This title is known as the "development code of the city of Arroyo Grande."

(Prior code § 9-01.010)

The city council has established these standards, guidelines, and procedures to protect and promote the public health, safety, convenience and welfare of present and future citizens of Arroyo Grande, specifically to:

A.

Implement the goals, objectives, policies and programs of the Arroyo Grande general plan, and to manage future growth and development in accordance with that plan;

B.

Protect the physical, social and economic stability and vitality of residential, commercial, industrial, public/quasi public, and open space uses within the city to assure their orderly development and use;

C.

Reduce or eliminate hazards to the public resulting from potentially inappropriate location, use or design of buildings and other improvements;

D.

Attain the aesthetic, physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning.

(Prior code § 9-01.020)

The authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted to municipalities by the laws of the state of California.

In addition, the provisions of this title relating to the regulation and control of subdivisions are adopted pursuant to the authority of the Subdivision Map Act (Division 2 of Title 7 of the California Government Code). The provisions of the Subdivision Map Act are incorporated by this reference as though fully set forth in this title. In the event of any actual conflict between the provisions of the Subdivision Map Act, and provisions of this title, the Subdivision Map Act shall prevail.

The illustrations in the definitions chapter are not a part of the title but are included for the purposes of explanation and clarification only. However, the illustrations in the remaining chapters in the title are part of the title.

(Prior code § 9-01.030)

All properties within the boundaries of the city shall be subject to the provisions of this title.

A.

Private Projects.

1.

No land, building or structure shall be developed, used, constructed, altered or maintained except in conformance with the provisions of this title.

2.

No use that requires a permit, license or approval under the provisions of this title shall be made, continued, established or operated until the permit, license or approval is finally granted, and all conditions of the permit, license or approval have been complied with, performed, and completed.

3.

No use that requires a permit, license or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms or conditions of the granted permit, license or approval.

B.

Public Projects. Unless otherwise exempted, federal, state, county and city governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

(Prior code § 9-01.040)

The provisions of this title are not intended to interfere with or void any easements or legally established covenants or other existing agreements which are more restrictive than the provisions of this title.

A.

Conflict with Other Regulations. Nothing in this title shall be deemed to affect, annul, or abrogate any other ordinances pertaining or applicable to the properties and areas affected by this title. Whenever the provisions of this title are different than other applicable laws, titles, ordinances, codes and regulations, the more restrictive regulations shall govern.

B.

Clarification of Ambiguities. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to any standard, requirement or district boundaries as set forth in this title, the planning commission, upon its own initiative or upon written request by any person to the planning director, shall ascertain all pertinent facts, and, by resolution of record, set forth their findings and interpretations. Written requests received by the planning director shall be placed on the next available planning commission agenda as a nonpublic hearing item.

(Prior code § 9-01.050)

The city shall be held harmless by any person, organization or entity who files an application to obtain a permit, license or approval pursuant to this title from any liability. Such liability may include any claims of the applicant arising out of the issuance of the permit, license or approval, the denial of a permit, license or approval, or any action by any person seeking to have a granted permit, license or approval held void by a court of law.

In addition, any person, organization or entity who files an application to obtain a permit, license or approval pursuant to this title shall agree to defend at his or her sole expense any action brought against the city, its agents, officers or employees, because of the issuance of the permit, license or approval, the denial of a permit, license or approval, or any action by any person seeking to have a granted permit held void by a court of law. The applicant shall reimburse the city, its agents, officers, or employees, for any court costs and attorney's fees that the city, its agents, officers, or employees may be required by a court to pay as a result of such action. The city may, at its sole discretion, participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of his or her obligations under this section.

(Prior code § 9-01.060)

A.

Purpose and Intent. The purpose of this section 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, except where the context of such words or phrases clearly indicates a different meaning or construction.

B.

General Interpretation.

1.

The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.

2.

In the case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

3.

References in the masculine and feminine genders are interchangeable.

4.

Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

5.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items or provisions shall apply;

b.

"Or" indicates that the connected items or provisions may apply singly or in any combination; and

c.

"Or" indicates that the connected items or provisions shall apply singly but not in combination.

6.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

C.

Definitions.

-A-

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

"Access rights" means right, claim, title, or privilege of access, by pedestrians or vehicles, to a public road or way.

"Accessory building" means any subordinate 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. A second dwelling unit is not an accessory building.

Accessory Living Quarters. See "Guest Quarters."

"Accessory retail" means the retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; and barber and beauty shops within residential care facilities.

"Accessory use" means any use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or premises.

"Active recreational uses" means facilities occurring on level or gently sloping land to a maximum slope of ten (10) percent in a planned unit development or multiple-family project that 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 ten (10) percent, riding and hiking trails, scenic overlooks, water courses, drainage areas or water bodies.

"Addition" means any construction that increases the size of a building or facility in terms of site coverage, height, length, width or gross floor area.

"Adult bookstore" means any establishment selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records, or any other forms of visual or audio representation twenty-five (25) percent or more of which, by number, are characterized by an emphasis upon the depiction or description of specific sensual activities or specified anatomical areas.

"Adult business" means any adult bookstore, adult motion picture theater, adult motion picture arcade, adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting studio, and any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law.

"Adult cabaret" means any nightclub, bar, restaurant or similar establishment which, as a preponderance of the entertainment presented, features:

1.

Live performances which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or

2.

Films, motion pictures, video cassettes or slides, or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities of specified anatomical areas for observation by patrons.

"Adult day care" means a day care facility providing care and supervision of adult clients and includes community-based day programs as defined in Title 17 CCR 54302.

"Adult hotel or motel" means a hotel or motel wherein as a regular and substantial portion of its business, material is presented which is distinguished or characterized by more than an incidental or occasional portrayal of matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Adult model studio" means any establishment open to the public where for any form of consideration or gratuity, human models who display anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of a diploma.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin- or token-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the dominate or predominate character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas.

"Adult motion picture theater" means any establishment where, for any form of consideration, films, motion pictures, slides, tapes, video cassettes, records or any other forms of visual or audio representation twenty-five percent of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult theater" means any theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration and as a preponderance of the entertainment presented, features live performances whose dominant or predominant character and theme is emphasized on specified sexual activities or exposure of specified anatomical areas for observation of patrons.

"Agricultural conservation easement" means the granting of an easement over agricultural land for the purpose of restricting its use to agricultural land. The interest granted pursuant to an agricultural conservation easement is an interest in land, which is less than fee simple.

"Agricultural land or farmland" means those land areas of the county and/or city specifically designated or zoned as agriculture, agriculture preserve or agricultural general.

"Agricultural mitigation land" means agricultural land encumbered by a farmland deed restriction, a farmland conservation easement or such other farmland conservation mechanism acceptable to the city.

"Agricultural products processing" means the processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere. Examples of this land use include the following: alfalfa cubing, corn shelling, cotton ginning, custom grist mills, custom milling of flour, feed and grain, dairies of corn, rice, hay, fruits, and vegetables, grain cleaning and custom grinding, hay baling and cubing, pre-cooling and packaging of fresh or farm-dried fruits and vegetables, storing, grading and packing of fruits and vegetables, and tree nut hulling and shelling.

