Chapter 18.10
DEFINITIONS

Sections:

18.10.010    General.

18.10.020    Definitions.

18.10.010 General.

A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.

B. The terms “shall” and “will” are imperative; the words “can” and “may” are permissive. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 3 (Exh. A), 2014; Ord. 95-7 § 2; Code 1990 § 12.2.01.]

18.10.020 Definitions.

For the purposes of carrying out the intent of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Abandon” means to cease or suspend from developing or maintaining a building or use for a stated period of time.

“Abutting and adjoining” means having district boundaries or lot lines in common.

“Access” means the place, or way, by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by the zoning regulations.

“Accessory automobile equipment” is defined as a tractor trailer, flatbed trailer, and other nonmotorized equipment that is required to have a license plate by the California Department of Motor Vehicles.

“Accessory building” means a portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be considered as a part of the main building.

“Accessory use” means a use incidental, appropriate, subordinate, and devoted exclusively to the main use of the lot or building.

“Alley” means a public or private way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property.

“Amendment” means a change in the wording, content, or substance of this title or an addition or deletion or a change in the zone boundaries or classifications on the zoning map, when adopted by ordinance passed by the city council in the manner prescribed by law.

“Ancillary use” means the same as an accessory use.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be an ancillary use.

“Antique automobile” is defined as a vehicle 45 years or older.

“Antique shop” means a store whose retail inventory includes at least 50 percent circa 1960 or older items. Antique shops do not include secondhand stores. See also “Consignment shop.”

“Arcade” means any business establishment in which there are more than 10 mechanical or electronic play devices, as defined in this section, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50 percent of its gross income from the sale of food and beverages, and which possesses a valid county health department permit to operate a restaurant, shall not be considered an arcade for the purposes of this title.

“As-graded” means the surface configuration upon completion of final grading.

“Authorized agent” means anyone who has actual or ostensible authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he/she presents to the city.

“Automobile dismantling yard” means any lot or any portion of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete, or wrecked motor vehicles or their parts, as a business, hobby, or otherwise, other than the sale of used car parts within an enclosed building where no dumping is permitted. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding 30 days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence that such lot or portion thereof is an automobile dismantling yard.

“Automobile impound yard” means any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impound yard shall not include the dismantling, reuse, or sale of motor vehicles or their parts.

“Automobile parking space” means an area, other than a street or an alley, reserved for the parking of an automobile.

“Automobile repair garage” means a building, other than a private garage, used for the care, repair, or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire, or sale.

“Automobile service station” means any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical), sale of merchandise and supplies related to the servicing of motor vehicles, the performance of minor automotive maintenance and repair, minor replacements, and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, engine overhauling, and similar work are excluded from the term “automobile service station” except where such uses are otherwise permitted.

“Automobile storage of nonoperating vehicles” means the presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not include automobile wrecking.

“Average slope” means the slope calculated by utilizing the following formula:

Average cross slope = I x L x 0.0023A

I = contour interval

L = contour length

0.0023 = constant to convert square feet to acres and slope to percent

A = acres in site

“Balance” means the cutting and filling of a site which does not require the export or import of earth material.

“Barber or beauty shop” means a business employing one or more persons offering hair cutting and/or styling services.

“Basement” means one or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurements if:

A. Over five feet of its height is above average level of the adjoining ground; or

B. Uses conducted therein are chargeable for parking.

“Bench” means a relatively level step excavated into earth material on which fill is to be placed, or an intermediate drainage area.

“Bench drain” means a generally horizontal drainage feature on a manufactured slope, usually in the form of a gunited concrete V-ditch with a minimum of five percent slope.

“Berm” means a mound or embankment of earth, or a low mound of earth graded in a linear or undulating form, often used as a noise or visual barrier.

“Bicycle locker” means an enclosed box with a locking door where a single bicyclist has access to a bicycle storage compartment.

“Billboard” means the same as an off-site sign. See Chapter 18.50 CMC, Sign Regulations, for definitions pertaining to signs.

“Block” means all property fronting upon one side of the street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

“Boarding or rooming house” means a building containing a single dwelling unit and not more than 10 guest rooms where lodging is provided with or without meals, for compensation. A boarding or rooming house shall not include rest homes, nursing homes, or homes for the aged.

