Oakley, CA Zoning Ordinance

Construction and Use of Tenses.

The definitions in this section govern the construction of this chapter, unless the context otherwise requires.

Unless the natural construction of the word indicates otherwise, the present tense includes the future and the plural number the singular.

Words and Phrases Defined.

"Accessory"

shall mean that which belongs to something else deemed principal or something additional or accompanying as a subordinate.

"Agriculture"

shall mean the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incident but not including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of animal matter, or any other industrial use which may be objectionable because of odor, smoke, dust, or fumes.

"Agricultural Accessory Structure"

shall mean a structure that is detached from a principal structure (dwelling) on the same lot, and customarily incidental and subordinate to the principal structure, and shall be used for storage of items typically used for agricultural uses (i.e., tractors, fertilizer, etc.).

"Small Animal Structures"

shall mean a chicken house, rabbit hutch, or similar accessory structure for similar small animals.

"Large Animal Structures"

shall mean a barn, stable or other building or accessory structure used to shelter livestock.

"Apartment Building"

shall mean a detached building designed and used exclusively for dwelling purposes by families occupying separate suites or apartment units, but not more than sixteen (16) suites or apartment units shall be contained in one (1) detached building.

"Apartment Building Group"

shall mean two (2) or more detached single family buildings, duplexes, or suburban apartment buildings occupying a parcel of land in one (1) ownership, with common yards.

"Apartment Unit"

shall mean a separate suite, including kitchen facilities, designed for and occupied as the home, residence, or sleeping place of one (1) or more persons living as a single housekeeping unit.

"Apiary"

shall mean bees and hives wherever they are kept, located, or found.

10.

"Arbors"

are considered accessory structures and shall mean open trellis-like elements that can be used to emphasize building entries or outdoor activity spaces.

11.

"Area of Elevation"

shall mean the total height and length of a building as viewed from off-site.

12.

"Assembly Use"

shall mean a land use that includes regular gatherings where fifty or more persons assemble as a group to participate in, listen to or view an event, such as a class, meeting, show or worship service. An assembly use does not include a use where persons commonly arrive and leave at varying times, such as when shopping or dining.

13.

"Aviary"

shall mean a coop, cote, pen, cage, or other similar enclosure, used to house one (1) or more birds (including pigeons) other than poultry.

14.

"Awnings"

shall mean opaque canvas or synthetic fiber coverings that provide shade from sun and protection from the elements.

15.

"Birds"

shall mean a small, domesticated household pet such as songbirds and large tropical birds.

16.

"Breezeway"

shall mean a porch or roofed passageway open on the sides for connecting two buildings such as a house and garage.

17.

"Building"

shall mean any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or personal property.

18.

"Building, Accessory"

shall mean a subordinate building the use of which is incidental to that of a main building on the same lot. May include storage sheds, equipment enclosures, detached garages, gazebos, animal enclosures, and accessory living quarters without kitchen facilities. This does not include a second dwelling unit.

19.

"Building Height"

shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the structure with exceptions noted elsewhere in this Code.

20.

"Building Overhang"

shall mean any portion of a structure (including appurtenant structures) that abuts and extends over the foundation line of the building.

21.

"Building Site Area"

shall mean the total land area of the property available for development of buildings, parking and landscape.

22.

"Cemetery"

shall mean land that is used or dedicated for any one (1), or a combination of more than one (1), of the following land uses:

A burial park for earth interments;

A mausoleum for crypt or vault interments;

A columbarium for cinerary interments.

23.

"City Boundary"

shall mean the boundary of this City and the boundary of any incorporated municipality within this City.

24.

"City Limits"

shall mean the limits of an area occupied by a city or town.

25.

"Clubs" and "Lodges"

shall mean meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth and senior centers.

26.

"Communication Facilities"

shall mean broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities (see definition for "Utilities, Major"). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; cell phone towers; and land use facilities supporting antennas and microwave dishes that send and/or receive radio-frequency signals. Communication facilities include structures (a.k.a. monopole, towers) and accessory buildings.

