“Access” means an opening in a fence, wall or structure, or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use.

A. To assist in providing a definite plan of development for the city, and to guide, control and regulate the future growth of the city in accordance with said plan;

B. To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas within the city and to assure the orderly and beneficial development of such areas;

A. The designations, locations and boundaries of such districts are set forth on the city zoning map.

B. The aforesaid districts and certain combinations are established insofar as the designation, locations and boundaries thereof are set forth and indicated in the sections of this title which describe certain of said districts.

C. Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or as shown on said sectional maps, the planning commission upon written application or upon its own motion, shall determine the location of such boundaries. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Except as hereinafter otherwise provided:

B. No governmental unit whether city, county, district, state or federal shall be exempt from the provisions of this title. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Whenever a time limit is prescribed by this title, the zoning ordinance of the city of Marina, or is imposed as a condition which is applicable to any permit or approval granted or any action taken pursuant to this title, any time during which the city is prevented due to circumstances beyond the control of the city from fulfilling a responsibility which is prerequisite to the applicant’s accomplishment of the requirements to meet said time limit, the time during which said circumstances continue shall not be included as part of the time in which the condition or time limit established by ordinance must be fulfilled. “Circumstances beyond the control of the city” as used in this section is defined to include only actions by parties beyond the control of the city, including but not limited to inability or failure of persons other than the city to take actions which are prerequisite to the city’s fulfillment of its responsibilities, the departure of key city personnel, appeals to the city council or to other responsible authorities, and lawsuits filed against the city to challenge an associated permit, approval granted or any other related city action. Subject time limits shall be suspended for those periods of time during which the city is prevented by circumstances beyond the control of the city from fulfilling what either are or would ultimately become its responsibilities should all other requirements precedent to the city taking action to fulfill these responsibilities be ultimately satisfied. No city responsibility can be created to bring about a time limit suspension relating to a particular project, permit, approval granted or any city action taken pursuant to this title as a result of actions or inactions by the beneficiaries of the project, permit, approval granted or any city action taken pursuant to this title. This section shall apply to any unexpired time limits imposed prior to the effective date of this section as well as to such future time limits.

B. Upon request, the director of planning may be asked to determine whether there has been a delay caused by circumstances beyond the control of the city. The time limit suspension provided for by this section shall not come into effect for any specific time limit case unless such a request is made and the director of planning makes the administrative determination that there has been such a delay. If such a delay is determined, the planning director shall also determine the number of days during which applicable time limits have been suspended pursuant to this section and report the findings to the city manager, planning commission, and city council. Notice of said determinations shall be mailed to all persons having previously requested in writing to be notified of any city activities related to the original action to which the time limit conditions or ordinance provisions apply. Within seven calendar days of the director of planning’s written notice of the determinations, any person may appeal to the city council the director of planning’s determinations upon submission of a letter to the city clerk describing the reasons for the appeal accompanied by a fee equal to the lowest fee applicable to the class of action(s) to which the time limit applies. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular; and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not directory. The word “city” shall mean city of Marina, the words “city council” shall mean city council of Marina, the words “planning commission” shall mean the planning commission of Marina.

B. For the purpose of this title, certain terms used herein are defined as follows in this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Access” means an opening in a fence, wall or structure, or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Lateral beach access” means continuous access along the beach parallel to the mean high tide line. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Vertical beach access” means perpendicular access from the nearest public roadway to the sandy beach frontage and/or mean high tide lines. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Accessory dwelling unit,” as defined in California Government Code Section 65852.2, means an attached or a detached residential 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 as the single-family or multifamily dwelling is or will be situated. An “accessory dwelling unit” also includes the following: (A) an efficiency unit; (B) a manufactured home, as defined in Section 18007 of the Health and Safety Code. (Ord. 2020-06 Exh. A, 2020)

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (Ord. 2020-06 Exh. A, 2020)

“Accessory unit” means an accessory dwelling unit or junior accessory dwelling unit. (Ord. 2020-06 Exh. A, 2020)