"Agriculture" means tilling of the soil, the raising of crops, horticulture, aviculture, apiculture, aquaculture, livestock farming and grazing, the raising of small animals and poultry, dairying, animal husbandry, wineries processing grapes produced on the premises, and the sorting, cleaning, packing and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including slaughterhouse, fertilizer works, commercial packing or processing plant or plant for the reduction of animal matter, or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.

"Alcoholic beverage sales" means the retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption.

"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

"Alter" means to make a change in the internal arrangement of rooms or the supporting members of a structure, such as bearing walls, columns, beams or girders, that 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.

"Alteration—Historical resources" means any exterior change or modification, through public or private action, of any historical resource, outstanding historical resource, or of any property located within an historic district which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; new construction; demolition; relocation of structures onto, off of or within a designated property; or other changes to the site affecting the significant historical or architectural features of the property.

"Amusement device" means any electronic or mechanical machine that provides amusement or entertainment, which may be operated or played upon by the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use. This definition shall not include juke boxes, telephone devices, or machines that sell merchandise.

Animal, Exotic or Wild. "Exotic or wild animal" means an animal, such as, but not limited to, a monkey, fox, snake, raccoon, or other similar animal, including predatory or poisonous animals.

"Animal (household pet)" means any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, or Vietnamese pot-bellied pig.

Animal, Large. "Large animal" means any equine or bovine animal, or other animal similar in size, weight, or appearance, including, but not limited to, a horse, pony, mule, donkey, cow, llama, pigs, hogs, goats, ovines or ox.

Animal, Small. "Small animal" means poultry, rabbits, and those other such comparably sized animals distinguished from those described as large animals.

"Animal hospital" means a place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

"Antique" means any article that because of its age, rarity or historical significance has a monetary value greater than the original value; provided, that for the purpose of this code, the term "antique" shall not include motor vehicles, industrial or farm equipment.

"Apartment" means a building containing two or more dwelling units, designed and used for occupancy by families living independently of each other, and have not been subdivided for independent sale of individual units.

"Approved access" means:

1.

For a lot abutting a right-of-way that is dedicated to the public and improved to meet city standards: no access denial has been recorded against the property.

2.

For a lot that does not abut an improved public right-of-way: (a) an appurtenant easement of adequate width and geometrics to meet city requirements between the lot and an improved, publicly maintained right-of-way is available; or (b) an existing, improved, appurtenant, traveled way where a prescriptive right by the user has been established for access by a court decree is available.

"Arcades" means any establishment containing four or more amusement devices as a primary use. This definition shall not apply to restaurants or recreational premises, such as bowling alleys or skating rinks, where an arcade is part of the primary use.

"Architectural features" 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.

"Architectural projection" means marquee, porch, canopy or similar projection of a building.

Area, Building. "Building area" means sum in square feet of the areas of the horizontal projections of all buildings on a lot excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, patios, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of the building, which features are not directly supported by the ground.

Area, Gross. "Gross area" means the entire area within the boundaries of a project site, building or lot, measured to the centerline of adjoining street rights-of-way.

Area (Lot, Parcel or Site). See "Lot Area."

Area, Net. "Net area" means all land within a given area, including lots, private interior streets, and other open space which directly serves the residents of the net area, but exclusive of all exterior and interior local public streets and other easements which primarily serve the community at large.

"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood-related erosion hazard" means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

Area of Special Flood Hazard. See "Special flood hazard area."

"Artisan shop" means a retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the store includes an area for the crafting of the items being sold.

"Artisan and craft product manufacturing" means establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

"Attendant parking" means parking facilities where a lot attendant parks vehicles for drivers. This term is used interchangeably with "valet parking."

"Authorized agent" means a person bearing written authority from the property owner and/or applicant.

"Automated teller machine (ATM)" means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations. Does not include drive-up ATMS; see "Drive-through services."

"Automobile dealership" means a retail place of business engaged in selling new and/or used automobiles.

"Automobile rental agency" means a retail place of business engaged in renting automobiles or trucks.

"Automobile service station" or "gasoline service station" means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as:

1.

Dispensing of automotive fuel and motor oil;

2.

Vehicle washing and lubricating services;

3.

The sale and servicing of tires, batteries, replacement items and other automotive accessories; and

4.

Minor automotive repair.

This definition shall not be deemed to include such things as body or fender work, painting or major automotive repairs. Gasoline service stations may also provide a towing service limited to no more than two trucks or equipment rental, subject to use permit conditions of approval by the reviewing agency.

Automotive and Vehicle Services - Major Repair or Body Work. "Major repair" or "body work" means repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other bodywork, and painting services.

Automotive and Vehicle Services - Minor Maintenance or Repair Including Tire Services. "Minor maintenance" or "repair including tire services" means minor facilities that specialize in limited aspects of repair and maintenance, including vehicle washing (e.g., muffler and radiator shops, quick-lube, etc.) and other minor services.

"Automotive and Vehicle Services - Parts sales with installation services. "Parts sales with installation" means a store that sells new automobile parts, tires, and accessories. May also include minor parts installation.

Automotive and Vehicle Services - Heavy Equipment Sales and Rental. "Heavy equipment sales and rental" means a retail establishment selling and/or renting automobiles, trucks, vans, heavy equipment, and motorcycles. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Also includes mobile home, RV, boat, and heavy equipment sales and rentals. Does not include the sale of auto parts/accessories separate from a vehicle dealership or businesses dealing exclusively in used parts.

"Awning" means 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. See also "canopy."

-B-

"Bank and financial services" means financial institutions including: banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies. See also "Automated teller machine."

"Bar, tavern, night club" means a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery ("brew-pub"), and other beverage tasting facilities. Does not include adult-oriented businesses.

"Base flood" means flood having a one percent chance of being equaled or exceeded in any given year (also called the "one hundred (100) year flood").

"Basement," as identified in the Uniform Building Code, generally means portion of a building between floor and ceiling, which is entirely below or partly below and partly above grade and does not qualify as a "story" (See "Story").

"Basement" means, for floodplain management purposes, any area of the building having its floor subgrade - i.e. below ground level - on all sides.

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move.

"Bed and breakfast inn" means an owner-occupied dwelling unit where three or more short-term lodging rooms and meals are provided for compensation or onsite signage is desired.

"Bicycle locker" means fully enclosed space accessible only to the owner or operator of the bicycle.

"Billboard" means off-site sign advertising products or services not produced, sold or stored on the property upon which the sign is located. Billboards are prohibited in the city.

"Block front" means all the properties fronting on one side of a street, between intersecting streets or a street and a waterway, cul-de-sac, or unsubdivided land.

"Boarding or rooming house" means building containing a dwelling unit where lodging is provided for compensation, with or without meals, for five or more persons.

"Body painting studio" means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

"Building and landscape materials sales" means a retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass and fixtures. Includes all such stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating and air conditioning equipment and supplies are classified under "Wholesaling and distribution."

"Building frontage" means that 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 a parking area or the street of highest classification as portrayed in the current circulation element of the general plan shall be considered the building frontage. For unique designs that do not allow use of the preceding discussion, the community development director shall determine building frontage.

"Building height" means vertical distance from the grade average finished ground level 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.

"Building official" means the head of the building department of the city and shall include his or her deputies.

Building, Public. "Public building" means a nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose.

