For the purposes of this Title, certain words and terms used herein are defined as set out in this Chapter.

(Ord. No. 1458, § VII, 5-15-2024)

All words in the present tense shall include the future tense. All words in the singular number shall include the plural number and all words in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise.

(Ord. No. 1458, § VII, 5-15-2024)

Accessory Dwelling Unit. An "accessory dwelling unit" or ADU is a dwelling unit that is accessory to a primary dwelling and has complete independent living facilities for one or more persons and has a few variations:

• Detached: The unit is separated from the primary dwelling.

• Attached: The unit is attached to the primary dwelling by a common wall.

• Converted Existing Space: Permitted habitable or non-habitable space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit.

Accessory Dwelling Unit, Junior. A "junior accessory dwelling unit" or JADU is a specific type of conversion of existing space into a separate dwelling unit that is contained entirely within an existing or proposed single-family dwelling and does not exceed 500 square feet.

Accessory Dwelling Unit, Statewide Exemption. A "statewide exemption ADU" is an ADU of up to 800 square feet, has four-foot side and rear yard setbacks, and complies with the height limitations of Section 22.43.070. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a Statewide Exemption ADU.

Activities Devoted Primarily to the Sale or Exchange of Tobacco-Related Products. "Activities devoted primarily to the sale or exchange of tobacco-related products" are activities either devoting 20 percent of floor area or display area to, or deriving 75 percent or more of gross sales receipts from, the sale or exchange of tobacco-related products.

Aggregate Side Yards. "Aggregate side yards" means the sum of the two side yards.

Agricultural Accessory Structure. "Agricultural accessory structure" means an attached or detached subordinate structure which supports agricultural activity; is incidental to the use of the main structure or the main use of the land; and is located on the same site with the main structure or use. Examples of agricultural accessory structures include, but are not limited to, grain silos, water towers, barns, small and large animal structures, and equipment storage structures.

Agricultural Product Processing. "Agricultural product processing" means the commercial preparation of agricultural products for human consumption or the manufacture of products which are derived from plants and animals. Examples include, but are not limited to, meat processing, lard manufacture, dairy production, and vegetable canning.

Agriculture—Large Scale. "Large scale agriculture" means general farming, wholesale horticulture, viticulture, and floriculture, dairying, livestock production, fur farms, chicken raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses.

Agriculture—Small Scale. "Small scale agriculture" means crop and tree farming, horticulture, and viticulture.

Airport and Heliport. "Airport and heliport" means an area designated for the takeoff, landing, and movement of aircraft. Airports typically include runways, taxiways, aprons, and terminal buildings for the embarkation and disembarkation of passengers and cargo. Heliports are specifically designated areas for helicopters to take off and land, often featuring landing pads, fueling stations, and other necessary facilities. These facilities may also include ancillary operations such as aircraft maintenance, air traffic control, customs, and security services.

Alley. "Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alter. "Alter" means to make a change which will prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders.

Animal Boarding. "Animal boarding" means the commercial operation of a facility that provides temporary care, shelter, and accommodation for animals, including but not limited to dogs, cats, birds, and small mammals, for a period exceeding 24 hours. Such facilities may offer services such as feeding, grooming, exercise, and medical care under the supervision of trained personnel. Animal boarding establishments shall comply with all applicable health, safety, and zoning regulations to ensure the well-being and comfort of the boarded animals.

Animal Structures—Large. "Large animal structures" means accessory structures provided for the shelter or housing of livestock including, but not limited to, barns and stables.

Animal Structures—Small. "Small animal structures" means accessory structures provided for the shelter or housing of small animals including, but not limited to, chicken coops, rabbit hutches, and similar scale structures.

Antique Shops. "Antique shops" means establishments engaged in retail sales of objects of art or pieces of furniture, household implements and the like, which, because of age, rarity, and fabrication or the manufacture at a time much earlier than present, have acquired a collectors' quality and value. This definition does not include any objects or materials that are obsolete and have secondhand or salvage value only.

Apiary. "Apiary" means beehives or place where bees are kept, located, or found.

Applied Water. "Applied water" means the portion of water supplied by the irrigation system to the landscape.

Automatic Irrigation Controller. "Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Backflow Prevention Device. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Bail Bonds Shops. "Bail bonds shops" means establishments that provide security for the due appearance of an individual to obtain temporary release from imprisonment.

Bar. "Bar" shall mean a business where alcoholic beverages, but not including beer and/or wine only, are sold for on-site consumption, with either no or limited food service which do not include a "bona-fide public eating place." "Bar" does not include a business where alcoholic beverages are served which business complies with all of the following: a) operates as "a bona-fide public eating place", b) possesses a license type issued by ABC which is issued only to establishments with a "bona-fide public eating place"; and c) provides meals, prepared on-site in a full commercial kitchen conforming to all current requirements of the Contra Costa County Health Services Department, the Martinez Municipal Code, and the City Building Official.

Bed and Breakfast Inn. "Bed and Breakfast Inn" means a business operated as part of a dwelling in which lodging or lodging and meals are provided for compensation for more than two but not more than six persons other than members of the resident family, excluding a nursing home, where the following conditions are met:

A.

The business is conducted within a dwelling by an inhabitant thereof.

B.

No signage is displayed other than a name plate not exceeding six square feet in area.

C.

No noisy or otherwise objectionable machinery or equipment is used in the conduct of the business.

D.

No storage of equipment or supplies takes place outside of the dwelling.

E.

Off-street parking is provided at the rate of two spaces plus one space for each guest room.

F.

The conduct of the business does not create excessive pedestrian, automobile, or truck traffic in the vicinity.

Block. "Block" means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad rights-of-way, unsubdivided land, or watercourse.

Bona-fide Public Eating Place. "Bona-fide public eating place" shall have the same meaning as set forth in California Business and Professions Code Section 23038 and includes a place which regularly serves meals and which has suitable kitchen facilities connected therewith. "Bona-fide public eating places" does not include establishments with only limited food service such as only sandwiches or salads or pre-prepared foods.

Breezeway. "Breezeway" means a structure for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site. A breezeway shall not exceed 12 feet in height and no more than 50 percent of the sides of the structure shall be enclosed with any material other than that necessary for roof supports.

Building. "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.

Building Height. "Building height" means the vertical distance at any point of the surface of the ground covered by the structure directly over said point between the natural grade and the highest point of the structure, not including the exceptions outlined in Section 22.34.170.B.

Campground. "Campground" means real property made available to persons for camping, whether by tent, trailer, camper, cabin, recreational vehicle, or similar device. "Campground" does not include a manufactured home community or mobile home park.

Cannabis Delivery Permit. "Cannabis delivery permit" means a permit issued by the Chief of Police to business that delivers cannabis products within the City limits of the City of Martinez.

