An area delineated on the site plan to which all clearing and land disturbance for construction of access must be defined
The right, claim, title, or privilege of access, by pedestrians or vehicles, or a public road or way
Accessible services, structures, or facilities are those which may be entered and used by individuals despite handicapping conditions. Accessibility also includes responding to the needs of people with sight or hearing disabilities, in addition to those with developmental, activity, manual, or mobility impairments, so that they may enjoy the full and free use of those services, structures, or facilities.
An accessory building is a subordinate building, the use of which is incidental to that of the main building or main use of the land. The use of an accessory building may be for either a primary or an accessory use allowed by the appropriate Land Use District. An accessory building shall be located on either the same parcel as the main building or main use or shall be located on a contiguous abutting parcel that is owned by the same owner who owns the parcel which has the main building or use. An accessory building shall always exist in conjunction with and never without a legally established main building or main use that has the same common owner.
An accessory use is a subordinate use which may be permanent or temporary. The use is incidental and supported by the primary use. An example of an accessory use is a carport or garage for a single family dwelling.
The decision made by the Responsible Agency on Land Use Applications, coupled together with the appropriate findings, environmental determination, and Conditions of Approval
Any Business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, either by law or by the operators of such businesses, provided that any business licensed by the State Department of Alcoholic Beverage Control shall not be an Adult-Oriented Business unless it complies with another definition within this section; and/or any businesses where employees or patrons expose “specified anatomical areas” or engage in “specified sexual activities”; and/or any businesses or establishments which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas.” “Adult-Oriented Business” shall have the same meaning in all respects as “Sexually-Oriented Business” and shall be subject to all conditions and requirements of a “Sexually-Oriented Business.” These types of businesses shall not include the following: any bona fide medical establishment operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients; any massage establishment, the clientele of which consists substantially of persons referred to the establishment in writing for massage therapy by physicians, surgeons, chiropractors, or osteopaths duly licensed to practice their respective professions in the State of California, provided that the massage establishment retains such written referrals in its records for a period of not less than three years and makes such written references available for inspection by the County Health Officer or his designated representative at all times during the normal business hours of operation of the massage establishment; and an athletic club, health club, school, gymnasium, State-licensed cosmetology or barber establishment, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Adult-Oriented Businesses shall include, but shall not be limited to, the following:
"Adult Bookstore/Adult Video Store/Adult Novelty Store."(1) (2)
Any establishment which on a regular and substantial basis sells or rents, or offers for sale or rental, for any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities,” including goods which are replicas of, or which simulate “specified anatomical areas” or “specified sexual activities,” and goods which are designed to be placed on or in “specified anatomical areas.”
"Adult Cabaret."
A nightclub, bar, restaurant, bottle shop, or similar commercial establishment whether or not alcoholic beverages are served, which, on a regular and substantial basis, features (1) persons or entertainers who appear on state, (2) live performances which are characterized by the exposure of specified sexual activities” or “specified anatomical areas,” or (3) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified anatomical activities” or “specified anatomical areas.”
"Adult Dance Studio."
Any business or commercial establishment which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
"Adult Motel or Hotel."
A motel, hotel or similar commercial establishment offering public accommodations for any form of consideration which, on a regular and substantial basis, (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas;” and/or (2) offers, rents, leases, or lets any room for less than a ten hour period, or (3) offers or allows a tenant or occupant to rent or sub-rent a sleeping room for a period of less than ten hours.
"Adult Motion Picture Theater."
Any establishment, where, for any form of consideration, one or more motion picture projectors, video cassette players, slide projectors or similar machines, for viewing by five or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”
"Adult-Oriented Business" or "Adult Business."
Shall have the same meaning in all respects as sexually-oriented business and shall be subject to all conditions and requirements of a sexually-oriented business as defined herein.
"Adult Tanning Salon."
A business establishment where patrons receive tanning services for groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. “Adult tanning salon” or “tanning parlor” shall also include a business establishment where a patron and an employee of the establishment are nude or expose “specified anatomical areas.” An “adult tanning salon” or “tanning parlor” shall also include a business establishment where the employees thereof are nude or expose “specified anatomical areas” for any form of consideration.
"Adult Theater."
A theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances which are characterized by an emphasis on “specified anatomical areas” and/or “specified sexual activities.”
"Advertise."
Public notice or announcement of items or services through the use of newspaper, handbills, radio, television or other means of public communication.
"Day(s)."
Business day(s), which shall not include weekends or legal holidays observed by the city and which shall further include regular business hours maintained by city offices.
"Employee of a Sexually-Oriented Business."
A person who works or performs, as an employee or as an independent contractor, in and/or for a sexually-oriented business, regardless or whether said person is paid a salary, wage, or other compensation by the business.
