For the purpose of this code, the words, phrases and terms included in this chapter shall be deemed to have the meaning ascribed to them by this chapter.

"Abandoned" means the cessation of the use of a property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of a property.

"Abut, adjoining or contiguous" means, in reference to real property, two or more lots sharing a common boundary line; with reference to two or more objects, the same shall mean in immediate contact with each other.

"Access" means the place or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property.

"Accessory building or structure" means any building or structure that is clearly incidental, related to, but subordinate to a permitted principal use and maintained on the same lot as the principal use; provided, that such building or structure is one-story; detached or inaccessible from the principal use; uninhabited; used as storage shed, playhouse, laundry room, or similar use; may not be rented or sold separately; and not be more than 120 gross square feet in size. An accessory building or structure does not include garages.

"Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel a single-family dwelling is situated. An accessory dwelling unit also includes the following:

"Accessory wireless equipment" means any equipment associated with the installation of a wireless communications facility including, but not limited to, cabling, generators, air conditioning units and equipment cabinets.

"Gross acreage" means the total land area within the lot lines of a parcel of land before the deduction of areas for public rights-of-way, easements, public parks, public school sites and any areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

"Net acreage" means the area within the lot lines of a parcel of land after all deductions are made. Deductions include public rights-of-way, public parks, public school sites, and any easement constituting impairment of the fee.

"Activity" means a business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building or structure.

"Addition" means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

"Adjacent" means a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

"Administrative Committee" means a committee made up of the City Engineer, City Planner and City Manager.

"Adult bookstore" means any business that sells or offers for sale, any book, magazine, pamphlet or other printed matter, or any picture, drawing, photograph or film, and which by advertising or otherwise purports to limit the sale thereof to persons who are 18 years of age or over.

"Adult care facility" means any facility licensed by the State and/or County that provides nonmedical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis.

"Advertising device" means balloons of any size or variety; flag; statuary; pennant; propeller; oscillating, rotating, pulsating light; topiary landscaping; or similar contrivance; including but not limited to signs held, waved or rotated by individuals used to attract attention for the purpose of promoting the sale or gifting of products or services.

"Alcoholic Beverage Control (ABC) license" means a license issued by the California Department of Alcohol Beverage Control for businesses selling, purchasing, importing, exporting, or conducting business with alcohol beverages which necessitates an ABC license.

"Alcoholism hospital" means an institution intended solely for the admission, diagnosis and intensive short-term treatment of patients addicted to excessive use of alcohol, and related conditions, licensed as such by the State of California. Also see "rehabilitation facility."

"Alley" means a public or private way, other than a street or highway, permanently reserved as a means of secondary vehicular access to adjoining properties.

"Alter or alteration" means the replacement or reconstruction of more than 50% of the combined area of all the exterior walls and roof of a building or structure in any five-year period. For the purpose of this definition, roof area shall be calculated as the horizontal area covering the floor area. A portion of a wall or roof is considered replaced or reconstructed when the framing has been replaced or reconstructed.

"Alternative health care provider" means locations where members of a profession provide alternative health services primarily of a preventative, treatment, therapeutic, or rehabilitative nature. Services are provided generally with one client at a time, generally for a minimum of one hour in duration including, but not limited to, physical therapists, sports therapists, chiropractors, acupuncturists, and acupressurists. This definition does not include design professionals, massage establishments, administrative offices or medical offices.

"Alternative transportation" means the use of modes of transportation other than the single-passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

"Ambulance service" means a facility whose primary function is to provide vehicle transport for wounded, injured or sick persons or animals. The facility typically operates 24 hours per day and provides on-site accommodations (i.e., sleeping, eating and bathing facilities) for employees.

"Amenity" means a natural or man-made feature which enhances a particular property.

"Amusement arcade" means a commercial establishment whose primary purpose is providing access to four or more amusement devices. Amusement arcades include, but are not limited to, video arcades, personal computer (PC) rooms, Internet arcades, or similar commercial gathering places where electronic games are played.

"Amusement device" means a device including, but not limited to, pinball machines, video games, computers, or other electronic apparatus used to play games, shuffleboards, pool tables, and similar devices which are coin or slug operated or for which charge or payment is received for the privilege of playing, using, or operating the same.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. The use of the premises as a kennel or a place where animals or pets are boarded for remuneration is not permitted.

"Animal sales and services" includes the following terms:

"Animal shelter" means a facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted animals. May include incidental activities including vaccination, training classes, spay/neuter services, and boarding services.

"Antenna" means any system of wires, poles, rods, reflecting discs, panels, microwave dishes, whip antennas or similar devices used for the transmission or reception of electromagnetic waves, including antennas relating to personal wireless services as defined by the federal Telecommunications Act of 1996, when such system is either external to or attached to the exterior of a structure (building-mounted or rooftop-mounted), or ground-mounted. "Antenna" includes devices with active elements extending in any direction, and includes directional beam-type arrays mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be a part of the antenna.

"Antenna array" means a group of antenna elements located on the same geometric plane.

"Antenna classes" means the various classes in which wireless telecommunications facilities and their attendant accessory wireless equipment are categorized based on observed aesthetic impacts. Antenna classes are as follows:

"Class 1 antennas" include the following:

"Antenna support" means any pole, telescoping mast, tower, tripod or any other structure that supports a wireless communication facility.

"Appeal" means a request by an interested party for a de novo review of a decision.

"Applicant" means a person who has applied for a building permit, business license, variance, conditional use permit, code amendment, certificate of zoning compliance, site plan review, or other permit or license issued by the City.

"Approval" means an approval or approval with conditions.

"Arbor" means a lattice frame or open trellis that can support climbing vines, used as a gateway to a yard or garden area. Dimensions shall not exceed eight feet in height, four feet in width and two feet in depth.

"Architectural feature" means any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.

"Architectural projection" means a building feature that is mounted on, and/or extends from the surface of the building wall or façade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, a marquee, porch, canopy or similar projection of a building.

"Bar area" means an area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for preparing and serving nonalcoholic beverages. Bar area shall include any seating area where tables and chairs are devoted to serving or consuming these beverages.

"Dining area" means the seating area including aisles within a restaurant, fast-food, or formula fast-food restaurant where food and beverages are served. This includes any outdoor area not located on the sidewalk.

"Seating area" means an area that is part of a restaurant that includes tables and chairs that are movable or where seats are bolted or otherwise fixed and immovable or an area of a religious facility that does not have permanent seats that are used for religious worship.

"Assembly hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters; and similar kinds of facilities whether available for public or private uses.

"Assessor" means the tax assessor of the County.

"Assisted housing" means units that are subsidized by federal, State, or local housing programs.

"Attendant parking" means a parking facility where a lot attendant parks vehicles for drivers. This term is used interchangeably with "valet parking."

"Athletic court facilities" means a quadrangular space walled, marked or designated for playing one of various games with a ball, such as basketball, tennis, volleyball or handball.

"Attic" means the area located between the top plate and the roof or ridge of a building. It does not include any area in which the top plate is more than three feet from the floor joists.

"Owner's authorized agent" means any person authorized to act for the owner of a property by virtue of a notarized statement of authorization, a proof of contract to purchase or a lease to the property.

"Auto sales" means the use of any building or land for the display and sale or long term lease of new or used automobiles, panel trucks or vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use. A long term lease is defined as no less than 24 months.

"Automated Teller Machine (ATM)" means a pedestrian-oriented machine used by patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.

"Automobile detailing" is an establishment which may include hand washing, waxing, and interior cleaning of vehicles.

"Automobile dismantling yard" means any premises used for automobile salvage/wrecking.

"Automobile repair" is the general repair of automobiles, including mechanical repairs, oil changes, tuneups, upholstery and installation of tires, batteries and accessories, including the repair of trucks less than one ton capacity. Includes body work and painting so long as activities are conducted entirely within an enclosed building.

"Automobile salvage/wrecking" is the dismantling or wrecking of one or more used motor vehicles or trailers, or storage, sale or dumping of one or more dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.

"Awning" means a permanent or temporary structure attached to and wholly supported by a building and installed over or in front of openings or windows, and consisting of a fixed or movable frame, and covered in canvas or other similar material.

"Bank" means a financial institution including savings and loan or credit union that provides retail banking services to individuals and businesses.

