§ 9-80.020. Definitions of Specialized Terms and Phrases


Latest version.
  • As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

    A.

    Definitions, "A."

    Above Grade. Any elevation higher than the natural ground contour.

    Abutting. Having property or district boundaries in common.

    Access. The place or way by which pedestrians or vehicles have safe, adequate, and usable ingress to and egress from a property or use as required by this Development Code.

    Accessory Dwelling Unit. An attached or a 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 Health and Safety Code.

    (B)

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

    Any structure that has all the elements of an Accessory Dwelling (i.e., efficiency kitchen/cooking facilities, sink, and bathroom per California Government Code 65852.2 must be considered to be an ADU.

    Accessory Dwelling Unit, Junior. A dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family dwelling's structure which provides complete independent living facilities for one or more persons. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure, must include one existing bedroom of the existing single-family dwelling, and have an internal connection to the existing single-family dwelling. Any exterior door and stairs to the JADU must face away from public streets whenever possible.

    Accessory Residential Uses and Structures. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

    garages

    gazebos

    greenhouses

    spas and hot tubs

    storage sheds

    studios

    swimming pools

    tennis and other on-site sport courts

    workshops

    Also included are the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see "Telecommunications Facilities").

    Accessory Retail or Services. The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex, or a mobile home park or large-scale residential project for the purpose of serving employees, customers, or residents, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office, and industrial complexes.

    Accessory Structures, Nontraditional, Nonresidential. Any detached structures that are not customarily a part of a residence, but may be incidental to a residential use. These uses include the following detached accessory structures, and other similar structures that may be associated with a residential use of property: rock waterfalls, waterslides, climbing walls, skateboard ramps, playhouses, and batting cages.

    Accessory Use. A use accessory to any permitted use, and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and does not change the character of the main use.

    Activity. The performance of a function or operation.

    Addition. Any construction which increases the size of a building, dwelling, or facility, in terms of site coverage, height, length, width, or gross floor area, occurring after the completion of the original.

    Adjacent Grade. The ground level directly next to the structure being measured.

    Affected Property. A parcel of land or real property to which utility service is provided from poles, overhead wires, or associated overhead structures within a district.

    Affiliate. A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.

    Affordable Housing Costs. The housing cost shall be as identified in Section 50052.5 of the California Health and Safety Code, as amended.

    Affordable Rents. Affordable rents shall be established pursuant to Section 50053 of the California Health and Safety code, as amended.

    Agriculture. The cultivation of food or fiber or the grazing or pasturing of livestock.

    Agricultural Product Processing, Wholesaling, Distribution. The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:

    alfalfa cubing

    corn shelling

    cotton ginning

    custom grist mills

    custom milling of flour, feed and grain

    drying of corn, rice, hay, fruits and vegetables

    grain cleaning and custom grinding

    hay baling and cubing

    pre-cooling and packaging of fresh or farm-dried fruits and vegetables

    sorting, grading and packing of fruits and vegetables

    tree nut hulling and shelling

    Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production, Horticulture, Orchards and Vineyards."

    Agricultural Services. Business establishments primarily engaged in: land breaking, plowing, the application of fertilizer, seed bed preparation, and other services for improving soil for crop planting; and those engaged in crop planting, and protection.

    Aircraft, Motorcycle, Watercraft, and RV Sales. The retail sales of aircraft, motorcycles, watercraft, and recreational vehicles. Includes mobile homes, trailers, boats, personal watercraft, scooters, mopeds, etc.

    Airport. An area used for the landing and take-off of aircraft as well as any appurtenant areas used for airport buildings, aircraft operations, and related facilities, including aprons and taxiways, control towers, hangars, safety lights, and structures. These facilities may also include parachute jump areas and FAA-certified parachute lofts; and facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Public airports may include aircraft sales and dealerships, car rental establishments, gift shops, hotels and motels, personal services, restaurants and bars, tobacco and newsstands, and other similar commercial uses serving the air-traveling public and airport employees.

    Alley. Any public or private thoroughfare not more than 30 feet wide for the use of pedestrians or vehicles which affords only a secondary means of access to abutting property.

    Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or substantial change in the exterior appearance of any building or structure.

    Alternative Transportation. The use of modes of transportation other than the single-occupant vehicle, including buspools, carpools, public transit, vanpools, walking, and bicycling.

    Ambient Noise Level. The composite of all noises from all sources near and far. In this context, the ambient noise level is the normal or existing level of environmental noise at a given location.

    Amplified Music/Dancing. A band, orchestra, radio, or any other electronic sound reproduction device/system used for entertainment purposes and/or in conjunction with any place where dancing is participated in by one or more persons and where dancing is allowed or permitted which is open to the public and to which there may or may not be an admission charge.

    Amusement Device. An electrically, electronically, or mechanically operated instrument, machine, device, or equipment which is activated, operated, or used by means of inserting a coin, token, slug, or other device into a slot or receptacle provided for that purpose and operated by the public for use as a game, entertainment, or amusement. Amusement device shall include, but not be limited to, a device such as a pinball machine, an air hockey game, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of such games or activities.

    Animal. A nonhuman, animate being that is endowed with the power of voluntary motion.

    1.

    Domestic Animal. An animal customarily kept as a household pet, or as farm livestock, or otherwise ordinarily under human supervision, not including wild or exotic animals.

    2.

    Farm Animal. Domestic livestock, including cattle, goats, horses, sheep, swine, fowl, poultry, and other animals as determined by the Director. Does not include: birds, cats, dogs, and other household pets or exotic animals.

    3.

    Exotic Animal. Any animal which is rare or endangered; or which, if kept, might pose an extraordinary danger to themselves, to human beings, or to property.

    4.

    Wild by Nature Animal. Any animal not ordinarily or customarily domesticated.

    Animal Breeding. The action or process of bearing, generating, or propagating animals, whether for personal, business, or other purposes, and whether on a temporary or long-term basis.

    Animal Keeping. The maintenance, feeding, or care of any animal, whether for personal, business, or other purposes, and whether on a temporary or long-term basis.

    Antenna. Any transmitting and/or receiving device used in telecommunications that radiates or captures radio signals.

    1.

    Building-Mounted Antennas. Any antennas that are placed on the sides or within the exterior walls of buildings in order for an antenna to transmit and/or receive radio signals.

    2.

    Dish Antennas. Also known as microwave dishes, any antennas that emit or receive microwaves that provide the link between the central computer switching system and the appropriate transmitting or receiving antennas. Dish antennas generally measure four to six feet in diameter and one and one-half to three feet in depth.

    3.

    Panel Antennas. Any antennas that have vertical and horizontal planes that aim signals in or receive signals from specific directions. Panel antennas generally measure four to five feet in height, six to 12 inches in width, and six to eight inches in depth.

    4.

    Roof-Mounted Antennas. Any antennas that are placed on roofs of buildings in order for an antenna to transmit and/or receive radio signals.

    5.

    Whip Antennas. Also known as stick, omnidirectional, pipe antennas, or any antennas that emit or receive signals in a 360 degree horizontal plane and a compressed vertical plane. Shaped cylindrically, whip antennas have diameters between two and six inches and measure between one and 18 feet in height.

    Antenna Support Structure. Any facility used to support antennas in order for an antenna to transmit and/or receive radio signals.

    1.

    Lattice towers. Any antenna support structure which accommodates a variety and number of antennas and generally have three or four steel support legs and are used in areas where great height is needed.

    2.

    Monopoles. Any antenna support structure which ranges in height from 25 to 125 feet and consists of a single pole, approximately three feet in diameter at the base, narrowing to roughly one and one-half feet at the top, and may support any combination of whip, panel, or dish antennas.

    3.

    Building Attached Facilities. Any facility used to support antennas in order for an antenna to transmit and/or receive radio signals. Building attached facilities come in two general forms:

    A.

    Roof-mounted, in which antennas are placed on roofs of buildings; and

    B.

    Building-mounted, in which antennas are mounted to the sides or within the exterior walls of buildings.

    Apartment. A rental dwelling containing two or more units.

    Appeal Body. The Planning Commission when acting upon quasi-judicial matters on appeal from the Environmental Services Director; or, the City Council when acting upon quasi-judicial matter appealed from the Planning Commission.

    Applicant. All applicants, developers, permittees, and all owners of the real property which is the subject of the proposed development, and all successors and assigns thereto.

    Approving Body. The City official or body responsible for making decisions on an entitlement application.

    Artificial Turf. A synthetically derived, natural grass substitute that may be used in lieu of natural turf in the front yard of a single-family residence and in the landscape areas of multi-family and non-residential properties. To be used, artificial turf must meet minimum standards for materials, installation, and maintenance. Artificial turf standards include:

    1.

    Materials. Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer; be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable backing; and have a minimum blade length (pile height) of 1.25 inches, or as determined by the Deputy Director/City Planner as manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited. Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed into the fibers of the artificial turf.

    2.

    Installation. Artificial turf must be installed per all manufacturer's requirements and must include removal of all existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic porous material over compacted and porous crushed rock or other comparable material below the turf surface to provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff. Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf. Artificial turf must be permanently anchored with nails and glue, and all seams must be nailed, or sewn, and glued, with the grain pointing in a single direction.

    3.

    Maintenance. Artificial turf must be maintained in a green, fadeless condition; free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited.

    Associated with a Proposal for Urban Development. Any land area for which an application for an entitlement, other than for a Zoning Clearance, has been filed and is pending consideration by the City or has been approved, but the related project, or applicable phase, has not been completed.

    Auto and Vehicle Sales and Rental. Retail establishments selling, leasing, or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle sales (see "General Retail"); mobile home sales (see "Aircraft, Motorcycle, Watercraft, and RV Sales"); tire recapping establishments (see "Vehicle Services"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Gas Stations," which are separately defined.

    Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."

    Auto Sales, Used. A retail establishment that sells used autos exclusively, not in conjunction with new car sales on the same site.

    Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

    Automotive Repair. See Vehicle Services.

    Awning. Any roof-like structure that is attached to another structure, or any extension of a roof line, which can usually be folded, retracted, collapsed, or constructed for the purpose of protection from the elements.

