged machinery, scrap iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials or other waste which has been abandoned from its original use and may be used again in its present or in a new form. Also including automobiles, other vehicles or dismantled vehicles in whole or part.

JUNKYARD means the use of any parcel or portion of a parcel of land for the commercial keeping, storage, salvaging, reconditioning, sorting, distribution, bartering or sale of “junk,” including the dismantling or wrecking of automobiles or other vehicles for sale or storage.

K. 

KENNELS, COMMERCIAL means any lot, building, structure, enclosure or premises whereupon five (5) or more dogs or cats over the age of four (4) months are kept and/or maintained, regardless of their housing arrangements.

KENNELS, LARGE means any premises where more than seven (7) dogs, cats or similar animals over four (4) months of age are kept or maintained for noncommercial purposes. Dogs used in herding farm animals, incidental to an agricultural use, are excluded from this definition.

KENNELS, SMALL means an accessory use of a principal residential or agricultural use where five (5) to seven (7) dogs over four (4) months of age are sheltered, bred or trained.

KIOSK means a freestanding structure that may or may not provide a service (such as an ATM) and which provides signage and information which may or may not contain advertising.

KITCHEN means any area within any structure including one (1) or more of the following facilities that are capable of being used for the preparation or cooking of food: oven/microwave oven, stove, hotplate, refrigerator exceeding six cubic feet, dishwasher, garbage disposal, sink having a drain outlet larger than 1.05 inches in diameter and cabinets, counter space or other areas for storing food.

L. 

LAMP means a source of light, commonly referred to as a bulb.

LANDMARK refers to a building, element or site (including a specific tree or tree species) having historic, architectural, social or cultural significance and designated for preservation by the local, state or federal government.

LANDSCAPE AREA means all the planting areas, turf areas and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

LANDSCAPE ISLAND. Used to divide up parking stalls in a parking lot. Usually planted to break up the hardscape of a parking lot.

LANDSCAPE PROJECT means total area of landscape in a project as defined in “landscape area” for the purposes of this Zoning Code.

LANDSCAPING means the planting of ornamental trees, shrubs and groundcovers, including mulching, borders, irrigation systems and incidental ornamental features such as fencing, wagon wheels, fountains, antique farm equipment, planters and plant containers.

LAUNDROMAT AND CLEANERS means a facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

LIGHT FOOD OR SNACK means foods eaten between meals requiring limited food preparation such as beverages, cheese, crackers, candy, fruits, nuts and appetizers including potentially hazardous foods. A light food or snack does not include food items that would normally constitute a meal. The light food or snack should not be served so as to be intended as a sit-down meal (CRFC Section 113893).

LIGHT POLLUTION means the night sky glow caused by the scattering of artificial light in the atmosphere.

LIGHT SOURCE means an electrical bulb, tube, diode or other device that produces artificial light or illumination.

LIGHT TRESPASS means light falling across a property line onto another lot or parcel of land or onto a public right-of-way.

LINEAL means arrangement in a system of lines.

LINTEL means a horizontal structural member that supports a load over an opening.

LIVE WORK means a townhome that includes square footage in an area that is internally separated from the residential area that is devoted to occupational endeavors.

LIVESTOCK FARMING means the raising of livestock animals, including cattle, pigs, sheep, goats, horses and mules, for use, sale, food purposes or pleasure.

LIVESTOCK GRAZING means the use of land for livestock to feed on growing grass or herbage.

LIVING AREA means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

LIVING SPACE means the improved interior habitable area within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

LOGO means a distinctive emblem, symbol or insignia identifying a particular product, service, business, activity or entity.

LOT. See “Lot of record.”

LOT AREA, GROSS means the area included within the boundaries of a “lot of record,” including any portion described in the map or deed creating the lot as lying within a public or private street right-of-way or roadway easement. For lots five (5) or more acres in size or when the zoning regulations require minimum lot size of five (5) or more acres, up to, but not exceeding, fifteen (15%) percent of the minimum lot size or maximum permitted density requirement may consist of any area required for new road dedication or one-half (1/2) of any existing public right-of-way.

LOT AREA, NET means the gross lot area minus any public or private street right-of-way and minus any roadway easement.

LOT, CORNER means a lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-four (134) degrees.

LOT COVERAGE. See “Maximum lot coverage.”

LOT, FLAG OR PANHANDLE means lots that have less than the minimum required frontage on a public or private street, have access to a public or private street by a narrow strip of land and the largest portion of the lot is situated behind adjoining lots which front on a public or private street. The panhandle portion of the lot shall be included when calculating residential densities, but excluded when determining compliance with minimum lot size standards. The Planning Director shall determine the front, side and rear of a flag lot for purposes of identifying required setbacks and yards, guided by the relationship of the lot to surrounding lot sand structures. In general, the flag lot yards should match the yard on adjacent lots. The panhandle portion of the lot shall be excluded when determining setbacks and yards.

LOT, INTERIOR means a lot which is bordered on three (3) sides by other lots and which fronts upon a street or right-of-way.

LOT, KEY means a lot, the side line of which abuts the rear line of one (1) or more adjoining lots.

LOT LINE means a line separating the frontage from a street; the side from adjoining property; or the rear from an alley or street or adjoining property.

LOT LINE, FRONT means a line separating a front yard of a lot from the street.

LOT LINE, REAR means the lot line most distant from and generally opposite the front lot line; or on a lot with two (2) front lot lines, the lot line opposite the narrowest front lot line.

LOT LINE, SIDE means any lot line not a front lot line or a rear lot line.

LOT OF RECORD means a single parcel of land, the boundaries of which are delineated in the latest recorded parcel map, subdivision map, certificate of compliance or deed; provided, that such recorded deed does not create or attempt to create a lot in violation of the provisions of any applicable California law or City/County Ordinance.

LOT, THROUGH means a lot having frontage on two (2) parallel or approximately parallel streets.

LOT WIDTH, MINIMUM AVERAGE means the average horizontal distance between the side lot lines measured at right angles to the lot depth of the lot at a point midway between the front and rear lot lines. In the case of triangular lots or lots that are bound by more than four (4) straight lines or that have curvilinear side lines, the Community Development Director shall determine lot width.

LOW BARRIER NAVIGATION CENTER means a housing shelter focused on housing first, low-barrier, service enrichment for the purpose of moving people into permanent housing. In accordance with California Government Code Sections 65660 through 65668, this housing shelter use provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelters and housing.

LOW-INTENSITY LIGHTING means lighting designed to accent architectural features or signs that does not produce glare, such as tubular neon or LED rope lighting.

