Palmdale City Zoning Code
Division 1
INTRODUCTORY PROVISIONS
§ 17.10.010 Authority for this Title.
The ordinance codified in this Title is adopted under the authority granted to the City by Article 11, Section 7 of the California Constitution and pursuant to the requirements of California Government Code Sections 65800 et seq. and 66410 et seq.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.10.020 Short title.
This Title of the PMC shall be known as the "Zoning Ordinance" or "Ordinance" hereafter.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.10.030 Replacement of previous ordinances.
The provisions of this Title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by this Title shall be construed as restatements and continuations thereof, and not as new enactments.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.10.040 Purpose.
The purpose of this Title is to promote the public health, safety, and general welfare and to preserve and enhance the quality of life within the City by establishing standards to ensure that an appropriate mix of land uses is developed in an orderly manner. To achieve this purpose, the City desires to achieve a pattern and distribution of land uses which generally meets the following objectives:
(A)
To implement the goals, objectives, and policies of the City General Plan;
(B)
To retain and enhance established residential neighborhoods, commercial and industrial districts, public facilities, recreation, open space and other amenities;
(C)
To allow for the infill and redevelopment of areas at similar scale and character;
(D)
To accommodate expansion of development into vacant and underutilized lands, while considering environmental and infrastructural constraints;
(E)
To provide a diversity of areas throughout the community characterized by differing land use activity, scale, and intensity;
(F)
To maintain and enhance significant environmental and visual resources;
(G)
To provide opportunities for economic development, including business creation and expansion in a variety of manufacturing, service, and marketing industries; and
(H)
To establish Palmdale as a distinctive community with a high quality of life and a visually pleasing, secure environment for the City's residents and businesses.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.10.050 Prohibitions.
(A)
General Prohibitions.
(1)
No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, or structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Title and any other applicable codes, ordinances, and resolutions.
(2)
No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure or advertise on any structure except pursuant to the provisions of this Title and any other applicable codes, ordinances, and resolutions.
(3)
No permit, entitlement, or other approval under this Title may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this Title, and any other applicable codes, ordinances and resolutions. In all cases, no permit, entitlement, or other approval may be issued or renewed where the property, including all structures and land, fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or where there are fees, fines, or other penalties owing the City in connection with the property; provided, however, that this Section shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval or to prohibit legal nonconforming land uses that otherwise comply with applicable laws and have no penalties owing in connection with the property. The Review Authority of the City, as applicable, may approve a permit, entitlement, or other approval and condition its operative date upon the later submission by the applicant a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the property is then in compliance with all such applicable laws or proof of payment of such penalties.
(B)
Violations. Any person violating any provision of this Title, or any amendment thereto, is guilty of a misdemeanor. Each violation is a separate offense for each and every day during any portion of time during which the violation is committed and is subject to the penalties specified in PMC Chapter 1.12 (Penalty Provisions).
(C)
Public Nuisance. Any use of property contrary to the provisions of this Title is illegal and is deemed to be a public nuisance. The authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this Title.
(D)
Injunctions. The provisions of this Section may also be enforced by injunction issued by any court having jurisdiction over the owner or occupant of any real property affected by such violation or prospective violation.
(E)
Enforcement. The Director of Economic and Community Development, Code Enforcement Officer, or any representative they may designate, is hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Title.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.10.060 General Plan consistency.
The Zoning Ordinance is the primary tool for implementing the goals, objectives, and policies of the Palmdale General Plan pursuant to the mandates of State law. All project proposals within the incorporated area of the City shall be consistent with the General Plan prior to approval.
No land shall be developed, nor shall any use be initiated, which is not found to be in conformance with the General Plan, applicable Specific Plan, Zoning Ordinance or other applicable provisions of the PMC.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.010 Replacement of other ordinances.
The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Title is more restrictive than such other ordinance, or part thereof.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.020 Compliance with other ordinances and laws.
Nothing in this Title shall be construed to authorize the use of any lot or parcel of land in violation of this Title or any other applicable statute, ordinance, or regulation. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the City.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.030 Reference to any portion of this Title.
Whenever reference is made to any portion of this Title, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.040 Severability of any portion of this Title.
