When used in this Title
19, the words, terms and phrases defined in this chapter shall have the meaning and construction given herein, except when used in a context which clearly indicates a different meaning or construction.
Abutting."Abutting" means physically touching. Abutting lots share a common lot line or lot corner. Abutting buildings or objects are located in such a way that at one or more points there is no intervening space between them.
Access."Access" means the way, place or means by which pedestrians or vehicles are physically and legally permitted ingress and/or egress from a building, lot, area or use.
Adjacent."Adjacent" means physically touching or separated only by intervening open space. Adjacent sites or lots are either abutting or separated by an alley, street (other than a highway) or other right-of-way not more than one hundred twenty feet in width. Adjacent buildings or structures are those located on the same site or on lots adjacent to the subject site.
Adult day care center."Adult day care center" means a licensed community care facility for the regular care and supervision of the elderly, developmentally disabled adults, or mentally disordered adults for periods less than 24 hours in a non-residential setting outside the licensee's own residence with incidental non-acute medical care and a variety of social and related support services, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Affordable housing."Affordable housing" means dwelling units:
B. Constructed for qualifying senior citizens as defined in Section
51.2 of the California Civil Code as the same exists or may be amended.
Alley."Alley" means public right-of-way providing vehicular access to the side or rear of one or more lots but not intended for through traffic circulation.
Alteration."Alteration" means any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns or beams, any horizontal or vertical enlargement or diminution, any change in the size of exterior doors or windows, or the moving of a building or structure from one location to another, either on the same parcel or another.
Amenity."Amenity" means a feature or area integrated into a development that enhances the attractiveness or value of a location or property, such as a swimming pool, clubhouse, park, or other leisure or recreational facilities.
Animal Sales and Grooming."Animal sales and grooming" means a combined business or service that involves the sale of animals along with grooming services for these animals. In this establishment, customers can purchase animals like cats, or birds, (excluding dogs) and also have their pets groomed and maintained. Grooming services typically include activities like bathing, fur trimming, nail clipping, and hygiene care. Overnight care or boarding is not permitted.
Antiques."Antiques" means objects of art or pieces of furniture, household implements and the like, which, because of age, rarity and fabrication, or manufacture at a time much earlier than the present, have acquired a collector's quality and value. This definition does not include any objects or materials that are obsolete and have secondhand or salvage value only.
Arboretum/botanical garden."Arboretum/botanical garden" means a facility, whether public or private, primarily dedicated to the cultivation, display, and preservation of a variety of plants, trees, and other vegetation for educational, research, conservation, and aesthetic purposes. These spaces may include greenhouses, walking trails, interpretive signage, demonstration gardens, and areas for public events or guided tours. Ancillary uses may involve visitor centers, gift shops, and cafes, provided they support the primary function of the arboretum or botanical garden.
Arcades."Arcades" mean an establishment where four (4) or more mechanical or electronic amusement games are located, whether provided independently or as an accessory use to another business. Objective Design and Development Standards mandate that the maximum size of an arcade does not exceed 3,000 square feet. However, arcades proposed to exceed this limit must obtain City Council approval. In no case shall an arcade exceed 10,000 square feet. Noise buffers/barriers are required to mitigate sound disturbances, and special protective measures apply to arcades located within 50 feet of residential areas to ensure a harmonious coexistence.
Architectural Feature."Architectural feature" means a prominent or characteristic part of a building, such as a cornice, parapet, eave, sill, window or door frame, or other embellishment.
Assisted Living Facility."Assisted living facility" means a licensed residential facility designed for seniors or disabled individuals who require assistance with daily activities, including meals, medication management, and personal care.
Automated Teller Machines (ATMS)."ATMs" mean a pedestrian- or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with the City's Municipal Code.
Automobile service station."Automobile service station" means an establishment or portion of an establishment where motor vehicle fuel is dispensed at retail.
Banquet/catering facility."Banquet/catering facility" means a commercial enterprise primarily engaged in the preparation and provision of food and beverages for events, functions, and gatherings, whether on-site at a banquet facility or off-site at a client-designated location. This definition includes both banquet facilities and catering facilities. The primary function is to prepare and serve food and beverages for pre-arranged events such as weddings, corporate meetings, parties, and other social gatherings. The business may operate from a designated banquet facility, a catering kitchen, or both. A banquet facility typically includes dining areas, event spaces, and amenities to host large groups, while a catering facility focuses on food preparation and logistical support for off-site events. Banquet facilities may host events on-site, providing space and amenities such as tables, chairs, decorations, and audiovisual equipment.
Basement."Basement" means that portion of a building which is partly or wholly below grade. A basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above grade plane.
