For the purposes of this title, the following definitions shall apply:
"Accent window"means a window that provides an aesthetic value to a building. Window types include transom windows, dormer awning windows, picture windows, arch and circle windows, and art glass.
"Accessible parking space"means a parking space provided for use by persons with disabilities as described in the Americans with Disabilities Act (ADA) and the requirements established by the State of California.
"Accessory building"means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use.
"Accessory dwelling unit" or "ADU"shall have the same meaning as in California Government Code Section
66313 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means an attached or a detached residential dwelling unit, or located within the living area of an existing primary dwelling unit that provides complete independent living facilities and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-unit dwelling is or will be situated. An ADU also includes the following: an efficiency unit; and a manufactured home, as defined in Section
18007 of the California Health and Safety Code. An ADU may also consist of space within the primary dwelling unit that is converted into an independent living unit.
"Accessory use"means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
"Affordable housing covenants"means the plan that is part of the affordable housing agreement which ensures the continued affordability of inclusionary housing units in a particular residential or mixed-use development and describes the real estate and financial terms and requirements of the inclusionary housing units.
"Affordable housing plan"means the plan that is part of the affordable housing agreement which provides the location of the inclusionary housing units within the overall residential development project.
"Alley"means a public way not over 20 feet in width permanently reserved as a secondary means of access to abutting property.
"Applicant"means a person, business, or organization filing an application pursuant to the requirements of this title.
"Arcade"means a roofed passageway or lane. A series of arches supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery.
"Area median income" or "AMI"means the annual median income for Orange County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section
6932, or its successor provision, or as established by the City of La Habra in the event that such median income figures are no longer published periodically in the California Code of Regulations.
"Automobile service station"means a retail place of business serving vehicles. It is primarily engaged in the sale of motor fuels and lubricants, but it also provides incidental services directly related to the operation and maintenance of the vehicle. These incidental services include battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping) and the cleaning and flushing of radiators (excluding steam cleaning and radiator repair). If performed entirely within an enclosed building, such services as lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses, wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes are permitted. No machine work, body work or paint spraying is permitted. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service. Brake drum turning and the necessary machine work required to facilitate automotive brake repair and reconditioning is permitted if done within an enclosed building.
"Automobile service/repair"means a retail place of business serving vehicles. It provides services directly related to the operation and maintenance of the vehicle. All services must be performed entirely within a closed building and includes such services as follows: battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping), cleaning and flushing of radiators, lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses and wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes. No machine work, body work or paint spraying is permitted outside of an enclosed building. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service.
"Automobile"means and includes passenger automobiles of every description, trucks, racing cars, off-road vehicles, dune buggies, horseless carriages, motorized golf carts, motor homes, motorbikes and recreational vehicles.
"Automotive parking areas"means parking areas for use of motor vehicles for the owner(s), employees and customers of the allowed land use. "Automotive parking areas" as used in this title are not for the display of vehicles for sale or for the storage of vehicles.
"Automotive reconditioning"means a business primarily serving automobile dealers that is engaged in detail work, such as cleaning, waxing and polishing, upholstering, touchup painting and minor body repairing to improve the condition of an automobile for sale.
"Awning"means an architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a cover is attached.
"Balloon"means a flexible bag that can be inflated with a gas, such as helium, hydrogen, nitrous oxide, oxygen, and air.
"Billiard/pool halls"means any premises in which there are two or more pool or billiard tables used for the purpose of playing pool or billiards or other game, for which a compensation of any kind is paid to the owner, proprietor, manager, lessee or possessor thereof. A premises in which there are no more than two coin-operated pool or billiard tables, which is used in conjunction with some other business, shall not be a pool or billiard hall for the purpose of this title.
"Boarding house" and "rooming house"mean a residence, dwelling or portion thereof, other than a hotel, which is used to accommodate with or without individual or group cooking facilities, for compensation, three or more individuals under separate rental, lease, or sublease agreements, either written or oral, whether or not the owner resides therein. The word "compensation" includes compensation in money, services or other things of value. This term shall not include group homes as defined by this chapter.