"Entertainer" or "Live Entertainer."
Any person who is an employee or independent contractor of a sexually-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually-oriented business.
"Escort."
Any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a “striptease” for another person. Escort shall not include any person hired by a state licensed school for purposes of modeling in any art education class while such person acts in that capacity or any federal, state, and/or city of Yucaipa licensed limousine or taxi service.
"Escort agency."
A person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.
"Establishment of a Sexually-Oriented Business."(1) (2) (3) (4) (5)
Includes any of the following:
The opening or commencement of any sexually-oriented business as a new business; or
The conversion of an existing business, whether or not it is a sexually-oriented business, to any sexually-oriented business; or
The addition of any sexually-oriented business to any other existing sexually-oriented business; or to another existing non-sexually-oriented business, with or without expansion of floor area; or
The relocation of any sexually-oriented business; or
The substantial enlargement of the premises of a sexually-oriented business.
"Figure Model."
Any person who, for pecuniary compensation, consideration, hire or reward, poses in a nude modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
"Notice."
Written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, upon placing the same in the custody of the United States Postal Service.
"Nude Modeling Studio."
A business which provides, for compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified “anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Nude modeling studio” does not include schools maintained pursuant to standards set by the state board of education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. “Nude modeling studio” further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available “specified sexual activities.”
"Nudity" or "State of Nudity."
The showing or display of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernable turgid state.
"Off Premises."
Any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.
"Operate a Sexually-Oriented Business."
The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually-oriented business or activities within a sexually-oriented business.
"Operator of a Sexually-Oriented Business."
Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.
"Private Viewing Area."
An area or areas in a sexually-oriented business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.
"Public Nudity."
"Nudity" or a "state of nudity" that occurs in a business open to the public, whether or not a fee is charged for admission to such business.
"Public Park."
A park, playground, swimming pool, athletic field, or similar recreational facility within the city which is under the control, operation or management of the city or any other public agency.
"Regular and Substantial Basis."
An activity or performance shall be deemed to be on a regular or substantial basis when it constitutes more than twenty-five percent (25%) of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including, but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.
"Religious Institution."
A structure which is used primarily for religious worship and related religious activities, including, but not limited to a church, chapel or similar place of worship.
"Residential Use" or "Residential Zone."
Property which is zoned for a residential use and/or a single family dwelling, duplex, townhouse, multiple family dwelling or mobile home park subdivision or recreational vehicle park, but not including a caretaker’s/security house or trailer, or a legal nonconforming residential use as permitted by the Yucaipa Municipal Code.
"School."
Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school or middle school, senior high school or any special institution of education within the city.
"Semi-Nude."
A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast. Semi-nude shall also include a person with partial clothing to include lingerie or similar clothing where “specified anatomical areas” are exposed.
"Sex Supermarket/Sex Mini-Mall."
The establishment or operation of more than one type of sexually-oriented business or use as defined in this title within the same building.
"Sexual Encounter Establishment."
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with “specified sexually activities” and/or the exposure of “specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.
"Sexually-Oriented Business."
A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on “specified sexual activities” and/or “specified anatomical areas.” Sexually-oriented also means and includes any adult motion picture theater, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult theater, sexual encounter establishment, nude modeling studio, adult tanning salon, sex supermarket/sex mini-mall, and any other business or establishment that, on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to “specified sexual activities” and/or “specified anatomical areas.”
"Specified Anatomical Areas."
Includes any of the following:
"Specified Sexual Activities."(1) (2) (3) (4) (5)
Includes any of the following:
The fondling or other intentional touching of human genitals for the purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; or
Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral/anal copulation, bestiality, and flagellation or torture in the context of a sexual relationship; or
Masturbation, sodomy, oral copulation, coitus or ejaculation of human or animal, actual or simulated; or
Human genitals in a state of sexual stimulation, arousal or tumescence; or
Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the activities described in subdivisions 1 through 4 of this subsection.
"Substantial Enlargement of a Sexually-Oriented Business."
An increase or expansion, over the lifetime of a sexually-oriented business, of more than ten percent or one hundred (100) square feet, whichever is less in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to “specified anatomical areas” and/or “specified sexually activities.”
"Transfer of Ownership or Control of Sexually-Oriented Business."(1) (2) (3)
Includes any of the following:
The sale, lease, or sublease of the business; or
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
(Ord. 196 § 3, 2000)
Any structure of any kind or character erected or maintained for advertising purposes upon which any advertising sign may be placed, including advertising statuary.
See Planning Agency.
The tilling of soil, the raising of crops, horticulture, small livestock farming, dairying, or animal husbandry, including all uses customarily incidental thereto except the following: slaughterhouses, feed yards, hog farms, fertilizer works, bone yards, plants for the reduction of animal matter, or any other industrial or agricultural use which is determined by the Planning Commission to be similarly objectionable because of noise, odor, smoke, dust, or fumes.