LOW VOLUME IRRIGATION means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

LUMBERYARD means an area used for the storage, distribution and sale of lumber and lumber products, but not including the manufacture, remanufacture or fabrication of lumber, lumber products or firewood.

LUMEN means a unit of luminous flux.

LUMINAIRE means an entire lighting unit, including one (1) or more lamps, reflectors, refractors, diffusers, baffles, lenses and other devices to distribute the light and parts that position and protect the lamp and connect the lighting unit to the power supply.

M. 

MANUFACTURED HOUSING means a structure constructed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8') body feet or more in width or forty (40') body feet or more in length, in the traveling mode or when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and which is placed on a permanent perimeter foundation. “Manufactured home” also includes any structure that meets all the requirements of this definition for which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401 and following). If not placed on a permanent foundation, the manufactured home is defined as a mobile home as set forth in this section.

MARIJUANA. See “Cannabis.”

MARQUEE (CANOPY) SIGN means a sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

MASS AND SCALE means size and shape of a building and its relationship to the surrounding structures and spaces.

MASSING means composition of a building’s volumes and surfaces that contribute to its appearance.

MAUCRSA means the State Medicinal and Adult-Use of Cannabis Regulation and Safety Act, as may be amended.

MAXIMUM APPLIED WATER ALLOWANCE (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area’s reference evapotranspiration, the ET adjustment factor and the size of the landscape area.

MAXIMUM HEIGHT means the height for any principal or accessory structure above which air space cannot be occupied by any building, structure or accessory structure. The maximum height shall be the vertical distance from the average level of the highest and lowest points of that portion of the lot covered by the building to the topmost point of the roof.

MAXIMUM LOT COVERAGE means a development standard which shall have the following meaning: the percentage of the net lot area covered by the vertical projection of any structure, excluding any structure not extending above grade. Lot coverage shall not include swimming pools and shall not include underground accessory structures such as septic tanks, gas tanks or water and sewer lines.

MEDICAL MARIJUANA DISPENSARY means any facility or location where medical marijuana is made available to and/or distributed by or to three (3) or more persons who are primary caregivers, qualified patients or persons with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.

MENU SIGN means a sign illustrating the menu or specials for an establishment.

MESSAGE CENTER SIGN means a mechanically variable message sign in which changes can be made on the sign and can use computer-generated messages or some other means of changing messages and may include lamps, LEDs, LCDs, or flipper matrix.

MINISTERIAL means a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. Examples of ministerial permits of this chapter include: zoning clearance, minor and moderate design review, zoning and development review permits.

MINI-STORAGE WAREHOUSE means a building or buildings used for storage which is divided into sub-spaces intended to be rented individually.

MIXED HOUSING means a residential development that consists of a variety of lot sizes and more than one (1) housing type.

MIXED-USE means the combining of two (2) or more uses on a single parcel or a single structure.

MOBILE HOME means a structure that was constructed prior to June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width or forty (40) body feet or more in length, in the traveling mode or when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein as set forth in Health and Safety Code Section 18008. Mobile home includes any structure that meets all the requirements of this definition and is either certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. Section 85401 and following) or complies with State standards for mobile homes in effect at the time of construction. Mobile home does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, a commercial coach or a manufactured home as defined by State law.

MOBILE HOME PARK means an area of land where two (2) or more mobile home spaces are used, rented, leased or held out for use, rent or lease, to accommodate mobile homes for human habitation. For purposes of this chapter, “mobile home parkshall not include a mobile home subdivision, stock cooperative or any park where there is any combination of common ownership of the entire park or individual mobile home spaces. This shall not include recreational vehicle parks or portions of parks that include recreational vehicle spaces.

MODEL HOMES/ON-SITE REAL ESTATE OFFICES means a dwelling unit that is temporarily used as a model to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development. SALES OFFICE means a dwelling unit within a subdivision; a dwelling unit within a condominium; or a modular unit that is temporarily used as a sales office for a subdivision or condominium.

MODULAR HOME. See “Factory-built housing.”

MONOPOLE means a structure erected on the ground to support wireless communication antennas and connecting appurtenances and consisting of one (1) pole.

MONOTONOUS STRUCTURES means unvarying structures marked by a sameness of pitch and intensity.

MONUMENT SIGN means a freestanding sign not exceeding six (6') feet in height which is supported by a base which extends the entire length of the sign area and is an integral part of the design.

MORTUARY means an establishment providing services such as preparing the human dead for burial and arranging and managing funerals and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums and columbaria.

MOTEL. See “Hotel.”

MOTORHOME means a “housecar” as defined by the California Department of Motor Vehicles, which is any vehicle designed for human habitation.

MULCH means any organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion.

MULTIFAMILY DWELLING. See “Dwelling, multifamily.”

MULTIFAMILY DWELLING GROUP means a group of two (2) or more detached or semi-detached two (2) family or multifamily dwellings that occupies a parcel of land in one (1) ownership.

MURAL means a picture or painting on a wall consisting of the following:

(1) ORIGINAL ART MURAL means a hand-painted, hand-tiled or digitally printed restorative image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered or goods produced or sold.

(2) PUBLIC ART INSTALLATION means a facility, amenity or project that does not contain any commercial message.

N. 

NATURAL ENVIRONMENT means the natural geographic community making up the physical features of property which has not been disturbed from grading or other manmade aspects.

NEIGHBORHOOD means a geographical section of town having distinguishing physical/environmental characteristics which may be occupied or visited by people.

NONCONFORMING LOT means a legal lot of record having less area, dimensions and/or frontage than required in the regulations of the district in which it is situated.

NONCONFORMING STRUCTURE means a legal building or structure, where the setbacks, height and/or area of the structure does not meet the regulations of the district in which it is situated.

NONCONFORMING USE means any legal use of land established prior to the existing zoning district which does not conform to the regulations of the current district in which it is situated.

NURSERY, RETAIL means the retail handling of any article, substance or commodity related to the planting, maintenance or harvest of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals or other nursery goods and related products in small quantities to the consumer

NURSERY SCHOOL means a public or private school for children usually under five (5) years of age.

NURSERY, WHOLESALE means the growing, storage and sale of garden plants, shrubs, trees or vines for resale; including incidental retail sales.

