Plan of Zoning.

This title is intended to implement the principal objectives of the Land Use Element and related elements of the La Mesa General Plan.

The following zones are hereby adopted.

Overlay zones modify the provisions of the underlying zones for specific purposes but do not modify the relative intensity of one zone to that of another. Where applied the overlay zone symbol shall appear as a suffix to the symbol of the principal zone. The following overlay zones are adopted.

(Ord. 2399, § 1; October 15, 1985: Ord. 2497 § 1; May 10, 1988)

The map entitled "LA MESA, CALIFORNIA ZONING MAP," is hereby adopted and made a part hereof. All property not dedicated for a public purpose within the city limits and within the spheres of influence of the city are, by this map, divided into zones for the purpose of implementing the Land Use Element of the General Plan. The zoning designations within the spheres of influence are for the purposes of prezoning, and become effective only when property is annexed to the city.

(Zoning Map Amended by Ord. 2479 § 1; October 27, 1987: Ord. 2486; February 9, 1988: Ord. 2487; March 8, 1988: Ord. 2488; March 8, 1988: Ord. 2495; April 26, 1988: Ord. 2498; June 28, 1988: Ord. 2499; June 28, 1988: Ord. 2503; July 12, 1988: Ord. 2516 § 1; January 24, 1989: Ord. 2520; March 28, 1989: Ord. 2521; March 28, 1989: Ord. 2525; May 9, 1989: Ord. 2532; July 11, 1989: Ord. 2548; November 28, 1989: Ord. 2551; December 12, 1989: Ord. 2556 § 1; March 27, 1990: Ord. 2572 § 1; April 9, 1991; Ord. 2593 § 1; November 26, 1991: Ord. 2652 § 1; September 13, 1994: Ord. 2670 § 1; July 9, 1996: Ord. 2672 § 1; August 13, 1996: Ord. 2673 § 1; August 13, 1996: Ord. 98-2688 § 1; July 28, 1998: Ord. 99-2693 § 1; January 26, 1999: Ord. 99-2695 § 1; May 11, 1999: Ord. 2004-2751 § 1; November 23, 2004: Ord. 2007-2782 § 1; September 11, 2007: Ord. 2007-2783 § 1; October 9, 2007; Ord. 2009-2798, § 1; May 26, 2009; Ord. 2013-2828, § 1; June 25, 2013)

This title regulates the use, height, size, and location of all buildings and structures owned or operated by any person or by any "local agency" of the state of California, as said term is defined in Section 53090 under Article 5 of Title 5 of the California Government Code.

Land shall be used, and structures erected, razed, moved, reconstructed, extended, enlarged, structurally altered or changed in use only in conformity with this title. Only those uses and structures as provided in the various zone regulations herein shall be permitted, all others shall be prohibited. Uses and structures for local agencies shall be permitted only in accordance with an approved site development plan.

Wherever requirements are established by any other applicable title or regulation of the city of La Mesa which are more restrictive than are established by this title, then such other title or regulation shall govern. Where this title establishes more restrictive requirements it shall prevail.

The violation of any provisions of this title may result in one or more of the following remedies or penalties in lieu of any other penalty.

(a)

Building permit violations involving requirements of this title including failure to follow the plan submitted or install all the improvements delineated upon or required in any approved plan will be due cause to stop construction, withhold occupancy, or void the building permit. Where a building permit is voided, the fees paid shall be forfeited.

(b)

Failure to maintain facilities including the maintenance of landscaped areas, yards, parking areas, and similar facilities may be due cause for the city council to order the work to be done by others and the cost of the work assessed as a lien against the property. Before taking such action, the city council shall hold a hearing, notice of which shall be given to the property owner at least ten days prior and all requirements of law pertaining to the attaching of liens shall be followed.

(c)

Building and grading permits may be withheld and the use of property may be restricted by the community development director, the planning commission or city council to obtain correction of violations or unlawful conditions.

(d)

The city may institute civil action to abate any violation in a court of law. Such civil actions may be taken separately or jointly with any other action regarding the abatement.

(e)

All staff members of the planning department and building department, when so directed by the city manager, shall pursuant to California Penal Code Section 836.5, be authorized to arrest and issue citations to persons alleged to violate this title to appear in court.

(f)

Each person shall be guilty of a separate offense for each and every day or portion thereof during which a violation of this title is committed, continued or permitted to be continued by such person, and shall be punished accordingly. Any use or occupation of any building, structure, or property maintained in violation of the provisions of this title shall constitute a public nuisance.