Branch Warehouse. See “distribution warehouse.”

“Building” means a permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. The word “building” shall include the word “structure.”

“Building code” means the building code of the city of Calimesa.

“Building face” means the area of one building elevation, either the front, rear, or side.

“Building frontage” means the side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the general plan transportation element shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

“Building height” means the vertical distance measured from the adjoining curb level (ground-level grade) to the highest point of the building, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

“Building line” means an imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located.

“Business” means a commercial, office, institutional, or industrial establishment.

“Carport” means a permanently roofed structure with not more than two enclosed sides, used for automobile shelter or storage.

“City” means the city of Calimesa as the same now exists or may hereafter exist.

“City council” means the city council of the city of Calimesa.

“Classic automobile” is defined as a vehicle between 20 and 45 years old.

“Clinic, dental or medical” means a building or group of buildings which a group of physicians and/or dentists and professional assistants allied therewith are associated for the purpose of carrying out their profession and providing group medical services. The clinic may include a dental or medical laboratory, but shall not include inpatient care or operating rooms for major surgery.

“Clubhouse” means a building or group of buildings of an association of persons (whether or not incorporated) for the promotion of some nonprofit common interest and holding meetings or functions periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business.

“Cluster” means, for the purposes of interpreting Chapter 18.80 CMC, Tree Preservation, a grouping of at least three trees whose driplines intersect.

“Clustering” means the process of reducing required lot sizes while allowing permitted densities on a site to remain in order to preserve open space or sensitive or hazardous areas.

“Commercial” means any activity on or use of land which involves the buying, selling, processing, or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor, or improver.

“Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult use, or any other purpose and includes the activities of any business licensed by the state or other government entity under California Business and Professions Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.

“Commercial recreation facility” means facilities or uses that provide participant or spectator recreation for commercial purposes.

“Commission” means the planning commission of the city of Calimesa.

“Community care facility” means any facility, place, or building licensed by the state of California that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, or abused or neglected children, but excluding family day care homes.

“Community development director” means the director of the city of Calimesa planning department, or his/her designee.

“Conditional use” means a use of land for which a conditional use permit is required by this title.

“Condominium” means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.

“Consignment shop” means a store that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price. Consignment shops do not include secondhand stores. See also “Antique shop.”

“Construction, new” means any structure for which the start of construction commenced on or after the effective date of the ordinance codified in this title.

“Construction, start of” means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

“Contour” means a line drawn on a plan which connects all points of equal elevation.

“Contour grading” means a grading concept designed to result in earth forms which resemble the original natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

“Contractor’s equipment yard” means a facility, building, or premises used for the conduct of a business involved primarily with the rendition of contractor’s services and the use or storage of trucks, trailers, semitrailers, cranes, hoists, storage tanks, large timbers or beams, or similar equipment or the storage of construction or maintenance materials or supplies, but excluding any such equipment or materials when used as incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this title.

“Convalescent home” means the same as a rest home.

“Convenience store” means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

“County” means the county of Riverside.

“Creek” means a natural stream of running water larger than a brook and smaller than a river.

“Crib wall” means an earth-retaining structure with nearly vertical face constructed of modular preformed materials.

“Cut” means the mechanical removal of earth material.

“Cut and fill” means excavating material in one place and depositing it as fill in another place.

“Cutting” means the detaching or separating, from a protected tree, of any limb, branch, or root in a manner which will permanently damage the health or condition of the tree.

“Damage” means, for the purposes of interpreting Chapter 18.80 CMC, Tree Preservation, any action undertaken which causes injury, death, or disfigurement to a tree. This includes but is not limited to cutting, poisoning, overwatering, relocating, or transplanting a protected tree, or trenching, excavating, or paving within the protected zone of a tree.

“Day care facility” means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes family day care homes and extended day care facilities. A family day care home is a day care facility located in a residence which regularly provides care, protection, and supervision of 14 or fewer children from more than one other family, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home.

A. Small family day care homes are those which provide family day care for six or fewer children, including children under 10 years of age who reside at the home and which comply with the definition and requirements of the Health and Safety Code Section 1597.44 and state regulations.

B. Large family day care homes are those which provide family day care for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, and which comply with the definition and requirements of Health and Safety Code Section 1597.465 and state regulations.

A small family day care home or large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned.