NURSING HOME means an inpatient residential facility that is maintained primarily for the care and treatment of the elderly and/or disabled under the direction of a physician. The patients in such a facility require supportive, therapeutic or compensating services and the availability of a licensed nurse for observation or treatment on a twenty-four (24) hour basis. Nursing care may include but is not limited to terminal care; extensive assistance or therapy in the activities of daily living; continual direction, supervision or therapy; extensive assistance or therapy for loss of mobility; nursing assessment and services which involve assessment of the total needs of the patient, planning of patient care and observing, monitoring and recording the patient’s response to treatment; and monitoring, observing and evaluating the drug regimen.

O. 

OCCUPANCY FRONTAGE means the length of that portion of a building occupied by a single business abutting a street or alley or parking area or other means of customer access such as an arcade, mall or walkway.

OFFICE means buildings that house both offices and supporting activities including medical, dental, legal, architectural, engineering, contractors and banks as permitted in the Zoning Code.

OFF-ROAD VEHICLE COURSE means an area improved for the use of off-road vehicles, including dirt bikes, motorcycles and four (4) wheel drive vehicles. Includes facilities for spectators. Off-road vehicle courses are available for the general public either without charge or on an hourly, daily, weekly, monthly or yearly membership basis.

OFF-SITE ALCOHOLIC BEVERAGE SALES means the sale of alcohol or alcohol products for human consumption outside the place of sale.

OFF-SITE RETAIL CENTER SIGN means a freestanding sign that identifies a retail center, located off the site where the retail center is situated.

OFF-SITE SIGN means a sign, including a billboard, which advertises a business, organization, event, person, place or thing that is located off the site where it is situated.

OFF-STREET PARKING DEVELOPMENT STANDARDS means a set of standards that have been duly adopted by the City Council and that regulate the design and layout of parking lots, including the parking stalls, access aisles, landscaped areas, buffer yard locations and other areas associated with the parking lot.

ON-SITE ALCOHOLIC BEVERAGE SALES means the sale of alcohol or alcohol products for human consumption inside the place of sale.

OPEN OR OUTDOOR STORAGE means the storage of new or usable supplies, materials, products, motor vehicles or other appurtenances in the “open” or in view of the general public. “Open storage” is a form of “outdoor storage” but does not include a “junkyard.”

OPEN SPACE means land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.

OPEN TO THE PUBLIC means hours of operation of a commercial use when the goods or services provided are “available for use by persons other than employees.”

OPERATING PRESSURE means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

OUTDOOR DINING AREA (RESTAURANT, OUTDOOR CUSTOMER DINING) means a dining area with seats and/or tables located outdoors of a restaurant, coffee shop or other food service establishment and which is (1) located entirely outside the walls of the subject building, (2) enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover or (3) enclosed on three (3) sides by the walls of the building without a solid roof cover.

OUTDOOR RECREATION, AGRICULTURAL means a part of agritourism; outdoor recreational facilities located on agriculturally zoned properties which are accessory to the primary agricultural use. Uses include but are not limited to: horseback riding, hiking, nonmotorized biking, guide/outfitter operations, paintball.

OUTDOOR RECREATION FACILITY means any premises which offers open-air recreational opportunities to the general public either on a membership basis or on an hourly, daily, weekly, monthly or yearly rate including but not limited to golf courses, tennis courts, swimming pools, equestrian trails, private hot springs, skateboard parks, BMX tracks, miniature golf and waterslides.

OUTDOORS means any location within the City of Clearlake that is not within a fully enclosed and secure structure.

OVERHEAD SPRINKLER IRRIGATION SYSTEM means a system that delivers water through the air (e.g., spray heads and rotors).

OVERNIGHT ACCOMMODATIONS means places that offer overnight accommodations for short-term rental in increments of not less than twenty (20) hours, including hotels and motels. This term also includes hotels that offer convention facilities or meeting rooms. This term does not include a bed and breakfast inn.

OVERSPRAY means the irrigation water which is delivered beyond the target area.

P. 

PACKING PLANT means an establishment for processing and packing foods, especially meat, to be sold at wholesale.

PARCEL. See “Lot of record.”

PARK AND RIDE FACILITY means a facility designed for parking automobiles, the occupants of which transfer to public transit to continue their trips.

PARKING, COVERED means an accessible and usable parking space of not less than ten (10') by twenty (20') feet in dimension located within a structure of columns and roof or enclosed by walls and roof. Includes “carport” or “garage.”

PARKING LOT means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles.

PARKING MANAGEMENT PLAN means a document that outlines how site parking will be regulated and includes provisions to reduce parking demand, including, but not limited to, availability of transit in close proximity, access to a car share program and access to information regarding alternative transportation programs.

PARKING SPACE means an accessible and usable space on the lot for the parking of automobiles.

PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of an accessory dwelling unit as defined in Government Code Section 65852.2, as amended.

PATIO means a hardscaped ground level area, usually (but not necessarily) paved with concrete or decorative pavers, that adjoins a home and is designed for use as an area for outdoor lounging, dining or other comparable leisure activities.

PAVED SURFACE (also IMPERVIOUS SURFACE) means area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes frozen soil but includes rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious.

PAWN SHOP or PAWNBROKER means a business that offers secured loans to individuals, where personal property is physically held as collateral at the place of business. Property that has not been purchased back by the borrower within the specified time frame is then made available for retail sale at the place of business.

PEDESTRIAN NETWORKS means a connecting and linked series of pathways, sidewalks and walkways.

PERFORMANCE STANDARDS means a set of regulations establishing minimum requirements or maximum allowable limits on the effects or characteristics of a use; including but not limited to performance standards on air quality, erosion, glare, landscaping, hazardous wastes, noise, outdoor storage and satellite dish antennas.

PERMIT HOLDER means the person or entity who receives the City permit for operation of the wireless telecommunications facility and the entity that owns and operates the wireless telecommunications facility.

PERSON means any individual, partnership, corporation, joint stock association, trustee, receiver, assignee or personal representative thereof. It also includes any city or state or any subdivision thereof to the extent that the City has jurisdiction over their activities that are within the scope of this Zoning Code.

PERSONAL GROW means no more than the total of six (6) marijuana or cannabis plants per residence, both indoor and outdoor, regardless of number of persons living there.

PERSONAL SERVICES means a use that provides non-medical services that are generally used on a recurring basis and generally require one-to-one interaction between the proprietor or employee and the customer in order to provide the service. Examples of personal services include beauty and barber shops and tailoring. The phrase does not include “professional services, instruction or counseling.”

PHOTOGRAPHY STUDIO means an establishment engaged in photography for the general public including, but not limited to, portrait, passport, wedding and other special occasion photographs.

PICNIC AREA (PICNIC AREA, GROUP) means two (2) or more picnic tables reserved for use by ten (10) or more persons equipped with picnic tables, barbeque stands and may be provided with a roofed shelter.