Provisions of this Title are declared to be severable. If any provision, clause, sentence, section, or any part thereof is held to be unconstitutional, invalid, or inapplicable to any person or circumstance by a court of competent jurisdiction, such unconstitutionality, invalidity, or inapplicability shall not affect or impair any of the remaining provisions, sentences, sections, or parts of this Title or their applicability to other persons or circumstances.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.050 Continuation of previously granted variances.
All exceptions and variances heretofore granted pursuant to the provisions of Ordinance No. 140 shall be deemed to exist hereafter as variances pursuant to PMC Chapter 17.23 (Variances and Minor Exceptions), and shall be subject to all the conditions and provisions governing such variances upon the effective date of the ordinance codified in this Title.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.060 Continuation of previously granted permits.
All permitted uses heretofore lawfully existing under Ordinance No. 140 shall continue in effect until revoked or terminated and shall be continued under this Title and shall be subject to all conditions governing such permit.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.070 Continuation of previously adopted development agreements.
Nothing in this Title shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of the ordinance codified in this Title and which is still in effect. However, in any instance where a development agreement is silent on standards, requirements or other provisions as contained in this Title, and such provisions are not in conflict with that development agreement, the Zoning Ordinance shall apply.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.080 Continuation of existing nonconforming uses.
Existing legal nonconforming uses and structures may continue, pursuant to the provisions of PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.090 Substandard lots.
Legally created substandard lots on record prior to the adoption of this code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.100 Procedures regarding projects in progress and pending proceedings.
(A)
Except as otherwise provided in this Section, after the effective date of the ordinance codified in this Title, any pending application or project which has not been deemed complete shall be subject to the applicable provisions of this Title. Any pending application for a project or proceeding which has been deemed complete shall be subject to the requirements in effect on the date such application was deemed complete.
(B)
The Director may determine that the approval of a subdivision development plan (SDP) pursuant to PMC § 17.26.020 (Subdivision development plan review) is subject to the side setback provisions in effect as of the effective date of the tentative tract map approval in which the lot is located; provided, that evidence submitted by the developer substantiates that the project met any one of the following criteria on the effective date of the ordinance codified in this Title, and that said criterion is still met on the date of SDP submittal for each lot on which the exemption is sought.
(1)
The lot is in a recorded tract in which the shape or dimension of the lot or infrastructure or improvements have been constructed would preclude adherence to the residential setback standards in Division 3 (Residential Zones) of this Title without substantial expense on the part of the builder or developer. Such improvements could include, but are not limited to, utility stub-outs, individual lot grading, curb cuts or driveways.
(2)
The lot is part of an approved tentative tract map within which at least one phase has been recorded and in which construction is underway, based on structural plans or model homes with five-foot setbacks on each side; provided, however, that if the lot is in a phase of said map which is proposed for development with a different product type than those depicted in the originally approved building plans or model homes, then the lot shall adhere to all applicable provisions of this Title.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.110 Violation of previous ordinance.
Any use established or conducted or any building or improvement existing in violation of the Zoning Ordinance upon the effective date of the ordinance codified in this Title shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this Title, or any provision thereof. To the extent that such use, building, or improvement was a violation of any ordinance, statute or law, or is a violation of this Title, it shall be deemed a continuing violation.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.11.120 Private agreements.
The provisions of this Title are not intended to repeal, rescind, or revoke any easements, covenants, conditions, approvals, restrictions, or agreements which are more restrictive than the provisions of this Title.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.010 Interpretation of language.
The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Title. Whenever the Director determines that the meaning or applicability of any of the requirements of this Title are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission (hereafter referred to as "Commission") for determination. The Planning Commission shall be the final authority unless the matter is appealed to the City Council, pursuant to PMC § 17.20.110 (Appeal procedures).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.020 Similar use determination.
The Director may authorize a use not listed within a zoning district if the Director makes a determination that the use is similar to and no more objectionable than other uses permitted or conditionally permitted in the zoning district, pursuant to PMC § 17.24.040 (Determination on unlisted uses).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.030 Minimum requirements of this Title.
When the provisions of this Title provide for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Title, as may be determined by the applicable Review Authority, if it is deemed necessary to promote health and safety, orderly land use development, and the other purposes of this Title.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.040 Conflicting regulations.