Carport. "Carport" means an accessory structure or portion of a main structure having a roof but open on two or more sides and designed for the storage of motor vehicles.

Certificate of Completion. "Certificate of Completion" means the document required under Chapter 22.73 (Water Efficient Landscape).

Certified Irrigation Designer. "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

Certified Landscape Irrigation Auditor. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program, such as the United States Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

Check Cashing Shops. Establishments with a primary purpose of cashing checks and making loans other than a financial institution such as a bank or credit union.

Check Valve or Anti-Drain Valve. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

Chicken. "Chicken" means any domesticated chicken excluding roosters, kept for the primary purpose of egg production, meat, or as a pet.

Christmas Tree Farm. "Christmas tree farm" means the seasonal sale of trees grown on site. Customer selection and cutting of trees may be part of the sales process.

Clean Technology. "Clean technology" means a business or operation related to the development of innovative practices and technologies aimed at reducing environmental impact, enhancing resource efficiency, and promoting sustainability. It encompasses renewable energy systems like solar and wind power, energy-efficient solutions for buildings and transportation, waste management and recycling facilities, water conservation technologies, clean transportation options such as electric vehicles, sustainable agriculture practices, green building materials, and environmental monitoring and remediation technologies.

Commercial Vehicle. "Commercial vehicle" shall have the same meaning as set forth in the California Vehicle Code as the same may be amended from time to time, except that commercial vehicle shall not include a pickup truck as defined in the California Vehicle Code as the same may be amended from time to time.

Commissions, Officers, Boards.

A.

"Board of Adjustments" and "Board" mean the Zoning Administrator, or the Planning Commission, as determined by the Planning Manager or designee.

B.

"Building Inspector" means the Chief Building Official or designee.

C.

"City Engineer" means the City Engineer or designee.

D.

"City Planning Commission" and "Commission" mean the Planning Commission duly appointed by the City Council.

E.

"Zoning Administrator" means the Community and Economic Development Director, Planning Manager, or designee.

Common Interest Developments. "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

Common Open Space. "Common Open Space" means land area of the site not covered by buildings or structures which is accessible to all occupants or dwelling units within the development. It does not include proposed street rights-of-way, open parking areas, driveways, school sites, commercial areas and related facilities, or areas determined unsuitable by the Zoning Administrator or Planning Commission.

Community Benefit. "Community Benefits" are benefits provided to the Martinez community from an applicant in the form of affordable housing, contribution to a City-funded program, on-site benefit, and/or off-site benefit, as outlined in Chapter 22.81.

Community-Oriented Non-Profit Organization. "Community-Oriented Non-Profit Organization" means an organization owned, controlled, and operated by an entity that maintains a 501c(3) non-profit status and provides services to Martinez residents.

Compost. "Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

Concession, State Density Bonus Law. "Concession" means modification(s) to City regulatory or development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents associated with State Density Bonus Law projects. The number of required incentives is based on the percentage of affordable or senior units provided in the qualifying project consistent with California Government Code Sections 65915 through 95918. Concessions may include:

A.

Reduced lot sizes and/or dimensions;

B.

Reduced minimum setbacks;

C.

Reduced minimum common and/or private open space requirements;

D.

Increased maximum lot coverage;

E.

Increased maximum building height and/or stories;

F.

Reduced off-street parking standards, including the number and size of spaces such that no less is provided as stipulated in California Government Code Sections 65915 through 95918;

G.

Reduced minimum building separation requirements;

H.

Reduced street standards, including street widths;

I.

Approval of mixed-use zoning if commercial, office, or other land uses where not otherwise permitted, will reduce the cost of the housing development, and if the commercial, office, or other land uses are compatible with the housing development and the existing or planned development in the area;

J.

Deferred permit application fees;

K.

Expedited or accelerated permitting process; and/or

L.

Other regulatory incentives or concessions proposed by the applicant and approved by the review authority which result in identifiable cost reductions or avoidance.

Conservation Area. "Conservation area" means an area of land that is intended to be protected and conserved for its natural, cultural, or historical significance.

Contracting and Construction Establishment. "Contracting and construction establishment" means a commercial entity engaged in the construction, renovation, or improvement of structures, buildings, or infrastructure, including, but not limited to, residential, commercial, industrial, and public works projects. This may include general contractors, subcontractors, construction firms, and other entities involved in the planning, management, and execution of construction activities

Conversion Factor (0.62). "Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

Coop. "Coop" means a roofed structure where chickens typically roost.

Craftsmanship Establishment. "Craftsmanship establishment" means a business engaged in the skilled production of goods through various artisanal techniques such as metalworking, stonemasonry, glassworking, and woodworking. These establishments typically involve hands-on craftsmanship, precision, and expertise in shaping raw materials into finished products.

Day Care, General. "General day care" means a commercial business or institution that provides care for persons on a less than 24-hour basis. This classification is exclusive to those facilities licensed by the State, and includes nursery schools, preschools and day care centers for children or adults, but excludes smaller facilities such as family day care home.

Depth. "Depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

Development Incentive. "Development incentive" means the predetermined deviations from development standards for specified zoning districts.

Disabled Person(s). "Disabled person(s)" means a person who has a medical, physical, or mental impairment or condition that substantially limits one or more major life activities, as those terms are defined in the California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled persons does not include a person who is currently using illegal substances, unless they also have a separate disability.

Dispensary—Cannabis. "Dispensary" means a business that holds a valid state license and conducts the retail sale of cannabis or cannabis products. "Dispensary" means the same thing as "retail cannabis store."

Distribution—Cannabis. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses licensed by the state.

Distribution Uniformity. "Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

Dog Fancier. "Dog fancier" means a person owning or keeping four or more dogs over the age of six months:

A.

As pets;

B.

For showing in recognized dog shows, field trials, or obedience trials;

C.

For working or hunting;

D.

For improving the variety of breed in temperament or conformation with a view to exhibition in shows or trials, or for use as working dogs in hunting.

Dog Kennels, Commercial. "Commercial dog kennels" means any lot, building, structure, enclosure, or premises where one or more dogs are kept or maintained for commercial purposes, including boarding, breeding, and veterinary care, for the primary purpose of sale or service for profit. All dogs maintained in commercial dog kennels are to be confined on the premises under the owner's control, and shall be enclosed in a building during the hours of darkness.

Drip Irrigation. "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Dwelling. "Dwelling" means a one-family dwelling, multiple dwelling, lodging house or apartment hotel.

Dwelling, Primary. "Primary dwelling" means a means a one-family dwelling, multiple dwelling, lodging house or apartment hotel on the parcel and is the larger of the two if there is an existing accessory dwelling unit on the parcel.

Dwelling, Single-family. "Single-family dwelling" means a structure containing no more than one dwelling unit, designed for occupancy or occupied by no more than one family not occupied on a transient basis.