27.

"Condominium"

shall mean an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office, warehouse or store. A condominium may include, in addition, a separate interest in other portions of such real property.

28.

"Contractor’s Yard,"

including "Corporation Yard," "Public Utility Yard" or "General Service Yard" shall mean buildings and premises used for the storage and maintenance of equipment and materials involved in construction, installation, maintenance, and/or landscaping, on other property.

29.

"Court"

shall mean an open space, other than a yard, on the same lot with a building or buildings, which is unoccupied and unobstructed from the ground upward.

"Inner Court"

shall mean a court enclosed either in whole or part on all sides by buildings.

"Outer Court"

shall mean a court that extends to a street line or extends to or opens on a front, side, or rear yard.

30.

"Development"

shall mean any new construction or exterior change, modification or exterior expansion of an existing building.

31.

"District"

shall mean a portion of the unincorporated territory of the City within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not permitted; portions of certain yards and other open spaces are required; and certain minimum lot areas and maximum heights are established for buildings and structures, under the regulations of this Zoning Ordinance.

32.

"Dog Fancier"

shall mean a person owning or keeping three (3) or more dogs over the age of six (6) months:

As pets;

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

For working and hunting; or

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

33.

"Duplex"

shall mean a detached building or part of it, designed for occupation as the residence of two (2) families living independently of each other.

34.

"Entertainment Niche"

shall mean an internal recess in a wall constructed specifically for the purpose of housing home entertainment and/or electronic devices.

35.

"Farming"

small shall mean horticulture on a small area of land and the raising and keeping of fowl, rabbits, and other grain-fed rodents (See Section 4-A-1.3(11)).

36.

Fence(s)

shall mean a vertical, freestanding barrier or enclosure constructed of wood, masonry or metal which supports no load other than its own weight.

"Closed Fence"

shall mean a fence in which more than fifty percent (50%) of the total surface area of the fence is solid material that cannot be seen through when viewed perpendicular to the face of the fence.

"Open Fence"

shall mean a fence in which openings between the materials of which the fence is constructed represent not less than fifty percent (50%) of the total surface of the fence when viewed perpendicular to the face of the fence. For the purposes of example only, an open-picket style fence consisting of vertical slats or board measuring four inches across would be considered an open fence if there were at least four inches of open space between each picket.

37.

"Fowl"

shall mean a species of the avian family such as a chicken, duck, peacock, goose, turkey, or pheasant that is used as food or hunted as game.

38.

"Front and Side of Corner Lots"

shall mean the narrowest frontage of a lot facing the street is the front and the longest frontage facing the intersecting street is the side, regardless of which direction the structure faces.

39.

"Frontage"

shall mean the front of a building/lot or property line abutting on a public street or a private street, other than the side line of a corner lot.

40.

"Funeral Home"

shall mean an establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.

41.

"Greenway" or "Greenbelt"

shall mean linear open space that either connects Oakley’s recreation facilities or protects scenic or biotic resources. Wherever possible, the greenways should provide recreational opportunity and/or preserve habitat. Greenways should not be leftover pieces of land that have no connection to other components of Oakley’s trail and park system or habitat areas. Greenways should be dedicated along major riparian and drainage corridors, existing canal and railroad right-of-ways and as agricultural buffers.

42.

"Hotel"

shall mean a building or part of it containing six (6) or more guest rooms designed, intended to be used, or used by six (6) or more persons for money, goods, services, or other compensation. Excepted are buildings where occupants are housed or detained under legal restraint, buildings for the refuge, maintenance, or education of needy, aged, infirm, or young persons, and buildings where patients or injured persons receive medical or surgical treatment.

43.

"Improvement"

shall mean a building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical addition to real property, or any part of the physical addition.

44.

"Industry, Marine-Related"

shall mean establishments primarily engaged in the manufacture of marine-related parts or products. This classification excludes boat yards.s

45.