    B.

    Definitions, "B."

    Balcony. A platform more than 30 inches above grade, with a railing.

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

    Banks and Financial Services. Financial institutions including:

    banks and trust companies

    credit agencies

    holding (but not primarily operating) companies

    lending and thrift institutions and other lending institutions

    security/commodity contract brokers and dealers

    security and commodity exchanges

    vehicle finance (equity) leasing agencies

    See also, "Automated Teller Machine," above.

    Banner, Flag, Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized nonprofit organizations

    Bar. See "Drinking Places."

    Basement. Any floor level of a building below the first story which is below the grade.

    Beauty Salons. An establishment that provides hairdressing services, which may also provide facial treatment, massage, permanent make-up (tattooing), piercing, and other related uses, as incidental to the hairdressing services.

    Bed and Breakfast Inn (B&B). A residential structure with one household in permanent residence, with one or more bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. Does not include room rental, which is separately defined (see "Boarding Houses").

    Berm. A mound or embankment of earth.

    Bin. A discards container that may have a fire-resistant lid, the top of which shall not exceed 72 inches in height from the ground surface, and have a capacity of at least one and one-half cubic yards but not more than four cubic yards.

    Block. A portion of a residential area where individual lots share at least one common property line, and share one common street frontage for primary access.

    Boarding House. A lodging house that provides meals for compensation.

    Boarding School. A school where lodging and meals are furnished for pupils.

    Bookstore, Magazine Store, Newsstand. A retail store specializing in new or used books and/or magazines; does not include adult businesses.

    Breezeway. A roofed passageway, open at two opposite ends, which connects two otherwise separate buildings.

    Broadcasting Studio. A facility for the production and broadcast of radio and/or television programs.

    Buildable Area (Developable Area). The area of the site in which structures may be located, not including required yard areas.

    Building. Any structure intended for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind.

    Building Height. The vertical distance from the average level between the highest and lowest point of that portion of the lot or building site covered by the building to the topmost point of the structure, excluding chimneys or vents.

    Building Material and Hardware Stores. Retail establishments selling hardware, lumber, and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, and fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehouses, Wholesaling and Distribution."

    Building Site. The area within a lot of record (or contiguous lots under single ownership) actually proposed for development with buildings or structures, including areas immediately adjacent to the buildings or structures to an extent equivalent to any required setback area.

    Bus Service Base Facility. A site from which busses are dispatched, where they are stored and/or maintained when not in use. Includes facilities for inter-city and local busses, and school busses. Does not include transit stops.

    Business. A use or activity involving the sale or rental of goods, or the sale or furnishing of services of any kind, or any commercial enterprise.

    Business Center. A group of contiguous businesses which utilizes common off-street parking and access.

    Business Support Services. Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc. Also includes:

    blueprinting

    computer-related services (rental, repair)

    copying and quick printing services

    equipment rental businesses within buildings (rental yards are under "Outdoor Retail Sales and activities")

    film processing and photofinishing

    outdoor advertising services

    protective services (other than office related)

    security systems services

    soils, materials testing, and forensic laboratory

    Buspool. A vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

    C.

    Definitions, "C."

    Cannabis Cultivation, Processing, Distribution, Delivery, or Dispensaries. Land uses, operations, or activities primarily engaged in the cannabis or medicinal cannabis in the City of Simi Valley as follows:

    1.

    Nonmedicinal or Medicinal Cannabis. Cannabis includes any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including the separated resin, whether crude or purified obtained from cannabis. The term "cannabis" herein shall include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act). For the purpose of this subsection, marijuana and cannabis shall have the same meaning.

    2.

    Commercial Nonmedicinal or Medicinal Cannabis Uses, Operations, and Activities. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or medicinal cannabis and their products, including Industrial Hemp retailers, microbusinesses, and any other uses, operations, and activities, whether for profit, wholesale, or not-for-profit, or any other type of business or enterprise (including microbusinesses) and all such uses, businesses or enterprises that the City may prohibit according to State law, and all of which are hereby prohibited in the City.

    3.

    Commercial Nonmedicinal or Medicinal Cannabis Dispensaries. See Chapter 5-41.

    4.

    Nonmedicinal or Medicinal Cannabis Deliveries. Any delivery of any cannabis or medicinal cannabis or their products from any delivery services, for and not-for-profit, are prohibited. No person shall conduct or perform any delivery of any cannabis or medicinal cannabis or their products, which delivery originates or terminates within the City, except transportation to and from a qualified patient's residence by a qualified patient or their primary caregiver only for the qualified patients' medicinal use pursuant to California Business and Professions Code Section 26033.

    5.

    Industrial Hemp. Has same meaning as "Industrial Hemp" in California Health and Safety Code Section 11018.5 and Food and Agriculture Section 81000 as of the effective date of this ordinance. It includes a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin produced therefrom.

    6.

    Nonmedicinal or Medicinal Cannabis Collective or Cooperative. Any profit or nonprofit group that is collectively or cooperatively cultivating and distributing marijuana for medicinal purposes is a prohibited land use in the City of Simi Valley. This collective or cooperative is also any profit or nonprofit group, including groups that are organized in the manner in accordance with State law and as set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

    Caretaker Dwelling. A temporary or permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where needed for security purposes or to provide 24 hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

    Cargo Container. A box-shaped container that is no less than 35 square feet in floor area, constructed of metal, enclosed on all sides including top and bottom, including those units originally designed and built to store cargo for shipping by boat, train, or truck.

    Carpet/Upholstery Cleaning Plants. A facility that provides carpet and upholstery cleaning services.

    Carpool. A vehicle carrying two to six persons commuting together to and from work on a regular basis.

    Carport. A permanently roofed structure, open on one or more sides, used or intended to be used for parking vehicles.

    Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemetery, cemetery, mausoleum, crematorium and columbarium operations, and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

    Certificate of Occupancy. A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building, or development conforms with all the applicable Municipal Codes and ordinances and conditions of approval.

    Channel. The area occupied by the normal flow of an intermittent or perennial stream during nonflood conditions.

    Charitable Organization. Any benevolent, philanthropic, patriotic, not-for-profit, or eleemosynary group, association or corporation, or such organization purporting to be such, which solicits and collects funds for charitable purposes.

    Chemical Product Manufacture, Wholesaling and Distribution. Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or chemicals to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade. Does not include the manufacture of drug products, which are separately defined.

    Child/Adult Day Care. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

    1.

    Child Day Care Center. Commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

    2.

    Large Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for up to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

    3.

    Small Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

    4.

    Adult Day Care Facility. A day care facility providing care and supervision for adult clients.

    Church. See Religious Facilities.

    City. The City of Simi Valley.

    City Property. All real property owned by the City of Simi Valley or any entity for which the City Council constitutes its governing board (hereinafter, the "City"), other than public streets and those utility easements which are subject to franchising.

    Clothing and Fabric Products. Manufacturing establishments assembling clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "Personal Services"). See also, "Textile and Leather Product Manufacturing."

    Clubs, Lodges, Membership Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

    business associations

    civic, social and fraternal organizations

    labor unions and similar organizations

    political organizations

    professional membership organizations

    other membership organizations

    Cluster Development. A form of residential development involving more than one dwelling unit which development permits a reduction in the area and yard requirements, provided, there is no increase in the number of units permitted under conventional standards.

    Collection Box. A canister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property that may have a fire-resistant lid, the top of which shall not exceed 72 inches in height from the ground surface, and have a capacity of at least one and one-half cubic yards but not more than four cubic yards.

    Collection Facility for Recyclable Materials. A collection facility placed on a site and designed to collect recyclable material in compliance with the California Beverage Container and Litter Reduction Act.

    1.

    Collection Facility for Recyclable Materials (Small). A collection facility that uses drop box bins, reverse vending machines, single drop-off igloos, and trailers or any combination of the above for the purpose of collecting recyclable materials. A small collection facility occupies 500 square feet or less and is located on a site with a valid development permit.

    2.

    Collection Facility for Recyclable Materials (Large). A collection facility that is not restricted to drop box bins, reverse vending machines, single drop-off igloos and trailers, but uses heavier equipment such as bailers and other power-driven machinery to prepare recyclable material for shipment. Each facility is located on its own, independent site rather than being located on a site that already possesses a valid development permit. A large collection facility occupies over 500 square feet.

    Commercial Fundraiser. Any individual, corporation, unincorporated association, or other legal entity, as defined Section 12599 of the Government Code as amended, who engage in the collection and/or solicitation of Salvageable Personal Property.

    Commercial Vehicle. A vehicle of a type required to be registered under the Vehicle Code of the State, used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property.

    Commission. The Planning Commission of the City of Simi Valley.

    Community Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

    Conditional Use Permit. A zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which generally have a distinct impact on the area in which they are located or are capable of creating special problems for bordering properties unless given special attention. A Conditional Use Permit is granted at the discretion of the Commission, Council, or Director, whomever has jurisdiction, and is not the automatic right of any applicant.

    Condominium. An interest in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, commercial, or industrial structure on the real property (e.g., apartment, office, or store.) A condominium may include, in addition, a separate interest in other portions of the real property.

    Concrete, Gypsum, and Plaster Product Manufacturing. Manufacturing establishments producing bulk concrete, concrete building block, brick, and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material and Hardware Stores."

    Congregate Care Services. Refer to "Residential Care. "

    Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action of rights-of-way, structures, utilities, or similar property.

    Construction/Heavy Equipment Sales and Rental. Retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc.

    Container. A metallic or plastic can, bag, or receptacle for the collection of discards of sufficient strength to prevent it from being broken under ordinary conditions. It shall have a maximum capacity of 45 gallons and shall not exceed 75 pounds when filled, except plastic bags shall not exceed 25 pounds when filled. It shall be equipped with a fly-tight cover or seal, and side handles if other than a plastic bag, and shall be in good condition such that its contents can be fully enclosed and such that it shall stand upright and have no sharp, jagged, or otherwise dangerous corners or edges.

    Contractor Storage Yards. Storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

    Council. The City Council of the City of Simi Valley.

