Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Prior code Appx. A, § 200)

Effective on: 1/1/1901

The present tense includes the future, and the future the present. (Prior code Appx. A, § 201)

Effective on: 1/1/1901

The singular number includes the plural, and the plural the singular. (Prior code Appx. A, § 202)

Effective on: 1/1/1901

 

Accessory means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where the wall of an accessory building has a common wall or a portion of a common wall not less than four (4) feet in length, such accessory building shall be considered as a part of the main building.

Effective on: 1/1/1901

Accessory structure has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Advertisement means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display.

Effective on: 2/22/2024

Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type array having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna.

Effective on: 1/1/1901

Antenna–building-mounted means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than ten (10) feet tall above the roof ridge line and six (6) inches in diameter, or structure other than a wireless communications tower.

Effective on: 1/1/1901

Antenna–directional (also known as a "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty (360) degrees.

Effective on: 1/1/1901

Antenna–facade-mounted means an antenna that is directly attached or affixed to any facade of a building or other structure. Also known as a building-mounted antenna.

Effective on: 1/1/1901

Antenna–gound-mounted means an antenna with its support structure or base placed directly on the ground, the total height of which does not exceed fourteen (14) feet, including the height of the antennas.

Effective on: 1/1/1901

Antenna–omni-directional (also known as stick, whip, or pipe antennas) means any antenna which transmits and/or receives radio frequency signals in a three hundred sixty (360) degree horizontal pattern and a compressed vertical plane. For the purpose of this article, omni-directional antennas have diameters between two (2) and six (6) inches, and measures between one (1) and eighteen (18) feet in height.

Effective on: 1/1/1901

Antenna–panel. See "Antenna–directional."

Effective on: 1/1/1901

Antenna–parabolic (also known as a satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar-configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

Effective on: 1/1/1901

Antenna–portable means any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.

Effective on: 1/1/1901

Antenna–roof-mounted means an antenna directly attached or affixed to the roof, generally freestanding, of an existing building or structure other than a wireless communications tower.

Effective on: 1/1/1901

Antenna–vertical means a vertical type antenna without horizontal cross-sections greater than one-half (1/2) inch in diameter.

Effective on: 1/1/1901

Antenna–whip. See "Antenna–omni-directional."

Effective on: 1/1/1901

Antenna array means a structure attached to a wireless communications tower that supports a wireless communications antenna or antennas.

Effective on: 1/1/1901

Antenna array group means more than two (2) sets of antennas by different service providers placed on a monopole, tower, building, or other support structure or on multiple poles, towers, buildings, or other support structures on the same parcel of land or on different parcels where the antennas are located within two hundred (200) feet from each other (also known as an antenna farm).

Effective on: 1/1/1901

Automobile wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Effective on: 1/1/1901

Block means all property fronting upon one (1) 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.

Effective on: 1/1/1901

Building means a permanently located structure having a roof but excluding all forms of 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."

Effective on: 1/1/1901

Building height means a vertical distance measured from grade, as determined as described herein, to the corresponding uppermost point of the roof, as shown in the examples at the end of Chapter 17.04.

Effective on: 1/1/1901

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 (1) structure designed or used for the primary purpose, as in the case of group houses; each such permissible building on one (1) lot as defined by this title shall be construed as constituting a main building.

Effective on: 1/1/1901

Building site means: (a) the ground area of one lot, or (b) the ground area of two (2) or more lots when used in combination for a building or group of buildings, together with all open spaces as required by this title.

Effective on: 1/1/1901

Car share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service.

Effective on: 1/1/1901

Coastal Zone. That land and water area, which includes parts of the City of Hermosa, specified on the maps identified and set forth in Section 17 of Chapter 1330 of the Statutes of 1976, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The Coastal Zone Boundaries are depicted in General Plan Figure 2.0 Local Setting.

Effective on: 7/10/2025

Co-location means a wireless telecommunications facility comprising a single wireless communications tower, monopole, or building supporting antennas owned or used by more than one wireless communications carriers. Co-location shall also include the location of wireless telecommunications facilities with other facilities such as water tanks, light standards, and other utility facilities and structures (see also "Wireless communications facility").

Effective on: 1/1/1901

Commercial use means a use that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.

Effective on: 1/1/1901

Commission means the planning commission of the city.

Effective on: 1/1/1901

Complete independent living facilities has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Day care home or family day care homemeans a home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a ‘large day care home’ or a ‘small day care home.’

Effective on: 1/1/1901

Day care home, large means a home that provides family day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code.

Effective on: 1/1/1901

Day care home, small means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code.

Effective on: 1/1/1901

Direct Broadcast Satellite Service (DBS) is a system in which signals are transmitted directly from a satellite to a small home receiving dish which does not exceed eighteen (18) inches in diameter. The system is commonly marketed as Digital Satellite System (DSS). DBS or DSS competes with cable television.

Effective on: 1/1/1901

Director of community development means the city’s director of community development, or his or her designee.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Dwelling means a building or portion of a building designed for residential purposes, including one-family, two-family and multiple dwellings, but shall not include hotels, boarding and lodging houses.

Effective on: 1/1/1901

Dwelling, One-Family. "One-family dwelling" means a detached building designed for occupancy by one (1) family containing one (1) dwelling unit.

Effective on: 1/1/1901

Dwelling, Two-Family. "Two-family dwelling" means a building designed for occupancy by two (2) families living independently of each other, and containing two (2) dwelling units.

Effective on: 1/1/1901

Dwelling, Multiple. "Multiple dwelling" means a building, or a portion thereof, designed for occupancy by three (3) or more families living independently of each other, and containing three (3) or more dwelling units.

Effective on: 1/1/1901

Dwelling unit or apartment means one (1) or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one (1) family for living or sleeping purposes, and having only one (1) kitchen.

All rooms comprising a dwelling unit shall have interior access through an interior doorway not containing a deadbolt lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two (2) stories, interior access shall be provided between stories by an open unenclosed stairway.