“Agriculture” means the art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry; the science and art of the production of plants and animals useful to man. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Airport” means a place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs or take in fuel. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Alley” means a passage or way open to public travel, affording a secondary means of access to abutting lots and not intended for general traffic circulation. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Amusement center or arcade” means any business, use or structure which contains three or more games of chance, skill or science and/or viewing machines which may or may not be coin operated and whether or not the operation of said games or machines is the main business conducted therein. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Apartment” means a room or suite of two or more rooms which is designated for, intended for, or occupied by one family doing its cooking therein. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Apartment building” means any structure containing more than two dwelling units. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Auto court” means a group of two or more buildings, containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers (also includes motels). (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Block” means that property abutting one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, watercourse or body of water. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Building” means any structure built entirely of frame or more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same building site. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling, except for a detached secondary dwelling unit, shall be deemed to be a main building, or part of a main building, on the building site on which the same is situated. (Ord. 2020-07 § 2, 2020; Ord. 2003-09 § 1, 2003; Zoning Ordinance dated 7/94, 1994)

“Building site” means a parcel of land occupied or intended to be occupied by main buildings and accessory buildings and uses, including such open spaces as are provided or are intended to be used in connection therewith or are required by the regulations for the district wherein such parcel is located. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Bungalow courts or grouped dwellings” means a combination or group of two or more detached or semidetached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for nontransient living accommodations. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Business service establishment” means an establishment within a building that provides services to other businesses. Examples of these services include: blueprinting, computer-related services, copying and quick-printing, film processing and retail photofinishing, mailing and mailbox services, and security systems services. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“CEQA” means the California Environmental Quality Act of 1970, setting forth requirements for governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality, and setting forth regulations for environmental impact reports (EIR). (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Campgrounds” means land or premises which is used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Carport” means an accessible and usable covered parking space not less than nine feet by twenty feet for the storage of automobiles. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Cattle feed yard” means any premises on which cattle are held or maintained for the purpose of feeding and fattening for market and where sixty percent or more of the feed for such cattle is imported or purchased. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Club” means all clubs except those the chief activity of which is a service customarily carried on as a business. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Coastal appeal zone” means that geographical area between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or within three hundred feet of the mean high tide lines of the sea where there is no beach, whichever is the greater distance. Furthermore, tidelands; submerged lands; public trust lands within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of seaward face of any coastal bluff, are also included. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Coastal development permit” means a permit issued for development within the Coastal Zone as required by this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Coastal scenic view corridor” means an area in which development is sited and designed to protect public views to the dunes and to and along the shorelines and in scenic coastal areas in order to minimize the alteration of landforms so that new development will be visually compatible with the character of the surrounding areas. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Coastal Zone” means that portion of the city of Marina defined by the California Public Resource Code Sections 30103 and 30160 as being in the Coastal Zone, generally State Highway Route 1, the area west of Highway 1 and portions of the area between Del Monte Boulevard and Highway 1 generally including coastal dunes, vernal ponds and adjacent lands either undeveloped or under cultivation in 1979. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Commercial recreation facility—indoor” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys, amusement and electronic game arcades, ice skating and roller skating rinks, pool and billiard rooms as a primary use.

This use does not include adult entertainment businesses, or night clubs, which are separately defined. Four or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Condominium conversion” means the development or use of land and existing rental structures as a condominium/planned development project, regardless of whether any improvements have been made to such structures. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004; Zoning Ordinance dated 7/94, 1994)

“Condominium/planned development project” means any or all of the following:

A. Two or more proposed condominiums, as defined in Section 783 of the California Civil Code;

B. The entire parcel of real property divided, or to be divided, into condominiums, including all existing or proposed structures therein;

C. A community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

D. A planned development, as defined in Section 11003 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

E. A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, containing two or more rights of exclusive occupancy;

F. A residential subdivision development, containing two or more rights of exclusive occupancy. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004; Zoning Ordinance dated 7/94, 1994)

“Contractor’s yard” means any land and/or buildings used primarily for the storage of equipment, vehicles, materials or components used in the conduct of any building trade or craft. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Courts” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Marijuana cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities. (Ord. 2020-07 § 2, 2020; Ord. 2016-01 § 1, 2016)

“Commercial cannabis activity” is as defined by subpart (k) of California Business and Professions Code Section 19300.5. (Ord. 2020-07 § 2, 2020; Ord. 2016-01 § 2, 2016)

