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Carlsbad City Zoning Code

CHAPTER 21

04 DEFINITIONS

§ 21.04.005 Provisions not affected by headings.

Chapter and section headings contained in this title shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section of this title.
(Ord. 9060 § 200)

§ 21.04.010 Tenses.

The present tense includes the future, and the future the present.
(Ord. 9060 § 201)

§ 21.04.015 Number.

The singular number includes the plural, and the plural the singular.
(Ord. 9060 § 202)

§ 21.04.020 Accessory.

"Accessory"
means a building, part of a building or structure, or use that is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall, with a width dimension of at least three feet and a height dimension of at least one story, such building area is considered a part of the main building and not an accessory building or structure, except for "accessory dwelling units" or "junior accessory dwelling units" as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2023) and 65852.22 (effective Jan. 1, 2023), respectively, are considered accessory.
(Ord. 9060 § 203; Ord. NS-355 § 1, 1996; CS-384 § 7, 2020; Ord. CS-427 § 2, 2022; Ord. CS-449, 6/6/2023)

§ 21.04.021 Affordable housing.

"Affordable housing" means housing for which the allowable housing expenses for a for-sale or rental dwelling unit paid by a household would not exceed thirty percent of the gross monthly income for target income levels, adjusted for household size.
(Ord. 207 § 1, 1992)

§ 21.04.023 Agriculture.

"Agriculture" means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
(Ord. CS-189 § II, 2012)

§ 21.04.025 Alley.

"Alley" means a public thoroughfare or way having a width of not more than twenty feet which affords only a secondary means of access to abutting property.
(Ord. 9060 § 204)

§ 21.04.027 Alter.

"Alter" means any change to the interior or exterior of a structure that does not result in an increase to the gross floor area of the structure.
(Ord. CS-050 § II, 2009)

§ 21.04.030 Apartment.

"Apartment" means a room, or a suite of two or more rooms in a multiple-family dwelling, occupied or suitable for occupancy as a residence for one family.
(Ord. 9060 § 205; Ord. NS-718 § 2, 2004)

§ 21.04.035 Apartment house.

"Apartment house" means a building or a portion of a building, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
(Ord. 9060 § 206)

§ 21.04.036 Aquaculture.

"Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. This definition specifically excludes hydroponics.
(Ord. 9809 § 1, 1986)

§ 21.04.040 Automobile wrecking.

"Automobile wrecking" means the commercial or noncommercial dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.
(Ord. 9060 § 207)

§ 21.04.041 Bar or cocktail lounge.

"Bar or cocktail lounge" means any establishment serving an alcoholic beverage, not meeting the requirements of a bona fide public eating establishment as defined in Section 21.04.056.
(Ord. 9527 § 2, 1979)

§ 21.04.045 Basement.

"Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, but so located that the vertical distance from exterior grade to the adjacent interior floor below is greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement.
(Ord. 9060 § 208; Ord. NS-180 § 1, 1991; Ord. NS-204 § 1, 1992; Ord. NS-532 § 1, 2000; Ord. CS-045 § II, 2009)

§ 21.04.046 Bed and breakfast uses.

"Bed and breakfast uses" means an historical or architecturally significant building which is located in a scenic or other environment with a distinct character which has no less than three and no more than eight attractively decorated lodging rooms, and one common room is available for social interaction where short-term lodging and primarily breakfast meals are provided for compensation. "Bed and breakfast uses" does not include rest homes, convalescent homes, hotels, motels, boarding houses or lodging houses.
(Ord. 9800 § 1, 1986; Ord. NS-81 § 1, 1989)

§ 21.04.048 Biological habitat preserve.

"Biological habitat preserve" means any area which is designated and accepted by a federal, state or local agency as a permanent or temporary sanctuary, reserve or protected area for biological species of any kind.
(Ord. NS-322 § 1, 1995)

§ 21.04.050 Block.

"Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
(Ord. 9060 § 209)

§ 21.04.055 Boardinghouse.

"Boardinghouse" means a building with more than four guest rooms where lodging and meals are provided for compensation but does not include rest homes, bed and breakfast uses, employee housing, convalescent homes or group homes.
(Ord. 9060 § 210; Ord. CS-448, 6/6/2023)

§ 21.04.056 Bona fide public eating establishment.

"Bona fide public eating establishment" means any establishment at which the primary business is the preparation, service and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises.
To be classified as a bona fide public eating establishment, an establishment which engages in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the following requirements:
(1) 
Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation;
(2) 
On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours;
(3) 
Restaurant service shall include, but not be limited to, an offering of a varied menu of foods or not less than five main courses with appropriate nonalcoholic beverages, desserts, salads and other attendant dishes;
(4) 
The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation;
(5) 
No more than twenty-five percent of the interior area of the restaurant shall be designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premises sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public;
(6) 
A minimum of twenty percent of the gross floor area of the establishment shall be used solely for food storage, preparation, maintenance and storage of eating utensils, dishes and glassware and shall include refrigeration, cooking, warming and dishwashing equipment, and any other equipment necessary for a fully equipped restaurant kitchen;
(7) 
During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of floor area devoted to food service use. Said employee or employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (2) of this section.
The City Council may waive the above requirements relating to hours, menus, alcoholic beverage area, kitchen area, employees and equipment if they find a proposed restaurant will provide equivalencies, meets the other requirements of this section and will, in fact, be operated as a bona fide restaurant.
Uses not specifically named in this section but which are of substantially the same general type and character and are within the intent and purpose of this section may be permitted; provided, however, that the burden of proving the same shall rest with the person seeking to establish that use.
(Ord. 9527 § 2, 1979)

§ 21.04.057 Bowling alley.