"Bracket"means a projection from a vertical surface providing structural or visual support under cornices, balconies, windows, or any other overhanging member.
"Building face"means any front, rear, or side vertical surface of a building elevation in which the business is located. The area of the face of a building shall be the total area of such surface, including the area of doors and windows which open into such surface.
"Building height"means the vertical distance from the average finished ground level of the site to the highest point of the structure.
"Building site"means the ground area of a building or group of buildings together with all open spaces as required by this title.
"Building"means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.
"Canopy"means a structural, ornamental, roof-like appendage, either freestanding or attached to a building.
"Carport"means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.
"Certificate of occupancy"means the permit issued by the city building and safety division authorizing the occupancy of a commercial or residential unit or development.
"Change of occupancy"means a discontinuance of an existing use and substitution therefore of a use of a different kind or class.
"City"means the city of La Habra.
"Cladding"means an application of one material over another to add an extra skin or layer to the building. Commonly used exterior wall cladding materials include brick, vinyl, wood, stone, fiber cements, metal, concrete, and stucco.
"Club"means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.
"Code"means the La Habra Municipal Code.
"Commercial coach"means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.
"Commercial recreation"means any use or development either public or private providing amusement, pleasure or sport, which is operated or carried on primarily for financial gain.
"Commercial repair"means and includes any repair, construction or assembly process conducted or performed for consideration, either monetary or in kind. Examples of this include, but are not limited to, lawn mower repair, engine and transmission rebuilding, boat repair, and trailer repair.
"Common interest development"means a condominium project as defined by Section
1351(f) of the California Civil Code, or a planned development as defined by Section
1351(k) of the California Civil Code, as the same may be amended from time to time.
"Community amenities"means any combination of indoor or outdoor spaces created to provide for both active and passive recreational/social activity space for the residents and their guests. Types of amenities include, but are not limited to, pools, spas, tot lots, outdoor exercise equipment, sports courts, barbeques, gazeboes, outdoor seating areas, workout rooms, clubhouse, meeting room, and business centers.
"Contiguous property"means any parcel of land that is:
1. Touching another parcel at any point;
2. Separated from another parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or
3. Separated from another parcel only by other real property of the applicant which is not subject to the requirements of this title at the time of the planning permit application by the applicant.
"Corbel"means a structural piece of stone, wood or metal jutting from a wall to carry a super-incumbent weight, a type of bracket.
"Corner lot"means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.
"Cornice return"means a way to transition the eave and the main fascia board around the gable end of a house.
"Cornice"means a horizontal molding projecting along the top of a wall or building.
"Density"means the development capacity of residential dwelling units per acre of land excluding street rights-of-way. The maximum permitted number of units shall be based on the implementing zone or the general plan land use designation of a site with the MX overlay.
"Department"means the community and economic development department of the city.
"Development site"means a parcel or group of contiguous parcels that are proposed for development as one project.
"Development standard"means and includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential, mixed use, and commercial development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
"Director"means director of community and economic development.
"Dormer"means a projecting vertical window from a roof slope and has a roof of its own.
"Drive-in restaurant" or "drive-in"means any premises or place of business where beverages, food or refreshments are served to patrons for consumption on the premises at tables or stands, in open or unenclosed areas, or for sale to or consumption by persons in any vehicle stopped, standing or parked in or upon the premises of such drive-in restaurant or drive-in, or in or upon any street, alley, lane, parking area or real property immediately adjacent to or adjoining any street or public right-of-way abutting such premises. If at least fifty percent of the premises is designed for, constructed for or used for the purposes enumerated herein, then such place of business shall be deemed to be a drive-in restaurant or a drive-in.
"Dwelling unit"means a single and independent habitable unit with living facilities which are used or intended to be used for living, sleeping, cooking and eating.
"Dwelling"means a building or portion thereof designed for or occupied for residential purposes, including single-unit, two-unit and multi-unit dwellings, but not including hotels, boardinghouses, lodging houses and trailers.
"Educational institution"means an institution of learning giving general academic instruction equivalent to the standards prescribed by the State Board of Education, including day care, preschool, private tutoring or learning facility.
"Eligible person"means an individual with a disability, a representative of such individual, or a developer of housing for individuals with disabilities.