"Kennel"

shall mean any lot, building, structure, enclosure, or premises where one (1) or more dogs or cats are kept or maintained for commercial purposes, excluding places where veterinarians board animals for medical care only; or where over twenty (20) dogs or over twenty (20) cats over the age of six (6) months are owned or kept;

Whenever commercial dog kennel is used in this Code, it refers to kennel as defined in this section.

46.

"Large Animals"

shall mean domesticated animals, such as cattle or horses, raised for home use or for profit, especially on a farm. For the purposes of this Zoning Ordinance, "large animals" and "livestock" shall have the same meaning.

47.

"Legal Nonconforming Business"

shall mean a business that does not conform to these regulations and that was in existence in a lawful manner prior to adoption of this section.

48.

"Livestock"

49.

Lot, definition of; dimensions of; area of.

Defined. "Lot" shall mean a piece, parcel, tract, or division of land, including one (1) delineated or described as a single integral unit on a subdivision map, and two (2) or more considered as one (1) pursuant to the standards set forth in the "Lot" subsection for each District described below.

Right-of-way excluded. No part of a lot within an existing or proposed public road, street, highway, right-of-way, or easement shall be used to satisfy minimum area, yard, dimensional or coverage requirements.

Lot, average width. "Lot Average Width" is the total area of the lot divided by the depth of the lot.

Lot depth or Depth. "Lot depth" or "Depth" shall mean the distance between the front and back lot lines, measured at the front setback line.

Lot frontage or Frontage "Lot frontage" or "Frontage" shall mean the distance measured between the two (2) points on the principal road, street, or access that are farthest apart.

50.

Manufactured Home; Manufactured Home Park; Site.

Mobile Home; Mobile Home Park; Site.

"Manufactured Home" or "Mobile Home"

shall have the same meaning for the purposes of this Zoning Ordinance.

"Manufactured Home" or "Mobile Home"

shall mean any vehicle which is forty or more feet in overall length at its longest point or which exceeds eight feet in width at its widest point, is designed or used for human habitation, whether self-propelled or drawn by a motor vehicle, is intended for permanent or semipermanent use, and which has no foundation other than wheels and temporary stabilizing units.

"Manufactured Home Park" or "Mobile Home Park"

shall mean any parcel of land, five acres or more, comprising a parcel or contiguous parcels used, designed or intended to accommodate manufactured homes.

"Manufactured Home Site" or "Mobile Home Site"

shall mean any portion of a manufactured home park designated or used for the occupancy of one manufactured home and approved structures in connection with such use.

"Manufactured Homes" or "Mobile Homes"

outside of the Mobile Home Residential District (MH) shall be affixed to a permanent foundation and subject to the City of Oakley’s Residential Design Guidelines.

51.

"Marina"

shall mean a boat basin with docks, mooring facilities, supplies and equipment for small boats.

52.

Map Symbols.

"Agricultural Limited Residential District AL"

is AL

"Single family residential district R-6"

is R-6

"Single family residential district R-7"

is R-7

"Single family residential district R-10"

is R-10

"Single family residential district R-12"

is R-12

"Single family residential district R-15"

is R-15

"Single family residential district R-20"

is R-20

"Single family residential district R-40"

is R-40

"Multiple family residential district M-9"

is M-9

"Multiple family residential district M-12"

is M-12

"Multiple family residential district M-17"

is M-17

"Manufactured Home residential district MH"

is MH

"Affordable Housing Overlay district AHO"

is AHO

"Commercial Downtown district CD"

is CD

"Retail-Business district RB"

is RB symbol C

"Business Park High district BPH"

is BPH

"Business Park Low district BPL"

is BPL

"Commercial Recreation, Aquatic CR-A"

is CR-A

"Commercial Recreation, Non-Aquatic CR-NA"

is CR-NA

"Light Industrial district L-I"

is LI

"Utility Energy district UE"

is UE

"Public and Semi-Public district P"

is P

"Agriculture Preserve district A-4"

is A-4

"Delta Recreation district D-R"

is DR

"Parks and Recreation district P-R"

is PR

"Planned Unit Development district P-1"

is P-1

aa.