For the purpose of this section, "open stairway" means a stairway which has a minimum of one wall which is not more than forty-two (42) inches high opening into at least one (1) room from which the stairway connects each floor.

If in the opinion of the director of building and safety the design of a dwelling has the potential to be converted to additional dwelling units, the director may require a deed restriction to be recorded prior to issuance of a building permit.

Effective on: 1/1/1901

Dwelling unit, accessory or accessory dwelling unit has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Dwelling unit, junior accessory or junior accessory dwelling unit has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

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 and equivalent to the standards prescribed by the Education Code of the State of California or California Board of Education, including learning skills integrated with said education. Includes schools, academies institutes, or tutoring services which operate for a profit. Excludes business/trade schools which operate for a profit.

Effective on: 1/1/1901

Emergency shelters shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care with minimal supportive services that limits occupancy by homeless persons to six (6) months or less in any year, and does not deny occupancy due to a person’s inability to pay.

Effective on: 8/1/2024

Existing space means a legally permitted space that can be converted to an accessory dwelling unit within the four (4) walls and roofline of any existing structure that can be made safely habitable under Title 15 of the city’s Municipal Code at the determination of the city’s building official.

Effective on: 1/1/1901

Family means two (2) or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic bond of social, economic and psychological commitment to each other, as distinguished from a group occupying a boarding house, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority.

Effective on: 1/1/1901

Federal Communications Commission (FCC) was established by the Communications Act of 1934 as an independent United States government agency directly responsible to Congress. The Act, which has been amended over the years, charges the Commission with establishing policies to govern interstate and international communications by television, radio, wire, satellite and cable.

Effective on: 1/1/1901

Garage, Private. "Private garage" means an accessory building or an accessory portion of the main building, having a roof, 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.

Effective on: 1/1/1901

Garage, Public. "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.

Effective on: 1/1/1901

Grade at any point on a lot is determined based on existing corner point elevations, taking into consideration significant variations relative to adjacent properties. In cases where there is significant variation in elevations between adjacent properties at corner points, the point of measurement shall be established based on the elevation at the nearest public improvement or an alternative point within three (3) horizontal feet which, based on supporting evidence, represents existing unaltered grade. In the absence of supporting documentation the corner point elevation shall be established at one-half (1/2) the difference between the adjacent elevation and the elevation on the property in question.

The determination of grade shall be made by the community development director, based on all available evidence, and any disputes shall be referred to the planning commission.

For lots with convex contours (where the ground level arches upward along a property line) the "grade" of a lot may be based on a detailed topographical survey along the property line with spot elevations called out at a minimum of two (2) foot intervals.

Effective on: 1/1/1901

Guest house or accessory living quarters means living quarters within a main building for the 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. Guest houses and accessory living quarters are subject to the issuance of a conditional use permit and are not allowed in accessory buildings.

Effective on: 1/1/1901

Incidental use. A use is customarily incidental to, related, and clearly subordinate to a principal use established on the same parcel, which does not fundamentally alter the intensity of the principal use and does not allow a use requiring an entitlement unless approved by the decision-making body or uses regulated by separate license or permit process.

Effective on: 7/10/2025

Kitchen means any room or space used or intended or designed to be used for cooking or the preparation of food. The installation of a cooking appliance constitutes a kitchen within the meaning of this definition, and where such a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwelling unit.

Effective on: 1/1/1901

Living area has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Lot means:

1. A.
   A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder as part of an approved subdivision having its principal frontage upon publicly dedicated street; or
2. B.
   A parcel of real property delineated on a record of survey, lot split, or sub-parceling map approved by the city.

Effective on: 1/1/1901

Lot area means the total horizontal area within the boundary lines of a lot or parcel. For the purpose of determining area in the case of an irregular, 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 representing the lot depth of such lot shall be used as the rear lot line.

Effective on: 1/1/1901

Lot, Corner. "Corner lot" means a lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

Effective on: 1/1/1901

Lot coverage means:

1. A.
   That portion of a lot covered by the area within the foundation of the main building and all accessory buildings and structures,
2. B.
   The area covered by cantilevers projecting from a building, and
3. C.
   The area covered by decks and stairs more than thirty (30) inches above grade as that term is defined in Section 17.04.040.

The following shall not be included when calculating lot coverage:

1. A.
   The area covered by architectural projections, eaves, and unenclosed balconies (i.e., balconies open on at least two sides and which may be under another balcony) that project five (5) feet or less from the face of a building,
2. B.
   Non-structural stairs, patios, walkways, and planters which establish finish grade, and
3. C.
   Fences and walls.

Effective on: 1/1/1901

Lot depth means the horizontal length of a straight line drawn from the midpoint of the front 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.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Lot, Key. "Key lot" means the first lot to the rear of a reversed corner lot and whether or not separated by an alley.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

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 (2) or more lines, the following shall apply:

1.  
   1. 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 lot depth line shall be used as the rear lot line;
   2. 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; and
   3. 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 above be interpreted as permitting a main building to locate closer than five feet to any property line.

Effective on: 1/1/1901

Lot Line, Side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line.

Effective on: 1/1/1901

Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of a front lot line of the lot upon which the rear of said corner lot abuts.

Effective on: 1/1/1901

Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets.

Effective on: 1/1/1901

Lot Width. "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.

Effective on: 1/1/1901

Low barrier navigation center. 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. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. a.
   The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. b.
   Pets.
3. c.
   The storage of possessions.
4. d.
   Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Effective on: 8/1/2024

Lower income means household income not exceeding eighty (80) percent of the “area (Los Angeles County) median income” published annually by the California Department of Housing and Community Development.

Effective on: 1/1/1901

Lower income multiple-family dwelling means two (2) family dwelling and multiple dwelling, where all dwelling units are affordable to lower income households. This definition includes owner-occupied and rental dwelling units.