"Emergency shelter"has the meaning set forth in subdivision (e) of Section
50801 of the California Health and Safety Code, and 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.
"Employee housing"has the meaning set forth subdivision (b) of Section
17008 of the California Health and Safety Code.
"Erect"means to build, construct, attach, hang, place, suspend, or affix.
"Factory-built housing"has the same meaning as in California Health and Safety Code Section
19971 as the same may be amended from to time. As of the effective date of the ordinance establishing this definition, the term means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to California Health and Safety Code Section
19990. Factory-built housing does not include a mobilehome, as defined in California Health and Safety Code Section
18008, a recreational vehicle, as defined in California Health and Safety Code Section
18010.5, or a commercial modular, as defined in California Health and Safety Code Section
18012.5.
"Fair housing laws"means the Fair Housing Amendments Act of 1988 (42 U.S.C. Section
3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section
3604(f)(B)(3), and the California Fair Employment and Housing Act (California Government Code Section
12900 et seq.), as any of these statutory provisions may be amended from time to time.
"Family daycare home"means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home that is licensed in accordance with the requirements of the
California Health and Safety Code. A family daycare home includes a detached single-unit dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-unit dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. As used herein, a "small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section
1597.44 of the California Health and Safety Code and as defined in implementing regulations. As used herein, a "large family daycare home" means a facility that provides care, protection, and supervision for seven to fourteen children, inclusive, including children under ten years of age who reside at the home, as set forth in Section
1597.465 of the California Health and Safety Code and as defined in implementing regulations.
"Flag"means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution.
"Floor area ratio"means the ratio between gross floor area of all buildings on a lot and the total area of the lot. For the purposes of this definition, "gross floor area" means the amount of leasable floor area of the structure. Exception: mezzanines, as described by the Uniform Building Code, shall not be considered as floor area.
"Food-to-go restaurant"means any premises or retail place of business where beverages, food or refreshments are prepared, processed or treated for retail sale on the premises, with limited on-site consumption. A maximum of five tables and ten seats may be provided for waiting food orders and/or food consumption.
"Freeway"means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the
California Streets and Highways Code.
"Front lot line"means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.
"Front yard"means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
"Frontage, building"means the portion of a building on, adjacent to, or oriented to a public right-of-way.
"Frontage, business"means the property lines or lease lines at the front of the building in which a business is located and on which the primary entrance, accessible to the general public, is located.
"Frontage, display"means the lineal footage of display frontage for those businesses where the principal display of merchandise is located outside of a main building.
"Frontage, lot"means the length of a lot along a public or private street or right-of-way, but not including such length along an alley, watercourse, or railroad.
"Gable roof"means a roof with two sloping planes supported at their ends by a trainable upward extension of two walls, so as to form a gable at each end.
"Garage sale"means the occasional public sale of secondhand household and other goods incidental to household uses by a person or persons from a residential property, also to include yard, estate, and other home-based sale.
"Garage"means an enclosed building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.
"Grade"means the lowest point of elevation of the graded 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.
"Grand opening"means a promotional activity used by newly established businesses, to inform the public of their location and contribution to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business.
"Gross floor area" or "GFA"means the floor area within the perimeter of the exterior walls of the building. It is the sum of the gross areas of all floors including levels below grade.
"Gross leasable area" or "GLA"means the area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, corridors, stairways, closets, the thickness of interior walls, columns or other features.
"Group homes"means housing shared by unrelated persons with disabilities that provide peer and other support for their residents' disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities. This can include:
1. "Alcohol or other drug (AOD) facilities" means residential facilities that must obtain licenses from the California Department of Health Care Services (DHCS) because they provide alcoholism or drug addiction recovery and treatment services.
2. "Licensed group homes" means group homes that provide services that require licenses under state law.
3. "Recovery residences" or "sober living homes" means group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require licenses from DHCS because they do not provide alcoholism or drug addiction recovery and treatment services.
4. "Residential care facilities" means a facility licensed by the State of California to provide living accommodations or unlicensed, twenty-four-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 classification includes those both for and not-for-profit institutions but excludes supportive housing and transitional housing.
a. Small. A facility that provides care for six or fewer persons.
b. Large. A facility that provides care for more than six persons.