Bedroom."Bedroom" means a room within a dwelling unit, other than a kitchen, living room or dining room, which could be used for sleeping purposes, is provided with natural light and natural ventilation, and is separated by a door or archway from the rest of the dwelling unit.
Berm."Berm" means a mound of earth designed and permanently maintained for purposes of visual screening, physical enclosure, noise control, erosion or drainage control, or as an element of landscape design. (See also fence.)
Borrow pit."Borrow pit" means any place or premises where earth, soil, sand, gravel or other material is removed by excavation for any purpose other than that necessary and incidental to development on the same premises.
Buffer."Buffer" means a strip of land, including landscaping, berms, walls, and/or fencing, that physically separates and visually screens one use or property from another to mitigate adverse impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.).
Building."Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.
Building, accessory."Accessory building" means a building or structure detached from a main building on the same premises and used or intended only for an accessory use.
Building coverage."Building coverage" means the percentage of the lot area that is covered by buildings or structures, excluding open areas such as courtyards, plazas, and pedestrian pathways.
Building frontage."Building frontage" means the side of a building containing the main entrance for pedestrian entrance and exit. If more than one main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.
Building height."Building height" means the vertical distance from the finished ground level to the roof surface of a building. Since some building height regulations of this Title define sloping building envelopes, the permitted building height may vary from point to point and the highest point of a roof may not be the critical point for height limitation purposes. Where the finished ground level varies around the perimeter of a building, an assumed ground level at any point within the perimeter of the building is derived from a cross-section through the building in the vertical plane which is critical for height limitation purposes, in which plane the ground level on opposite sides of the building is connected by a straight line. (See Diagram 1 at the end of this chapter.)
Building, main."Main building" means a building within which is conducted a primary or incidental use of the premises.
Building official."Building official" means the officer of the City responsible for enforcing the building, plumbing, mechanical, electrical, and related codes.
Canopy or tarp."Canopy or tarp" means any shelter, including support structure, which exceeds 42 square feet and maintains a roof, cover, or walls made of cloth, vinyl, flexible plastic, canvas, or other similar material, whether freestanding or attached to another structure, including trampolines.
Carport."Carport" means a roofed structure providing space for parking of motor vehicles and enclosed on not more than three sides.
Carwash, drive-through."Drive-through carwash" means a mechanical carwash where customers remain in their vehicles during washing operation.
Carwash, full-service."Full-service carwash" means a mechanical and/or hand carwash where customers leave their vehicles during washing operations.
Carwash, mechanical."Mechanical carwash" means any permanent facility where power-driven equipment, steam-cleaning equipment, or stalls with water-spraying devices are used for the washing of vehicles as a retail service. Mechanical carwashes are further classified as either full-service, drive-through or self-service carwashes.
Carwash, self-service."Self-service carwash" means a mechanical carwash where facilities are provided for customers to wash their own vehicles.
Certificate of Occupancy."Certificate of Occupancy" means a document issued by the Building Official certifying that a building or structure complies with all applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
Child day care center."Child day care center" means a licensed community care facility for the regular, non-medical care and supervision of infants, toddlers, preschoolers, and/or school-age children for periods of less than 24 hours in a non-residential setting outside the licensee's own residence, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Church."Church" means a permanent use of premises where the primary activity is religious worship and the premises are maintained and controlled by an organized religious body. Rescue missions, tent revivals, and temporary assemblies are not included in this definition.
Club."Club" means a permanent use of premises where the primary activity is assembly of a nonprofit association of persons for social or recreational purposes, and the premises are maintained and controlled by such association. Organizations and activities primarily or customarily involved in commercial enterprise are not included in this definition.
Cluster development."Cluster development" means a development design technique that groups residential units in a specific area of a site to preserve the remaining land for open space, or recreation.
Commercial establishment, drive-in."Drive-in commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive and consume goods or services while remaining in their parked motor vehicles on the premises.
Commercial establishment, drive-through."Drive-through commercial establishment" means an establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at a drive-up window or station and then leave the premises without parking their vehicles.
Commercial establishment, take-out."Take-out commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures predominantly encourages or permits customers to receive goods or services at a walk-up window or station, but does not provide for or encourage consumption on the premises.
Commercial establishment, walk-up."Walk-up commercial establishment" means a food sales or service establishment which by design, physical facilities, and/or service procedures encourages or permits customers to receive goods or services at an exterior walk-up window or station and encourages or provides for consumption on the premises.
Community apartments."Community apartments" means a multifamily residential development in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. (See California Business and Professions Code Section
11004.)
Community character."Community character" means the image of a community or area as defined by factors such as built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services.