Effective on: 1/1/1901

Manufactured house is a structure which is transportable and is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A module is a unit of a manufactured house.

“Manufactured house" is synonymous with "mobile home" as defined in Section 5402(6) of the National Mobile Home Construction and Safety Standards Act of 1974 except that for the purpose of this definition a manufactured house shall only be a mobile home which is attached to a permanent foundation and is at least nineteen (19) feet in body width.

Effective on: 1/1/1901

Monopole is a wireless communication facility which consists of a single-pole structure or spire, erected on the ground to support wireless communication antennas and appurtenances.

Effective on: 1/1/1901

Nonconforming building or structure means a building, structure, or portion thereof, which was lawfully erected or altered and maintained, but which no longer conforms to the zoning standards of the zone in which it is located.

Effective on: 1/1/1901

Nonconforming use means a use which was lawfully established and maintained but which, no longer conforms to the use regulations, or the lot area per dwelling unit regulations, of the zone in which it is located.

Effective on: 1/1/1901

Nonconforming zoning condition has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Open space means areas which are from ground to sky free and clear of any obstructions or obstacles unless otherwise specified within each zone classification.

Minor obstacles such as telephone and power lines or similar obstacles, and obstructions such as eaves or entryway overhangs, a maximum of thirty (30) inches wide, may encroach into open space areas in the R-1 zone.

Effective on: 1/1/1901

Passageway has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Planned Development.

1.  
   1. 1.
      "Floor area ratio" means the amount of gross floor area, not including covered garages, of building permitted in relation to gross land area.
   2. 2.
      "Gross land area" means the area of a lot, expressed in square feet, including all easements, measured to the center line of all abutting streets, alleys and walkways.
   3. 3.
      "Open space" means the amount of gross land area, expressed in percentages, which must be kept open but may be used for various purposes such as walkways, driveways, landscaping and streets.
   4. 4.
      "Livability space" expressed as a percentage of the gross land area is a portion of the open space and includes, but is not limited to, recreation space. This space is defined as that space which may be used by the occupants of the building for recreation, landscaping and balconies having a minimum width and length of ten (10) feet, and may be utilized as a part of any open space requirement.
   5. 5.
      "Recreation space" means the amount of usable livability space which must be provided for recreation, expressed as a percentage of gross land area. This space must be sufficiently large and so located as to permit use for normal recreation activities such as open air dining, court games, swimming, and grass lawns.
   6. 6.
      "Occupant car ratio" means the number of covered off-street parking spaces which must be provided, expressed in whole numbers or fractions per dwelling unit, figured to the next larger whole number.
   7. 7.
      "Total car ratio" means the number of occupant and visitor off-street parking spaces which must be provided, expressed as whole numbers.

Effective on: 1/1/1901

Primary residence means a structure that contains the primary one-family dwelling unit on the lot.

Effective on: 1/1/1901

Proposed dwelling has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Public service use or facility means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation, or utilities.

Effective on: 1/1/1901

Public right-of-way means and includes all public streets and utility easements, now and hereafter owner by the city, but only to the extent of the city’s right, title, interest, or authority to grant a license to occupy and use such streets and easements for wireless communications facilities.

Effective on: 1/1/1901

Public transit has the same definition as defined in Chapter 17.21. This definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.

Effective on: 12/13/2022

Quasi-public use means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

Effective on: 1/1/1901

Recyclable material is re-usable material including but not limited to metals, glass, and paper, which are intended for re-use, re-manufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

Effective on: 1/1/1901

Related equipment means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include but is not limited to cable, conduit, and connectors.

Effective on: 1/1/1901

Residential care facilities. A facility licensed by the state of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This use classification includes those both for and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing.

Effective on: 8/1/2024

Residential care facility, small. A facility that is licensed by the state of California to provide care for six or fewer persons.

Effective on: 8/1/2024

Residential care facility, large. A facility that is licensed by the state of California to provide care for more than six persons.

Effective on: 8/1/2024

Residential facility, assisted living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance.

Effective on: 8/1/2024

Rest home, convalescent home or guest home means a home operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons; but in which are kept no persons suffering from a mental sickness, mental disease, mental disorder or mental ailment or from a contagious or communicable disease, and in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no persons are kept or served who normally would be admittable to a mental hospital.

Effective on: 1/1/1901

Satellite earth station means a wireless communications facility consisting of more than a single satellite dish smaller than ten (10) feet in diameter that transmits to and/or receives signals from an orbiting satellite.

Effective on: 1/1/1901

School means an elementary, junior high, high school, college or university or other schools giving general academic instruction in the several brands of learning and study required to be taught in the Education Code of the State of California.

Effective on: 1/1/1901

Short-term vacation rental shall mean the rental of a residential dwelling, a dwelling unit or a room in a dwelling for compensation by way of a rental agreement, lease, license or any other means, whether oral or written to a person or group of persons for temporary overnight accommodations for a period of less than thirty (30) consecutive days. Short-term vacation rentals are also known as "short-term vacation rental" and "vacation rentals."

Effective on: 1/1/1901

Single room occupancy facility and SRO facility means a building containing more than six (6) SRO units, designed for occupancy of no more than two (2) persons, and which is intended, designed, or is used as a primary residence by its occupants.

Effective on: 1/1/1901

Single room occupancy unit and SRO unit means a room that is used, intended or designed to be used by no more than two (2) persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom.

Effective on: 1/1/1901

Street means a thoroughfare having a width of not less than twenty-one (21) feet, and dedicated to public use and which affords primary means of access to abutting property.

Effective on: 1/1/1901

Street line means the boundary line between a street and the abutting property.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

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 less than six (6) feet in height.

Effective on: 1/1/1901

Structural alterations means any change in the supporting members of a building such as foundation, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

Effective on: 1/1/1901

Supportive housing Pursuant to Health and Safety Code 50675.14, means housing with no limit on length of stay, that is occupied by the target population, 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. For purposes of this definition, "target population" means people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness.