Where conflict occurs between the provisions of this Title and any other City ordinance, Specific Plan, or General Plan, the Director shall determine which document prevails.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.050 Discretion.
When this Title provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the issuance of any City approvals, consistent with Division 2 (Review Procedures).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.060 Time limits.
Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice provided pursuant to this Title, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.070 Terminology.
(A)
Gender. When consistent with the context, words in the masculine gender include the feminine and neutral genders.
(B)
Plural. When consistent with the context, words in plural include the singular.
(C)
Singular. When consistent with the context, words in the singular shall include the plural.
(D)
Tenses. 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.
(E)
Mandatory Language. The words "shall," "will," "is to," "must," and "are to" are always mandatory and not discretionary.
(F)
Encouraged Language. "Should" indicates that the standard is not mandatory but is strongly recommended. "May" is permissive and does not represent a regulatory requirement.
(G)
Indicative Language. The words "include," "includes," and "including" mean "including, but not limited to." The word "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. The words "either ... or" indicate that the connected words or provisions shall apply singly, but not in combination.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.12.080 Photo and figure disclaimer.
Images, photos, and diagrams in this Title are not intended to be interpreted literally; they are provided to illustrate regulations and assist in understanding the desired character or proposed implementation of a standard (e.g., measurement/calculation, range of scale, intensity, site organization, streetscape, building design). In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text prevails.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.13.010 Responsibility of administration.
This Title shall be administered by the City Council, the Planning Commission, the City Manager, the Director or designee, the Economic and Community Development Department, the Building Official or staff person designated by the Director to perform such actions, and any other departments, groups, personnel, or individuals as identified in a specific chapter of this code, in compliance with Division 2 (Review Procedures).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.13.020 Assumption of power or duty of public officer.
Whenever a power is granted to or a duty imposed upon a public officer by this Title, the power may be exercised or the duty may be performed by a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this Title expressly provides otherwise.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.14.010 List of zones.
The following zones are established in order to carry out the purpose of this Title.
Table 17.14.010-1. List of Zones | |||
|---|---|---|---|
Zone Symbol | Name of Zone | Division Reference | General Plan Land Use Designation Implemented by Zone |
Residential Zones | |||
ER | Equestrian Residential | Division 3 (Residential Zones) | Equestrian Residential |
LDR | Low Density Residential | Division 3 (Residential Zones) | Low Density Residential |
SFR 1 | Single Family Residential 1 | Division 3 (Residential Zones) | Single Family Residential 1 |
SFR 2 | Single Family Residential 2 | Division 3 (Residential Zones) | Single Family Residential 2 |
SFR 3 | Single Family Residential 3 | Division 3 (Residential Zones) | Single Family Residential 3 |
RN 1 | Residential Neighborhood 1 | Division 3 (Residential Zones) | Residential Neighborhood 1 |
RN 2 | Residential Neighborhood 2 | Division 3 (Residential Zones) | Residential Neighborhood 2 |
RN 3 | Residential Neighborhood 3 | Division 3 (Residential Zones) | Residential Neighborhood 3 |
RN 4 | Residential Neighborhood 4 | Division 3 (Residential Zones) | Residential Neighborhood 4 |
Mixed-Use Zones | |||
MU 1 | Mixed-Use 1 | Division 5 (Mixed-Use Zones) | Mixed-Use 1 |
MU 2 | Mixed-Use 2 | Division 5 (Mixed-Use Zones) | Mixed-Use 2 (MU 2) |
MU 3 | Mixed-Use 3 | Division 5 (Mixed-Use Zones) | Mixed-Use 3 (MU 3) |
Commercial/Office Zones | |||
NC | Neighborhood Commercial | Division 4 (Commercial/Office Zones) | Neighborhood Commercial |
RC | Regional Commercial | Division 4 (Commercial/Office Zones) | Regional Commercial |
VC | Visitor Commercial | Division 4 (Commercial/Office Zones) | Visitor Commercial |
MEDFX | Medical Flex | Division 4 (Commercial/Office Zones) | Health and Wellness |
EDFX | Educational Flex | Division 4 (Commercial/Office Zones) | Educational Flex |
OFX | Office Flex | Division 4 (Commercial/Office Zones) | Industrial and Employment Flex |
Industrial Zones | |||
LI | Light Industrial | Division 6 (Industrial Zones) | Industrial and Employment Flex |
HI | Heavy Industrial | Division 6 (Industrial Zones) | Industrial |
AI | Aerospace Industrial | Division 6 (Industrial Zones) | Aerospace Industrial |
MRE | Mineral Resource Extraction | Division 6 (Industrial Zones) | Mineral Resource Extraction |
Special Purpose Zones | |||
SP | Specific Plan | Division 7 (Special Purpose Zones) | Specific Plan |
PF-C | Public Facilities – Civic | Division 7 (Special Purpose Zones) | Public Facilities – Civic |
PF-S | Public Facilities – School | Division 7 (Special Purpose Zones) | Public Facilities – School |
PF-P | Public Facilities – Park | Division 7 (Special Purpose Zones) | Public Facilities – Park |
OS | Open Space | Division 7 (Special Purpose Zones) | Open Space |
U-ROW | Utilities and ROW | Division 7 (Special Purpose Zones) | Utilities |
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.14.020 Zone regulations and use classifications.
