(Ord. 4823, passed 1-22-24)

(Ord. 4823, passed 1-22-24)

Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up shops, and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This subclassification includes retail establishments such as department stores, clothing stores, furniture stores, small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: household pets and pet supplies, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

(Ord. 4823, passed 1-22-24)

where any instruction, direct sales, or on-site consumption are incidental to the food or beverage production activity. This classification excludes the slaughtering of animals or fowl which is not allowed.

(Ord. 4823, passed 1-22-24)

A "mobile recycling unit," which means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, and used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials;

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

Booth-type units which may include permanent structures; and

Unattended containers placed for the donation of recyclable materials.

(Ord. 4823, passed 1-22-24)

   ABUTTING. Having a common boundary.

   ACCESS. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property or use.

   ACCESSORY BUILDING. See BUILDING, ACCESSORY.

   ACCESSORY STRUCTURE. See STRUCTURE, ACCESSORY.

   ACCESSORY USE. See USE, ACCESSORY.

   ADJACENT. Directly abutting, having a common boundary or property line, or contiguous to.

   ADJOINING. See ABUTTING.

   AGENT OR AUTHORIZED AGENT. Any person who can show certified written proof that they are representing and acting in the place of another person or individual.

   AGGRIEVED PERSON. Any person who, in person or through a representative, appeared at a city public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.

   ALLEY. A public or private way, other than a street, which is designated as an alley by the city, reserved primarily for secondary vehicular access to abutting lots.

   ALTERATION. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. ALTERATION includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

   APARTMENT UNIT. One or more rooms with private bath and kitchen facilities comprising an independent rental unit.

   APPLICANT. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

   ARCHITECTURAL FEATURE. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

   ASSESSED VALUE. The value as shown on the current equalized assessment role in effect of the time of the making of the determination of the assessed value.

   ASSESSOR. The Tax Assessor of the County of Los Angeles.

   ATTACHED BUILDING OR STRUCTURE. See BUILDING, ATTACHED and STRUCTURE, ATTACHED.

   AWNING. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

(Ord. 4823, passed 1-22-24)

   BALCONY. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.

   BASEMENT. The portion of building between the floor and ceiling which has more than 50% below the natural or finished grade of the exterior ground surface.

   BEDROOM. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.

   BLOCK. All property fronting on one side of a street between an intersection and intercepting streets or between a street and a waterway, dead-end street, major easement or right-of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.

   BREEZEWAY. A structure with two sides open which connects two buildings.

   BUFFER. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

   BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or property of any kind.

      (1)   BUILDING, ACCESSORY. A detached, subordinate building used only as incidental to the principal building, structure, or use on the same lot.

      (2)   BUILDING, ATTACHED. A building which has a common wall with another building or structure.

      (3)   BUILDING, DETACHED. A building which does not have a common wall with another building or structure.

      (4)   BUILDING, NONCONFORMING. A building, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this code to it, no longer conforms to the regulations set forth in this code.

      (5)   BUILDING, PRINCIPAL. A building in which a principal use of the parcel on which it is located is conducted.

   BUILDING CODE. Any ordinance or regulations of the city governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other state-adopted uniform codes.

   BUILDING FACE. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.

   BUILDING FOOTPRINT. See FOOTPRINT.

   BUILDING FRONTAGE. See FRONTAGE, BUILDING.

   BUILDING HEIGHT. See HEIGHT.

   BUILDING SITE. A lot or parcel of land occupied or to be occupied by a building or group of buildings.

(Ord. 4823, passed 1-22-24)

   CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Cal. Public Resources Code §§ 21000, et seq. or any successor statute and regulations promulgated thereto (14 Cal. Code of Regulations §§ 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

   CAMPER. As defined in the California Vehicle Code.

   CANOPY. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

   CARPORT. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

   CELLAR. See BASEMENT.

   CHANGE OF USE. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

   CITY. The City of Alhambra.

   CITY COUNCIL. The City Council of the City of Alhambra.

   CLERK. The City Clerk of the City of Alhambra.

   COMMERCIAL VEHICLE. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private non-commercial purposes are not considered commercial vehicles.

   COMMISSION. See PLANNING COMMISSION.