PIER means a general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water.

PLANNING COMMISSION means the Planning Commission of the City of Clearlake as established and defined under Article 2-9.

PLANT FACTOR means a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6 and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication, “Water Use Classification of Landscape Species.”

POLE SIGN means a freestanding sign which is supported by itself, one (1) or more uprights, poles, columns or braces in or upon the ground or by a structure other than a building and is otherwise separated from the ground by air.

POLICE CHIEF means the Police Chief for the City of Clearlake or designee.

PORCH, ENCLOSED means a covered entrance to a building or structure which is enclosed by walls or windows. Porches generally project out from the main wall of the building and may have a separate roof or a roof that is integrated with the building to which it is attached. This definition includes porches that are enclosed by solid walls that are at least thirty (30") inches in height, used in conjunction with or instead of balustrades or railings.

PORCH, OPEN means a covered entrance to a building or structure which is not enclosed by walls or windows, but may have columns that support the porch roof and railing. Porches generally project out from the main wall of the building and may have a separate roof or a roof that is integrated with the building to which it is attached.

POWER GENERATION FACILITY means any electrical generating facility using thermal, wind or water energy including but not limited to biomass plants, wind farms, coal-fired plants or geothermal power plants.

PRECIPITATION RATE means the rate of application of water measured in inches per hour.

PRINCIPAL USE means the primary or dominant use of the land, whether it be to farm, to ranch, to reside within a dwelling or to operate a business.

PRIVATE CLUB means organizations or associations of persons for some common purpose, such as a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Examples of private clubs include (but are not limited to) 4-H Clubs, veterans organizations, Boy Scout and Girl Scout facilities, Elks lodges, YMCA, YWCA, private community clubhouses, golf clubhouses and fraternities and sororities that do not include residential facilities. The phrase “private club” does not include organizations with a principal purpose of serving alcoholic beverages to its members or others.

PRIVATE FISHING AND HUNTING CLUB. See “Hunting club, private.”

PRIVATE RECREATION FACILITY means a recreation facility open only to bona fide members and guests of the private organization operating the facility.

PRIVATE UTILITY means any utility which is not a public utility.

PRODUCE STAND means a primarily open-air venue that sells seasonal produce and various products derived from local agricultural operations.

PROFESSIONAL SERVICES means offices that provide professional services such as law offices, real estate, engineering and surveying, architectural and printing services and similar uses.

PROJECT APPLICANT means an individual or entity submitting a landscape and irrigation plan required under this chapter. A project applicant may be the property owner or his or her designee.

PROJECT ENTRANCE SIGN means a permanent sign located near the entrance to a housing complex, mobile home park, condominium subdivision or other residential subdivision which was developed with a neighborhood name or is operated under a community name.

PROJECTING SIGN means a sign which projects more than twelve (12") inches from the exterior face of a building wall or façade and which uses the building wall as its primary source of support.

PROJECTIONS means a spatial object upon a plane or curved surface or a line that outcrops its points to create shadow effects on a surface.

PROSPECTING means to search for mineral deposits in a place, especially by means of experimental drilling and excavation.

PROTECTIVE CARE means housing where the residents are assigned to the facility and are under the protective care of the County, State or Federal government. This use includes jails or prisons; work release; psychiatric hospitals; and comparable facilities.

PUBLIC AREA means an area, structure or building owned by a governmental agency and operated for use by the public including but not limited to: public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; schools, libraries, police stations, corporation yards and other public uses, buildings and structures.

PUBLIC CONVENIENCE AND NECESSITY means the grouping of criteria that is considered when making the determination of whether a new site where alcohol will be bought and sold will be established.

PUBLIC PARK means a public playground, public recreation center or area and other public areas, created established, designated, maintained, provided or set aside by the City, County, State or other agency, for the purpose of public rest, play, recreation, enjoyment or assembly and all buildings, facilities and structures located thereon and therein.

PUBLIC SERVICE INFORMATION SIGN means a sign which exclusively promotes an activity or event of general interest to the community and which contains no advertising features.

PUBLIC TRANSIT means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

PUBLIC UTILITY means production, storage, transmission and recovery facilities for water, sewerage, energy, communications and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission.

PUBLIC WORKS DIRECTOR means the Public Works Director for the City of Clearlake or designee.

PUBLICLY MAINTAINED ROAD means any road in the City of Clearlake or Lake County accepted for maintenance or owned and maintained by a city, county, special district or state.

Q. Reserved.

R. 

RADIO BOX means a cabinet that contains equipment used for transmitting or receiving in support of wireless telecommunication facilities.

RAIN SENSOR means a component which automatically suspends an irrigation event when it rains.

REAL ESTATE SIGN means a sign indicating that the property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property, but not including temporary subdivision signs.

REAR YARD means that yard or area within the rear half of the lot which extends from the rear wall of the principal building or structure to the rear lot line.

REASONABLE ACCOMMODATION means provision of disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include adjustments to standards such as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City’s land use and zoning program.

RECREATIONAL FACILITY, INDOOR means any premises which offer indoor recreational opportunities to the general public either on a membership basis or on an hourly, daily, weekly, monthly or yearly rate including, but not limited to, country clubs, bowling alleys, swimming pools and other private noncommercial recreation areas and facilities or recreation centers, including private swimming pools.

RECREATION FACILITY, OUTDOOR means any premises which offer open-air recreational opportunities to the general public either on a membership basis or on an hourly, daily, weekly, monthly or yearly rate including but not limited to golf courses, tennis courts, swimming pools, equestrian trails, private hot springs, skateboard parks, BMX tracks, miniature golf and waterslides.

RECREATIONAL VEHICLE means a motorhome, travel trailer, park trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with an area of less than four hundred eighty (480) square feet and consistent with California Health and Safety Code Section 1810. Recreational vehicle shall also include trailered boats.

RECREATIONAL VEHICLE PARK means any area or tract of land, where one (1) or more spaces are rented or leased or offered for rent or lease or held out for use to owners or users of recreational vehicles or tents and which is utilized for transient occupancy.

RECYCLING FACILITY means an establishment or premises that provide recycling services, which may include the following:

(1) RECYCLING FACILITY, MOBILE RECYCLING UNIT means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers, transported by trucks, vans or trailers and used for the collection of recyclable materials. A mobile recycling unit is also defined as a “small recycling center.”