5. "Unlicensed group homes" means group homes that may provide some supportive services for their residents but not services that require licenses under state law.
"Half story"means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
"Hipped roof"means a roof which slopes upward from all four sides of a building, requiring a hip rafter at each corner.
"Home occupation"means an accessory use of a dwelling unit conducted by the occupant of the dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.
"Hospital"means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons, and including sanitariums.
"Hotel"means any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, for time periods limited to thirty consecutive days or less, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, lodging house, rooming house, apartment house, dormitory, public or private club, but not used as the legal residence or principal dwelling place of the occupant(s), except for one or more caretaker/manager residential unit(s) which conform to the requirements for multi-unit residential units in this title. "Hotel" does not mean any convalescent home or facility, home for the aged, hospital, jail, or military installation.
"Housekeeping unit"means any group of individuals living together in one dwelling unit where the residents may share household responsibilities and activities such as living expenses, chores, and eating meals together.
"Housing administrator"means the city staff person that reviews the affordable housing agreement and its affordable housing plan, inclusionary housing plan, and affordable housing covenants for any residential or mixed-use development that is required to provide inclusionary or affordable housing units.
"Inclusionary housing developer"means the developer that is selected by the city to construct the inclusionary housing units that may be required for a particular residential development in accordance with the provisions of this title.
"Inclusionary housing in-lieu fee fund"means the fund where all acquired in-lieu fees shall be deposited. Deposited fees are used by the city to enter into joint venture agreements with developers to construct the required inclusionary housing units. Collected fees could also be used for city staff that conduct periodic inspections to ensure that the constructed inclusionary housing units comply with the affordable housing agreement, affordable housing plan, inclusionary housing plan, affordable housing covenants, and all other city and zoning requirements.
"Inclusionary housing plan"means the plan that is part of the affordable housing agreement, which describes the design, features, and affordability of the inclusionary housing units as required by this title.
"Inclusionary housing unit"means a dwelling unit required by this title to be affordable to very low-, low-, or moderate-income households.
"Individual with a disability"means an individual who has a physical or mental impairment that limits one or more of that individual's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an impairment resulting from individual's current, illegal use of a controlled substance or other drug.
"Integrated development"means a development consisting of two or more interrelated business establishments designed around common driveways and common on-site parking facilities.
"Juliet balcony"means a balcony with a small platform with a French door or full-length window with railing on the outer-lower half of the wall plane that gives the appearance of a balcony when the window is fully open.
"Key lot"means the first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.
"ksf"means one thousand square feet.
"Land development project"means any residential tract or subdivision, or industrial or commercial development within the city. Subject development may include parcel improvements only, and the developer need not construct buildings thereupon.
"Live/work unit"means a unit that combines a work space and incidental residential occupancy and used by a single household. The residential and commercial portions of the live/work units shall be developed in compliance with the California Building Code. The working space is reserved for and regularly used by an occupant of the unit. Living space includes, but is not limited to, a sleeping area, a food preparation area with reasonable work space, and a full bathroom including bathing and sanitary facilities which satisfy the provisions of applicable codes.
"Lot area"means the total horizontal area within the lot lines of a lot.
"Lot"means a parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the recorder of the county under procedures established by the city and state, or, a parcel of real property abutting upon at least one public street and held under separate ownership prior to the effective date of this title.
"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. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. 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.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Manufactured home"has the definition given in California Health and Safety Code Section
18007 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section
5401 et seq.).
"Marijuana related use and activity"means and includes dispensing, cultivation, manufacture, processing, storing, testing, labeling, relabeling, packaging, repackaging, transporting, delivery, distribution, provision, or sale, or any combination thereof, of marijuana, except as set forth in California Business and Professions Code Section
19319, related to qualifying patients. "Marijuana-related use and activity" also has the same meaning as "commercial cannabis activity" set forth in California Business and Professions Code Section
19300.5(j).
"Market rate unit"means a new dwelling unit in a residential development that is not an inclusionary housing unit and can be purchased or rented at market rates. These units are not considered to be affordable units.