"Bowling alley" means any structure in which a ball or balls are rolled on a green or down an alley or lane at any object or group of objects.
(Ord. 9527 § 2, 1979)

§ 21.04.060 Building.

"Building" means any structure having a roof, including all forms of inhabitable vehicles even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides."
(Ord. 9060 § 211)

§ 21.04.061 Building coverage.

"Building coverage" means the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, garages and covered carports. Building coverage also includes the perimeter area of a basement. Excluded from building coverage are roof eaves extending less than thirty inches from the face of any building, awnings, open parking areas, structures under thirty inches in height and masonry walls not greater than six feet in height such as wing-walls, planter walls or grade-separation retaining walls.
(Ord. NS-180 § 2, 1991)

§ 21.04.065 Building height.

"Building height" is limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage," that is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below.
1. 
"Building height" includes:
a. 
All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure.
b. 
Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed.
2. 
If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, compatibility with the existing grade of adjacent and surrounding properties, and the need to comply with required access, utility and drainage standards.
3. 
When nondiscretionary permits allow retaining walls, fill or other grading, which create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, then building height shall be measured from existing grade.
(Ord. 9060 § 212; Ord. 9141 § 1; Ord. 9498 § 1, 1978; Ord. 9667, 1983; Ord. NS-180 § 3, 1991; Ord. NS-204 § 2, 1992; Ord. NS-675 § 1, 2003; Ord. CS-045 § III, 2009)

§ 21.04.070 Building, main.

"Main building" means the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this title is construed as comprising a main building.
(Ord. 9060 § 213)

§ 21.04.075 Building site.

"Building site" means:
(1) 
The ground area of one lot; or
(2) 
The ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces as required by this title.
(Ord. 9060 § 214)

§ 21.04.080 Business or commerce.

"Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office building, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services.
(Ord. 9060 § 215)

§ 21.04.085 Cellar.

"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance between the ceiling and the average adjoining ground level is equal to or greater than the vertical distance from grade to ceiling.
(Ord. 9060 § 216)

§ 21.04.086 Child day care center.

"Child day care center" means a facility, other than a family day care home which provides nonmedical care, protection and supervision for children under eighteen years of age for periods of less than twenty-four hours per day. "Child day care center" includes preschools, nursery schools, employer-sponsored day care facilities and before-and after-school recreational programs, but does not include public or private elementary schools.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997)

§ 21.04.090 Club.

"Club" means an association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
(Ord. 9060 § 217)

§ 21.04.091 Coin-operated arcade.

"Coin-operated arcade" means any place wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled machines, shooting galleries, or any other amusement devices, are maintained for use by five or fewer persons per machine at any one time.
(Ord. 9527 § 2, 1979)

§ 21.04.093 Commercial living unit.

"Commercial living unit" means a unit that may be within but is not limited to a professional care facility, hotel, motel, time-share or bed and breakfast that provides the basic amenities for everyday living and may include but is not limited to a sleeping area or bedroom(s), closet space, restroom, sitting/entertainment area and kitchen facilities. Commercial living units are distinguished from dwelling units due to the assistance/services provided in conjunction with the living unit and/or the use of the living unit for temporary lodging.
(Ord. NS-284 § 1, 1994)

§ 21.04.095 Commission.

"Commission" means the Planning Commission of the city.
(Ord. 9060 § 218)

§ 21.04.098 Common wall.

"Common wall" is used for the purpose of distinguishing between an otherwise accessory building or structure and a main dwelling unit building or structure within residential zones. A "common wall" divides, yet is shared by, two adjacent enclosed building areas. A common wall may or may not provide a door or accessway to accommodate passage between the two building areas separated by a common wall. Accessory structures do not involve an attachment to the main building by a common wall.
(Ord. NS-355 § 2, 1996)

§ 21.04.099 Community and Economic Development Director.

"Community and Economic Development Director" means the Director of Community and Economic Development of the city or his or her designee.
(Ord. NS-675 § 2, 2003; Ord. CS-164 § 14, 2011)

§ 21.04.100 Court.

"Court" means any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.
(Ord. 9060 § 219)

§ 21.04.105 Dairy.

"Dairy" means any premises where three or more cows, three or more goats, or any combination thereof are kept, milked or maintained.
(Ord. 9060 § 220)

§ 21.04.106 Delicatessen.