Community Noise Equivalent Level (CNEL)."Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after addition of five decibels to sound levels from seven p.m. to ten p.m. and after addition of ten decibels to sound levels from ten p.m. to seven a.m. (See California Government Code Section
65302(f).)
Community residential care facility."Community residential care facility" means a community care facility licensed for any type of twenty-four-hour care pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section
1500 et seq.)
Condominium."Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold. (See California Civil Code Section
783.)
Condominium development, residential."Residential condominium development" means a multifamily residential development utilizing a condominium, stock cooperative or community apartments form of ownership.
Contractor."Contractor" means a person engaged in or purporting to be engaged in the business of building, constructing, plumbing, electrical, painting, plastering, masonry, floor finishing, gardening, landscaping maintenance, landscaping, lawn renovating, wall papering, demolition, grading, excavation, road building or repair, drilling, tank removal or installation, sign installation or repair, pipeline installation or repair, building moving, or any similar occupations or trades whether licensed by the State of California or not.
Contractor's storage facility."Contractor's storage facility" means any premises used by a contractor, as defined, for the purpose of storing, maintaining, servicing, distributing, or dispatching supplies, materials, vehicles, equipment, tools, scaffolding, or similar items required by or associated with a contractor's business.
Cooperative, stock."Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property; if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. This definition does not include a limited-equity housing cooperative, as defined in Section
11003.4 of the California Business and Professions Code. (See California Business and Professions Code Section
11003.2.)
Curb cut."Curb cut" means a ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway.
Dancehall."Dancehall" means a commercial establishment, venue, or facility that is primarily designed, intended, or used for public dancing. Such establishments typically feature a dance floor or designated dance area and may provide live or recorded music, lighting, and other amenities to enhance the dancing experience. This definition includes, but is not limited to, nightclubs, discotheques, and dance clubs. Dancehalls or other public dancing facilities shall not be located within 200 feet of any residential use and shall implement noise control measures to minimize impacts on surrounding uses. Dancehalls or other public dancing facilities shall provide on-site security personnel and surveillance systems to ensure the safety of patrons and staff.
Dental office."Dental office" has the same meaning as medical or dental clinic.
Development."Development" means a plan or program, the process of carrying out such plan or program, and/or the result of such plan or program, for changing, extending or improving the use of a site. Development may include, but is not limited to: the division or assembly of land, space or facilities; altering or disturbing the land surface and landscape; construction, reconstruction or relocation of buildings or structures; installing utilities, streets, walkways, fences and landscaping; and the change, conversion, extension or diminution of the use of land, structures, and facilities.
Director."Director" means the Director of Community Development of the City or his or her other duly authorized designee.
Display."Display" means the placement of goods, merchandise, equipment or exhibits for viewing at a location visible to or accessible to the public.
Driveway."Driveway" means a private roadway for vehicular travel extending from a street or alley property line to a parking area, loading area, drive-in or drive-through service area, or to an entrance to a building or other facility. Parking aisles within parking areas and truck maneuvering areas are not included within this definition. (See Diagram 2 at the end of this chapter.)
Dry cleaning, coin-operated."Coin-operated dry cleaning" means a business establishment providing for self-operated cleaning of garments. This definition is limited to the use of single-batch, automatic cleaning machines, activated by the insertion of a designated coin, where an attendant is not required to, but may, provide only incidental pressing, spot removing, and supervision.
Dwelling."Dwelling" means a building containing one or more dwelling units. A group quarters or other building or portion thereof devoted primarily to rooming units is not considered a dwelling.
Dwelling, factory-built."Factory-built dwelling" means a dwelling constructed in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on-site in accordance with building standards published in the state Building Standards Code and other regulations adopted pursuant to Section
19990 of the California Health and Safety Code. This definition does not include a mobile home, site-built dwelling or recreation vehicle. (See California Health and Safety Code Section
19971.)
Dwelling, junior accessory unit."Junior accessory dwelling unit" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
Dwelling, manufactured."Manufactured dwelling" means a factory-built dwelling or a mobile home in place on a foundation system.
Dwelling, multifamily."Multifamily dwelling" means a residential use in which there is more than one dwelling unit on a lot.
Dwelling, single-family."Single-family dwelling" means a residential use in which there is only one detached dwelling unit on a lot.
Dwelling, site-built."Site-built dwelling" means a dwelling constructed by erecting and joining materials and components on the site where the dwelling is to be occupied. This definition does not include a factory-built dwelling or a mobilehome installed on a site.