Building Setback Area, Front. See "Yard, Front.

Building Setback Area, Side. See "Yard, Side."

Building Setback Area, Rear. See "Yard, Rear."

"Building site" 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, 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, and which abuts a public or private street or alley or easement determined by the public works director to be adequate for purpose of access.

-C-

"Cabana" means any portable, demountable or permanent cabin, small house, room, enclosure, or other building or structure erected, constructed or placed on a mobilehome space and used in conjunction with a mobilehome. The structure shall not be used for sleeping purposes.

"Canopy" means small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall.

"Caretaker's residence" means a dwelling unit without a kitchen that is accessory to a principal use on a site and intended for occupancy on the same site, as a caretaker, security guard, servant, or similar position generally requiring residence on the site.

"Carport" means permanently roofed structure with not more than three enclosed sides used for automobile shelter and storage.

"Centerline" means the right-of way centerline as established by the county engineer of the county, by the city engineer of any city within the county, by the State Division of Highways of the state of California; or if no such centerline has been established, and in any case in which foregoing definition is not applicable, the planning commission shall designate the centerline.

"Child day-care center" means private establishment for day time care of children; and where tuition, fees, or other forms of compensation for the care of the children is charged, including infant centers, nursery schools, pre-schools, extended day-care and similar facilities.

"Church" means a use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private education facility. A property tax exemption obtained pursuant to the Constitution of the state of California and of the Revenue of Taxation Code of the state of California, shall constitute prima facie evidence that such use is church as defined in this subsection.

"City" means the city of Arroyo Grande.

"City engineer" means the city engineer of the city of Arroyo Grande.

"Club" means nonprofit association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business.

"Club, lodge, private meeting hall" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations. Includes grange halls and similar facilities.

"Cluster development" means form of development for single-family and multiple-family residential subdivisions that permits a reduction in lot area, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

Cluster Development

"Collection facility" means center for the acceptance, by donation, redemption or purchase, of recyclable materials from the public. Collection facilities may include the following:

1.

Reverse vending machine(s);

2.

Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include: (a) a mobile recycling unit; (b) bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; (c) kiosk-type units, which may include permanent structures; (d) unattended containers placed for the donation of recyclable materials;

3.

Large collection facilities which may occupy an area of more than five hundred (500) square feet and may include permanent structures.

"Commercial complex" means planned and constructed as a unified grouping of retail business and service uses on a single site with common parking facilities.

Commercial Recreation Facility, Indoor. "Indoor commercial recreation facility" means establishments providing indoor amusements and entertainment services for a fee or admission charge, including: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; pool and billiard rooms as primary uses.

Commercial Recreation Facility, Outdoor. "Outdoor commercial recreation facility" means a facility for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; public swimming pools, water slides and other water features.

"Commission" means the planning commission of the city of Arroyo Grande.

"Community" means the city of Arroyo Grande, California.

"Community apartment project" means as defined in Section 11004 of the Business and Profession's Code.

"Community center" means a multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for meetings, parties, receptions and dances.

"Conceptual development plan" means this is a site plan that indicates conceptual ideas for such things as, but not limited to, building placement, circulation/access, drainage/grading, buffer, phased improvements, and landscaping.

"Conditionally permitted" means permitted subject to approval of a conditional use permit.

"Condominium" is as defined in Section 1350 of the Civil Code. An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space.

"Conference" or "convention facility" means one or more structures where the primary use is to accommodate multiple assembly, meeting, and/or exhibit rooms, and related support facilities (such as kitchens and offices).

"Construction contractors" means office, and indoor and/or outdoor storage facilities operated by, or on behalf of, a contractor licensed by the state of California for storage of large equipment, vehicles, and/or other materials commonly used in the contractor's type of business; storage of scrap materials commonly used in the contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures used for repair and maintenance.

Construction, New. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this title.

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

"Contiguous parcels" means adjacent parcels of land even if separated by roads, streets, utility easements, or railroad rights-of-way.

"Continuous open space" means a network of connected common open spaces and/or other conservation land that typically extends along or around a natural feature such as a creek, oak woodland or wildlife travel corridor, or includes an area with significant scenic, historic, archeological, or cultural value, or provides for public passive or active recreation such as trails or similar linear facilities.

"Contributing property" means a building, structure, site, feature or object within an historic district that embodies the significant physical characteristics and features, or adds to the historical associations, historic architectural qualities or archaeological values identified for the historic district, and was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period.

"Convalescent home" means facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county, 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.

"Convenience commercial center" means a retail/service commercial center to provide goods and merchandise to the immediate surrounding land uses. These center are approximately two to three acres in size with the intention of serving a specific local need.

"Convenience store" means a neighborhood serving retail store of three thousand five hundred (3,500) square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs.

"Council" means the city council of the city of Arroyo Grande.

"County" means county of San Luis Obispo.

"County assessor" means county assessor of the county of San Luis Obispo.

"County recorder" means county recorder of the county of San Luis Obispo.

Coverage, (Lot or Site). "Lot or site coverage" means the horizontal area measured from the outside of the exterior walls or supporting structure of the ground floor of all principal and accessory buildings on a lot, excluding any uncovered patio or uncovered deck structure that is used solely for general open purposes and swimming pools.

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Dedication, Offered. "Offered dedication" means that portion of land that is irrevocably offered to the city for future public rights-of-way or other public use and for which there is no prospective future date for construction to city standards and/or notice of completion.

"Density" means number of dwelling units on a lot in relation to the lot size expressed in units per gross acre.

"Development" means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any use, change in use or extension of use of any buildings or land; any mining, excavation, landfill or land disturbance including any clearing or grading or other movement of land; and any use or extension of the use of land. For purposes of environmental and discretionary permit review, the term development shall include the division or an adjustment of parcels of land.

"Development" means, for floodplain management purposes, any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage or equipment or materials.

"Development permit" for the purposes of historic resources means a permit whose issuance is approved by the planning commission or upon appeal by the city council and which authorizes its recipient to make specified exterior alterations to a historical resource, outstanding historical resource or to an improvement located within a historic district.

Director, Planning. "Planning director" means the planning director of the city of Arroyo Grande.

"Distribution" means use engaged primarily in distribution of manufactured products, supplies and equipment, including incidental storage and sales activities, but excluding bulk storage of materials that are flammable or explosive.

"District" means 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.

"Dormitory" means building intended or used principally for sleeping accommodations, where such building is related to an educational institution.

"Drive-through retail or services" means a facility where food or other products may be purchased, or where motorists may obtain services without leaving their vehicles. Examples of drive-through retail facilities include fast-food restaurants and drive-through coffee, dairy product, photo stores, pharmacies, etc. Examples of drive-through service facilities include drive-through bank teller windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations or other vehicles services, which are separately defined.

"Driveway" means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.

"Duplex" means two dwelling units attached along a common structural wall.

Dwelling, Multifamily Attached. "Multifamily attached dwelling" means a building designed and used as a rental residence for two or more families living independently of each other. It includes apartments, duplexes and multiplexes that have not been subdivided for purposes of independent sales of individual units. It does not include a primary dwelling unit and an attached second dwelling unit.

Dwelling
Multifamily Attached

Dwelling, Single-Family Attached. "Single-family attached dwelling" means a duplex, multiplex or condominium complex with individual units offered for sale.