    Covered Parking. A permanent carport or garage which provides full overhead protection from the elements with ordinary roof coverings. Canvas, plastic, lath, and vegetation are not ordinary roof coverings and do not qualify a space, when used, as providing a covered parking space.

    Crop Production, Horticulture, Orchards and Vineyards. Commercial agricultural field and orchard uses including production of:

    field crops

    flowers and seeds

    fruits

    grains

    melons

    ornamental crops

    tree nuts

    trees and sod

    vegetables

    wine and table grapes

    Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.

    D.

    Definitions, "D."

    Decision, Administrative. A decision made by the Environmental Services Director or his designee.

    Decision, Discretionary. A decision which requires the exercise of judgment, deliberation, or decision on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

    Decision, Ministerial. A decision which is approved by a decision-making authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority. In such cases, the authority shall act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the decision-making authority.

    Deck. A flat, open platform 30 inches or less in height above the grade.

    Dedication. The donation generally of land to the public for a specific use or uses.

    Density. The average number of residential dwelling units per acre of land.

    Density, Gross. The number derived from dividing the total number of dwelling units by the gross site area in acres.

    Density, Net. The number derived from dividing the total number of dwelling units by the net site area in acres.

    Density Bonus Units. Those residential units granted pursuant to the provisions of Chapter 9-31, which exceed the otherwise maximum residential density for the development site.

    Developed Properties. For purposes of Chapter 9-38 (Tree Preservation and Removal), Developed Properties are defined as parcels which contain urban land uses. Developed properties do not include the yards of single-family residences.

    Development Code. The City of Simi Valley Development Code.

    Development/Development Project. Any activity or alteration of the landscape, its terrain, contour, or vegetation, including the erection or alteration of buildings or structures.

    1.

    For purposes of Section 9-39.030 (Trip Reduction and Travel Demand Measures), the definition of Development or Development Project is the construction or addition of new building square footage. Additions to structures which existed before the adoption of this Chapter and which exceed the thresholds identified in Section 9-39.030 (Trip Reduction and Travel Demand Measures), below shall comply with the applicable requirements in this Chapter, but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

    2.

    For purposes of Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities), the definition of Development Project is any of the following:

    a.

    A project for which a Building Permit is required for a commercial, industrial or institutional building, or residential building having five or more dwelling units, where discards or recyclable materials are generated and any residential project where discards or recyclable commodities are collected in bins rather than providing for individual curbside pickup for discards collection.

    b.

    Any new public facility where discards or recyclable materials are generated and any improvement or areas of a public facility used for collecting and loading discards or recyclable commodities.

    c.

    The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts there is an area where, as of October 27, 1994, discards or recyclable materials are being collected in bins serving a development of five or more dwelling units. In these instances, the recycling areas as specified in Chapter 9-35 are only required to serve the needs of the dwelling units already utilizing discard or recyclable commodities collection in bins.

    Development Agreement. An agreement that contains the provisions and fulfills the requirements identified in State law (Government Code Section 65864 et seq.).

    Director. The Director of the City of Simi Valley Environmental Services Department.

    Disabled Person. A person with a physical or mental impairment which substantially limits one or more of such person's major life activities.

    Discards. Solid wastes, compostables, recyclables (including but not limited to source separated recyclables), which have been abandoned or discarded and placed for collection by the owner of such material or their agent for collection by the City's franchised collector.

    District. A geographic area within the City within which certain zoning or development regulations apply.

    For purposes of Chapter 9-38 (Tree Preservation and Removal), District, or Underground Utility District is defined as an area within the City in which poles, overhead wires and associated overhead structures are prohibited, and with such area established by resolution adopted pursuant to the provisions of Simi Valley Municipal Code Title 7, Chapter 4, Section 7-4.01 et seq.

    Drainage Facilities. Constructed improvements for the storage or conveyance of storm runoff, including drainage channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.

    Drinking Places. Businesses where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. Includes those establishments required to obtain a State Alcohol Beverage Control License, Type 40 On-sale beer, Type 42 On-sale beer and wine public premises, Type 48 On-sale general public premises, or Type 61 On-sale public premises, which allow the on-site consumption of alcoholic beverages.

    Drive-In Theater. A movie theater where the projection screen is located outdoors and patrons watch the movies shown while sitting in their automobiles.

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

    Drug Store. A retail establishment specializing in pharmacy sales, and the sale of non-prescription medications and related products.

    Dwelling or Dwelling Unit. Any building, or portion thereof, which contains living facilities, including provision for sleeping, eating, cooking, and sanitation for one family, but not including hotels, motels, boarding or lodging houses, community care facilities/health care facilities/personal care facilities, or residential care facilities for the elderly.

    Dwelling, Duplex. A building designed or used exclusively for occupancy by two households and containing two discrete dwelling units.

    Dwelling, Multi-Family. A building or a portion of a building used and/or designed as residences for three or more households living independently of each other. Includes: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (two or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing.

    Dwelling, Single-Family. A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations.

    E.

    Definitions, "E."

    Easement. A right of one or more persons to use another's land for a limited purpose.

    Efficiency Kitchen. Cooking facilities as defined in California Government Code Section 65852.22(6).

    Electronics, Equipment, and Appliance Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

    appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines

    aviation instruments

    computers, computer components, and peripherals

    electrical transmission and distribution equipment

    electronic components and accessories

    semiconductors, integrated circuits, related devices

    electronic instruments, components and equipment such as calculators and computers

    electrical welding apparatus

    lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting

    industrial apparatus

    industrial controls

    instruments for measurement, testing, analysis and control, associated sensors and accessories

    miscellaneous electrical machinery, equipment supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines

    motors and generators

    optical instruments and lenses

    photographic equipment and supplies

    pre-recorded magnetic tape

    radio and television receiving equipment such as television and radio sets, phonograph records

    surgical, medical and dental instruments, equipment, supplies

    surveying and drafting instruments

    telephone and telegraph apparatus

    transformers, switch gear, and switchboards

    watches and clocks

    Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

    Eligible Organizations. Those organizations identified in the Welfare and Institutions Code Section 148.3 and the Revenue and Taxation Code Sections 23701(d) and (f), as amended, who engage in the collection, solicitation, and/or sale of Salvageable Personal Property.

    Emergency Shelter. Limited, short-term housing provided by a non-profit organization, such as a church, public agency, or quasi-public agency, for homeless individuals and/or groups with occupancy limited to six months or less. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services.

    Enclosure. A structure that is enclosed on four sides with decorative masonry walls at least six feet in height with opaque gates to screen all discard or recyclable commodity bins or receptacles from view.

    Entertainment. Various spectator and participant activities including amplified music and dancing, and live entertainers (e.g., singers, dancers, comedians, musicians, etc.).

    Entitlement. The authority acquired by an applicant after receiving the approval of an application from the Commission, Council, Director, or other official body of the City.

    Equestrian Facilities. This land use consists of commercial horse, donkey, and mule facilities. Examples of these facilities include:

    horse ranches

    boarding stables

    riding schools and academies

    horse exhibition facilities

    This land use also includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

    Exploration. The search for minerals by geological, geophysical, geotechnical, or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground work used to determine the type, extent, or quantity of minerals present (includes prospecting).

    Extended Hour Business. Any business that is open to the public between the hours of 11 p.m. and 5 a.m.

    Extensive Promotional Commercial Activities. An extensive promotional commercial activity is any offering for sale or display for sale of merchandise or a display to attract attention, which is not a limited sidewalk sale or display.

    Extraction. The removal from the earth of oil, water, gas, gravel, or geothermal resources by drilling, pumping, or other means, whether for exploration or production purposes.

    F.

    Definitions, "F."

    Federal Communications Commission (FCC). The federal administrative agency, or lawful successor, authorized to regulate and oversee the wireless telecommunications carriers, services, and providers on a national level.

    Fence. A hedge, structure, or partition, erected for the purpose of enclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two contiguous estates. A fence is also a roofless enclosure about a field or other space, or about any object; especially an enclosing structure of wood, iron or other materials, intended primarily to prevent intrusion from without or straying from within. However, fence shall not include a windbreak for the protection of orchards or crops.

    Fence, See-Through. A fence, which when viewed from any point between and including 45 and 90 degrees to the fence in a horizontal plane, allows at least 50 percent visibility through all portions of the fence taller than 42 inches above the applicable height measurement base.

    Fire Department. County of Ventura Fire Prevention District.

    Fire Station. A County facility for the storage, maintenance, and dispatch of fire engines, including residential facilities for firefighters.

    Flood, 100-Year. A flood inundation event, the extent of which has a statistical probability of occurring once every 100 years.

    Flood Damage Prevention Ordinance. City of Simi Valley Ordinance No. 760, as it may be amended from time-to-time.

    Flood Plain. Land which has been or may be hereafter covered by flood water, including but not limited to, the 100-year flood.

    Floor Area. The area included within the surrounding exterior walls of a building, or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

    Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:

    bottling plants

    breweries

    candy, sugar and confectionery products manufacturing

    catering services separate from stores or restaurants

    coffee roasting

    dairy products manufacturing

    fats and oil product manufacturing

    fruit and vegetable canning, preserving, related processing

    grain mill products and by-products

    meat, poultry, and seafood canning, curing, by-product processing

    soft drink production

    miscellaneous food item preparation from raw products

    Does not include: bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or restaurant (see "Night Clubs and Bars").

    Food Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

    Frontage. The side of a lot abutting on a street.

    Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, as a principal use.

    Full-Service Vehicle Washing. A staffed (as opposed to completely automated) motor vehicle washing facility that provides complete car washing, vacuuming, drying, waxing, and detailing services.

    Full-Time Employee. An employee who travels to the subject work site to engage in work or work-related activities for an average of 32 or more hours per week.

    Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."

    Furniture, Furnishings and Appliance Stores. Stores engaged primarily in selling the following products and related services, including incidental repair services:

    computers and computer equipment

    draperies

    floor coverings

    furniture

    glass and chinaware

    home appliances

    home furnishings

    home sound systems

    interior decorating materials and services

    large musical instruments

    lawn furniture

    movable spas and hot tubs

    office furniture

    other household electrical and gas appliances

    outdoor furniture

    refrigerators

    stoves

    televisions

    G.