Dwelling unit."Dwelling unit" means one or more habitable rooms, having one and only one kitchen, and arranged for or occupied by one or more persons living as a household unit with common access to all living, eating, and food preparation areas. An outdoor food preparation area shall not be considered a kitchen. Furthermore, a dwelling unit and any expansion of a dwelling unit shall comply with the following criteria;
A. Common interior access to all living, eating, and food preparation areas shall be provided through habitable rooms or a common hallway.
B. A wet bar may be provided outside the kitchen, provided that no cooking appliances, whether of a temporary or permanent nature, are provided that defeat the purpose and intent of one and only one kitchen within a dwelling unit.
Dwelling unit, accessory."Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated. An accessory dwelling unit can also be an efficiency unit, as defined in Section
17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section
18007 of the Health and Safety Code.
Dwelling unit, junior accessory."Junior accessory unit dwelling" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence.
Educational institution."Educational institution" means a public, parochial or other nonprofit institution conducting regular academic instruction at kindergarten, elementary, secondary, collegiate, university or graduate level. Such institution must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education or confer degrees as a college or university of undergraduate or graduate standing. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.
Elderly housing."Elderly housing" means dwelling units which are or would be classified as elderly housing as the term is used in the City's current housing assistance plan and, by the terms of its ownership, financing, and management, such housing will continue to be made available primarily to persons sixty-two years of age or older.
Emergency shelter."Emergency shelter" means a facility that provides immediate and short-term housing (limited to occupancy of six (6) months or less) and minimal supplemental supportive services to homeless persons or families. Supplemental services may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section
50801(e) of the California Health and Safety Code).
Encroachment."Encroachment" means any object or obstruction within a prescribed yard, setback or open area.
Establishment."Establishment" means a premises or portion thereof occupied by a nonresidential use under the unified management and control of one person or organization.
Exhibit hall."Exhibit hall" means a facility or portion of a facility designed and used for hosting events such as trade shows, conventions, exhibitions, product showcases, and similar gatherings. These spaces are typically equipped to accommodate large groups and may include features such as display areas, meeting rooms, and support services. The use explicitly excludes swap meets, flea markets, or similar activities involving the direct sale or exchange of goods between individuals.
Expansion of use."Expansion of use" means any increase in floor area or site area devoted to a use, or any intensification of use which requires additional parking space.
Extension of use."Extension of use" means the prolongation of the time that a use exists at a given location. Also, the same as expansion of use.
Fence."Fence" means a linear barrier of any material or combination of materials, including living plant materials, placed for the purpose of screening or enclosing open areas of land. Walls, hedges, and berms are included in this definition.
Fence height."Fence height" means the vertical distance, at any point, from the finished ground level to the top of the fence. Where the ground elevation is different on opposite sides of a fence, the height is measured on the side of the fence having the higher ground elevation.
Floor area, existing."Existing floor area" means a legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.
Floor area, gross."Gross floor area" means the sum of the horizontal area of all floors of a building or group of buildings, measured from the exterior faces of exterior walls or from the center of party walls separating buildings.
Floor area, net."Net floor area" means the interior floor area of a room or building, excluding fixed walls, stairways, elevator shafts, and permanently unoccupiable spaces.
Frontage, street."Street frontage" means a line, and the length thereof, along which a lot abuts a public street. Where a lot abuts more than one street, or abuts the same street along more than one continuous line, each such line is considered a separate frontage.
Garage."Garage" means a roofed structure providing space for the parking of motor vehicles and enclosed on all sides.
Ground coverage."Ground coverage" means the total ground area, measured in a horizontal plane, within the boundaries of the exterior walls of all roofed structures on a site.
Group home."Group home" shall have the same definition as provided in Chapter
5.70 of the Buena Park Municipal Code.
Group quarters."Group quarters" means a building or group of buildings containing sleeping rooms for persons not living as household units. Group quarters differ from dwellings in that there are no kitchen facilities separately associated with each sleeping/living unit, and there is not common access to all living, eating, and food preparation areas.
Guesthouse."Guesthouse" means any space in an accessory structure which could be used as habitable quarters, but not constituting a dwelling unit.
Highway."Highway" means a street which is designated as a major highway, primary highway or secondary highway in the circulation element of the General Plan.
Home occupation."Home occupation" means a business or employment activity conducted on residential premises.
Hospital."Hospital" means a health facility licensed as a hospital of any type by the state pursuant to the California Health and Safety Code, Division
2, Chapter 2, Article 1, Section
1250 et seq. This definition includes a general acute care hospital, acute psychiatric hospital, special hospital, and psychiatric health care facility. This definition does not include long-term health care facilities (skilled nursing or intermediate care).
Hotel, motel, or motor hotel."Hotel," "motel" or "motor hotel" means a facility offering transient lodging accommodations of less than 30 consecutive days to the general public, except where a conditional use permit has been obtained as permitted in Section
19.552.110 of this Title.
