"Accessory use"means a use that is subordinate to the primary use of the subject property, and of minor significance as compared to the primary use, and reasonably related to the primary use of the subject property. For the purposes of interpreting this title, the term "accessory use" shall have the same meaning as the terms "ancillary use" and "incidental use."
"ADA"is an abbreviation of the Americans with Disabilities Act, which is a federal law that requires accommodations for disabled persons.
"Address" or "house number"for the purposes of this title is a number or combination of numbers and letters assigned by the city to a specific building or property. The individual numbers or letters of an address that is physically displayed on a structure must be uniform in height and appearance. The minimum height of address numbers is regulated by California Building and Fire Codes. An address may have numerals or letters up to 12 inches in height without being considered a sign.
"Advertising structure"means a structure of any kind or character, including statuary erected or maintained for outdoor advertising or attention calling purposes, on which any poster, bill, printing, painting, or other advertisement, identification, or directions of any kind may be placed, including statuary which implies a message in itself or which calls attention to the premises on which it is constructed.
"Alternative fuel vehicle"means plug-in electric vehicles, natural gas vehicles, fuel cell electric vehicles, or similar vehicles that do not require gasoline to operate.
"Alternative lending"is defined as a category of business engaged in short-term non-traditional loans including anticipatory loans, payday loans, and auto title loans. Alternative lending does not include commercially available loans from banks, savings and loans, thrifts, and credit unions having a federal or state charter.
"ANSI"means the American National Standards Institute.
"Antenna"means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic energy.
"Antique shop"means a retail business, principally offering objects for sale to the general public, which are old as compared to the present age or time, which are of a bygone style or vintage, and which were crafted or manufactured at a much earlier period than the present time; and which, because of the passage of time, have taken on an intrinsic value greater than their original value. For purposes of this title, "antique shop" does not include the sale of secondhand merchandise.
"Arcade"means a covered pedestrian walkway along the front of a building, with supports for such arcade provided by such building on the interior side and columns or piers on the exterior side. (See also, "marquee.")
"Athletic club" or "fitness center"means a training facility that includes exercise equipment for the purpose of physical exercise by human beings, and provides instruction in weight training, bodybuilding, and cardiovascular training, as well as general health and fitness instruction.
"Attached structure"means a structure such as a patio cover or carport, or a structural addition such as a bedroom or garage, that is physically attached to the primary structure on a lot. For the purposes of interpreting this ordinance, an attached structure must share a common wall at least four feet in width with the primary structure on the lot. The construction of a breezeway between otherwise unconnected structures shall not qualify as the required attachment.
"Auction house"means a fixed location where goods, wares, merchandise, or other items of personal property, new or used, are offered for sale at auction as an established business.
"Automobile" or "auto"means a motorized vehicle that is self-propelled. The term "automobile" includes all forms of passenger vehicles, trucks, buses, motorcycles, motor homes and recreational vehicles. This definition shall exclude heavy equipment.
"Automobile wrecking"means the dismantling or wrecking of used autos and other motorized vehicles or trailers, or the storage, sale or dumping of one or more dismantled, non-operable or wrecked vehicles or their parts.
"Automotive service and repair"means a business that conducts automobile repair and/or maintenance services ranging from diagnostic services to major engine and transmission repair, except automobile painting, and automotive body repairs.
"Awning"means a temporary shelter, which protrudes from, and is supported entirely by, the exterior wall of a building.
"Basement"means that portion of a building partially below the average level of the adjoining ground, with a ceiling no part of which is more than seven feet above such level.
"Bed and breakfast establishment"means a transient occupancy establishment within a single-family residence, which is incidental to the single-family residence and offers sleeping facilities and breakfast to registered guests only. The single-family residence must have received at least a rating of "2" on the historic preservation survey completed for the city by SANDAG in 1985.
"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 that it intercepts.
"Blood bank"means a place for the storage and processing of blood and blood-based products. Blood banks may also collect blood as an ancillary activity, but no monetary compensation may be provided to the blood donor.
"Blood donation facility"means a place where blood or blood plasma is collected from donors who receive no monetary compensation for donating their blood or plasma.
"Blood plasma center"means a place where blood or blood plasma is collected from donors who may receive monetary compensation for the donation of their blood or blood plasma.
"Boardinghouse"means a dwelling unit in which one or more rooms are rented out separately for extended periods of time to four or more persons who do not meet the definition of "family." The common parts of the house may be maintained, and some services, such as laundry, cleaning, and meals may be supplied. Common features of a boardinghouse are that individual tenants do not begin and terminate their tenancy at the same time, are not parties in common on a single rental or lease agreement, and usually have exclusive use of one or more rooms that are different rooms than those for which other tenants may have exclusive use. The property owner or a boardinghouse manager may or may not also reside in the dwelling.
"Building"means a permanently located structure having a roof, including manufactured housing, but excluding all other forms of vehicles even though immobilized. Where these provisions require, 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."