“Day care center, adult or child” means a commercial or nonprofit child or adult day care facility, other than a family day care home, that provides nonmedical care on less than a twenty-four-hour basis for fifteen or more children or seven or more adults. Includes infant centers, preschools, school-age day care facilities, and facilities for adults who require supervision and care because of mental and/or physical condition. These may be operated in conjunction with a school, religious facility, business, or as an independent land use. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Large family child care home” means a single-family dwelling in which the occupant provides care and supervision of twelve to fourteen children as specified by Title 22 CCR Section 102416.5(d-f), as may be amended. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Small family child care home” means a dwelling in which the occupant provides care and supervision for four to eight children as specified by Title 22 CCR Section 102416.5(b-c), as may be amended. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Density” means the ratio of family living units to acreage. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredge materials or waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land including subdivision and any other division of land except where division occurs as a result of purchase by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure; the removal or harvesting of major vegetation other than for agricultural purposes or kelp harvesting; and the civilian reuse of former United States military land. (Ord. 2020-07 § 2, 2020; Ord. 97-12 § 1, 1997; Zoning Ordinance dated 7/94, 1994)

“Disturbed area” means terrain that has been substantially altered by erosion, grading, mining, excavation or other natural or man-made causes to the extent that none or very little of the native vegetation and/or natural landform remains. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Domestic animal” means animals normally maintained in a home as pets. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Drive-in business” means any primary or subsidiary business in which business is transacted while the consumer is seated in or on a motor vehicle. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Drive-in restaurants” means a restaurant where food and beverages are sold and served to customers in motor vehicles and which are regularly and customarily consumed in motor vehicles on the premises. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Duplex” means a detached building, under one roof, designed for or occupied exclusively by two families living independently of each other. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Efficiency dwelling or studio” means a compact unit within a multiple-dwelling building having kitchen and bathroom facilities in compliance with the provisions of the California Uniform Building Code, Section 310.7. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Dwelling group” means a group of two or more detached or semidetached one-family, two-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Multiple dwelling” means a building or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“One-family dwelling” means a detached building designed for, or occupied exclusively by, one family with facilities for living, sleeping, cooking and eating, but containing only one kitchen. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Efficiency kitchen” means a cooking facility with appliances, a food preparation counter, and storage cabinets. (Ord. 2020-06 Exh. A, 2020)

“Efficiency unit,” as defined in California Government Code Section 17958.1, has the same meaning specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations. (Ord. 2020-06 Exh. A, 2020)

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. This definition shall also include interim housing options such as low-barrier navigation centers and bridge housing, and respite and recuperative housing. (Ord. 2024-06 § 2, 2024; Ord. 2020-07 § 2, 2020; Ord. 2011-03 § 1, 2011)

“Employee housing” means housing that provides for five or more employees under specified circumstances as defined in the California Employee Housing Act (California Public Health and Safety Code Sections 17000 through 17062.5), as may be amended. Employee housing is privately operated and does not include government-owned and -operated migrant worker facilities. Employee housing includes living quarters provided in connection with any work, whether or not rent is involved.

Employee housing that provides for six or fewer employees shall be deemed a single-family structure with a residential land use designation for the purposes of this section. For the purpose of all local ordinances, employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) or local building codes. (California Health and Safety Code Section 17021.5) (Ord. 2023-07 § 3, 2023)

“Family” means one or more persons occupying a premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors as they relate to the area or land under consideration. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Fitness and health establishment” means commercial or nonprofit facilities, such as fitness centers and health and athletic clubs, oriented toward promoting physical health. Such facilities can include any of the following: gymnasium, swimming pool, exercise equipment, indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Foster home or foster care home” means the residence of a family in which no more than six children of sixteen years of age or younger are cared for as foster children under a license of the county department of social services. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Garden structures” includes arbors, trellises, pergolas, arches, and other similar open structures that are primarily designed to support the growth of plants or to provide shade and shelter in a garden or yard. Garden structures do not include accessory buildings, gazebos with a solid roof and floor, cisterns, hot tubs, fountains, walls, fences, hedges, and other similar features. The area of a garden structure area is calculated from the structure’s largest horizontal dimensions. (Ord. 2025-12 § 3 (Exh. A), 2025)