(2) RECYCLING FACILITY, RECYCLING CENTER means a collection center for the acceptance by donation, redemption or purchase of recyclable materials from the public and further defined as follows:

(a) RECYCLING CENTER, LARGE means a collection center of five hundred (500) square feet or larger in area or a small recycling center not accessory to a commercial or industrial district use, not including any powered recycling processing, except for reverse vending machines or bulk reverse vending machines.

(b) RECYCLING CENTER, SMALL means a collection center of less than five hundred (500) square feet in area, accessory to a commercial or industrial district use, including “mobile recycling unit” and “bulk reverse vending machines,” but not including any powered recycling processing except for reverse vending machines or bulk reverse vending machines.

(c) RECYCLING FACILITY, DROP-OFF RECYCLING CENTER means any premises where recyclable items such as newspapers, magazines, glass bottles or aluminum cans are accepted, whether for compensation or not, and stored within containers until such time as the recyclable items are transferred to a recycling processing center. A drop-off recycling center also includes “reverse vending machines,” “bulk reverse vending machines,” “mobile recycling unit” and “small recycling center” as defined in this article.

(1) RECYCLING FACILITY, REVERSE VENDING MACHINE means an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. A reverse vending machine is less than fifty (50) square feet in area.

(2) RECYCLING FACILITY, REVERSE VENDING MACHINE, BULK means a reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container. A bulk reverse vending machine is also defined as a “small recycling center.”

(d) RECYCLING PROCESSING CENTER means a center that may include collection and processing of recyclable materials. Processing may include powered or unpowered preparation of material for efficient shipment or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

REHABILITATION means the means, the act or the process of returning a building, object, site or structure to a state of utility through repair, remodeling or alteration that enables an efficient contemporary use while preserving those portions or features of the building, object, site or structure that are significant to its historical, architectural and cultural values.

REHABILITATED LANDSCAPE means any landscaping project that requires a building permit or design review where the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

REPAIR AND REPLACEMENT means the repair, maintenance or minor alteration of structures, buildings or topographic features involving negligible or no expansion of use beyond that previously existing, including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances; restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards; or additions to existing structures or uses; provided, that the addition will not result in an increase of more than fifty (50%) percent of the floor area of the structure or use area of the current use before the addition.

REPAIR SERVICES means establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops or repair of musical instruments.

REPLACEMENT VALUE means a building evaluation by the Chief Building Official not including the value of land.

REQUIRED YARD means the same as required front yard or required rear yard or required side yard; see “Yards.”

RESERVOIR, SMALL, MEDIUM, LARGE means a form of excavated pond or embankment pond. A small reservoir is greater than one (1) acre foot, but shall not exceed five (5) acre feet. A medium reservoir is greater than five (5) acre feet but shall not exceed fifteen (15) acre feet. A large reservoir exceeds fifteen (15) acre feet. The aggregate volume of all reservoirs on the property shall be used for calculating reservoir size on any individual parcel.

RESIDENTIAL CARE FACILITY, LARGE means any State-licensed family home, group care facility or similar facility family home, group care facility or similar facility providing twenty-four (24) hour non-medical care for more than six (6) persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

RESIDENTIAL CARE FACILITY, SMALL means any State-licensed family home, group care facility or similar facility providing twenty-four (24) hour nonmedical care for up to six (6) persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

RESORT means a building or group of buildings containing guest rooms and meeting rooms, with a large portion of the site devoted to recreational activities such as tennis, horseback riding, swimming and golf.

RESTAURANT means an establishment where food is prepared for consumption on the premises, which may include on-sale alcoholic beverages in conjunction with meals.

RESTORATION means the creation of an authentic reproduction beginning with existing parts of an original object or building. Restoration includes the act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of removing later work or replacing missing earlier work.

RETAIL means the sale of goods or commodities to consumers, including incidental wholesale sales.

RETAIL CENTER. Refer to “Big Box Retail Center.”

RETAIL SALES OF NEW AND USED AUTOMOBILES (AUTOMOBILE DEALERSHIP) means any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.

RETREAT means a facility with permanent structures for meeting, lodging, dining and sanitation in a predominantly natural environment. The primary use of retreats is for religious, educational or charitable purposes, such as meetings and programs in religion, spirituality, personal growth or environmental studies.

REVIEW AUTHORITY means the officer, committee, commission, board or employee responsible for the approval or disapproval of any permit or entitlement or responsible for the administration, interpretation or enforcement of the provisions of the Zoning Ordinance.

REVITALIZATION means the imparting of a new economic and community life in an existing neighborhood, area or business district, while at the same time preserving the original building stock and historic character.

RIDGE means a topographic feature indicated as an extended elevation between valleys, typically the upper part of a range of hills or mountains.

RIDING AND HIKING FACILITY means an area designated for public horseback riding or hiking, usually with an improved path and signage.

RIFLE RANGE means any facility; or premises protected from uncontrolled entry where firearms or arrows are lawfully discharged for target practice or competition. “Rifle range” includes pistol range, archery range or trap shoots.

RIGHT-OF-WAY means the strip of land over which certain transportation and public use facilities are built, such as roadways, railroads and utility lines.

ROAD means a permanently reserved, public or private right-of-way which affords a principal means of vehicular access to abutting or adjacent property, not including alleys or driveways as defined herein. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.

ROAD, AGRICULTURAL means roads used exclusively for agricultural purposes.

ROAD BUILDING means the removal of more than five hundred (500) cubic yards of earth for road building or grading of public or private roads which cross or would provide access to more than two (2) parcels, but not including roads constructed exclusively for agricultural purposes.

ROAD, MAJOR COLLECTOR means an intraregional travel route providing access to major neighborhood retail and service facilities, community centers, major recreational facilities, employment centers and other intensive land uses.

ROOF SIGN means a sign erected upon or above a roof or a parapet of a building or structure and not contained within a dormer.

RUMMAGE SALE, COMMERCIAL means the sale of secondhand goods, including flea markets by individuals or organizations conducted more than twelve (12) days per calendar year.

RUMMAGE SALE, NONPROFIT means the infrequent sale of secondhand goods by individuals or organizations, including garage and yard sales and flea markets conducted between six (6) and twelve (12) days per calendar year.

S. 

SAFE PARKING means a parking program operated on property located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing.

SALVAGE YARD means any site or portion of a site that is used to store used equipment and/or construction materials for the purpose of future reuse or resale. If a salvage yard is located on the same site as another established use, the salvage yard area shall be considered a separate freestanding primary use, even if it serves all or a portion of the other established use.

SANITARY LANDFILL means a site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume and covered with soil at the end of each working day.