"Bar, tavern or cocktail lounge" means an establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, saloons, and taverns. This use includes establishments that have an Alcoholic Beverage Control license permitting the consumption of alcohol on the premises.

"Bar with live entertainment" means a bar, tavern, or cocktail lounge that provides incidental musical performances, where the performance area does not exceed 75 square feet and customer dancing does not occur. The use shall instead be classified as a nightclub if the performance area exceeds 75 square feet or customer dancing occurs.

"Basement" means a habitable and non-habitable space within a structure where less than one-half of the distance from its floor to ceiling is below grade. For the purpose of this code, a basement shall be counted as a story.

"Bedroom" shall mean any separate room normally used for sleeping purposes, whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term, specifically excluding, without limitations, dining room, living room, kitchen, hall, closet, powder room, pantry, kitchen nook, garage, and bathroom.

"Berm" means a mound of earth, usually two to six feet in height.

"Bikeway" means a paved pathway, usually separated from streets and sidewalks, designed to be used by bicyclists.

"Billiard parlor" means any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Such place of business may include, as an accessory use, any mechanical amusement device not otherwise prohibited by this code.

"Birds" shall include, but are not limited to, budgies, buntings, canaries, cardinals, cockatiels, cockatoos, conures, doves, finches, lorries, lorikeets, lovebirds, macaws, mynahs, parakeets, parrots, pigeons, sparrows, toucans, and weavers. Additional bird species can be considered as pets subject to approval from the Community Development Director.

"Block" is a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

"Boarding house or rooming house" means a dwelling unit where sleeping rooms are rented to individuals under three or more separate rental agreements or leases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include household, residential care facility; group home; community care facility; emergency shelter; sober living facility; transitional housing; hotel, motel, single room occupancy or extended lodging facility as these terms are defined in this code.

"Boat" means a vehicle for traveling in or on water, not exceeding 30 feet in body length, eight feet in width, or 11 feet in overall height. Height includes the trailer, if the boat is mounted on a trailer. A vehicle exceeding in size any portion of the above definition is not deemed incidental to a dwelling unit.

"Boat trailer" means a vehicle without motive power, designed to carry a boat whether or not so occupied at any one time. This does not include trailers used for carrying persons or property (other than a boat) or as a human habitat.

"Body branding" means impressing or burning a mark or figure on the skin of a person with a hot object or flame.

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

"Body scarring" means any method by which a scar is applied to or left upon a body.

"Buffer area" is an area of land used to visibly separate one use from another or to shield noise, lights or other possible nuisances.

"Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or property of any kind.

"Building Code" means the Uniform Building Code as it is incorporated or as it may be amended in the future within this code.

"Building footprint" means the total area on the first or ground-level floor of a building, as measured from the exterior face of the exterior walls.

"Building frontage" means the measurement of linear feet of the building or buildings that front onto a street, not including driveways and pedestrian courtyards between buildings.

"Building height measurement" means a vertical distance as measured from the grade plane to the average height of the highest roof surface as shown in the figure below.

"Building length" means façade articulation, including separations, changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables that interrupts flat walls and roofs of excessive length.

"Building line" means that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right-of-way, no structure shall be erected or constructed except as set forth herein.

"Main building" means a building in which is conducted the principal use permitted upon the lot upon which it is situated.

"Building Official" means the chief officer and City administrative authority who is designated with responsibility of management, administration and enforcement of the Building Code and associated standards and regulations.

"Building pad" means the relatively flat buildable portion of a lot, not exceeding a five percent grade, created with the original subdivision. Retaining walls used to increase pad size shall not exceed three feet in overall height as measured from top of wall's foundations to the top of wall, unless otherwise approved by the Planning Commission.

"Principal building" means a building where the primary use of a site is conducted.

"Building site" means the ground area of a lot excluding required front, side and rear yards.

"Building setback area" means the area of a lot between the building line and abutting street right-of-way, extending the full width of such or parcel.

"Buspool" means a vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route.

"Café" means the same as "retail eating establishment."

"Camouflage design techniques" means measures used in the design and siting of wireless telecommunications facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. Such techniques may include but are not limited to one or more of the following:

"Carnival" means an operation within a common perimeter, not completely within a structure, of rides, entertainment, food service and games of skill or any combination thereof.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.

"Car wash" means a building and related facilities for the primary purpose of washing automobiles.

"Catering service" means a business in which the primary function is to prepare food for distribution off the premises. It shall not include a business in which the primary function is the sale of individual meals or portions thereof on the premises.

"CC&R" means conditions, covenants and restrictions which establish a set of private regulations for the development and use of private property.

"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. For the purposes of this code, a cellar shall not be counted as a story, unless it is used as habitable space.

"Cell site" means transmitting and receiving antennae with associated equipment.

"Cellular" means an analog or digital wireless communication technology that provides services such as two way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and facsimile.

"Cemetery" means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.

"Centerline" means the centerline, as determined by the City Engineer, of any street, highway or alley.

"Charitable institution" means a nonprofit or philanthropic organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit-making organizations.

"Check cashing facility" means a person or business that for compensation engages in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check cashing facility does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. A retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a flat fee as a service that is incidental to its main purpose or business is also considered a "check cashing facility."

"Child day care facility" means a facility that provides nonmedical care for children under 18 years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, family day care homes, infant centers, preschools, extended day care facilities and school age child care centers.

See "assembly hall" for definition.

"City" means the City of Monterey Park.

"City Engineer" means the person(s) designated by the City Manager as the City Engineer, or a duly designated representative, to fulfill the duties of City Engineer in compliance with the Municipal Code. The City Engineer manages the various functions of the Engineering Division of the Public Works Department and performs other related duties as required.

"Clerk" means the City Clerk of the City.

"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.

"Private club or club house" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fee and dues, regular meetings, and a constitution and by-laws. This term does not include a group organized primarily to render a service customarily carried on as a commercial enterprise.

"Cluster development" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

"Collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. A collection facility may include reverse vending machines, mobile collection facilities, kiosk type units, unattended containers and other small collection facilities which occupy an area of not more than 500 square feet. Materials may be accepted for compensation or as donations and are intended for transfer to a larger facility for processing. A collection facility is intended for day-to-day collection of materials and does not include power-driven processing equipment. A group of seven or less reverse vending machines shall be considered a small collection facility.

"Co-location" means installing more than one wireless telecommunications facility for more than one applicant on a single antenna support.

"Commercial development(s)" means a development that contains two or more of the following uses: retail, office, restaurant, entertainment, or community facilities in a unified development without a residential component.

"Commercial entertainment" means provision of spectator entertainment for commercial purposes. This use includes theaters, concert halls, cinemas, nightclubs, or comedy clubs.

"Indoor commercial recreation" means provision of indoor participant or spectator recreation that is operated as a business and open to the public for a fee. This classification includes billiard parlors, bowling alleys, and ice- or roller-skating rinks and karaoke uses.

"Outdoor commercial recreation" means provision of outdoor participant or spectator recreation that is operated as a business and open to the public for a fee. This classification includes amusement parks, carnivals, circus, fairgrounds, golf courses, miniature golf courses, and outdoor swimming pools.

"Commercial uses" means a business open to the public or members where an interchange of goods, wares, products or services occurs by purchase and sale.

"Commission" means the Planning Commission.

"Common area" means land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

"Common facility" means a noncommercial use established primarily for the benefit and enjoyment of the community in which it is located, typically utility or service use oriented.

"Communal housing" means nonfamily groups with or without common kitchen and dining facilities but without medical, psychiatric or other care. Communal housing is considered a boardinghouse.

"Communications equipment buildings" means buildings housing operating electrical and mechanical equipment utilized in conducting a public utility communications operation.

"Communications facility(ies)" means broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities and wireless telecommunications facilities. This use includes radio, television, or recording studios, and telephone switching centers.

"Community care facility" means a community care facility as that term is defined in Health and Safety Code Section 1502.

"Community center" means a facility operated to provide recreational, cultural or other similar activities.

"Community Development Department" means the Community Development Department of the City.

"Community facility(ies)" means a public or semipublic use that serves the community and generates substantial pedestrian usage along the sidewalk, these facilities may include libraries, museums, community rooms, educational facilities, cultural institutions, post office, community centers, child day care facilities, fitness centers, and transit terminals.

"Compost" means biologically decomposed organic material which includes grass clippings, leaves and other garden debris and which may also contain vegetable and fruit refuse.