Dwelling
Single-Family Attached

Dwelling, Single-Family Detached. "Single-family detached dwelling" means a dwelling unit that is not attached to any other dwellings by any means and houses one family, including mobile and manufactured homes on permanent foundations.

Dwelling
Single-Family Detached

"Dwelling unit" means one or more rooms having not more than one kitchen, designed for occupancy by one family for living, eating, and sleeping purposes.

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

"Eave" means the projecting lower edges of a roof overhanging the wall of a building.

"Educational institutions" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education; (2) confer degrees as a college or university of undergraduate or graduate standing; (3) conduct research; or (4) give religious instruction. The definition does not include commercial or trade schools.

"Elevation" means:

1.

A vertical distance above or below a fixed reference level;

2.

A flat scale drawing of the front, rear or side of a building or structure.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)).

Enclosed area as defined by the Uniform Building Code (UBC), the closest definition is for a patio cover defined as follows:

Enclosed area is any area within a structure or portion of a structure with a roof and walls in any configuration, where the open area of the longer wall and one additional wall is less than 65% of the area below a minimum of 6 feet 8 inches of each wall, measured from the floor.

"Encroachment" means, for floodplain management purposes, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Energy System, Alternative. "Alternative energy system" means application of any technology; the conservation of energy; or the use of solar, biomass, wind, geothermal, hydroelectricity under twenty-five (25) megawatts; or any other source of energy, the efficient use of which will reduce the use of fossil and nuclear fuels.

"Environmental Impact Report (EIR)" means report complying with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and Arroyo Grande Rules and Procedures for Implementation of CEQA.

"Equestrian facility" means a commercial facility for horses, donkeys, and/or mules, examples of which include horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and barns, stables, corrals and paddocks accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys, and/or mules, which are included under "Animal keeping."

"Equipment rental yard or contractor yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity. The term "contractor yard" shall include a construction materials yard, vehicular service center, or similar use.

"Existing manufactured home park or subdivision" means, for floodplain management purposes, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 19, 1984.

"Expansion to an existing manufactured home park or subdivision" means, for floodplain management purposes, the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Extended hour retail" means any business that is open to the public between the hours of eleven p.m. and six a.m.

"Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

-F-

"Family" means an individual or group of persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit and sharing kitchen facilities in a single dwelling unit. "Family" shall also mean the persons living together in a licensed "residential facility" as that term is defined in California Health and Safety Code Section 1502(a)(1), which serves six or fewer persons, including the licensee, the members of the licensee's family, and persons employed as facility staff.

Family Day Care Home, Large. "Large family day care home" means a home that regularly provides care, protection and supervision of twelve (12) children, or up to fourteen (14) children if the criteria in Health and Safety Code 1597.30 et seq. are met, including children under age ten (10) who reside in the provider's own home and including the assistant provider's children under age ten (10), for periods of less than twenty-four (24) hours per day.

Family Day Care Home, Small. "Small family day care home" means a home that regularly provides care, protection, and supervision of more than six and up to eight children, without an additional adult attendant pursuant to Health and Safety Code 1597.30 et seq., for periods of less than twenty-four (24) hours per day.

"Farm supply and feed store" means a retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which are included under "Equipment rental yard or contractor yard." "Farmers market" means a temporary outdoor gathering of individual retailers, primarily focused on the sale of fresh produce, and also including other foods, beverages, flowers, handicrafts, art objects, and other items.

"Farmland deed restriction" means the creation of a deed restriction, covenant or condition which precludes the use of the agricultural land subject to the restriction for any nonagricultural purposes, use, operation or activity. The deed restriction shall provide that the land subject to the restriction will permanently remain agricultural land.

"Fast food restaurant" means an establishment whose principal business is one that offers quick food service primarily for take out, which is accomplished through a limited menu of items already prepared and held for service, and that is characterized by high automobile accessibility, self service, short stays by customers and having late or long hours of operation (e.g., open six a.m. to eleven p.m. or outside of those hours).

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

"Fitness" or "health facility" means a fitness center, gymnasium, day spa, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult entertainment businesses.

Flood, Flooding or Flood Water. See "Flood hazard."

"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood hazard" means general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood water; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which result in flooding as defined in this definition.

"Flood Insurance Rate Map (FIRM)" means official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Hood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See "flooding."

"Floodplain management regulations" means Section 16.44.050 and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

"Floodway" means channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Floodway fringe" means the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Floor Area, Gross. "Gross floor area" means total enclosed area of all floors of a building measured to the outside face of the exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet.

Floor Area, Net. "Net floor area" means total building floor area, excluding garages, stairwells, hallways, lobbies, elevators and other common spaces.

"Floor area ratio (FAR)," for commercial, public, or industrial uses, means the numerical value obtained by dividing the gross lease able floor area of a building or buildings located on a lot or parcel of land by the total net area (in square feet) of such lot or parcel of land. For residential uses it means the numerical value obtained by dividing the gross floor area, excluding garages, of a dwelling unit or residential building located on a lot or parcel of land by the total net area (in square feet) of such lot or parcel of land.

Floor Area Ratio (FAR)

"Formula business" shall mean a business that is required by contractual or other arrangement to maintain standardized services and the same or similar name, tradename, or trademark which causes it to be substantially identical to ten (10) or more other establishments at the time of application submittal, regardless of ownership or location.

Frontage, Building. See "Building frontage."

"Frontage road" means minor street which is parallel to, and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.

Frontage, Street or Highway. "Street or highway frontage" means that portion of a lot or parcel of land which borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway.

"Fuel dealer" means a retail trade establishment that sells fuel oil, butane, propane, and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.

"Furniture" or "fixtures manufacturing" or "cabinet shop" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills, which are included under "Manufacturing, Heavy."

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"Garage" means permanently roofed structure with three enclosed sides and a garage door which is used for automobile shelter and storage.

Garage, Private. "Private garage" means detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.

Garage, Public. "Public garage" means building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

Garage, Subterranean. "Subterranean garage" means any portion of a structure used for the storage of automobiles which is visually enclosed except for driveway openings, the maximum height of which is no greater than two and one-half (2.5) feet measured from the existing grade.

"Gas station" means a retail business selling gasoline and/or other motor vehicle fuels, and related products. See also "Automobile service station or gasoline service station."

"General plan" means city of Arroyo Grande comprehensive general plan, as amended.

"General retail—Restricted" means any retail store whose principal merchandise is restricted to customers aged eighteen (18) years or older, not including "adult businesses." Examples of restricted general retail include head shops and tobacco stores.

"Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade, Existing. "Existing grade" means 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.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development.

Grading, Contour. "Contour grading" means a grading concept designed to result in earth forms and contours that resemble natural terrain characteristics, with generally curving, nonlinear slope banks having variations in the slope ratios of the horizontal and vertical curves.

"Greenbelt" means an open area that may be cultivated or maintained in a natural state, surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

"Grocery store" means a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store.

"Group care facility" means a facility that provides resident services for persons handicapped or disabled, undergoing rehabilitation, or otherwise in need of care and supervision, subject to licensing by the appropriate governmental agency. The term includes group homes, halfway houses, and foster homes.