Divisions 3 through 7 of this Title establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base zones. Uses allowed are consistent with and implement the corresponding land use designations in the General Plan.
All land uses shall conform to the purpose and intent of the applicable zone, and shall comply with the following:
(A)
Special Use Regulations. Additional use regulations for special land uses are listed in Division 9 (Special Regulations) of this Title.
(B)
Special Planning Areas. Special planning areas include areas of the City with adopted planning documents for development within each respective project area (e.g., Specific Plans, planned developments, Master Plans). These special planning area documents establish land use and/or development regulations that are unique to the particular project area. When a property is located within a special planning area, the allowed use provisions of that special planning area document shall govern. If a planning document refers to, utilizes, or defers to one or more of the City's base zones, the allowed use provisions in those base zones shall apply. If there are any conflicts between a base zone and a special planning area document, the special planning area document shall control.
(C)
Overlay Zones. When a property is located within an overlay zone, the allowed use provisions of that overlay zone shall control. When an overlay zone is silent on allowed use provisions, it defers to the allowed use provisions of the base zone. Only where there is a conflict between two standards will the overlay zone provisions control.
(D)
Unlisted or Similar Compatible Uses. If a use is not specifically listed, or if the use is not substantially similar to a use classification provided in this Title, the use shall not be allowed. When a use is not specifically listed in this Title, the use may be allowed if the Director determines that the use is substantially similar to other uses pursuant to PMC § 17.24.040 (Determination on unlisted uses).
(E)
Unlisted Standards and Regulatory Requirements. When the Director determines that an unlisted use is substantially similar to a use classification provided in this Title, the proposed use will be treated in the same regulatory manner as the zone listed use for which the unlisted use is substantially similar for allowable location(s), permits required, and all other applicable standards and requirements of this Title.
(F)
Illegal Uses. No use that is illegal under local, State, or Federal law shall be allowed in any zone within the City.
(G)
Prohibited Uses. No operations conducted on any property shall create objectionable and/or obnoxious dust, light, matter, mud, noise, odor, refuse, smoke, steam, vibration, maintenance needs of grounds or structures, or other nuisance(s) as defined in PMC Chapter 8.10 (Public Nuisances and Abatement Procedures). No land use shall be detrimental to the health and welfare of the Palmdale community.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.14.030 Permissions tables and establishment of an allowed use.
The land use permissions, as established in Divisions 3 through 7 of this Title, shall be applicable to all new uses, structures, and activities within the identified zone.
(A)
Prior to the establishment of any land use identified in the land use permissions tables, the applicant shall obtain all necessary approvals and permits pursuant to all applicable requirements of this Title. Division 2 (Review Procedures) of this Title identifies the requirements of project proposals, and procedures and processing requirements for administrative and discretionary permit applications.