Effective on: 8/1/2024

Temporary activity. Shall mean both “temporary uses” and “temporary events.”

Effective on: 7/10/2025

Temporary event. An activity allowed on private property for a limited duration beyond what is permitted in the zone and does not directly conflict with any existing approved entitlement (Conditional Use Permit, Parking Plan, etc). Public assembly and entertainment of a temporary nature for activities such as concerts, festivals, sports, cultural, philanthropic and/or educational events; and other commercial events deemed similar by the decision maker.

Effective on: 7/10/2025

Temporary use. Shall mean the use of a property that is not meant to be permanent.

Effective on: 7/10/2025

Trailer, Automobile. "Automobile trailer" means a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same uses as an automobile trailer without motor power.

Effective on: 1/1/1901

Trailer park, trailer court and public camp, any or all of them shall mean any area or tract of land used or designed to accommodate two (2) or more automobile trailers or two or more camp parties, including tents or other camping outfits and including trailer camps as defined by state law.

Effective on: 1/1/1901

Transitional housing. Transitional housing is a type of supportive housing and configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Effective on: 8/1/2024

Trellis means any framework or structure of crossed wood or other suitable building material used to cover open space for aesthetic or shading purposes. For the purposes of usable open space calculations, the open areas between the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development standards for each multifamily residential zone district.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Wireless communications facility means a wireless facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types equipment for the transmission or receipt of such signals, wireless communications towers, or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

Effective on: 1/1/1901

Wireless communications tower means a structure more than ten (10) feet tall, built primarily to support one (1) or more wireless communications antennas.

Effective on: 1/1/1901

Work/Live unit. A Work/Live unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a non-residential and a residential component that is occupied by the same resident.

Effective on: 8/1/2024

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.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

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 rear-most main building if there is more than one (1), 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.

Effective on: 1/1/1901

Alcohol Beverage Establishment, Off-Sale. "Off-sale alcohol beverage establishment" means retail sales of alcoholic beverages (beer, wine, spirits) in packaged containers for consumption off the premises. This definition includes liquor stores or grocery stores or food and beverage markets which sell alcohol.

Effective on: 1/1/1901

Alcohol Beverage Establishment, On-Sale. "On-sale alcohol beverage establishment" means sale of alcoholic beverages (beer, wine, spirits) for consumption on the premises whether in conjunction with a restaurant, or as a bar or cocktail lounge or in conjunction with a nightclub (see definition of "restaurant").

Effective on: 1/1/1901

Animal hospitals means establishments where animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum thirty (30) days) boarding of animals is included.

Effective on: 1/1/1901

Architect studio means a creative workspace with worktables, drawing tables and space for preparing models and graphic representations which may be in conjunction with ancillary office and storage area.

Effective on: 1/1/1901

Art/antiques/curios/gallery or shop means retail sales or display of art objects, antique items, and/or various other objects or items typically used for decorating the home or yard or as gift items.

Effective on: 1/1/1901

Artist studio means a workshop for one (1) or more artists specializing in the visual arts including, but not limited to, painting, drawing, printmaking, mixed media, and sculpture.

Effective on: 1/1/1901

Assembly hall shall mean any building, or portion of a building, used for public or private gatherings. For example, and without limitation, "assembly hall" includes convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness centers, educational institutions (K-12), game arcades with five (5) or more machines, miniature golf courses, large day spas, movie theaters, museums, music academies, religious institutions, and skating rinks, whether available for public or private use.

Effective on: 1/1/1901

Audio/video equipment and supplies, sales and repair means the retail sales of typical household audio/video equipment, including but not limited to televisions, VCRs, radios, stereos, personal computers and accessories, and the sale of videocassettes, compact discs, laser discs, audio tapes, computer software, etc., and their related accessories–does not include the sale of musical instruments.

Effective on: 1/1/1901

Bakery means the preparation of baked goods for primarily retail sales and may have incidental wholesale, for general distribution or consumption off-site. This classification includes incidental consumption of said goods on the premises.

Effective on: 1/1/1901

Banks and financial institutions means financial institutions that provide services to individuals and businesses, including retail banking, collection services, loan services, and tax and investment services. These uses do not include check cashing businesses.

Effective on: 1/1/1901

Billiard or pool halls means establishments that provide billiard tables for customer’s use.

Effective on: 1/1/1901

Body piercing means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.

Effective on: 1/1/1901

Bus station (not including terminal facilities) means a facility providing the site and support services for bus transfers or loading and unloading. Does not include storage or long-term parking of buses.

Effective on: 1/1/1901

Business schools means a commercial enterprise involving the teaching of business or related skills to adults. This definition does not include a school or educational institution giving general academic instruction, such as an elementary, junior high, high school or college.

Effective on: 1/1/1901

Cannabis or marijuana, shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. "Cannabis" or "marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" or "marijuana" also includes cannabis that is used for medical, nonmedical, or other purposes. "Cannabis" or "marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or case, or the sterilized seed of the plant which is incapable of germination. "Cannabis" or "marijuana" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.

Effective on: 1/1/1901

Cannabis delivery shall include the use by a dispensary of any technology platform owned and controlled by the dispensary or independently licensed by the state which enables persons, qualified patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of cannabis or cannabis products.

Effective on: 1/1/1901

Cannabis/marijuana accessories means any equipment, products or materials of any kind which are intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

Effective on: 1/1/1901

Cannabis/marijuana product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Effective on: 1/1/1901

Catering business means preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

Effective on: 1/1/1901

Clinic, Medical or Dental. "Medical or dental clinic" means a place that provides patient care services on an outpatient basis.