"Guest quarters" means living quarters located on the same premises with the primary dwelling unit or attached to the main portion of the primary dwelling unit for the sole use of persons employed on the premises, members of the family living in the primary dwelling unit or for temporary use by nonpaying guests of the family living on the premises. Such quarters shall have no kitchen and shall not be rented or leased or otherwise used as a separate dwelling.

"Guest room" 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.

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"Highest adjacent grade" means for floodplain management purposes the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic district" means any area which has a special character, historical interest, aesthetic value or archaeological significance or which represents one or more architectural periods or styles typical of the history of the city, and which constitutes a distinct section of the city that has been designated a historic district pursuant to this code.

"Historical resource" means buildings, structures, signs, features, sites, places, areas or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural or historical value to citizens of the city of Arroyo Grande that are:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; and/or

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; and/or

3.

Individually listed on or eligible for listing on the California Register of Historic Resources; and/or

4.

Individually listed on a city inventory of historic resources or are determined to be eligible for listing on a city inventory of historic resources during the CEQA review process.

"Home occupations" means occupations conducted in a dwelling unit garage or accessory building in a residential district that are incidental to the principal residential use of a lot or site.

"Home owner's association" means a private organization composed of residents within a project who own in common certain property and who shall be responsible for the maintenance and management of certain commonly owned property.

"Homestay" means a structure on an owner-occupied parcel where a maximum of two short-term lodging rooms are provided for compensation while the property owner is present on-site.

"Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis; and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees or visitors.

"Hotel" means structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation.

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Illumination, Direct. "Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.

Illumination, Indirect. "Indirect illumination" means illumination by means only of light cast upon an opaque surface from a concealed source.

"Improvement" means work by a subdivider or developer, on or off-site from the land being subdivided or developed, to be used by the public and necessary for the general use of the parcel owners and local neighborhood.

"Improvement" also refers to such other specific improvements or types of improvements, the installation of which, by the subdivider or developer, by private or public utilities, by any other entity approved by the city, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.

"Improvement" for the purposes of historic resources means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art or other object constituting a physical feature of real property or any part of such feature.

"Improvement standards" means standards for improvements set forth in this and other regulations related to the development of land within the city.

"Industrial and scientific research and development" means a facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than thirty (30) percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratory - Medical, Analytical, Testing"), or medical laboratories (see "Medical Services - Clinic, Lab, Urgent Care").

"Infill development" means development of vacant land (usually individual lots or left-over properties) within areas that are already largely developed.

"Integrity" means the ability of a structure, site, improvement or natural feature to convey its significance through the survival of key elements of its original style, scale, materials and detailing.

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Kennel, Commercial. "Commercial kennel" means a lot or premises upon which five or more dogs or cats over the age of four months are kept for the purpose of boarding, breeding, raising or training for a fee or for sale.

Kennel, Noncommercial. "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.

"Kitchen" means room or area within a room used for cooking and/or preparation of foods.

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Laboratory - Medical, Analytical, Testing. "Medical, analytical, testing laboratory" means a facility for testing, analysis, and/or research. Examples of this use included medical labs, soils, materials testing labs, and forensic labs.

"Landscaping" means an area devoted to or developed and maintained predominately with, native or exotic plant materials, including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements, such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements.

Large Family Day Care Home. See "Family Day Care Home, Large."

"Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Library" or "museum" means public or quasi-public facilities, examples of which include aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop and restaurant, etc.

"Live/work unit" means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: complete kitchen space and sanitary facilities in compliance with the Building Code; and working space reserved for and regularly used by one or more occupants of the unit.

Lodging, Recreational Vehicle (RV) Park. "Recreational vehicle (RV) park lodging" means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail and recreational uses where they are clearly incidental and intended to serve RV park patrons only.

"Lot" means site or parcel of land under one ownership that has been legally subdivided, resubdivided or combined, and having frontage upon a street, other than an alley, or a private easement determined by the director of public works to be adequate for purposes of access. The site or parcel of land shall be legally subdivided, resubdivided, or combined.

"Lot area" means net horizontal area within boundary lot lines after dedication.

Lot, Corner. "Corner lot" means site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees. The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the planning director shall determine the location of the front yard.

"Lot depth" means average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, Double Frontage. "Double frontage lot" means interior lot having frontage on more than one street.

Lot, Double Frontage

Lot, Flag or Corridor. "Flag or corridor lot" means lot connected to a street by an access corridor (stem) having a width of less than the required lot width. The lot area for a flag lot includes the stem area if the property owner holds title in fee to the stem. See also "Lot or Property Line, Front" and "Yard" (diagram).

Lot, Interior. "Interior lot" means lot other than a corner lot.

Lot, Key. "Key lot" means first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting on the street that intersects or intercepts the street upon which the corner lot fronts.

Lot, Reversed Corner. "Reversed corner lot" means corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.

Illustration of Lot Types

Lot or Property Line, Front. Shortest boundary line of a lot which is coterminous with a street line. For a flag lot the front property line shall be the boundary line parallel to and nearest the street to which the stem of the flag lot abuts. Boundary lines of a double frontage lot which are coterminous with street lines shall be front lines. When the boundary lines of a corner lot, which are coterminous with street lines, are of equal or substantially equal lengths, the front line shall be determined by the planning director. In determining the front line, the planning director shall take into consideration the character of the improvements in the neighborhood of the lot, the relative damage to abutting property owners from the establishment of either of such boundaries as a front line, the character of the building proposed to be constructed and the distance that the buildings are set back from the lines of the two streets on which the lot in question abuts.

Lot or Property Line, Interior. "Interior lot or property line" means lot line not abutting a street.

Lot or Property Line, Rear. "Rear lot or property line" means lot line that is parallel or approximately parallel to the front lot line. Where no lot line is within forty-five (45) degrees of being parallel to the front lot line, a line at least ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

Lot or Property Line, Side. "Side lot or property line" means any lot line that is not a front lot line or a rear lot line.

Lot or Property Line, Street. "Street lot or property line" means lot line abutting a street.

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

"Lowest floor" means, for floodplain management purposes, the lowest floor of the lowest enclosed area, including basement (see floodplain management definition of "basement"). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to, flood opening standards, anchoring standards, construction materials and methods standards and standards for utilities as set forth in Section 16.44.050 of this code. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see floodplain management definition of "basement"). This prohibition includes below grade garages and storage areas.

-M-

"Maintenance services" or "client site services" means base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator equipment, HVAC, instrument, electrical, heating/plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are considered part of the retail use.

"Manufactured home" means structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" does not include a "recreational vehicle" as defined under the city's floodplain management regulations.

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

Manufacturing or Processing, Heavy. Heavy manufacturing" or "processing" means a facility accommodating manufacturing processes that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Heavy manufacturing uses are not allowed within the city of Arroyo Grande except where limited varieties are included under the definition of "Manufacturing, Intensive." Examples of heavy manufacturing include: chemical product manufacturing, concrete, gypsum, and plaster product manufacturing, glass products, paving and roofing materials, petroleum refining and related industries, plastics, other synthetics, and rubber products, primary metal industries, pulp and pulp products, and textile and leather products.

Manufacturing or Processing, Light. "Light manufacturing" or "processing" means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include: clothing and fabric products; electronics, equipment, and appliance products; food and beverage products; handcraft industries, small scale manufacturing; paper products; and photo/film processing labs.