“Daylight line” means the line between grading and natural terrain drawn by connecting the points where proposed contours meet existing contours.

“Deadwood” means limbs, branches, or portions of a tree that contain no green leaves during a period of the year when they should be present.

“Deck” means an uncovered area constructed using hardscape materials including but not limited to wood, composite materials, concrete, etc., that is elevated above final grade to a maximum of three feet measured at the finished floor and which may or may not include railing.

“Density” means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.

“Density transfer” means a way of retaining open space by concentrating densities while leaving unchanged historic, sensitive, scenic, or hazardous areas.

“Distribution center” means a warehouse or other specialized building, that may or may not have refrigeration or air conditioning, which is stocked with goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, to be redistributed to retailers, to wholesalers, or directly to consumers.

“Distribution facility” means a structure, building or other facility that is usually smaller than a firm’s main warehouse and is used for receipt, temporary storage, and redistribution of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, according to the customer orders as they are received. Also called branch warehouse or distribution warehouse.

“District” means a zoning district.

“Dripline” means the outermost edge of a tree’s canopy. When depicted on a map, the dripline will appear as an irregular-shaped circle that follows the contour of the branches as seen from overhead.

“Drive-through facility” means a facility, including a restaurant, which by its design allows people to receive goods and/or services while remaining in their automobiles.

Drive-Through Restaurant. See “restaurant.”

“Dwelling” means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, boarding or rooming houses, or dormitories.

A. “Dwelling, multiple-family” means a detached building designed and used for occupancy by three or more families, each living independently of others and each having separate kitchen facilities.

B. “Dwelling, multifamily attached” means a building containing two or more dwelling units.

C. “Dwelling, single-family” means a detached building designed or used exclusively for the occupancy by one family and having a kitchen facility for only one family.

D. “Dwelling, single-family attached” means a duplex, triplex, or fourplex.

E. “Dwelling, single-family detached” means a building containing one dwelling unit.

F. “Dwelling, two-family” means a building designed or used exclusively for the occupancy by two families, living independently of each other and having separate kitchen facilities for each family. The term “two-family dwelling” shall include the term “duplex.”

“Dwelling unit” means two or more rooms including a bathroom(s) and a kitchen, designed for occupancy by one family for living and sleeping purposes.

“Dwelling unit, accessory” means an attached or detached residential dwelling unit which provides complete independent living facilities for one 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. An accessory dwelling unit also includes the following:

A. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

B. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Dwelling unit, junior accessory” means a unit that is no more than 500 square feet in size and entirely contained within a single-family residence. A junior accessory dwelling unit includes cooking and food storage areas and may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit also includes the following:

A. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

“Earth material” means any rock, natural soil, or fill and/or any combination thereof.

“Easement” means a grant of one or more property rights by the property owner for use by the public, a corporation, or another person or entity.

“Educational facility – public and private schools” means public or private schools offering instruction in those courses required by the California Education Code and maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, preschool, elementary school, middle school, junior/middle high school, high school, or college/university. It does not include a vocational or professional trade school.

A. “Small educational facility” means a public or private school, as defined above, for 25 or fewer students.

B. “Large educational facility” means a public or private school, as defined above, for 26 or more students.

“Educational facility – vocational/trade schools” means schools that offer instruction and practical introductory experience in commercial and/or trade skills.

“Elevation” means the height or distance above sea level.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, regardless of an ability to pay.

“Encroachment” means, for purposes of interpreting Chapter 18.80 CMC, Tree Preservation, any intrusion or human activity into the protected zone of an oak tree including but not limited to pruning, grading, excavating, trenching, or the construction of structures or other improvements.

“Erosion” means the process by which the soil and rock components of the earth’s crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation.

“Excavation” means the mechanical removal of earth material.

“Existing grade” means the ground level prior to grading.

“Export” means the excess earth material that is removed from a grading project and deposited off-site.

“Family” means one or more individuals occupying a dwelling unit and living as a single household unit.

“Farm equipment” is defined as a tractor, truck tractor, and other equipment defined in California Vehicle Code, Section 36101, Division 6, Chapter 2.

“Fill” means a deposit of earth material placed by artificial means.

“Finish grade” means the final grade of the site which conforms to the approved plan.