Industrial clinic."Industrial clinic" means a medical clinic where the predominant activity is serving the emergency and on the job medical needs of industrial employees.
Infill development."Infill development" means a development of vacant or underutilized land (usually individual lots or leftover properties) within areas that are already largely developed.
Integrated development."Integrated development" means a development for more than one use or tenant, whether under a single ownership or multiple ownerships, carried out at one time or in phases, but in accordance with an overall design, or operated under some degree of coordinated management, or involving sharing of common facilities such as parking. The intent of an integrated development is to provide through Conditions, Covenants, and Restrictions a means of common maintenance, architectural integrity and compatibility, a comprehensive sign program, and provisions for master planning of future expansions and alterations with review and approval of the City.
Kennel."Kennel" means an establishment where four or more dogs or other animals, at least four months of age, are kept, boarded or trained. This definition does not include a dwelling with permitted household pets.
Kitchen."Kitchen" means a single, core food preparation area for meals within an individual dwelling unit which shall be in common use by all members of a household residing in such dwelling unit. The kitchen shall have common interior access at all times to all other habitable rooms of such dwelling unit.
Kitchen, efficiency."Efficiency kitchen" means a kitchen that includes the following at a minimum: appliances for cooking food and refrigeration, either built-in or countertop; a sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom; and a food preparation counter.
Landscaped area."Landscaped area" shall mean those portions of any lot or parcel devoted to or developed with landscaping including those portions of a lot or parcel required to be landscaped by a Conditional Use Permit, Variance, Site Plan, Zoning Ordinance requirement, or other entitlement for use.
Landscaping."Landscaping" means a designed or natural arrangement of plant materials including grass, ground cover, shrubs, trees, vines, and similar vegetation and may include the use of decorative rock, stones, bark, walls, fountains, pools, brick or similar paving as accessory decorative elements. The use of artificial turf may be considered for single-family home use as an alternative to grass and ground cover, provided that a minimum 15% of the front yard area is accented with living plant material such as natural shrubs, trees, vines, or similar vegetation and approved via the Artificial Turf Permit process. Driveways, parking areas, loading or storage areas and bare earth, devoid of living vegetation or accessory decorative elements shall not be considered landscaping.
Liquor, off-sale."Off-sale liquor" means the sale of alcoholic beverages for consumption off the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Sections
23000 through
25762.)
Liquor, on-sale."On-sale liquor" means the sale of alcoholic beverages for consumption on the premises where sold, as defined, regulated, and licensed by the Department of Alcoholic Beverage Control. (See California Government Code Sections
23000 through
25762.)
Liquor store."Liquor store" means any establishment which offers for retail sale, for consumption off-premises, any alcoholic beverage.
Livestock."Livestock" means any domesticated animal or fowl, used for commercial purposes, as a beast of burden, or otherwise, including, but not limited to, horses, cows, sheep, goats, pigs, hogs, chickens, turkeys, peacocks, guineas, geese, and ducks.
Live-work."Live-work" means a building or space within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Loading space."Loading space" means an off-street space or berth used for the loading or unloading of trucks or other commercial vehicles.
Long-term health care facility."Long-term health care facility" means a skilled nursing facility or intermediate care facility of any type licensed by the State pursuant to the California Health and Safety Code, Division
2, Chapter 2, Article 1, Section
1250 et seq.
Lot."Lot" means a lawfully created and defined parcel of land held in undivided ownership.
Lot area."Lot area" means the area, measured in a horizontal plane, bounded by the lot lines of a lot.
Lot area, net."Net lot area" means lot area exclusive of:
A. Public streets, alleys, walkways, and other existing public rights-of-way;
B. Proposed public rights-of-way such as streets, alleys, and other land to be reserved or dedicated for public use when such rights-of-way, reservations or dedications are approved or required as part of a development;
C. Other public or private easements where the owner(s) of the servient tenement does not have the right to use the land surface or space within the easement in any manner.
Lot, corner."Corner lot" means a lot abutting two or more streets at their intersection and the angle of intersection is not more than one hundred twenty degrees.
Lot depth."Lot depth" means the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line of a lot.
Lot line."Lot line" means any line bounding that portion of a lot which is not part of a dedicated public right-of-way.
Lot line, front.A. In the case of a lot having only one street frontage, the frontage is the front lot line.
B. In the case of a corner lot, the shorter street frontage is the front lot line (see Diagram 3 at the end of this chapter), with the exception that the Director may determine that the longer street frontage be defined as the front lot line based on the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yard and related open space requirements.