"Marquee" means permanently roofed structure attached to and supported by a building.

"Mean sea level," for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on Arroyo Grande's Flood Insurance Rate Map are referenced.

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

Medical Services - Doctor Office. "Doctor office medical services" means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "Medical Services - Clinic, Lab, Urgent Care." Counseling services by other than medical doctors or psychiatrists are included under "Offices, Professional."

Medical Services - Clinic, Lab, Urgent Care. "Clinic, lab, urgent care medical services" means facilities primarily engaged in furnishing out-patient medical, mental heath, surgical, and other personal health services, but which are separate from hospitals, including health management organizations (HMOs); medical and dental laboratories; medical, dental and psychiatric offices; out-patient care facilities; other allied health services; counseling services by other than medical doctors or psychiatrists are included under "offices."

"Minor change" means for purposes of provisions of this title relating to the subdivision of land only, "minor changes shall mean a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.

"Mixed-use project" means a project, which combines both commercial and residential uses, where the residential component is typically located above or behind the commercial use.

"Mobilehome" means 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.

"Mobilehome, boat, or RV sales" means retail establishment selling mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers.

"Mobilehome park" means any area or tract of land where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes, manufactured homes, or travel trailers used for human habitation for thirty (30) days or longer.

"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, that 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.

"Motel" for purposes of implementing this title, means the same as "hotel."

"Multi-family housing" means a dwelling unit that is part of a structure containing one or more other dwelling units, or a non-residential use. An example of the latter is a mixed use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three, or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); and Cityhouse development (three or more attached dwellings where no unit is located over another unit).

"Municipal code" or "code" means municipal code of the city of Arroyo Grande as amended.

"Mural" means a work of art, such as a painting, applied directly to a wall.

-N-

"New construction" means, for floodplain management purposes, structures for which the start of construction commence on or after September 19, 1984, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means, for floodplain management purposes, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 19, 1984.

"Noise" means any undesirable audible sound.

"Noncommercial sign" means a sign, or portion of a sign, which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site.

"Nonconforming lot" means lot which when lawfully created or established, complied with the width and area requirements of the district where located, but that does not conform to the presently existing area or width regulations of the district where located, or that does not conform to the presently existing requirements of the subdivision ordinance governing lot standards. The lot shall be shown on a duly approved and recorded tract or parcel map or has been issued or is eligible for a certificate of compliance or conditional certificate of compliance.

"Nonconforming sign" means sign, outdoor advertising structure or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, illumination or movement for the district in which it is located by reason of adoption or amendment of this title.

"Nonconforming structure" means structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title.

"Nonconforming use" means lawfully established and maintained use which does not conform with the development standards for site area per dwelling unit or density for the district in which the use is located by reason of adoption or amendment of this title, or a lawfully established and maintained use of a structure or land (including signs) that does not conform with the use regulations for the district in which it is located by reason of adoption or amendment of this title.

"Noncontributing property" means a structure, site, improvement or natural feature located within the boundaries of a designated historic district that is not identified as a contributing property within the district.

-O-

"Obstruction," for floodplain management purposes, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"Off-street loading facilities" means 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.

"Off-street parking facilities" means site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

Off-Street Parking

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

Office, Government. "Government office" means administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities.

Office, Processing. "Processing office" means office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include: airline, lodging chain, and rental car company reservation centers, computer software and hardware design and development, consumer credit reporting, data processing services, health management organization (HMO) offices where no medical services are provided, insurance claim processing, mail order and electronic commerce transaction processing, telecommunications facility design and management, and telemarketing.

Office, Professional. "Professional office" means office-type facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Examples of these uses include" means accounting, auditing and bookkeeping services, attorneys, commercial art and design services, construction contractors (office facilities only), counseling services, court reporting services, detective agencies and similar services, design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, financial management and investment counseling, literary and talent agencies, management and public relations services, media postproduction services, news services, photographers and photography studios, psychologists, secretarial, stenographic, word processing and temporary clerical employee services, security and commodity brokers, and writers and artists offices.

"One hundred (100) year flood" means flood that has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood."

Open Space, Common. "Common open space" means land used for recreation, resource protection, amenity, and/or buffers and dedicated, designed or reserved for public or private use. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel or areas covered by buildings or accessory structures (except recreational structures).

Open Space, Common. "Common open space" means open space within a project owned, designed and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, greenbelts, but excluding pavement or driveway areas, or parkway landscaping within public right-of-way.

Open Space, Private. "Private open space" means usable open space which adjoins and is directly accessible to a residential or nonresidential unit; may be reserved for the exclusive use of the residents, owners or lessees of the unit and their visitors, customers, or employees; and which is maintained by a private entity. Private open space includes private patios or balconies and front, rear or side yards on a lot designed for single-family detached or attached housing.

Open Space, Public. "Public open space" means open space that is accessible and used by the general public for active or passive recreational purposes or resource protection.

Open Space, Usable. "Usable open space" means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas.

Illustration of Open Space Types

"Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to the exterior feature of any structure or property or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration or damage.

"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments not classified under another land use definition where the business is not conducted entirely within a structure.

Outdoor Retail Sales, Temporary. "Temporary outdoor retail sales" means temporary outdoor retail operations including Christmas trees, pumpkins or the sale of seasonal items; farmers' markets; semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales longer than one weekend; retail sales from individual vehicles in temporary locations outside the public right-of-way.

"Overhang" means: (1) The part of a roof or wall that extends beyond the facade of a lower wall; (2) the portion of a vehicle extending beyond the wheel stops or curb.

Overhang

"Overlay district" means a district established by this ordinance, which may be applied to a lot or portion thereof only in combination with a base district.

-P-

"Parapet" means the extension of the main walls of a building above the roof level.

"Park/playground" means public parks, play lots, playgrounds, and athletic fields or courts providing non-commercial facilities for active and/or passive recreation for neighborhood or community use, including recreational community gardening.

"Parking space" means readily accessible area, within a structure or surface parking area, exclusive of aisles, driveways, ramps and columns, maintained exclusively for the parking of one vehicle.

"Parking structure" means any portion of a structure designed to be used for automobile parking or any structure designed totally for parking which includes, without limitation, multilevel, subterranean, and rooftop parking. This excludes at-grade residential garages and carports.

"Parklet" means a small seating area created as a private amenity in a former roadside parking space utilized by a food service business for outdoor dining.

"Performance standards" means a set of criteria or limits relating to nuisance elements that a particular use or process may not exceed.

"Personal services" means establishments providing non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops, day spas, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, massage (licensed, therapeutic, non-sexual), pet grooming with no boarding, shoe repair shops, tailors, and tanning salons. These uses may also include accessory retail sales of products related to the services provided.

Personal Services, Restricted. "Restricted personal services" means personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores, fortune tellers, palm and card readers, pawnshops, psychics, and hot tubs for hourly rental, and tattoo and body piercing services.

"Preexisting" means in existence prior to the effective date of the ordinance enacting this title.

"Printing" or "publishing" means an establishment engaged in printing by letterpress, lithography, gravure, screen, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included under "Business support services."

"Processing facility" means 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. Processing Facilities include the following:

1.

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

2.