"Mixed-use projects"means projects that combine residential and commercial uses. Mixed-use projects may be arranged vertically (ground level commercial uses with residential units above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential units as part of a unified development project).
"Mobilehome"means a structure as defined by Section
18008 of the California Health and Safety Code as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-unit dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobilehome" includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. "Mobilehome" does not include a commercial modular, as defined in Section
18001.8 of the California Health and Safety Code, factory-built housing, as defined in Section
19971 of the California Health and Safety Code, a manufactured home, as defined in Section
18007 of the California Health and Safety Code, a multi-unit manufactured home, as defined in Section
18008.7 of the California Health and Safety Code, or a recreational vehicle, as defined in Section
18010 of the California Health and Safety Code.
"Moderate income household"has the definition given in California Health and Safety Code Section
50093(b), except that for the purposes of moderate income rental inclusionary units that are located upon the same site as the market rate residential development rental units, "moderate income household" means a household earning no more than eighty percent of area median income.
"Molding"means a projecting material that provides ornamental variations of outlines or contours to wall planes, windows, doors, or headers.
"Multiple-occupancy building"means a building wherein two or more separately independently owned or operated suites, units or occupancies are contained.
"Muntin"means a secondary framing member to hold panes in a window, window wall, or glazed door; an intermediate vertical member that divides panels of a door.
"Mural"means an artistic picture or scene applied or painted onto a building wall or other structure, but containing no advertising message and not associated with graffiti or related acts of vandalism.
"Nonconforming building"means a building or structure or portion thereof conflicting with the provisions of this title applicable to the zone in which it is situated.
"Nonconforming use"means the use of a structure or premises conflicting with the provisions of this title.
"Occupied"means and includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.
"Off-premises"means on an alcoholic beverage license means the license privilege is for alcoholic beverages to be sold in original, unopened packages for consumption off the premises where sold.
"On-premises"means on an alcoholic beverage license means the license privilege is for alcoholic beverages sold on the premises to be consumed on the premises where sold.
"Pennant"means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
"Person"means any individual, firm, co-partnership, joint adventure, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.
"Physical needs assessment"means a report by a qualified housing professional identifying those items that are necessary repairs, replacements and/or maintenance at the time of the assessment or that will likely require repair or replacement within three years of the assessment. Estimated cost of repairs should be included in the assessment. All required repairs must be completed prior to occupancy of the repaired inclusionary housing unit.
"Plate height"means the interior vertical distance from the ground surface of a floor to the floor ceiling.
"Private garage"means an enclosed building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.
"Public garage"means an enclosed building or portion of a building, open to the public in which motor vehicles are stored or kept, either for a fee or as a courtesy.
"Qualified nonprofit housing corporation"means a nonprofit housing corporation organized pursuant to Section
501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section
214.15 of the California Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
"Rafter tails"means the portion of the rafter that hangs over the wall.
"Rafter"means a structural component that is used as part of a roof construction.
"Rear yard"means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest part of the rear lot line.
"Recreational vehicle"means a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed, flown or driven, and is designed, used, or maintained primarily for recreational purposes, such as, but not limited to, travel trailers, tent trailers, camping trailers, motor homes, buses converted to recreational or other noncommercial uses, vans, trucks with camper shells, campers, motorcycles, off-road vehicles, aircraft, boats or other vessels.
"Recycling center"means a facility that accepts recyclable materials from the public as either a donation, redemption or for sale. A recycling center may consist of mobile recycling containers, kiosk type units, bulk vending machines, automated and unattended recycling machines (also known as reverse vending machines), or unattended containers placed for the donation of recyclable materials.
"Residential care facility for the elderly"has the meaning provided in California Health and Safety Code Section
1569.2 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a housing arrangement chosen voluntarily by persons sixty years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under sixty years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in California Health and Safety Code Section
1569.316.
"Reversed corner lot"means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
"Roof line"means the top edge of a roof, mansard, or parapet wall of any building or other structure, which forms the top line of the building silhouette, exclusive of any sign tower, determined as a horizontal line projected from the top of the ridge, or in the case of flat or single-slope roofs, from the highest point of the rafter, roof beam or roof joist.