"Delicatessen" means a type of restaurant, totaling less than one thousand six hundred square feet in total floor area, selling ready-to-eat food and canned or bottled beverages to the public. Food is pre-cooked or prepared at another location and only heated or toasted on the site. No stoves or ovens for the cooking or preparation of food nor tableware or dishwashing facilities (other than a standard sink) are permitted. No waiters or waitresses are employed on the premises.
(Ord. NS-791 § 3, 2006)

§ 21.04.107 Development (in the coastal zone).

"Development (within the coastal zone)" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
(Ord. NS-365 § 1, 1996)

§ 21.04.109 Drive-thru restaurant.

"Drive-thru restaurant" means a restaurant that has a drive-thru lane to serve customers in motor vehicles.
(Ord. NS-439 § 1, 1998)

§ 21.04.110 Dump.

"Dump" means an area devoted to the disposal of refuse including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.
(Ord. 9060 § 221)

§ 21.04.115 Dwelling.

"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple-family dwellings, but does not include commercial living units.
(Ord. 9060 § 222; Ord. NS-284 § 2, 1994; Ord. NS-718 § 3, 2004)

§ 21.04.120 Dwelling unit.

"Dwelling unit" means a single unit providing a complete, independent living facility for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen. For the purposes of this section, provisions for sanitation include a toilet, sink and shower or bathtub.
(Ord. 9060 § 223; Ord. CS-243 § 1, 2014)

§ 21.04.121 Dwelling unit, accessory (ADU).

Refer to California Government Code Section 65852.2 (effective Jan. 1, 2023).
(Ord. CS 324 § 3, 2017; Ord. CS-384 § 8, 2020; Ord. CS-427 § 3, 2022; Ord. CS-449, 6/6/2023)

§ 21.04.122 Dwelling unit, junior accessory (JADU).

Refer to California Government Code Section 65852.22 (effective Jan. 1, 2023).
(Ord. CS-384 § 9, 2020; Ord. CS-427 § 4, 2022; Ord. CS-449, 6/6/2023)

§ 21.04.125 Dwelling, one-family.

"One-family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
(Ord. 9060 § 224)

§ 21.04.130 Dwelling, two-family.

"Two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other and containing two dwelling units.
(Ord. 9060 § 225)

§ 21.04.135 Dwelling, multiple-family.

"Multiple-family dwelling" means a building, or portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
(Ord. 9060 § 226; Ord. NS-718 §§ 1, 4, 2004)

§ 21.04.137 Educational facilities, other.

"Educational facilities, other" means educational training and tutoring services not subject to the California Education Code nor standards set by the State Board of Education, including, but not limited to, trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language.
(Ord. NS-791 § 4, 2006)

§ 21.04.140 Educational institution or school.

"Educational institution or school" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of higher education, including a community or junior college, college or university.
(Ord. 9060 § 227; Ord. NS-409 § 1, 1997)

§ 21.04.140.1 Expansion.

"Expansion" means to enlarge or increase the size of an existing structure or use including the physical size of the property, building, parking and other improvements.
(Ord. CS-050 § II, 2009)

§ 21.04.140.5 Emergency shelter.

"Emergency shelter" means year-round housing with minimal supportive services for homeless persons or families with occupancy limited to six months or less by homeless persons. An emergency shelter can also be inclusive of the interim interventions of navigation center, bridge housing, and respite or recuperative care (defined in Government Code Section 65583 (a)(4)(C), as of January 1, 2023) and as a low barrier navigation center defined in Section 21.04.264.
(Ord. CS-190 §§ I, II, 2012; Ord. CS-448, 6/6/2023)

§ 21.04.140.6 Employee housing, small.

Pursuant to California Health and Safety Code Section 17008, employee housing, small means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for six or fewer persons.
(Ord. CS-432, 9/27/2022)

§ 21.04.141 Escort service.

"Escort service" means any place where patrons can purchase the social company or companionship of another person to be given either on or off the premises, excluding any use regulated by Chapter 21.43 of this code.
(Ord. 9527 § 2, 1979)

§ 21.04.142 Factory-built housing.

"Factory-built housing" means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly or system manufactured 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, including units designed for use as part of an institution for resident or patient care, 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 by the Commission pursuant to State Health and Safety Code Section 19990. "Factory-built housing" does not include a mobile home, mobile accessory building or structure, a recreational vehicle, or a commercial coach. "Factory-built housing" means the same as modular housing.
(Ord. 9564 § 1, 1980)

§ 21.04.145 Family.

"Family" means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators of a residential care facility or employee housing serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facilities.
(Ord. 9060 § 228; Ord. 9455 § 1, 1976; Ord. 9513 § 7, 1978; Ord. 9592 § 1, 1981; Ord. CS-102 § II, 2010; Ord. CS-432, 9/27/2022)

§ 21.04.146 Family day care home.

"Family day care home" means a detached single-family dwelling which regularly provides nonmedical care, protection, and supervision of fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away. The actual number of children permitted in a family day care home is based on age composition as determined by the State of California, Department of Social Services. Family day care homes include large or small family day care homes.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997)

§ 21.04.147 Family day care home, large.