“Private garage” means an accessible and usable enclosed covered parking space not less than nine feet by twenty feet for the storage of automobiles. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Public garage” means any premises, except those herein defined as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire, or sale. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Storage garage” means any premises, except those herein defined as a private garage, used exclusively for the storage of motor vehicles. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Practice fairway golf course” means a practice and instructional facility for golf purposes. It shall not include any concessions or commercial sale of merchandise. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Regulation golf course” means a golf course whose minimum total length for nine holes is three thousand yards and for eighteen holes is six thousand yards. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Short golf course” means a golf course whose minimum total length is five thousand yards, with some holes over two hundred fifty yards. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Three-par golf course” means a golf course in which the longest hole does not exceed two hundred fifty yards. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Guest room” means a room which is intended, arranged or designed to be occupied or which is occupied by guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Habitat for all identified plant and animal species which are rare, endangered, threatened, or are necessary for the survival of an endangered species. These species will be collectively referred to as “rare and endangered”;

B. Vernal ponds and their associated wetland vegetation. The Statewide Interpretive Guideline for Wetlands and Other Wet Environmentally Sensitive Habitat Areas (California Coastal Commission, February 14, 1981) contains technical criteria for establishing the inland boundary of wetland vegetation;

C. All native dune vegetation, where such vegetation is extensive enough to perform the special role of stabilizing Marina’s natural sand dune formations. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. The potential/known localities of rare and endangered plant species as shown on “Disturbed Vegetation” map in the Marina local coastal program;

B. The potential wildlife habitats as shown on “Potential Wildlife Habitats” map in the Marina local coastal program;

C. Any area within one hundred feet of the landward boundary of a wetland primary habitat area. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Height of building” means the vertical distance from natural grade at the average of the highest and lowest points of the building site covered by the building, to the topmost point of the roof. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Commercial hog ranch” means any premises on which hogs are raised or maintained and said hogs are fed by the purchase or import of swill, garbage, vegetables or fruit. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Home occupation” means any gainful occupation carried out within, and by any occupant of a dwelling unit, including but not limited to: handicrafts and similar activities, office use for a variety of types of businesses and occupations; teaching when limited to attendance of one pupil at a time; sales and other like occupancies which meet all of the conditions specified in Section 17.42.110. (Ord. 2020-07 § 2, 2020; Ord. 2001-06 § 1, 2001)

“Hotel” means establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes auto courts, motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of thirty consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property. (Ord. 2020-07 § 2, 2020; Ord. 2004-04 § 1 (Exh. 1), 2004; Ord. 2004-03 § 1, 2004; Zoning Ordinance dated 7/94, 1994)

“Residential hotel” means those establishments offering rooms for rent to transient patrons and for semi-transient or permanent residents on a weekly or monthly basis and may include a kitchen or kitchenette. (Ord. 2020-07 § 2, 2020; Ord. 2004-04 § 1 (Exh. 1), 2004; Ord. 2004-03 § 1, 2004)

“Junior accessory dwelling unit,” as defined in California Government Code Section 65852.22, means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. (Ord. 2020-06 Exh. A, 2020)

“Junkyard” means the use of more than two hundred square feet of the area of any parcel, lot or contiguous lots for the storage of junk, including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Live-work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: (1) complete kitchen space and sanitary facilities in compliance with the city building code; and (2) working space reserved for and regularly used by one or more occupants of the unit. A live-work unit is intended to be occupied by business operators who live in the same building that contains the commercial activity. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (Ord. 2020-06 Exh. A, 2020)

“Local coastal implementation plan (LCIP)” means that report, adopted by the council and certified by the State Coastal Commission, which describes various administrative and legal procedures to be pursued to carry out the local coastal land use plan. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Local coastal land use plan (LCLUP)” means that report, adopted by the council and certified by the State Coastal Commission, which, in response to the Coastal Act of 1976, contains maps, planning area text, public access component policies and guidelines for land use and public access within Marina’s Coastal Zone. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Corner lot” means a building site situated at the intersection of two or more streets, or a building site abutting on more than one part of the same street. (Ord. 2020-07 § 2, 2020; Ord. 2002-06 § 2, 2002)

“Reverse frontage lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

B. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

C. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

D. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

E. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

F. Personal use, cultivation or exchange of marijuana, as legally permitted by Health and Safety Code Section 11018. (Ord. 2017-07 Exh. A, 2017)