C. In the case of a lot at the intersection of two streets with an angle of intersection greater than one hundred twenty degrees, both street frontages together are considered to be the front lot line.
D. In the case of a lot with noncontinuous street frontages or with three or more street frontages, the Director shall determine which frontage or frontages are considered as front lot lines. Such determination is based upon the orientation of existing or proposed development on the subject lot or adjacent lots.
E. In the case of a corner lot with an existing development where the setbacks of the existing structure(s) along both streets satisfies the minimum front yard setback, the Director may determine which frontage may be considered as the front lot line. Such determination shall take into account the orientation of the existing structure(s) on the subject lot or adjacent lots and the provision of other conforming yards and related open space requirements.
Lot line, rear.A. "Rear lot line" means the lot line which is opposite and most distant from the front lot line of the same lot (see Diagram 3 at the end of this chapter).
B. In the case of an irregular, triangular or gore-shaped lot, the rear lot line is an assumed line within the lot parallel to the front lot line, not less than ten feet in length, and located at the maximum possible distance from the front lot line.
C. In the case of a lot where the Director determines the front lot line, the Director shall also determine which lot line or assumed line, if any, is considered the rear lot line.
Lot line, side."Side lot line" means any lot line which is not a front or rear lot line. (See Diagram 3 at the end of this chapter.)
Lot, reversed corner."Reversed corner lot" means a corner lot where a side lot line abutting a street is substantially a continuation of the front lot line of the lot to the rear of the subject lot, whether or not separated from the subject lot by an alley.
Lot width."Lot width" means the horizontal distance between side lot lines measured at the required front yard setback line.
Major transit stop."Major transit stop" means a site containing an existing rail or bus rapid transit station, the intersection of two (2) or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods, or other major transit stops that are included in the applicable regional transportation plan.
Medical laboratory or dental laboratory."Medical laboratory" or "dental laboratory" means an establishment devoted to conducting tests and analyses and/or the preparation of materials (including prostheses) related to the activities of medical or dental offices or clinics.
"Ministerial processing" or "ministerial approval".means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.
Mobilehome."Mobilehome" means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. This definition does not include a recreation vehicle or factory-built dwelling. (See California Health and Safety Code Sections
18008 and
18211.)
Mobilehome park."Mobilehome park" means any area or tract of land under unified ownership, control or management where five or more mobilehome sites are provided to accommodate mobilehomes used for human habitation. (See California Health and Safety Code Section
18214.)
Mobilehome site."Mobilehome site" means an area within a mobilehome park designated for the use and occupancy of one mobilehome, including all contiguous space for the exclusive use of occupants of the mobilehome.
Motor vehicle."Motor vehicle" shall be as defined in California Vehicle Code Section
415, as the same may be amended from time to time.
Motor vehicle, inoperative."Inoperative motor vehicle" means any motor vehicle which is unlicensed, unregistered or otherwise not legally permitted to be driven upon the streets and highways of the State of California or any motor vehicle which is disabled, dismantled, wrecked, or from which some essential component thereof has been removed thereby rendering such motor vehicle incapable of being driven under its own motive power.
Multi-tenant development."Multi-tenant development" means a development for more than one business, situated in separate tenant spaces in the same building, where the property is operated under single ownership, and exhibits consistent architectural design and shared common facilities such as parking, pedestrian access, and signage. The intent of a multi-tenant development is to facilitate a mixture of compatible, related uses where the property management is responsible for maintenance and enforcement of conditions of approval for the development, including, but not limited to, property maintenance, signage, and permitted uses.
New construction."New construction" means any development which is either being constructed on a vacant parcel or at least 80% of the existing structure(s) square footage is proposed to be demolished.
Nonconformity or nonconforming."Nonconformity" or "nonconforming" means any use, activity, feature of development or operation, or other circumstance which does not conform to the regulations of this Title, but which was lawfully established under the regulations which prevailed at the time of such establishment.
Objective design standards."Objective design standards" means a design standard that involves no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (See California Government Code Section
65913.4.)
Open area."Open area" means land area not covered by buildings and not improved or arranged for vehicular use, together with uncovered balconies and decks or other above or below grade uncovered areas which have access for pedestrian or recreational use.
Open area, common usable."Common usable open area" means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development.
Open area, private."Private open area" means open area provided and arranged for the exclusive use of the occupants of a specific dwelling unit.
Overlay zone."Overlay zone" means a supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations applicable to select properties within the City.
Parking aisle."Parking aisle" means the traveled way within a parking area by which vehicles enter and depart parking spaces. (See Diagram 2 at the end of this chapter.)
Parking area."Parking area" means a contiguous group of parking spaces and parking aisles.