"Large family day care home" means a dwelling which provides family day care for seven to 14 children, inclusive, including children under the age of 10 years who reside at the home as defined by Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997; Ord. CS-432, 9/27/2022)

§ 21.04.148 Family day care home, small.

"Small family day care home" means a dwelling which provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency.
(Ord. NS-409 § 1, 1997; Ord. CS-432, 9/27/2022)

§ 21.04.148.1 Farmworker.

"Farmworker" means any individual engaged in agriculture (as defined in Section 21.04.023).
(Ord. CS-189 § III, 2012)

§ 21.04.148.3 Farmworker housing complex, large.

"Farmworker housing complex, large" includes conventional and nonconventional structures, housing more than thirty-six farmworkers or more than twelve units/spaces, such as: group living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and which is occupied by farmworkers or farm-workers and their households, and may be for temporary, seasonal, or permanent residence.
(Ord. CS-189 § IV, 2012)

§ 21.04.148.4 Farmworker housing complex, small.

"Farmworker housing complex, small" includes conventional and nonconventional structures, housing up to thirty-six farmworkers or twelve units/spaces, such as: group living quarters (including barracks and bunk-houses); a dwelling, boardinghouse, or tent; a mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and which is occupied by farmworkers or farmworkers and their households, and may be for temporary, seasonal, or permanent residence.
(Ord. CS-189 § V, 2012)

§ 21.04.149 Employer-sponsored child day care center.

"Employer-sponsored child day care center" means any child day care center at the employer's site of business and operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of that employer, and of the officers, managers, and employees of the employer.
(Ord. NS-409 § 1, 1997)

§ 21.04.150 Garage, private.

"Private garage" means an accessory building or an accessory portion of the main building, enclosed on all sides and designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.
(Ord. 9060 § 229)

§ 21.04.155 Garage, public.

"Public garage" means a building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.
(Ord. 9060 § 230)

§ 21.04.156 Gas station.

"Gas station" means a retail business used primarily for the sale of vehicular fuels; minor servicing and repair of automobiles; and the sale and installation of lubricants, tires, batteries and similar vehicle accessories. A gas station may include a mini-mart convenience store as an accessory use.
(Ord. NS-791 § 5, 2006)

§ 21.04.160 Grade, existing.

"Existing grade," for the purposes of measuring building height, means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
(Ord. 9060 § 231; Ord. NS-180 § 4, 1991; Ord. CS-045 § IV, 2009)

§ 21.04.161 Grade, finished.

"Finished grade," for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
(Ord. CS-045 § V, 2009)

§ 21.04.163 Group homes.

"Group homes" means housing being used as a supportive living environment shared and used by persons who are considered handicapped under state or federal law. Group homes may serve children, the elderly or chronically ill, mentally disabled individuals, or adults recovering from or being treated for alcohol or drug addiction. A group home operated by a single operator or service provider (whether licensed or unlicensed) can include residential care facilities, supportive housing, transitional housing and other similar communal housing facilities but does not include boardinghouses. A group home that does not require state licensing or does require state licensing but serves six or fewer persons, is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS-448, 6/6/2023)

§ 21.04.165 Guest house or accessory living quarters.

"Guest house" or "accessory living quarters" means living quarters within an accessory building for the sole use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit.
(Ord. 9060 § 232)

§ 21.04.166 Hazardous waste.

"Hazardous waste" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)

§ 21.04.167 Hazardous waste facility.

"Hazardous waste facility" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)

§ 21.04.170 Hospital.

"Hospital" means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice excluding however, facilities for treatment of mental and nervous disorders, but not excluding surgical and post-surgical treatment of mental cases.
(Ord. 9060 § 233)

§ 21.04.175 Hospital, mental.

"Mental hospital" means an institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders but not licensed to provide facilities and services in surgery, obstetrics and general medical practice. Establishments limiting services to juveniles below the age of five years, and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition.
(Ord. 9060 § 234)

§ 21.04.185 Hotel.

"Hotel" means a building in which there are five or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.
(Ord. 9060 § 236)

§ 21.04.186 Household-Low-income.

"Low-income household" means those households whose gross income is at least fifty percent but less than eighty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development.
(Ord. 207 § 2, 1992)

§ 21.04.187 Household-Moderate-income.

"Moderate-income household" means those households whose gross income is at least eighty percent but less than one hundred twenty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development.
(Ord. 207 § 3, 1992)

§ 21.04.188 Household-Very low-income.

"Very low-income household" means a household earning a gross income equal to fifty percent or less of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development.
(Ord. 207 § 4, 1992)

§ 21.04.189 Income level-Target.

"Target income level" means the income standards for very low, low and moderate income levels within San Diego County as determined annually by the U.S. Department of Housing and Urban Development and adjusted for family size.
(Ord. 207 § 5, 1992)

§ 21.04.190 Institution.

"Institution" means an establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, education or similar service to the public, groups or individuals.
(Ord. 9060 § 237)

§ 21.04.195 Kennel.

"Kennel" means a place where four or more adult dogs or cats, in any combination, are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four months.
(Ord. 9060 § 238; Ord. 9502 § 2, 1978)

§ 21.04.200 Kitchen.