"Seat"as used in this title means eighteen lineal inches of seating space when arranged in bleachers, benches or pews. For uses with no permanent seats, a seat is equal to seven square feet of floor area.
"Senior housing"means age-restricted multi-unit housing with covenants in place to assure that the units will remain age-restricted for the life of the property.
"Setback line"means a space or area between any public right-of-way and an imaginary line on all properties within which no buildings or structures shall be erected, placed or located.
"Setback"means the minimum required distance from a structure to a property line on the subject lot. When required for landscaping purposes, setback means the distance from a street front property line to the depth of required landscape area.
"Shared parking"means the use of parking space by vehicles generated by two or more individual land uses without conflict. The ability to share parking is based on two conditions: (1) variation in times of use; and (2) relationship among the land uses that result in visiting multiple land uses on the same auto trip.
"Shingle"means a small, thin piece of building material often with one end thicker than the other for laying in overlapping rows as a covering for the roof or sides of a building.
"Short-term residential rental"means the rental of a residential dwelling unit by the owner thereof to another party for a continuous period of thirty days or less, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment; and also means "hotel" as that term is defined in this section.
"Shutter"means a pair of hinged panels, often louvered, fixed inside or outside a window that can be closed for security or privacy or to keep out light.
"Side lot line"means any lot lines other than front lot lines or rear lot lines.
"Side yard"means a yard between the main building and the side lot line extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear yard 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.
"Siding"means an exterior wall covering of horizontal boards nailed to a wood frame.
"Sign area"means the entire area within a rectangle or series of rectangles enclosing the extreme limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed, and superficial, nonilluminated column covers, ornamental trim, and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reasonable amount of nonencompassed open area. Where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face, if the two are of unequal area. In the case of spherical or cylindrical signs, the area shall be one-half of the surface area of the signs. In the case of semi-cylindrical signs, the surface area shall be the total surface area.
"Sign copy"means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
"Sign height"means the vertical distance measured from the top of curb elevation adjacent to the sign to the highest point of the sign or sign structure(s).
"Sign structure"means the supports, uprights, bracing, and framework of a sign. The area of such structure shall not be included in computing the aggregate surface of the area of the sign which it supports.
"Sign"means any means any device, fixture, surface, or structure of any kind or character, made of any material whatsoever, displaying letters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows, or lights, or any other illustrative or graphic display designated, constructed, or placed on the ground, on a building canopy, wall, post, or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying, or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site, in any structure on the site, or in any other location.
"Sign, animated"means any sign which is designed and constructed to give a message or image through a sequence of progressive changes of parts by either action and motion, flashing or color changes requiring electric, wind, or manual energy.
"Sign, attached"means any sign which is supported wholly by a building wall or structure, other than by a sign structure.
"Sign, awning"means a sign painted or printed onto the canvas or valance of an awning.
"Sign, banner"means any sign of fabric, plastic or similar material, whether or not enclosed in a rigid frame, that is attached by one or more edges or corners to a building, structure or pole.
"Sign, bench"means any sign which is located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
"Sign, billboard"means any sign not advertising the business, industry or pursuit conducted on the premises on which the sign is erected or maintained. This definition does not include a noncommercial sign or city-posted public information sign or temporary real estate signs.
"Sign, bulletin board"means a board for displaying notices, posters, cards, sheets, or other printed, illustrated, or written matter.
"Sign, campaign"means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, or initiative.
"Sign, can or cabinet"means a metal framed sign with a plastic or similar material face and lettering and utilizing internal illumination.
"Sign, canopy"means any sign placed on or supported entirely by a rigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure.
"Sign, changeable copy"means a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. This sign type does not include digital display signs or billboards.
"Sign, commercial"means any sign that does not meet the definition of a noncommercial sign.
"Sign, construction"means any sign stating the name and address of those individuals or firms directly connected with a construction project and the name of the owner or developer.
"Sign, convenience"means a sign not larger than two square feet which conveys information such as "restrooms," "no parking," "entrance," and the like but does not contain land, trade, advertising or business identification and is designed to be viewed on site by customers and pedestrians.