Effective on: 1/1/1901

Clothing and wearing apparel sales and service means retail sales and service of clothing and wearing apparel. Typical uses include clothing stores, tailors, shoe stores, shoe repair stores, jewelry stores.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Commercial cannabis activity means cultivation, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, packaging, delivery or sale of cannabis or cannabis products for medical and nonmedical use or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. This definition also includes medical marijuana dispensary. This definition excludes mobile cannabis dispensaries.

Effective on: 10/26/2023

Communication facilities means commercial telecommunications transmission facilities and studios that create broadcasting or media content outside of an office environment, including but not limited to radio, television or Internet broadcasting facilities, audio rehearsal or recording studios, motion picture studios, sound stages, special effects studios, and similar uses. Excludes public utility and wireless communication facilities.

Effective on: 1/1/1901

Concentrated cannabis means manufactured cannabis that has undergone a process to concentrate one (1) or more active cannabinoids, thereby increasing the product’s potency. "Concentrate" includes resin from granular trichomes from a cannabis plant.

Effective on: 1/1/1901

Convention hall means an enclosed building or structure used for public assembly for meetings, conventions or special events. This classification includes assembly halls.

Effective on: 1/1/1901

Copying and printing services and supplies means businesses providing copying, printing, typesetting and related clerical services to individuals and businesses and/or the retail sales of supplies used for copying and printing. Typical uses include blueprinting shops, photocopying and typesetting services, and stationary stores. This classification does not include commercial publishing or printing businesses or retail sales and service of copy machines.

Effective on: 1/1/1901

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Effective on: 1/1/1901

Dancing, Customer. "Customer dancing" means provision of facilities and floor space for participant dancing including a dance studio or instructional dancing. The definition does not include "taxi" dancing where a fee is charged to dance with a particular person.

Effective on: 1/1/1901

Department store means a retail business selling a variety of products, such as jewelry, clothing, appliances; this classification does not include the sale of products that are prohibited, or require a conditional use permit by this title in specified zones.

Effective on: 1/1/1901

Dispensary means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale.

Effective on: 1/1/1901

Drugstore means retail sales of prescription and nonprescription drugs.

Effective on: 1/1/1901

Entertainment, Limited Live. "Limited live entertainment" means the provision of live entertainment as defined herein, but only as accessory to an established on-site use during normal business hours for limited periods of time outside of late night hours, provided by a maximum of two (2) performers using amplification at any time, that does not typically generate off-site impacts or contribute to impacts within the commercial district or adjacent residential districts in accordance with operational standards in the commercial zoning districts.

Effective on: 1/1/1901

Entertainment, Live. "Live entertainment" means the provision of live performances including without limitation all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by use of a disc jockey to select, play and/or announce music or announcer, participated in by one (1) or more employees, guests, customers, or any other person or persons. Acoustic, unamplified, nonpercussive background music provided accessory to an established on-site use during normal business hours by a maximum of two (2) persons without advertisement and without charge is excluded.

Effective on: 1/1/1901

Entertainment, Special Performances. "Special performance entertainment" means temporary or short term live entertainment. Acoustic, unamplified, nonpercussive background music provided accessory to an established on-site use during normal business hours by a maximum of two (2) persons without advertisement and without charge is excluded.

Effective on: 1/1/1901

Equipment rental and/or repair (tools and/or lawn/garden equipment including small engines other than street vehicles) means a business providing typical household tools and lawn/garden equipment for repair (such as sharpening, or repair of small motors or engines) or rental, including hand-operated machinery, power tools, lawn mowers, hedgers, etc., but excluding vehicles, trucks, and trailers licensed for street use.

Effective on: 1/1/1901

Events, Limited. "Limited events" means the provision of events as defined herein, but only as accessory to an established on-site use for limited periods of time, such as openings for the purpose of showcasing art or other goods produced or manufactured in the M-1 zone, such as for artist studios or manufacturers, and also allowing accessory retail that does not typically generate off-site impacts or contribute to impacts within the M-1 light manufacturing zone or adjacent residential districts in accordance with standards and limitations.

Effective on: 1/1/1901

Florist or plant shop means retail sales of flowers and plants and accessories with storage of merchandise inside a building; outside flower and plant displays permitted.

Effective on: 1/1/1901

Food and beverage market (maximum four thousand (4,000) square feet) means retail sales of food and beverages, where a regular or substantial portion is for off-site preparation and consumption. Typical uses include groceries, convenience stores, delicatessens, health food stores, and/or produce markets. Includes incidental sales of prepared food for take-out consumption. Over four thousand (4,000) square feet is classified as a supermarket.

Effective on: 1/1/1901

Fortune tellers, psychics, astrologers means businesses offering personal services to individuals based on the spiritual arts–does not include classes or seminars for groups.

Effective on: 1/1/1901

Funeral homes, including mortuaries means establishments primarily engaged in the provision of services involving the care, preparation and/or disposition of human dead other than cemeteries.

Effective on: 1/1/1901

Furniture/furnishings, sales and display means retail sales and/or display of various household and office furnishings including, but not limited to, carpet and floor coverings, drapes and window coverings, lighting fixtures, tables, desks, chairs, sofas, beds, wall coverings, bookshelves and patio furniture.

Effective on: 1/1/1901

Game arcade (or amusement arcade) means any place having five (5) or more coin-operated, slug-operated or any type of amusement or entertainment machine, equipment or facilities for which payment is necessary for operation and which is the primary purpose of the business. These include pinball, video games, slot-car racing or other type of game entertainment, but do not include merchandise vending machines.

Effective on: 1/1/1901

Gun shop means retail sales of guns, firearms, ammunition, etc., in accordance with the state and federal laws.

Effective on: 1/1/1901

Gymnasium/health and fitness center means a facility, whether open to the public or a private club, which provides the indoor space, equipment and the supervision/training/teaching for physical activities including but not limited to sporting activities, exercising, martial arts, aerobic dancing, weight training, gymnastics and spas.