"Kitchen" means any room or portion of a room used or intended or designed to be used for the preparation and storage of food and containing one or both of the following:
1. 
Cooking appliances or rough-in facilities for cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. Rough-in facilities may include, but not necessarily be limited to: built-in counter tops and cabinetry, gas lines or electrical wiring.
2. 
A refrigerator or rough-in space for a refrigerator.
(Ord. 9060 § 239; Ord. CS-243 § 2, 2014)

§ 21.04.202 Level.

An occupied or useable horizontal and vertical space of a structure.
(Ord. NS-180 § 5, 1991)

§ 21.04.203 Liquor store.

"Liquor store" means any store designed and operated for the selling of alcoholic beverages with the selling of any other merchandise being incidental to the primary operation of selling liquor.
(Ord. 9527 § 2, 1979; Ord. 9807 § 1, 1986)

§ 21.04.205 Lodginghouse.

"Lodginghouse" means the same as boardinghouse, but no meals shall be provided.
(Ord. 9060 § 240)

§ 21.04.210 Lot.

"Lot" means a parcel of record legally created by subdivision map, adjustment plat, certificate of compliance or a parcel legally in existence prior to incorporation of the lot into the jurisdiction of the city. Any parcel created prior to May 1, 1956, shall be presumed to be lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created. A lot shall have frontage that allows usable access on a dedicated public street accepted by the city. This street or easement shall have a minimum right-of-way width of forty-two feet. Special lot and street configurations for affordable housing projects may be allowed subject to the provisions of Section 21.53.120.
(Ord. 9060 § 241; Ord. 9459 § 1, 1976; Ord. 9605 § 1, 1981; Ord. 207 § 7, 1992; Ord. NS-602 § 1, 2001)

§ 21.04.215 Lot area.

"Lot area" means the total horizontal area within the boundary lines of a lot.
(Ord. 9060 § 242)

§ 21.04.220 Lot, corner.

"Corner lot" means a lot situated at the intersection of two or more streets, which streets have an angle of intersection of not more than one hundred thirty-five degrees.
(Ord. 9060 § 243)

§ 21.04.222 Lot coverage.

See "building coverage."
(Ord. NS-180 § 6, 1991)

§ 21.04.225 Lot depth.

"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line, connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.
(Ord. 9060 § 244)

§ 21.04.230 Lot, interior.

"Interior lot" means a lot other than a corner lot or reversed corner lot.
(Ord. 9060 § 245)

§ 21.04.235 Lot, key.

"Key lot" means the first lot to the rear of the reversed corner lot and whether or not separated by an alley.
(Ord. 9060 § 246)

§ 21.04.240 Lot line, front.

"Front lot line" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot the front lot line shall be the line separating the narrowest street frontage of the lot from the street.
(Ord. 9060 § 247)

§ 21.04.245 Lot line, rear.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
(1) 
For a triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;
(2) 
In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line; or
(3) 
In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
In no case shall the application of the provisions of this section be interpreted as permitting a main building to locate closer than five feet in any property line.
(Ord. 9060 § 248)

§ 21.04.250 Lot line, side.

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.
(Ord. 9060 § 249)

§ 21.04.255 Lot, reversed corner.

"Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of the corner lot abuts.
(Ord. 9060 § 250)

§ 21.04.256 Lot-Planned unit development (PUD).

"PUD lot" means a designated portion of or division of land, air space or combination thereof within the boundaries of a planned unit development which does not meet the definition of a lot. A PUD lot may be approved by the City Council as part of a planned unit development permit. A PUD lot, if so approved, need not have frontage on a public street or otherwise comply with the requirements of the underlying zone or Title 20.
(Ord. 9459 § 1, 1976)

§ 21.04.260 Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 9060 § 251)

§ 21.04.263 Lot width.

"Lot width" means the horizontal distance of the line constituting the required front yard setback, as required in certain zone classifications. For those zone classifications without required front yards, the lot width is the horizontal distance between the side lot lines measured at right angles to a line comprising the depth of the lot at a point midway between the front and rear lot lines. All lots located on the inside of a curve of a public street whose rear property line is at least twenty feet less in length than the front property line shall have their lot width calculated, for the purpose of computing required side yard setbacks, using the average width of the lot.
(Ord. 9060 § 252; Ord. 9467 § 1, 1976; Ord. 9506 § 1, 1978; Ord. NS-746 § 1, 2005)

§ 21.04.264 Low barrier navigation center.

"Low barrier navigation center" means any housing first shelter focused on moving people into permanent housing that provides temporary living facilities as outlined in Government Code Section 65660 as of January 1, 2023.
(Ord. CS-448, 6/6/2023)

§ 21.04.270 Low barrier navigation center.

"Low barrier navigation center" means any housing first shelter focused on moving people into permanent housing that provides temporary living facilities as outlined in Government Code Section 65660 as of January 1, 2023.
(Ord. CS-448, 6/6/2023)

§ 21.04.280 Mobile building.