"Sign, digital display"means display methods utilizing light emitting diode (LED), liquid crystal display (LCD), plasma, projected images, or any functionally equivalent technology, and which is capable of automated remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them. Also known as dynamic signs and commercial electronic variable message signs (CEVMS).
"Sign, directory"means a sign on which the names and locations of occupants or the use of a building(s) is given.
"Sign, electric"means any sign containing electrical wiring for the purpose of illumination, but not including signs illuminated by an exterior light source.
"Sign, electronic message"means a sign whose primary advertising focus is the intermittent display, stream, or movement of electronic, computerized, digital or similarly produced letters, numerals, words, or messages as part of the advertising message. Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. An electronic message sign is different from an illuminated or electric sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message.
"Sign, feather"means a type of freestanding temporary portable sign of flexible material that is plain or includes copy and/or graphics and is supported by a horizontal or vertical pole, including but not limited to feather, flutter, bow, and tear drop flag signs.
"Sign, flashing"means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity, or which create the illusion of motion in any manner. This type of sign is also referred to as a "running" or "blinking" sign.
"Sign, freestanding"means any sign that is wholly self-supported by one or more uprights or columns anchored in the ground and not attached to any building. Freestanding signs include, monument, pylon and pole signs.
"Sign, future development"means any temporary sign that advertises a new business or development project prior to or during the construction phase of that project.
"Sign, human advertisement"means any person who is located anywhere within the city, and whose intent is to advertise, and whose actions do advertise, a business or service, by way of his or her actions, including, but not limited to, by holding a temporary sign, wearing a costume, or wearing body paint.
"Sign, illegal"means any sign which was erected in noncompliance with any provision of this code pertaining to signs which were in effect at the time such sign was erected.
"Sign, illuminated"means any sign which has characters, figures, letters, designs or outlines illuminated internally or externally by electric lights or luminous tubes as a part of the sign proper.
"Sign, indirectly illuminated"means a sign for which illumination is reflected from its source by the sign display surface to the viewer's eyes, the source of light not being visible from the street or from abutting property, or any sign for which the light travels through a shield or material other than the bulb or tubing necessary to enclose the light source, which shield or material has the effect of dispersing the light before it strikes the eye of the viewer.
"Sign, inflatable advertising device"means any device constructed of vinyl, fabric, rubber or plastic or other air-tight material, which relies for its shape and support on inflation by a compressed gas or by an air blower or fan conducting air into it, and which uses any color, form, graphic, symbol or writing to identify or communicate a commercial or noncommercial message, announce the purpose of or identify the purpose of a person or entity, or to communicate information of any kind to the public.
"Sign, inflatable character"means an inflatable, balloon-like character, character representation, logo, or other design, generally tethered to the ground or to the roof of a structure.
"Sign, logo"means a visual symbol identifying the business or service provided, which may be all or part of a sign.
"Sign, marquee"means a sign constructed within, or a wall sign attached to, the face of a permanent, roofed structure attached to and supported by the building and projecting over public property or over a walkway located on private property, but used by the public.
"Sign, memorial"means a sign or tablet, containing the name of a building, and/or date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building or wall.
"Sign, menu board"means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.
"Sign, monument"means a low-profile freestanding sign connected to the ground with a solid base and which reflects and complements the architectural theme of the buildings on the same property, and on which copy is limited to identification of the center and/or businesses located on the premises.
"Sign, multi-tenant"means a sign used to advertise businesses that occupy a commercial or industrial center or complex of two or more tenants.
"Sign, nameplate"means a sign serving to designate only the name, or the name and professional occupation, of a person or persons residing in or occupying space in a building located on the premises upon which the sign is located.
"Sign, non-appurtenant"means a sign which advertises a business, products, services or other uses which are not associated with the premises where the sign is located.
"Sign, nonconforming"means any lawfully erected sign, which does not fully comply with all provisions of this code. This definition does not include any sign that has been illegally erected, or maintained in violation of any safety or health provision of this code, or that otherwise constitutes a danger to health or safety.
"Sign, off-site or off-premises"means a sign which advertises or directs attention to products or activities that are not provided on the site upon which the sign is located.
