The purpose of this chapter is to ensure precision in interpretation
of this title. The meaning and construction of words and phrases defined
in this chapter applies throughout this title.
(Ord. 359, 1992)
The following definitions set forth in Section 9.15.030 of this chapter shall apply when interpreting the intent or meaning of the requirements and guidelines of this title. The community development director may add additional definitions or refine the definitions as necessary to improve clarity for the user. However, any change in the definitions which constitutes a substantial amendment to the intent of a regulation contained in this title shall first follow the procedures outlined in Section 9.02.050.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
means having district boundaries or lot lines in common.
means a portion of the lot providing access from a street
and having a minimum dimension less than the required lot width.
means the right, claims, title or privilege of access, by
pedestrians or vehicles, to a public road or way.
means a graded road with such improvements and of such width, as required in Chapter 9.14 of this title, which provides access from a division of land to an existing maintained street or highway.
means any subordinate building or portions of the main building,
the use of which is incidental to that of the main building on the
same lot or premises, and which is used exclusively by the occupants
of the main building.
means an attached or a detached residential dwelling unit,
which provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel that the existing
single-family or multifamily dwelling is or will be situated.
means a structure that is accessory or incidental to a dwelling
on the same lot.
means an accessory structure which is habitable space, as
defined by the International Building Code.
means any use customarily incidental to, related and clearly
subordinate to a principal use established on the same lot or premises.
"Adjusted net acreage" means the land area which remains
after dedication of ultimate rights-of-way for: (1) exterior boundary
streets; (2) flood control rights-of-way; and (3) public parks developed
to meet minimum standards. Major utility easements and rights-of-way
may not be counted as adjusted net acreage. Areas devoted to park
land or active recreational uses may be counted as adjusted net acreage
only if such public facilities are proposed over and above the minimum
park land requirements.
means facilities occurring on level or gently sloping land
to a maximum slope of 10% which are designed to provide individual
or group activities of an active nature, including, but not limited
to, sports fields, court games, swimming pools, children's play areas,
picnic areas, golf courses, and recreational community gardening.
Active recreational uses do not include natural open space, nature
study areas, open space for buffer areas, slopes greater than 10%,
riding and hiking trails, scenic overlooks, water courses, drainage
areas or water bodies.
means district boundaries or lot lines in common.
means the city of Moreno Valley planning commission for all
tentative Schedule "A," "B," "C," "D," "E," "F," "G," "H" and "I"
maps, and for such other purposes as the context so indicates.
means a secondary means of access to property and is located
at the rear or side of the property. Minimum right-of-way width shall
be 20 feet.
means to make a change in the supporting members of a structure,
such as bearing walls, columns, beams or girders, which will prolong
the life of the structure. In case of a sign, "alter" means a change
of all or a portion of the copy, message or sign legend or face, except
on signs designed to advertise changing messages.
means the general noise level one finds in a certain area
at a given time.
"Exotic" or "wild animals" means and includes lions, tigers,
bears, simians, cougars, badgers, wolves, coyotes, foxes, lynx, peacock,
monkey or any venomous or otherwise dangerous reptile or any other
dangerous or carnivorous wild animal, or any wild animal, as defined
in Section 2116 of the Fish and Game Code of the state of California,
or any other animal determined to be dangerous or potentially dangerous
by the city community development director.
"Large animal" means and includes equine, bovine and similar
sized animals, as determined by the city community development director.
"Medium animal" means and includes sheep, goats and similar
sized animals, as determined by the city community development director.
"Small animal" means and includes rabbits, chinchillas, guinea
pigs and other similar sized animals, as determined by the city community
development director.
means a device used to transmit and/or receive radio or electromagnetic
waves between terrestrially and orbitally based structures.
"Commercial antenna" means an antenna or satellite dish used
in conjunction with a business, commercial enterprise, trade, calling,
vocation, profession, occupation, or other means of livelihood, whether
or not carried on for gain or profit, including, but not limited to,
public utilities, wireless telephone communications or private-owned
or publicly supported AM or FM radio stations, cable television operations
or television broadcast stations, but excluding standard television
receive only antennas.
"Noncommercial antenna" means an antenna or satellite dish
not used in conjunction with a business, or commercial enterprise.
"Satellite dish antenna" means a transmitting and receiving
antenna, typically parabolic, disc or double convex shaped with an
active element external to the disc that communicates by line of sight
with another similar antenna or an orbiting satellite.
means one or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit in a building
containing more than two dwelling units.
means an owner applying for a city permit pursuant to this
title.
means one of the following:
A dedicated right-of-way;
An offer to dedicate to the city of Moreno Valley, or an offer
to dedicate to the county of Riverside for which the city of Moreno
Valley is a successor in interest, a width as established by the circulation
element of the Moreno Valley general plan or any adopted specific
plan or highway right-of-way standards and a strip of land at least
12 feet in width which expressly grants to the owner of the subdivision
or development and any successors in interest the right to use the
easement without limit as to the quantity of vehicular traffic from
each lot or use created by the owners or successors in interest to
improved roadways in the city road system, both of which abut or connect
to a publicly maintained roadway or connect to existing traveled roads
where a prescriptive right by user exists for public use;
An offer to dedicate to the city of Moreno Valley, or an offer
to dedicate to the county of Riverside for which the city of Moreno
Valley is a successor in interest, or to the public in general, an
easement for public road, highway and public utility purposes, of
a width as established by the circulation element. The offer to dedicate
to the public in general can be accepted by public use, but the easement
for road construction thereon shall not become a city roadway until
and unless the city council, by appropriate resolution, has caused
such roadway to be accepted into the city road system; or
An existing traveled way where a prescriptive right by user
has been established for public use by a court decree.
means an appliance meeting city of Moreno Valley standards
and approved by the water company and fire department having jurisdiction
for use as a fire hydrant.
means a place of business where more than four electronic,
video or coin-operated games are operated for compensation.
means any portion of the outer surface of a structure, including,
but not limited to, the kind, color and texture of the building material,
the type and style of all windows, doors, lights, signs, walls, fences,
awnings and canopies, screens, sculptures, decoration, roof shape
and materials, and other fixtures appurtenant to a structure.
means a marquee, fireplace chimney, porch, canopy or similar
projection of a building.
means a highway intended to serve through traffic, where
access rights are restricted and intersections with other streets
or highways may be limited. Minimum right-of-way width shall be 100
feet.
means parking facilities where a lot attendant parks vehicles
for drivers. This term is used interchangeably with "valet parking."
means a person bearing written authority from the property
owner to act on behalf of and to bind the property owner.
means a retail place of business engaged in supplying goods
and services essential to the normal operation of automobiles, whose
primary use is the dispensing of automotive fuel and motor oil.
"Major automotive and light truck repair" means activities
typically including, but not necessarily limited to, automotive and
light truck repair, heavy automobile and truck repair, such as transmission
and engine repair, automotive painting and body work, and the installation
of major accessories.
"Minor automotive and light truck repair" means activities,
including, but not necessarily limited to, automotive and light truck
repair, the retail sale of goods and services for automotive vehicles
and light trucks (less than 6,000 pounds), and the cleaning and washing
of automotive vehicles. Uses typically include, but are not necessarily
limited to, brake, muffler and tire shops and automotive drive-through
car washes. Heavier automobile repair such as transmission and engine
repair and auto body shops shall not be included in this land use
type.
means an outside enclosure within which small birds (excluding
poultry or fowl, as defined) are kept and raised.
means a permanent or temporary structure attached to and
wholly supported by a building, and installed over or in front of
openings or windows in a building, and consisting of a fixed or movable
frame and a top of canvas or other similar material covering the entire
space enclosed between the frame and the building.
means any cloth, bunting, plastic, paper or similar material
used for advertising purposes attached to, pinned on, or hung from
any structure, staff, pole, line, framing, vehicle or other object.
means a strip of land one foot or more in width dedicated
to the city of Moreno Valley for street purposes and access control
at the end of a dead end street or along the side of a part-width
dedicated street or other public right-of-way.
means an establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, saloons, and taverns and in which the service of food is only
incidental to the consumption of such beverages.
means a bar or tavern that provides incidental entertainment,
such as musical performances, where the performance area does not
exceed 75 square feet and customer dancing does not occur. The use
shall instead be classified as a nightclub if the performance area
exceeds 75 square feet or customer dancing occurs. Live entertainment
does not include a sexually oriented business.
means the flood having a one percent chance of being equaled
or exceeded in any given year; this is sometimes referred to as a
one hundred-year flood.
means a parking system wherein the bicycle is delivered to,
and left with, attendant(s) with provision for identifying the bicycle's
owner. The stored bicycles are accessible only to the attendant(s).
means a fully enclosed space accessible only to the owner
or operator of the bicycle.
means an area for the parking of bicycles which is under
constant surveillance.
means Class 3 facilities within a locked room or locked enclosure
accessible only to the owners or operators of bicycles parked within,
or Class 2 facilities within the common locked garage area(s) of a
multiple-family residential development which is accessible only to
residents of the units for which the garage is provided.
means an area either within or outside the right-of-way of
a dedicated street where bicycle travel is the designated use.