"Composting facility" means a facility that accepts garden, wood and other organic waste to reprocess into soil additives, wood chips, or other products.

"Computer assembly" means the manufacture of computer hardware, including any machinery necessary for the operation of an information system. For purposes of this Zoning Code, computer assembly is considered light manufacturing.

"Computer design" means the creation of computer equipment, systems and programs (software). Computer design is considered research and development.

"Conditionally allowed" means a discretionary approval granted by the Planning Commission which allows a use or activity not allowed by right, based on specified findings.

"Condominium" means a building or group of buildings owned on a proportional basis with a specific benefit of ownership being the right to occupy or own an individual unit(s) located within the structure(s).

"Conference/convention facility" means a building or area designated to accommodate large groups of people usually for social occasions, or the exchange of information related to professional or commercial activity. Such a facility typically contains various large assembly halls, conference rooms, and food service facilities.

"Congregate care facility" means a housing development of five or more dwelling units which is planned, designed and managed to include facilities and common space that maximize the residents' potential for independent living. The facility may be occupied by senior citizens or handicapped persons or households. The direct services that are provided or made available shall relate to the nutritional, social, recreational, housekeeping and personal needs of the residents, and shall be provided or made available at a level necessary to assist the residents to function independently. "Direct services" means meals, housekeeping services, transportation services, and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. Support services are social services, day care services and in-home services which the management of the congregate housing shall assist the residents in obtaining at the request of the residents.

"Convalescent facility" means the same as nursing and convalescent hospital, licensed as such by the State.

"Copy center" means a commercial establishment that provides services such as document copying, word processing, scanning, binding, sorting, laminating, mounting and other similar services; computer terminal rentals are not included in this term.

"Council" means the City Council of the City.

"County" means the County of Los Angeles.

"Court" means an area which is open and unoccupied by any building or structure, bounded on three or more sides by the exterior walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.

"Lot or site coverage" means the percentage of a site covered by roofs, soffits or overhangs extending more than three feet from a wall, and by decks more than four feet in height. Roofs with openings or perforations 50% or greater of their surface area, pools, or hot tubs shall not be included in lot coverage calculations.

"Cultural institution" means establishments such as a museums, art galleries, and botanical and zoological gardens of historic, educational or cultural interests which are not operated for profit.

"Cultural resource" means any structure, portion of a structure, improvement, district, or any grouping of structures or improvements related to one another by virtue of their sharing of common characteristics or uses, and any natural feature, landscape, site, area or object of scientific, aesthetic, educational, cultural, architectural, landscape architectural, archaeological, or historic significance to the citizens of the City and the State, the Southern California region or the nation which is listed in the National Register or is eligible for listing in the National Register.

"Day/health spa" means any premises, place of business or membership club providing facilities devoted especially to health, beauty, and relaxation that deals with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments. A day/health spa shall be classified as a medical office land use.

"Day treatment hospital" means a place intended solely for the admission and treatment of patients with mental illness or mental disorder, who are provided with a daytime program of organized treatment, activities and supervision under medical direction, but are not permitted to remain overnight, licensed as such by the State.

"Defensible space" means a physical space which is made usable and safe by means of a design encouraging pedestrian circulation, visual access and the elimination of visually obstructed areas.

"Demolition" means an act or process that destroys, moves, or razes in whole or in part a building, structure, or site or permanently impairs its structural or architectural integrity.

"Density" means the number of dwelling units on a lot in relation to the lot size, expressed in units per acre. If a street dedication is required, density shall be calculated using the size of the lot prior to the street dedication.

"Density bonus" means a density increase over the otherwise maximum allowable residential density for a property under this title and the Land Use Element of the General Plan as of the date the development application for the project is deemed complete, as permitted pursuant to Chapter 21.18.

"Density bonus units" means additional units that may be allowed to be built if the density bonus is granted.

"Design" means architectural features; street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreation purposes, if required; and such other specific requirements in the plan and configuration of an entire project as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan.

"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks City approvals for all or part of a residential or commercial development.

"Development" means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning Code.

"Development agreement" means an agreement entered into between the City and a developer pursuant to California Government Code Section 65864.

"Development standard" means a site or construction condition that applies to a residential or commercial development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation.

"Disabled person" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.

"Disabled vehicle" means a vehicle which is not operable, by reason of the removal of, or damage to, integral component parts.

"Dismantle" means the removal or stripping of one or more component parts from a vehicle.

"Discretionary approval" means a decision in which the approving entity or person can use their judgment in deciding whether and how to carry out or approve a project.

"Drive-through business" means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services.

"Driveway" means a private roadway providing direct access for vehicles to a parking space or garage. On residential properties, the width of a driveway cannot extend beyond the width of the garage.

"Drought tolerant plant material" means those plants that tolerate heavy clay to sandy soils with use of limited supplemental water. Said plants are able to thrive with deep, infrequent watering once their root systems are established (three to twelve [12] month average time period). Plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in the City.

"Dry cleaning or laundry establishment" means an establishment or business maintained for the pick-up, delivery, dry-cleaning and laundering of fabrics and apparel.

"Dry cleaning or laundry plant" means a central processing facility for cleaning of clothing and fabrics collected from and returned to patrons and to dry cleaning and laundry establishments.

"Inert solid dump" means an area devoted to the disposal of non-water soluble, non-decomposable inert solids such as natural earth, rock, sand and gravel; paving fragments; concrete, brick; plaster and plaster products; steel mill slag; glass; asbestos fiber and products therefrom.

"Rubbish and refuse dump" means an area devoted to the disposal of decomposable organic refuse and scrap metal, or inert solids and decomposable organic refuse.

"Multi-family dwelling" means a building containing two or more dwelling units where each unit is for the use of individual households.

"Single-family dwelling" means a dwelling unit designed for occupancy by not more than one household. Single-family detached units do not share a wall with other single-family units. Single-family attached units are attached to one or more other one-family dwellings by a common vertical wall.

"Dwelling unit" means a structure intended for residency by one family or household containing one or more habitable rooms designed and intended to be occupied by a household or single family with sleeping, kitchen and sanitation facilities. Kitchen facilities include cooking appliances and a sink that measures 200 or more square inches in surface area, or a sink that measures less than 200 square inches in surface area augmented by an automated dishwasher. Sanitation facilities include a toilet, bathtub and/or shower. The dwelling unit contains a maximum of one kitchen. All habitable rooms must be internally accessible from within the dwelling unit. "Dwelling unit" includes manufactured housing and mobile homes when used for human habitation.

"Easement" means a grant of one or more of the property rights by the property owner to the public, a corporation, or another person or entity, and/or for the use by the public, a corporation, or another person or entity.

"Eave" means the projecting lower edge of a roof overhanging the wall of a building.

"Educational institution" means any public, private or parochial, elementary, junior high, high school, college or university giving general academic instruction in the several branches of learning, but excluding trade schools.

"Electrical distribution substation" means an assembly of equipment which is part of a system for the distribution of electrical power where electrical energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Electrical transmission substation" means an assembly of equipment which is part of a system for the transmission of electrical power where electrical energy is received at very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, the high voltage is transformed to a lower sub-transmission voltage for purposes of supplying electrical power to large individual consumers, interchange connections with other power producing agencies or electrical distribution substations.

"Elevation" means a flat scale drawing of the front, rear or side of a building or structure.

"Employee parking area" means the portion of total required parking at a development used by on-site employees.

"Employer-sponsored child care center" means any child day care facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers and employees of that employer.

"Enclosed" means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.

"Entertainment" means activities which are open to the members of the public with or without charge and any of the following:

"Environmental" includes the following:

"Expansion" means, as applied to development, increasing the scope or size of an existing or proposed use, structure, parking, signage, etc.

"Extended lodging facility" means any building or portion of any building with access provided through a common entrance, lobby or hallway to one or more guest rooms which are designed, occupied, used or intended to be used, rented or hired out as weekly or monthly accommodations for guests, subject to the following maximum continuous length of occupancy:

"Façade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within a building.

"Façade mounted antenna" means a wireless telecommunications facility mounted on to the façade of a building or structure.

"Fair Housing Law" means existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(1).

"Family day care home" means a home that regularly provides care, protection and supervision for 14 or fewer children in the provider's own home for periods of less than 24 hours per day while the parents or guardians are away.