   COMMON AREA. The entire project area, excepting all units or areas granted or reserved for the exclusive occupancy of a tenant and/or condominium unit owner.

   COMMUNITY APARTMENT PROJECT. Development of real property in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment located thereon and which is legally defined by applicable state law.

   COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City of Alhambra or their designee.

   COMPATIBLE. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

   CONDITION OF APPROVAL. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for city approval.

   CONDITIONAL USE. A use that is generally compatible with other uses permitted in a zone, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.

   CONDITIONALLY PERMITTED. Permitted subject to approval of a use permit.

   CONDOMINIUM. A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis and which is legally defined by applicable state law.

   CONDOMINIUM ASSOCIATION. The association which administers and maintains the common property and common elements of a condominium and which is legally defined by applicable state law.

   CONVERSION PROJECT. The conversion of apartment units into condominiums, community apartments, or stock cooperatives.

   COUNTY. The County of Los Angeles.

(Ord. 4823, passed 1-22-24)

   DECK. A platform, either freestanding or attached to a building that is supported by pillars or posts.

   DEMOLITION. The intentional destruction and removal of 50% or more of the enclosing exterior walls and 50% of the roof of any structure.

   DENSITY. The number of dwelling units per acre of land.

   DETACHED BUILDING. See BUILDING, DETACHED.

   DETACHED STRUCTURE. See STRUCTURE, DETACHED.

   DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

   DEVELOPMENT AGREEMENT. An agreement between the city and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Cal. Government Code for such development agreements.

   DEVELOPMENT PERMIT. Any permit issued by the city for the construction of real property improvements. DEVELOPMENT PERMITS include grading permits, encroachment permits, use permits, tentative maps, planned development permits and building permits. Sign permits are excluded from this definition.

   DIRECTOR. The Community Development Director of the City of Alhambra or their designee.

   DISTRICT. See ZONE.

   DRIVEWAY. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

   DWELLING UNIT. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

(Ord. 4823, passed 1-22-24)

   EASEMENT. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

   EFFECTIVE DATE. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

   ELECTRICAL CODE. Any ordinance of the city regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.

   EMERGENCY. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

   EMERGENCY VEHICLE. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.

   ENVIRONMENTAL IMPACT REPORT (EIR). An ENVIRONMENTAL IMPACT REPORT as required under the California Environmental Quality Act (CEQA).

   ENVIRONMENTAL REVIEW. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

   EQUIPMENT. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

   ERECT. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

   EXPLOSIVES. Any explosive substance as defined in Cal. Health and Safety Code § 12000.

(Ord. 4823, passed 1-22-24)

   FAÇADE. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

   FAMILY. One or more persons living together in a single household unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.

   FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

   FENCE. Any horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, retain soil materials, and provide security; or as defined by the Building Official. FENCES may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.

   FIREARMS. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

   FLOOR AREA. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also § 23.02.030(E).

   FLOOR AREA RATIO (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also § 23.02.030(F).

   FOOT-CANDLE. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

   FOOTPRINT. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also § 23.02.030(G).

   FREEWAY. A multilane state or interstate highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which highway the owners of abutting lands have no right of easement or access to or from their abutting lands.

   FRONTAGE, BUILDING. The face of a building that is parallel to or is at a near parallel angle to a street.

   FRONTAGE, STREET. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

(Ord. 4823, passed 1-22-24)

   GARAGE. An accessory structure or portion of a principal structure, enclosed on three or more side and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

   GENERAL PLAN. The General Plan of the City of Alhambra.

   GLARE. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

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

   GRADE. The location of the ground surface.

      (1)   GRADE, EXISTING OR NATURAL. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

      (2)   GRADE, FINISHED. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

   GRADING. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.

   GROUND FLOOR. The first floor of a building other than a basement that is closest to finished grade.

(Ord. 4823, passed 1-22-24)

   HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

   HEAT. Thermal energy of a radioactive, conductive, or convective nature.

   HEIGHT. The vertical distance from a point on the ground below a structure to a point directly above. See also § 23.02.030(C).

   HOME OCCUPATION. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

   HOUSEHOLD. See FAMILY.

(Ord. 4823, passed 1-22-24)

   ILLEGAL USE. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

   IMPERVIOUS SURFACE. Any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

   IMPROVEMENT. An object affixed to the ground other than a structure.