See "Outdoor advertising display."
means the aggregate of lots, pedestrian passages, and rear
alleys, circumscribed on all sides by streets.
means the linear dimension of a block along one of its street
frontages.
means the aggregate dimension of a block along all of its
street frontages.
means a building containing a dwelling unit where lodging
is provided with or without meals for compensation. Notwithstanding
this definition, no single-family residence lawfully operating pursuant
to a state license under the California Health and Safety Code, that
is otherwise exempt from local zoning regulations, shall be considered
a boarding or rooming house for purposes of this code.
means the construction of or addition to a bridge identified
in the circulation element of the general plan or is part of a major
thoroughfare and spans a waterway, railway, freeway or canyon.
means the vertical plane along a lot where the building's
front façade is actually located. See Figure 9.15.030-1 (Build-to-Zone).
means the area of a building elevation, front, rear or side,
in which a business is located.
means the side of a building which contains the main entrance
for pedestrian ingress and egress. If more than one main entrance
exists, the one that more nearly faces or is oriented to the street
of highest classification as portrayed on the current general plan
of circulation shall be considered the building frontage. If all streets
are of the same classification, the side of the building with the
smallest lineal dimension containing a main entrance shall be considered
the building frontage.
means the vertical distance from the grade to the highest
point of the coping of a flat roof or to the deck line of a mansard
roof or to the highest point of the highest gable of a pitch or hip
roof, but exclusive of vents, air conditioners, chimneys or other
such incidental appurtenances.
means a legally created parcel or contiguous parcels of land
in single or joint ownership, which provides the area and the open
spaces required by this title for location of a building or structure,
exclusive of all vehicular and pedestrian rights-of-way and all other
easements that prohibit the surface use of the property by the owner
thereof.
means a building or portion of a building used by one business
or other user interest without direct interior connections to other
business interests.
means the area between the minimum and maximum setbacks within
which the principal building's front façade (building façade
line) is to be located. See Figure 9.15.030-1 (Build-to-Zone).
|
Figure 9.15.030-1 Build-to-Zone
 |
means a group of buildings and/or parcels planned or constructed
as an integrated entity, with shared access and internal circulation.
means a sign located in a multitenant complex which lists
each business and address located therein.
means an on-site sign which identifies the business located
therein.
means any portable, demountable or permanent cabin, small
house, room, enclosure, or other building or structure erected, constructed
or placed on a mobile home space and used in conjunction with a mobile
home. Such structure shall not be used for sleeping purposes.
means all parts of the Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this title, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
Health and Safety Code.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
means any activity involving the retail sale of cannabis
or cannabis products from a retailer.
means the procurement, sale, and transport of cannabis and
cannabis products between licensees.
means a location that provides the procurement, sale, and
transport of cannabis and cannabis products between entities licensed
by the state of California.
means a location that produces, prepares, propagates, or
compounds cannabis or cannabis products, directly or indirectly, by
extraction methods, independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis, and is owned
and operated by a person issued a valid commercial cannabis business
permit for manufacturing from the city of Moreno Valley and, a valid
state license as required for manufacturing of cannabis products.
means a location with a combination of at least three of
the following four commercial cannabis activities: manufacturing,
cultivation (limited to 10,000 square feet), distribution, and dispensary.
means a laboratory, facility, or entity that offers or performs
tests of cannabis or cannabis products and that is both: (1) accredited
by an accrediting body that is independent from all other persons
involved in commercial cannabis activity in the state; and (2) licensed
by the Bureau of Cannabis Control.
means an internally illuminated sign consisting of a metal
cabinet and a sign face(s) made, in part, of a translucent material
such as plexiglass.
means all areas occupied by any portion of a cannabis plant,
inclusive of all vertical planes, whether contiguous or noncontiguous
on any one site.
means a small roof or awning attached to and supported by
the wall of a structure.
means a sign painted, placed or installed on any awning or
canopy.
means a permanently roofed structure with not more than three
enclosed sides used for automobile shelter and storage.
"Commercial catteries"
means any building, structure, enclosure or premises whereupon,
or within which five or more cats are kept or maintained primarily
for financial profit for the purpose of boarding, breeding, training,
marketing, hire or any other similar purpose.
"Noncommercial catteries"
means any building, structure, enclosure or premises whereupon,
or within which, five or more cats are kept or maintained, but not
primarily for financial profit.
means a facility, licensed by the state of California, which
provides nonmedical care to children under 18 years of age in need
of personal services, supervision or assistance essential for sustaining
the activities of daily living or for the protection of the individual
on less than a 24 hour basis. Child day care facility includes day
care centers and family day care homes.
means the city of Moreno Valley.
means the city council of the city of Moreno Valley.
means standard drawings as prepared or adopted by the public
works director/city engineer, showing the nature of various items
of improvement work to be constructed and/or made a part of the improvement
agreement.
means a center for the acceptance, by donation, redemption,
or purchase, of recyclable materials from the public. Collection facilities
may include the following:
means a street which is intended to serve intensive residential
land use, multiple-family dwellings, or to convey traffic through
a subdivision to roads of equal capacity or greater. It may also serve
as a cul-de-sac in industrial or commercial use areas but shall not
exceed 660 feet in length when so used. Minimum right-of-way width
shall be 66 feet.
means ground floor interior space constructed with a minimum height as established in Section 9.07.096 (Building frontage type standards) that may be used for either residential or nonresidential uses. The intent of commercial-ready space is to provide flexibility so that a space can be converted between residential and nonresidential uses in response to market demand.
means and includes cable television reception facilities,
cellular telephone facilities, centers for employee telecommuting,
communication receiving and broadcasting facilities and the like.
means communication towers, equipment structures, mono-poles,
and the necessary appurtenances.
means the community development director of the city of Moreno
Valley.
means the average noise level during a 24 hour day, in decibels,
weighted to account for the lower tolerance of people to noise during
evening (seven p.m. to ten p.m.) and night (ten p.m. to seven a.m.)
hours relative to daytime hours, and shall be computed as prescribed
by Title 25 of the Administrative Code of the state of California.
means a community services district which has the power to
construct and maintain streets, landscaping, or other public improvements
as appropriate with the context used.
The term "compatible" means capable of coexisting in harmony
or without significant conflict. A compatible land use will not cause
a significant detriment to the use, economic value, habitability and
enjoyment of residents, owners, workers, and/or patrons of any land
uses in the surrounding and adjacent area. In terms of building design,
compatible means consistent or in harmony with existing and planned
development.
Elements to be considered in the evaluation of compatibility
include, without limitation by this enumeration, style, mass, bulk,
size, use, occupancy, improvements, character, scale, texture, color
and other principles of design described in the city of Moreno Valley
design guidelines.
means the comprehensive general plan of the city of Moreno
Valley, including all elements thereof, as adopted by the city of
Moreno Valley.
means an estate in real property consisting of an undivided
interest in common in portion of real property, coupled with a separate
interest in space called a unit, the boundaries of which are described
on a recorded final map, parcel map or condominium plan in sufficient
detail to locate all boundaries thereof, and as more specifically
defined by California Civil Code Section 1351(f).
means a temporary sign announcing a future use or a project
under construction and identifying parties participating in the project.
means a use providing for storage and/or distribution of
supplies or construction of materials required in connection with
a business activity, public utility service, transportation service,
or similar activity.
means a use providing for storage and/or distribution of
supplies or construction of materials required in connection with
a business activity, public utility service, transportation service,
or similar activity. The use shall also include a permanent structure
on a foundation for office use on the site.
means a facility licensed by the State Department of Public
Health, the State Department of Social Welfare, or the county of Riverside,
which provides bed and ambulatory care for patients with postoperative
convalescent, chronically ill or dietary problems, and persons aged
or infirm unable to care for themselves; but not including alcoholics,
drug addicts, or persons with mental or contagious diseases or afflictions.
means a sign which conveys information such as "restrooms,"
"no parking," "entrance," or minor business identification for directional
purposes, and is designed to be viewed on site by pedestrians and/or
motorists.
means any retail establishment offering for sale prepackaged
food products, household items, and other goods commonly associated
with the same and having a gross floor area of less than 5,000 square
feet.
means any words, letters, numbers, figures, designs or other
symbolic representations incorporated into a sign.