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

"Produce stands" means an accessory structure used for the display and sale of vegetables and other produce grown on the site that it serves, with no space within for the customers.

"Project" means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this title.

"Public access" means:

1.

A dedication to public use or to the city and constructed to the required width for road purposes;

2.

A permanent written easement for road purposes to the required width from the state or federal government;

3.

An "access road," as defined in this section, that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the city engineer.

"Public parks and public facilities" means all public parks, recreational fields, libraries, community centers and government buildings such as city hall, the post office, county offices, police and fire stations.

"Public or private educational facilities" means any institution of learning 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, including any nursery school, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the State Department of Education. It shall also mean any public or private day care or preschool provider with greater than six children.

"Public safety facility" means a facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

"Public use" means use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.

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"Qualifying entity" means a nonprofit public benefit 501(c)(3) corporation operating in San Luis Obispo County for the purpose of conserving and protecting land in its natural, rural or agricultural condition. The following entity is a qualifying entity: Land Conservancy of San Luis Obispo. Other entities may be approved by the city council from time to time.

"Quasi-public use" means use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like.

"Queue line" means an area for temporary parking and lining of motor vehicles while awaiting a service or other activity.

-R-

"Recreational vehicle" means, for floodplain management purposes, a vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

"Recyclable material" means reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

"Recyclable material" means reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

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

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

Recycling - Small Collection Facility. "Small collection facility" means a center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: reverse vending machines; or small collection facilities which occupy an area of three hundred fifty (350) square feet or less and may include a mobile unit.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Religious facility" means a permanent facility operated by a religious organization exclusively for worship, or the promotion of religious activities, including accessory uses on the same site. Examples of these types of facilities include churches, mosques, synagogues, and temples. Examples of allowable accessory uses on the same site include living quarters for ministers and staff, facilities for child day care and religious instruction operated at the same time as religious services (where authorized by the same type of a land use permit required for the religious facility itself). May also include fund-raising sales, bazaars, dinners, parties, or other indoor and outdoor events on the same site. Other facilities maintained by religious organizations, including full-time day care centers, full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are defined in this chapter according to their respective activities. Does not include the temporary use of an approved public assembly facility (for example, a private meeting hall, community center, theater, or auditorium) by a congregation for religious meetings, which is instead defined under the type of meeting facility hosting the congregation.

"Religious institutions" means any buildings which are used primarily for religious worship and related religious activities.

Repair Service - Equipment, Large Appliance, etc. "Equipment, large appliance, etc. repair service" means a service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "Vehicle repair facility," the repair of small home appliances and electronic equipment, which is included under "Services, Personal," or maintenance and repair activities that occur on the client's site, which are included under "Maintenance services/Client site services."

"Research and development" means a use engaged in study, testing, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provision of services to others.

"Residential care facility" means any family home, group care facility, or similar facility for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

"Residential use" means any building which is lawfully used for living or dwelling purposes.

"Residential zoning district" means property in the RE, RH, RR, RS, SF, VR, MF, MFA, MFVH, MHP and PD districts.

"Restaurant" means a use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, and similar uses, and including licensed "on-sale" provision of wine and beer for consumption on the premises when accessory to such food service.

"Restricted parking" means a situation where no on-street parking is permitted along the street frontage, or where on-street parking is prohibited during specified hours every day.

"Retail store" means any building or structure in which one or more articles or merchandise or services are sold or provided at retail, including department stores.

"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

"Reverse vending machine(s)" means 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 fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

"Riparian habitat" means vegetation growing close to a watercourse or spring that is generally critical for wildlife cover, fish food organisms, stream nutrients and large organic debris, and for streambank stability.

"Roof line" means intersection of the plane of an exterior building wall and the primary roof plan of the building.

Room, Habitable. "Habitable room" means room meeting the requirements of this title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

"Run with the land" means a covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.

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"School" means a public or private academic educational institution. Also includes schools providing specialized education/training, facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Day care").

"Screened" means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site or outside the area or subject to be screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature.

"Second dwelling unit" means a detached or attached dwelling unit that provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels upon which the primary unit is situated.

"Secondhand store" means a retail store that buys and sells used merchandise, including clothing, furniture and household goods. Secondhand store does not include establishments that primarily sell used jewelry, old coins, stamps, musical instruments, books, entertainment media and collectibles, which are general retail.

Service Station. See "Automobile Service Station."

"Self-storage warehouse" means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

"Sensitive habitat" means a wetland, riparian area, oak woodland or any area in which plan or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

"Shared parking" means situation where the same parking spaces can be utilized by two or more different uses due to the differing peak hours of operation of the uses involved.

"Sidewalk cafe" means an area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking and pedestrian circulation.

"Sign" means any device or medium used or intended for identification, advertising, directional or information purposes.

Sign Business Directory. "Business directory sign" means sign identifying the names and/or uses of various businesses or activities within a building or multi-tenant development.

Sign, Canopy or Awning. "Canopy or awning sign" is considered as projecting signs and subject to the provisions thereof. See "Sign, Projecting."

Sign, Combination Canopy and Under Canopy. "Combination canopy and under canopy sign" means a sign consisting of a sign painted, placed or installed on an awning or canopy and a sign hanging under a canopy or awning to aid pedestrians.

Sign, Directional. "Directional sign" means sign designed solely to provide direction or guidance to pedestrian or vehicular traffic.

Sign, Freestanding or Pole. See "Sign, Ground."

Sign, Ground. "Ground sign" means sign supported by one or more poles, uprights, or braces placed in or upon the ground, which are not a part of or attached to a building. This definition includes "monument signs," "pole signs" and "freestanding signs."

Ground Sign
(Monument Type)

"Sign height" means greatest vertical dimension measured from the ground level directly beneath the sign to the top of the sign.

Sign Height

"Sign, Illuminated. "Illuminated sign" means sign that uses an artificial light source to make the message readable.

Sign, Integral Roof. "Integral roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof, and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

Integral Roof Sign

Sign, Nonconforming. See "Nonconforming sign."

Sign, Portable. "Portable sign" means a sign designated to be moved or relocated easily, and not permanently affixed to the ground, a building or a structure.

Portable Signs

Sign, Projecting. "Projecting sign" means sign other than a surface sign that extends outward, suspended from or supported by a building or structure.

Sign, Roof. "Roof sign" means sign erected upon or above the roof or parapet of a building or structure. Roof signs are prohibited in the city.

Sign, Temporary. "Temporary sign" means a nonpermanent sign painted on a window or constructed of paper, cloth, or similar material intended to be displayed for a limited period of time.

Sign, Wall. "Wall sign" means sign attached to, erected against, or painted upon the wall of a building or structure with the exposed face in a plane parallel to the plane of the wall. Wall signs shall not project from a building more than twelve (12) inches or extend above the roof line or wall structure.

Sign, Window. "Window sign" means sign placed inside or intended to be seen from the exterior. Window signs shall not exceed twenty (20) percent of the window area and shall be included in determining the aggregate sign area permitted.

Illustration of Sign Types

"Significance (historic resource)" means a resource that has been determined to be historically important to the community by meeting any of the criteria in Municipal Code Section 16.16.135(B) based upon consideration of information submitted in the record during the historic resource designation process as outlined in Municipal Code Section 16.16.135, Minor use permit—Historic resource or district designation.