    Definitions, "G."

    Garage Sale. The sale from the residence or residential lot of a vendor of his personal property which has been used in his home and which personal property was not purchased, acquired, or solicited by the vendor for the purpose of resale. A yard or patio sale shall be included within the definition of garage sale.

    Gas Station. A retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

    General Plan. The comprehensive, long-term General Plan for the physical development of the City, as required by Section 65300 of the Government Code, and as adopted by the Council, in its present form or as hereafter amended.

    General Retail. Stores and shops selling many lines of merchandise. These stores and lines of merchandise include:

    art galleries

    artists' supplies

    auction rooms

    bicycles

    cameras and photographic supplies

    clothing and accessories

    computers, televisions, sound systems, other electronics

    collectibles (cards, coins, comics, stamps, etc.)

    department stores

    drug and discount stores

    dry goods

    fabrics and sewing supplies

    florists and houseplant stores (indoor sales only—outdoor sales are "Plant Nurseries")

    general stores

    hobby materials

    jewelry

    luggage and leather goods

    musical instruments, parts and accessories

    optical products

    orthopedic supplies

    religious goods

    small wares

    specialty shops

    sporting goods and equipment

    stationery

    toys and games

    variety stores

    video rental stores

    Geologically Hazardous Area. An area that may be affected by one or more of the geologic hazards identified in the Seismic Safety Element of the General Plan.

    Gift and Souvenir Shop. A retail establishment specializing in the sale of gifts and souvenirs.

    Glass Manufacturing. Establishments primarily engaged in manufacturing glass products from purchased glass. These establishments are primarily engaged in manufacturing optical lenses, laboratory glassware, leaded glass, laminated glass, novelties, furniture tops, manufacturing of building glass, skylight glass, and sheet glass.

    Golf Courses and Driving Ranges. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

    Government Buildings. Buildings occupied by a Federal, State, or local government agency to provide services to the public and/or office space for other governmental functions.

    Government Code. The Government Code of the State of California.

    Grade. The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the aboveground level should be measured at the sidewalk (also refers to finished grade).

    Graphics. All lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.

    Group Assembly Activity. A group assembly activity is an event, exhibition, or meeting of two or more people, not within the usual scope of business or operation at the site, open to the public whether money or other legal consideration is exchanged or received in the course of the event by exhibitors, organizers, participants, or other members of the public. Any group assembly activity otherwise allowed by the City or operated by a governmental entity shall not require a Temporary Use Permit.

    Group Home. A dwelling licensed or supervised by any Federal, State, or local health/welfare agency which provides 24-hour non-medical care of unrelated persons who are not handicapped but are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Includes: children's homes; rehabilitation centers; and self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services - Extended Care."

    Guest House. Living/sleeping quarters, having no kitchen facilities, attached to the primary structure or located within an accessory building 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.

    Gun Clubs and Shooting Ranges. Commercial facilities providing areas where rifles and pistols may be safely fired for target practice, skeet shooting, and similar activities.

    Guy Pole. A pole whose sole purpose is to support a utility pole by guy wires.

    Gymnastics Instruction and Training Facilities. Facilities offering instruction and training in gymnastics in group or individual settings for children and/or adults with no other non-gymnastics fitness facilities or equipment. Gymnastics Instruction and Training Facilities may also host gymnastics competitions.

    H.

    Definitions, "H."

    Handcraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also includes manufacturing establishments not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; and other miscellaneous manufacturing industries.

    Handicapped Person. A person who has a physical or mental impairment which (1) is expected to be of long-continued and indefinite duration, and (2) substantially impedes the person's ability to live independently, and (3) is of a nature that the ability could be improved by more suitable housing conditions and for which a person is receiving governmental benefits under the Section 8 program, Social Security or Supplemental Security Income, or as amended by Federal law under Sections 223 of the Social Security Act, 102(b)(5) of the Developmental Disabilities Services Amendments of 1970, or CFR 812.2(d).

    Hardscape. A type of landscaping which is solid material, generally on a horizontal plane other than a building, ground, or vegetative material on the property intended to create visual interest in, enhancement of, or intended to add to the enjoyment or use of the property.

    Hazardous Material. A substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:

    1.

    Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

    2.

    Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

    Healing Arts. The following health practitioners are defined as Healing Arts practitioners: physicians, doctors of podiatric medicine, clinical psychologists, marriage and family therapists, clinical social workers, dentists, massage therapists, chiropractors, and acupuncturists.

    Health Department. The County of Ventura Environmental Health Department.

    Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges; and other indoor sports activities. Does not include adult entertainment businesses.

    Hedge. A fence or boundary formed by a row of shrubs or low trees.

    Heliport. An area of land or water or a structure surface which is used, or intended for use, for the landing and take-off of helicopters and any appurtenant area which is used, or intended to be used, for heliport building and other heliport facilities.

    Helistop. The same as heliport, except that there shall be no facilities for the refueling, maintenance, repair, or storage of helicopters.

    High Fire Hazard. Areas in the City within 500 feet of uncultivated brush, grass, or forest-covered land where authorized representatives of the County Fire Protection District deem a potential fire hazard to exist due to the presence of such flammable material.

    Holiday Seasonal Sales. A holiday seasonal sale or display is either a limited sidewalk sale or display or an extensive promotional commercial activity occurring during a traditional holiday season, whether religious or secular.

    Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

    Hospital. See "Medical Services - Hospitals."

    Hotels and Motels. See "Lodging - Hotels and Motels."

    Household. One or more individuals living together in a dwelling unit, with common access to all living and kitchen areas and facilities within the dwelling unit.

    1.

    Lower Income Households. As defined in Health and Safety Code Section 50079.5, as those families whose gross annual income does not exceed the Lower Income Limit, adjusted for household size, as published by the U.S. Department of Housing and Urban Development or the California Department of Housing and Community Development, or any successor agency.

    2.

    Moderate Income Households. As defined in Health and Safety Code Section 50093.

    3.

    Senior Household. Defined by California Civil Code Section 51.3.

    4.

    Very Low-Income Households. Defined in Health and Safety Code Section 50105, as those persons or families whose gross annual income does not exceed 50 percent of the Area Median Income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development or the California Department of Housing and Community Development, or any successor agency.

    Household Pets. Typically cats, dogs, pot-bellied pigs, and other domesticated animals, determined by the Director to be comparable based on factors including size, sanitation requirements, odor, noise, etc.

    Housing Development. A development project for five or more residential units as defined in Government Code Section 65915(i). A Housing Development also includes a subdivision or common interest development (as defined in Section 1351 of the Civil Code), approved by the City, and consisting of residential units or unimproved residential lots and a project to either substantially rehabilitate and convert an existing commercial building to residential use or substantially rehabilitate an existing multi-family dwelling, as defined in Government Code Section 65863.4.d, where the result of the rehabilitation would be a net increase in available residential units.

    Housing Unit. See Dwelling.

    I.

    Definitions, "I."

    Improvement. Any human-made item that becomes part of, or is affixed to, property.

    For purposes of Chapter 9-35 (Recyclable Material and Discard Collection Containers), improvement is any construction that adds to the value of the facility, prolongs its useful life, adapts it to new uses, or requires issuance of a Building Permit. Improvements shall be distinguished from repairs, (see Repairs).

    Incentive or Concession. A reduction in development standards or a modification of Development Code requirements as specified in Section 9-31.020(B).

    Indoor Entertainment and Recreation Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge. Examples of these uses include:

    bowling alleys

    coin-operated amusement arcades (6 or more amusement devices)

    dance halls, clubs, and ballrooms

    electronic game arcades

    ice skating and roller skating

    internet cafes

    pool and billiard rooms as primary uses

    batting cages

    This use does not include sexually oriented businesses, or theaters and auditoriums, which are separately defined. Six or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, five or less machines are not considered a land use separate from the primary use of the site.

    Indoor Entertainment and Recreation Facilities—Children. Establishments providing indoor entertainment, amusement or recreational services primarily for children.

    Infill Project. For the purposes of Chapter 9-36 (Residential Building Permit Allocation System), an infill project is a project located on the Valley Floor, as defined in Section 9-32.150(C)(2), for which a planned development permit is required.

    Interference. Any emission, radiation, or induction that degrades, obstructs, or repeatedly interrupts a radio, television, or other transmitting or receiving communications service or device.

    Intersection. Where two or more roads connect at grade.

    J.

    Definitions, "J."

    Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, process, salvage, storage, baling, disposal, or other use or disposition.

    K.

    Definitions, "K."

    Kennel. A facility designed for boarding services for domestic animals.

    Kitchen. A room or section of a room designed, intended or used for cooking or preparation of food for consumption which includes a stove, range, or device for heating of food.

    L.

    Definitions, "L."

    Landscape. The addition of lawns, trees, plants, or other natural and decorative features to land or as otherwise allowed under Section 9-33.030.

    Land Use. The way in which property is or will be utilized or occupied.

    Laundries, Dry Cleaning Plants, Linen Supply. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick up stores without dry cleaning equipment; see "Personal Services."

    Law Enforcement Facility. A police station (dispatch facility with supporting office facilities) or jail.

    Leather, Fur Products. See "Textile and Leather Products Manufacturing."

    Leather Tanning and Finishing. A facility that processes raw animal hides into finished leather.

    Legal Parcel. A parcel which met all local subdivision ordinance and Subdivision Map Act requirements when it was created and which can be lawfully conveyed in fee as a discrete unit separate from any contiguous parcel. "Legal parcel" shall also mean a parcel for which a Certificate of Compliance has been issued or a Conditional Certificate of Compliance has been issued and all conditions have been satisfied in compliance with this Article and the Map Act.

    Library. A facility where books are available for lending.

    Light Source. A device which produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen and other vapor lights, and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.

    Limited Sidewalk Sales or Displays. A limited sidewalk sale or display is an offering for sale or display of merchandise for sale, or a display to attract attention, within the area in front of the business.