See "Sign copy area."
means a road open at one end only, with special provisions
for turning around, and the further extension of which is precluded
by the land division design.
means any child day care facility, licensed by the state
of California, other than a family day care home, and includes infant
care centers, preschools, and extended day care facilities.
means a number in decibels read from a sound level meter
with the meter using the "A" weighting filter. The "A" weighting filter
de-emphasizes very low and very high frequency sounds in a manner
similar to the response of the human ear.
means a street open at one end only, without provisions for
turning around and which may be further extended into adjoining property.
means the number of dwelling units per net acre.
means the Department of Transportation of the state of California.
For purposes of Chapter 9.14 of this title, "design" means:
Street alignments, grades and widths;
Drainage and sanitary facilities and utilities, including alignments
and grades thereof;
Location and size of all required easements and rights-of-way;
Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational purposes; and
Such other specific physical requirements in the plan and configuration
of the entire land division as may be necessary to insure consistency
with or implementation of the comprehensive general plan and any applicable
specific plan.
means a sign used to direct and control vehicular or pedestrian
traffic and is located upon the same parcel of land as the use that
it is intended to serve. A subdivision directional sign shall not
be included in this category.
means a person with a disability to include any: (1) individual
with a physical or mental impairment that substantially limits one
or more major life activities; (2) individual with a record of such
impairment; or (3) individual who is regarded as having such an impairment.
means a business or activity that has ceased operation at
any given location for a continuous period of at least 60 days.
means a portion of the city within which the use of land
and structures and the location, height and bulk of structures are
governed by this title.
means a divided highway primarily for through traffic to
which access from abutting property shall be kept at a minimum. Intersections
with other streets or highways shall be limited to approximately one-quarter
mile intervals. Minimum right-of-way width shall be 110 feet.
means a roadway with two roadbeds.
means a six-lane divided highway primarily for through traffic
serving property zoned for major industrial, commercial and multiple
residential uses where anticipated traffic volumes exceed four-lane
capacity. Access from other streets or highways shall be limited to
approximately one-quarter mile intervals. Minimum right-of-way width
shall be 134 feet.
means a building intended or used principally for housing
students, where such building is related to an educational institution.
"Attached multifamily dwelling" means a building containing
two or more dwelling units.
"Single-family dwelling" means a building containing one
dwelling unit.
means a building or mobile home or portion thereof, which
contains living facilities for not more than one family, within which
one family has interior access to all parts of the dwelling. In the
case of residential care facilities with shared eating, cooking or
sanitation facilities, a dwelling unit is a building or portion thereof
that contains living facilities for 10 or less persons.
means a measurement from the limit of the public right-of-way
measured along a line equidistant from and parallel to the centerline
of the freeway or highway.
means public and other institutions conducting regular academic
instruction at kindergarten, elementary, secondary or collegiate levels,
and including graduate schools, universities, research institutions
and religious institutions. Such institutions must either offer general
academic instruction equivalent to the standards prescribed by the
State Board of Education, or confer degrees as a college or university
of undergraduate or graduate standing, or conduct academic or scientific
research, or give religious instruction. The definition does not include
commercial or trade schools.
means an attached unit for occupancy by no more than two
persons which have a minimum floor area of 150 square feet and which
may also have partial kitchen or bathroom facilities, as allowed in
Section 17958.1 of the Health and Safety Code.
means housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless
person. No individual or household may be denied emergency shelter
because of an inability to pay.
"Live entertainment," when used in this title in connection
with the performing arts and other methods of live performances by
entertainers, shall apply to the following activities where they occur
on a scheduled basis three or more days during a calendar year on
the site of a use other than a public or semi-public use:
A musical, theatrical or dance recital performed by one or more
persons, regardless of whether performers are compensated;
Any form of dancing by patrons or guests at a business establishment;
or
A fashion show, except when conducted within an enclosed building
used primarily for manufacture or sale of clothing.
means any note or notes required by the conditions of approval
to be shown on an environmental constraint sheet and reference made
thereto on the final map. This shall be required when constraints
involving (but not limited to) any of the following are conditioned
by the advisory agency or city council: archaeological sites, geologic
mapping, grading, building, building setback lines, flood hazard zones,
seismic lines and setbacks, fire protection, water availability or
sewage disposal, and signalization mitigation.
means a duplicate of the final map on which are shown the
environmental constraint notes. This sheet shall be filed simultaneously
with the final map, with the city engineer and labeled "ENVIRONMENTAL
CONSTRAINT SHEET" in the top margin. Applicable items will be shown
under a heading labeled environmental constraint notes. The environmental
constraint sheet shall contain the statement:
THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP
SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS OF THE
DATE OF FILING, AND DERIVED FROM PUBLIC RECORDS OR REPORTS AND DOES
NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS
BY THE PREPARER OF THIS MAP SHEET.
means a report complying with the requirements of and as
defined by the California Environmental Quality Act (CEQA) and its
implementing state guidelines. This term is synonymous with an environmental
impact statement (EIS) as defined in federal law.
means the search for minerals by geological, geophysical,
geochemical or other recognized techniques. These include, but are
not limited to, sampling, assaying, drilling or any surface or underground
works needed to determine the type, extent or quantity of minerals
present.
means a highway for through traffic to which access from
abutting property is restricted. Intersections with other streets
or highways shall be limited to approximately one-half mile intervals.
See "Wall sign."
means one or more individuals occupying a dwelling unit and
living as a single household unit.
means a home, licensed by the state of California, which
regularly provides care, protection and supervision of children, in
the provider's own home, for periods of less than 24 hours per day,
while the parents or guardians are away, and includes the following:
"Large family day care home,"
which means a home which provides family day care to seven
to 12 children, including children who reside at the home;
"Small family day care home,"
which means a home which provides family day care to six
or fewer children, including children who reside at the home.
"Farm projects" means not more than two cattle, horses, sheep,
goats or similar farm animals on parcels not less than 20,000 square
feet in size, and other small animals on smaller lots as specified
in this title, being fattened or trained in connection with the education
of a person as a member of a recognized farm education organization.
means a map used to parcelize undivided land, parcel maps,
or tract maps for non-build reasons.
means the chief of the fire protection agency or of any other
applicable district, agency or department of the city or designee
having jurisdiction for fire protection purposes in the area in which
a land division is located.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
means the person as determined by the area in which a land
division is located, as follows:
means an area having special flood, mudslide (i.e., mudflow)
and/or flood-related erosion hazards, as shown on a sectional district
map, flood insurance rate map (FIRM) or flood boundary and floodway
map.
mean the official maps on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
means the official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the boundaries
and the water surface elevations of the base floods.
means the collapse or subsidence of land along the shore
of a lake or other body of water or adjacent to a stream as a result
of erosion or undermining, caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water unanticipated force of nature, such as a flash flood or by an
abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding.
means the land area adjacent to a watercourse, and/or other
land areas susceptible to being inundated by water from any source
(see definition of "Flood" or "flooding").
means the channel of a river or other watercourse and that
part of the floodplain reasonably required to discharge the design
flood without cumulatively increasing the water surface elevation
more than one foot at any point assuming equal conveyance reduction
outside the channel from the two sides of the floodplain.
"Gross floor area" means the total enclosed area of all floors
of a building measured to the inside face of the exterior walls but
excluding area used exclusively for vehicle parking or loading.
"Net floor area" means the total building floor area excluding
garages, hallways, lobbies, elevators and other common spaces.
means the mathematical relation between volume of building
and unit of land expressed as the ratio of gross floor area of all
structures on a lot to total lot area. See Table 9.07.095-10 (Mixed-Use
Overlay District Development Standards) for FAR figures applicable
to the mixed-use overlay districts. See Figure 9.15.030-2 (Floor Area
Ratio).
|
Figure 9.15.030-2 Floor Area Ratio
 |
means any sign which is supported by one or more columns
or uprights embedded in the ground, and which is not attached to any
building or structure.