"Building height"means the vertical distance measured from the average level of the highest and lowest point of that portion of the building site covered by the building to the highest point of the building. Exception: Roof-top mechanical screens, elevator shafts, and stairwell enclosures, and clearstories, covering a combined total of less than 25% of the roof area of a building, and not exceeding a height of 20 feet, shall not be counted in building height calculations, for the purposes of implementing this title. Additionally, a basement shall not be considered as a story when computing the height of a building.
"Building, main" or "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 multi-family dwellings in two or more buildings, each such permissible building on the lot shall be considered a main building.
"Building pad"means a relatively level site prepared by grading and upon which a building will be placed.
"Building site"means the ground area of one lot or 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.
"Bulk fuel storage and distribution facility"means a business location where at least one storage tank of 30,000 gallons capacity but no more than four such tanks with a maximum of 120,000 gallons aggregate capacity at any one business location is/are used for the temporary storage of petroleum or petroleum products, such as gasoline, fuel oil, propane, and kerosene, and the subsequent off-site distribution of the petroleum or petroleum products to retail outlets or off-site directly to the actual user. This definition also includes bio-fuels and other combustible fuels that do not originate from petroleum.
"Canopy"means a roofed architectural feature that is open on at least three sides and is used for vehicle or pedestrian passage. An awning is considered a canopy.
"Card room, non-gambling"shall mean any space, room or enclosure furnished or equipped with one or more tables, spaces, or other implements used or intended to be used as card tables or locations for the playing of cards and similar games, and the use of which is available to the public or any portion of the public.
This term shall not apply to public parks and city community recreation centers, where visitors occasionally play cards and similar games for recreational purposes. |
"Caretaker's unit"means a single dwelling unit located on the same lot as an authorized commercial or industrial use. The occupant of the caretaker's unit need not be an employee of the commercial or industrial use at the site.
"Cell"means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.
"Cell site"means a parcel of real property on which a wireless communications facility is to be located.
"Chicken coop"means a small roofed structure used for the keeping of domesticated chickens, and which provides nests for the birds to roost at night.
"Chicken run"means a fully enclosed structure made of wire mesh which provides access to fresh air, soil, and sunshine for domesticated chickens, while ensuring that chickens remain confined to the area of the run.
"Child activity center"means a commercial establishment that provides indoor play areas and activities for children up to age 12 where the parents or legal guardians of the children are present at all times. The term "child activity center" does not include daycare services, video arcades, video game centers, or other forms of amusements intended for older children, or any activities where the parents are not present at all times.
Church.See "Religious facilities and religious activities."
"Club"means an association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
"Clustered development area (CDA)"means that area described by an enclosed series of straight lines connecting the farthest points of the outermost lying buildings and parking areas, but excluding any improvements used solely for recreational purposes.
"Cocktail lounge"means a commercial establishment open to the general public that sells alcoholic beverages for on-site consumption as a primary use. The term "cocktail lounge" shall include bars, nightclubs, pubs, taverns, or any other commercial establishment that sells alcoholic beverages for on-site consumption as a primary use. A cocktail lounge may prepare and sell food for on-site consumption, but it is not considered a restaurant for the purposes of interpreting this title.
"Collocation facility"means the placement or installation of wireless facilities, including antennas and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.
"Commercial development"means one or more non-residential or non-institutional uses engaged in commerce on a parcel or on adjacent parcels of land which are planned, developed, or managed as a unit.
"Common interest development"is a type of development characterized by privately owned units, grouped together within a larger association or cluster of units that share amenities such as parking, recreational facilities, landscaping, and laundry facilities. In such developments the intervening and surrounding areas, which link and support the private units, are owned and maintained in common by all of the associated private property owners. Common interest developments are typically residential developments but they can also be established as commercial or industrial developments. A common interest development may be established as a planned residential development (PRD) or a planned unit development (PUD). All common interest developments require the approval of a subdivision map and the formation of an owners association whose responsibilities are recorded in a document containing covenants, conditions, and restrictions.
"Communications"means any transmission, emission, or reception of signals, images and sound or information of any nature by wire, radio, visual or electro-magnetic system that work on a "line-of-sight" principle.
"Community garden"means a property used for food crop cultivation by individuals or a collective group of individuals or organizations, which may be divided into multiple individual garden plots.
"Congregate care facility"means a multi-family residential development designed and devoted to housing persons of impaired physical and/or mental capacities, such as frail elderly and disabled persons, and offering limited 24-hour non-medical care. The facility contains small individual dwelling units of usually only one or two rooms with a small kitchen allowing for independent living, but also providing common dining, recreational and social facilities on site, and minimal convenience services such as housekeeping, and transportation services for the residents.
"Convenience market"means a commercial establishment that offers food and sundry items for sale, and is limited in size to no more than 4,000 square feet of gross floor area.
"Cut"means a condition in which earth material is cut into, dug, removed, displaced, or uncovered, and the conditions resulting therefrom.
"Day care facility"means any type of state-licensed group child care program, elder care program, or program for the supervised care of disabled persons conducted during daytime and evening business hours. "Day care facility" includes nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, play groups for preschool children, senior activity and care groups, and groups that provide supervised care and activities for disabled persons, provided such establishments are institutional in character and licensed by the state or county, and conducted in accordance with state requirements. This definition shall include the term "commercial day care facility." This definition shall not apply to family day care homes or to residential care facilities, which provide 24-hour care.