(Ord. 2600 § 1; April 28, 1992)

Each of the individuals referred to in paragraph "e" of Section 24.01.080 shall have the power to make arrests for violations of those provisions of this title which that individual has the duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the California Penal Code.

The following definitions are for the purpose of this title.

"Accessory" means clearly incidental, customarily appropriate, and subordinate to the established permitted principal use and building on the same lot.

"Accessory dwelling unit" means a detached or attached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcel as the primary unit is situated. An accessory dwelling unit can be an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

(Ord. 2019-2865, § 2A, March 12, 2019; Ord. 2020-2879, § 2A, April 14, 2020)

"Adult" means a person eighteen years or older.

(Ord. 2557 § 1; March 27, 1990)

Adult Business. The definitions for adult businesses are set forth in Section 7.10.020 of the municipal code. All terms defined in Section 7.10.020 shall have the same meaning in this chapter unless otherwise specified.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Entertainment Use. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Bookstore. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Motion Picture Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Mini-Motion Picture Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Recreation Arcade. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Drive-in Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Motel/Adult Hotel. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Live Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Cabaret. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Model Studio. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Sexual Encounter Establishment. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas."

Massage Parlor. Repealed.

(Ord. 2000-2710 § 1; December 12, 2000)

Specified Anatomical Areas. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Specified Sexual Activities. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Alcoholic beverage production use" means any business whose principal activities involves the manufacturing, processing, and/or bottling of alcoholic beverages. The activity may include restaurants, tasting rooms, etc. that are accessory to the principal use.

(Ord. 2012-2826, § 2; November 13, 2012)

"Apartment building" or "Multiple family dwelling" means a building or a portion of a building containing three or more dwelling units.

"Bed and breakfast inn" is an owner occupied single-family residence designated as a local historical landmark where the owner rents out one or more bedrooms for one or more nights at a time to guests who have the use of a bed and full bathroom facilities, and are provided with some form of breakfast each morning.

(Ord. 2583 § 1; June 25, 1991)

"Church" is a land use provided by a legally constituted religious organization, in a building or buildings maintained solely for and limited to public and family worship of deity, together with buildings and uses which are accessory thereto and limited to the teaching of religious dogma, accessory social functions, and one single-family dwelling for the use of the minister or caretaker. Includes synagogues, temples, and other buildings for the purposes stated herein.

"Columbarium cabinet" means a structure of vaults lined with recesses for cinerary urns.

(Ord. 2002-2720 § 1 (part); June 11, 2002)

"Commercial recreation center" is any operation providing indoor and/or outdoor entertainment recreation activities and facilities, such as bowling alleys; miniature golf; game arcades (including pinball and/or video game centers); trampoline center; skating rinks and skateboard parks; and other similar commercial operations.

"Commercial residential use" means any detached single-family residential unit in which four or more adults live and where a lessor or proprietor receives payment in any form of exchange for the use of any portion of the residential unit from any or all of the residents.

(Ord. 2557 § 1; March 27, 1990)

"Community care facility" means any facility, place or building licensed by the state of California, which is maintained and operated to provide nonmedical residential care, day care or home finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons and includes residential care facilities, residential care facilities for the elderly, day care centers, home finding agencies and foster family home.

(Ord. 2352; April 26, 1984: Ord. 97-2684; October 14, 1997)

"Convenience zone" as defined in the California Beverage Container and Litter Reduction Act (AB 2020); a circle with a half-mile radius, centered around grocery stores or supermarkets which have a gross annual sales of two million dollars. A state certified recycle facility must be located somewhere within the convenience zone.

(Ord. 2484 § 1; November 10, 1987)

"Dwelling unit" is one independent living facility in a building or buildings intended for or providing permanent residence. The presence of independent living facilities for purposes of this title may be based on the existence of such facilities as:

-Kitchen facilities (room or space used, intended for, or designated for food preparation, cooking and eating)

-Toilet facilities

-Bathing facilities

-Separate connections to, or separate metering of, any utility

-Separate access from outdoors

-Lack of access from the interior of any other dwelling or structure

Family. Repealed by Ord. 2303; November 25, 1982.

"Family day care home" means a home which regularly provides care, protection, and supervision of twelve 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 includes the following:

(a)

Large family day care home which means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home.

(b)

Small family day care home which means a home which provides family day care to six or fewer children, including children who reside at the home.

(Ord. 2528 § 1; June 13, 1989)

"Front yard" means a space extending the full width of the lot between the front setback line or reduced front setback line and a line extending from the front of the building to the side setback lines.