"Specific Plan SP-1"

is SP-1

53.

"Media Niche"

shall mean an internal recess in a wall constructed specifically for the purpose of housing home entertainment and/or electronic devices.

54.

Mixed use.

55.

"Motel"

shall mean detached or attached dwelling units providing automobile storage space for each dwelling unit and providing transient living accommodations primarily for automobile travelers.

56.

"Multiple Family Building"

shall mean a detached building designed and used exclusively as a dwelling by three (3) or more families occupying separate suites, apartments, town-homes, and condominiums.

57.

"Multiple Family Building Group"

shall mean two (2) or more detached single family buildings, duplexes, or multiple family buildings occupying a parcel of land in one (1) ownership, with common yards.

58.

"Natural Feature"

shall mean a tree, significant landscaping feature or significant geological formation.

59.

"Non-Conforming Structure"

shall mean a structure that was legally constructed prior to the effective date of the Zoning Ordinance, but which does not conform to the current provisions of the Zoning Ordinance or the Oakley General Plan, when and to the extent that the Zoning Ordinance has not been updated to conform to amendments to the Oakley General Plan.

60.

"Non-Conforming Use" and "Legal Non-Conforming Use"

shall mean a use of a structure or land that was legally established prior to the effective date of this ordinance but which does not conform to the current provisions of the Zoning Ordinance or the Oakley General Plan, when and to the extent that the Zoning Ordinance has not been updated to conform to amendments to the Oakley General Plan.

61.

"Non-Livestock"

shall mean a very limited number of cats and dogs as found within a suburban, residential environment, and does not include kennels or catteries (where one (1) or more dogs or cats are kept or maintained for commercial purposes).

62.

Paving.

"Paving" shall mean asphaltic, concrete, or other permanent impervious surfacing material.

63.

Single-Family Dwelling.

"Single-Family Dwelling" shall mean a detached building, or part of it, designed for occupation as the residence of one family. A single-family dwelling must be affixed to a permanent foundation. A single-family dwelling may include the following construction types:

Stick built;

Prefabricated;

Manufactured;

Modular.

64.

Outdoor Sales.

"Outdoor Sales" shall mean any outdoor sale or display of merchandise on a regular or continuing basis.

65.

Outdoor Vending Facilities.

"Outdoor Vending Facilities" shall mean the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, wares, merchandise, things or articles of value, seasonal sales and events selling items from a stand, motorized vehicle, non-motorized stationary or non-stationary cart or pushcart, or any other type of sales not within an enclosed building on a temporary basis.

66.

Park.

"Park" shall mean a piece of ground kept for ornament and recreation or an area maintained in its natural state as a public property. "Joint School/Community Use Parks" shall mean areas which are used exclusively by the schools during the school day and are available to the public after school hours and on weekends; "Public Park" or "Day Use Park" shall describe parks, or those parts of a park site, that are available to the general public for use during all daylight hours.

"Neighborhood Park"

shall mean parks which generally abut residential areas and have amenities such as play areas, picnic areas, gathering areas, and open turf. These parks have turf areas suitable for informal play, practices, and scrimmages, but not formal games.

"Community Park"

shall mean parks that are generally designed to serve the needs of several neighborhoods, up to the whole community. These parks are intended to host organized, formal recreation leagues and tournaments to provide for adult recreation opportunities that would require larger fields and therefore larger sites.

"Dual-Use Community Park"

shall mean a park site with a detention basin or additional park-related use coupled with it.

ii.

"Community Gathering Area"

shall mean an area designated especially for special family events (i.e., birthday parties, graduation celebrations), festivals, and/or an area set-aside for the future civic center and plaza.

67.