“Floodplain” means the land area adjacent to a watercourse which is subject to the overflow of floodwaters.

“Floor area ratio (FAR)” means the numerical value obtained by dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

“Foothill” means a hill at the base of a mountain.

“Freeway building frontage” means a building wall parallel or nearly parallel to an adjacent freeway.

“Freeway lot frontage” means a property line adjacent to a freeway right-of-way.

“Frontage” means the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot.

“Garage” is defined as one of the following:

A. “Garage, private” means an accessory building or an accessory portion of a main building, not including carports, designed or used only for the shelter or storage of operating motor vehicles owned or operated by the occupants of the main building.

B. “Garage, public” means any garage other than a private garage used only for the shelter or storage of operating motor vehicles and/or for the care, repair, equipping, hire, or sale of such vehicles.

“General plan” means the city of Calimesa general plan as adopted by the city council, who may amend the plan from time to time.

“General retail” means a retail business focusing on the sale of typical consumer merchandise not specifically listed under another use classification. General retail does not include general services. See also “General services.”

“General services” means activities where people offer their knowledge and time to improve productivity, performance, potential, and sustainability. The production of services instead of end products. Typical general services include but are not limited to dry cleaners, locksmiths, tailors, shoe repair, etc. General services do not include personal services.

“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In cases where the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk.

“Grade separation” means the separation at different levels of two intersecting roads, by bridge, tunnel, or underpass, so as to permit the roads to cross without obstructing free traffic movement on either.

“Grading” means any excavating or filling or combination thereof.

“Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Does not include adjacent lands already dedicated for such purposes.

“Gross floor area” means the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.

“Guest house” means living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.

“Hair stylist” means a business run from a private residence. See also “Barber or beauty shop.”

“Haul road” means a road along which material is transported from the area of excavation to the processing plant or stockpile area of a surface mining operation.

“Healthy oak tree” means any oak tree that is not dead or in a state of decline (i.e., exhibits a greater degree of disease and/or pest infestation than normal).

“Heritage oak tree” means an oak tree of the genus Quercus other than a protected oak tree or scrub oak that has a trunk measuring 12 inches or more in diameter as measured four and one-half feet from the natural grade (i.e., diameter at breast height (DBH)).

“Hill” means an area of land that is higher than the land around it.

“Hillside” means a parcel of land or a definable portion thereof with an average rise or fall of more than one foot vertically for each 16 feet horizontally (16 percent slope).

“Home occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupation for the purpose of this code.

“Hospital” means any facility licensed by the California Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to patients or injured persons.

“Hotel” means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.

“Hydrology” means the properties of the water, including circulation and distribution, on and below the ground.

“Idle” means to curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (California Public Resources Code Section 2727.1).

“Import fill” means material obtained off-site to balance a grading project.

“Junk” means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some reuse. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

“Junkyard” means any lot or the use of any portion of a lot where scrap, waste, or discarded materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment. Junkyards do not include pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations conducted on the premises.

“Kennel” means any lot, building, structure, or premises upon or in which four or more dogs or cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs or cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

“Kitchen” means any room designed, used, or maintained for cooking or preparation of food.

“Knoll” means a small round hill or mound.

“Land” means the portion of the earth’s surface above the level of the sea or ocean.

“Landscaping” means the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers, or lawn. In addition, the combination or design may include natural features such as rocks, stone, and structural features including but not limited to fountains, reflecting pools, art works, screens, fences, and benches.

“Linkage” means a pedestrian walkway, constructed within landscaped parking areas, which provides safe, unrestricted access to establishments within the development.

“Live-work unit” means a mixed use development that combines residential living space and commercial or office space within one structure and/or unit for a single owner.

“Living area” means the interior habitable area of a dwelling unit including basements and attics. Does not include a garage or accessory structure.

“Loading space” means an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

“Lot” means a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this title, and having frontage upon a public street or a place approved by the commission. The word “lot” shall include the words “parcel” or “plot.”

A. “Lot, corner” means a lot abutting upon two or more streets at their intersection or junction.

B. “Lot, flag” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

C. “Lot, interior” means a lot other than a corner, reversed corner, or key lot.

D. “Lot, key” means a lot with a side line that abuts the rear line of any one or more adjoining lots.

E. “Lot, reversed corner” means a corner lot, the street side of which is substantially a continuation of the front lot line of the first interior lot to its rear.