Freestanding sign shall be architecturally integrated with
the primary use on-site.
|
Figure 9.15.030-3 Freestanding Sign
 |
means a highway upon which there are no abutter's rights
of access, and which provides separated grades at intersecting streets.
"Major, secondary and/or residential frontage road" means
an auxiliary street adjacent to freeways, expressways, and flood control
channels and other rights-of-way which is used primarily to provide
public access to adjacent property. Minimum right-of-way width shall
be in accordance with the appropriate city standards.
means a temporary sign for an approved project which identifies
a future use of a site or building.
means a permanently roofed and enclosed structure with a
garage door which is intended to be used for automobile shelter and
storage.
"Subterranean garage" means a visually enclosed structure
or portion of a structure intended to be used for the storage of automobiles,
the maximum height of which is no greater than two and one-half feet
measured from the existing grade.
means a through street serving 50 or more single-family lots
or lot sizes of less than 7,200 square feet. It may also serve as
a private interior street in an industrial park. Minimum right-of-way
width shall be 60 feet.
"Existing grade" means the surface of the ground or pavement
at a stated location as it exists prior to disturbance in preparation
for a project regulated by this title.
"Finish grade" means the final grade of the site which conforms
to the approved plan.
means a temporary sign for a promotional activity used for
the original opening of a business at a particular location, within
30 days after occupancy, to inform the public of its location and
contribution to the community. Existing businesses may qualify for
an original opening if the ownership and the name of the business
is changed. "Grand opening" does not mean an annual or occasional
promotion of retail sales by a business or opening of a related store
at another location.
means any rented or leased room which is used or designed
to provide sleeping accommodations for one or more guests in apartments,
hotels, motels, private clubs, lodges and fraternal organizations.
In a suite of rooms, each room that provides access to a common hall
or direct access to the outside area shall be considered as one guest
room.
means multiple-family housing in which all of the dwelling
units serve physically handicapped persons. Handicapped housing is
characterized by doors, elevators, bathroom and kitchen facilities
designed to accommodate physically handicapped persons. Handicapped
housing does not include residential care facilities licensed by the
state of California.
refers to the solid, hard elements in landscape design that
stay the same for years. Examples of hardscape designs include patios,
decks, driveways, walkways, stairs, water features, retaining or garden
walls and outdoor kitchens. Many different materials are used in hardscape
designs including concrete, brick, slate and flagstone.
means any land which is covered with grass, grain, brush
or forest, whether privately or publicly owned, which is so situated
or is of such inaccessible location that a fire originating upon such
land would present an abnormally difficult job of suppression or would
result in great and unusual damage through fire or resulting erosion.
means the health officer of Riverside County.
means a vertical dimension measured from existing grade unless
otherwise specified.
means a right-of-way within which improvements are constructed
for the conveyance of vehicular, pedestrian and other permitted traffic
and includes all highways, streets, roads and alleys. Such rights-of-way
and improvements shall be in conformity with city of Moreno Valley
standards and specifications.
means a facility operated by a provider, other than a "community
care facility," as defined in the California Health and Safety Code
Section 1502, which provides temporary emergency shelter and/or an
intake office for homeless persons. An intake office is a facility
where homeless persons contact the provider and make arrangements
for obtaining shelter. A provider is a government agency or a private
nonprofit organization which provides temporary emergency shelter
for the homeless and that meets all of the applicable requirements
contained in the California Health and Safety Code and the California
Administrative Code.
means an occupation conducted in a dwelling unit, in a residential
district that is incidental to the principal residential use of a
lot or site.
See "Swimming pools, hot tubs and spas."
means any structure, or any portion of any structure, which
is occupied or intended or designed for use or occupancy by transients,
including, but not limited to, dwelling, lodging or sleeping purposes,
and includes any hotel, inn, tourist home or house, motel, studio
hotel, bachelor hotel, lodging house, rooming house, apartment house,
time-share project or facility, dormitory, public or private club,
mobile home or house trailer at a fixed location, or other similar
structure or portion thereof, duplex, triplex, single-family dwelling
units except any private dwelling house or other individually owned
single-family dwelling house unit rented only occasionally (infrequently)
and incidentally to the normal occupancy by the owner or his or her
family; provided, that the burden of establishing that the housing
or facility is a hotel as defined herein shall be upon the owner or
operator thereof who shall file with the tax administrator such information
as the tax administrator may require, to establish and maintain such
status.
means animals which are kept exclusively inside the residence,
except dogs and cats, and for which no outside cages or shelters are
required. These include, but are not limited to, snakes, birds (other
than fowls), guinea pigs, and other animals which are not offensive
to a residential neighborhood by nature of noise, odor or other objectionable
features.
"Direct illumination" means illumination by means of light
that travels directly from its source to the viewer's eye.
"Indirect illumination" means illumination by means only
of light cast upon a surface from a source from which the light does
not travel directly to the viewer's eye.
means any property used for the temporary storage of vehicles
which have been legally removed or impounded at the direction of a
peace officer or by judicial order, as prescribed by law. This definition
shall not be construed to include vehicle repair, dismantling, salvage
or wrecking activities, nor the sale of vehicles or parts.
means any street work surveys and monuments and utilities
to be installed, or agreed to be installed, by the land divider on
the land to be used for public or private streets, highways, and easements
as are necessary for the general use of the lot owners in the subdivision
and local neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final map thereof. Improvement
also means such other specific improvements or types of improvements,
the installation of which, either by the land divider, public agencies,
private utilities, by any other entity approved by the city of Moreno
Valley or its designated officer or entity, or by any combination
thereof, is necessary to insure consistency with, or implementation
of, the general plan and any applicable specific plan.
as herein referred to, means the formal subdivision improvement
agreements entered into with the city council of the city of Moreno
Valley by the subdivider or developer, as completed and executed by
both parties. Such agreements to set forth all requirements for improvement
of the subject subdivision, including roads, water supply systems,
drainage systems and devices, sewers, monuments or other work as set
forth therein.
means the standards set forth in this and other city ordinances
or regulations related to the development of land as a subdivision
or parcel map division.
means a three-lane interior, circulatory street with a continuous
left turn lane with at least one end connecting to a road of greater
capacity. Minimum right-of-way width shall be 78 feet.
Potential ways to integrate uses allowed in mixed-use development
include:
Vertical Integration.
A mix of nonresidential uses (i.e., commercial, retail, and/or
office) located on the ground floor with residential dwelling units
located above.
Horizontal Integration.
A mix of nonresidential uses located on the primary street
frontage of a lot and residential uses located at the rear of a lot.
means a sign inside any business that cannot be seen from
outside of the building in which the business is located or located
more than three feet of the window.
means an ADU that is fully contained within the existing
space of the primary structure or an accessory dwelling unit.
means a residential dwelling unit of no more than 500 square
feet that is completely contained within the space of an existing
residential structure. A junior accessory dwelling unit may include
separate sanitation facilities, or may share sanitation facilities
with the existing structure.
means an article in poor condition due to deterioration or
disrepair.
"Commercial kennel" means any property maintained for the
purpose of boarding, breeding, raising or training dogs or cats over
the age of four months for a fee or for sale.
"Noncommercial kennel" means any property where four or more
dogs or cats, over the age of four months, are kept or maintained
for the use and enjoyment of the occupant for noncommercial purposes.
shall be as defined by California Government Code Sections
66410 et seq., commonly known as the Subdivision Map Act, Division
2, Subdivision, Article 2, Definitions.
means a land division, as defined in Section 11000.5 of the
Business and Professions Code.
means an approval granted at the discretion of the community development director in connection with a building plan, landscape plan or other requested approval certifying that the proposal complies with applicable city ordinances, regulations and any applicable project conditions and where the findings are made by the community development director pursuant to Section 9.02.170(C) of this title.
means the city of Moreno Valley development code as amended.
means a state license issued under this title, and includes
an A-license and an M-license, as well as a testing laboratory license.
means any person holding a license under this title, regardless
of whether the license held is an A-license, M-license, or a testing
laboratory license.