“Medical marijuana dispensary” means any commercial or industrial or home occupation facility or location where medical marijuana is distributed by a primary caregiver or a qualified patient, as such persons are defined in Sections 11362.7 through 11362.83 of the California Health and Safety Code, to more than three qualified patients, in accordance with California Health and Safety Code Sections 11362.7 through 11362.83. (Ord. 2020-07 § 2, 2020; Ord. 2007-03 § 1 (Exh. A), 2007)

“Membership organization facilities” mean permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including clubs, lodges, private meeting halls or similar facilities, for business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations and professional membership organizations. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Mobile home” means a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Mobile home park” means a parcel of land under one ownership which has been planned and improved for the placement of mobile homes for nontransient use. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Nonconforming building” means a building, structure, or portion thereof which does not conform to the regulations of this title for the district in which it is situated and which lawfully existed at the time of the adoption of the ordinance codified in this title. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Nonconforming use” means a building or land occupied by a use that does not conform to the regulations as to use for the district in which it is situated. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“One ownership” means ownership of property (or possession thereof), under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term “owner” shall be deemed to mean the person, firm, corporation or partnership exercising one ownership as herein defined. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Common open space” means an area on the ground, balcony, or deck that is available and accessible to the occupants of a building or building site for the purposes of active and/or passive recreation. This area includes the aggregate area of ground level areas, side and rear yards, (but not required front yards or exterior side yards), and patios, balconies and decks having a depth of not less than six feet and area of not less than sixty square feet. This area is exclusive of any area having a slope greater than ten percent, driveways, area for off-street parking and services, and ground level areas with a width of less than six feet or maximum dimension of under ten feet. Notwithstanding the general exclusion of driveways, on project sites with an average width of less than one hundred feet, the planning commission or the city council on appeal may allow minor driveways as defined in Section 17.66.020 to be included within the definition of common open space. In multifamily residential developments of at least twenty units, indoor spaces of not less than three hundred square feet, designed and used for recreational purposes, can be included as part of a project’s required common open space. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006; Ord. 2005-10 § 1 (Exh. A), 2005; Zoning Ordinance dated 7/94, 1994)

“Private open space” means outdoor area either at ground level or on a balcony, deck, or atrium which is appurtenant to and contiguous with a dwelling unit and designed for the exclusive use of the occupants of that dwelling unit with a minimum horizontal dimension of not less than five feet except as otherwise required by this code. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Parking space” means an accessible and usable space on the building site at least nine feet by nineteen feet located on site for the parking of automobiles, not including the use of any required front or side yard setbacks. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Poultry farms” means the raising and/or keeping of more than five hundred chickens, ducks, geese, pigeons, pheasants, peafowl or guinea fowl. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Smith’s Blue Butterfly, Shijimiaeoides enoptes smithi;

B. Globose Dune Beetle, Coelus globosus;

C. Black Legless Lizard, Anneilla pulchra nigra;

D. Salinas Kangaroo Rat, Dipodomys heermanni goldmani;

E. Seaside Painted Cup, Castilleja latifolia ssp. latifolia;

F. Monterey Spine Flower, Chorizanthe pungens var. pungens;

G. Eastwood’s Ericameria, fasciculata;

H. Coast Wallflower, Erysimum ammophilum;

I. Menzies’ Wallflower, Erysimum menziesii;

J. Coastal Dunes Milk Vetch, Astragalus tener var. titi;

K. Dune Gilia, Gilia tenuiflora var. arenaria;

L. Wild Buckwheat, Eriogonum latifolium*;

M. Wild Buckwheat, Eriogonum parvifolium*;

N. Bush Lupine, Lupinus ssp.+. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Refreshment stand” means an establishment or portion thereof where prepared food and beverages are sold, substantial portions of which are sold on a self-service basis or are sold and served for consumption outside of buildings on the premises. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Residential care home or residential care facility” means a dwelling unit or multiple-unit facility in which the occupant(s) is licensed by the state or county department of social services to provide twenty-four-hour, primarily nonmedical care for children or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Examples of residential care facilities include, but are not limited to, facilities for developmentally or mentally disabled, substance abuse recovery, dependent and neglected children, physically disabled, and wards of the court. Residential care homes do not include family day care, foster care or any medical services, including skilled nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living.