Parking lot."Parking lot" means premises or the portion thereof devoted to parking of motor vehicles, not including parking within a structure.
Parking space."Parking space" means a space provided for and intended to be occupied by a motor vehicle when parked.
Parking structure."Parking structure" means a structure or portion of a structure providing parking spaces.
Passageway."Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the residential unit.
Permanent supportive housing."Permanent supportive housing (PSH)" combines affordable housing with services for chronically homeless individuals or families. Chronically homeless individuals or heads of household are those have a disabling condition and have experienced homelessness in past 3 years, for at least 12 months, or on at least 4 separate occasions.
Pharmacy."Pharmacy" means an establishment where the predominant activity is the preparation and dispensing of drugs and medicines.
Planned unit development."Planned unit development" means a development in which units of land together with the structures and facilities on such units are owned individually, while other land, structures, and/or facilities in the same development are provided for the common use of the unit owners and such common property is owned on a proportional, undivided basis by the unit owners or by an association of the unit owners.
Predominant use or activity."Predominant use or activity" means an identifiable activity occurring on a premises which is greater in amount than any other activity or component of use occurring on the same premises. For this purpose, the most appropriate criterion for measuring amount of activity shall be determined by the Director (from among such measures as floor space, revenue, traffic volume, etc.).
Premises."Premises" means a site together with the buildings, structures, and other improvements thereon.
Private recreation facility."Private recreation facility" means a recreational facility operated by a private entity, organization, or individual that is accessible only to members, guests, or invitees. These facilities may include amenities such as swimming pools, tennis courts, fitness centers, golf courses, clubhouses, or similar recreational uses. Private recreation facilities are not open to the general public and may be associated with residential communities, clubs, or other membership-based organizations.
Public transit."Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge a set fare, run on fixed routes, and are available to the public.
Public view.A. An object is in public view if it is visible from any of the following outdoor, ground level locations:
1. Any area open to public access on the same premises;
2. Any dwelling or group quarters on the same premises;
3. Any point on adjacent lots;
4. Any public street or walkway, not including an alley or freeway.
B. In determining visibility, an eye-level five feet above ground level shall be assumed.
Recreation vehicle."Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (See California Health and Safety Code Sections
18010.5 and
18215.5.)
Roof, mansard-type."Mansard-type roof" means a roof or portion of a roof with two slopes, or one sloping portion and one flat portion, wherein the lower portion of the roof has the greater slope.
Screening."Screening" means a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Setback."Setback" means the least horizontal distance between a building or structure and a lot line.
Short-term rental (STR)."Short-term rental" means a rental of a legally permitted dwelling for periods of 30 consecutive days or less, counting portions of the calendar as full days. The STR can be the entire home or limited to one or more rooms.
Site."Site" means one or more lots developed or used, or intended to be developed or used, under unified ownership, control, or management.
Small group adult day care home."Small group adult day care home" means a licensed community care facility for the regular care and supervision of 6 or fewer elderly, developmentally disabled adults, or mentally disordered adults in a home-like environment within the licensee's own residence for periods less than 24 hours with incidental non-acute medical care, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Small group care home."Small group care home" means a licensed community care facility for the 24 hour care of 6 or fewer persons in a detached single-family dwelling occupied by the licensee with incidental, non-acute medical care and supervision pursuant to the California Community Care Facilities Act. (See California Health and Safety Code Section
1500 et seq.) Medical care does not include acute psychiatric or nursing care. In no way shall the structure or the appearance of the premises be altered or remodeled inside or outside, other than alterations of accessibility for the physically handicapped, nor conditions or situations be created on the premises that would alter the residential character of the structure or the zone in which the facility is located. This definition does not include a rest home, a sanatorium, or a boardinghouse or lodging house for transient quarters.
Small group child day care home."Small group child day care home" means a licensed community care facility for the regular, non-medical care and supervision of 14 or fewer children in a home-like environment within the licensee's own residence for periods less than 24 hours, as defined and licensed under the Community Care Licensing Division of the State Department of Social Services.
Story."Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, but not including any such portion where more than one-half of vertical dimension of the floor-to-floor space is below the average abutting ground level.
Street."Street" means a right-of-way dedicated or intended to be dedicated for public use for the movement of vehicles and access to abutting property. This definition includes a highway, but does not include an alley, walkway, or freeway.
Structure."Structure" means anything constructed or erected which requires a fixed location on the ground or is attached to something having a fixed location on the ground, but not including outdoor paving, curbs, walks, or other outdoor surfaces and features which are entirely at ground level.
Subject property."Subject property" means the lot or site under consideration or to which a regulation is being applied.