Dwelling Unit. "Dwelling unit" means one or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes. This includes mobile homes constructed after 1976 (certified under the National Mobile Home Construction and Safety Standards Act of 1974) and placed on permanent foundations.

Ecological Restoration Project. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Educational Institution. "Educational institution" means an establishment or facility primarily engaged in providing instruction, training, or education to individuals, including, but not limited to, schools, colleges, universities, vocational training centers, tutoring centers, language schools, and other similar entities.

Effective Precipitation or Usable Rainfall (Eppt). "Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth.

Employee Housing. "Employee Housing" means residential accommodations for individuals employed within a specific geographic area or by a particular employer. Employee housing serving six or fewer employees shall be deemed a single-family structure and shall be subject to the same standards as any single-family residence in the same zoning district. Employee housing is not a business run for profit.

Established Landscape. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Establishment Period of the Plants. "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

Estimated Total Water Use (ETWU). "Estimated Total Water Use" or "ETWU" means the total water used for the landscape as described in Section 22.73.040.

ET Adjustment Factor (ETAF). "ET adjustment factor" or "ETAF" means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

Evapotranspiration Rate. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Event Rental Business. "Event rental business" means a commercial enterprise engaged in renting out equipment, facilities, or services for events such as weddings, parties, conferences, and exhibitions. These businesses provide a variety of items for rent, including tents, tables, chairs, decorations, audiovisual equipment, lighting, and other event-related supplies. Event rental businesses may also offer delivery, setup, and pickup services as part of their rental packages.

Fair Housing Laws. "Fair Housing Laws" means the Federal Fair Housing Act (42 United States Code Section 3601 et. seq.) and the California Fair Employment and Housing Act (California Government Code Section 12926 and 12955 et. seq.), including amendments there to.

Family. "Family" means one or more persons related by blood, marriage, or legal adoption, or a group of persons living together who constitute a single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.

Family Day Care Home. A facility located in a residential district which provides licensed family day care to 12 or fewer children including children who reside at the home.

Farmworker and Employee Housing. "Farmworker and employee housing" means accommodations for up to 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. All occupants of the housing units must be agricultural employees who are employed in, raising, or harvesting any agricultural commodity. Such employees need not work on the property where the housing is located. Any farm worker and employee housing providing accommodations for six or fewer farm workers or employees shall be deemed a single-family structure. Farm worker and employee housing is not a business run for profit.

Financial Institution. "Financial institution" means an establishment or entity engaged in providing financial services, including but not limited to banks, credit unions, savings and loan associations, mortgage brokers, investment firms, and insurance companies. This category may also include ATM facilities, currency exchanges, and other similar financial service providers.

Flexible Community Benefit. "Flexible Community Benefit" means tangible benefits provided to the City from an applicant which are not provided on the City's predetermined list, outlined in Chapter 22.81, subject to approval by the City Council.

Floor Area, Gross. "Gross floor area" means the total horizontal area in square feet on each floor within the exterior walls of a structure but not including the area of inner courts, shaft enclosures, or exterior walls.

Floor Area Ratio. "Floor area ratio" means the ratio of gross habitable floor area to total lot area.

Flow Rate. "Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

Flow Sensor. "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master irrigation valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

Foster Family Home. "Foster family home" means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed, or as defined and regulated by the California Health and Safety Code.

Freight and Transportation Station. "Freight and transportation station" means a facility designated for the storage, handling, and distribution of goods and materials, as well as the transfer of passengers and cargo between different modes of transportation. These stations serve as hubs for various transportation activities, including shipping, receiving, sorting, passenger transit, and transferring freight and cargo.

Friable. "Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

Frontage. "Frontage" means the property line of a site abutting on a street, other than the side yard property line of a corner lot.

Fuel Modification Plan Guideline. "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

Garage. "Garage" means an accessory structure or a portion of a main structure, enclosed on three or more sides, designed for the storage of motor vehicles.

Garage, Repair. "Repair garage" means a structure or part thereof where motor vehicles are repaired or painted.

Garage, Storage. "Storage garage" means a structure or part thereof used for the storage, parking, or servicing of motor vehicles but not for the repair thereof.

General Retail Sales. "General retail sales" means the sale of various consumer goods and merchandise directly to the public for personal or household use. Such goods may include, but are not limited to, clothing, accessories, electronics, home goods, appliances, groceries, toys, and books.

Graywater. "Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Group Care and Rehabilitation Facilities. "Group care and rehabilitation facilities" means residential facilities which provide supervision, care and/or rehabilitation services to resident mentally disordered persons, resident persons who have suffered such problems or diseases as alcoholism, drug addiction, or the like or other handicapped resident persons.

Hardscapes. "Hardscapes" means any durable material (pervious and non-pervious).

Health Care Clinics, Medical Outpatient Facilities, and Medical and Dental Offices. "Health care clinics, medical outpatient facilities, and medical and dental offices" means facilities where medical and dental services are provided to patients on an outpatient basis. These establishments offer a range of medical and dental services, including consultations, examinations, diagnostics, treatments, and preventive care. They may include general medical clinics, specialized medical clinics, dental offices, diagnostic imaging centers, outpatient surgery centers, and similar facilities. These establishments are typically staffed by licensed medical and dental professionals, such as physicians, dentists, nurses, and technicians, and may also provide ancillary services such as laboratory testing and pharmacy services.

High Technology. "High technology" means activities and processes that involve advanced scientific and technological knowledge with the purpose of producing cutting-edge products or services. Such activities may include research, development, design, testing, and production of technology-based goods or services. High Technology establishments may encompass industries such as electronics, biotechnology, information technology, aerospace, artificial intelligence, emerging technology, and other fields that heavily rely on innovation and scientific expertise.

Home Occupation.

A.

"Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products, but not including any of the following:

1.

Appliance repair, other than repair of small household appliances;

2.

Motorized garden tool repair such as, but not limited to, lawnmowers;

3.

Massage business, as defined in Chapter 5.58;

4.

Pest control;

5.

Vehicle production and services such as, but not limited to, the following: cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, and towing, excluding the dispatching of vehicles such as limousines, taxicabs, and ambulances;

6.

Welding;

7.

Any use which requires a hazardous materials permit from the Fire Department;

8.

Commercial cannabis activity, as provided in Chapter 22.41;

9.

Any other use which does not comply with any of the conditions listed in subsection B of this section.

B.

All home occupations are subject to the following conditions:

1.

The home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling;

2.

There shall be no external alteration of the dwelling in which the home occupation is conducted;

3.

No sign shall be displayed other than a nameplate in which the home occupation is conducted;

4.

No one other than a resident of the dwelling shall be employed in the conduct of a home occupation, except that a doctor, dentist, osteopath, Microenterprise Home Kitchen Operation ("MEHKO"), Cottage Food Operation ("CFO"), or chiropractor may employ one assistant;

5.