"Minimum maintained lighting" means a method of measuring
light at the ground level.
|
Figure 9.15.030-4 Lighting (Minimum Maintained)
 |
means any artificial light or glare from a light fixture
onto neighboring property that interferes with viewing of the night
sky, or eliminates the ability to have darkness on the adjacent property,
or shines into neighboring windows, properties or structures.
means and includes cows, bulls, calves and heifers, except
pigs.
means a structure or complex of structures that integrates
space for both residential and nonresidential uses within individual
units.
means a unit with both residential and nonresidential uses
and where neither use is subordinate to the other.
A "lodge hall" consists of a building where a nonprofit fraternal
organization holds meetings and social gatherings. A fraternal organization
is a group of people formally organized for a common interest and
generally characterized by membership qualifications, payment of fees
or dues, a constitution and by-laws.
means a designated parcel, tract or area of land established
by plot, subdivision or as otherwise permitted by law, to be used,
developed or built upon as a unit.
means the area within the lot lines after dedication. See
"Acreage (Adjusted Net)."
"Corner lot" means a site bounded by two or more streets
that have an angle of intersection of not more than 135 degrees. The
front yard of a corner lot shall adjoin the narrowest street property
line.
means the ratio between the ground floor area of the building
or buildings and the lot area. Lot coverage shall be exclusive of
steps, chimneys, unenclosed and unroofed terraces and patios.
means the horizontal distance between the midpoint of the
front lot line and midpoint of the rear lot line.
"Double frontage lot" means a lot having frontage on two
parallel streets, or which fronts upon two streets which do not intersect
at the boundaries of the lot.
"Flag lot" means a lot with access to a street by a portion
of the lot not meeting the requirement of the code for lot width,
but having a dimension of at least 35 feet at its narrowest point.
"Interior lot" means a lot other than a corner lot.
"Key lot" means the first interior lot to the rear of a reversed
corner lot.
"Reversed corner lot" means a corner lot having a side lot
line which is substantially a continuation of the front lot line of
a lot to its rear.
"Front lot line" or "front property line" means, in the case
of an interior lot, a line separating the lot from the street. In
the case of a corner lot, the front lot line shall be the narrowest
frontage separating the lot from the street.
"Rear lot line" or "rear property line" means any lot line
that is not a front lot line or a side lot line. In the case of a
triangular or otherwise irregularly shaped lot, a line or lines 10
feet in length entirely within the lot, parallel to and a maximum
distance from the front lot line.
"Side lot line" or "side property line" shall be determined
as those two lines which intersect the rear line of the required front
yard setback and extend to the rear property line(s) of the lot. In
the case of an irregularly shaped lot, only the two lines which intersect
the rear line of the required front yard setback line shall be side
property lines.
|
Figure 9.15.030-5 Lot/Property Line
 |
means a minor alteration, as approved by the city engineer,
to adjust a lot line or lot lines. It is not a subdivision or resubdivision
procedure and is intended to be used only in those situations where
the provisions of the Subdivision Map Act and this title applicable
to subdivisions and resubdivisions do not apply.
means the average horizontal distance between the side lot
lines, measured at right angles to the lot depth at a point midway
between the front and rear lot lines.
means those roads designated as an expressway, divided major
arterial, modified divided major arterial, divided arterial, arterial
and minor arterial as described in this title and reflected in the
circulation element of the general plan and whose primary purpose
is to carry the through traffic and provide a network connecting to
or which is part of the state highway system.
means a factory built home as permitted by California law.
"Custom manufacturing"
activities include, but are not limited to, assembly, manufacturing,
processing, packaging, treatment or fabrication of custom made products.
These types of businesses do not utilize raw materials for their finished
products, but rather, may utilize semi-finished types of manufactured
materials for their custom made-to-order products. The finished products
are ready for use or consumption and may include on-site wholesale
and warehousing of the goods produced. Uses may include, but are not
limited to, manufacturing and warehousing of apparel products; art
objects; jewelry; household furniture; small instruments (musical,
electrical or photographic); stationery and related products; signs
and advertising displays; stained glass products; leather products;
and assembly of bicycle parts.
"Custom manufacturing"
activities do not produce odors, noise, vibration, hazardous
waste material or particulates which would adversely affect other
uses in the structures or on the same site.
"General manufacturing" activities include, but are not limited
to, assembly, manufacturing, compounding of materials, packaging,
treatment or fabrication of materials and products which require frequent
large container truck traffic or the transport of heavy, bulky items.
Products are semi-finished to become a component for further manufacturing,
fabrication and/or assembly. These types of businesses are usually
directed to interplant transfer, or to order from industrial uses,
rather than direct sale to the end consumer. Uses may include, but
not be limited to, canned foods, furniture and fixtures, converted
paper and paper board products, textile products, plastic products
made from purchased plastic, resin or rubber products, fabricated
metal products made from sheet metals, electrical and electronic machinery,
equipment and supplies, accounting, computing and office machines.
Activities may only produce noise, odors, vibrations, illumination
or particulates that have been mitigated so as not to affect the persons
residing in or conducting business in the vicinity.
"Light manufacturing" activities include, but are not limited
to, assembly, labor intensive manufacturing, fabrication or repair
processes which do not involve large container truck traffic or transport
of large scale bulky products. New products may be finished in that
the product is ready for use or consumption or it may be semi-finished
to become a component for further assembly and packaging. These types
of businesses are usually directed to the wholesale market, inter-plant
transfer rather than direct sale to the consumer. Uses may include,
but not be limited to, electronic microchip assembly; printing, publishing
and allied industries; candy and other confectionery products; bottle,
canned soft drinks and carbonated water; apparel and other finished
products; paper board containers and boxes; drugs; small, fabricated
metal products such as hand tools, general hardware, architectural
and ornamental metal works; amusement, toys, sports and athletic goods.
These activities do not produce odors, noise, vibration, hazardous
waste material or particulates which would adversely affect other
uses in the structure or on the same site.
means the portion of a divided highway separating the traveled
way for traffic in opposite directions.
means an intermediate floor between main floors of a building.
The floor often projects from the walls and does not completely close
the view of the ceiling from the floor immediately below. A mezzanine
floor and the floor below it share the same ceiling.
means the surface, subsurface and groundwater of an area
where surface mining operations will be, are being, or have been conducted.
This includes private ways and roads appurtenant to any such land
excavations, workings, mining waste, and areas where structures, facilities,
equipment, machines, tools or other materials or property which result
from, or are used in, surface mining operations are located.
means any naturally occurring chemical element or compound,
or groups of elements and compounds, formed from inorganic processes
and organic substances. These include, but are not limited to, sand,
gravel, coal, peat and bituminous rock, but exclude geothermal resources,
natural gas and petroleum.
means the residual of soil, rock, mineral, liquid, vegetation,
equipment, machines, tools, or other materials or property directly
resulting from, or displaced by, surface mining operations.
A "mini-warehouse" means a facility containing separate storage
spaces leased or rented to individual tenants who have access to such
space for the purpose of storing and removing personal property. Mini-warehouses
are also known as self-storage warehouses and self-service storage
facilities. A mini-warehouse is not to be construed as a small, conventional
warehouse.
means a highway intended to serve through traffic and where
access rights are restricted. Minimum right-of-way width shall be
88 feet. Intersections with other streets and highways shall be as
approved by the city engineer.
means development that combines two or more types of land
uses (e.g., residential, commercial, office, industrial, institutional,
or recreation) on a single development site, but not necessarily in
the same building; typically nonresidential uses are located adjacent
to the street and residential uses are located away from major streets
behind nonresidential uses.
means a land use designation (zoning district) that allows
a combination of uses, which may include residential, commercial,
office, industrial, institutional, or recreational uses.
means development that combines two or more types of land
uses (e.g., residential, commercial, office, industrial, institutional,
or recreation) in a single building in a vertical configuration, typically
with residential uses located above nonresidential uses.
means a structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
means a development where spaces are provided for rent or
lease to accommodate mobile homes that are used for residential purposes.
means an automobile, truck, trailer or van, licensed by the
Department of Motor Vehicles, which is used for the collection of
recyclable materials. A mobile recycling center also means the bins,
boxes or containers transported by trucks, vans or trailers, and used
for the collection of recyclable materials.
means a six-lane divided highway primarily for through traffic
where anticipated traffic volumes exceed four-lane capacity and where
access rights are restricted. Access from other streets or highways
shall be limited to approximately one-quarter mile intervals. Minimum
right-of-way width shall be 102 feet.
means a sign supported permanently on the ground by columns,
pilasters, or similar details to provide design interest and complement
their surroundings. Monument signs shall incorporate landscaping to
screen the base. Landscaping around monument signs should be designed
to ensure the long-term readability of the sign.
|
Figure 9.15.030-6 Modified Monument Sign
 |
means a sign, of which all or a portion, may move either
on an intermittent or constant basis.
means any organic material such as leaves, bark, straw, compost,
or inorganic mineral materials such as rocks, gravel, and decomposed
granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion. In mulched planting areas,
the use of low volume irrigation is required to maximize water infiltration
into the root zone.
means an ADU consistent with state law that is proposed on
the same parcel with a multifamily structure in a residential, mixed
use zone, or specific plan zone that allows for residential or mixed
use.
means, for the purposes of ADU law, a structure with two
or more attached dwellings on a single lot.
means projected traffic volume which will exceed the nominal
capacity of a two-lane street section when such projected traffic
volume is determined by a rational method of traffic generation employing
land use techniques and traffic engineering principles.