    Liquor Store. A retail establishment specializing in the sale a full range of alcoholic beverages for off-premise consumption.

    Live/Work Unit. An integrated housing unit and working space (not including "home occupations"), occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

    1.

    Complete kitchen space and sanitary facilities in compliance with the City Building Code; and

    2.

    Working space reserved for and regularly used by one or more occupants of the unit.

    Living Area. The interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure.

    Loading Space. An area used exclusively for the loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. Also known as Loading Zone.

    Lodging - Camping or RV Park. A commercial facility providing space for rental for the purposes of overnight camping and/or the overnight parking and occupancy of recreational vehicles.

    Lodging - Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

    Lodging - Organizational House. A residential lodging house operated by a membership organization for its members and not open to the general public. Examples include fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

    Lodging House. A residence or dwelling, other than a hotel, motel, bed and breakfast, or organizational house, wherein rooms are rented to three or more individuals under separate oral or written rental agreements or leases, whether or not an owner, agent, or property manager is in residence.

    Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law to be used, developed, or built upon as a unit.

    1.

    Corner Lot. A lot abutting upon two or more streets at their intersection, or upon a curvature of a single street, where such street or curvature forms an interior angle of 135 degrees or less.

    2.

    Flag Lot. A lot having access or easement to a public road by a narrow, private right-of-way where the lot is located generally to the rear of another lot or lots.

    3.

    Interior Lot. A lot abutting only one street.

    4.

    Through Lot. A lot which takes access from two streets which either are parallel or do not intersect at the boundaries of the lot.

    5.

    Reverse Corner Lot. A corner lot, the rear of which abuts the side of another lot.

    9-80-020.png

    Lot Area, Gross. The total area of a legally created parcel (or continuous parcels of land in single or joint ownership when used in combination for a building or permitted group of buildings), including any ultimate street right-of-way, existing rights-of-way deeded to the parcel, and all easements across the site.

    Lot Area, Net. The area of a site or parcel minus any land to be dedicated, such as ultimate street rights-of-way.

    Lot Depth. The average horizontal distance from the front lot line to the rear lot line. Where there is no rear lot line, the lot depth shall be measured by a line perpendicular to the front lot line to the most distant point on any other lot line.

    Lot Line. Any boundary of a lot.

    1.

    Front Lot Line. On an interior lot, the lot line abutting a street; or on a corner lot, the shorter lot line abutting a street; or on a through lot, the lot line abutting the street providing the primary access to the lot; or on a flag lot, the shortest interior lot line nearest the street from which access is obtained, not including the access strip.

    2.

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

    3.

    Rear Lot Line. For rectangular lots, the lot line generally opposite and most distant from the front lot line. For triangular and irregularly shaped lots, rear lot line shall mean a line 10 feet long within the lot, opposite and most distant from the front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such line or chord is drawn perpendicular to the mean direction of the lot depth.

    4.

    Side Lot Line. Any lot line which is not a front or rear lot line.

    5.

    Street Lot Line. Any lot line abutting a street and to which access is permitted.

    Lot Width. The horizontal distance between the side lot lines, measured at the required front setback line.

    Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:

    containers, pallets, and skids

    milling operations

    trusses and structural beams

    turning and shaping of wood products

    wholesaling of basic wood products

    wood product assembly

    Does not include craft-type shops ("Handcraft Industries and Small-Scale Manufacturing"); other wood and cabinet shops ("Furniture and Fixture Manufacturing"); indoor retail sale of building materials, construction tools and equipment ("Building Material Stores").

    M.

    Definitions, "M."

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

    Maintenance and Repair Services. Office and storage facilities for various businesses and contractors that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. Maintenance and repair services that operate from a retail establishment that sells the products being maintained or repaired are instead included under the definition of the particular retail establishment.

    Manufactured Housing (Factory-Built Housing). 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 the disassembly, damage, or destruction of the part which is either wholly or partially assembled on-site. Manufactured housing does not include mobile homes.

    Map Act. See "Subdivision Map Act."

    Master Sign Program. A coordinated program of one or more signs for an individual business establishment or a business center.

    Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following:

    1.

    Backlots/outdoor facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.

    2.

    Indoor support facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

    3.

    Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

    Medical Marijuana Collective or Cooperative. Any profit or not-for-profit group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes is a prohibited land use in the City of Simi Valley. This collective or cooperative is also any profit or not-for-profit, including those group that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

    Medical Services - Clinics, Offices, and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

    health management organizations (HMOs)

    medical and dental laboratories

    medical, dental and psychiatric offices

    out-patient care facilities

    other allied health services

    Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional."

    Medical Services - Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care."

    Medical Services - Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail and Services").

    Medical Services - Nursing and Personal Care. See "Medical Services - Extended Care."

    Membership Sports and Recreation Clubs. Sports and recreation clubs which are restricted to use by members and their guests. Country, golf, tennis, and amateur sports and recreation clubs are included.

    Metal Industries, Primary. Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings, forgings, stampings, extrusions and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included.

    Metal Products Fabrication, Machine and Welding Shops. Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products:

    blacksmith and welding shops

    sheet metal shops

    machine shops and boiler shops

    Mined Lands. The surface, subsurface, and groundwater of an area where surface mining operations will be, are being, or have been conducted, including all accessory access roads, land excavations, workings, mining waste, and areas where structures, facilities, and surface mining equipment, machines, tools, or other materials or property are located.

    Mineral. Any naturally occurring chemical element, compound, or groups of elements and compounds, formed from inorganic processes or organic substances, including, but not limited to, coal, granite, limestone, metals, pear, "redrock" sand and gravel, tar sand, and bituminous sandstone, but excluding geothermal resources, natural gas, and petroleum.

    Mixed-Use Development, Horizontal. A cohesive development that contains a combination of commercial, office, and residential uses side-by-side in a single building or in separate buildings on the same project site.

    Mixed-Use Development, Vertical. A cohesive development that contains a combination of commercial, office, and residential uses stacked within a single building (for example, a building that contains retail uses on the first floor, office uses on the second floor, and residential uses on the third floor).

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

    Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

    Mobile Home, RV, and Boat Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers.

    Model Home. A dwelling unit temporarily used for display purposes as an example of dwelling units available for sale or rental in a particular residential development.

    Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

    Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under "Lumber and Wood Products").

    Mulch. A protective covering such as wood chips and gravel that is spread uncompacted on the ground to reduce evaporation, maintain even soil temperature, prevent erosion, control weeds or enrich the soil associated with live plants. Mulch must be an integral part of the natural planting design.

    Multi-Unit Residential Development. For purposes of Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities), a development (including mobile home parks) which will utilize communal bins (rather than individual curbside pickup) for collection of discards or recyclable commodities for five or more residential units.

    Municipal Code. The City of Simi Valley Municipal Code and all amendments thereto.

    Museums, Botanical Gardens, Zoos. Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as an accessory gift/book shop, restaurant, etc.

    N.

    Definitions, "N."

    Non-profit Organization. An organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code, as amended.

    Nonconforming Parcels, Structures and Uses.

    1.

    Nonconforming Parcel. A parcel of record that was legally created before the adoption or amendment of this Development Code and that does not comply with the access, area, or width requirements of this Development Code for the zoning district in which it is located.

    2.

    Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this Development Code and that does not conform to current Development Code provisions or standards (e.g., heights, open space requirements, setbacks) prescribed for the zoning district in which the structure is located.

    3.

    Nonconforming Use. A use of a structure or parcel of land that was legally established and maintained before the adoption or amendment of this Development Code and that does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located.

    Nuisance. Anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin or any public square, street, or highway.

    O.

    Definitions, "O."

    Occupant. The person occupying, or otherwise in real or apparent charge and control of a premises.

    Offices. This Development Code distinguishes between the following types of office facilities. These do not include medical offices (see "Medical Services - Clinics, Offices and Laboratories").

    1.

    Accessory. Office facilities that are incidental and accessory to another business or sales activity that is the primary use.

    2.

    Business and Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, etc. This use does not include "Banks and Financial Services," which are separately defined.

    3.

    Construction Contractor. Offices, which may include interior storage of tools and equipment for the building and construction services including: carpentry, electrical, glass, insulation, iron work, heating and air conditioning, landscaping, masonry, plastering, plumbing, roofing, and tile.

    4.

    Government. Administrative, clerical, or public contact and/or service offices of a city, other local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck and Freight Terminals."

    5.

    Processing. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include:

    airline, lodging chain, and rental car company reservation centers

    computer software and hardware design

    consumer credit reporting

    data processing services

    insurance claim processing

    mail order and electronic commerce transaction processing

    telecommunications facility design and management

    telemarketing

    6.

    Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. Examples of these uses include:

    advertising agencies

    design services including architecture, engineering, landscape architecture, urban planning

    commercial art and design services

    educational, scientific and research organizations

    media postproduction services

    news services

    photography studios

    writers and artists offices

    7.

    Professional. Office-type facilities occupied by businesses providing professional services. Examples of these uses include:

    accounting, auditing and bookkeeping services

    attorneys

    counseling services

    court reporting services

    detective agencies and similar services

    financial management and investment counseling

    literary and talent agencies

    management and public relations services

    secretarial, stenographic, word processing, and temporary clerical employee services

    security and commodity brokers

    8.

    Temporary. A mobile home, recreational vehicle, or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

    9.

    Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

    Oil and Gas Exploration and Extraction. Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; and producing natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas well operation and maintenance, operation of natural gas and cycle plants, the mining and extraction of oil from oil sands and shales, and on-site processing only to the extent necessary to permit extraction (e.g., enhanced recovery techniques including the use of steam generators), or to conform extracted crude to pipeline requirements.

    Onsite. For the purposes of Section 9-30.090 (Underground of Utilities), onsite shall mean that area within, and including, the property lines of real property and extending to the centerline of any abutting street.

    Open Space. An area of land unobstructed from the ground upward, or water, set aside, dedicated, designated, or reserved for the recreation, scenic, or leisure use of the public or owner of the property.