(Ord. 2002-2723 § 1; September 24, 2002)

"GFA" stands for gross floor area. It means the total floor area of all floors of a building (exclusive of cellars or basements used for storage purposes) measured from the exterior surfaces of the building and including all walls and partitions.

"Game arcade" is any commercial operation providing the use of pinball machines, video games, and other similar machine games. Three or fewer games offered as an accessory use to a different commercial use shall not be considered a game arcade.

"Garage" is a fully enclosed structure with a door at the vehicle entry for the storage of automotive vehicles.

"Gross leasable area (GLA)" shall be defined as that building area which has the potential for being leased commercial space. It shall be calculated by subtracting the following areas from the gross floor area (GFA): exterior walkways, balconies, enclosed parking areas, atriums and lobby areas not used as a place of business, stairwells, elevator shafts, public restrooms, and rooms used exclusively for utilities, mechanical equipment or duct work; or, if a detailed floor plan is not submitted to the planning department, GLA shall be calculated as ninety percent of gross floor area.

(Ord. 2432 § 1; September 23, 1986).

"Hazardous material" means any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to health and safety or to the environment if released into the work place or the environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes and any material which a handler or administering agency has a reasonable basis for believing that it would be injurious to the health and safety of person or harmful to the environment if released into the work place or the environment. The manufacturing of or permanent storage of hazardous materials shall not include:

a.

Hazardous material contained solely in a consumer product direct for distribution to and use by, the general public, unless the city has found and provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan in response to public health, safety, or environmental concerns pursuant to Chapter 10.96 of the La Mesa Municipal Code.

b.

Any business or person handling less than five hundred pounds, fifty-five gallons, or two hundred cubic feet at standard temperature and pressure for compressed gas, in the aggregate at any time in a month, of a product or formulation containing a hazardous material exempt from the definition above, unless the administering agency has found and has provided notice to the business handling the product or formulation that the weight or volume limits specified in this section are to be lowered for a specific hazardous material in response to public health, safety or environmental concerns.

(Ord. 2440 § 1 (part); December 9, 1986).

"Hazardous substance" means any substance or product:

a.

For which a manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Hazardous Substance Information and Training Act, Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code or pursuant to any applicable federal law or regulation.

b.

The substance is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission.

c.

The substances listed pursuant to Title 49 of the Code of Federal Regulations.

d.

The materials listed in subdivision (b) of Section 6382 of the Labor Code.

(Ord. 2440 § 1 (part); December 9, 1986).

"Height" is the vertical distance from the average level of the highest and lowest point of the foundation to the plate line of the uppermost story.

"Home occupation" is a limited business conducted within a dwelling unit by the permanent residents and which business is clearly incidental and secondary to the use of the residence for dwelling purposes and does not change the character thereof.

Examples of home occupations determined to change the character of a dwelling include: repair of vehicles or automotive equipment belonging to nonresidents of the property; manufacturing or assembly of any product; any uses which involve the use of special equipment, cabinetry, fixtures, plumbing, or electrical wiring not ordinarily of customarily used in a dwelling; any use which includes the parking or storage of equipment used primarily in connection with extension of the business off the premises (except when fully contained within a passenger vehicle, including pickups and vans); any use which involves the use of the dwelling or its premises as a meeting place.

Home occupations shall not involve any of the following: deliveries; employees at the residence; signs or advertising on the property; storage of supplies, products, or equipment not normally found in a residence; sales or customer traffic to the property; or, activities that are a significant disruption to the surrounding neighborhood due to light, noise, odors, hours of operation or other intrusive characteristics which create a nuisance.

"Area of a lot" shall be computed solely within the property line and shall not include the narrow portion or handle of a panhandle lot, any private road or any property granted for public right-of-way.

"Junior accessory dwelling unit" shall mean a residential dwelling unit that is no more than five hundred square feet in area, contained entirely within a single-family residence, and with separate sanitation facilities from, or shared sanitation facilities with, the residence.

(Ord. 2019-2866, § 2A, March 12, 2019; Ord. 2020-2880, § 2A, April 14, 2020)

"Living area" means the square footage of a single-family residential unit including, but not limited to, common areas, kitchen areas, bathrooms, and bedrooms with closets. Garages and detached areas shall be excluded from calculations.

(Ord. 2557 § 1; March 27, 1990).