See "Acreage (Adjusted Net)."
means a bar, tavern, restaurant or similar establishment
that provides live entertainment (music, comedy, etc.) that may serve
alcoholic beverages for sale, where the performance area exceeds 75
square feet, or customer dancing occurs.
means a lot which when lawfully created or established, complied
with the area requirements of the district where located, but which
does not conform to the presently existing area regulations of the
district where located, or which does not conform to the presently
existing requirements of the subdivision regulations governing lot
standards.
means an existing and lawfully constructed and maintained outdoor advertising display not in conformance with Ordinance No. 133 as of July 9, 1987, and any legally constructed and maintained outdoor advertising display established after July 9, 1987 which is not in conformance with Chapter 9.12 of the Moreno Valley Municipal Code as of the date said chapter became effective.
means all existing and lawfully constructed and maintained signs: (1) which did not comply with Interim Ordinance 348 (the zoning ordinance in effect prior to adoption of this title) immediately prior to the adoption of this title and which still do not comply with the provisions of Chapter 9.12 of this title; or (2) which do not now comply with the provisions of this title.
means a structure which was lawfully erected, but which does
not conform with the standards for the district in which the structure
is located by reason of adoption or amendment of a prior zoning or
land use ordinance or this title.
means a lawfully established and maintained use which does
not conform with the use standards for the district in which the use
is located by reason of adoption or amendment of a prior zoning or
land use ordinance or this title.
means offices of firms or organizations providing professional,
executive management or administrative services such as architectural,
engineering, real estate, insurance, investment, legal and medical/dental
offices. This classification includes medical/dental laboratories
incidental to an office use, but excludes banks and savings and loan
associations.
means a sign that directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing other
than upon the same lot where the sign is displayed.
means a sign which directs traffic to an off-site subdivision
within the city.
means a site or portion of a site devoted to the loading
or unloading of motor vehicles or trailers, including loading berths,
aisles, access drives and landscaped areas.
means a site or portion of a site devoted to the off-street
parking of motor vehicles, including parking spaces, aisles, access
drives and landscaped areas.
means a structure or sign that is erected or maintained to
advertise goods sold, business conducted, or services rendered on
the site upon which the sign is located.
means a sign which identifies the subdivision upon which
the sign is located.
"Common open space" means usable open space within a residential
development reserved for the exclusive use of residents of the development
and their guests.
"Private open space" means a usable open space adjoining
and directly accessible to a dwelling unit, reserved for the exclusive
use of residents of the dwelling unit and their guests.
"Usable open space" means outdoor space unobstructed from
ground to sky, which serves a recreational function or provides visual
relief from the building mass, the minimum dimension of which shall
be six feet excluding required front yard.
means a facility designed and equipped for the conduct of
outdoor sports, leisure time activities and other customary and usual
recreational activities, and which includes public and private facilities.
means the area between the traveled way of a highway for
through traffic and a frontage road or service road.
means the soil, rock or other materials that lie above a
natural mineral deposit or in between deposits, before or after their
removal by surface mining operations.
means any of the following:
A person with an aggregate ownership interest of 20% or more
in the person applying for a license or a licensee, unless the interest
is solely a security, lien, or encumbrance.
The executive officer of a nonprofit or other entity.
A member of the board of directors of a nonprofit.
An individual who will be participating in the direction, control,
or management of the person applying for a license or who has a financial
interest in the business other than a fixed lease of real property.
See "Land divisions."
as used herein, means a parcel or parcels of land, which
is open and available for use by the general public and which serves
recreational needs of the public.
means the area adjoining the outer edge of the roadbed, extending
to the right-of-way line in which sidewalks, plantings, utilities,
bank slopes and related facilities may be located.
means any street in which the improved width is less than
the width necessary for a normal full-width street.
means a sign other than the main business identification
sign and which is oriented to pedestrian traffic. Such sign shall
not include any business related advertising information.
means a right-of-way designed for use by pedestrians and
not intended for use by motor vehicles. A pedestrian way or sidewalk
may be located within or outside a street right-of-way, at grade,
or grade separated from vehicular traffic.
means any paving or surfaces that allow stormwater to infiltrate
the underlying soils. Permeable paving/surfaces are required to be
contained so neither sediment nor the permeable surface discharges
off the site. Materials allowed include, but are not limited to, porous
asphalt, porous concrete, single-sized aggregate, planting beds, open-jointed
blocks, stone, pavers or brick that are loosely set without mortar.
means parking spaces that are covered by the ground floor
of a building and are completely enclosed by walls. Podium parking
may occur at or below the grade of the adjacent sidewalk.
means a temporary sign relating to a candidate or ballot
measure to be voted upon or signs which express a point of view on
an issue of public debate or controversy which may or may not necessarily
be the subject of an upcoming election.
means a building or portion thereof having within its premises
four or more pool tables or billiard tables, or combination thereof,
regardless of size, and whether activated manually or by the insertion
of a coin, token or other mechanical device.
means any sign not permanently affixed either to land or
a structure.
means and includes all commonly domesticated birds kept for
eggs or meat, and shall not include roosters, guinea fowl or peafowl.
Pigeons shall be classified as fowl.
means in existence prior to the effective date of the ordinance
enacting this title.
means the designated structure or structures and land specified
in the application that is owned, leased, or otherwise held under
the control of the applicant or licensee where the commercial cannabis
activity will be or is conducted. The premises shall be a contiguous
area and shall only be occupied by one licensee unless the operator
is granted an M-license and an A-license for the same type of activity
and such operation is lawful under state and local laws, rules and
regulations.
means, for the purposes of ADU law, a structure with a single
dwelling on a single lot.
means and includes any of the following:
Land which qualifies for rating as Class I or Class II in the
soil conservation service land use capability classifications;
Land which qualifies for rating 80 through 100 in the Storie
Index Rating;
Land which supports livestock used for production of food and
fiber and which has an annual carrying capacity equivalent to at least
one animal unit per acre as defined by the United States Department
of Agriculture;
Land planted with fruit or nut-bearing trees, vines, bushes
or crops which have a nonbearing period of less than five years and
which will normally return during the commercial bearing period on
an annual basis from the production of unprocessed agricultural plant
production not less than $200 per acre; or
Land which has returned from the production of unprocessed agricultural
plant products an annual gross value of not less than $200 per acre
for three of the previous five years.
"Private interior street" means a residential street limited
by subdivision design to serve less than 50 single-family dwellings
or a circulatory private street in a planned residential development.