   INCIDENTAL USE. See USE, INCIDENTAL.

   INCOME LEVELS. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate income limits established in Cal. Code of Regulations § 6932, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the Yolo County median income levels by family size. These income limits are equivalent to the following:

      (1)   EXTREMELY LOW INCOME HOUSEHOLD. Under 30% of area median income, adjusted for household size appropriate for the unit.

      (2)   VERY LOW INCOME HOUSEHOLD. 30% to 50% of area median income, adjusted for household size appropriate for the unit.

      (3)   LOW INCOME HOUSEHOLD. 50% to 80% of area median income, adjusted for household size appropriate for the unit.

      (4)   MODERATE INCOME HOUSEHOLD. 80% to 120% of area median income, adjusted for household size appropriate for the unit.

   INTENSITY OF USE. The extent to which a use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

   INTERSECTION, STREET. The area common to two or more intersecting streets.

(Ord. 4823, passed 1-22-24)

   Reserved.

(Ord. 4823, passed 1-22-24)

   KITCHEN. Any room or space within a building intended to be used for the cooking or preparation of food.

(Ord. 4823, passed 1-22-24)

   LAND USE. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

   LANDSCAPING. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

   LIGHT FIXTURE. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

   LIQUOR SALES. The sale of liquor for offsite consumption.

   LIVING AREA. Area used for the exclusive occupancy of a tenant and/or condominium unit owner, which excludes common areas.

   LOT. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or recorded map recorded, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

      (1)   ABUTTING LOT. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

      (2)   CORNER LOT. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.

      (3)   FLAG LOT. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width.

      (4)   INTERIOR LOT. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than a corner lot.

      (5)   KEY LOT. An interior lot adjoining the rear lot line of a reversed corner lot.

      (6)   REVERSED CORNER LOT. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

      (7)   THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets.

   FIGURE 23.35.120.L: LOT TYPES

   LOT AREA. The area of a lot measured horizontally between bounding lot lines.

   LOT COVERAGE. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also § 23.02.030(G).

   LOT DEPTH. The horizontal distance between the front and rear property lines of a site. See also § 23.02.030(D).

   LOT FRONTAGE. See FRONTAGE, STREET.

   LOT LINE. The boundary between a lot and other property or the public right-of-way.

      (1)   FRONT LOT LINE. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through

lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

      (2)   STREET SIDE LOT LINE. A side lot line of a corner lot that is adjacent to a street.

      (3)   INTERIOR LOT LINE. Any lot line that is not adjacent to a street.

      (4)   REAR LOT LINE. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.

      (5)   SIDE LOT LINE. Any lot line that is not a front or rear lot line.

   FIGURE 23.35.120.L.2: LOT LINE TYPES

   FIGURE 23.35.120.L.3: REAR LOT LINES, IRREGULAR LOTS

   LOT, NONCONFORMING. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

   LOT WIDTH. The average distance between the side lot lines measured at right angles to the lot depth. See also § 23.02.030(D). When not applicable due to irregularity of lot shape, lot width shall be determined by the Director, subject to appeal and review by the Planning Commission.

(Ord. 4823, passed 1-22-24)

   MAINTENANCE AND REPAIR. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

   MAPPED STREET. A future street right-of-way which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the precise alignment of the street can be ascertained.

   MOBILE HOME. A structure transportable in one or more sections, and which is built on a permanent chassis, and designed to be used as a dwelling unit.

   MUNICIPAL CODE. The City of Alhambra Municipal Code.

(Ord. 4823, passed 1-22-24)

   NOISE. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

   NONCONFORMING BUILDING. See BUILDING, NONCONFORMING.

   NONCONFORMING LOT. See LOT, NONCONFORMING.

   NONCONFORMING STRUCTURE. See STRUCTURE, NONCONFORMING.

   NONCONFORMING USE. See USE, NONCONFORMING.

(Ord. 4823, passed 1-22-24)

   ON-SITE. Located on the lot that is the subject of discussion.

   OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the city.

   OWNER. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

(Ord. 4823, passed 1-22-24)

   PARAPET. That part of a wall that extends above the roof line.