    Ordnance and Accessories, Except Missiles, Vehicles. The manufacture of high explosives and related products and equipment for munitions, not including missiles or other delivery or transportation vehicles.

    Outdoor Activity. Any part of a site where commercial, industrial, recreation, or storage activities related to the principal use of a site are conducted outdoors, except for parking.

    Outdoor Recreation Facilities. Facilities for various outdoor participant sports and other types of recreation, including:

    amphitheaters

    amusement and theme parks

    batting cages

    go-cart tracks

    golf driving ranges

    health and athletic club outdoor facilities

    miniature golf courses

    skateboard parks

    stadiums and coliseums

    swim and tennis clubs

    tennis courts

    water slides

    zoos

    May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.

    P.

    Definitions, "P."

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

    Parcel. An area of land with fixed boundaries depicted on or described by a Tentative Map, Final Map, Parcel Map, or instrument of conveyance for the purpose of defining and to be held, actually or potentially, in fee title; provided that streets and similar rights-of-way, whether held in fee or otherwise, are not parcels for the purposes of this Development Code. Private easements and licenses are not parcels. Except where otherwise specified in Article 6 (Subdivisions), references to parcels are intended to include remainder parcels and parcels other than rights-of-way offered for dedication.

    For purposes of Chapter 9-38 (Tree Preservation and Removal), Parcel is defined as an area of land created or established for purposes of sale, lease, finance, division of interest, or separate use, separated from other lands by description on a final map or parcel map.

    Parking Lots and Structures. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by this Development Code).

    Parking Space. A position designated for the parking of one motor vehicle, whether within a parking lot, garage, or legally designated area of a public street.

    Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts.

    Parkway. A landscaped area between the face of street curbs/gutters and property lines.

    Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

    Patio, Enclosed. A patio with a roof which has been enclosed and meets the requirements of the Building Code Section 3116.

    Patio Roof. Any roof-like structure attached to the primary structure, or any extension of a roof line, constructed for the purpose of decoration or protection from the elements in connection with outdoor living. Also known as patio cover.

    Permanent Domestic Water Supply. Potable water in a quantity sufficient to adequately and continuously supply the total domestic requirements of all customers, and shall include requirements for fire protection under maximum demand conditions, to be provided by a system approved by a public health agency of the State or the Environmental Health Division of the Resource Management Agency of the County of Ventura. Potability shall be determined in compliance with standards established by the State or the Environmental Health Division of the Environmental Resource Agency of Ventura County and the Federal government.

    Person. For purposes of Chapter 9-46 (Telecommunications), the definition of person includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, and individuals that includes their lessors, trustees, and receivers.

    Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:

    barber and beauty shops

    clothing rental

    dry cleaning pick-up stores with limited equipment

    home electronics and small appliance repair

    laundromats (self-service laundries)

    massage (licensed, therapeutic, non-sexual)

    psychic readers

    shoe repair shops

    spas and hot tubs for hourly rental

    tailors

    tanning salons

    tattoo and body piercing services

    These uses may also include accessory retail sales of products related to the services provided.

    Pet Grooming. A business providing pet washing and other grooming services.

    Petroleum Product Manufacture, Distribution, and Storage. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines.

    Pipelines and Transmission Lines. Transportation facilities for the conveyance of: crude petroleum; refined petroleum products such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified under "Offices"), or distribution substations (classified under "Public Utility Facilities").

    Placed or Displayed. Erected, constructed, posted, painted, printed, tacked, glued, carved or otherwise fastened, fixed or made visible in any matter whatsoever.

    Planned Development. An area to be planned and developed as a single entity, according to applicable standards and regulations, and containing one or more structures as a single project. Planned developments may consist primarily of either commercial, industrial, or residential uses, or with incidental accessory activities, or they might contain some combination of those primary uses.

    Plant Nurseries and Garden Supply Stores. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "General Retail Stores." Home greenhouses are included under "Accessory Residential Uses and Structures."

    Plastics, Other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastic products; fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires ("Vehicle Services - Auto Repair and Service").

    Porch. A structure attached to the front of a building to shelter an entrance or to serve as a semi-enclosed space; usually roofed and generally open-sided.

    Post Office. A facility operated by the United States Postal Service for the receipt and distribution of the U.S. Mail, including incidental customer service facilities for purchasing postage, receiving, and sending mail.

    Preferential Parking. Parking spaces designated or assigned, through the use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

    Principal or Main Building. One or more buildings conducting the principal use of the lot upon which it is situated.

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

    Produce Stands. Open structures for the retail sale of agricultural products grown on the same site. Does not include field sales or agricultural products, which is included under "Crop Production and Horticulture."

    Property Owner. The individual having a majority interest in the property in question. Property owned in joint tenancy shall be considered single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for any party named, unless shares are specified, in which case "ownership" requires a majority interest. The property owner(s) shall be responsible for complying with the provisions of this Chapter either directly or by delegating the responsibility as appropriate to a tenant and/or an agent.

    Public Facility. Includes buildings, structures, and outdoor recreation areas owned by a local agency.

    Public Hearing. A meeting where notice is given and the meeting is conducted in compliance with Chapter 9-74 (Public Hearings).

    Public Meeting. A meeting subject to State law (Government Code Section 54950 et seq.).

    Public Nuisance. A nuisance which affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon individuals may be unequal.

    Public Open Space. Within a mixed-use development, this is common area, such as outdoor dining areas, courtyards, plazas, and other gathering areas accessible to all visitors and users of the site.

    Public Rights-of-Way. All public streets, and for the purposes of this telecommunications facilities, those utility easements, now or hereafter owned by the City, to the extent of the City's right, title, interest, or authority to grant a permit, license, or franchise to occupy and use such easements for wireless telecommunications facilities.

    Public Road or Street. Any road or street or thoroughfare publicly maintained and open to the use of the public for the purposes of vehicular travel.

    Public Safety Facilities. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

    Public Utility. A company regulated by the Public Utilities Commission of the State.

    Public Utility Facilities. Fixed-base structures and facilities serving as junction points for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

    corporation and maintenance yards

    electrical substations and switching stations

    natural gas regulating and distribution facilities

    public water system wells, treatment plants, and storage

    telephone switching facilities

    These uses do not include office or customer service centers (classified in "Offices").

    Q.

    Definitions, "Q."

    Quarries, Surface Mining, Mining. All or any part of the process involved in the mining of minerals or construction materials 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 underground mining.

    Queue. A line, as of people or vehicles, waiting a turn.

    R.

    Definitions, "R."

    Railroad Facilities. Facilities related to the operations of a railroad, including switching and storage yards, and maintenance facilities.

    Recreational Vehicle. 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. Recreational vehicle shall include, but not be limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.

    Recyclable Commodity. Any material that would otherwise become solid waste which is diverted from the solid waste stream for the purpose of recycling and/or composting and is donated or sold to a Recyclables Collector and not discarded by the owner. Recyclable commodities shall be considered discards if the Recyclables Collector charges the owner for removal or recycling the commodity.

    Recyclable Materials (also "Recyclables"). Waste materials generated on or emanating from residential, commercial, industrial, or public premises that are retained for recycling and/or composting. These materials include aluminum cans, bimetal cans, cardboard, glass containers, metal, plastic containers, newspaper, and paper.

    Recycling. The series of activities by which discarded materials that would otherwise remain wastes are collected, separated, or processed and used to make new products.

    Recycling Areas (Areas for Recycling). Space allocated for collecting and loading of recyclable materials. These areas shall have the ability to accommodate bins for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

    Recycling—Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see definitions above). Does not include: places where these activities are conducted entirely within buildings; pawnshops and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

    Religious Facilities. Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of Land Use Permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including as full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities.

    Repair Service. A facility where business equipment and home appliances, such as refrigerators, washing machines, computers, and copiers, are repaired for a fee. Does not include the repair of small home appliances and electronic equipment which is included under "Personal Services"; or vehicle repair, which is included under "Vehicle Services."

    Repairs. For purposes of Chapter 9-35 (Recyclable Material and Discard Collection Containers), repairs include maintenance of a facility in good operating condition which do not materially add to the value of the facility and do not substantially extend the life of the facility.

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

    Residential Care Facility. A single-dwelling unit or multiple-unit facility licensed or supervised by any Federal, State, or local health/welfare agency that provides 24-hour non-medical care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environments, including group homes.

    Residential Common Recreation Area. Within a residential or mixed-use development, this is a common area, either located outdoors or indoors, for active recreation purposes (such as a pool, tot lot, tennis court, recreation room, etc.) or passive recreation purposes (such as a picnic or barbeque area) that is accessible to, and shared exclusively by, the residents and their visitors of the residential or mixed-use development.

    Residential Private Open Space. Within a residential or mixed-use development, this is private outdoor space that is connected to an individual residential unit and is accessible to, and used exclusively by, the occupants and their visitors of the unit.

    Restaurant. A retail business selling ready-to-eat food for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses.

    Retail Sales and Services. The sale of goods, articles or services individually or usually in small quantities directly to the ultimate consumer or general public.

    Riding and Hiking Trails. Trails for equestrian use, biking, and/or hiking, as designated, maintained by a public or private entity.

    Right-of-Way. A strip of land, held in fee or as an easement for public or quasi-public purposes, that has been established by reservation, dedication, prescription, condemnation, or other means, which strip of land is occupied or intended to be occupied by a road, walkway, railroad, utility distribution or transmission facility, or other similar use.

    Roof Line. A horizontal plane projected parallel to the plane of the building floor and touching the highest point on the building.

    Roof Structure. A structure for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain the building. Includes fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, solar collectors, wireless masts, television antennas, and similar structures.

    Room, Habitable. A space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable rooms.

    S.

    Definitions, "S."

    Salvageable Personal Property. Any type of corporeal personalty, new or used, but not including money or evidence of debt. This term does not include recyclable materials governed or regulated by the development code or state law such as those for bottles and cans.

    Schools. Public and private educational institutions, including:

    boarding schools

    business, secretarial, and vocational schools

    community colleges, colleges and universities

    elementary, middle, and junior high schools

    establishments providing courses by mail

    seminaries/religious ministry training facilities

    high schools

    military academies

    professional schools (law, medicine, etc.)