"Mobile building" means a structure constructed on a permanent chassis, transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, commercial, educational, or temporary housing (e.g., farmworker or transitional housing) purposes to be used primarily with a temporary foundation system. A "mobile building" requires vehicle registration from the state Department of Transportation pursuant to the state Vehicle Code and requires registration and title from the state Department of Housing and Community Development pursuant to the state Health and Safety Code. "Mobile building" does not include a recreational trailer, mobile homes, manufactured home, or prefabricated home but may include a commercial coach or trailer coach.
(Ord. NS-746 § 2, 2005)

§ 21.04.290 Mobile home.

"Mobile home" means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit to be used with or without a foundation system. "Mobile home" does not include a recreational vehicle, trailer coach, commercial coach, auto trailer or factory-built housing.
(Ord. 9564 § 1, 1980)

§ 21.04.300 Mobile home accessory structure.

"Mobile home accessory structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.
(Ord. 9564 § 1, 1980)

§ 21.04.310 Mobile home lot.

"Mobile home lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home.
(Ord. 9564 § 1, 1980)

§ 21.04.320 Mobile home park.

"Mobile home park" means an area or tract of land where two or more mobile home lots are rented, leased or sold, or held out for rental, lease or sale, or owned in common as part of a condominium, to accommodate mobile homes for human habitation. "Mobile home park" does not include mobile home sales or display lots, or areas containing mobile homes used exclusively to provide temporary housing for farm employees for which a temporary occupancy permit has been issued by the Department of Public Health.
(Ord. 9564 § 1, 1980)

§ 21.04.330 Modular building.

"Modular building" means a structure not constructed on a permanent chassis, transportable in one or more sections on a separate trailer, designed for human occupancy for industrial, professional, or commercial purposes to be placed upon a permanent foundation. A "modular building" is constructed in prefabricated sections and its construction and assembly is subject to the California Building, Electrical, Mechanical, and Plumbing Codes. "Modular building" does not include mobile offices, mobile homes, manufactured home, prefabricated home, commercial coach, or trailer coach. For the purposes of permitted uses in each zone, "modular building" is considered the same as any standard building.
(Ord. NS-746 § 3, 2005)

§ 21.04.340 Motel.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and such word shall include motor lodges. An establishment shall be considered a motel when it is required by the Health and Safety Code of the State of California to obtain the name and address of the guests, the make, year and license number of the vehicle and the state in which it was issued.
(Ord. 9060 § 253; Ord. 9135 § 1; Ord. NS-746 § 4, 2005)

§ 21.04.350 Nonconforming structure.

"Nonconforming structure" means a structure, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this title to it, no longer conforms to the current requirements and development standards of the zone in which it is located.
(Ord. CS-050 § II, 2009)

§ 21.04.360 Nonconforming lot.

"Nonconforming lot" means a lot which was legally created, but which, because of the application of this title to it, no longer conforms to the current requirements and development standards of the zone in which it is located.
(Ord. CS-050 § II, 2009)

§ 21.04.370 Nonconforming nonresidential use.

"Nonconforming nonresidential use" means a nonresidential use which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the current use regulations of the zone in which it is located.
(Ord. 9060 § 255; Ord. CS-050 § II, 2009)

§ 21.04.380 Nonconforming residential use.

"Nonconforming residential use" means a residential use which was lawfully established and maintained, but which exceeds the maximum density range of the underlying general plan land use designation.
(Ord. CS-050 § II, 2009; Ord. CS-432, 9/27/2022)

§ 21.04.390 Outdoor advertising display.

"Outdoor advertising display" means any card, paper, cloth, metal, glass, wooden, plastic or other display or device of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure or thing whatsoever.
(Ord. 9060 § 256)

§ 21.04.400 Outdoor advertising structure.

"Outdoor advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display may be placed.
(Ord. 9060 § 257)

§ 21.04.400.1 Outdoor dining (incidental).

"Outdoor dining (incidental)" means an outdoor dining area that is part of any business that serves food and/or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens, and which does not exceed the limitations established in Chapter 21.26.
(Ord. CS-102 § IV, 2010; Ord. CS-178 § I, 2012)

§ 21.04.410 Pawnshop.

"Pawnshop" means any place engaged in the business of loaning money to any person, upon any personal property, personal security, or purchasing personal property and reselling such articles to the vendor or other assignee at prices previously agreed upon.
(Ord. 9527 § 2, 1979)

§ 21.04.410.1 Personal services.

"Personal Services" means uses that include, but are not limited to, dry cleaners, beauty and barber shops, day spas, cosmetic services, nail salons, shoe/garment repair, massage therapy, etc.
(Ord. CS-432, 9/27/2022)

§ 21.04.420 Planner, city.

"City planner" means the City Planner of the city or his or her designee. In addition, the term "Director" as used throughout this title shall also mean the City Planner unless the context clearly requires otherwise.
(Ord. NS-675 § 6, 2003; Ord. CS-164 § 10, 2011)

§ 21.04.430 Poolhall or billiard parlor.