"Financial uses" means a commercial use which is primarily an establishment for the deposit, custody and issue of money in the form of cash, checks, loans, notes and other mediums of exchange. All banks, savings and loans, thrift associations and credit unions are financial institutions.

"Fitness center" means establishments which charge fees for providing fitness activities including weight training, aerobics, jazzercise, saunas, running, martial arts, weight loss programs and similar physical exercise activities, and may also be referred to as "health club" or "health center." Fitness center shall not include massage establishment.

"Floor area" means the sum of the gross areas of the floor or several floors of a building or buildings measured from the exterior faces of walls, including elevator shafts or stairwells at each floor, floor space in penthouses and attic space with headroom of eight feet or more, and excluding cellar or basement space, open balconies, or off-street parking.

"Gross floor area" means the total floor area of all the floors of a building including the surrounding walls.

"Net floor area" means the gross floor area of a building or structure, minus elevator shafts, stairwells, floor area intended and designed for the parking of motor vehicles, interior balconies, and electrical and mechanical equipment rooms. "Net floor area" shall also exclude open interior pedestrian walkways, lobbies, plazas and interior balconies, such as those found in enclosed shopping malls, office and hotel lobbies and atrium buildings, which exceed minimum code requirements for hallways and passageways.

"Floor area ratio (FAR)" means the total net floor area on a zoning lot divided by the gross area of that lot (prior to any required dedications for street or utility rights-of-way).

"Street frontage" means the width of the front lot line of a lot which abuts a street or highway.

"Fundraising event" means a sale of goods or services for a charitable, religious, educational, cultural, civic or political purpose.

"Game arcade" means any establishment having four or more electronic or mechanical games of skill.

"Private garage" means any building with three enclosed sides and with an operable overhead access door or doors on the fourth side, which is used or intended to be used for automobile shelter in conjunction with a dwelling. The required door or doors shall be of the hinged or roller type.

"Public parking garage" means a building used exclusively for the temporary parking of automobiles, that is permanently open on at least one side.

"Repair garage" means any building used for general automotive repair and shall not include painting, body and fender work, or truck repair.

"Storage garage" means any building used exclusively for the storage of vehicles.

"Gated communities" means any residential area, neighborhood or collection of residential units in the single-family residential zone wherein access into the development is regulated and/or restricted. Access to the development may be regulated and/or restricted by such means as a guarded entry, mechanically operated gate, mechanical arm or other means, as approved by the City.

"Controlled access gate" means any mechanism or gate that inhibits direct vehicular access to on-site parking facilities or parking structures on a residential street.

"Security gate" means any mechanism (i.e., fence, etc.) used solely for the protection of property, materials, or a specific area of a nonresidential site which is not intended to inhibit public access to and from said site during normal business hours of said site. Security gates are intended to prohibit entry after normal business hours.

"Golf course" means a tract of land used for playing golf, usually improved with tees, greens, fairways, hazards and accessory uses such as but not limited to driving range, clubhouse, food service, maintenance buildings, pro shop, meeting rooms and tee box shelters.

"Gender" means when consistent with context, words in the masculine gender include the feminine and neutral genders.

"General Plan" means the adopted General Plan of the City in accordance with the State Planning and Zoning Law.

"Government or public facility" means offices or uses established by any governmental or public entity which are established to provide direct service to the public at a particular location. Examples of public facilities and uses include, but are not limited to, the following:

"Grade" means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

"Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance.

"Green roof" or "living roof" means a roof of a building that is partially or completely covered with vegetation and soil or other growing medium over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

"Grocery store" means a retail establishment, of less than 15,000 square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than 10% of the entire square footage of the establishment. See "Supermarket."

"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

"Ground floor" means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the adjoining sidewalk. If a sloped site, the ground floor elevation is measured at the point of entry.

"Group home" means "community care facility."

"Guest room" means a unit in a hotel, motel, extended lodging facility or boardinghouse containing one or more rooms, which provides no kitchen facilities and which is designed and utilized as a single unit to be rented to persons primarily on a daily or weekly basis.

"Guest parking" means parking spaces provided with a residential unit for intermittent use by visitors.

"Gunsmith" means a person who repairs, modifies, designs, or builds firearms. A gunsmith does factory level repairs, renovation (such as applying metal finishes), and makes modifications and alterations for special uses. Gunsmiths may also apply carvings, engravings and other decorative features to an otherwise finished gun. This occupation is different from an armorer. The armorer primarily maintains (disassembly, cleaning) weapons and limited repairs involving parts replacement and possibly work involving modifications to make the weapon more accurate. For the purposes of this Zoning Code, "gunsmith" will be considered to include "armorer."

"Guyed tower" means a wireless telecommunications tower that is supported in whole or in part by guy wires and ground anchors.

"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

"Habitable room or space" means a room or space in a structure for living, sleeping, eating and/or cooking.

"Handicapped" means persons, as defined in United States Code, Title 42, Section 423, as disabled and as defined in the California Health and Safety Code, Section 50072.

"Hardscape" means decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Zoning Code. Hardscape elements include, but are not limited to natural features such as rock, slate and stone and structural features such as art works, benches, fences, fountains, reflecting pools, screens, swimming pools, walls and crushed granite.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

See "building height."

"Highway" means the same as "street."

"High visibility" means any of the following wireless communication facilities:

"Home occupation" means the conduct of a business enterprise within a dwelling unit which is incidental and subordinate to the principal residential use.

"Homeowner's association" or "owner's association" means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, and/or facilities.

"Homeless person" means the same definition as set forth in 42 U.S.C. Section 11302.

"Hospital" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short-term care in acute medical, surgical and obstetrical services, but shall not include the treatment, other than on an emergency temporary basis, of alcoholic or mental patients or drug addicts.

"Hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway to one or more guest rooms which are designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for guests. Hotel facilities include banquet and meeting rooms, restaurant, coffee shops, retail uses, and lobby and entertainment bars.

"Household" means a single housekeeping unit where occupants of a dwelling unit have established social ties and familiarity with each other; jointly use common areas (e.g., living room, dining room, kitchen); interact with each other; share meals, household activities, expenses, and responsibilities. Additionally, membership within a household is stable instead of transient, and the residential activities of the household are conducted on a not for profit basis. Examples that a household is not operating as a household include, without limitation, the occupants do not share a lease agreement or ownership of the property, occupants stay less than 180 days, or occupants have separate, private entrances from other residents.

"Household pets" means any domesticated animal commonly kept in a residential area which includes, but is not limited, to a dog, cat, bird, ferret, pig, canary, parrot, or hamster. It shall not include any animal life which is, or could be, dangerous to life or limb.

"Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.

"Indirect illumination" means illumination only by means of light cast upon an opaque surface from a concealed source.

"Inclusionary requirement" means a requirement that a certain portion of residential units be affordable to a determined economic segment of the community.

"Individual with a disability" means a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

"Infant" means a child between zero and seventeen (17) months.

"Infrastructure" means permanent physical improvements required to serve the population of the City, including, but not limited to, circulation, utilities, and public facilities.

"Improvement" means any building, structure, wall fences, steps, paving, gate, sign, light, general arrangement of place or area, the kind of texture or quality of building material, landscaping, hardscape, or work of art or other object which may be erected upon or proposed to be erected upon any specific real estate.

"Incentive or concession" means a relaxation of development standards or zoning requirements for affordable housing projects that meet the requirements of Chapter 21.18, which results in identifiable cost reductions where such incentives and concessions are consistent with the General Plan, including, without limitation, reductions in setback; square footage or lot size requirements; the ratio of vehicle parking spaces that would otherwise be required; or approval of mixed use zoning if commercial, office or other land uses would be compatible with the housing project as well as the existing or planned development in the area where the proposed housing project will be located.

"Intensification of use" means an enlargement or alteration to an existing structure where an increase in required number of parking spaces is required or the change would result in additional vehicular trips, or change of use where the new use requires an increase in the number of required parking spaces or would result in additional vehicular trips.

"Internet arcade" means an establishment that provides four or more computers and/or electronic devices for rent or charge to access that system generally known as the "Internet," play video games, view and send electronic mail and utilize other types of computer software programs. Internet access arcade shall not include sexually oriented businesses as defined in this title. Internet access arcade is also referred to as Internet game arcade, Internet access studio, cyber cafe, cyber center, electronic gaming facility, PC arcade and PC café.