Minimum right-of-way width shall be 50 feet.
means any privately-owned property.
means a street within a private development or a planned
residential development, which is not a public street, and where the
street requirements are regulated by this title.
means single-family residential dwelling units which are
constructed in accordance with approved model home plans.
means a sign that is wholly or partly dependent upon a building
for support and which projects more than eight inches from such building.
means a sign erected on a temporary basis to promote the
sale of new products, new management, new hours of operation, a new
service, or to promote a special sale at that location or address.
has the same meaning as "exploration."
means where public access rights between a parcel of property
and an adjacent public street or highway have been legally established
by dedication or conveyance and acceptance or otherwise expressly
established and approved by the city engineer.
means traffic controls, streets, roads, highways, freeways,
bridges, overcrossings, street interchanges, flood control or storm
drain facilities, sewer facilities, reclaimed water facilities, lighting
facilities, parks and equestrian trails.
means any publicly owned streets, roadways, sidewalks, parks,
plazas, and other open spaces that comprise the shared space of a
city for its visitors, employees and residents. It is the space between
buildings where civic interaction occurs and is defined in contrast
to private property.
means a use operated or maintained exclusively by a public
body for the benefit of the public, such use having the purpose of
serving the public health, safety or general welfare; this term includes
uses by or for the benefit of the public such as (but not limited
to) public schools, parks, streets and ways, playgrounds, hospitals,
and administrative and service facilities.
means a raised concrete area upon which fuel dispensing pumps
are situated to allow for the dispensing of fuel to a vehicle.
means a use owned or operated by a nonprofit, religious or
eleemosynary institution and providing educational, cultural, recreational,
religious or similar types of public programs.
means a temporary sign advertising real property for sale,
rent or lease.
means the combined process of land treatment that minimizes
water degradation, air pollution, damage to aquatic or wildlife habitat,
flooding, erosion, and other adverse effects from surface mining operations,
including adverse surface effects incidental to underground mines.
Mined lands are reclaimed to a usable condition which is readily adaptable
for alternate land uses, and creates no danger to public health or
safety. The process may extend to affected lands surrounding mined
lands, and may require backfilling, grading, resoiling, revegetation,
soil compaction, stabilization or other measures.
means the recorder of Riverside County.
means reusable material, including, but not limited to, metals,
glass, plastic and paper, which are intended for reuse, remanufacture
or recycling for the purpose of using the altered form. Recyclable
material does not include refuse or hazardous materials.
means a center for the collection and/or processing of recyclable
materials. A certified recycling facility or certified processor means
a recycling facility certified by the California Department of Conservation
as meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986. A recycling facility does not include
storage containers or processing activity located on the premises
of a residential, commercial or manufacturing use and used solely
for the recycling of material generated by that residential property,
business or manufacturer. Recycling facilities may include the following:
means a building or enclosed space used for the collection
and processing of recycling materials. Processing means the preparation
of material for efficient shipment, or to an end-user's specifications,
by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning, and manufacturing.
Recycling processing facilities include the following:
A light processing facility occupies an area of under 45,000
square feet of gross collection, processing and storage area and has
up to an average of two outbound truck shipments per day. Light processing
facilities are limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source-separated recyclable materials
and repairing of reusable materials sufficient to qualify as a certified
processing facility. A light processing facility shall not shred,
compact or bale ferrous metals other than food and beverage containers.
A heavy processing facility is any processing facility other
than a light processing facility.
means a sign which identifies the residential occupants,
such as, "The Smiths."
means a sign which identifies the name of a residential complex,
such as, "Moreno Arms."
means a place of business which sells or serves food products
and beverages for consumption on the premises within a building consisting
of a permanent structure that is fully enclosed with a roof and walls,
and where incidental dining may be permitted out-of-doors on a patio,
deck or terrace that is integrated into the building design.
"Drive-through restaurant" means a place of business which
sells food products or beverages, and which delivers such food products
or beverages to customers outside of the building in which they are
prepared by means of a service window, counter, or similar method
or device.
"Fast food restaurant" means any establishment whose principal
business is the sale of foods, frozen desserts or beverages in ready-to-consume
individual servings, for consumption either within the restaurant
building or for carry-out, and where either: (1) foods, frozen desserts
or beverages are usually served in paper, plastic, or other disposable
containers, and where customers are not served their food, frozen
desserts or beverages by a restaurant employee at the same table or
counter where the items are consumed; or (2) the establishment includes
a drive-up or drive-through service facility or offers curb service.
means a restaurant that provides incidental entertainment,
such as musical performances, where the performance area does not
exceed 75 square feet, and customer dancing does not occur. The use
shall be classified as a nightclub (commercial entertainment) if the
performance area exceeds 75 square feet or customer dancing is provided.
Live entertainment does not include a sexually oriented business.
means a situation where no on-street parking is permitted
along the street frontage, or where on-street parking is prohibited
during specified hours on certain days or on all days.
are classified as establishments primarily engaged in selling
goods or merchandise to the general public for personal, business,
or household consumption and rendering services incidental to the
sale of such goods. Some characteristics of retail sales establishments
include places of business that engage in activities to attract the
general public to buy, receive, sell merchandise and may process,
repair, or manufacture some of the products, such as, but not limited
to, jewelry, baked goods, apparel, pottery, or consumer electronics,
where such processing, repair, or manufacturing is incidental or subordinate
to sale activities. Uses considered objectionable or a nuisance may
be denied by the community development director. Uses requiring an
adult business use permit are not included under "retail sales."
A "reverse vending machine"
means an automated mechanical device which accepts at least
one or more types of empty beverage containers including, but not
limited to, aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value not less than
the container's redemption value as determined by the state. A reverse
vending machine may sort and process containers mechanically, provided
that the entire process is enclosed within the machine. In order to
accept and temporarily store all three container types in a proportion
commensurate with their relative redemption rates, and to meet the
requirements of certification as a recycling facility, multiple grouping
of reverse vending machines may be necessary.
A "bulk reverse vending machine"
refers to a reverse vending machine that is larger than 50
square feet; is designed to accept more than one container at a time;
and will pay by weight instead of by container.
means a modification of an approved tentative map wherein
the design of the land division is changed from the approved tentative
map, but there is no substantial change in concept from the original
approved map.
means the entire width of property for the use of highways,
flood and drainage works, overhead and underground utilities or any
related or consistent improvements.
means that portion of the roadway extending from curb-face
to curb-face or from curb-face to the outside line of improved shoulder,
or between the outside line of improved shoulders.
means that portion of the highway including roadbed, all
slopes, side ditches, channels, waterways and all other related facilities
which are located within a road right-of-way.
means any sign or a portion thereof located on or extending
over or above the roof of a building and either supported by the roof
or by an independent structural frame.
means a can sign constructed in such a manner that the shape
of the cabinet conforms to the outline of the letters or other characters
to be displayed.
means an area inside a building designed for the maintenance,
repair or servicing of a vehicle.
See "Frontage road."
means where certain parking spaces can be utilized by two
or more different uses.
"Integrated shopping center" means two or more parcels of
land that are visually designed to operate as a single center containing
cross easements, shared parking facilities and shared access.
means a device, fixture, surface or structure of any kind
or character, made of any material whatsoever, displaying letters,
numbers, words, text, illustrations, symbols, forms, patterns, colors,
textures, shadows or lights; or any other illustrative or graphic
display designed, constructed or placed on the ground, on a building,
canopy, wall, post or structure of any kind, in a window, or on any
other object for the purpose of advertising, identifying or calling
visual attention to any place, structure, firm, enterprise, profession,
business, service, product, commodity, person, idea, activity or other
message. "Sign" shall include any portable sign. The term does not
include a religious symbol on a church or other place of worship.
The area of a sign shall be the entire area that encloses
the outside limits of the sign, including the sign copy area and any
frame, border, background area, structural trim, or other material
forming an integral part of the sign.
The "sign copy area" shall be the area that encloses the
extreme limits of the area available for displaying the desired message.
The sign copy area includes both the written message and the background
against which the message can be displayed.
means the vertical dimension measured from the average finished
grade level under the sign to the highest point of the sign copy area.
means that area of a sign which contains the advertising
copy or conveys a message.
means the vertical dimension measured from the top of curb
or curb design, at the property line nearest to the sign, to the highest
point of the sign.
means an ADU consistent with state law that is proposed on
the same parcel with a single family structure in a residential, mixed
use zone, or a specific plan zone that allows for residential or mixed
use.
means, for the purposes of ADU law, a structure with a single
dwelling on a single lot.
means holding record title, possession under a contract to
purchase or possession under a lease, by a person, firm, corporation
or partnership, individually, jointly, in common or in any other manner
where the property is or will be under unitary or unified control.
means a structure consisting of six or more units, each of
which is designed for occupancy by no more than two persons, which
also has bathing facilities, which may or may not have partial kitchen
facilities, and which is occupied as a primary residence by its occupants.