F. “Lot, through” means a lot having frontage on two parallel or approximately parallel streets.

“Lot area” means the total horizontal area within the lot lines of a lot.

“Lot depth” means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

“Lot line” means any boundary of a lot. The classifications of lot lines are as follows:

A. “Lot line, front” means the line separating the lot from the street in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

B. “Lot line, rear” means the lot line which is opposite and most distant from the front lot line.

C. “Lot line, side” means any lot line which is not a front lot line or a rear lot line.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

“Manmade slope” means a manufactured slope consisting wholly or partly of either cut or fill.

“Manufacture” means to assemble, fabricate, compound, process, treat, or remanufacture.

“Manufactured home” means a home built or manufactured in a factory, including mobile homes, as permitted by California and federal laws.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

“Mechanical play device” or “electronic play device” means any machine, device, or apparatus, whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key, or any other article or device, into any slot, crevice, or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases, or other buttons or levers in the conduct of the game.

“Mineral” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (California Code of Regulations Section 3501). For the purposes of this title, minerals shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, and riprap.

“Mobile home” means the same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Standards Act of 1974.

“Mobile home park” means any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

“Motel” means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.

“Municipal code” means the Calimesa Municipal Code, as amended.

“Native vegetation” means the natural vegetation commonly found in the area.

“Natural area” means an undeveloped site which has not been graded.

“Natural open space” means the landform as created by nature or as subsequently modified by either agricultural activities or to meet fuel modification fire standards. Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated. Existing trees, riparian vegetation, and native plant communities within natural open spaces shall be preserved and protected. Manmade water bodies and trails through natural open spaces may be considered as natural open space.

“Natural slope” means a slope which is not manmade. A natural slope may retain the natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted.

“Net site area” means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

“New automobile” is defined as a vehicle less than three years old.

“Nonconforming lot” means a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards.

“Nonconforming structure” means a building or structure lawfully existing on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.

“Nonconforming use” means a use which lawfully occupied a building or land on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.

“Oak tree” means any oak tree of the genus Quercus, including scrub oak (Quercus dumosa).

“Off-highway vehicle (OHV)” is defined as a motorbike, all-terrain vehicle, and other vehicle defined in California Vehicle Code, Section 38012, Division 16.5, Chapter 2.

“Open space” means land not covered by buildings, roads, or vehicular accessways and including such areas as private yards, landscaped areas, slopes, natural areas, common areas, greenbelts, parks, and areas of recreation as described in California Government Code Section 66560.

“Operator, mining” means any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

“Overburden” means the soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

“Pad” means a generally flat or stepped area created by grading to accommodate development.

“Parcel” means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.

“Park and recreation facility” means a public or private open space or park, which may contain recreation facilities. Park and recreation facilities do not include commercial recreation facilities. See also “Commercial recreation facility.”

“Parking space, automobile” means a space within a building or on a lot for the parking or temporary storage of one automobile with adequate provision for ingress and egress by an automobile of standard size.

“Parking, tandem” means two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

“Patio” means an uncovered area constructed at grade using hardscape materials including but not limited to concrete, brick, pavers, or gravel.

“Peak” means the highest part of a mountain, usually steep sided at the summit.

“Permitted use” means any use allowed in a zone district and subject to the provisions applicable to that district.

“Person” means a firm, association, organization, partnership, trust, company, governmental agency, or corporation, as well as an individual or other legal entity.

Personal Services. Include tanning salons, day spas, massage establishments, tattoo or body piercing parlors, or uses deemed similar to any listed herein.

“Planning director” means the director of the city of Calimesa planning department, or his/her designee.

“Principal use” means the primary or predominant use of any lot, building, or structure.

“Prominent ridge” means a ridge or hill which is visible from arterial streets or major public space, which forms a part of the skyline or is seen as a distant edge against a backdrop of land or is so designated by the general plan or zoning code.

“Protected oak tree” means an oak tree of the genus Quercus, including scrub oak (Quercus dumosa), other than a heritage oak tree or scrub oak, that has a trunk measuring two inches or more in diameter as measured four and one-half feet from the natural grade (i.e., diameter at breast height (DBH)).