"Department store"means a retail establishment, with a gross floor area greater than 15,000 square-feet, which specializes in selling a wide range of products without a single predominant merchandise line. General merchandise retailers are included in this description.
"Development agreement"means an agreement between the city and an applicant for a development project that provides assurances to the applicant, upon approval of the project, that the project may be developed in accordance with those policies, rules, and regulations, and conditions of approval, existing or imposed at the time of city approval, subject to the terms of the agreement. The development agreement may include provisions where the applicant is reimbursed over time for financing public facilities required by the city at the time of project approval.
"Director"means the director of community development, or his or her designee.
"Director's determination"means an administrative land use and/or development decision made by the director of the community development department. Upon request, the director's determination shall be documented in writing. The term "director's determination" shall also apply to the resulting written and signed document. A director's determination is not a "zoning letter" as defined in this title.
"Discretionary legislative action"means an action of the City Council to establish rules, policies or standards of general applicability. Discretionary legislative actions involve the exercise of discretion, and are governed by considerations of the public welfare. Examples of discretionary legislative actions include but are not limited to: General Plan Amendments, Specific Plans, Zone Reclassifications, Zoning Ordinance Amendments, Annexations, and Detachments.
"Discretionary permit"means a permit authorizing development activity or the establishment of a use in which the approving authority exercises its judgment prior to approval or denial. Depending on the specifics of a given application and its accompanying circumstances, discretionary permits may be approved, conditionally approved, or denied. Examples of discretionary permits include but are not limited to: Conditional Use Permits, Site Development Plans, Variance, Administrative Zoning Permits, and Adult Entertainment Permits.
"Domesticated animal"means an animal, which has been adapted to life in association with and to the advantage of humans. For purposes of this code, domesticated animal shall include: horses, sheep, and goats. The term "domesticated animal" shall specifically exclude cattle and swine.
"Driveway"means the paved transition connecting a drive aisle or parking area to a public or private street. For the purposes of this title, the term driveway also means the paved area leading from a street to a covered garage or parking area at a single-family home, or individual dwelling unit within a Planned Unit Development or a Planned Residential Development.
"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.
"Dwelling"means a building or portion of a building, or a mobile home, designed for permanent residential purposes, including single-family, two-family, multiple-family dwellings, accessory dwelling units, and junior accessory dwelling units, but shall not include hotels, motels, or residential care facilities.
"Dwelling, multiple-family"means a building, or a portion thereof, designed for occupancy by two or more families living independently of each other, and containing two or more dwelling units.
"Dwelling, two-family"means a building designed for occupancy by two families living independently of each other, and containing two dwelling units. The term two-family dwelling shall have the same meaning as the term "duplex."
"Dwelling unit"means one or more rooms designed for occupancy by one family for both living and sleeping purposes, and having only one kitchen. This definition includes single-family homes, condominiums, townhomes, and apartments.
"Dwelling unit, accessory"means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is situated. An accessory dwelling unit also includes the following: (a) An efficiency unit, as defined in section
17958.1 of Health and Safety Code; and (b) A manufactured home, as defined in section
18007 of the Health and Safety Code.
"Dwelling unit, junior accessory"means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
"Educational institution"means elementary, junior high, high schools, colleges or universities, or other schools giving general academic instruction in the several branches of learning and study required to be taught by the
Education Code of the state of California. The term "educational institution" shall include private schools, charter schools, and parochial schools.
"Embankment"means a condition in which material is deposited, pushed, pulled, dumped, or moved to another location, and the conditions resulting therefrom.
"Emergency shelter"means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Establishment"means any non-residential use of land involving buildings or structures for which a building permit is required, or would be required if the building or structure were to be replaced.
"Excavation"means a condition in which earth material is cut into, dug, removed, displaced, or uncovered, and the conditions resulting therefrom.
"Family"means an individual, or two or more persons related by blood or marriage, or a group of unrelated individuals living together and bearing the generic character of a relatively permanent housekeeping unit in a dwelling unit.
"Family day care home"means a home which is licensed by the State pursuant to Chapter
3.4 of Division 2 of the California Health and Safety Code, as amended from time to time, to regularly provide care, protection, and supervision of 14 or fewer children in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and includes the following: "Family day care home, large" or "large family day care home" means a home that provides family day care for up to 14 children, including children who reside at the home, as defined in the
California Government Code. "Family day care home, small" or "small family day care home" means a home that provides family day care to eight or fewer children, including children who reside at the home, as defined in the California Government Code. For purposes of this title, family day care homes shall be considered an accessory use to any permitted single-family use.
"Farmers' market"means an outdoor market at a fixed location that is open to the general public where farmers and other vendors sell produce and other goods directly to consumers and where selling farm produce comprises at least 50% of the vendors.
"Farmworker housing"means housing for agricultural workers that is available to, and occupied by, only farmworkers and their households, limited to 12 units or 36 beds, as an accessory use to agricultural production only.