"Kennel" means a place where three or more dogs, four months of age or older, or where five or more cats, four months of age or older, are kept.

"Key nodes" mean key intersections, as identified in the pedestrian linkage plan for mixed-use developments and commercial developments, including, but not limited to, the intersections at Garvey Avenue and Garfield Avenue, Atlantic Boulevard and Garvey Avenue, and Atlantic Boulevard and Hellman Avenue.

"Key tenant" means a business which leases or owns, or proposes to lease or own, at least 20,000 square feet or 20% of the project site, whichever is less, such that its needs will determine the site design and building design and layout, which acts as an "anchor" tenant by generating customers or patrons for the smaller satellite businesses in the project, and whose participation will substantially affect the financial feasibility of the project.

"Kitchen" means any room or space within a building designated, intended to be used or used for the cooking or the preparation of food.

"Dry laboratory" means a laboratory where dry materials, electronics. and/or large instruments are tested and analyzed, with limited piped services. Dry laboratories may require controlled temperature and humidity as well as dust control.

"Wet laboratory" means a laboratory where chemicals, drugs or biological matter are tested and analyzed, and which typically requires water, direct ventilation, specialized piped utilities and protective measures.

"Land use plan" means a plan, adopted in the General Plan, showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.

"Landscaped area" means an area upon which landscaping is required to be continuously maintained.

"Landscaping" means the planting and maintenance of some combination of natural vegetation, such as trees, shrubs, vines, ground covers, flowers or lawns. In addition to such plant life, the combination or design may include natural features, such as rock and stone, and structural features, including but not limited to fountains, reflecting pools, art works, screens, walls, fences and benches. When natural and structural features are used in addition to plant life, the plant life shall be predominant.

"Landscaping plan" means a plan which indicates the type, size and location of vegetative and accent material proposed for the landscaping of a site including all irrigation and other devices necessary to maintain such landscaping.

"Lattice tower" means a guyed antenna tower or self-supporting three- or four-sided, open, steel frame support structure used to support telecommunications equipment.

"Laundromat" means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

"Lease line" means lineal measurement of that portion of a building façade which encloses the area leased by a single business.

"Linear foot" means the horizontal length of a building face.

"Live/work unit" or "live/work units" mean a unit, which combines living quarters with artist studios, professional offices, software/media offices or small retail uses. Live/work units are typically located in a small scale, mixed-use building and help transition between a busy street and a residential area. Live/work units are required to have the workspace on the ground floor with living space on one or two stories above and must be occupied by the same individual(s) who occupies the living quarters. Live/work units may be built as attached townhomes.

"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of access.

"Logo" means a symbol, design, or graphic representation, which may include text that identifies a business, activity, or company.

"Long-term facility" means an institution of one-patient capacity or more intended primarily for the admission of chronic mentally ill, or mentally disordered or other incompetent persons who are provided medical care, nursing services and intensive supervision, licensed as such by the State of California.

"Lot or parcel of land" means a recorded lot or parcel of real property under single ownership, lawfully created as a required by the Subdivision Map Act and City ordinances, including this Zoning Code. (See also figure within this section) Types of lots include the following:

"Lot area" means the total horizontal area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof:

"Lot depth" means the horizontal distance measured between the midpoints of the front and rear lot lines.

"Lot line or property line" means any recorded boundary of a lot. Types of lot lines are as follows:

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.

"Low visibility" means any of the following wireless telecommunications facilities:

"Low water flow irrigation" means a system of watering plant material using drip/trickle, reduced water emitting devices, low precipitation heads, soaker lines, or other similar mechanisms, which restricts the amount of water in gallons per minute to allow for deep percolation into the soil. The low water flow irrigation system will reduce water loss through evaporation, wind drift and overwatering.

"Major development" means: (1) a nonresidential building (e.g., commercial, office, industrial, public/quasi-public) 25,000 square feet or more; (2) a mixed-use project regardless of the commercial square footage and number of residential units; (3) a commercial shopping center either of five or more commercial tenant spaces or on a lot greater than one acre.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is at least eight feet wide, 40 feet long, and 320 square feet in area, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and which includes its own plumbing, heating, air conditioning, and electrical systems. Manufactured home includes a mobile home but does not include a recreational vehicle (as defined in California Health and Safety Code Section 18010).

"Heavy manufacturing" means the transformation of raw materials into finished goods and any manufacturing use operated in such a way that it produces noise, dust or other pollutants or products capable of harming or annoying adjacent uses.

"Light manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, assembly and packaging of such products, and incidental processing of extracted or raw materials.

"Map" means the Zoning Map of the City.

"Mapped street" means a future street which is laid out and delineated on the General Plan, on a map of such size, scale and detail that the precise alignment of such street is ascertainable.

"Map Act" means the Subdivision Map Act of the State.

"Massage" means a method of treating the external parts of the body for remedial, relaxation or hygienic purposes consisting of rubbing, stroking, kneading or tapping or other means of touching external parts of the body with the hand or any instrument.

"Massage establishment" means and includes any massage establishment, parlor, or any room, place or institution where massage is given or administered by a massage technician as a service provided within a business establishment.

"May" is permissive.

"Mechanical equipment" means any heating, ventilating, cooling, refrigeration systems, pool or spa equipment, or other miscellaneous appliances which are placed outside a building.

"Medical and/or dental clinic" means any facility providing physical health service, or medical, surgical or dental care of the sick or injured, but shall not include in-patient or overnight accommodations. Medical clinic includes health center, health clinic, doctors' and dentists' offices but shall not include medical marijuana dispensaries.

"Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel pursuant to the Subdivision Map Act.

"Minor modification" means a discretionary approval granted by the City Planner which allows a slight modification or minor deviation up to 10% to certain development standards of this Zoning Code when just deviation constitutes reasonable use of the property not permitted under the strict interpretation of the Zoning Code. See Chapter 21.32, Permit Procedures.

"Mixed-use development(s)" means a development which combines residential uses with one or more of the following uses: retail, office, entertainment, restaurant, or community facilities. A mixed-use development may be arranged vertically (ground-level retail, office, restaurant, entertainment, or community facility with residential uses above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential uses as part of a unified development project). Mixed-use developments shall include, but are not limited to, the following:

"Mixed-use facility" means a commercial use in a single enclosed building in which a single tenant engages in each and all of the following uses: office use, storage of goods and merchandise, and retail use.

"Mobile home" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790, including manufactured homes. Mobile home does not include recreational vehicles (as defined in Section 18010 of the California Health and Safety Code) or a commercial coach or commercial modular (as defined in Section 18001.8 of the California Health and Safety Code).

"Model home sales complex" means residential units and a sales office in a development which are temporarily used to illustrate the design of the units to potential homebuyers during initial sale of units.

"Monopalm" means a monopole camouflaged to resemble a palm tree.

"Monopine" means a monopole camouflaged to resemble a pine tree.

"Monopole" means a freestanding structure composed of a single spire or pole without guy wires and ground anchors and used primarily to support a wireless telecommunications facility.

"Monorock" means a wireless telecommunications facility camouflaged to resemble one or a grouping of rocks.

"Monoshrub" means a wireless telecommunications facility camouflaged to resemble one or a grouping of shrubs or bushes.

"Motel" means one or more buildings containing guest rooms with one or more guest rooms or units, each having a separate entrance leading directly from the outside of the building or from an inner court, which facilities are designed, accompanied, used or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. One unit, for use by a manager may have kitchen facilities. Motel includes auto courts, motor lodges and tourist courts.

The owner and/or operator of each motel shall maintain a written record which indicates the date and time each and every customer checks into and out of the motel. The owner and/or operator shall allow authorized representatives of the City to inspect such record during reasonable business hours for the purpose of determining compliance with the provisions of this chapter.

"Motor vehicle" means a machine capable of self-propulsion, with or without human guidance, whether for the performance of work or as a mode of transportation.

"Mulch" means shredded or chipped wood from tree branches and trunks from uncontaminated wood products or lumber; this material is often mixed with leaves and grass clippings for optimal effect.

"Multi-phase development" means a development project that is constructed in increments, each increment capable of existing independently of the other.

"Multi-tenant" means any building occupied by more than one business.

"Nonconforming building or structure" means a building or structure, or portion thereof, which was lawfully altered or constructed in accordance with the zoning regulations of the City in effect as of the time of construction or alteration, but which does not conform to the regulations contained in this title.