Grading on land designated for exclusive agricultural use.
An agricultural preserve is designated areas of existing, viable, and productive agricultural land within which land conservation contracts can be enforced under the provisions of the California Land Conservation Act of 1965 (Williamson Act) to stay in agricultural use for a designated period of time. Under such contracts, the property owner is granted certain tax advantages for the continuation of agricultural use of the land.
shall be any of the following:
All land which qualifies for a rating as Class I or Class II in the Soil Conservation Service land use capability classifications.
Land which qualifies for a rating 80 through 100 in the Storie Index Rating.
Land which supports livestock used for the 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.
Land which from the production of unprocessed agricultural plant products has returned an annual gross value of not less than $200 per acre for three of the previous five years.
The use of land for the cultivation of food or fiber or the grazing or pasturing of livestock, usually for commercial purposes.
An airport or heliport is any area of land or water designed and set aside for the landing and taking off of any aircraft. An airport or heliport must be utilized in the interest of the public for such purposes, have a valid airport permit from the State of California Aeronautics Division, have airspace clearance as required by the Federal Aviation Agency, and have approval under the County Adopted General Plan of Airports. Military airports are not required to obtain the listed Federal, State, or County approvals.
Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft
An Aliquot part is the division of sectionalized land by a series of divisions by one quarter. Such divisions shall not be less than 2.5 acres or equivalent as allowed by Section 87.0325.
A public thoroughfare not exceeding 30 feet in width for the use of pedestrians or vehicles which affords only a secondary means of access to the abutting property
The Alquist-Priolo Geologic Hazard Zones Act is also known as the Alquist-Priolo Special Studies Zones Act of 1972. The purpose of this act is to provide for public safety in hazardous fault zones. The Act requires the delineation of potential damage areas called “Special Studies Zones” along known active faults throughout California. It requires local governments to withhold approval of construction permits in those zones until geologic investigation has determined that the site is not threatened by surface displacement from future faulting.
means man-made trees, water towers, clock towers, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(Ord. 204 § 2, 2001)
Means any business establishment in which there are more than ten (10) mechanical or electronic play devices, as defined in this Division, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50% of its gross income from the sale of food and beverages, and which possesses a valid County Health Department permit to operate a restaurant, shall not be considered an amusement arcade for the purposes of this Section.
(Ord. 142 § 2(A), 1995)
shall include any of the following human anatomical areas:
(Ord. 151 § 3, 1996)
Beneficial animals are those species which do not contribute to a strain on an ecosystem. They may also serve to eradicate pest species for agricultural or health purposes.
An endangered species is an animal species which has been diminished in quantities sufficiently large enough to raise questions regarding the future propagation of the species.
means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other commercial signals. “Antenna” shall not include any satellite dish antenna utilized for radio, citizens band radio, television, AM/FM or short-wave radio reception purposes.
(Ord. 204 § 2, 2001)
A room or suite of rooms when combined constitute a single dwelling unit in a multiple dwelling structure and which are designed for, intended for, suitable as a residence for, and/or occupied by one family
The property owner(s), or authorized agent of the owner(s) who is legally authorized to act for the owner(s) of record
(a) “Approved access”
refers to a dedicated right-of-way to the City of Yucaipa, an easement for public road, Highway and public utility purposes of a width as established by the Transportation Element of the General Plan. The road constructed thereon shall not be brought into the City-maintained road system until and unless the Yucaipa City Council, by appropriate resolution, has caused said road to be accepted into the City Road System.
(b) “Approved access”
also refers to an existing traveled way where a prescriptive right by user has been established for public use by a Court decree.
(c) “Approved access”(1) (2) (3)
also refers to a traveled way which was in existence prior to 1967, as determined by the City Surveyor. Such traveled way must connect to a publicly maintained roadway and must met each of the following criteria.
The way must have all-weather capability for normal passenger car use.
The way must be of adequate width to provide two-way vehicular access.
The way must be improved and maintained by the use of hand or power machinery or tools in order to allow relatively regular and continuous use. A traveled way maintained solely by the passage of vehicles does not constitute “Approved Access.”
Approved Access shall not be approved by the City Surveyor unless the access satisfies the following two conditions. | |
(a) | Substantially conforms to the alignment shown in the Transportation Element of the General Plan or Specific Plan where applicable |
(b) | The access should practically and feasibly be applied to road use. The approved access provisions apply to divisions of land resulting in lots of 20 acres or more. |
An open area used for the display and sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of those automobiles or trailers to be displayed, rented, or sold on the premises.
(Ord. 204 § 2, 2001)