"FCC"means the Federal Communications Commission, and is the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Telecommunications Act of 1996.
"Fill"means a condition in which material is deposited, pushed, pulled, dumped, or moved to another location, and the conditions resulting therefrom.
"Fixed wireless"service means a local wireless operation providing multiple services such as, telephone, internet, and fax, to end users. The associated equipment is in the form of a small panel or dish antenna attached to a home or building.
"Foster family home"means a state-licensed foster family residence in which 24-hour care is provided for not more than six children, including children of the foster family.
"Foster family institution"means two or more foster family homes, each on separate lots or parcels, which are located in close proximity to each other and are owned, operated, managed or leased by the same organization, group, corporation or other entity, or operated in any manner so that there are shared facilities, activities, or other coordinated events.
"Freeway"means a highway declared to be a freeway in compliance with the
Streets and Highways Code of the state, or a route for a freeway which has been adopted by the State Highway Commission and which is declared to be such in compliance with the Streets and Highways Code of the state.
"Freeway-oriented uses"means those uses customarily sited immediately adjacent to freeways and designed to serve the traveling public. These uses include lodging establishments, drive through services accessory to permitted land uses, automotive fueling stations, convenience markets, restaurants, and electrical vehicle charging stations.
"Game center"means a place of business where more than three games of skill or amusement or more than one game of skill or amusement for every 1,000 square feet of building floor area are available for play or use. A "game center" is not an "adult entertainment establishment" as defined in Chapter
17.45 of this title.
"Game of skill or amusement"means any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placement of any coin, plate, disk, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees for the purpose of or use as a game, contest or amusement of any description, the use or possession of which is not prohibited by any law of the state.
"Garage, private" or "private garage"means an accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.
"Garage, public" or "public garage"means a building enclosed on all sides, other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are stored, or kept for hire or sale.
"Garage sale,"also known as a "yard sale" or "estate sale" or "rummage sale" means a short-term event conducted on private residential property consisting of the sale of used or unwanted personal property such as used toys, recreational equipment, household items, clothing, tools, and furniture.
"Grade"means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Grades constructed for the purpose of increasing the average height of the grade adjacent to a building shall not be considered as meeting this definition.
"Grading"means the act of creating a new grade.
"Group residential"means shared living quarters without separate kitchen and bathroom facilities for each room or unit. This classification includes "boardinghouse," dormitory, fraternity house, and sorority house.
"Gross floor area"means the total combined floor space in a building or buildings. Gross floor area includes all interior floor space in a building, including storage areas, stairwells, equipment rooms, mezzanines, etc.
"Hardware store"means a retail store that sells primarily hardware, tools, building materials, building supplies, and garden supplies. A hardware store may also provide services such as home improvement consulting, key making, tool sharpening, and engraving. "Home improvement center" is included in this definition.
"Headquarters office facility"means the corporate or regional offices of a business with multiple locations, which generally includes the chief operating officials, or regional managers, as well as clerical and payroll functions. A headquarters office facility may also include manufacturing, distribution and wholesale operations, as permitted in the underlying zone district.
"Heavy equipment sales"means an establishment that sells large, mechanized, construction or farming equipment generally characterized by the presence of hydraulic systems or other mechanical or electromechanical systems of force amplification designed to perform work on a large scale. Examples of heavy equipment include: bulldozers, skip loaders, compaction rollers, dump trucks, cranes, forklifts, rotary tillers, trenchers, and harvesters.
"Heavy manufacturing" or "heavy industry"means industrial activities that are generally more capital intensive and less consumer-oriented than light manufacturing. Heavy industry often involves the extraction and/or use of raw materials for the production of goods with a relatively low value-to-weight ratio. Moreover, heavy industry is typically characterized by more significant environmental impacts than light industry. Examples of heavy industry include, but are not limited to: mining, concrete production, steel production, ship building, heavy equipment and automobile manufacturing, petroleum refining, and the manufacture of pharmaceutical products and chemicals.
"High quality transit corridor"as defined in section
21155 of the Public Resources Code means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
"Home occupation"means an occupation lawfully conducted within a dwelling and meeting all the requirements of this title.
"Horticulture"means the science and art of gardening, cultivating, and propagating fruits, vegetables, flowers, and ornamental plants. The term horticulture shall include, but not be limited to: fruits and vegetables, field crops, seed crops, orchards, vineyards, pastures, plant farms, and tree farms.
"Hospital"means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to injured or infirm persons or patients, and which is licensed by the state of California to use the title "hospital" without a qualifying descriptive word.
"Hotel"means a building or group of buildings whose main function is to provide rooms for temporary lodging where access to at least 75 percent of such rooms is provided through interior hallways that are accessed through a completely enclosed lobby, foyer, entry hall, or similar interior entry feature. A hotel may also contain restaurants, conference rooms and personal service shops. The phrase "temporary lodging" refers to a rental period with a duration of generally less than 30 days.
"IEEE"means the Institute of Electrical and Electronic Engineers.
"Individual commercial use"is a separate and distinct non-residential or non-institutional use engaged in commerce, which use is located in a freestanding commercial building.