Residential care homes are further defined as follows: (1) “small residential care home” is a residence serving six or fewer clients; (2) “large residential care home” is a facility serving seven or more clients. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Restaurant” means a business devoted to the serving of prepared food to the public where the food is consumed on the premises while the customers are seated. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Rest home” means the rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Rooming or boarding house” means a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Sign” means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed or made visible for out-of-door advertising purpose in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building structure, or thing whatsoever. For the purpose of this title, the advertising area of one side of a double-faced sign shall be used in determining the advertising area. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Appurtenant sign” means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Directional and informational sign” means any sign which is confined to the giving of directions to a community or population center, or which, in addition to such directions, also gives general information as to the services, products or facilities available therein, without, however, naming or otherwise identifying any particular establishment, purveyor of goods or services, or brand or manufacturer of products. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Outdoor advertising sign” means any sign other than an appurtenant sign, or a directional and informational sign. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Single-room occupancy (SRO) units” means a multiple-family dwelling with units of a smaller size than normally found in multifamily dwellings, with kitchen and bathroom facilities that may be provided within the unit or shared, and which are rented to a one- or two-person household on a long-term basis. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Street line” means the boundary between a street and abutting property. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Small livestock farming” means the raising and/or keeping of not more than twelve chicken hens or twelve pigeons, or twelve similar fowl and/or twelve rabbits, or twelve similar animals, or any roosters, quacking ducks, geese, guinea fowl, peafowl, goats, sheep or similar livestock, or the raising and/or keeping for commercial purposes of any cats or dogs; provided, that the term “small livestock farming” as used in this title shall not include commercial hog farming, dairying, or the raising and/or keeping of horses, mules, or similar livestock as determined by the planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Public street” means a street, road or way, but not an alley, owned by or maintained by a state, county or incorporated city. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Structural alterations” mean any change in the supporting members of a building such as bearing walls, columns, beams or girders. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Structural walls” mean any bearing wall of a building. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Structure” means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground but not including any trailer, tent or decks less than eighteen inches above the ground. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Outdoor advertising structure” means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Studio—art, dance, martial arts, music, etc.” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are classified as “schools—specialized education.” Examples of these facilities include individual and group instruction and training in the arts; production rehearsal; photography and the processing of photographs produced only by users of the studio facilities; martial arts training; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

“Supportive housing”, as defined in Section 50675.14 of the California Health and Safety Code, and further defined as housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2011-03 § 1, 2011)

“Target population” means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 2020-07 § 2, 2020; Ord. 2011-03 § 1, 2011)

“Trailer” means a vehicle designed and used for human habitation and with its wheels in place. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Trailer camp” means any area or tract of land where space is rented or held out for rent to two or more owners or users of trailers, or where the free use of such space is permitted owners or users of trailers for the purpose of securing their trade. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Transitional housing” means housing with supportive services for up to twenty-four months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. (Ord. 2020-07 § 2, 2020; Ord. 2011-03 § 1, 2011)

“Use” means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Accessory use” means a use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Vacation club” means a program for marketing transient occupancy for hotel and/or motel accommodations to the general public through a membership agreement. (Ord. 2020-07 § 2, 2020; Ord. 96-7 § 1, 1996)

“Wild animal” means any animal feral in nature, that is, any animal which must be reclaimed and made tame by art, industry or education, or which must be kept in confinement to be brought within the immediate power of the owner; it excludes any animal which has been brought into, or born in, restraint or captivity upon any farm or ranch for the purpose of cultivating or pelting its fur; bees, birds, frogs, fish, and any other animal kept for human consumption. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Yard” means an open space on the same building site with a building, which open space is suitable for recreation, landscaping, gardens, or household service activities, such as clothes drying, but not including any portion of any street or alley or road right-of-way. (Ord. 2020-07 § 2, 2020; Ord. 2002-03 § 1, 2002; Zoning Ordinance dated 7/94, 1994)

“Front yard” means a yard extending across the front of the lot between the side lot lines and to a depth required by the district in which said lot is situated; provided, however, that if any official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such official plan line to the nearest line of the building. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Rear yard” means a yard extending across the back of the lot between the side lines and to a depth required by the district in which said lot is situated. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Side yard” means a yard between the sidelines of the lot and to a width required by the district in which said lot is situated, and extending from the front yard to the rear yard. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)