"Nonconforming land" means a parcel the size, dimensions or use of which was lawful prior to the adoption, revision or amendment to the Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the Zoning Code.

"Nonconforming use" means the utilization of any lot, structure, building or improvement lawfully established and in use prior to the time this title becomes effective, or having had a nonconforming status under prior zoning regulations, but which utilization, due to the application of this title thereto, or any amendment hereto, does not comply with all of the regulations currently applicable to the zone in which the use is located.

"Non-profit organization" means an association, organization or persons that hold a valid nonprofit organization status document from the State, who are so associated for a charitable, religious, educational, cultural, civic or political purpose.

"Notice" means whenever written notice is required to be given hereunder, the same shall be given by personal service thereof upon the person, or persons, to be notified, or by the United States mail, postage prepaid, addressed to such person, or persons, at his or her last known address as shown upon the latest available assessment roll of the County; such notice shall be conclusively deemed to have been given upon the same being deposited in the course of postal transmission.

"Notice of appeal" means a written statement, filed on a prescribed form, appealing an action or decision of the Planning Commission or City Planner.

"Written notice" means a written statement deposited by United States mail, postage prepaid, addressed to the last known address of the designated addressee.

"Retail nursery" means a retail and service business which specializes in vegetation, plants, shrubs and trees and various items for garden maintenance.

"Nursing and convalescent hospitals" means any place or institution which provides bed accommodations for one or more chronic or convalescent patients, who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental or communicable diseases, including contagious tuberculosis, shall not be admitted or cared for in nursing and convalescent hospitals.

"Oath" includes affirmation.

"Off-sale alcoholic beverage establishment" means any establishment which has obtained an Alcoholic Beverage Control (ABC) license to sell alcoholic beverages in an unopened container for consumption off the premises. Typical off-sale uses include, but are not limited to, the following establishments: food markets, supermarkets, drugstores, liquor stores and convenience markets.

"Office" means a commercial use where a building, room or series of rooms is used to conduct business and where usually no more than three persons are served at one time in an individual room.

"Administrative office" means office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent or telecommunications-based activities. Examples of these uses include: airline, lodging chain, rental car company reservation centers (but not including retail travel agencies), computer software and hardware design and development, consumer credit reporting data processing services, health management organization (HMO) offices where no medical services are provided, insurance claim processing, mail order and electronic commerce transaction processing, telecommunications facility design and management, and telemarketing. These do not include medical offices.

"Headquarters office" means an office which serves as the regional, national or international office of the business. The office must serve as the focal point for the business's operation for a sizeable geographic area.

"Medical office" means a building, site or tenant space designated specifically for use by health care professionals for human outpatient services including, but not limited to, medical doctors, dentists, and medical clinics. Diagnosis (such as X-ray and laboratory) or surgical facilities may be provided on site, but overnight care may not be provided.

"Office of Permit Assistance (OPA)" means the State of California Office of Permit Assistance.

"Office of Planning and Research (OPR)" means the State of California Office of Planning and Research.

"Professional office" means office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: accounting, auditing and bookkeeping services, advertising agencies, attorneys, business associations, chambers of commerce, commercial art and design services, construction contractors (office facilities only), counseling services, court reporting services, detective agencies and similar services, design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, financial management and investment counseling, literary and talent agencies, management and public relations services, media post-production services, news services, political campaign headquarters, psychologists, secretarial, stenographic, word processing, and temporary clerical employee services, security and commodity brokers, writers and artists offices. These do not include medical offices.

"Service office" means establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. These uses do not include banks, financial services, financial institutions (retail), financial institution/corporate offices, and medical uses, which are separately defined. These do not include medical offices.

"On-sale alcoholic beverage establishment" means any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises, including, but not limited to, any facility which has obtained an Alcoholic Beverage Control (ABC) license for consumption on the premises. Typical on-sale uses include, but are not limited to, the following establishments: restaurants, ballrooms, dance bars, piano bars, billiard and/or game parlors, nightclubs or other private clubs, and veterans clubs.

"On-sale alcoholic beverage establishment—Wine tasting" means any establishment wherein alcoholic beverage samples are given away for consumption on the premises and in conjunction with instruction on the wine being sampled.

"Common open space" means useable open space which is for the use of the residents of three or more dwelling units.

"Private open space" means outdoor space which is intended for the exclusive use of the residents of a dwelling unit which adjoins it and has access to it and is enclosed by a fence or wall or view-obscuring hedge at least four feet six inches in height.

"Useable open space" means the following:

"Outdoor dining/seating" means the outdoor area where tables, chairs and aisles are located within a designated, fenced or otherwise enclosed, area immediately adjacent to a restaurant or fast-food restaurant where food and beverages are served.

"Outdoor structure/facilities" means awnings or canopies made of wood, metal or similar materials; furniture; tents; shade umbrellas; and similar types of structures, including, without limitation, lighting and heating improvements that can be fixed to the ground in specified locations, as determined by the Community Development Director, or designee.

"Overlay Zone/District" means a set of zoning requirements that is described in the text of the Zoning Code, is mapped and is imposed in addition to those requirements of the underlying district.

"Owner" means the person bearing legal title to real property. The owner shall be responsible or complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his/her agent.

"Parapet" means the vertical extension of external walls of a building that rise above the roof level.

"Parcel" means an area of land, the boundaries of which have been legally established in conformance with the Subdivision Map Act.

"Tentative parcel map" means a map made for the purpose of showing the design and improvement of a proposed subdivision which need not be based upon an accurate or detailed final survey of the property.

"Vesting parcel map" means a map which meets the requirements of Government Code Section 66452 and confers a vested right to develop.

"Parking" means the stopping or stationary location of a vehicle.

"Private parking area" means an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.

"Public parking area" means an area used for the parking of vehicles and available for general public use, either free or for remuneration.

"Off-street parking space" means a readily accessible area on a lot, not including driveways, ramps, loading or work areas, delineated and maintained exclusively for the parking of one automobile.

"Tandem parking space" means a parking space located so that it abuts a second parking space, such that vehicular access to that second space can only be made through the abutting (tandem) space.

"Parking structure" means a structure used for the parking of vehicles where parking is accommodated on two or more levels.

"Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes. The publicly owned area located between the curb and the right-of-way line of any public street.

"Enclosed patio" means a one-story nonhabitable structure, enclosed on all exposed sides, that is attached to a building on at least one side.

"Pedestrian realm" means a 12 through 15 foot wide area located between the face of the curb of a major arterial street and the face of the building and a 10 foot wide area between the face of the curb of transitioning minor arterial streets and the building within the pedestrian linkage plan area. The pedestrian realm includes any parkway, sidewalk, and landscaped areas. The pedestrian realm may include both public and private property where the public right-of-way is not 12 through 15 feet wide.

"Permitted healthcare resident" means a person hired to provide live-in, long-term, or terminal healthcare to a senior citizen or a qualified permanent resident. The care provided by a permitted healthcare resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment or both.

"Permitted use" means any use allowed in a zoning district by right and subject to the restrictions applicable to that zoning district.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, public utility, or any other group or combination acting as a unit, except the City.

"City Planner" means the Community Development Director of the City or designee acting on behalf thereof.

"Planning Commission" means the same as commission.

"Plot plan" means a diagram of a lot, as seen from above, showing the outline of all structures on the lot and indicating the distance of the structures from the borders of the lot.

"Plural" means when consistent with the context, words in the plural include the singular.

"Podium level" means any structural deck over a parking area.

"Police Department" means the law enforcement agency of the City.

"Portable canopy" means a prefabricated structure consisting of a supporting frame in which a solid durable material is attached for the purpose of providing protection from natural elements.

"Precise plan" means a specific development schematic or plan for all or a portion of a parcel of land.

"Preferred location" means, with regard to siting of wireless telecommunications facilities, any of the following:

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space marking for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

"Processing" means, when used in reference to a commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more saleable or usable.

"Promotional event" means any event or activity, such as an antique, art, fashion or sport show, which is intended to attract business to a location, but which event or activity does not involve the sale of merchandise outside of a building. Such event may also include incidental sales of goods by individual exhibitors who do not use the premises as a permanent place of business.

"Promotional sale" means a sale, conducted outside of a building, of goods and services, by a person holding a valid City business license.