"Kennel"means any lot or parcel of land or place where four or more dogs or cats of four months of age or older are confined, treated, boarded, housed or cared for. For the purposes of this title, the term "kennel" shall exclude veterinary offices, animal hospitals, and pet shops.
"Kiosk"is a small, freestanding, open or partly open structure, which may be permanent or temporary, and which is used to display and/or sell limited merchandise and/or services. For the purposes of this title, a "kiosk" includes the term "stand" but does not include term "outdoor vending machine."
"Kitchen"means a room or portion of a room used for, or intended or designed for, cooking or the preparation of food. A kitchen shall contain at least a stove or oven.
"Landscaping"means living and/or nonliving decorative materials located in yards, parks, playgrounds, parking areas and other outdoor areas of the city. Landscaping may consist of the following items: trees, shrubs, ground covers, turf, flowers, and other living plant materials (except weeds), as well as artificial turf and decorative paving such as bricks and paving stones. Landscaping may also include: decorative water features, stones, boulders, bark, crushed decorative rock, and mulch. Landscaping shall not include driveways, drive aisles, or any required parking or loading areas.
"Large box retail"means the retail selling of manufactured or assembled goods that cannot easily be handcarried or placed in a standard shopping cart. Examples of large box retail items include, but are not limited to: furniture, large appliances, carpeting and flooring, custom windows, and large office machines.
"Lattice tower"means an open steel frame structure used to support equipment that is part of a wireless communications facility.
"Light manufacturing" or "light industry"means industrial activities that are generally less capital intensive and more consumer-oriented than heavy manufacturing. Generally speaking, light manufacturing means the production of small, consumer goods with a high value-to-weight ratio, from partially processed raw materials. Light manufacturing facilities are typically characterized by less significant potential environmental impacts than heavy manufacturing facilities and processes. Examples of light manufacturing uses include: manufacturing of optical and other precision instruments, manufacturing of paper, plastic, glass, and ceramic products, manufacturing of furniture, manufacture and assembly of consumer electronics, manufacture and assembly of tools, and the manufacturing of textile goods and clothing.
"Liquor store"means a commercial establishment where the primary products on display and for sale are liquor, beer and wine, and which is required by the state to obtain and hold a Type 21 Retail Off-Sale General Liquor License.
"Lot"means a parcel legally created by a subdivision map, parcel map, lot split or certified to be legal by a certificate of compliance.
"Lot area"means the total surface area of a lot or parcel, as measured on a flat plane, within the boundary lines of the lot or parcel. For the purpose of determining area in the case of an irregular, triangular or goreshaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line.
"Lot, corner" or "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 135 degrees.
"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.
"Lot, key" or "key lot"means the first lot to the rear of a reversed corner lot and whether or not separated by an alley.
"Lot line, front" or "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.
"Lot line, rear" or "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 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line 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 lot depth line 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.
4. In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
"Lot, panhandle" or "flag lot"means a lot which has a strip of land having a width narrower than that of the lot designed for the purpose of providing access to the lot.
"Lot width"means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.
"Low barrier navigation center"means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
"Major street"means a public road that is indicated by the general plan as a primary thoroughfare and/or has an existing or proposed right-of-way dimension of at least 84 feet.
"Major transit stop"as defined by section
21064 of the Public Resources Code means a site containing any of the following:
1. An existing rail or bus rapid transit station.
2. A ferry terminal served by either a bus or rail transit service.
3. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
"Manufactured home"means a mobile home built since June 15, 1976, and certified under the National Mobile Home Construction and Safety Standards Act of 1975, installed on a permanent foundation and having surrendered to the community development department any state registration or certification pertaining to mobile homes.
"Market"means a retail store, with a gross floor area greater than 4,000 square feet and less than 15,000 square feet that sells primarily food items and household supplies. Small grocery stores, produce markets, and specialty food stores are included in this definition.
"Marquee"means a permanent roofed structure attached to a building and projecting over public property. (See also "Arcade.")
"Martial arts facility"means a school and training facility that specializes in training and instructing students in the practice of hand-to-hand combat techniques, including the use of traditional weapons and excluding training in the use of firearms.
"Microbrewery"means a small beer manufacturing company that is licensed by the California Department of Alcoholic Beverage Control to manufacture and sell alcoholic beverages for on-site as well as off-site consumption.
"Mobile home"means a vehicle designed as a movable or portable dwelling built on a chassis, connected to utilities, and designed without a permanent foundation.
"Mobile home accessory building or structure"means any awning, cabana, ramada, storage cabinet, carport, fence, windbreak, or porch established for the use of the occupant of the mobile home. (Definitions of these terms are found in Section
5204 of Title 25 of the California Code of Regulations.)
"Mobile home lot"means any area or tract of land within a mobile home park which is designated or used for the occupancy of one mobile home, and which complies with the standards and criteria of the city.
"Mobile home park"means an area or tract of land which has been developed in accordance with the standards and criteria of the city, and where one or more mobile home lots are rented, leased, or sold to accommodate mobile homes used for human habitation.