The definition of SRO does not include residential care homes, senior
housing projects, rooming and boarding houses, hotels and motels,
bed and breakfast lodging, extended care facilities or hospitals.
means a lot or group of contiguous lots not divided by an
alley, street, other right-of-way or city boundary line that is proposed
for development in accordance with the provisions of this title, and
is in a single ownership or has multiple owners, all of whom join
in an application for development.
shall mean a retail establishment, commonly known as a smoking
shop, smoking lounge, vape shop, hookah bar, cigar bar, cigar shop,
or headshop, which provides or sells products intended or designed
for use in ingesting, inhaling, or otherwise introducing tobacco into
the human body, including but not limited to tobacco products, electronic
cigarettes which contain nicotine and emit smoke or vapor, smoking
accessories, including but not limited to rolling papers, rolling
machines, herb grinders, scales, glass pipes, hookah pipes, bongs,
bubblers, or other paraphernalia.
See "Swimming pools, hot tubs and spas."
means an establishment in a fixed location where massage is performed for compensation pursuant to all applicable state and local laws, rules and regulations as well as meeting all the requirements of Chapter 11.96 (Spa Facilities). Spa facilities may include additional services such as full service hair salons, make-up consultation and application and manicure and pedicure services, and therapeutic treatments such as body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, non-surgical face lifts, electrical toning and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine and exercise facilities and instruction may also be provided as additional services.
means a temporary sign which advertises special events and
activities such as charitable events, Christmas tree sales, and firework
displays.
means a plan adopted by the city council of the city of Moreno
Valley that is based upon and implements the general plan of the city
of Moreno Valley, as provided in Section 65450 et seq., of the California
Government Code.
"Commercial stable" means a stable for horses, mules or ponies
which are rented, used or boarded on a commercial basis for compensation.
means and includes the employees of the city of Moreno Valley
public works and community development departments and fire prevention
bureau.
"One hundred-year frequency storm" means a storm that has
a one percent chance of occurring in any given year. It does not follow,
however, that such a storm will be equaled or exceeded once in every
one hundred-year period, or that having occurred once, it will not
occur again for 100 years. It may occur several times in a one hundred-year
period, but over a sufficient length of time the average is expected
to be once in 100 years.
means that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
above. The basement or cellar shall not be considered a story unless
the upper surface of the floor above is more than six feet above the
average level of the highest and lowest points of the ground surface
immediately adjacent to the exterior walls of the building.
See "Highway or street."
means any change in or alteration to a structure involving
change in or alteration to a bearing wall, column, beam or girder,
floor or ceiling joists, roof rafters, roof diaphragms, foundations,
piles, retaining walls, or similar components.
means anything constructed or erected that requires a location
on the ground, including a building or a swimming pool, but not including
a fence or a wall used as a fence if the height does not exceed six
feet, or access drives or walks.
"Accessory structure" means a structure that is accessory
or incidental to a dwelling on the same lot.
"Main structure" means a structure housing a principal use
of a site or functioning as a principal use.
"Motion Picture/Film Studio" means a facility utilizing on-site,
indoor or outdoor locations for the filming of motion pictures, television
programs and music videos. A studio may include limited housing for
temporary use during filming operations.
means a person, firm, corporation, partnership or association
who proposes to divide, divides or causes to be divided real property
into a subdivision for himself or herself or for others, except that
employees, agents and consultants of such persons or entities, acting
in such capacity, are not "subdividers."
See "Land divisions."
means and includes: street alignments, grades and widths;
drainage and sanitary facilities and utilities, including alignments
and grades thereof; location and size of all required easements and
rights-of-way; fire roads and firebreaks; lot size and configuration;
traffic access; grading; land to be dedicated for park or recreational
purposes; and such other specific physical requirements in the plan
and configuration of the entire subdivision as may be necessary to
ensure consistency with, or implementation of, the general plan or
any applicable specific plan.
See "Improvement."
means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
are classified as establishments primarily engaged in retail
services that support major business, corporate, and administrative
office rather than general community retail needs. These uses include
art galleries, art studios, art supply shops, assayer, and florist
shops and similar uses. Uses requiring an adult business use permit
are not included under "support retail sales."
means all, or any part of, the process involved in the mining
of minerals on mined lands by removing overburden and mining directly
from the mineral deposits, open-pit mining of minerals naturally exposed,
mining by the auger method, dredging and quarrying, or surface work
incidental to an underground mine. Surface mining operations shall
include, but are not limited to:
means parking spaces that are not covered by a building and
are not enclosed by walls. Surface parking is also known as a "parking
lot."
means water-filled enclosures having a depth of 18 inches
or more used for swimming or recreation.
means parking space configuration where two or more parking
spaces are lined up one behind the other.
means a sign erected for a temporary purpose attracting attention
to an activity, product or other idea or message as provided for in
this title.
means improvements to existing structures installed for the
benefit of the proposed occupant and user of an office, commercial
or industrial property. The occupant and user may be the property
owner, a tenant or lessee. The improvements may involve the interior
or exterior of the structure.
means a map made for the purpose of showing the design and
improvement of a proposed land division and the existing conditions
in and around it and need not be based upon an accurate or detailed
final survey of the property.
"Revised tentative map" means a modification of an approved
tentative map wherein the design of the subdivision is changed from
the approved tentative map, but there is no substantial change in
concept from the original approved map.
means that portion of the roadway for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
"Large truck" means a truck weighing 10,000 pounds or more
unloaded.
means parking spaces that are covered by the upper floor
of a building, but are otherwise open.
means that portion of a structure between the floor and ceiling
which is wholly or partly below grade and having more than one half
of its height below grade.
means a sign which is placed, attached or mounted to a vehicle
which is parked on or adjacent to any property, the principal purpose
of which is to attract attention to a product or service sold or an
activity or business located on such property or to an idea or other
message.
means any property used for the storage of vehicles. This
classification does not include vehicle repair, dismantling, salvage
or wrecking activities, nor the sale of vehicles or parts.
means a map which meets the requirements of a tentative map that has printed conspicuously on its face the words "Vesting Tentative Map" and is processed in accordance with Section 9.14.060 of this title.
means likely to be noticed by a person of average height
walking on an adjacent street or sidewalk or traveling in a vehicle
on an adjacent street or highway two years after installation of any
planting screening material intended to screen a view.
means any sign affixed to a building facing in such a manner
that the face of the sign is substantially parallel to the plane of
the building facing.
|
Figure 9.15.030-7 Wall Sign
 |
means the selling of any type of goods for purpose of resale.
means any sign, exposed to public view, which is attached,
painted, or pasted, or is located within three feet, either permanently
or temporarily, on or of the interior or exterior of a window.
means any facility used for the dismantling of vehicles.
Activities normally include the buying and selling of inoperative
vehicles, their parts or component materials and the storage thereof.
means an open space on the same site as a structure, unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this title, including a front yard, side yard, rear yard or court
between structures.
"Front yard" means a yard extending across the full width
of a site, the depth of which is the minimum horizontal distance between
the front property line and a line parallel thereto on the site.
"Rear yard" means a yard of the required width extending
the full width across the site, from side yard to side yard measured
parallel from the rear property line, the depth of which is the minimum
horizontal distance between the rear property line and a line parallel
thereto on the site.
"Side yard" means a yard of the required width extending
from the rear line of the required front yard measured parallel from
the side property line of the lot extending to the rear property line.
|
Figure 9.15.030-8 Setbacks and Yard Areas
 |
 |
(Ord. 359, 1992; Ord. 398 §§ 1.7, 1.10, 1993; Ord. 405 § 1.3, 1993; Ord. 406 § 1.2, 1993; Ord. 428 § 1.3, 1994; Ord. 475 § 1.4, 1995; Ord. 488 §§ 1.4, 1.14,
1996; Ord. 513 § 1.3,
1997; Ord. 545 § 2.5,
1998; Ord. 560 § 2.2,
2000; Ord. 590 § 2, 2001; Ord. 613 § 4, 2002; Ord. 633 § 2, 2003; Ord. 694 § 1.1, 2005; Ord. 698 § 3.1(f), 2005; Ord. 757 §§ 2.1, 2.1.3, 2008; Ord. 759 § 5.2, 2007; Ord. 810 § 3.5, 2010; Ord. 851 § 1.3, 2012; Ord. 864 § 3.3, 2013; Ord. 869 §§ 3.1, 3.4, 3.7, 2013; Ord. 894 § 5, 2015; Ord. 912 §§ 6, 18, 2016; Ord. 917 § 6, 2016; Ord. 928 § 7, 2018; Ord.
932 § 3, 2018; Ord. 984 § 3, 2022; Ord. 999 § 14,
2023; Ord. 1013, 6/25/2024)