There shall be no machinery or equipment used in the conduct of the home occupation that exceeds the permitted levels as outlined in Chapter 8.34 (Noise Control);

6.

There shall be no storage, keeping or display of equipment, supplies, or merchandise outside or in the vicinity of the dwelling. No goods, merchandise, or products shall be sold or offered for sale inside of, outside of, or in the vicinity of, the dwelling, except for products prepared by an approved MEHKO or CFO. As used in this subsection, vicinity includes any private property located in the same street block as the dwelling;

7.

The conduct of the home occupation shall not create excessive pedestrian, automobile, or truck traffic in the vicinity or on the property of any other residence. Excessive traffic is defined as more than four vehicles or pedestrians per hour arriving at or departing from the residence, or more than a cumulative total of 20 vehicles or pedestrians per day. Approved MEHKOs and CFOs are exempt from this requirement and instead are subject to the limitations outlined in Section 22.040.240(B)(8).

8.

MEHKOs and CFOs are further subject to the following requirements:

a.

MEHKO and CFO owners must have a Food Protection Manager Certification and a MEHKO or CFO permit, as appropriate, as issued by the Contra Costa County Environmental Health Program.

b.

MEHKO gross annual sales cannot exceed $100,000.00 in 2023 dollars, as adjusted annually according to the California Consumer Price Index. CFO annual sales cannot exceed $75,000.00 for a Class A CFO or $150,000.00 for a Class B CFO.

c.

MEHKOs cannot sell more than 30 meals or meal components per day, and/or more than 90 meals or meal components per week. A meal is defined as the amount or quantity of food that is intended to be consumed by one customer in one sitting. A meal may include one or more of any of the following: (1) a main dish; (2) appetizers; (3) side dishes; (4) beverages; (5) baked goods; and (6) desserts. CFOs can only sell food items that are approved by the California Department of Public Health.

d.

MEHKOs and CFOs shall not use a third-party delivery service to deliver food, and must hand all food directly to any customers.

Homeless Person(s). "Homeless person(s)" also referred to as "unhoused person(s)" means an individual who lacks a fixed, regular, and adequate nighttime residence; and/or an individual who has a primary nighttime residence that is:

A.

A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including but not limited to emergency shelters, congregate shelters, and transitional housing;

B.

An institution that provides a temporary residence for individuals intended to be institutionalized; or

C.

A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

Homeless Shelter, Emergency. "Emergency homeless shelter" means a temporary facility or designated area intended to provide short-term housing and supportive services to individuals or families experiencing homelessness or displacement due to natural disasters, emergencies, or other crises. "Short term" means a period not to exceed 180 days. Emergency shelters may be operated by governmental agencies, nonprofit organizations, religious institutions, or other entities authorized by the local jurisdiction. These shelters typically offer overnight accommodations, meals, hygiene facilities, and access to social services such as counseling, job assistance, and medical care. Emergency shelters include, but are not limited to, other interim interventions like navigation centers, bridge housing, and respite or recuperative care.

Homeless Shelter, Ongoing. "Homeless shelter, ongoing" means a program, operated by a religious or eleemosynary institution (with the intent of placing the homeless in permanent dwelling units within 90 days after first occupying the shelter) that provides overnight shelter, two meals a day and case management services for homeless persons, with no predetermined limitation to length of occupancy.

Hotel. "Hotel" means a structure or portion thereof in which there are 16 or more individual guest rooms or suites, usually occupied on a transient basis, where lodging, with or without meals is provided for compensation, and in which more than 50 percent of the individual guest rooms and suites are without kitchens.

Hydrozone. "Hydrozone" means an irrigated or non-irrigated portion of the landscaped area having plants with similar water needs and rooting depth.

Industry, Heavy. "Heavy industry" means industrial activities involving large-scale manufacturing, processing, storage, or production that typically utilize heavy machinery, equipment, and raw materials. Heavy industry facilities are characterized by their large physical footprint, high energy consumption, and potential to generate substantial noise, odor, vibration, illumination, emissions, waste byproducts, and truck traffic. These uses must conform to the Industrial Performance Standards of this Title.

Industry, Light. "Light industry" means industrial activities involving manufacturing, processing, assembly, research and development and storage uses conducted indoors; accessory restaurant and retail sales to serve the industrial area only; construction trades such as contracting, plumbing, and electrical; food and beverage production; and other uses determined to be substantially similar to the above by the Community and Economic Development Director or designee. Light industry is oriented towards the production of consumer goods for end users rather than for intermediate use by other industries. Light industry does not generate substantial noise, odor, vibration, illumination, emissions, waste byproducts, or truck traffic.

Infiltration Rate. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Invasive Plant Species. "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United States Department of Agriculture's invasive and noxious weeds database.

Irrigation Audit. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other United States Environmental Protection Agency "WaterSense" labeled auditing program.

Irrigation Efficiency (IE). "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.

Irrigation Emitter. "Irrigation Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

Irrigation Survey. "Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

Irrigation Water Use Analysis. "Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

Junkyard. "Junkyard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like excepting a site on which such uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this Chapter. An establishment for the sale, purchase or storage of used cars or salvaging machinery in operable condition, and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junkyard.

Kitchen. "Kitchen" shall mean an area designed to be used for the preparation of food and equipped with all of the following:

A.

A sink and/or other device for dishwashing;

B.

A stove, microwave, or other device for cooking or heating food;

C.

A refrigerator or other device for cool storage of food;

D.

Cabinets, shelves, or counters for storage of equipment and utensils for food preparation.

Kitchen, Efficiency. "Efficiency Kitchen" means a room or part of a room that is designated for food preparation and includes a sink, a refrigerator, a stove/range, a food preparation counter of at least three linear feet and no more than eight linear feet, and storage cabinets of at least three linear feet and no more than 15 linear feet.

Landscape Architect. "Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code Section 5615.

Landscape Area. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape Contractor. "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Landscape Documentation Package. "Landscape Documentation Package" means the documents required under Section 22.73.060.

Landscape Project. "Landscape project" means total area of landscape in a project as defined in "landscape area".

Landscape Water Meter. "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

Lateral Irrigation Line. "Lateral irrigation line" means the water delivery pipeline that supplies water to the irrigation emitters or sprinklers from the valve.

Legal Religious Institution. "Legal Religious Institution" means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operated as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 91010), or as a corporation sole pursuant to Part 6 (commencing with Section 10000), of Division 2 of Title 1 of the Corporations Code.