“Protected stand of oak trees (oak grove)” means a cluster of four or more oak trees of the genus Quercus, including scrub oaks (Quercus dumosa).

“Protected zone” means a specifically defined area totally encompassing an oak tree or an oak grove within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular-shaped circle that follows the contour of the dripline of the tree or the outermost trees in a grove. Using the dripline as a point of reference, the protected zone shall commence at a point five feet outside of the dripline of an oak tree or oak grove and extend inward to the trunk of the tree or grove. In no case shall the protected zone be less than 15 feet from the trunk of an oak tree.

“Pruning” means any or all work performed upon the roots or the limbs of an oak tree, including but not limited to removal of live tissue, ornamental pruning, aesthetic pruning, thinning out, heading up, or any similar actions that involve removal of live tissue.

“Public right-of-way” means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, and/or other public uses.

“Public utility facility” is defined as, but not limited to, an assembly of materials and equipment including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use.

“Quasi-public use” means a use conducted by a private nonprofit educational, religious, recreational, charitable, or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, private hospitals, youth centers, and similar uses.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

“Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. Includes but is not limited to travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles.

“Recyclable material” means reusable material, including but not limited to metals, glass, plastic, and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Does not include refuse or hazardous materials.

“Recycling facility” means a center for the collection and/or processing of recyclable materials.

A. “Certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer.

B. “Collection facility” means a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in CMC 18.25.050(K)(2)(e). Collection facilities may include the following:

1. Reverse vending machines.

2. A small collection facility which occupies an area of not more than 500 square feet and may include a mobile unit.

3. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

4. Kiosk-type units, which may include permanent structures.

5. Unattended containers placed for the donation of recyclable materials.

6. A large collection facility which may occupy an area of more than 500 square feet and may include permanent structures.

C. “Mobile recycling unit” means an automobile, truck, trailer, or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

D. “Processing facility” means a building or enclosed space used for the collection and processing of recyclable material. “Processing” means the 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. Processing facilities include the following:

1. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility.

E. “Reverse vending machine(s)” means an automated mechanical device which accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass, and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state of California. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A “bulk reverse vending machine” is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

“Removal, tree” means physically removing a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.

“Rest home” means a building or a group of buildings which provides nursing, dietary, and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental institutions.

“Restaurant” is defined as the following:

A. “Restaurant, drive-in, drive-through, and walk-up” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation, from a limited menu, on which orders and food are taken or provided at a counter serving primarily take-out food, or any full-service restaurant with a drive-in or walk-up counter or window.

B. “Restaurant, full service” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads, and at which orders are taken and meals are served at the tables by employees of the restaurant.

Retail, General. See “general retail.”

“Retail shopping center” means a combination of two or more buildings totaling 25,000 square feet or more of gross floor area which are located on one or more parcels with reciprocal parking and access.

“Retail store” means a business selling goods, wares, or merchandise directly to the ultimate consumer.

“Routine maintenance, tree” means actions needed for the continued good health of an oak tree, including but not limited to removal of deadwood, insect control spraying, and watering.

“Salvage yard” means any lot or the use of any portion of any lot where scrap, waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.

School. See “educational facility – public and private schools.”

School, Trade or Vocational. See “educational facility – vocational/trade schools.”

Second Dwelling Unit. See “Dwelling unit, accessory.”

“Secondhand store” means a store that sells items that have been previously sold or used or that have been donated for resale.

“Section” means any portion of this title immediately preceded by figures commencing with the number 18.

“Setback” means the required distance that a building, structure, parking, or other designated item must be located from a lot line.

“Setback area” means the area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

“Setback distance” means the distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

“Single household unit” means the functional equivalent of a traditional family, whose members are an interactive group of persons, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

“Single-loaded street” means a street with lots fronting on one side only.

“Single-room occupancy (SRO)” means multiunit housing for very low-income persons that typically consist of a single room and shared bath and also may include a common kitchen and common activity area.

“Slope” means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

“Slope bank” means a manmade slope steeper than 5:1 (20 percent).

“Storage” means the use of land or structures for the warehousing, storage, or holding of goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale.

“Storage yard” means any open space upon which is stored or placed for any length of time, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment, or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided applicable provisions of the municipal code are met.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and a floor above, more than 50 percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.

“Street” means a public thoroughfare of right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abutting properties.