    Also includes specialized schools offering instruction in the following:

    art

    ballet and other dance

    computers and electronics

    drama

    driver education

    language

    music

    Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Child Day Care Facilities"). See also the definition of "Studios - Art, Dance, Music, Photography, etc." for smaller-scale facilities offering specialized instruction.

    Screening. A method of visually shielding or obscuring a structure, or portion thereof, or use from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof.

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

    Senior Housing Project. Senior citizen housing shall be as defined by Civil Code Sections 51.2 and 51.3, of Federal law, 42 U.S.C. 3607 (b)(2)(A) and 24 CFR Part 100.

    Sensitive Uses. Refers to residences, schools, parks, health care facilities, or places of public assembly.

    Setback. A minimum distance by which structures are to be separated from the boundary lines of the lot on which they are located in order to provide an open yard area which is unoccupied and unobstructed from the ground upward, except for minor intrusions such as eaves (also see definitions for "Yard").

    1.

    Front Setback. An open yard area extending between the side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot (also see "Front Yard").

    2.

    Interior Setback. Any open area of a site between structures not within a required front, rear, or side setback area.

    3.

    Rear Setback. An open yard area extending across the rear of the lot between the side lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot (also see "Rear Yard").

    4.

    Side Setback. An open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yard or rear lot line which is the required minimum horizontal distance between the side lot line and a line parallel thereto on the lot (see also "Side Yard").

    5.

    Setback Line. The line formed by the measurement of the required front, side, or rear yard areas required by this Development Code. All setback lines together define the buildable area.

    Sewage Treatment Facilities. Structures and equipment for the treatment and purification of raw sewage, as part of a municipal sewage collection, treatment, and disposal system.

    Shopping Center. A group of architecturally unified commercial retail establishments, containing 25,000 square feet of gross floor area or more, built on a site which is planned, developed, and managed as a single operating unit.

    Sidewalk Sale or Display and Extensive Promotional Commercial Activity. Merchandise for sale, items or advertisements displayed as described in Section 9-52.080(I)(5) by a single business or group of businesses which are placed outside the usual and customary confines of that business. The location and the duration for the display of merchandise are limited to those areas and times as stated in Sections 9-52.080(I)(5)(b) and (d).

    Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to convey a message.

    1.

    Abandoned Sign. A permanent sign located on a property where business is no longer conducted.

    2.

    Ancillary Sign. An on-site directional sign that is accessory and incidental to the primary use of the site, and that contains directional information only, with no other message content.

    3.

    Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

    4.

    Awning Sign. A sign copy or logo attached to or painted on an awning.

    5.

    Building-Mounted Sign. A sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

    6.

    Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means.

    7.

    Charitable Organization. See definition under Section "C" definitions.

    8.

    Commercial Sign, Message Content, or Speech. Any message which is for the purpose of proposing a commercial transaction.

    9.

    Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

    10.

    Gasoline Price Sign. On-premises signs identifying the brand or type and price of gasoline sold.

    11.

    Governmental Sign. Signs placed by a governmental entity and which are required by federal, state, or local law.

    12.

    Legal Nonconforming Sign. A sign which was lawfully erected and maintained before the adoption of this Development Code, but does not now completely comply with current regulations.

    13.

    Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

    14.

    Multi-Sided Sign. A sign with more than two sides, surfaces, or panels.

    15.

    Non-Commercial Sign, Message Content, or Speech. Any message which is not commercial speech, as defined in this Chapter.

    16.

    Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that a related use or occupant is located on the same premises, that is permitted according to Section 9-37.030 (Sign Permit Requirements).

    17.

    Pole Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

    18.

    Portable Sign. A sign other than a temporary sign regulated pursuant to Section 9-37.070 or a hand-held sign, which is designed or constructed to be moveable from location to location, positioned at or above grade level, and which does not meet the City's requirements for the installation of permanent signs in accordance with Title 8, Building Code, Chapter 1, Uniform Codes: Adoption and Amendments.

    19.

    Project Entry Sign. Signs that may be approved for the purpose of identifying the entry or entries to an approved, number-designated Planned Development or Special Use Permit project.

    20.

    Projecting Sign. A sign suspending from, or supported by, a structure and projecting perpendicular or at another angle outward from the building face.

    21.

    Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof or fascia.

    22.

    Sign Area. A sign's surface space, including all framing, writing, logo, representation, emblem, and other displays.

    23.

    Temporary Sign. Sign that is neither permanently anchored to the ground nor permanently affixed to a building or structure and which is displayed under the authority of Section 9-37.070 of this Code. The materials of temporary signs are to be durable and capable of withstanding weathering and natural forces of wind and rain. Temporary signs are to be prepared by design professionals whose principal business is the design, manufacture and/or sale of signs, or others who are determined by the Director of Environmental Services to be capable of producing professional results. Temporary signs may be allowed with or without a permit, and with or without a time limit.

    24.

    Undercanopy Signs. Signs suspended no lower than eight feet above the existing grade under a canopy or awning of a building, which identify a business, profession or industry conducted on the premises.

    25.

    Vehicle Sign. A sign that is painted directly upon, magnetically affixed, or permanently affixed to the body or other integral part of the vehicle and that does not extend more than 12 inches above or beyond the overall height or width of the vehicle.

    26.

    Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view, whether mounted on the outside or inside of a window surface. These shall also include all interior signs which face a window exposed to public view and that are located within two feet of the window.

    Simi Valley Subdivision Improvements Standards and Specifications. As authorized by Map Act Section 66462(b), the current edition of "Standards Specifications for Public Works Construction" (Green Book), "Road Standards," "Standard Plans for Public Works Construction," "Standard Land Development Specifications," "Standard Specifications," and any other specifications adopted by the Council are hereby adopted by reference and all subdivision improvements shall be designed and installed in compliance with these standards and specifications, and the amendments and additions made from time to time by the Council. In the event of conflict between the specifications, the City Engineer's decision shall be final as to which improvement standard is applicable.

    Single Room Occupancy (SRO) Unit. A small residential unit (usually between 200-350 square feet) consisting of one habitable room in a structure with other similar units. Residents may share bathrooms and/or kitchen facilities or some units may include bathrooms and/or kitchenettes.

    Single-Occupant Vehicle. Any vehicle capable of transporting two or more persons, but when in use is occupied by only one person.

    Site. A parcel or a portion of a parcel, and/or or adjoining parcels or portions of parcels, considered a unit for the purposes of development or other use in compliance with this Development Code.

    Slope. The relationship between the change in elevation (rise) of land and the horizontal distance (run) over which such change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100, and expressed as percentage.

    Social Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services, counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, serving persons with social or personal problems requiring special services, and the handicapped and the otherwise disadvantaged. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day care services, emergency shelters and transitional housing, or "Residential Care," which are separately defined.

    Solar Energy Equipment. Devices that convert sunlight into electricity or into a means for heating water.

    Solid Waste Disposal Facilities. Refuse dumps, sanitary landfills and other solid waste disposal facilities of a terminal nature, where garbage, trash or other unwanted materials are abandoned, buried or otherwise discarded with no intention of re-use. This definition does not include disposal sites for hazardous waste materials.

    Specific Plan. A report consisting of text, maps, and other documents and exhibits regulating development within a specified area of the City and prepared pursuant to the provisions of the Government Code.

    State Registered Civil Engineer. A civil engineer registered in compliance with the State Business and Professions Code.

    Stock Cooperative Apartment Project. A stock cooperative as defined by Business and Professions Code Section 11003.2, where the "improved real property" referred to in that section is residential real property including multi-family residential property, and where "exclusive occupancy in a portion of the real property" includes occupancy in a dwelling unit on the property.

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

    Storage - Accessory. The storage of materials accessory and incidental to a primary use that is not considered a land use separate from the primary use.

    Storage - Personal Storage Facilities. Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as self-storage and mini-warehouse.

    Storage - Recreational Vehicle. A business that rents indoor or outdoor space for the storage of recreational vehicles, boats, etc.

    Story. The portion of a building included between the upper surface of the floor above. For detached residential units, if there is only one floor for a portion of the structure, the first story shall be the first sixteen vertical feet of the wall plane as measured from the finished floor to the top of the roof surface. Vertical height in excess of sixteen feet along the wall plane shall constitute a second story, regardless of the presence or absence of a second floor.

    Street Frontage. That portion of a building or property which faces or abuts a street, or streets. For the purposes of Chapter 9-37 (Signs), SR-118 shall not be deemed street frontage.

    Structural Clay, Pottery, and Ceramic Products. Manufacturing establishments producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, various ceramic and fine earthenware products, and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Small Scale Manufacturing" or "Home Occupations."

    Structure. Anything constructed or erected on the ground, or requiring location on the ground, or which is attached to something having a location on or in the ground. Structure is also that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.

    1.

    New Structure. A new freestanding structure which has utility service; a structure to which additions, alterations, or repairs within any 12-month period exceed 20 percent of the building pad area of the existing structure; a building that is moved to another location or relocated on the same parcel; or a structure that undergoes a change in the character of occupancies or use as defined in the Uniform Building Code.

    2.

    Temporary Structure. A structure which is readily movable and used, or intended to be used, for a limited time.

    3.

    Open-Designed. An accessory structure without solid walls such as a gazebo, patio cover, or arbor, and do not include raised decks, platforms, or play equipment.

    Studios for Art, Dance, Music, Photography, etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; and aerobics studios with no other fitness facilities or equipment.

    Subdivision Map Act, or Map Act. The provisions of the State law (Government Code Title 7, Division 2, Sections 66410 et seq.) as they may be amended from time to time, referred to in this Development Code as the "Map Act."

    Supportive Housing. Supportive housing shall have the meaning set forth in California Government Code Section 65582(h), which defines it as housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite 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. Supportive housing will be permitted in the same manner as other residential dwellings of the same type in the same zone per the Development Code and applicable State law.

    T.

    Definitions, "T."

    Tandem Parking. The placement of parking spaces, one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space.