Effective on: 1/1/1901

Gymnasium/health and fitness center, limited means a facility not exceeding six thousand (6,000) square feet of gross floor area, whether open to the public or a private club, which provides the indoor space, equipment and the supervision/training/teaching for physical activities including but not limited to sporting activities, exercising, martial arts, aerobic dancing, weight training, gymnastics and spas. In this Code, "gymnasiums/health and fitness center" includes this use type "gymnasium/health and fitness center, limited."

Effective on: 1/1/1901

Hardware/home improvement stores means retail and/or service for hardware, building materials, tools, equipment, plumbing fixtures, tiles, paint, windows, etc.

Effective on: 1/1/1901

Hobby and craft supplies and service means retail sales, service and provision of facilities for various types of crafts and hobbies engaged in by individuals typically for fun or relaxation but not for financial gain, including, but not limited to, photography, knitting, weaving, cooking, home brewing, collecting (e.g., stamps, baseball cards, coins, etc.), model trains and cars, stained glass, and other typical home arts and crafts. This classification does not include sport and recreation activities, or "hobbies" that involve heavy machinery or motor vehicles.

Effective on: 1/1/1901

Hospital, General. "General hospital" means a facility licensed by the State Department of Public Health with a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four (24) hour, inpatient care, including, but not limited to, medical, nursing, surgical, obstetric, laboratory, radiology, pharmacy and dietary services. Mental health care is limited to psychiatric outpatient services only. This definition does not include mental hospitals.

Effective on: 1/1/1901

Hotel means one (1) or more buildings containing six (6) or more guest rooms, with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding ninety (90) days per year, whether or not consecutive. Access to all rooms is provided through a common entrance; and the project shall include a registration lobby manned on a twenty-four (24) hour basis.

This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.

The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than twenty thousand (20,000) square feet.

Effective on: 1/1/1901

Household appliances and office equipment, sales and repair (including large or major appliances and/or equipment) means retail sales and/or repair of appliances and/or equipment such as refrigerators, washer-dryers, cooking and kitchen appliances, copy machines, micro-computers etc.

Effective on: 1/1/1901

Instruments (professional and/or scientific), sales means small hand-operated specialized technical instruments used in professions or sciences. This definition does not include tools, machinery or musical instruments.

Effective on: 1/1/1901

Laboratories means establishments providing medical or dental laboratory services; or establishments with less than two thousand (2,000) square feet providing photographic, analytical or testing services.

Effective on: 1/1/1901

Large Day Spa. An establishment that consists of more than three thousand (3,000) square feet of gross floor area, that offers a combination of non-medical personal services that may include hair, nail and skin care treatment or other services typically found in a beauty shop, and also massage therapy and similar treatment of the human body, and may also include spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. If a massage establishment occupies more than twenty-five (25) percent of the gross floor area of the establishment the business shall be subject to requirements of massage establishment pursuant to Chapter 5.74.

(Ord. # 21-1441 §4,5, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

Laundry business (including self-service) and dry-cleaning means an establishment that provides laundry and/or dry-cleaning services, with the dry-cleaning performed off the premises. Definition does not include on-premises dry-cleaning.

Effective on: 1/1/1901

Lumberyard, Retail. "Retail lumberyard" means retail sales of building materials, including lumber and ornamental brick and stone, provided all materials are stored within an enclosed seven (7) foot high masonry wall and open storage is limited to twenty (20) foot height.

Effective on: 1/1/1901

Manufacture cannabis means to compound, blend, extract, infuse, or otherwise prepare a cannabis product.

Effective on: 1/1/1901

Massage establishment means any business that offers "massage," "massage services," or "massage therapy," including, but not limited to, reflexology, fomentations, shiatsu, alcohol rubs, Russian, Swedish, Turkish baths, or acupressure or any combination thereof in exchange for compensation at a fixed place of business. Any business that offers any combination of massage and bath facilities - including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than twenty-five (25) percent of the area of the establishment. This definition also specifically excludes adult massage as defined in Section 17.04.060.

(Ord. # 21-1441 §4,5, adopted 12/14/2021, effective 01/13/2022)

Effective on: 1/13/2022

MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

Effective on: 1/1/1901

Microbrewery means a brewery that produces less than four thousand (4,000) barrels of beer per year limited to the manufacturing and wholesaling of beer produced on the premises.

Effective on: 1/1/1901

Mini-Storage, Personal. "Personal mini-storage" means an establishment which rents storage space for personal use by the renter, and no materials of a hazardous nature, i.e., toxins, highly inflammable, and/or similar, are stored; nor shall there be warehousing of wholesale and/or retail materials and/or products.

Effective on: 1/1/1901

Miniature golf course means participant golfing, limited to putting.

Effective on: 1/1/1901

Mobile cannabis dispensaries means any dispensary, clinic, cooperative, association, club, business or group which transports or delivers, or arranges the transportation or delivery of, cannabis to a person in the City from a location outside the City. This definition includes businesses engaged in Cannabis Delivery. Nothing in this definition shall be construed to allow for the parking or storing of a vehicle or mobile trailer in the City and the use of this vehicle or mobile trailer for any commercial cannabis activity.

Effective on: 10/26/2023

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

Effective on: 1/1/1901

Monuments means custom productions and sales of statues, tombstones and/or similar items.

Effective on: 1/1/1901

Motel means one or more buildings containing guest rooms with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests, in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding ninety (90) days per year, whether or not consecutive. Such facilities are designed, and used for automobile tourists or transients and shall include a registration/checkout service on a twenty-four (24) hour basis.

This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.

The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than twenty thousand (20,000) square feet.