SATELLITE DISH ANTENNA means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia, that is used to transmit and/or receive radio microwave or other electromagnetic waves between terrestrially and/or orbitally based uses.

SAWMILL means a facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.

SCHOOL, PRIVATE means a school that is established, conducted and primarily financially supported by a non-governmental agency or group of individuals.

SCHOOL, PUBLIC means a school that is financially supported by a local, city, county, state or other government authority.

SCREENING means to intentionally prevent or obstruct the public’s view of some particular use, article, activity, structure or building.

SEASONAL WORKER means a worker who finds employment only in certain seasons.

SECONDARY DWELLING UNIT means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling is situated. Secondary dwelling units established prior to adoption of the ordinance codified in this chapter may be considered legal. Secondary units established after adoption of the ordinance codified in this chapter shall be considered accessory dwelling units that shall comply with applicable standards of this chapter (refer to Section 18-19.320).

SECONDHAND GOODS means any goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques.

SECONDHAND STORE means a store or shop that primarily sells goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques.

SELF-STORAGE means an establishment that offers for rental, lease or ownership of individual bays that are intended for the storage, warehousing or safekeeping of goods or possessions, regardless of the duration of such storage, warehousing or safekeeping.

SELF-SUFFICIENCY PROGRAM means a program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance.

SENIOR INDEPENDENT LIVING CENTER (SILC) means a multiple residential structure(s) that provide housing for occupants who are fifty-five (55) years or older. In the case of double occupancy of a unit, only one (1) resident is required to be at least fifty-five (55) years of age. Such a center shall consist of, but not be limited to, individual units, community dining centers and common recreation areas. The facilities are physically accessible to elderly citizens. The individual units may be in the form of multiplexes, cottages, townhouses, patio homes or single-family homes. Generally, senior independent living centers will provide two (2) meals per day, provide transportation for residents and offer indoor and outdoor recreational areas.

SERVICE STATION WITH CONVENIENCE RETAIL means a retail business that provides the public with a convenient location to quickly purchase a wide variety of consumable products and services, generally food and motor fuels and in the operation and maintenance of automotive vehicles.

SETBACK means an area of certain distance from a property line within which building development cannot occur. Use of setbacks creates front, side and rear yard areas in developments. Setbacks are also used to establish safe clear areas around buildings for fire, police or aesthetic reasons. See “Yards.”

SHALL. As used herein, “shall” is not intended to diminish the flexible application of the stated guidelines, but to reinforce the requirement to meet, at a minimum, the intent of the particular section, standard, guideline or design principle.

SHOULD signifies a directive to be honored if at all possible.

SIDE YARD means that yard or area within either side of the lot and outside of the front yard or rear yard which extends from the wall of the principal building or structure to the side lot line.

SIDING means the exterior wall covering of a structure.

SIGN means any sign, identification, display, illustration, device or visual representation designed and used for the purpose of communicating a message, advertising, and/or identifying or attracting attention to a premises, product, service, person, activity, business or event and shall include all of its structure and component parts. “Signshall not include any flag of the United States of America or State of California or any display of merchandise outside of a business.

SIGN AREA means the entire area in square feet of a sign within a single continuous perimeter composed of squares, rectangles, circles or other shapes which enclose the extreme limits of the sign, including all background or structural material that is utilized in the expression of the message. The sign area of a multifaced sign shall be the sum of the face areas, except where the sides are parallel, back to back and separated by no more than eighteen (18") inches, in which case it shall be determined by the larger of the faces.

SIGN COPY means any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter.

SIGN FACE means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

SIGN STRUCTURE means any structure that supports or is capable of supporting any sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building.

SINGLE-FAMILY DWELLING. See “Dwelling, single-family.”

SITE means a parcel of land used or intended for use or a group of uses and having frontage on a public or an approved private street.

SLOPE means land gradient described as a percentage equal to one hundred (100) times the vertical rise divided by the horizontal run.

SMALL ENGINE REPAIR means the industry of servicing and repairing small, gas- or diesel-powered machinery. Small engine mechanics service machinery ranging from lawn mowers to chainsaws and other related equipment.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMmeans a solar energy system that is not larger than ten (10) kilowatts alternating current nameplate rate or thirty (30) kilowatts thermal that is installed on a roof of a single-family or duplex dwelling.

SMALL WIND ENERGY SYSTEM. A wind energy conversion system shall consist of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than ten (10) kilowatts and which is intended primarily to reduce on-site consumption of utility power.

SOCIAL SERVICE PROVIDER means an agency or organization licensed or supervised by any Federal, State or local health/welfare agency that participates in the Federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.

SPA means a commercial establishment with facilities for exercising, bathing and beautification.

STAKING means to secure trees to the ground at two (2) or three (3) points to allow their roots to become established: usually removed after one (1) or two (2) growing seasons.

STATION means, as it relates to irrigation, an area served by one (1) valve or by a set of valves that operate simultaneously.

STEALTHING means improvements or treatments added to a wireless telecommunications facility which mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it effectively unnoticeable to the casual observer.

STORAGE YARD means any site or portion of a site that is used to store new equipment and/or construction materials for the purpose of future use or sale. If a storage yard is located on the same site as another established use, the storage yard area shall be considered a separate freestanding primary use, even if it serves all or a portion of the other established use.

STREAMLINED HOUSING means a housing development project that meets the qualifications of Government Code Section 65913.4 and therefore is eligible for a ministerial and streamlined approval process.

STREET. See “Road.”

STREET TREES means trees strategically planted, usually in parkway strips or medians, to enhance the visual quality of a street.

STREETSCAPE means the distinguishing and pictorial character of a particular street as created by its width, degree of curvature, paving materials, design of the street furniture, landscaping and forms of surrounding buildings.

STRUCTURAL ALTERATION means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURAL WALL means any bearing wall of a building.

STRUCTURE means anything constructed or erected, the use of which requires location on or above the ground or the attachment to something having location on or above the ground including swimming pools and patio covers.

SUPPORTIVE HOUSING means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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.

STYLE means a type of architecture distinguished by special characteristics of structure and ornament and often related in time; also, a general quality of distinctive character.

SWING JOINT means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

T. 

T-FRAME SIGN means an upright portable sign with a base or base sections and vertical frame members forming an inverted T shape.

TAILOR means a person who makes, repairs or alters garments such as suits, coats and dresses.

TANDEM PARKING means parking spaces for two (2) or more automobiles when they are parked on a driveway or in any other location on a lot, lined up behind one another.