“Street site” means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

“Subsection” means any division within any numbered section of this title.

“Supportive housing” means housing with no limit on length of stay that is occupied by the target population as defined by Government Code Section 65582 and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations include but are not limited to:

A. In-place distillation, retorting, or leaching.

B. Production and disposal of mining waste.

C. Prospecting and exploratory activities.

“Surface mining operations” also include the creation of borrow pits, streamed skimming, segregation, and stockpiling of mined materials and recovery of same (California Code of Regulations Section 3501).

“Temporary use” means a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

“Toe of slope” means the lowest elevation of a slope which transitions to a flatter area or pad.

“Top of slope” means the highest elevation of a slope.

“Topography” is a general term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

“Transition” means the area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

“Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. The term “transitional housing” shall include the term “transitional housing development.”

“Truck terminal” means any facility, building, or premises used or improved for use for the storage, maintenance, repair, or servicing of trucks, trailers, semi-trailers, or similar transportation equipment or used primarily in connection with the transportation, transfer, or storage of goods, wares, or merchandise, whether or not such use is conducted outside or within an enclosed building, but excluding the storage, maintenance, repair, or servicing of any such transportation equipment or the storage of goods, wares, and merchandise solely as an incident to a conduct of a primary use permitted and lawfully conducted by the owner thereof on such premises.

“Undeveloped parcel” means a property that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property.

“Uniform slope” means a slope of a uniform slope ratio.

“Usable open space” means any usable area designated for and to be used for outdoor living, recreation, or landscaping on the ground or unenclosed balcony, or on an approved roof deck. May include patios and deck areas of swimming pools and rear yards. No portion of required front yards and side yards, off-street parking space, or driveways shall constitute usable open space.

“Use” means the purpose for which land or a building is arranged, designed, or intended or for which either is or may be occupied or maintained.

“Used automobile” is defined as a vehicle between three and 20 years old.

“Variable slope” means a manmade slope (usually a slope bank) which has a variety of slope ratios rather than a single ratio.

“Variance” means a waiver of specific regulations of this title, granted by the city in accordance with the provisions set forth in this title, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

“Vegetation” means growing plants.

“Viewshed” means areas of development which can be viewed from arterial roads, freeways, major collector roads, and public gathering places such as major shopping centers.

“Warehouse” means a facility building, facility or other structure for the storage or holding of any goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale.

“Warehousing/distribution” means a structure, building or other facility, or any portion thereof, primarily used for the warehousing, storage, or holding of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale. “Warehouse, storage or distribution facility” shall include, but is not limited to, the following:

A. Wholesale distribution facility;

B. Distribution center;

C. Distribution facility;

D. Moving and transfer storage;

E. Mini-warehousing, self-storage; and

F. Cross-dock facility, bulk break center, package handling center, order fulfillment center, logistics center or facility, or warehousing or distribution center, building, structure or other facility.

“Wholesale” means an item for sale or resale and not for direct consumption.

“Wrecking yard” means the same as an “automobile dismantling yard.”

“Yard” means an open space on a lot unoccupied and unobstructed from the ground above. Classifications are as follows:

A. “Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulations of the zone district in which the property is located.

B. “Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.

C. “Yard, side” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building.

“Zero lot line” means the location of a structure on a lot in such a manner that one or more of the structure’s sides rests directly on a lot line.

“Zone” means an area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title. Includes district, zone district, and zoning district.

“Zone change” means the legislative act of amending this title by changing the zone district for a parcel or other area of land on the official zoning map.

“Zoning clearance” means a process to ensure that all new and modified uses and structures comply with applicable provisions of this code.

“Zoning map” means the map or maps that are part of the zoning code that delineate the boundaries of zone districts. [Ord. 379 § 5, 2021; Ord. 369 § 5, 2021; Ord. 357 § 5, 2018; Ord. 353 § 7, 2017; Ord. 345 (Exh. A), 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 8, 2016; Ord. 341-U § 9, 2016; Ord. 338 § 2, 2015; Ord. 328 § 3 (Exh. A), 2014; Ord. 288 § 3, 2009; Ord. 285 §§ 2, 3, 2009; Ord. 233, §§ 4 – 6; Ord. 95-7 § 2; Code 1990 § 12.2.02.]