    Telecommunications Facilities. Public, commercial, and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.

    Temporary Use. A use established for a limited period of time, with the intent to discontinue such use upon the expiration of the time period.

    Tenant. The lessee of all or any part of a development.

    Terrace.

    1.

    In the case of a grading or surface mining operation, a terrace is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

    2.

    A terrace is also an outdoor living or activity area constructed with tile, asphalt, concrete, or other paving laid upon continuous base material or fill, placed directly on the grade.

    Textile and Leather Product Manufacturing. Manufacturing establishments engaged in performing any of the following operations:

    coating, waterproofing, or otherwise treating fabric

    dying and finishing fiber, yarn, fabric, and knit apparel

    manufacture of knit apparel and other finished products from yarn

    manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles

    manufacturing of woven fabric, carpets and rugs from yarn

    preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage

    upholstery manufacturing

    Theaters and auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events. Examples of these facilities include:

    civic theaters, and facilities for "live" theater and concerts

    similar public assembly uses

    exhibition and convention halls

    movie theaters

    public and semi-public auditoriums

    Does not include outdoor theaters, concert and similar entertainment facilities.

    Tobacco and Cigar Stores and Stands. Retail establishments primarily engaged in offering smoking products for sale.

    Townhouse. A single-family dwelling in a row of at least three such units in which each unit may be located on a separate parcel, have its own access to the outside, no unit is located over another unit, and each unit may be separated from any other unit by a property line or by one or more common fire-resistive walls.

    Traffic Safety Sight Area (TSSA). Area that includes that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway 45 feet from the point of intersection of the extended curb lines or edges of roadway.

    9-80-020b.png

    Traffic Safety Sight Area

    Trailer. A vehicle without motive power, designed to be drawn by a motor vehicle primarily for hauling purposes.

    Transit/Transportation Maintenance and Service Facilities. Sites where busses and fixed-rail transit vehicles are maintained.

    Transitional Housing. Transitional housing shall have the meaning set forth in California Government Code Sections 65582(f)(g), which defines it as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing will be permitted in the same manner as other residential dwellings of the same type in the same zone per the Development Code and applicable State law.

    Transportation Demand Management (TDM). The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single-occupant vehicles (e.g., carpooling and vanpooling), and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in the case of telecommuting or compressed work weeks).

    Tree. The following terms and phrases are defined for the purposes of Chapter 9-38 (Tree Preservation and Removal).

    1.

    Historic Tree. A living tree designated by resolution of the Council as an historic tree because of an association with some event or person of historical significance to the community, or because of special recognition due to aesthetic qualities, condition, or size.

    2.

    Mature Native Oak Tree. A living native oak tree with a cross-sectional area of all major stems, as measured four and one-half feet above the root crown, of 20 or more square inches.

    3.

    Mature Tree. A living tree with a cross-sectional area of all major stems, as measured four and one-half feet above the root crown, of 72 or more square inches. Mature trees shall not include stump regrowths.

    4.

    Native Oak Tree. A living tree of the genus Quercus and species agrifolia, berberidifolia, lobata, or hybrids thereof.

    5.

    Protected Trees. All historic trees, all mature native oak trees, or any mature trees which are associated with a proposal for urban development, or are located on a vacant parcel.

    Trip Reduction. Reduction in the number of work-related trips made by single-occupant vehicles.

    Truck and Freight Terminals. Transportation establishments furnishing services incidental to air, motor freight, and rail transportation. Examples of this land use includes:

    freight forwarding services

    freight terminal facilities

    joint terminal and service facilities

    packing, crating, inspection and weighing services

    postal service bulk mailing distribution centers

    transportation arrangement services

    trucking facilities, including transfer and storage

    U.

    Definitions, "U."

    Underground Utility District. See District.

    Use. The purpose for which land or a building or structure is arranged, designed, or intended to be used or for which it is or may be used, occupied, or maintained.

    1.

    Accessory Use. A use accessory to any permitted use, and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and does not change the character of the main use.

    2.

    Principal Use. The primary purpose for which a building, structure, or lot is designed, arranged, or intended or for which they may be used, occupied, or maintained under this Development Code.

    Use Inauguration. The institution of a use, or occupancy of a property, or construction of substantial site work (see Section 9-71.030(C)(1)) after Building Permits have been issued.

    Utility. Electricity, telephone, and cable television.

    Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices - Business and Service"), or distribution substations (see "Public Utility Facilities").

    Utility Service. Facilities for the provision or transmission of electricity, telephone and cable television, including wires, conduit, poles, supports, transformers, insulators, switches, and related or appurtenant facilities.

    V.

    Definitions, "V."

    Vacant Parcel. Any single legal parcel which is currently not developed.

    Vanpool. A vehicle carrying seven to 15 persons commuting together to and from work on a regular basis, on a prepaid subscription basis.

    Variance. A departure from the strict application of the development standards of this Development Code.

    Vehicle. A motorized vehicle includes automobiles, recreational vehicles, motorcycles, and aircrafts, with specific definitions below.

    A.

    Vehicle-Automobile. A four-wheeled automotive vehicle designed for passenger transportation and commonly propelled by an internal combustion engine and/or an electric motor. Vehicle-Automotive includes cars, trucks, and vans.

    B.

    Vehicle-Recreational. 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. Vehicle-Recreational includes travel trailers, pickup truck campers, camping trailers, motor coach homes, converted trucks and buses, all terrain vehicles, golf carts, quadricycles, watercraft, boats, and boat trailers.

    C.

    Vehicle-Motorcycle. A bicycle or tricycle propelled by an internal combustion engine and/or an electric motor. Vehicle-Motorcycle includes motorcycles, mopeds, motorized bikes, and scooters.

    D.

    Vehicle-Aircraft. An airplane, helicopter, small engine aircraft, jet, or balloon, for traveling through the air.

    Vehicle Services - Auto Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:

    1.

    Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.

    2.

    Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair, maintenance, and minor parts installation (e.g., muffler and radiator shops, quick-lube, etc.).

    Does not include automobile parking (see "Parking Lots and Structures, Commercial"), repair shops that are part of a vehicle dealership on the same site (see "Auto Sales and Rental," and "Recreational Vehicle Sales and Rental"); gas stations, which are separately defined; or dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards."

    Vehicle Services - Light Duty Vehicle and Large Truck Rental and Leasing. A business establishment engaged in renting and/or leasing commercial vehicles.

    Ventura County Air Pollution Control District (APCD). The authority created by the State Legislature to meet Federal standards and otherwise improve air quality in the Ventura County portion of the South Central Coast Air Basin.

    Vested Right. Vested right means that the applicant has pulled all of the necessary building permits for the project and has completed substantial construction on the project in reliance on those building permit.

    Veterinary Clinics, Animal Hospitals. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding, or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops are listed under "kennels."

    W.

    Definitions, "W."

    Warehouse Retail. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

    Warehouses, Wholesaling and Distribution. These facilities include:

    1.

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

    2.

    Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

    agents, merchandise or commodity brokers, and commission merchants

    assemblers, buyers and associations engaged in the cooperative marketing of farm products

    merchant wholesalers

    stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

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

    Wall. An object of stone, brick, or other material, raised to some height, and intended for purposes of privacy, security, or enclosure.

    Watercourse. The normal channel limits of an intermittent or perennial stream, or other body of water, during nonflood conditions.

    Water Well Site. A parcel that contains a water well and is created for the sole purpose of transferring, by lease or sale, possession of the well and as much of the land around the well as may be necessary for use of water from the well.

    Wireless Telecommunications Carrier. Every person that directly or indirectly owns, controls, operates, or manages plant, equipment, or property within the City, used or to be used for the purpose of offering wireless telecommunications service.

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

    Wireless Telecommunications Provider. Every person who provides wireless telecommunications services over wireless telecommunications facilities without any ownership or management control of the facilities.

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

    X.

    Definitions, "X." No terms or phrases beginning with the letter "X" are defined at this time.

    Y.

    Definitions, "Y."

    Yard. An area between the property line and the walls of the principal or main building.

    1.

    Corner Yard. A side yard of a corner lot which abuts a street.

    2.

    Front Yard. The area between the wall of the principal or main building which face the front property line and the front lot line, extending between the side lot lines.

    3.

    Rear Yard. The area between the walls of the principal or main building which face the rear property line and the rear lot line, extending between the side lot lines.

    4.

    Side Yard. The area between the walls of the principal or main building which is closest to the side lot line.

    9-80-020c.png

    Z.

    Definitions, "Z."

    Zero Lot Line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line or appears to rest on the property line through use of an easement.

    Zero Lot Line Development. A residential project where dwelling units on individual lots of record are located so they all abut one side property line or appear to abut the property line through use of an easement without a side or rear setback.

    Zone. A specifically delineated area or district within which certain regulations and requirements uniformly govern the use, placement, spacing, and size of land buildings.

    Zone, Overlay. A district established by this Development Code, which may be applied to a lot, or portion thereof, only in combination with a general zoning district, and which applies additional standards and regulations upon such land. More than one such overlay may be applied to the same property.

    Zoning Administrator. The Director of Environmental Services, or his designee, when acting upon administrative decisions.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006, § 4, Ord. 1098, eff. September 28, 2006, § 2 (part), Ord. 1110, eff. April 6, 2007, § 2 (part), Ord. 1139, eff. February 9, 2009, Exh. A, Ord. 1147, eff. August 20, 2009, Exh. A, Ord. 1157, eff. July, 22, 2010; Exh. A, Ord. 1164, eff. November 11, 2010 and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1187, eff. April 26, 2012; § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012; § 4 (Exh. A), Ord. No. 1205, eff. April 18, 2013; § 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013; § 2 (Exh. A), Ord. No. 1213, eff. June 6, 2013; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 3 (Exh. A), Ord. No. 1241, eff. August 13, 2015; § 2 (Exh. A) Ord. 1255, eff. April 14, 2016; § 2 (Exh. A), Ord. No. 1265, eff. January 9, 2017; § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017; § 5 (Exh. A), Ord. No. 1279, eff. October 30, 2017 and § 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)