"Lot coverage" is defined as that proportion of the area of a lot which is covered by principal and accessory structures. The area of an enclosed structure for the purposes of calculating coverage shall be taken as all that horizontal area within outside walls. The projection of cornices, eaves, and other similar architectural projections shall not be included in the calculation of coverage. Coverage shall include all principal and accessory buildings including dwellings, garages, carports, greenhouses, lath houses, enclosed patios, and equipment and tool sheds. Coverage shall not include areas paved at grade for driveways, walkways, uncovered parking, uncovered or unenclosed swimming pools, walls or fences, covered but unenclosed patios, or structures used for beautification or landscaping such as arbors, trellises, and flagpoles.

"Depth of a lot" means the distance measured along a horizontal line which bisects the lot from the midpoint of the front lot line. For a panhandle or easement-access lot the measured distance shall not include the "handle" portion of the lot or the road easement to the lot.

"Width of a lot" means the shortest horizontal distance measured between opposite boundaries of the lot, along a line the midpoint of which is thirty feet from the front lot line (right-of-way line or private street), provided the front lot line shall be not less than one-half the required width. The width of a panhandle or easement-access lot shall be measured along a line the midpoint of which is thirty feet from the shortest lot line attached to the handle portion of the lot or the access easement.

"Nonconforming lot" is any lot legally created in compliance with prior zoning and subdivision regulations, but which is no longer in compliance with and is substandard under current regulations. A separately owned substandard lot which was of record on or before August 11, 1945, is also a nonconforming lot. A substandard lot certified by certificate of compliance filed by the city of La Mesa is also a nonconforming lot.

(Ord. 2312; May 12, 1983).

"Nonconforming parking" is off-street parking accessory to a land use which was developed in compliance with prior regulations but which does not comply with the current provisions of this title or with adopted city standards for parking. Off-street parking accessory to a single family residence or duplex existing on April 13, 1979, which does not comply with the requirements of this title as to number, location, design or development of parking spaces shall be deemed to be nonconforming parking and may be continued for that use subject to the provisions of subsection "D," Section 24.04.020 of this title.

"Nonconforming structure" is any principal or accessory structure, including a wall or fence, which was erected or altered in compliance with prior regulations but is not in compliance with current development provisions of this title. A structure built in conformance with the Uniform Building and Fire Codes at the time of its construction, but for which the zoning has changed and all permitted uses have more strict code requirements, shall also be considered a nonconforming structure.

(Ord. 2312; May 12, 1983).

"Nonconforming use" is any principal or accessory use established in compliance with prior regulations and operated continuously since that time, but which is no longer a use allowed by provisions of this title. A use established in compliance with prior regulations which would be allowed by approval of a conditional use permit under provisions of this title, but for which no such permit has been granted by the city of La Mesa, shall also be considered a nonconforming use, until such time as a conditional use permit may be approved. Any performance entertainment use, commercial recreation use, or private club which wishes to operate between 2:00 a.m. and 6:00 a.m. shall also be considered a nonconforming business which shall be required to obtain either a new or amended conditional use permit to operate between these hours.

"Off-street parking standards" means standards for design, location, development and maintenance of parking facilities and related landscaping adopted by the city council resolution.

"One-family dwelling" is a single, detached dwelling unit. For the purposes of this title one-family dwelling includes mobilehomes, certified under the National Mobile Home Construction and Safety Standards Act of 1974 on a foundation system, and homes manufactured offsite, used for permanent residence. One-family dwelling shall also include any state authorized, certified or licensed residential facility (referred to as "residential care facility" in this title) serving six or fewer persons in such detached dwelling, as per Division 2, Chapter 3 of the Health and Safety Code, and Division 5, Part 1 of the Welfare and Institutions Code.

"Ordinary household pet" means those animals which are customarily kept for personal use or enjoyment on a residential property (and which could normally be, although not required to be, contained within a residential structure). Household pets shall include, but not be limited to, domesticated dogs, cats, small mammals, birds, fish, reptiles, and rodents. Not included in this definition are wild animals, domestic poultry or livestock, or those animals whose ownership is prohibited by either the state of California, the United States government, or other portions of the La Mesa Municipal Code.

"Park" shall mean a city park so designated on the General Plan or zoning map of the city of La Mesa.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Parking area" means that area of the building site used for parking of any vehicle together with backup and maneuvering space.

"Permanent disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placement of any hazardous waste into, on, above, or below any land or water which waste is to remain or which has remained at a disposal site within the city for a continuous period of thirty days or which is not intended to be removed from such site.

(Ord. 2440, § 1 (part): December 9, 1986).