"Sign, on-site or on-premises"means a sign which advertises or directs attention to products or activities that are provided on the site upon which the sign is located.
"Sign, one-time event (residential)"means a sign displayed at a residential property during the occurrence of a one-time event held at the property such as, a yard, garage or estate sale, birthday party, or wedding reception.
"Sign, painted"means any sign or representation painted directly on the exterior surface of any building or structure, except on the vertical face or valance of an awning or canopy.
"Sign, portable"means any moveable outdoor sign that is not permanently secured or attached to the ground or to an approved sign structure or building.
"Sign, projecting"means any sign which is affixed or attached to, and is supported solely by, a building wall or structure, and extends beyond the building structure or any part thereof more than eighteen inches. No projecting sign shall have a clearance less than eight feet above finished grade or the walkway below.
"Sign, pump-top video display terminal"means any video screen or electronic display, monitor or terminal that is located on, or affixed to, a fuel-dispensing pump that broadcasts, displays, emits, exhibits or shows audio and/or visual content or material.
"Sign, real estate"means a sign that indicates a property that is for sale, lease, or rent and/or to advertise the opportunity to view the property (an "open house").
"Sign, revolving"means a sign which completely or partially rotates, either on an intermittent or continuous basis.
"Sign, roof"means any sign erected, constructed and maintained wholly upon or over the roof of any building and which is principally supported from or upon the roof structure.
"Sign, seasonal commercial sales lot"means a temporary sign that is erected in conjunction with a special event permit for a seasonal commercial sales lot for seasonal items such as pumpkins or Christmas trees.
"Sign, subdivision"means a temporary sign that indicates the name of the subdivision, the names of the architects, engineers, landscape architects, contractors, or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the project.
"Sign, temporary"means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time.
"Sign, vehicle"means a sign which is attached to, or painted on, a vehicle or trailer and placed on any property so as to attract attention to a product, activity or business by such means as advertisement of sales prices, provision of direction to the business or activity, or similar promotional copy.
"Sign, wall"means any sign attached to or erected against the wall of a building or structure with the exposed surface of the sign in a plane parallel with the plane of the wall and extending not more than eighteen inches from the face of the building, having the advertisement either of solid face construction or individual letters. Wall signs shall extend no higher than the roofline or the top of the front parapet, whichever is higher.
"Sign, window"means a sign painted, attached, glued, or otherwise affixed to either the exterior or interior side of a window or door, having copy visible from a public street, right- of-way, or parking lot.
"Single-room occupancy housing" or "SRO"means a cluster of guest units within a residential hotel providing sleeping and living facilities restricted by an agreement approved by the city for occupancy by low and very low-income individuals, designed for occupancy for periods of one month or longer.
"Single-unit dwelling"means a stand-alone dwelling unit designed and/or used for a single household occupancy.
"Storage garage"means an enclosed building or a portion of a building in which motor vehicles are stored.
"Story"means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
"Street"means a public thoroughfare other than an alley which affords the principal means of access to abutting property.
"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 feet in height.
"Student housing"means housing for university or college students as an alternative to on-campus housing. This includes dormitories, fraternity houses, and sorority houses.
"Supportive housing"means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as specified in California Government Code Section
65582.
"Target population"means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section
4500 of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary commercial enterprise"means any activity involving commercial use of property located within the city which continues for a period of forty-five days or less.
"Through lot"means a lot having frontage on two parallel or approximately parallel streets.
"Traffic index" or "TI" "is a single number used to express the total weight expected to be borne through tires onto the roadway surface during the design lifetime of the pavement.
"Trailer park or camp"means any area or premises where two or more house trailers are located and used as living or sleeping quarters.
"Transitional housing"means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance as specified in California Government Code Section
65582.
"Use"means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.
"Vending machine"means any device that dispenses product(s) for monetary reimbursement.
"Yard"means an open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. Covered patios, gazebos, cabanas, and shade structures, provided they are not enclosed and comply with the required setbacks may occupy up to twenty-five percent of the required usable yard area.
(Ord. 1853, 12/18/2023; Ord. CC 2025-05, 8/4/2025)