"Psychiatric hospital" means an institution intended primarily for the admission, diagnosis and intensive short-term treatment of patients with mental illness or behavior or emotional disorders.

"Public park" means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the City, the County, the State or other public agency.

"Public storage (mini-storage)" means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers leased or rented to the public as individual storage spaces for personal and/or other property. The goods and materials stored are not intended for redistribution, resale or other commercial activity. No other activity other than the storage described above except incidental sales and rentals is intended for a public storage facility.

"Public utility service yard" means any building or premises used for the office, warehouse, storage yard or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use.

"Public utility structure" means any substation, equipment housing building, or similar structure used or operated by a public utility.

"Qualified permanent resident" means a person who is residing with a senior citizen and who is 45 years of age or older, or is a spouse, cohabitant or person providing primary physical or economic support to the senior citizen, or a disabled person who is a child or grandchild of the senior citizen.

"Quarry" means any place on a lot where dirt, soil, sand, gravel, rock or other similar material is removed by excavation or otherwise. Quarry shall not include:

"Radio frequency" means electromagnetic waves in the portion of the spectrum from 300 kHz (kilohertz) to 300 GHz (gigahertz).

"Reasonable accommodation" means any request by, or on behalf of, a disabled person for a reasonable deviation from the City's strict application of its land use or building regulations as set forth in this code, or as adopted by reference in this code, in order for such disabled person to use and enjoy a dwelling.

"Record" means the recordation by the County Recorder of the County.

"Recreational vehicle" means a vehicular unit not exceeding 40 feet in body length, or 10 feet in width, primarily designed as a temporary living quarters for recreational, camping or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Length shall be measured from bumper to bumper on self-propelled vehicles and from bumper to tongue on towed vehicles. Recreational vehicle includes motor home, truck camper, travel trailer and camping trailer. A vehicle meeting the above definition except for size is not deemed incidental to a dwelling unit.

"Recycling center" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. The recycling facility does not include storage container or processing activities located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

"Refuse collection service yard" means any premises or building used for office, warehouse, storage or maintenance garage for trash collection services only.

"Rehabilitation facility" means a 24 hour facility licensed by the State, specifically for the social rehabilitation of persons through training, therapy or guidance to enable them to reenter society as a productive individual, and where such persons reside at the facility for not more than one year and receive direct supervision from persons, some, or all, of whom reside at the facility.

"Religious institution" means a building, or portion of a building, used for large scale public or private gatherings of people primarily for religious worship and related religious activities. Religious institution is subject to the requirements for "assembly hall."

"Repair" means the work necessary to restore a vehicle to a usable condition.

"Research and development" means uses engaged in the research, analysis, development and/or testing of a product.

"Residential care facility" means a residential facility as that term is defined in Health and Safety Code Section 1502.

"Restaurant" means an eating establishment which is regularly used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for meals. As used in this definition, "meals" means the usual assortment of food commonly ordered at various hours of the day. The serving of only such foods as sandwiches or salads shall not be deemed in compliance with this requirement. As used in this definition, the word "guests" means persons who during the hours when meals are served, come to a restaurant for the purposed of obtaining, in good faith, a meal.

"Fast food restaurant" means an establishment whose principal business is the sale of prepared, "take-out" or rapidly pre-prepared food served in disposable packaging directly to the customer, for consumption either within the restaurant or off the premises.

"Restoration" means the process by which an excavated right-of-way and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to acceptable conditions given the applicable guidelines and standards.

"Resurface" means the grinding of a portion of the upper layers of existing asphalt pavement and overlay with new asphalt. The term "resurface" does not include a slurry overlay.

"Retail eating establishment" means a retail sale commercial business that prepares and sells quickly-prepared foods and/or beverages which are consumed on-site and/or off-site, with gross floor area of less than 1,500 square feet and with dining area less than 50% of gross floor area.

"General retail uses" means commercial uses where commodities, goods and articles are sold for consumption or use directly by the public.

"Reverse vending machine (RVM)" means six or fewer automated mechanical devices which accept one or more types of empty beverage containers and issue a cash refund or another type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. See also "small collection facility."

"Right-of-way" means a corridor, either public or private, on which a right of passage has been recorded.

"Roof" means the external upper covering of any building or structure.

"Roof-mounted antenna" means an antenna with its support structure placed directly on the roof of any building or structure.

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

"Commercial school" means a business establishment where instruction is given, in exchange for payment of a fee. Examples of subjects taught include, but are not limited to, dance, computer skills, music, and martial arts.

"Private school" means any building or group of buildings the use of which meets State requirements for primary, secondary or higher education and which does not secure the majority of its funding from any governmental agency.

"Public school" means any building or group of buildings the use of which meets the State requirements for primary, secondary or higher education and which secures the majority of its funding from a government agency.

"Vocational school" means any building or group of buildings the use of which is to train students for special trades, such as printing, mechanics, cooking, etc.

"Screening" is a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

"Secretary" means the Secretary of the Planning Commission, who is the City Planner.

"Senior or senior citizen" means a person 62 years of age or older or 55 years or older in a senior citizen housing development or a qualified permanent resident.

"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that have at least 35 dwelling units. Any senior citizen housing development which is required to obtain a public report under Business and Professions Code Section 11010 and which submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a senior citizen housing development under Business and Professions Code Section 11010.05. All qualifying senior citizen housing developments must have significant facilities and services for seniors.

"Service network" means a wireless telecommunications transmission system operated by a service provider in a community or jurisdiction.

"Service station" means a place of business where motor vehicle fuel is sold and delivered into the fuel tanks of motor vehicles.

"Service uses" are commercial uses where the general public exchanges payment for work done or performed. Beauty and barber shops; travel, real estate, employment and insurance agents; studios and schools shall be considered service industries.

"Setback" means the distance from a defined point or line governing the placement of buildings, structures, parking, or uses on a lot.

"Shared parking" means a situation where the same parking spaces can be utilized by two or more different uses and/or businesses due to the differing peak hours of operation of the uses involved.

"Shopping center" is a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

"Sidewalk" means a paved surface or leveled area paralleling and usually separated from the street used as a pedestrian walkway.

"Sign" means any device for visual communication, other than billboard outdoor advertising structure.

"Single-family residence" means an attached or detached building not to contain more than one kitchen where the occupants of the dwelling unit live and function together as a household.

"Single room occupancy" means a residence, building, or accessory building other than a motel, hotel, or extended lodging facility, wherein three or more rooms, with or without individual or group cooking facilities are rented to individuals on a non-permanent basis, under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental agent is in residence or building. SRO is subject to the additional limitations specified in Section 21.10.040.

"Singular" means when consistent with the context, words in the singular number shall include the plural.

"Site" means any plot or parcel of land or combination of contiguous lots or parcels of land.

"Site plan" means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulations including lot lines, streets, building sites, reserved open space and other specific development proposals.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed by a ratio, percent or degrees.

"Sober living facility" means a group home for persons who are recovering from drug and/or alcohol addiction and who are considered handicapped under State or Federal law. Sober living homes do not include the following: (1) licensed community care facilities; (2) any sober living facility that operates as a household; or (3) any facility that provides the services set forth in 9 California Code of Regulations Section 10501(a)(6). All occupants, other than the house manager, must actively participate in recognized recovery programs including, without limitation, Alcoholics Anonymous or Narcotics Anonymous, and the sober living facility must maintain current records of meeting attendance. The sober living facility's rules and regulations must provide that refusal to actively participate in such a program is cause for eviction and prohibit the use of any alcohol or any non-prescription drugs at the sober living home. These rules and regulations must be posted on-site in a common area inside the dwelling unit.

"Solar collector" means a fixed device or structure, or part of a device or structure, which is used primarily to transform solar energy into thermal, chemical or electrical energy.

"Solar energy system" means a complete design or assembly consisting of a solar energy collector, energy storage facility, or other solar energy device, and associated components, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Based on this statutory definition, solar energy systems include, but are not limited to:

"Solid fence" means a wood or masonry fence with no openings.

"Solid (inert) fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.

"Solid fill project" means any operation on a parcel of land where more than one thousand cubic yards of solid fill materials are deposited for the purpose of grading or reclaiming of land.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the State legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (which includes the City).