Life Sciences and Biotechnology. "Life sciences and biotechnology" means establishments engaged in research, development, manufacturing, and commercialization activities related to biological and medical sciences, including, but not limited to, biopharmaceuticals, medical devices, diagnostics, genetic engineering, regenerative medicine, and agricultural biotechnology. These establishments may include laboratories, research facilities, manufacturing plants, and offices dedicated to advancing scientific knowledge, developing innovative products, and improving human and environmental health. Life sciences and biotechnology facilities may also encompass ancillary uses such as conference centers, training facilities, and support services essential to the operation of these establishments.

Lodging House. "Lodging house" means a dwelling in which lodging or lodgings and meals are provided for compensation for more than six but not more than 15 persons other than members of the resident family, excepting a nursing home.

Lot. "Lot" means a parcel of subdivided land which is shown on a duly approved and recorded subdivision map.

Lot, Corner. "Corner lot" means a site bounded by two or more adjacent street lines which have an angle of intersection of not more than 135 degrees.

Lot, Corridor Access. "Corridor access lot" means a site with access to a street by means of a corridor having not less than 20 feet of frontage and a width less than the required site width but not less than 20 feet. The area of an access corridor shall not be included in determining site area.

Lot, Double Frontage. "Double frontage lot" means an interior lot having frontage on two parallel or approximately parallel streets.

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

Lot, Key. "Key lot" means the first interior lot to the rear of a reversed corner lot.

Lot Line, Front. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street.

Lot, Reversed Corner. "Reversed corner lot" means a corner lot where the side line is substantially a continuation of the front property line of the first lot to the rear.

Low-Barrier Navigation Center. "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.

2.

Pets.

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.

Low Volume Irrigation. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral irrigation lines and low-volume irrigation emitters such as drip, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Lunch Wagon. A cart or motor vehicle from which beverages and ready-to-eat food items are sold.

Machinery and Equipment Manufacturing, Sales, and Repair. "Machinery and equipment manufacturing, sales, and repair" means a business involved in the production, distribution, and maintenance of machinery and equipment used in various industries. This category encompasses establishments engaged in the manufacturing of machinery and equipment, such as industrial machinery, agricultural equipment, construction machinery, and electronic equipment. It also includes businesses that sell or rent machinery and equipment to customers, as well as those offering repair and maintenance services for such machinery and equipment.

Main Irrigation Line. "Main irrigation line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

Major Thoroughfare. "Major thoroughfare" means a major street having two or more lanes for each direction of travel, designated as a thoroughfare on the circulation element of the General Plan. For the purposes of this Title, this shall apply to all of Alhambra Avenue; Berrellesa Street; Escobar Street and Marina Vista from Berrellesa Street easterly; Pine Street from Jones Street northerly; and Pacheco Boulevard.

Manufacturer—Cannabis. "Manufacturer" means a business that holds a valid state license and conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container.

Manufacturing, Advanced. "Advanced manufacturing" means the use of cutting-edge and innovative processes in the production of goods. Examples include, but are not limited to, 3D printing, biotechnology, nanotechnology, robotics, precision machining, advanced pharmaceuticals, and automation. Advanced manufacturing facilities are characterized by their emphasis on the use of high technology and highly specialized production methods.

Marina, Harbor, and Boatbuilding Facility. "Marina, harbor, and boatbuilding facility" means a facility designated for the docking, mooring, and storage of watercraft; fishing piers and related facilities; and the construction, repair, and maintenance of boats and vessels. These facilities typically include docks, piers, wharves, slips, boat ramps, and storage areas for boats, yachts, and other watercraft. Boatbuilding facilities may also feature workshops, warehouses, and equipment for the construction, assembly, and outfitting of boats. Marinas and harbors serve as hubs for recreational boating activities, such as sailing, fishing, and cruising, while also supporting commercial and industrial maritime operations.

Massage Business. "Massage business" means an establishment engaged in the purpose of massage treatments by one or more therapists. This category does not include day spas.

Master Irrigation Shut-Off Valve. "Master irrigation shut-off valve" means an automatic valve installed at the irrigation supply point that controls water flow into the irrigation system to prevent water loss due to uncontrolled flow or leakage.

Maximum Applied Water Allowance ("MAWA"). "Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 22.73.040.

Media Production. "Media production" means a business involved in the creation, development, and distribution of various forms of media content, including, but not limited to, audiovisual productions, digital media, print media, and multimedia projects. This category includes businesses engaged in producing films, television shows, commercials, documentaries, music videos, podcasts, radio programs, web series, digital advertisements, graphic design, publishing, and other similar endeavors. Media production facilities may include studios, editing suites, sound stages, recording booths, post-production facilities, and equipment rental services.

Median. "Median" is an area separating traffic lanes or providing refuge to pedestrians, whether planted or paved.

Microclimate. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscaped area due to factors such as wind, sun exposure, or the presence of buildings or other structures.

Mined-land Reclamation Projects. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

Mobile Storage Container. "Mobile storage container" means any enclosed or partially enclosed storage structure, including, but not limited to, cargo or shipping containers, "POD" units, and other pre-fabricated structures intended for the storage or transport of goods.

Mobile Vendor. "Mobile vendor" means a vehicle or trailer that is equipped to prepare, serve, and sell food, beverages, and other retail items.

Motel. "Motel" means a structure, or portion thereof, or a group of attached or detached structures containing individual guest rooms or suites, usually occupied on a transient basis and usually with a garage attached or parking space located in proximity to each unit, where lodging is provided for compensation.

Motor Vehicle Wrecking Yard. "Motor vehicle wrecking yard" means a site, or portion of a site, on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for 30 days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.

Mulch. "Mulch" means any organic material, such as leaves, bark, straw, or inorganic material such as rocks, gravel, or decomposed granite, left loose and applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature, or prevent soil erosion.

Multiple Dwelling. "Multiple dwelling" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family and not occupied on a transient basis. A structure with an attached ADU or JADU does not qualify as a multiple dwelling.

Natural Resource Extraction. "Natural resource extraction" means the process of extracting or harvesting naturally occurring resources from the earth or its atmosphere for commercial purposes. This includes activities such as mining, logging, fishing, and hunting.

Net Lot Area. "Net lot area" means total parcel area excluding street rights-of-way including but not limited to streets, alleys and access corridors, and creek setbacks.

Nightclub. "Nightclub" means an establishment primarily engaged in providing entertainment, music, and dancing, often accompanied by the sale of alcoholic beverages. Nightclubs typically operate late into the night. They may feature DJs, live bands, or other forms of entertainment. The primary focus of a nightclub is on providing a venue for socializing and entertainment, with alcoholic beverages being a significant component of their offerings.

Non-Residential Landscape. "Non-residential landscape" means landscapes in commercial, institutional, industrial, and public places.

Non-Storefront Retail Business—Cannabis. "Non-storefront retail business" means a non-storefront cannabis business that sells and delivers cannabis or cannabis products to customers without a premises that is not open to the public. While the business shall have a physical location within the City of Martinez, all sales are conducted exclusively by delivery.