"Mobile home subdivision"means an area or tract of land, which has been developed as a mobile home park in accordance with the standards and criteria of the city, and where each mobile home lot within the park has been legally subdivided in order to permit the sale of the lots to individual mobile home residents.
"Monopole"means a structure composed of a single spire used to support equipment that is part of a wireless communications facility.
"Motel"means a building or group of buildings whose main function is to provide temporary lodging in separate rooms for transient auto travelers, in which at least 75 percent of such rooms are directly accessible from an outdoor parking area. The phrase "temporary lodging" refers to a rental period with a duration of generally less than 30 days.
"Nameplate"means a device indicating the name and address of the occupant of a residence or structure.
"Nonconforming structure"means a building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this title, no longer conforms to the physical development standards for the zone in which it is located.
"Nonconforming use"means a use that was lawfully established and that has been continuously conducted at the same location, but which because of the application of this title, is no longer authorized at that location, or requires approval of a discretionary permit and has not obtained such discretionary permit approval.
"Office, administrative, business and/or professional"means an establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology, and technological support, insurance, investments, legal, secretarial, accounting, graphic arts, desktop publishing, advertising, marketing, title insurance, collection, or personnel. This provision includes health administration, when no medical services are provided on site.
"Ordinary household pet"means any animal, which is normally domesticated and customarily kept for personal use or enjoyment at a residence. For purposes of this code, ordinary household pets shall include, but not be limited to: domesticated dogs, cats, small mammals, birds, fish, reptiles, and rodents. Not included in this definition are wild animals, domesticated livestock, poultry, and those animals whose ownership is prohibited by the state of California, the United States government, or other portions of this code.
"Outdoor retail sales"means any business that is permitted by this title to conduct retail sales outdoors and where such outdoor sales occupy a minimum of 50 percent of the total gross lot area of the site.
"Outdoor vending machine"means a self-contained or connected appliance, machine, or mechanical device located outside or in a non-enclosed space that is used to dispense a retail product or service. Examples of outdoor vending machines include but are not limited to: canned or bottled beverage dispensers, filtered water dispensers, coin-operated amusement rides, video rental machines, cages for the retail sale of propane gas cylinders, and coolers for the retail sale of bagged ice. Kiosks, newspaper racks, automatic teller machines, resource recovery centers, donation boxes, and pay phones are not considered or regulated as outdoor vending machines for the purpose of interpreting this title.
"Parking area"means an area not located in a public street or alley with facilities constructed to city standards and maintained exclusively for parking of one or more vehicles and including associated aisles and driveways.
"Paving" or "pavement"means a minimum of two inches of asphaltic concrete over a prepared base, or an alternative surface approved by the director of public works, to be used as a driveway and/or parking area for automobiles. Paving does not include sidewalks or walkways.
"Pawn shop"means any business in which a pawnbroker is engaged in the business of receiving goods in pledge as security for a loan.
"Personal storage facility"means an establishment that provides for the storage of privately-owned household goods, personal property, business records, documents, and supplies within an enclosed building. Personal storage facilities are commonly referred to as "mini-storage" facilities. This classification is distinct from the use classification of "warehousing and distribution."
"Pharmacy"means an establishment that dispenses prescription and non-prescription medications under the direction of a pharmacist. A pharmacy may also sell a wide range of retail products in a manner similar to department stores and supermarkets.
"Planned residential development" or "PRD"means a kind of common interest development consisting of a group of buildings, sublots, or sites for designated future buildings, together with the surrounding open spaces, comprehensively planned in relation to each other, with the necessary utilities and services, access ways, parking areas, recreation facilities, and other appurtenances designed for residential purposes. A planned residential development is a total development concept, rather than an aggregate of separate individual buildings on unrelated lots.
"Planned unit development" or "PUD"means a kind of common interest development consisting of a group of buildings, sublots, or sites for designated future buildings, together with the surrounding open spaces, comprehensively planned in relation to each other, with the necessary utilities and services, access ways, parking areas and other appurtenances. A planned unit development is a total development concept rather than an aggregate of separate individual buildings on unrelated lots. A planned unit development permit may be applied for in all zoning districts.
"Poolhall" or "billiard parlor"means a place of business where three or more pool tables or three or more billiard tables, or any combination thereof, are available for play or use.
"Porte cochere"means a roofed extension or projection of a building used for the shelter of passengers loading or unloading from vehicles.
"Potbellied pig"means a miniature pig not exceeding 22 inches at the shoulder or 125 pounds.
"Poultry"means chickens, ducks, geese, turkeys, Guinea fowl, and other forms of domesticated fowl, excluding roosters.
"Public assembly"means a place of assembly, including but not limited to, stadiums, arenas, racetracks, amphitheaters, drive-in theaters, concert halls, playhouses, and banquet halls.
"Religious activities"means activities commonly conducted within religious facilities and may include worshipping, religious teaching and study, and the administration of the religious activities. Religious activities do not include such secular activities as the regular housing and feeding of the homeless, or the operation of elementary and secondary schools and colleges, and day care, or day nurseries, regardless of whether they might otherwise be conducted within religious facilities.