   PARKING AREA. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

   PARKWAY. Portion of a street right-of-way, between the back of the curbline and the lot line, which is used or is available for use for landscaping, utilities, and/or sidewalks.

   PASSENGER VEHICLE. As defined in the California Vehicle Code.

   PERMITTED USE. See USE, PERMITTED.

   PERSON. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

   PLANNING COMMISSION. The Planning Commission of the City of Alhambra.

   PLANNING DIVISION. The Planning Division of the Community Development Department of the City of Alhambra.

   PRE-EXISTING. In existence prior to the effective date of this code.

   PRINCIPAL USE. See USE, PRINCIPAL.

   PROJECT. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

   PROPERTY LINE. The recorded boundary of a lot or parcel of land.

   PUBLIC RESOURCES CODE. The Public Resources Code of the State of California.

   PUBLIC WORKS DIRECTOR. The Public Works Director of the City of Alhambra.

(Ord. 4823, passed 1-22-24)

   QUALIFIED APPLICANT. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

(Ord. 4823, passed 1-22-24)

   REASONABLE ACCOMMODATION. Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

   REVIEW AUTHORITY. Body or entity responsible for making decisions on applications.

   RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

   ROOFLINE. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

(Ord. 4823, passed 1-22-24)

   SENIOR CITIZEN. An individual 62 years of age or older.

   SETBACK. The distance between a property line and a building or structure that must be kept clear or open.

   SIDEWALK. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

   SIGN TERMS. See Chapter 23.21.

   SITE. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this code and is in a single ownership or under unified control.

   SOIL. Naturally occurring superficial deposits overlying bedrock.

   SOLAR REFLECTANCE INDEX. Measure of a surface's ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.

   SPECIFIC PLAN. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Cal. Government Code, §§ 65450 et seq.

   STATE. The State of California.

   STOCK COOPERATIVE. Ownership of a building and the land on which it is located by a corporation in which the tenants of the building own shares of stock and by such ownership are entitled to an exclusive right to occupy a dwelling unit in the building.

   STORY. 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 is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

   STREET. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. STREET includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

   STREET LINE. The boundary between a street and a lot or parcel of land.

   STRUCTURE. Anything constructed or erected which requires a location on the ground.

      (1)   STRUCTURE, ACCESSORY. A detached subordinate structure used only as incidental to a principal building, structure, or use on the same site or lot.

      (2)   STRUCTURE, ATTACHED. A structure which is affixed to another building or structure on the site.

      (3)   STRUCTURE, DETACHED. A structure which is not affixed to another building or structure on the site.

      (4)   STRUCTURE, NONCONFORMING. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this code to it, no longer conforms to the regulations set forth in this code.

      (5)   STRUCTURE, PRINCIPAL. A structure housing the primary or principal use of a site or functioning as the primary or principal use.

      (6)   STRUCTURE, TEMPORARY. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

   SWIMMING POOL. A pool, pond, lake, or open tank capable of containing water to a depth greater than 18 inches at any point.

(Ord. 4823, passed 1-22-24)

   TANDEM PARKING. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.

   TELECOMMUNICATION TERMS. See § 23.22.240.

      (1)   ANTENNA. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

      (2)   CO-LOCATION. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. CO-LOCATION also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

      (3)   MAST. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

      (4)   MULTI-USER TELECOMMUNICATION FACILITY. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only.

      (5)   NON-STEALTH FACILITY. Means any telecommunication facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth.

      (6)   PERSONAL COMMUNICATIONS SERVICES (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).

      (7)   SATELLITE DISH. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

      (8)   STEALTH FACILITY. Means any telecommunication facility camouflaged or designed to substantially blend into the surrounding environment, land uses, and features by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure, and related above-ground accessory or support equipment; minimize aesthetic impact on adjacent uses; and conceal the intended use and appearance of the structures.

      (9)   SUPPORT EQUIPMENT. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

      (10)   TELECOMMUNICATION FACILITY. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.

      (11)   TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

      (12)   TOWER, LATTICE. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

   TENANT. A person renting or leasing a housing unit or non-residential space.

   TRAILER. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

   TREE PERMIT TERMS.