Non-Taxable Merchandise. "Non-taxable merchandise" means products, commodities, or items the sale of which is not subject to California State sales tax.

Nursery and Garden Supply Store. "Nursery and garden supply store" means a commercial establishment primarily engaged in the retail sale of plants, trees, shrubs, flowers, gardening supplies, farming supplies, and related products for landscaping, gardening, agriculture, and outdoor decoration purposes, not including the sale of animals. These establishments may also provide gardening advice, landscaping services, and delivery options for large items.

Nursery School. "Nursery school" means a school for 13 or more pre-elementary school age children (including those residing on the site), or use of a site, or portion of a site, for a group day care program.

Nursing Home. "Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, invalids and aged persons not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.

Off-Street Loading Facilities. "Off-street loading facilities" means a site, or a portion of a site, devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-Street Parking Facilities. "Off-street parking facilities" means a site, or portion of a site, devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

Operating Irrigation System Pressure. "Operating irrigation system pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

Outdoor Advertising Structure. "Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

Overhead Sprinkler Irrigation Systems. "Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

Overspray. "Overspray" means the irrigation water applied outside the targeted area, wetting pavements, walks, structures, or other non-landscaped areas.

Packing and Shipping Establishment. "Packing and shipping establishment" means a business involved in the packaging, crating, and transportation of goods. These services typically include packing items securely for shipment, constructing crates or pallets as needed, and arranging for the delivery or shipping of packages to their destination. They may cater to residential or commercial clients and handle a variety of items, ranging from household goods to industrial equipment. Additionally, these businesses may offer ancillary services such as storage, logistics management, and insurance coverage for transported items.

Parkway. "Parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

Pawnshops. "Pawnshop" means an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

Personal Services. "Personal services" means an establishment or entity providing services primarily for individual or household needs, including, but not limited to, beauty salons, barber shops, nail salons, spas, dry cleaners, laundromats, tailors, and pet grooming services. This category may also include similar businesses offering personal care, hygiene, or maintenance services.

Pervious. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

Physical Fitness Facility. "Physical fitness facility" means an establishment or facility primarily engaged in providing physical fitness services, exercise equipment, and related activities for the improvement or maintenance of physical health and well-being. This includes gyms, health clubs, fitness centers, yoga studios, Pilates studios, martial arts studios, and similar establishments offering exercise classes, personal training, cardiovascular equipment, weight training equipment, and other fitness-related services.

Plant Factor or Plant Water Use Factor. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources ("DWR").

Private Clubs, Lounges, and Lodges. "Private clubs, lounges, and lodges" means an establishment that provides social, recreational, or leisure facilities exclusively for members and their guests. These establishments may offer amenities such as dining, entertainment, recreational activities, and meeting spaces. Private clubs, lounges, and lodges often require membership fees or dues for access and may have specific membership criteria or eligibility requirements. Examples include, but are not limited to, country clubs and fraternal organization.

Professional and Administrative Offices. "Professional and administrative offices" means commercial spaces primarily utilized for administrative, managerial, or professional purposes, typically not involving regular in-person services to clients or customers. These establishments primarily serve as workplaces for tasks such as clerical work, data analysis, project management, administrative support, financial operations, and other similar functions. Professional and administrative offices may include individual offices, cubicles, conference rooms, common areas, and related facilities necessary for conducting administrative or professional tasks. These spaces are distinct from establishments offering professional services where clients or customers regularly visit the premises for in-person consultations or services, such as law firms, accounting offices, medical clinics, or consulting firms.

Professional Services. "Professional services" means a business or establishment primarily engaged in providing specialized services that require advanced education, training, or expertise in a specific field, including but not limited to legal, accounting, engineering, architecture, consulting, counseling, and medical services. This category may also include other similar services deemed to require professional qualifications by the Planning Division.

Public and Private Philanthropic Institution. "Public and private philanthropic institution" means an organization dedicated to promoting the public good, welfare, or charitable activities. These institutions may include foundations, trusts, non-profit organizations, or charitable associations that provide financial support, resources, or services for humanitarian, educational, cultural, environmental, or social causes.

Public Entertainment Venue. "Public entertainment venue" means a commercial establishment designed and operated for the primary purpose of providing entertainment to the public, including, but not limited to, bowling alleys, movie theaters, concert halls, ice skating rinks, miniature golf, ax throwing venues, experiential venues like escape rooms, arcades, and similar spaces where individuals gather to engage in recreational or cultural activities.

Public Utility Structure and Installation. "Public utility structure and installation" means a facility, equipment, or structure owned or operated by public utility companies or agencies that provide essential services to the community. These may include facilities related to the generation, transmission, distribution, and provision of electricity, gas, water, sewage, telecommunications, and other essential utilities. Public utility structures and installations encompass a wide range of infrastructure, including power plants, substations, transformers, distribution lines, water treatment plants, pumping stations, sewage treatment facilities, telecommunications towers, and related equipment.

Rain Sensor or Rain Sensing Shutoff Device. "Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

Reasonable Accommodation. "Reasonable accommodation" means providing disabled persons flexibility or removal of constraints in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking areas or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would impose an undue financial or administrative burden on the City, or require a fundamental alteration in the nature of the City's land use and zoning program.

Record Drawing or As-Builts. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

Recreational Area. "Recreational area" means areas, excluding private single-family residential areas, designated for active play, recreation, or public assembly in parks, sports fields, picnic grounds, amphitheaters, golf course tees, fairways, roughs, surrounds, and greens.

Recreational Vehicle.

A.

"Recreational vehicle" means each of the following as defined in the California Vehicle Code, as the same may be amended from time to time:

1.

All-terrain vehicle;

2.

Bus;

3.

Camp trailer;

4.

Camper;

5.

Fifth-wheel travel trailer;

6.

Golf cart;

7.

House car;

8.

Motor truck;

9.

School bus;

10.

Semitrailer;

11.

Snowmobile;

12.

Tow truck;

13.

Trailer;

14.

Trailer coach;

15.

Trailer bus;

16.

Truck tractor;

17.

Utility trailer;

18.

Youth bus.

B.

Recreational vehicle also means any of the following:

1.

Horse trailer;

2.

Off-road motorcycle;

3.

Boat;

4.

Jet ski or other watercraft.

Recreational Vehicle, Oversized. "Oversized recreational vehicle" means any recreational vehicle, as defined in Section 22.04.442, that exceeds either: a height of 12 feet or a length of 35 feet.

Recycled Water, Reclaimed Water, or Treated Sewage Effluent Water. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference Evapotranspiration or ETo. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.

Rehabilitated Landscape. "Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Chapter 22.73 (Water Efficient Landscape), and the modified landscape area is equal to or greater than 2,500 square feet.