"Religious facilities"mean permanent buildings used as places for worship and may include assembly halls and rooms, libraries, kitchens, offices and similar spaces as well as up to one residence to be used by the religious leader or a caretaker.
"Residential care facility"means a residential home or facility providing 24-hour non-medical care for persons in need of personal services, protection, supervision, counseling, guidance, or assistance essential for sustaining the activities of daily living. This use classification only includes those facilities described above that are licensed by the State Department of Social Services, such as elder care facilities and sober living facilities.
"Restaurant"means any commercial establishment open to the general public that prepares and sells food for on-site consumption as a primary use. A restaurant has a kitchen, or other food preparation area, a menu of food items, and an indoor dining area. A "restaurant" includes, but is not limited to: a café, coffee shop, ice cream parlor, or similar uses where on-site dining facilities are provided. Accessory deli counters and areas for the sale of prepared food at convenience markets, markets, and supermarkets are not included in this definition.
"Restaurant, take-out" or "take-out restaurant"means a restaurant in which the products or menu of items prepared are intended exclusively for off-site consumption. A take-out restaurant shall be allowed a maximum of eight seats indoors for the convenience of customers who are waiting. No dining facilities (i.e., tables, booths, stools, benches, shelves, or bars) either indoors and/or outdoors, or service facilities (i.e., drive-through lane) shall be permitted.
"Roof-mounted"means anything directly attached or affixed to the roof of a building.
"Room"means any partitioned-off area used solely for human occupancy excluding areas used for bathrooms and storage purposes.
"Satellite antenna"means an accessory structure consisting of an electromagnetic wave (radio wave) reflector, along with the necessary receiving antenna parts and supporting structure, the purpose of which is to receive television signals broadcast from an earth-orbiting transmitter.
"Screening fence" or "screening wall"means a structure, which provides for the obstruction or impairment of visibility between properties, between one portion of a property and another portion of a property, or between public and private properties.
"Searchlight"is an apparatus for projecting a powerful beam of light and, for the purposes of this chapter, such light, whether stationary or moving, is intended to draw attention to a particular property or event.
"Seat"means a single chair, or a distance of 24 inches measured along the width of a bench, bleacher, or pew.
"Secondhand merchandise store or kiosk"means a business engaged in the purchase or purchase and resale of "Specified Secondhand Items." For purposes of this use classification, "Specified Secondhand Items" includes gold, precious metals, gemstones, jewelry, or electronics. Electronics shall include but is not limited to wireless communication devices or computers. Businesses that purchase these secondhand items as and accessory use to a primary retail sales use are excluded.
"Security wire"means a type of fence material characterized by sharp edges or points arranged at intervals along strands or coils of the wire. Security wire is typically strung or coiled along the top of a fence and may also be called barbed wire, razor wire, or concertina wire.
"Service provider"means a "wireless telecommunications provider" as defined in Section 3 of the Telecommunications Act of 1996, and is a company or organization, or the agent of a company or organization that provides wireless communications services.
"Service road"means a street, drive, or alley that may be publicly or privately owned which is accessory to the primary frontage road and inter-connecting adjacent commercial properties. A service road may be onsite or may be adjacent to the site, but the side street along properties situated in intersections is not considered a service road.
"Shopping center"means a commercial development encompassing a developed area of two or more acres, which are planned, developed, owned or managed as a unit, and which provide off-street parking for customers of the commercial establishments.
"Shopping center, regional" or "regional shopping center"means a shopping center which has a regional market area and which includes two or more major department stores along with associated specialty retail stores, which altogether have a combined gross floor area of at least 500,000 square feet.
Sign.See Chapter
17.190 for all sign-related definitions.
"Skilled nursing facility"means a commercial establishment providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgery or emergency medical services.
"Slope"means the inclined surface of an embankment, excavation, or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Slope may also be expressed as a percentage. In calculating slope percentage, the vertical distance of the sloped surface (rise) is divided by the horizontal distance (run) and the resulting decimal number is multiplied by 100 to yield the slope percentage.
"Sound level meter"means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels which satisfy the pertinent requirements in American Standard Specifications for sound level meters S1.4—1971 or any more recent revision thereof.
"Special training and schooling"means a facility for the conduct of instructional services outside the setting of educational institutions, vocational schools, and trade schools. Examples of special training and schooling include arts and crafts instruction, martial arts, dancing, ballet, sports and recreational instruction, language instruction, automobile driving schools, and educational support services such as exam preparation and testing.
"Stand"means a small, freestanding, open or partly open structure, which may be permanent or temporary, and which is used to display and/or vend merchandise, money or services. For the purposes of this title a "stand" is the same as a "kiosk."
"Stealth facility"means any communications facility that is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with an existing building. Also known as a concealed telecommunications facility.
"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. A basement shall not be considered as a story when computing the height of a building.
"Stove" or "oven"means a portable or fixed appliance that burns fuel or uses electricity to provide heat for cooking.
"Street"means a thoroughfare having a width not less than 30 feet, and dedicated to public use and which affords primary means of access to abutting property.
"Street line"means the boundary line between a street and the abutting property.