Small Collection Facility. See "Collection facility."

Small Family Day Care Home. See "Family Day Care Home, Small."

"Social service organization" means a public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and transitional housing, or "Residential Care facility," which are separately defined.

"Solar access" means a property owner's right to have sunlight shine on his or her property.

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99 or AH.

"Specific plan" is defined in California Government Code Section 65450.

"Specified anatomical areas" means and includes any of the following:

1.

Less than complete and opaquely-covered human genitals, pubic region, buttocks, anus or female breasts below a point above the top of the areola; or

2.

Human male genitals in a discernable turgid state, even if completely or opaquely covered.

"Specified sexual activities" means and includes any of the following:

1.

The fondling or touching of human genitals, pubic regions, buttocks, anus or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of, or in connection with, any of the activities set forth in subdivisions 1 through 3 of this subsection.

Stable, Commercial. "Commercial stable" means stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

Start of Construction. See "Construction, Start of."

"State geologist" means individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

Storage, Outdoor. "Outdoor storage" means an area not within a building that is proposed or used for the storage of building materials, other supplies, equipment, or other materials, either as the primary use of a parcel or as storage accessory to another use.

Storage Facility, Personal. "Personal storage facility" means structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

"Story," as identified in the Uniform Building Code, generally means 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. If the finished floor level directly above usable or unused underfloor space is more than six feet above finished grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above finished grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story.

"Street, highway or public right-of-way" means public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, providing the primary roadway to and egress from the property abutting thereon.

Street, Private. "Private street" means private reciprocal easement providing the primary roadway to and egress from the property abutting thereon.

"Structural alteration" means any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

"Structure" 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. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Structure, Accessory. "Accessory structure" means subordinate building or portion of a main building, the use of which is incidental, appropriate and subordinate to that of the main building.

Structure, Main. "Main structure" means structure housing the principal use of a site or functioning as the principal use.

"Subdivider" means person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" means division, by any subdivider, of any unit or unity of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing livestock.

"Subdivision design" means:

1.

Street alignments, grades and widths;

2.

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3.

Location and size of all required easements and rights-of-way;

4.

Fire roads and firebreaks;

5.

Lot size and configuration;

6.

Traffic access;

7.

Grading;

8.

Land to be dedicated for park or recreational purposes; and

9.

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.

"Substantial damage" means, for floodplain management purposes, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means, for floodplain management purposes, any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."

"Surface parking lot" means a tract of land used for the temporary parking of motor vehicles when such use in not accessory to any other use.

-T-

"Tandem parking" means parking space configuration where two or more parking spaces are lined up one behind the other.

TANDEM PARKING

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).

Tentative Map and Vesting Tentative Map.

1.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon a detailed final survey of the property.

2.

"Vesting tentative map" refers to a map which meets the requirements of Section 16.20.100 of this title.

Tentative Map, Revised. "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.

"Theater" or "auditorium" means an indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include: civic theaters, and facilities for live theater and concerts; movie theaters; and similar public assembly facilities.

"Tiny home on wheels" means a structure built on a chassis and intended for separate, temporary, independent living quarters for one household that meets the conditions listed in Section 16.52.260.B

"Top of bank" means the highest elevation of land which confines the flow of water to the channel. For areas where the top of bank is not distinguishable, the edge of floodway shall be used as the top of bank.

-U-

"Use" means purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged for which either a site or a structure is or may be occupied or maintained.

-V-

"Vacation rental" means a structure or structures on a property being rented for less than thirty (30) days without concurrently being occupied by the owner/operator where the short-term lodging is provided for compensation.

"Variance" means grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

"Vehicle repair facility" means an establishment designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work.

"Violation," for purposes of Section 16.44.050, means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

"Visible" means likely to be noticed by a person of average height walking on a Street or sidewalk two years after installation of any planting screening material intended to screen a view.

-W-

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

"Warehousing" means use of a building or buildings for the storage of goods of any type, when such building or buildings contain more than five hundred (500) square feet of storage space and where no retail operation is conducted.

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

"Wholesaling" means selling of any type of goods for purpose of resale.

"Wholesaling and distribution" means an establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; merchant wholesalers; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

"Winery" means a manufacturing facility where wine grapes are crushed, fermented, aged, bottled, and sold at wholesale as finished wine. May include tasting and accessory retail sales of wine produced on site and gift items.

-Y-

"Yard" or "court" means open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this title, including a front yard, side yard, rear yard or court between structures.

Yard, Front. "Front yard" means yard extending across the full width of a site between the side lot lines, whose depth is measured from the front property line to a line parallel thereto at a distance equal to the required front yard setback. On a private street where the front property line is coterminous with the centerline of the street, the front yard setback shall be measured from back of sidewalk. If there is no sidewalk, the front yard setback is measured from back of curb or pavement.

FRONT YARD SETBACK ALONG PRIVATE STREETS

Yard, Rear. "Rear yard" means yard extending across the full width of a site between the side lot lines, whose depth' is measured from the rear property line and a line parallel thereto at a distance equal to the required rear yard setback. However, on a corner lot, the rear yard shall extend only to the side yard abutting the street.

Yard, Side. "Side yard" means 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), whose width is measured from the side property line and a line parallel thereto at a distance equal to the required side yard setback. However, the side yard on the street side of a corner lot shall extend to the rear lot line.

ILLUSTRATION OF YARDS

"Yard (street rear, double frontage lot)" means yard extending across the full width of a site between the side lot lines, whose depth is measured from the property line not providing vehicular access to a public street, to a line parallel thereto at a distance equal to the required rear yard setback. However, on a corner double frontage lot, the street rear yard shall extend only to the side yard abutting a street.

"Youth-oriented facilities" means any facility used primarily by youths (under eighteen (18) years of age) for physical or social activities and operated by a profit or nonprofit organization such as boys and girls clubs, private recreational fields, miniature golf courses, water slides, video arcades and other recreational facilities.

Illustration of Yards for Double Frontage Lots

-Z-

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

Zero Lot Line

(Ord. 605 § 2, 2008; Ord. 600 § 2, Exh. A (part), 2008; Ord. 598 § 2, Exh. A (part), 2008; Ord. 591 § 2, Exh. A (part), 2007; Ord. 584 § 3, Exh. B (part), 2007; Ord. 571 Exh. A (part), 2005; Ord. 548 § 3, Exh. B (part), 2003; Ord. 544 § 3 (part), 2003; Ord. 541 § 3, 2003; Ord. 522 § 3, 2000; Ord. 519 § 3, 2000; prior code §§ 9-18.010—9-18.030)

(Ord. No. 630, § 2, 2-22-2011; Ord. No. 646, §§ 1, 2, 9-25-2012; Ord. No. 652, § 1, 6-25-2013; Ord. No. 663, § 4, 6-10-2014; Ord. No. 677, § 2, 4-13-2016; Ord. No. 685, § 2, 5-9-2017; Ord. No. 692, § 2, 5-22-2018; Ord. No. 718, § 4, 10-11-2022; Ord. No. 719, § 3, 10-11-2022; Ord. No. 720, § 3, 11-22-2022; Ord. No. 728, § 4, 2-27-2024; Ord. No. 2025-002, § 7, 2-11-2025; Ord. No. 2025-010, § 4, 10-14-2025)