"Special parking study" means an evaluation whose need and content is determined by the City Engineer because of special circumstances that could result from the intended land use, resulting in a higher or lower parking rate than otherwise required by this code due to special operating characteristics. Such study shall require an application and be accompanied by a filing and processing fee in the amount set by resolution of the council.

"Specific plan" means an adopted plan for a specified area or neighborhood within the corporate limits of the city in accordance with the State Planning and Zoning Law.

"State" means the State of California.

"Store" means to keep or locate for future use.

"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 the ceiling or roof above. For the purposes of this title, story includes a basement but not a cellar.

"Street" means a public or private way permanently reserved as a primary means of vehicular access to adjoining property. Street shall not include alley.

"Streetscape" means that portion of the net lot area and improvements that is exposed to view from the street.

"Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

"Subdivision" means the division by any person or partnership, firm, corporation, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock more existing dwelling units to a stock operative.

"Tract subdivision" means a subdivision which creates five or more parcels to be developed as a whole by an owner or builder.

"Substantially enlarge" means the increase in floor area occupied by the business by more than 10% of its floor area as it exists on the effective date of this code.

"Supermarket" means a retail establishment, of at least 15,000 square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than 10% of the entire square footage of the establishment. See "grocery store."

"Swap meet" means collective retail sales or exchange of merchandise by individual vendors occupying separate sales spaces that are not divided by permanent walls. These uses include both indoor and outdoor swap meets, conducted on either a permanent or recurring basis. See Chapter 21.32, Permit Procedures.

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

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

"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

"Telecommunications tower" means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless communication facility antennas.

"Temporary antenna" means an antenna no larger than three cubic feet and accessory wireless equipment that is a temporary (not more than ninety [90] days) or mobile unit intended to provide coverage on an interim basis until a permanent facility to provide coverage for the same general area is operational, or in connection with a special event of a temporary duration (not more than thirty [30] days). The definition of "temporary antenna" does not include temporary emergency use antennas.

"Temporary emergency use antenna" means a wireless telecommunications facility approved by the City Planner on a temporary basis as necessary during an emergency declared or determined under applicable law.

"Temporary event" means an activity:

"Temporary structure" means a structure without any foundation or footings which will be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Tenant" means the lessee of facility space at an applicable development project.

"Tenses" means when consistent with the context, words used in the present tense include the past and future tenses, and words in the future tense include the present tense.

"Terracing" means an erosion control method that uses small hills and contours on the land surface to control flooding and runoff.

"Topography" means the configuration of a surface area showing relative elevations.

"Tot lot" means an improved and equipped play area for small children.

"Townhouse" means a dwelling unit with one or two common walls, and which has direct exterior access, private yards and no common floors or ceilings with other units.

"Toxic" means something capable of producing injury, illness, or damage to humans, domestic livestock or wildlife through ingestion, inhalation or absorption through any body surface.

"Tract" means an area, parcel, site, piece of land, or property which is the subject of a development application.

"Trade school" means a public or private school offering instruction in the technical, commercial and/or trade skills, such as real estate, business and secretarial, electronics, automotive and aircraft, medical and dental, and similar commercial establishments.

"Trailer or mobile home park" means any lot where trailer or mobile home sites are rented or leased, or offered for rent, lease or sale.

"Trailer or mobile home site" means that portion of a trailer or mobile home park designated for use or occupancy of one mobile home and including all appurtenant facilities thereon.

"Transfer station" means an area, including any necessary building or structure, for the temporary storage and the salvage of rubbish, garbage or industrial waste.

"Transitional area" means an area which acts as a buffer between two land uses of different intensity.

"Transportation demand management (TDM)" means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in the case in telecommuting or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single occupant vehicles.

"Truck, trailer and equipment rental yard" means a business conducted primarily in an open area, where trucks, trailers, various mechanical, landscaping and construction equipment and tools are stored or offered for rent, lease or sale.

"Commercial unit" means a space occupied by a business enterprise(s) located within a building or portion of a building with direct access from the outside or from a common interior accessway intended for use by the general public. A commercial unit shall have the following features: a completely enclosed room or interconnecting rooms with lockable doors to common accessways or the exterior, full walls from floor to the ceiling, independent cooling and ventilation controls, independent lighting which is controlled within the unit itself, and independent utility hook-ups.

"Use" means the utilization of a lot, building, structure or any other improvement upon a lot, or any combination thereof. The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

"Accessory use" means a use of the site, land or of a building which is: (1) clearly incidental and subordinate to the principal use of the land or building; (2) located on the same lot with the principal use; (3) not a generator of significant additional motor vehicle trips, parking needs, or adverse environmental impacts; and (4) occupies equal to or less than 49% of the area of the principal use in the O-P Zone or less than 10% in other commercial zones. Where more than one accessory use occurs on a site, the total aggregate of all accessory uses must be equal to or less than 49% in the O-P Zone and equal to or less than 10% in other commercial zones. (See also "principal use" and "building, principal.")

"Principal use" means a primary or predominant activity which occurs at a site. Such a use must be listed in the land use matrix, or determined to be similar to a listed use. Otherwise a zone change shall be required. Such use must occupy a minimum of 51% of the building. A site or parcel may not have more than one principal use. (See also "building, principal.")

"Utility building and facility" means a building or land used for private or public utility purposes, but not including wireless communication facilities.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.

"Variance" means a discretionary entitlement, usually granted by the Planning Commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based upon specified findings. See Chapter 21.28, Permit Procedures.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

"Domestic veterinary services" means a place where animals or pets commonly kept in a residential area are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use (also includes "animal hospital").

"Warehouse" means a commercial or manufacturing unit used for the storage of goods and merchandise that is not accessible by interior door to office or retail uses.

"Warehouse and sales outlet" means a business which stores large inventories of goods in an industrial-style building where these goods are not produced on the site but are offered to the public for sale.

"Whip antenna" means an antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape and are less than three inches in diameter and measure up to six feet in length, including the mounting. "Whip antenna" also includes "omni-directional," "stick," or "pipe antenna."

"Wholesale uses" are establishments or places of business primarily engaged in selling relatively large quantities of merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. In the O-P Zone, storage of the merchandise being sold from the premises is permitted provided the storage area does not exceed 49% of the floor area of the building and the wholesale trade office and/or showroom for the stored merchandise is in the same building, and showroom for the wholesale trade establishment is a separate room with direct access to the exterior of the building.

"Primary window" means a window serving a living room, dining room, or family room.

"Secondary window" means a window serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area.

"Wine tasting" means the furnishing to customers instruction on the history, nature, values, and characteristics of wine, as well as instruction concerning the methods of presenting and serving the wine when samples of the subject wines are furnished to customers.

"Wireless communications facility" means any facility that transmits and/or receives electromagnetic waves, including, without limitation, commercial wireless communications antennas and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment cabinets, pedestals, meters, tunnels, vaults, splice box, surface location marker, equipment, equipment buildings, parking areas and other accessory development.

Exceptions: The term "wireless communications facility" does not apply to the following:

"Wireless telecommunications facility right-of-way setback" means the minimum distance required between a private property line and a wireless telecommunications facility in the public right-of-way, as measured perpendicular from the private property line.

"Writing" means any form of message recorded in English and capable of visual comprehension.

"Yard" means an area upon a lot, other than a court, required as a front, side, or rear yard which is landscaped and maintained unoccupied and unobstructed from the ground upward without any encroachments except as expressly authorized in this title.

"Front yard" means a yard extending across the full width of the front lot line of a lot. The depth of a required front yard shall be the specified horizontal distance measured between the front lot line and a line parallel thereto, on the lot. The existing front yard orientation of any lot shall not change, regardless of whether the lot is consolidated with other lots.

"Rear yard" means a yard extending across the full width of the rear lot line of a lot. The depth of a required rear yard shall be the specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot.

"Yard sale" means an accessory residential use providing for the temporary sale of personal goods. This use is commonly referred to as "garage sale."

"Side yard" means a yard extending from the rear line of a required front yard, or the front lot line where no front yard is required to the front line of the required rear yard, or the rear lot line where no rear yard is required. The width of a required side yard shall be the specified horizontal distance measured between each side lot line and a line parallel thereto on the lot.

"Commercial Zone" or "C Zone" includes N-S, S-C, C-B, R-S, C-S, and C-P.

"Zoning map" or "map" means the official zoning map of the City adopted by this title.

"R Zone" includes R-1, R-2, and R-3 Zones.