Supportive housing."Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as that term is defined in Section
11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section
12957 of the Government Code, and is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, pursuant to Government Code Section
65582. "Transitional housing" is defined as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, pursuant to Government Code Section
65582.
Supportive services."Supportive services" means services that are provided on a voluntary basis to residents of supportive housing and transitional housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
Swap meet, outdoor, or flea market."Outdoor swap meet" or "flea market" means any meeting or assembly or other public gathering for the purpose of offering to the public new or used merchandise, articles or any other things of value for sale or exchange, which meeting, assembly or gathering does not exceed three consecutive days in duration on any single occasion and is conducted not less than once every two months.
Swap meet, indoor."Indoor swap meet" means any indoor facility without a predominant use that maintains a single business license and occupies a minimum 80 percent of the available floor area, and that contains multiple vendor or tenant spaces, stalls, or booths from which food is sold (excluding "food courts"), or new or used merchandise or craftwares are sold to, exchanged, or bought by the public or other vendors. Any facility bearing the name of or otherwise being promoted as a swap meet or flea market shall constitute a swap meet for purposes of this definition. Any interior multiple tenant facility used for the sale of merchandise that does not constitute a "shopping mall" as defined in Section
19.556.050(M) of this Title shall constitute an indoor swap meet. Indoor swap meets are subject to the provisions of Section
19.552.111 of this Title.
Tanning salon."Tanning salon" means a commercial establishment that provides indoor tanning services to the public, where customers can use ultraviolet (UV) tanning beds, booths, or other similar equipment for skin tanning purposes. This use may also include related ancillary services such as spray tanning, skin care, and the sale of tanning products, but excludes medical facilities or practices providing tanning or light therapy for medical purposes.
Tobacco retailer's license."Tobacco retailer's license" or "licensee" shall mean a license issued by the City pursuant to Chapter
5.60 of the Buena Park Municipal Code, that authorizes the person licensed to operate sell tobacco products or otherwise engaging in tobacco retailing in the City.
Tobacco shop."Tobacco shop" or "tobacco retailer" means any person who sells, offers for sale, or otherwise exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; and "tobacco retailing" shall mean a person doing or engaging in any of the foregoing. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
Trailer."Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle, for the transporting of personal property, but not including trailers designed for human habitation such as a recreational vehicle.
Transitional housing."Transitional housing" means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
Tuck under parking."Tuck under parking" means a type of parking design where parking spaces are located directly beneath all or a portion of a residential or mixed-use building, typically under residential units or commercial space. Tuck under parking shall be partially (minimum of 5 feet) or fully below grade and the garage may not face a public right-of-way.
Use."Use" means the type of activity or occupancy occurring or intended to occur at a given location.
Use, accessory."Accessory use" means an activity or use of property which is subordinate, directly related, and supportive to a primary use located on the same premises. An accessory use is necessarily or customarily associated with a primary use in an interdependent relationship.
Use, incidental."Incidental use" means an activity or use of property which is secondary to a primary use located on the same premises. An incidental use is directly or indirectly related to a primary use, but is not essential to the conduct of the primary use, nor interdependent with the primary use to the same degree as an accessory use.
Use, primary."Primary use" means a use which is not incidental or accessory to some other use on the same premises.
Walkway."Walkway" means a public or private way exclusively for the use of pedestrians.
Wild animal."Wild animal" means any animal, reptile, fowl, or fish which is not tame or gentle as found in nature, but is of a wild nature or disposition or which is known to be vicious or which must be kept in confinement to be brought within the immediate power of the owner(s).
Working day."Working day" means a day when the administrative offices of the City of Buena Park are open to the public for at least four hours.
Yard."Yard" means an open area between a building and a lot line of the lot upon which the building is located.
Yard, front."Front yard" means a yard extending across the full width of a lot between the front lot line and any main building, including the projection of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard, rear."Rear yard" means a yard extending across the full width of a lot between the rear lot line and any main building, including the projections of the main building to the side lot lines. (See Diagram 3 at the end of this chapter.)
Yard sale."Yard sale" means a temporary sale of household items on residential premises.
Yard, side."Side yard" means a yard extending from the front yard to the rear yard between the side yard line and any main or accessory building. In the case of a side yard abutting a street, the side yard is considered as extending from the front yard to the rear lot line. (See Diagram 3 at the end of this chapter.)
Yard, side, zero."Zero side yard" means the placement of a main building at or along a side lot line so that there is no side yard between the building and that lot line.
Diagram 1 Illustration of Building Height Measurement |
Diagram 2 Illustration of Relationship Among Driveways, Parking Aisles, and Parking Spaces |
Diagram 3 Illustration of Lot Line and Yard Designations |