"Poultry"

shall mean a domesticated species of the avian family customarily kept for eggs or meat, including but not limited to chickens, ducks, geese, and turkeys.

68.

"Private Nuisance"

shall mean an interference with a person’s interest in the use and enjoyment of his/her land.

69.

"Public Nuisance"

shall mean an unreasonable interference with the health, safety, peace, or comfort of the community.

70.

"Research and Development Services"

shall mean establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.

71.

Second Dwelling Unit.

"Attached Second Unit"

shall mean a dwelling unit that is attached to the primary residence by any means, including a common wall, roof, or floor.

"Detached Second Unit"

shall mean a dwelling unit that is not attached to the primary residence by any means, including a common wall, roof, or floor.

"Efficiency Unit"

shall mean a separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities. For the purpose of this section, efficiency unit has the same meaning as Section 17958.1 of the Health and Safety Code.

"Legal Nonconforming Second Unit"

shall mean a second unit that presently constitutes a nonconforming second unit, but that, at the time of its construction, did comply with the applicable zoning district regulations affecting that property.

"Manufactured Home"

shall mean a transportable structure which in the traveling mode is 8 feet or more in width and 40 feet or more in length and is a minimum of 320 square feet and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation. For the purpose of this section, manufactured home has the same meaning as Section 18007 of the Health and Safety Code.

"Second Unit"

shall mean a dwelling unit, per State GC 65852.2, that provides complete, independent living facilities for one or more persons residing together as a single household unit. No more than one new additional dwelling unit, attached or detached, shall be located on any one legal lot or parcel. It consists of permanent provisions for living, sleeping, water and sanitation facilities, eating, and separate food preparation facilities, including but not limited to a stove, oven, refrigerator, and sink. A second unit is clearly subordinate in size, appearance, and location to the other residence on the lot or parcel. A second unit also includes efficiency units and manufactured homes. Second dwelling units are not considered "accessory buildings."

72.

"Secondary Front (Corner Condition)"

shall mean the exposed side yard of a corner lot, which fronts onto the street.

73.

"Secondary Frontage"

shall mean a building or lot having frontage on two parallel or approximately parallel streets.

74.

"Setbacks From Street Corner"

shall mean that point of intersection of the required setback lines from access streets, prolonged to the point of intersection.

75.

"Sign, Accessory" or "Accessory Sign"

shall mean any surface or portion thereof, on which lettered, figured or pictorial matter is displayed for the purpose of advertising or identifying goods and services sold or produced on the property upon which the surface is located.

76.

"Sign, Non-Accessory" or "Non-Accessory Sign"

shall mean any surface or portion thereof, on which lettered, figured or pictorial matter is displayed for purposes of advertising other than the name and occupation of the user of the premises on which the surface is located, or advertising other than the nature of the business or activity conducted thereon, or advertising of goods and services other than those primarily sold or produced thereon.

77.

"Sign Structure"

shall mean any structure whose primary purpose is to support an accessory sign or non-accessory sign.

78.

"Small Animals"

shall mean chinchillas, hamsters, rabbits, and other grain-fed rodents as found within the context of small farming activities.

79.

"Small Animal Structures"

shall mean a structure in which small animals or poultry are housed (i.e., chicken house, rabbit hutch, or similar accessory structure for similar small animals).

80.

"Small Farming"

shall mean the limited raising of crops and livestock within city boundaries, as permitted within designated zoning districts.

81.

"Specialty Food Shop"

shall mean retail businesses whose primary activities include sales of confectionery, nuts (packaged), coffee and tea (packaged), dairy products, gourmet foods, and spices. Retailers who are also chocolate manufacturers, bread and bakery product manufacturers, meat markets and fruit are specifically excluded from this category.

82.

"Story"

shall mean that portion of a building included between the upper surface of any floor and the upper surface of the next floor 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. If the finished floor level directly above a basement or cellar is more than six feet (6’) above grade at any point, such basement or cellar shall be considered a story.

83.