"Street, side" or "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.
"Structural alteration"means any change 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.
"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 not more than six feet in height.
"Sublot"means a designated portion or division of land, airspace, or combination thereof within the boundaries of a planned residential development or a planned unit development legally created through either the planned residential development or the planned unit development process. A sublot need not have frontage on a public or private street. A condominium lot is a sublot.
"Supermarket"means a retail store, with a gross floor area of no less than 15,000 square feet, which sells primarily food items and household supplies. Large grocery stores are included in this definition.
"Supportive housing"means housing with no limit on length of stay, that is occupied by persons with disabilities, and families who are "homeless," as that term is defined by 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
11139.3 of the Government Code, 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.
"Swimming pool"means a structure or excavation intended for swimming or recreational bathing that contains water 18 inches or more deep. This definition includes in-ground, and above-ground swimming pools, hot tubs and spas.
"Technological office"means medical, biological, and various technological research, analysis, and production, and excluding any research or analysis of cannabis or related products and derivatives.
"Temporary feeding area"means a fixed location outside of the public right-of-way which allows for the operation of mobile feeding facilities.
"Temporary use"means an activity that is conducted for a fixed, limited duration with the intent to discontinue the activity upon the expiration of the fixed time period.
"Thrift or resale store"means a business whose primary purpose is the resale of donated or purchased used items such as furniture, clothing or general household goods not defined elsewhere.
"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.
"Transition service center"means a permanent facility designed and operated to provide direct, indirect, referral and/or counseling services to persons who have no permanent residence or who are in need of assistance.
"Use"means the purpose for which land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
"Use, retail" or "retail use"means trade uses that sell goods individually or in small quantities directly to the public. Typically, retail uses charge sales tax, and are at the end of the distribution chain for manufactured or processed goods.
"Use, trade and service" or "trade and service use"means a use that is primarily involved in the selling of goods and services to the general public and to other businesses. Trade uses may sell their goods in both retail and wholesale fashion. Service uses are not considered to be either retail or wholesale in nature.
"Utilities"means the operational facilities and associated equipment of a company or governmental entity that provides a public service subject to government regulation. For the purposes of interpreting this title, the term "utility" shall include facilities that provide: gas and/or electrical service, telephone service, cable television service, Internet service, waste disposal service, water service, and sewage treatment service. The term "utilities" shall not include the administrative offices of a utility company, nor shall it include minor and appurtenant equipment such as distribution lines, electrical transformers, and similar appurtenances necessary to distribute and connect the provided services to the end users.
"Walking distance"means the total linear distance that a pedestrian must walk in order to safely travel from one property to another property without trespassing or violating any pedestrian laws such as the law prohibiting "jay-walking." For the purposes of this title, walking distance between properties shall be measured from property line to property line.
"Wholesale use"means a trade use that sell goods in large quantities to other businesses, to professionals, and to retail establishments. Typically, wholesale uses involve the storage of large quantities of goods in warehouses, and may also involve the distribution of goods to retail establishments, professionals, and other end-users.
"Wild animal"means any animal which is not normally domesticated within the United States, and/or not normally allowed as a pet in California by the Department of Fish and Game, irrespective of its actual or asserted state of tameness or domestication.
"Wireless communications facility"means a land use facility supporting antennas, which sends and/or receives radio frequency signals. Wireless communications facilities include antennas and other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. A wireless communications facility is also referred to as a telecommunication facility.
"Wireless facility support structure"means the electronic equipment housed in a cabinet or small building that, together with one or more antennas, comprises a personal communications services (PCS) facility or site. The cabinet or building typically includes an air conditioning unit, heating unit, electrical supply, telephone hook-up, and back-up power supply.
"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.
"Yard, exterior" or "exterior yard"means an area extending across the full width or depth of the lot lying between a street frontage property line and the required exterior side setback line, including any interior yards.
"Yard, front" or "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 specific 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.
"Yard, interior" or "interior yard"means an area extending across the full width or depth of the lot and lying between the interior property line and the interior setback line, including any exterior yards.
"Yard, rear" or "rear yard"means a yard extending across the full width of the lot, the depth of which yard shall be the minimum required distance as measured from the rear lot line toward the front lot line.
"Yard, side" or "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 of the main building, 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.
"Zone"means the same as "zoning district."
"Zoning district"means the delineation of land into a zone as indicated on the land use zoning map, to which the regulations of this title apply.
"Zoning letter"means a document prepared by the director of the community development department, or the director's designee, and is a written response to a request for a written description of the zoning, land use, development, code enforcement, or entitlement history of a specific property. A zoning letter is not the same as a "director's determination" as defined in this title.
(
Ord. 5033 § 18, 2015.;
Ord. 5038 § 2, 2016;
Ord. 5061 §§ 5, 7, 2017;
Ord. 5065 § 5, 2017;
Ord. 5072 § 10, 2018;
Ord. 5113 § 12, 2022;
Ord. 5117 § 4, 2022;
Ord. 5131 §§ 2—8, 2022;
Ord. 5142, 5/28/2024;
Ord. 5148, 1/28/2025)