      (1)   CALIFORNIA NATIVE. Those trees listed, maintained and organized by California regions by the California Native Plant Society (CNPS) as follows:

 

      (2)   DAMAGE. Any action undertaken which causes injury, death, or disfigurement to a protected tree. This includes, but is not limited to, cutting, poisoning, overwatering, topping, trimming, relocating or transplanting a protected tree.

      (3)   MULTI-TRUNK. Any tree with multiple trunks attributed to a single tree. For purposes of determining the diameter of a multi-trunk tree, the diameter of each trunk shall be measured at a point four and one-half feet above the root crown, and the sum of the diameters shall be the diameter of the tree.

      (4)   PRUNING (also known as LACING). The removal of selected branches that are dead, a hazard to public or property, or are otherwise selected for removal while preserving the overall form of the tree. PRUNING can be done to give a tree a more balanced appearance, to reduce the weight on one side of a tree in order to prevent the tree from toppling, or to remove branches that are at risk of breaking and injuring people or damaging property. Utilities may use pruning to selectively remove branches that interfere with overhead lines. PRUNING is distinct from topping or trimming a tree.

      (5)   REMOVAL. The uprooting, cutting, or severing of the main trunk, of a protected tree.

      (6)   ROOT CROWN. That portion of a protected tree trunk from which roots extend laterally into the ground.

      (7)   TOPPING. The removal of the uppermost branches of a tree, or cutting the trunk, in order to reduce its height without regard to the overall form of the tree. Typically results in a horizontal cut across the trunk or a roughly spherical cut centered on the trunk.

      (8)   TRIMMING. The alteration of the outward shape of a tree without regard to which branches are to be trimmed. Typically results in a geometric rather than natural shape. Hedges are trimmed to preserve a particular, frequently rectangular, shape. Topping a tree would be an extreme example of trimming.

   TURF.

      (1)   ARTIFICIAL TURF. A synthetically derived, natural grass substitute that may be used in lieu of natural turf, and must simulate the appearance of natural live grass, in a single-unit dwelling residential property and in the landscape areas of multi-unit dwelling residential and non-residential properties.

      (2)   NATURAL TURF. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysiagrass, and Buffalo grass are warm-season grasses.

(Ord. 4823, passed 1-22-24)

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

      (1)   USE, ACCESSORY. A use that is customarily associated with, and is incidental and subordinate to, a principal use and located on the same lot as a principal use.

      (2)   USE, INCIDENTAL. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the principal use.

      (3)   USE, NONCONFORMING. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this code, no longer conforms to the specific regulations applicable to the zone in which it is located.

      (4)   USE, PERMITTED. Any use or structure that is allowed in a zone without a requirement for approval of a use permit, but subject to any restrictions applicable to that zone.

      (5)   USE, PRINCIPAL. A primary, principal, or dominant use established, or proposed to be established, on a lot.

   USE CLASSIFICATION. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, industrial, and transportation, communication, and utilities. See Chapter 23.35.

   USE PERMIT. A discretionary permit which may be granted by the appropriate City of Alhambra authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Chapter 23.27.

   USE TYPE. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

   UTILITIES. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

(Ord. 4823, passed 1-22-24)

   VARIANCE. A discretionary grant of permission to depart from the specific requirements of this code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.

   VEHICLE. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

   VIBRATION. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

   VISIBLE. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

(Ord. 4823, passed 1-22-24)

   WALL. Any vertical exterior surface of building or any part thereof, including windows.

(Ord. 4823, passed 1-22-24)

   Reserved.

(Ord. 4823, passed 1-22-24)

   YARD. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this code.

      (1)   FRONT YARD. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this code for the zone in which it is located and measured inward from the front lot line.

      (2)   INTERIOR SIDE YARD. A yard which does not abut a street.

      (3)   REAR YARD. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this code for the zone in which it is located. If a lot has no rear lot line,

a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.

      (4)   REQUIRED YARD. A yard which complies with the minimum setback requirements for the zone in which the lot is located.

      (5)   SIDE YARD. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

      (6)   STREET SIDE YARD. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

   FIGURE 23.35.250.Y: YARD TYPES

(Ord. 4823, passed 1-22-24)

   ZONE. A specifically delineated area in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

(Ord. 4823, passed 1-22-24)