TARGET POPULATION means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health condition or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 3.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. This definition is intended to remain consistent with California Government Code Section 65582(i) as may be revised from time to time.

TASTING FACILITY, GENERAL means a facility in which agricultural products grown or processed on the premises may be tasted and sold.

TASTING FACILITY, WINE. See “Wine tasting facility (wine tasting room).”

TATTOO PARLOR means a commercial land use where the marking or coloring of the skin is performed by pricking in coloring matter or by producing scars, and which is conducted in exchange for financial or other valuable consideration. It does not include the application of permanent cosmetics or tattooing when applied by a licensed dermatologist on premises licensed as a dermatological office.

TAVERN means any place in which fermented malt beverages or intoxicating liquors are sold for consumption upon said premises and where sandwiches and snacks may be available for consumption on the premises.

TAX CONSULTANT means a financial expert especially trained in tax law and provides services using such training in exchange for monetary compensation.

TAXICAB COMPANY (TAXICAB BUSINESS) means a service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing and fueling the taxicabs or vans.

TELECOMMUNICATION FACILITY means an unstaffed facility that transmits and/or receives electromagnetic signals. It includes cellular towers, antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment buildings, parking area and other accessory development.

TELECOMMUNICATION TOWER means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support antennas.

TEMPORARY CONSTRUCTION STORAGE CONTAINER means storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers, equipped with a mechanical latch or other similar mechanism to hold the door in the open position when the structure is occupied or equipped with a mechanism to unlock the door from the inside when the structure is occupied for the use of storing of construction equipment and materials. The temporary construction storage container shall be limited to occupy the construction site from the issuance of the building permit to final inspection.

TEMPORARY DWELLING means a travel trailer or motorhome which serves as a temporary residence for the owner or builder until the principal dwelling unit is built or occupied. An existing permitted or legal nonconforming dwelling may be permitted to be used as a temporary dwelling, upon condition that it be removed or converted to an allowed use prior to final inspection of the new dwelling.

TEMPORARY OFFICE means a commercial coach which serves as a temporary office until the principal commercial structure is built or occupied.

TEMPORARY SALES OFFICE means a real estate sales office located in a subdivision.

TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITY means a wireless telecommunications facility that is intended to be used for ninety (90) days or less (not including temporary mobile services which are exempt from review).

TENNIS COURTS means an improved area used for playing tennis.

THEATER means a building or part of a building or structure devoted to showing motion pictures or for dramatic, dance, musical or other live performances.

THRIFT SHOP means a store or shop that primarily sells goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques.

TIMBER means harvestable trees.

TIMBER OPERATIONS means the management of lands and forests for the primary use of commercial production and harvest of trees, including the removal of timber and uses integrally related to growing, harvesting and processing of on-site forest products including roads, log landings and log storage areas.

TIMESHARE means a single-family dwelling unit whether attached or detached which is in common ownership by more than one (1) family or individual, the purpose of which is to provide temporary living accommodations to all owners on a scheduled basis for recreation. A timeshare may be managed separately and rented to non-owners when approved by the common owners.

TOBACCO PRODUCT. A tobacco product may include, but is not limited to:

(1) All forms of cigars (including little cigars).

(2) Smoking or pipe tobacco (including shisha), chewing tobacco and snuff.

(3) Any product containing, made of or derived from any amount of tobacco that is intended for human consumption.

(4) Any product containing, made of or derived from any amount of nicotine that is intended for human consumption and sold with or without a delivery device or system (for example, liquid with nicotine).

(5) Electronic cigarettes or any device or delivery system sold in combination with nicotine for a single price.

(6) Any component, part or accessory of an electronic cigarette that is used during the operation of the device when sold in combination with nicotine (for example, a battery used in the operation of the device sold with nicotine for a single price).

Tobacco products do not include cigarettes or any product that the U.S. Food and Drug Administration has approved as cessation products or for other therapeutic purposes (for example, nicotine patches).

TOBACCO PRODUCT NONSPECIALIZED RETAIL SHOP means a store that sells tobacco products as a minor part of sales, such as grocery or drug stores, gas stations, etc.

TOBACCO PRODUCT SPECIALIZED RETAIL SHOP means a store that specializes in selling tobacco products as a major part of sales.

TOURIST-ORIENTED DIRECTIONAL SIGN means a sign that provides direction to tourist-oriented activities.

TOWER, WIRELESS COMMUNICATION means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guyed towers, monopole towers and alternative tower structures.

TOWNHOUSE means a single-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one (1) or more common fire-resistant walls.

TRASH AND RECYCLING ENCLOSURE means a walled structure for trash and recycling containers, with one (1) or more gates for access.

TRANSIENT OCCUPANCY means occupancy of a motel, hotel or other temporary lodging for less than thirty (30) consecutive days in any twelve (12) month period.

TRANSITIONAL HOUSING means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

TRASH/RECYCLING CONTAINER means a can, cart, dumpster, or barrel for the purposes of containing trash and recycling material.

TRASH/RECYCLING HAULER means the trash and recycling company that empties waste containers within the City.

TREE FARM means land planted with harvestable trees and wooded areas.

TRIM means the decorative framing of an opening and other features on a façade.

TRIP REDUCTION PLAN means a program that provides information about any reasonable method or approach for providing, supporting, subsidizing, and/or encouraging the use of community alternatives, including but not limited to matching and placement services for carpools and vanpools; provision of carpool and preferential parking location and/or fees; fees for employee parking, provision of and/or placement services for subscription buses; provision of shuttle services; transit fare subsidies; on-site paths, parking and showers and lockers for bicyclists and pedestrians; guaranteed ride home and guaranteed transportation in emergencies for users of commute alternatives; on-site child care and other service convenience facilities which lessen the need for a personal vehicle at the place of employment; telecommuting; and teleconferencing.

TRIPLEX means a detached residential structure containing three (3) and only three (3) dwelling units, designed for occupancy by not more than three (3) families living independently of each other.

TRUCK REPAIR means a place of business primarily engaged in the repair and service of commercial vehicles.

TRUCK STOP means a place of business primarily engaged in providing gas station facilities for commercial vehicles and trailer trucks. Truck stops may include accessory food and lodging services.

TRUCK TERMINAL means the premises used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point and which is designed to accommodate the simultaneous loading or unloading of five (5) or more trucks.

TURF means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass and Buffalo grass are warm-season grasses.

U. 

UNDERSTORY TREES means a tree whose leaves would occupy the intermediate level of a forest in a natural ecological situation, generally not exceeding twenty (20') to thirty (30') feet at maturity. These trees are also called small or ornamental trees.