Effective on: 1/1/1901

Motor vehicles and equipment sales and service (including automobiles, trucks, motorcycles, boats, recreational vehicles and excluding tractor trucks):

1. A.
   Sales/Rental, New or Used. "New or used sales/rental" means sale or rental of motor vehicles including storage and incidental maintenance.
2. B.
   "General repair, service, installations of parts and accessories" means repair of motor vehicles. This classification includes auto repair shops, wheel and brake shops, tire sales and installation, auto upholstery installation, car stereo installation, window installation or tinting but excludes auto body repair and painting, vehicle dismantling or salvage and tire retreading or recapping.
3. C.
   "Body repair and painting" means repair or service of motor vehicles that involves body and fender repair, and/or painting.
4. D.
   "Car washes" means washing, waxing or cleaning of automobiles, trucks and vehicles.
5. E.
   "Service stations" means establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of trailers, tractors, heavy trucks or similar vehicles.
6. F.
   Parts and Accessories, Retail Sales. "Retail sales parts and accessories" means retailing of new or used motor vehicle parts and accessories, and related equipment parts and accessories for installation off-site. This classification does not include installation, repair or service of parts and accessories of motor vehicles or related equipment.
7. G.
   "Vehicle storage" means storage of operative or inoperative vehicles. This classification includes parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

Effective on: 1/1/1901

Movie theaters means a facility that provides fixed seating for customers to view motion pictures, including accessory snack and/or food and beverage services.

Effective on: 1/1/1901

Music academy means a school offering classes and curriculum primarily in the musical arts which includes the facilities for playing and practicing with musical instruments.

Effective on: 1/1/1901

Musical instruments, retail sales and repair means retail sales and repair of musical instruments and accessories. This classification does not include musical training or practice.

Effective on: 1/1/1901

Nurseries means establishments which primarily sell plants and landscaping/gardening supplies. All merchandise other than plants are kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

Effective on: 1/1/1901

Office, General. "General office" means facilities where, as a primary use, the administrative activities of a business are performed, such as management, personnel and financial functions, preparation of reports, business communications, personal contact with clients, and similar activities; or professional, executive, management, administrative or similar services are provided to consumers within a commercial office environment. General office includes but is not limited to:

1. A.
   Administrative and business offices providing consumer services, including but not limited to insurance, real estate, and travel services. It may include business offices of construction and similar contractors; provided, that equipment or materials storage or vehicle fleets are not maintained onsite.
2. B.
   Government and public utility administrative offices. Excludes public service use or facility.
3. C.
   Professional services offices, including but not limited to accounting, legal, advertising or public relations, management and similar consulting services, computer and Internet technology services, design services, land development services, and offices for educational, scientific and research organizations.
4. D.
   Personal improvement services offices, including but not limited to counseling, tutoring and similar services. Excludes gymnasium/health and fitness center, educational institutions, medical office, beauty shops, massage therapy businesses, and similar uses.
5. E.
   Media production offices, including but not limited to offices for businesses specializing in computer aided video or audio media production and similar services, including the occasional use of unamplified live subjects integral to media production. Excludes communication facilities, live entertainment, and businesses utilizing live audiences.

Effective on: 1/1/1901

Parcel delivery terminal means parcel and package delivery, pick-up, and storage services including the normal accessory services provided thereto.

Effective on: 1/1/1901

Permanent make-up means the application of pigment to or under the skin of a person for the purpose of permanently or semi-permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color.

Effective on: 1/1/1901

Person, for purposes of Section 17.42.110, means any individual, firm, corporation, association, club, society, or other organization. The term "person" shall include any owner, manager, proprietor, employee, volunteer, or salesperson.

Effective on: 1/1/1901

Pet grooming, no overnight kennels means provision of bathing and trimming services for animals.

Effective on: 1/1/1901

Pet stores, including sales of pets means retail sales and boarding of small animals for sale, provided such activities take place within an entirely enclosed building.

Effective on: 1/1/1901

Photography (equipment sale and service, film processing studio) means an establishment providing retail sales, repair service, and/or film processing and developing services.

Effective on: 1/1/1901

Printing and/or Publishing Business, Commercial. "Commercial printing and/or publishing business" means the commercial reproduction of books, magazines, newspapers, posters, etc., either for distribution or sale.

Effective on: 1/1/1901

Recyclable material means re-usable material including but not limited to metals, glass and paper, which are intended for re-use, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

Effective on: 1/1/1901

Recycling collection facilities means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as permitted by conditional use permit. Collection facilities may include the following:

1. A.
   Reverse vending machine(s);
2. B.
   Small collection facilities which occupy an area of not more than five hundred (500) square feet, and include:

   1. 1.
      A mobile unit,
   2. 2.
      Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet,
   3. 3.
      Kiosk type units which may include structures,
   4. 4.
      Unattended containers placed for the recyclable materials;
3. C.
   Large collection facilities which may occupy an area of more than five hundred (500) square feet, may include permanent structures and is not appurtenant to a host use.

Effective on: 1/1/1901

Religious institutions shall mean facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities.

Effective on: 1/1/1901

Restaurant means a bona fide public eating establishment (A) whose primary function is the sale or offering for sale of prepared food during all hours it is open for business, and (B) that prepares food on-site in a kitchen capable of refrigerating and preparing food from its component ingredients.

Effective on: 1/1/1901

Reverse vending machine(s) means an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

Effective on: 1/1/1901

Secondhand Merchandise, Retail Sales. "Retail sales secondhand merchandise" means retail sales of previously used merchandise, such as clothing, household furnishings or appliances, sports/ recreational equipment. This classification does not include secondhand motor vehicles, parts, or accessories.

Effective on: 1/1/1901

Skating Rink, Ice or Roller. "Ice or roller skating rink" means an establishment that provides the facilities for participant skating.

Effective on: 1/1/1901

Snack bar or snack shop means an establishment with twenty-five (25) or less seats that is distinguished from a restaurant as it does not include waiter/waitress table service, except queuing, (intermittent delivery of purchased goods) and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or nonalcoholic beverages for consumption on the premises or for take-out; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea and juices are considered snacks.