"Story, Half" or "Half Story"

shall mean that portion of a building under a gable, hip or gambrel roof, the top wall plat of which on at least two (2) opposite exterior walls are not more than three feet (3’) above the floor of such building portion.

84.

"Structure"

means anything permanently or temporarily constructed or erected on land, except: (a) fences as defined in this chapter, (b) sidewalks, gateways, pipes, meters, meter boxes, manholes, and mailboxes, and (c) poles, wires, pipes and other devices, and their appurtenant parts, for the transmission or transportation of electricity and gas for light, heat or power, or of telephone and telegraphic messages, or of water.

85.

"Temporary Sales Event"

shall mean an outdoor sales event where merchandise is displayed entirely on site and lasts no longer than six (6) days every six (6) months.

86.

"Trail"

shall mean a designated or established path or track which provides recreational, aesthetic, alternate transportation or educational opportunities which are accessible for all users extending benefit to older adults and children, families with strollers and people with disabilities. A local trail system will provide interconnections within the local community and linkages to the regional trail system for pedestrian, equestrian, and non-motorized transportation use, with bicycle lanes serving as a functional adjunct to the local traffic circulation system.

"Pedestrian Trail"

shall mean trails consisting of local bicycle and public street and sidewalk systems whenever possible. Surfaces for pedestrian trails should be paved with asphalt cement for all-weather use.

"Bicycle Trail" or "Bike Path"

shall mean trails separated from automotive traffic for the preferential use by bicyclists.

"Class I Bike Route"

shall mean a bike path, which is separated from vehicular facilities by space, plant materials, or physical barriers such as guardrails or curbing.

ii.

"Class II Bike Route"

shall mean a bike path, which is located along the edge of the paved area or between the parking lane and the first motor vehicle lane.

iii.

"Class III Bike Route"

shall mean a bike path where bicycles share the roadway with motor vehicles, where the bike path is often only marked by "Bike Route" signage, and may or may not have white shoulder lines delineating the bike path lane.

"Equestrian Trail"

shall mean trails, which are separate from pedestrian and bike trails and vehicular roadways. Surfaces for equestrian trails should be constructed of compacted soil and quarry wastes, rather than all-weather surface treatments.

"Multi-Use Trail"

shall mean trails, which accommodate multiple modes of transportation wherever possible. Multi-use trails must be designed to provide safe resolutions of potential conflicts between users, animals, and vehicles.

87.

"Transit-Mix Plant"

shall mean a use of land and equipment incidental to the erection, maintenance, and use of plants, including fixtures and machinery, for the handling, sorting, shipment, transshipment, storage, mixing, and grading of building materials, including sand, gravel, and cement but not including hot tar, asphalt, or other similar bitumen. A "Transit-mix Plant" includes buildings, structures, bins, chutes, bunkers, silos, hoists, elevators, hoppers, or conveyors designed, intended for, and used in the preparation of concrete ready-mix for shipment in trucks and transit-mixers from the premises.

88.

"Urban Limit Line (ULL)"

shall mean a documented conservation policy boundary established by the County beyond which only 35% of urban development shall be permitted or serviced, while the remaining 65% of the land beyond the ULL shall be preserved for agriculture, open space, wetlands, parks and other non-urban uses.

"Urban development"

shall mean development requiring one or more basic municipal services including, but not limited to, water service, sewer, improved storm drainage facilities, fire hydrants and other physical public facilities and services.

89.

"Use"

shall mean the purpose of which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

90.

"Use, Accessory" or "Accessory Use"

shall mean a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot.

91.

"Major Utilities"

shall mean major, area-wide interstate or intrastate infrastructure facilities and services, which may or may not have employees at the site. Such facilities and services may be publicly or privately owned and operated, and may include the following uses: electrical substations; electrical generating plants; electrical transmission lines; electrical switching facilities and primary substations; petroleum transmission lines and pumping stations; water and wastewater treatment plants; and water tanks.

92.