USE means the purpose for which land or premises of a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

USE, ACCESSORY. See “Accessory use.”

USE AREA means the area occupied by principal use or structure and accessory buildings, structures and appurtenant outdoor, screened or covered areas accessory to a permitted use or structure.

V. 

VACATION RENTAL means an owner-occupied dwelling unit where bedrooms are provided for compensation for fewer than thirty (30) consecutive days with a maximum of eight (8) adult overnight guests. Owner-occupancy for the purpose of a vacation rental means the owner of the vacation rental unit occupies the rental dwelling unit at least fifty-one (51%) percent of the time during the year.

VEHICLE, INOPERABLE means a motor vehicle that cannot be moved under its own power due to lack of a motor, transmission or wheels and in the case of trailers is incapable of being towed.

VEHICLE, MOTOR means a device by which any person or property may be propelled, moved or drawn upon a highway, street, alley or road except as a device moved by human power or used exclusively upon stationary rails or tracks.

VENDING MACHINE means a device which dispenses a product or service, either for sale or for free, and which is activated entirely by the receiver of the product or service, including but not limited to ice machines, propane tank dispensaries, food vending machines and newspaper racks and the like. Vending machine does not include a motor fuel pump. These standards do not apply to reverse vending machines for recycling facilities.

VENDOR’S PERMIT means a zoning permit allowing retail sales of items such as flowers, balloons and souvenirs; including vendors of foods such as hot dogs, sandwiches, cotton candy, snow cones, ice cream; and including newsstands, when sales are conducted in a zoning district allowing retail sales. Sales may be from carts, push carts, stands, trailers, kiosks or similar structures.

VERNAL POOL. See “Wetland.”

VETERINARIAN, LARGE ANIMAL means an animal hospital or clinic that provides services for horses and other livestock.

VETERINARIAN, SMALL ANIMAL means veterinary clinics and hospitals that provide care for small domestic animals such as dogs, cats and birds. The term does not include large animal and livestock veterinarians.

VIEWSHED means the area that can be seen from a given vantage point and viewing direction. A viewshed is composed of foreground items (items close to the viewer) that are seen in detail and background items (items at some distance from the viewer) that frame the view. If a person is moving, as when traveling along a roadway (a view corridor), the viewshed changes as the person moves, with the foreground items changing rapidly and the background items remaining fairly consistent for a long period of time.

W. 

WALL SIGN means any sign attached to, erected against or painted or inscribed upon the wall of a building or structure, with the exposed face of the sign on a plane parallel to the plane of said wall and not located above the roof line, parapet or façade (except when enclosed within a dormer, which does not project more than twelve (12") inches from the building wall.

WARMING SHELTER is a short-term emergency shelter (generally operated less than two (2) months out of the year) that operates when temperatures or a combination of precipitation, wind chill, wind and temperature become dangerously inclement.

WASTE TRANSFER STATION means the use of land or a facility, regardless of name or title, to unload waste of any kind or type from vehicles, and, with or without intermediate processing such as compaction, sorting or shredding, subsequently reload the waste onto other vehicles for delivery to another transfer site, storage site or disposal site. The phrase “waste transfer station” includes a facility for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard and other discarded household materials), where the materials are sorted, temporarily stored and then shipped in bulk to other locations for processing. The phrase “waste transfer station” does not include a wastewater treatment facility.

WATER FEATURE means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features.

WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) means the document thus entitled and published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.

WATERING WINDOW means the time of day irrigation is permitted.

WETLAND. The Federal government defines wetlands in Section 404 of the Clean Water Act as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support (and do support, under normal circumstances) a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR 328.3[b] and 40 CFR 230.3). The definition of wetlands requires three (3) wetland identification parameters to be present: wetland hydrology, hydric soils and hydrophytic vegetation. The U.S. Army Corps of Engineers (ACOE) is the responsible agency for regulating wetlands under Section 404 of the Clean Water Act, while the Environmental Protection Agency (EPA) has overall responsibility for the Act (ACOE, 2002).

WHOLESALE means the sale of goods or commodities in quantity for resale, including incidental retail sales.

WHOLESALE NURSERY. See “Nursery, wholesale.”

WHOLESALE SALES means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

WHOLESALE STORAGE AND DISTRIBUTION CENTERS (WHOLESALE ESTABLISHMENT WITH WAREHOUSE) means the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including truck terminal or bus servicing facilities, motor freight transportation, moving and storage facilities, warehousing and storage activities.

WIND TURBINE means the individual component of a small wind energy system that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering or electrical inverters. This term shall include the towers or supporting structures.

WINDOW SIGN means any sign or combination of signs in excess of four (4) square feet displayed on or behind a window or similar opening in a wall.

WINE TASTING FACILITY (WINE-TASTING ROOM) means a facility in which wine products grown or processed on the owner’s property may be tasted and sold.

WINERY means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling and wholesale or retail sales of wine produced or bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine related products, including but not limited to glasses, bottle openers and previously prepared packaged foods.

WIRELESS TELECOMMUNICATIONS FACILITY means the placement or installation of wireless facilities including:

(1) Equipment and network components, such as towers, utility poles, transmitters, base stations and emergency power systems that are integral to providing wireless telecommunications services.

(2) Antennas and related equipment, on or immediately adjacent to, a wireless telecommunications co-location facility.

(3) Co-location facilities, including wireless telecommunications facility that includes colocation facilities.

(4) Other meanings that are further described in California Government Code 65850.6(d)(2) as may be amended from time to time.

WIRELESS TELECOMMUNICATIONS MASTER PLAN means a plan that contains design prototypes for wireless telecommunication antenna facilities, locational criteria for each prototype, number of facilities and proposed screening and landscaping.

WOOD YARD, COMMERCIAL means any premises where large quantities (more than three (3) cords) of firewood, whether as whole trees or parts of trees, are imported, openly stored, split, sized and/or cut for sale.

X. Reserved.

Y. 

YARD means an area that lies between a property line or right-of-way and building, structure, and/or encroachment. See “minimum yards,” “front yard,” “rear yard” or “side yard.”

YOUTH-ORIENTED FACILITY means a public or private school (K-12), licensed daycare facilities, public parks, or a “youth center” as defined by State law as any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Z. 

ZONING ADMINISTRATOR means the Community Development Director or designee.

ZONING INTERPRETATION AND PROCEDURES MANUAL means the manual maintained by the Director, which provides interpretations and procedures for administering the Zoning Code. (Ord. #248-2020, S2 (Exh. A))