Effective on: 1/1/1901

Sporting/recreational equipment sales, service and rental uses include beach recreational equipment rental and sales bicycle shops, sporting goods stores, bait and tackle shops, etc.

Effective on: 1/1/1901

Supermarkets means food markets, or combination food markets and department stores with over four thousand (4,000) square feet of floor area.

Effective on: 1/1/1901

Tattoo/tattooing means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.

Effective on: 1/1/1901

Tattoo/body piercing studio means any establishment where tattooing and/or body piercing takes place.

Effective on: 1/1/1901

Upholstering shop means repair and upholstery replacement to household and office furnishings– does not include motor vehicle upholstering or repair.

Effective on: 1/1/1901

Wedding Chapel, Commercial. "Commercial wedding chapel" means an establishment which primarily provides the facilities and services for weddings on a commercial basis. This definition does not include churches and similar congregations where weddings are an ancillary use.

Effective on: 1/1/1901

Youth hostel means one (1) or more buildings containing six (6) or more guest rooms, in which some or all offer dormitory style sleeping facilities. The sleeping facilities contained in such rooms are designed, intended to be used and are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. Access to all rooms is provided through a common entrance and a registration lobby is located on the premises. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.

Effective on: 1/1/1901

Adult bathhouse means an establishment which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which a regular or substantial portion of the services performed involves the display of specified anatomical areas or the occurrence of specified sexual activities. This definition does not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the state of California. An adult bathhouse is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.

Effective on: 1/1/1901

Adult bookstore means an establishment that has a regular or substantial portion of its stock-in-trade distinguished or characterized by specified sexual activities or specified anatomical areas, including, but not limited to, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, slides or other verbal or visual representations that are characterized by a depiction or description of specified sexual activities or specified anatomical areas. An adult bookstore is considered a form of written and visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.

Effective on: 1/1/1901

Adult business means a business establishment in which a regular or substantial portion of its stock-in-trade material is specifically intended for the exclusive patronage of adults and/or is precluded from selling such material to minors and/or admitting minors into the premises of the business by Section 313 et seq. of the California Penal Code. "Regular or substantial portion" is defined as greater than twenty (20) percent of an establishment’s stock-in-trade materials and/or services offered to patrons, for compensation or some form of gratuity. For the purposes of this title, "adult businesses" shall refer only to those establishments which involve forms of written or visual speech protected by the First Amendment, specifically adult bookstores, adult cabarets, adult motion picture theaters/arcades, and adult newsracks. This definition does not include businesses primarily characterized by activities not protected by the First Amendment, which specifically refers to adult bathhouses, adult massage parlors, adult motels/hotels, outcall services and sexual encounter establishments.

Effective on: 1/1/1901

Adult cabaret means a nightclub, bar, restaurant or similar establishment featuring live performances in which a regular or substantial portion of such performances involve the exposure of specified anatomical areas and/or the depiction or description of specified sexual activities. An adult cabaret is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.

Effective on: 1/1/1901

Adult massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external genitalia, breasts or buttocks or the human body with the hands or with the aid of any mechanical, electrical apparatus, or other appliances or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or similar preparations.

Effective on: 1/1/1901

Adult massage parlor means an establishment in which a regular and substantial portion of its services involves adult massages. An adult massage parlor is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.

Effective on: 1/1/1901

Adult motel/hotel means an establishment offering public accommodations, for any consideration or gratuity, in which a regular or substantial portion of the material and/or services provided to patrons is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. An adult motel/hotel is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.

Effective on: 1/1/1901

Adult motion picture theater/arcade means an establishment in which a regular or substantial portion of its stock-in-trade material, including but not limited to films, motion pictures, video cassettes, picture viewing machines, slide projections or similar photographic reproductions, features the exposure of specified anatomical areas or the depiction or description of specified sexual activities. An adult motion picture theater/arcade is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.

Effective on: 1/1/1901

Adult newsrack means any coin-operated machine or device which has a regular or substantial portion of its stock-in-trade material devoted to the depiction or description of specified sexual activities or specified anatomical areas. An adult newsrack is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.

Effective on: 1/1/1901

Adult paraphernalia means any instruments or devices that are designed for use in connection with specified sexual activities, including but not limited to the following:

1. A.
   Any lotions, ointments, oils or similar preparations primarily intended to induce or enhance sexual arousal through external application;
2. B.
   Any product for internal consumption that is primarily intended to induce or enhance sexual arousal;
3. C.
   Any apparatus depicting the human body and/or specified anatomical areas intended to induce or enhance sexual arousal; and
4. D.
   Any apparel primarily intended to accentuate specified anatomical areas in order to induce or enhance sexual arousal.

Adult paraphernalia is not a form of speech protected by the First Amendment.

Effective on: 1/1/1901

Bathhouse means an establishment which provides hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the state of California. If the establishment is not supervised by a licensed medical professional, it shall be defined as an adult bathhouse.

Effective on: 1/1/1901

Outcall service means an establishment in which a regular or substantial portion of the services provided involves individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs. An outcall service is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.

Effective on: 1/1/1901

R-rated refers to any materials or services which include the display of specified anatomical areas but not the depiction or description of specified sexual activities.

Effective on: 1/1/1901

Sexual encounter establishment means an establishment in which a regular or substantial portion of the materials and/or services provided involves, for any form of consideration or gratuity, public accommodations which provides a place where two or more persons may congregate, associate or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy. A sexual encounter establishment is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.

Effective on: 1/1/1901

Specified anatomical areas means and includes any of the following:

1. A.
   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
2. B.
   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

Specified sexual activities means and includes any of the following:

1. A.
   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. B.
   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. C.
   Masturbation, actual or simulated; or
4. D.
   Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this section. (Ord. 10-1313 §2, 2010; Ord. 97-1174 §2, 1997; Ord. 96-1130 § 9(B), 1996; prior code Appx. A, §§ 284, 284.1–284.9, 285, 285.1–285.8)

Effective on: 1/1/1901