Religious Institution. "Religious institution" means a facility or place of worship that is primarily used for religious gatherings, ceremonies, worship services, and related activities conducted by a recognized religious organization. Such institutions may include churches, mosques, synagogues, temples, chapels, and similar places of religious assembly. Religious institutions may also encompass ancillary uses such as administrative offices, classrooms, meeting rooms, fellowship halls, libraries, recreational areas, and emergency shelters, provided that these facilities are directly associated with the religious activities of the organization. Additionally, religious institutions may engage in charitable, educational, and community outreach programs consistent with their religious mission.

Renewable Energy Operation. "Renewable energy operation" means a business involved in the generation, transmission, distribution, and storage of energy derived from renewable sources such as solar, wind, hydroelectric, geothermal, biomass, and alternative fuels. This category encompasses facilities and installations involved in harnessing renewable energy resources to produce electricity, heat, or fuel for various purposes, including residential, commercial, industrial, and municipal applications. Renewable energy operations may include solar farms, battery production, wind farms, hydroelectric power plants, geothermal facilities, biomass processing facilities, alternative fuels refining, and energy storage facilities such as battery storage systems.

Research Laboratory. "Research laboratory" means a facility dedicated to scientific investigation and experimentation aimed at advancing knowledge and understanding in various fields. These facilities typically house specialized equipment and infrastructure to conduct experiments, analyze data, and develop innovative solutions. Research laboratories may focus on a wide range of disciplines, including but not limited to, biology, chemistry, physics, engineering, medicine, environmental science, and technology.

Residential Care Facility. "Residential care facility" means a facility operated by a person with all required state and local agency approvals or licenses, where not more than six persons reside or receive care, not including the licensee or members of the licensee's family or persons employed as facility staff, or as defined and regulated by the California Health and Safety Code. Residential care facilities are intended to serve as a residence for individuals in need of assistance with daily living activities.

Residential Landscape. "Residential landscape" means landscapes surrounding single-family or multifamily homes.

Restaurant and Other Food and Beverage Service Establishment. "Restaurant and other food and beverage service establishment" means an eating and drinking establishment, including, but not limited to, a bona-fide public eating place, sandwich shop, café, coffee shop, catering operation, beer garden, or wine bar, but not including a bar or drive-through restaurant. Restaurants and other food and beverage service establishments are distinguished from bars and nightclubs by their focus on food service as the primary offering, or by only offering beer and wine.

Run Off. "Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

Sales Floor Area. "Sales floor area" means only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space.

Seasonal Sales. "Seasonal sales" means temporary retail activities conducted on a short-term basis, typically associated with specific seasons or holidays, such as Halloween, Christmas, or Easter. These sales may include the offering of seasonal goods or services, such as pumpkins, Christmas trees, wreaths, decorations, and related items. Seasonal sales activities are generally limited to a specific time period within the corresponding season and may be conducted in designated areas, such as parking lots or open fields.

Secondhand Stores. "Secondhand stores" means the retail sale of used appliances, clothing, and miscellaneous household or personal items. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

Sensitive Retail Uses. "Sensitive retail uses" means retail establishments that offer goods or services which may have specific regulatory or social considerations due to their potential impact on public health, safety, or welfare. These uses include tobacco shops, adult-oriented businesses, firearm dealers, and pawnshops.

Service Station. "Service station" means a place where gasoline or any other motor fuel, lubricating oil or grease for the operation of passenger vehicles is offered for sale to the public and deliveries are made directly into the vehicle, including lubrication on the site and the washing of automobiles where no chain conveyor, blower or steam cleaning device is used.

Shall. The word "shall" is mandatory and not directory.

Single-Room Occupancy. "Single-Room Occupancy," also referred to as an SRO, means a facility providing six or more dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered monthly or longer. Units exceeding 250 square feet shall provide full individual bathroom facilities. Otherwise, common bathroom facilities shall be provided in accordance with the California Building Code. Each unit shall have a separate closet. If individual kitchen facilities are not provided, common kitchen facilities shall be provided with at least one kitchen per floor. Two hundred square feet of common space shall be provided per floor. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten units, with at least one washer and dryer per floor. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. An SRO facility with ten or more units shall have an on-site manager.

Site. "Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

Site Area. "Site area" means the total horizontal area included within the property lines of a site.

Site Area Coverage. "Site Area Coverage" means the percent of the site area covered by structures that shall be measured by dividing the number of square feet of horizontal area covered by permanent structures, open or enclosed, by the total horizontal area within the property lines of the site.

Small Animal Farming. "Small animal farming" means the raising of chickens, rabbits and other grain-fed rodents and birds.

Soil Moisture Sensing Device or Soil Moisture Sensor. "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

Soil Texture. "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

Special Landscape Area. "Special Landscape Area" or "SLA" means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

Sprinkler Head or Spray Head. "Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

Stable. "Stable" means a structure accessory to a dwelling, used or designed to be used to shelter horses, including a corral or paddock.

State Licensed Transitional Housing. "State Licensed Transitional Housing" and "State Licensed Transitional Housing Development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, per subdivision (h) of Section 50675.2 of the California Health and Safety Code.

Static Water Pressure. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

Station. "Station," in the context of Water Efficient Landscape, means an area served by one valve or by a set of valves that operate simultaneously.

Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused under-floor space is more than six feet above the ground adjacent to the building for more than 50 percent of the total perimeter or is more than 12 feet above ground at any point, such basement, cellar, or unused under-floor space shall be considered a story.

Story, Half. "Half story" means that portion of a building under a gable, hip or gambrel roof, the top wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such building portion.

Street. "Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land.

Street Intersection. "Street intersection" means the intersection of the right-of-way or side lines of the street at a corner, or the intersection of a straight line extension of such right-of-way or side lines thereof.

Structure. "Structure" means anything constructed or erected which requires a location on the ground, including a building but not including a fence or a wall used as a fence.

Structure, Accessory. "Accessory structure" means an attached or detached subordinate structure, which is, subordinate in size and incidental to the use of the main structure or the main use of the land, and which is located on the same site with the main structure or use. Examples of attached accessory structures include, but are not limited to, unenclosed structures and unconditioned enclosed structures such as: decks that are 18 inches or more above grade, trellises, and patio covers/enclosures. Examples of detached accessory structures include, but are not limited to, those features permitted as attached accessory structures, as well as: garages, carports, storage sheds, greenhouses, and gazebos. The size of an enclosed accessory structure is defined as the floor area within the structure. The size of an unclosed accessory structure, such as a carport, gazebo, or deck, is defined as the structure's projected roof or deck area. In-ground swimming pools where no part of the pool and/or ancillary features is more than 18 inches above grade, are not defined as accessory structures for purposes of height, minimum yard and/or maximum coverage limitations.

Structure, Main. "Main structure" means a structure housing the principal use of a site or functioning on the principal use.