"Yacht Clubs"

shall mean meeting, recreational, social and support facilities of an organization primarily used to promote and regulate yachting and boating.

93.

"Yard"

shall mean an open space other than a court, on the same lot with the building, which open space is unoccupied from the ground upward to the sky, except as otherwise provided in this Zoning Ordinance.

"Yard, Front" or "Front Yard"

shall mean an open area extending across the front of a lot, measured toward the rear of the lot to the nearest line of any building on it. If any setback is established by this Zoning Ordinance for a lot, the area between the setback line and the boundary line that determines the position of the setback line shall constitute the front yard of the lot.

"Yard, Rear" or "Rear Yard"

shall mean an open area extending across the rear of a lot, measured from the rear property line toward the front to the nearest line of any building on the lot.

"Yard, Side" or "Side Yard"

shall mean an open area between each line of a lot and the nearest line of any building on the lot and extending from the front yard to the rear yard of the lot.

94.

"Zoning Compliance Certificate"

shall mean that form which details the nature of a business and certifies that it meets the requirements of this section.

95.

"Family Child Care Home, Large"

shall mean a home which regularly provides care, protection, and supervision in the provider’s own home for nine to fourteen children, inclusive, including children under the age of ten years who reside at the home. For the purpose of this section, Family Child Care Home, Large, has the same meaning as Section § 1597.465 of the State’s Health and Safety Code.

96.

"Family Child Care Home, Small"

shall mean a home which regularly provides care, protection, and supervision in the provider’s own home for eight or fewer children, including children under the age of 10 years who reside at the home. For the purpose of this section, Family Child Care Home, Small, has the same meaning as Section § 1597.44 of the State’s Health and Safety Code.

97.

"Balcony"

is a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.

98.

"Carport"

means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles.

99.

"Deck"

is a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also OMC Section 9.1.202(b)(97), "Balcony").

100.

"Patio"

is an area, usually paved, adjoining a house and used as an area for outdoor lounging, dining, etc. Patios may be covered or uncovered.

101.

"Transitional Housing"

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

102.

"Supportive Housing"

means (per Health and Safety Code Section 50675.14(b)) housing with no limit on the length of stay, that is occupied by a target population as defined in subdivision (d) of Section 53260, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

103.

"Residential Care Facilities"

means a facility that is a resident-occupied dwelling, licensed by the State and/or County, that provides housing and care for children and/or adults on a full-time, live-in basis.

104.

"Family"

includes any household in which one or more individuals reside, regardless of the legal or biological relationship among them, including but not limited to: traditional nuclear families, extended families, single parents with children, unmarried couples (with or without children), same-sex couples, foster families, individuals in the process of adoption, and any group of persons who live together as a single housekeeping unit.

105.

"Low Barrier Navigation Center"

means, as defined by Government Code Section 65660, which may be updated from time to time: a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

106.

"Low Barrier"

means, as defined by Government Code Section 65660, which may be updated from time to time: best practices to reduce barriers to entry, and may include, but is not limited to, the following:

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

Pets.

The storage of possessions.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

107.

"Use by Right."

Use by Right has the meaning defined in Government Code Section 65583.2(i). Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low barrier navigation center constructed or allowed by this section.

108.

"One Hundred Percent (100%) Affordable Housing Development"

means a residential development project in which all dwelling units are reserved for occupancy by low-income households, as defined by California Health and Safety Code Section 50079.5.

109.

"Supportive Housing Unit"

means a unit within a one hundred percent (100%) affordable housing development that is specifically designated for individuals with special needs, including, but not limited to, people experiencing homelessness, individuals with disabilities, or those needing assistance with daily living.

(Ord. 03-09, 1/27/2009; Ord. 14-10, 9/14/2010; Ord. 02-16, 1/12/2016; Ord. 08-15, 7/14/2015; Ord. 12-25, 8/12/2025)

Oakley City Zoning Code

ARTICLE 2

§ 9.1.202 Definitions Generally.