"Poolhall" or "billiard parlor" means any place of business where billiards or pool is played, and a fee is charged to those playing for the use of the equipment. The billiard room shall not be connected with any other business, nor shall any other business be permitted to be carried on, except that the billiard room may have therein ordinary merchandise vending machines and no more than four coin-operated games of skill, including pinball machines. A bar or cocktail lounge, having two or less pool or billiard tables, shall not be considered to be a poolhall or billiard parlor.
(Ord. 9527 § 2, 1979)

§ 21.04.440 Professional care facility.

"Professional care facility" means a facility in which food, shelter, and some form of professional service is provided such as nursing, medical, dietary, exercising or other medically recommended programs. Not included in this definition are hospitals and mental hospitals.
(Ord. 9060 § 258; Ord. 9455 § 1, 1976)

§ 21.04.450 Public and quasi-public office buildings and accessory utility buildings and facilities.

"Public and quasi-public office buildings and accessory utility buildings and facilities" means and includes, but are not limited to, government office buildings and accessory utility buildings and facilities such as: water wells, water storage, pump stations, booster stations, transmission or distribution electrical substations, operating centers, gas metering and regulating stations, or neighboring telephone exchanges, with the necessary apparatus or appurtenances incident thereto. Such uses do not include water, sewer or drainage pipelines or utility buildings/facilities that are built, operated or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission.
(Ord. NS-791 § 6, 2006)

§ 21.04.460 Recreational vehicle (RV).

"Recreational vehicle" means any vehicle (self-propelled or drawn by another vehicle), including campers, motor homes, travel trailers, boats and other vehicles, whose major intended use is for recreational purposes.
(Ord. 9537 § 2, 1979)

§ 21.04.470 Recreational vehicle (RV) storage.

"Recreational vehicle storage" means any area or tract of land used substantially for the purpose of storing two or more recreational vehicles.
(Ord. 9537 § 2, 1979)

§ 21.04.470.1 Repair.

"Repair" means any improvements to correct deficiencies in a building or structure.
(Ord. CS-050 § II, 2009)

§ 21.04.470.2 Replace.

"Replace" means to construct a structure that is substantially equivalent in size, shape and location to a structure that has been destroyed or demolished.
(Ord. CS-050 § II, 2009)

§ 21.04.480 Residential care facility.

"Residential care facility" means any family home, group care facility, or similar facility, licensed by the State of California, for twenty-four 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 as provided in Section 1502 of the California Health and Safety Code.
(Ord. 9060 § 259; Ord. 9455 § 1, 1976; Ord. CS-191 § II, 2012)

§ 21.04.490 Secondhand or thrift shop.

"Secondhand shop" or "thrift shop" means a place of business that engages in buying and selling, trading or accepting for sale on consignment previously sold property, excluding bona fide antique shops. "Secondhand property" means personal property of which prior use has been made. A bona fide antique shop is one in which substantially all the merchandise is antique. "Antique" means any collectible, object of art, bric-a-brac, curio, household furniture or furnishing offered for sale upon the basis, expressed or implied, that the value of the property, in whole or in substantial part, is derived from its age or from historical associations.
(Ord. 9527 § 2, 1979)

§ 21.04.500 Satellite television antenna.

"Satellite television antenna" or "satellite antenna" means any instrument or device capable of transmitting or receiving television, microwave, or other electronic communications from a transmitter, or a transmitter relay, located in planetary orbit. This may include, but is not limited to, "satellite earth stations," "satellite receiving dish," and "dish antenna."
(Ord. 9785 § 1, 1986)

§ 21.04.510 Sign.

"Sign" means any outdoor advertising display or outdoor advertising structure or any indoor advertising display or indoor advertising structure designed and placed so as to be readable principally from the outside.
(Ord. 9060 § 260)

§ 21.04.510.5 Small wireless facilities.

Small wireless facilities (SWF), consistent with FCC regulations in 47 CFR Section 1.6002(l), are wireless communication facilities that meet each of the following conditions:
A. 
The facilities:
1. 
Are mounted on structures 50 feet or less in height including their antennas as defined in CFR Section 1.1320(d), or
2. 
Are mounted on structures no more than 10 percent taller than other adjacent structures, or
3. 
o not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
B. 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in CFR Section 1.1320(d)), is no more than three cubic feet in volume;
C. 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
D. 
The facilities do not require antenna structure registration under 47 CFR Part 17;
E. 
The facilities are not located on Tribal lands, as defined under 36 CFR Section 800.16(x); and
F. 
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in CFR Section 1.1307(b).
(Ord. CS-432, 9/27/2022)

§ 21.04.520 Space or structure, habitable.

"Habitable space or structure" means any space in a structure for living, sleeping, eating or cooking.
(Ord. NS-243 § 1, 1993)

§ 21.04.530 Specified hazardous waste facility.

"Specified hazardous waste facility" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)

§ 21.04.540 Stable, private.

"Private stable" means a detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale.
(Ord. 9060 § 261)

§ 21.04.550 Stable, public.

"Public stable" means a stable other than a private stable.
(Ord. 9060 § 262)

§ 21.04.560 Stand.

"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
(Ord. 9060 § 263)

§ 21.04.570 State freeway.