Submeter. "Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

Supportive Housing. "Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population (such as, veterans, persons with disabilities, and other vulnerable populations) as defined in subdivision (d) of Section 53260 and as per subdivision (b) of Section 50675.14 of the California Health and Safety Code, and that is linked to on-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.

Swing Joint. "Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral irrigation pipeline to allow movement in any direction and to prevent equipment damage.

Tasting Room. "Tasting room" means a room, facility, or outlet for the promotion of a farm's products by providing samples of such products to the public and for the sale of such products at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of products can be given complimentary or for a fee.

Tattoo Parlors. Establishments specializing in providing tattoos, body piercing or other similar service involving permanent coloring or adorning of skin or body parts.

Testing Laboratory—Cannabis. "Testing laboratory" means a business that holds a valid state license that offers or performs tests of cannabis or cannabis products and that is both of the following:

A.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

B.

Licensed by the bureau of cannabis control.

Tobacco-Related Products. "Tobacco-related products" are any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco; cigarette papers; or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco and products prepared from tobacco.

Transit Stop. "Transit stop" means a regularly scheduled bus stop, as posted in a transit agency's most current publication of routes and stops, including but not limited to Central Contra Costa Transit Authority's ("CCCTA") "County Connection" bus service.

Transitional Housing. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, per subdivision (h) of Section 50675.2 of the California Health and Safety Code.

Transmission Line. "Transmission line" means a system designed to impart direction to any energy, force, material, or substance for the purpose of conveying said items from one location to another location without the lines' output content being reduced, in comparison to line input content, by direct distribution to consumers.

Turf. "Turf" means a ground cover surface of mowed grass.

Usable Open Space. "Usable open space" means outdoor area on ground, roof, balcony, deck, or porch which is designed and accessible for outdoor living, recreation, utility space, pedestrian access, or landscaping. Such areas:

A.

Shall not include off-street parking space or driveways;

B.

Shall not include the required front yard nor the street side yard of any corner lot, except that any portion of such yard which is located beyond the first 16 feet may be included if it meets all other qualifications of usable open space;

C.

Shall have a minimum dimension of 12 feet in any direction and a minimum area of 200 square feet, provided:

1.

Balconies may be included if they have a minimum dimension of seven feet and a minimum area of 80 square feet; and

2.

Roof, deck and/or porch areas may be included if they have a minimum dimension of ten feet and a minimum area of 120 square feet and are designed to be accessible to and usable by the occupants of the building(s).

Use. "Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged, or for which either a site or a structure is or may be occupied or maintained.

Use by Right. "Use by right" means a development project that satisfies both of the following conditions:

A.

The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.

B.

The development project is not a project for the purposes of the California Environmental Quality Act (Division 13 [commencing with Section 10000] of the Public Resources Code).

Valve. "Valve" means a device used to control the flow of water in the irrigation system.

Vehicle and Vehicle Accessory Sales and Services. "[Vehicle and vehicle accessory sales and services]" means a commercial establishment primarily engaged in the sale, lease, rental, or service of motor vehicles, including automobiles, trucks, motorcycles, and recreational vehicles ("RVs"). This category also includes the sale of vehicle accessories, parts, and related products. Vehicle sales and service establishments may offer a range of services, such as vehicle maintenance, repair, customization, and installation of accessories. Additionally, these establishments may provide financing, insurance, and other related services to support vehicle ownership and operation.

Waiver, State Density Bonus Law. "Waiver" means modification(s) to City development standards that would physically prevent the construction of a State Density Bonus Law housing project at the density permitted with a bonus and any concessions, except where the waiver would cause a public health or safety concern, adverse impact on property listed in the California Register of Historical Resources, or would be contrary to the law. Waivers may include: decreased setbacks and/or increased floor area ratio and/or waiver of hillside regulations. Waivers cannot generally be denied unless the reduction/modification of the development standard would cause an adverse impact on the health, safety, or physical environment that cannot be mitigated.

Warehouse and Storage. "Warehouse and storage" means a facility involved in the storage, handling, and distribution of goods, materials, or merchandise. These establishments typically include buildings, structures, or outdoor spaces equipped with shelving, racks, containers, or other storage equipment. Warehouse and storage may also feature loading docks, truck bays, and administrative offices for managing inventory and logistics operations.

Waste Storage, Processing, and Disposal. "Waste storage, processing, and disposal" means a facility or operation that involves the collection, temporary storage, sorting, treatment, recycling, and final disposal of solid waste, hazardous waste, recyclable materials, and other waste streams. This includes but is not limited to landfills, transfer stations, composting facilities, recycling centers, waste-to-energy plants, incinerators, and any other facilities or activities involved in the management of waste materials.

Water Conserving Plant Species. "Water conserving plant species" means a plant species identified as having a very low or low plant factor.

Water Feature. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

Water Use Classification of Landscape Species ("WUCOLS"). "Water Use Classification of Landscape Species" or "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

Watering Window. "Watering window" means the time of day irrigation is allowed.

Width. "Width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Wholesale Establishment. "Wholesale establishment" means a business that primarily sells goods or merchandise to retailers, industrial users, commercial entities, institutions, or other wholesalers. These businesses may include warehouses, distribution centers, or similar facilities where goods are stored, sorted, or processed for wholesale distribution. They typically engage in bulk sales, offering products in large quantities or at discounted prices.

Wind Generator. "Wind generator" means the equipment used to convert wind energy into electrical power, including a rotor (e.g., propeller), support pole and/or wires, and all interconnection and auxiliary equipment.

Yard. "Yard" means an open space on the same site as a structure unoccupied and unobstructed from the ground upward, including a front yard, side yard, rear yard or space between structures.

Yard, Front. "Front yard" means a yard extending across the full width of a site, the depth of which contains all areas between the front property line back to the wall(s) of the building which are parallel or generally face the front property line. The minimum required front yard is an area extending across the full width of the lot between the front property line and the minimum required setback distance, as required by the applicable zoning district standards.

Yard, Rear. "Rear yard" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and line parallel thereto on the site.

Yard, Side. "Side yard" means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, to the rear property line of the site when no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Yard, Street-Side Side. "Street-side side yard" means a yard extending from the front yard to the rear property line, the depth of which contains all areas between the side property line of a corner lot back to the wall(s) of the building which are parallel or generally face the side property line. The minimum required side yard on the street side of a corner lot is an area extending across the full length of the lot between the street side property line and the minimum required street-side yard setback distance, as required by the applicable zoning district standards.

(Ord. No. 1458, § VII, 5-15-2024; Ord. No. 1459, § III, 6-26-2024; Ord. No. 1463, § III, 10-23-2024; Ord. No. 1464, § VIII, 10-23-2024; Ord. No. 1468, § VI, 1-15-2025; Ord. No. 1469, § VI, 4-2-2025)