"Recreational vehicles" include any vehicles used for purposes other than the primary source of transportation for a household. Examples of recreational vehicles include, but are not limited to, the following:

a.

Boats and boat trailers; including boats, floats, and rafts, plus the normal equipment to transport the same on a highway.

b.

Campers which are structures designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render same suitable for use as a temporary dwelling for camping travel, recreational, and vacation purposes.

c.

Full tent trailers; which are canvas folding structures mounted on wheels and designed for travel and vacation use.

d.

Motorized homes; which are portable dwellings designed and constructed as an integral part of a self-propelled vehicle.

e.

Travel trailers; which are vehicular portable structures built on a chassis and designed to be used as temporary dwellings for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer.

f.

Dune buggies.

(Ord. 2252; March 12, 1981).

"Recyclable facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following when permitted in accordance with this chapter and developed in accordance with the standards established by the city under resolution:

a.

"Collection facility" is a center for the acceptance by donation, redemption, or purchase, or recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in the development standards for recycling collection facilities adopted by resolution by the city, and may include the following:

1.

Reverse Vending Machine(s). A reverse vending machine is an automated mechanical device which accepts at least one 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 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.

2.

Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

(a)

A mobile recycling unit meaning 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;

(b)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet is designed to accept more than one container at a time; and will pay by weight instead of by container;

(c)

Kiosk type units which may include permanent structures;

(d)

Unattended containers placed for the donation of recyclable materials.

3.

Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.

b.

"Processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

1.

A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials sufficiently to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2.

A heavy processing facility is any processing facility other than a light processing facility.

(Ord. 2484 § 1; November 10, 1987).

"Recyclable material" is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or used motor oil.

(Ord. 2484 § 1; November 10, 1987).

"Setback" is the distance which a structure is located from a property line.

"Front setback" is the distance measured from each boundary abutting a public street.

"Rear setback" is measured from the interior lot line opposite the lot line from which the front setback is measured. For a corner building site having two such interior lot lines, the developer shall have the option of designating one as a side lot line from which a side setback can be measured. In the case of a lot with converging side boundaries to a point or to a rear boundary less than thirty feet long, rear setbacks shall be measured for a straight line thirty feet long between the side lot lines, drawn at right angles to the lot depth line. For a trapezoidal-shaped lot where the rear boundary is not parallel with the front lot line, the rear setback may be measured from a straight line drawn parallel to the front lot line through the midpoint of the rear boundary. However, in no instance shall the setback be less than the side setback required by the lot's current zone designation.

"Reduced front setback" is the distance measured from the secondary street boundary of a corner lot located opposite the interior side lot line in the R1, R1A, R1S, R1R, and R1E zones.

"School" shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Shopping center" means one or more business entities having a combined gross floor area of fifty thousand or more square feet.

"Side setback" is measured from every property line which is not a front or rear line.

"Slope" is average natural slope prior to any grading and shall be computed from either the city engineer's topographic maps or a topographic map prepared by a registered civil engineer or a licensed surveyor. Average slope shall be computed by the formula:

"Swimming pool" for the purpose of this title consists of a waterbearing vessel with a four-foot-wide walkway around the entire perimeter, and its auxiliary equipment. At-grade pools and outdoor spas or "hot tubs" are included in this definition.

"Performance entertainment use" means any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance. This definition shall not apply to those businesses where the area in which the performance entertainment use is offered has an occupant load of less than fifty persons as defined by the Uniform Building Code. Examples of performance entertainment include but are not limited to: motion picture theater, live theater, dinner theater, cabaret, discotheque or dance hall.

"Two-unit residential development" means residential development of not more than two residential units on one legal lot in a single-family residential zone as authorized by California Government Code Section 65852.21. A residential development contains two residential units if the development proposes no more than two units or if it proposes to add one new unit to one existing unit.

"Wireless communications facility" means a physical structure supporting antennas that send and/or receive radio frequency signals. Wireless communication facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development.

(Ord. 2355; May 24, 1984: Ord. 2594 § 1; December 17, 1991: Ord. 2598 § 1; March 24, 1992: Ord. 2624 § 2; May 11, 1993: Ord. 2643 § 1; May 24, 1994: Ord. 2644 § 1; May 24, 1994: Ord. 2001-2714 § 1; November 13, 2001; Ord. 2019-2865, § 2A, March 12, 2019; Ord. 2019-2866, § 2A, March 12, 2019; Ord. 2020-2879, § 2A, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 4, February 8, 2022)