"State freeway" means any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to the Streets and Highways Code.
(Ord. 9060 § 264)

§ 21.04.580 Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. Underground parking, a basement or a cellar shall not be considered a story. Lofts or mezzanines shall not be considered a story provided that they do not exceed fifty percent of the floor area of the story they are located within.
(Ord. 9060 § 265; Ord. NS-180 § 7, 1991)

§ 21.04.590 Street.

"Street" means a publicly dedicated and accepted thoroughfare which affords primary means of access to abutting property and having a minimum right-of-way width of not less than forty-two feet.
(Ord. 9060 § 266; Ord. NS-602 § 2, 2001)

§ 21.04.600 Street line.

"Street line" means the boundary line between a street and the abutting property.
(Ord. 9060 § 267)

§ 21.04.610 Street, side.

"Side street" means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.
(Ord. 9060 § 268)

§ 21.04.620 Structural alterations.

"Structural alterations" mean any changes in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
(Ord. 9060 § 270)

§ 21.04.630 Structure.

"Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences six feet or less in height. All buildings are structures.
(Ord. CS-050 § II, 2009)

§ 21.04.640 Substandard lot.

See "Nonconforming lot."
(Ord. 9060 § 269; Ord. CS-050 § II, 2009)

§ 21.04.640.1 Supportive housing.

"Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in Government Code Section 65582) and that is linked to onsite or offsite services that assist 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. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS-191 § III, 2012; Ord. CS-249 § I, 2014)

§ 21.04.650 Tattoo parlor.

"Tattoo parlor" means any place of business that engages in tattooing persons by any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments.
(Ord. 9527 § 2, 1979)

§ 21.04.660 Time-share project.

"Time-share project" means a project in which a purchaser receives a right in perpetuity, for life, or for a term of years to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property annually or on some other periodic basis, for a period of time that has been, or will be, allotted from the use or occupancy periods onto which the project has been divided.
(Ord. 9663 § 1, 1983)

§ 21.04.670 To place.

The verb "to place" and any of its variants as applied to advertising displays and outdoor advertising structures, includes maintaining, erecting, constructing, posting, painting, printing, nailing, glueing or otherwise fastening, affixing or making visible in any manner whatsoever.
(Ord. 9060 § 271)

§ 21.04.680 Transitional housing.

"Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS-191 § IV, 2012; Ord. CS-249 § II, 2014)

§ 21.04.690 Underground parking.

"Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045.
(Ord. NS-180 § 8, 1991; Ord. NS-204 § 3, 1992; Ord. CS-045 § VI, 2009)

§ 21.04.700 Use.

"Use" means the purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained.
(Ord. 9060 § 274)

§ 21.04.710 Useable living area.

"Useable living area" means the area of a building intended for habitation and/or use by the building's occupants.
(Ord. NS-180 § 9, 1991; Ord. NS-204 § 4, 1992)

§ 21.04.720 Veterinarian and small-animal hospital.

"Veterinarian and small-animal hospital" means a place of business operated by a qualified veterinarian for the treatment of small domestic animals, where boarding, training and grooming of animals are only incidental to such treatment.
(Ord. 9502 § 3, 1978)

§ 21.04.720.1 Wet bar.

"Wet bar" means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain:
1. 
Gas lines or electrical wiring exceeding one hundred and ten volts that could power cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances.
2. 
A refrigerator exceeding six cubic feet in capacity or rough-in space for a refrigerator exceeding six cubic feet in capacity, (the typical dimensions of which are:
a. 
Depth of twenty-five inches;
b. 
Height of thirty-five inches; and
c. 
Width of twenty-five inches).
3. 
A sink or rough-in space for a sink with a waste line drain exceeding one and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet.
4. 
Cabinetry or counter space exceeding eight lineal feet.
(Ord. CS-243 § 3, 2014)

§ 21.04.730 Wireless communication facility.

"Wireless communication facility" means any component, including antennas and all related equipment, buildings and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to, cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground-based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them.
(Ord. NS-675 § 7, 2003; Ord. NS-791 § 31, 2006)

§ 21.04.740 Yard.

"Yard" means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
(Ord. 9060 § 275)

§ 21.04.750 Yard, front.

"Front yard" means an area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.
(Ord. 9060 § 276)

§ 21.04.760 Yard, rear line of required front.

"Rear line of the required front yard" means a line parallel to the front lot line and at a distance therefrom equal to the depth of the required front yard and extending across the full width of the lot.
(Ord. 9060 § 277)

§ 21.04.770 Yard, side.

"Side yard" means a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear line of the main building, or the rear line of the rearmost building if there is more than one, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building.
(Ord. 9060 § 278)

§ 21.04.780 Zoo, private.

"Private zoo" means any lot, building, structure, enclosure or premises whereupon or wherein are kept by any person, other than a municipal corporation, the United States, the State of California, or any political subdivision thereof, two or more wild animals, whether such keeping is for pleasure, profit, breeding or exhibiting, and including places where two or more wild animals are boarded, kept for sale or kept for hire.
(Ord. 9501 § 1, 1978)