(B)
Land uses listed in the land use permissions tables and throughout this Title have been grouped into general categories based on common function, product, or compatibility characteristics. These use categories are called use classifications. The classifications are listed in alphabetical order in the use tables. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may be appropriate within the classification. For that reason, the City has established a similar use determination process as described in PMC § 17.24.040 (Determination on unlisted uses). Each land use is described in PMC Chapter 17.16 (Definitions). For example, personal service use includes a wide range of individual personal service uses (e.g., beauty parlor, dry cleaning, tanning salons, and tailors).
(C)
Any one or more land uses allowed pursuant to the land use permissions tables in this Title may be established on any lot within the zone, subject to the planning permit requirement listed in the tables, and pursuant to all applicable requirements of this Title. Accessory uses are allowed only in conjunction with a primary use to which the accessory use relates, or as specified in the tables.
(D)
Where a single parcel is proposed for development with two or more of the land uses listed in the table at the same time, the overall project will be subject to the highest level of review required by the table for any individual use and all applicable fees shall be paid.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.14.040 Allowed uses and permit requirements.
Allowed uses by zone and corresponding requirements for entitlements are provided in Divisions 3 through 7 of this Title for all of the City's base zones. Generally, a use is either allowed by right, allowed through an approval process, or not allowed. In addition to the requirements for planning entitlements of this Title, other permits may be required prior to establishment of the use (e.g., building permit, engineering permit, or permits required by other agencies). The requirements for planning entitlements include:
(A)
Permitted (P). A land use shown with a "P" indicates that the land use is allowed by right in the designated zone, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well as County, State, and Federal law.
(B)
Accessory Use (A). A land use shown with an "A" indicates that the land use is allowed only as a secondary use in conjunction with a primary use, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well as County, State, and Federal law.
(C)
Minor Use Permit (MUP) Required. A land use shown with "MUP" indicates that the land use is allowed in the designated zone upon issuance of a minor use permit from the designated Review Authority, subject to compliance with all applicable provisions of this Title (e.g., development standards), as well as County, State, and Federal law.
(D)
Conditional Use Permit (CUP) Required. A land use shown with "CUP" indicates that the land use is allowed in the designated zone upon issuance of a conditional use permit from the designated Review Authority, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well as County, State, and Federal law.
(E)
Not Permitted (–). A land use shown with a "–" is not allowed in the applicable zone.
(F)
Temporary Use (T). On occasion, property will be used for an event, activity, or use on a short-term basis. Such use is considered a temporary use. A land use shown with "T" indicates that the land use is allowed by right as a temporary use, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well as County, State, and Federal law.
(G)
Temporary Use Permit Required (TUP). On occasion, property will be used for an event, activity, or use on a short-term basis. Such use is considered a temporary use. A land use shown with "TUP" indicates that the land use is allowed as a temporary use in conjunction with the issuance of a temporary use permit pursuant to PMC § 17.26.100 (Temporary use and special event permits). PMC § 17.98.020 (Temporary uses) provides the regulations for these uses, including development standards and time limits.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.15.010 Zoning maps.
The "Official Zoning Map of the City of Palmdale" has been adopted by the City Council and is on file with the Planning Division. All property within the City is hereby placed in such zones as indicated on said map, and no property shall be used except pursuant to the zoning designations on said map and the provisions of this Title. Said map shall be maintained on file with the Planning Division. All amendments to the official zoning map shall be noted thereon with the date of the amendment and references to the amending ordinance. Said official zoning map is hereby made a part of this Title and may be amended by reference thereto and to this Section.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.15.020 Interpretation of zone boundaries.
When uncertainty exists about the location of any zone boundary or section shown on the official zoning map, the precise location of the boundary shall be determined by the Director. Generally, the following boundary guidelines shall be used for reading the zoning map and for interpretation, unless otherwise determined by the Director.
(A)
General Boundaries. Zone boundaries approximately following the right-of-way shall be construed to follow the proximate property line or right-of-way line.
(B)
Centerline Boundaries. Zone boundaries shown within a right-of-way that do not follow the outside right-of-way line(s) shall be construed to follow the centerline of such right-of-way.
(C)
Scale. If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the official zoning map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
(D)
Split-Zone Properties. If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the official zoning map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
(E)
Vacated Areas. The zone for the vacated or abandoned uses shall be determined in one of the following ways, through a zoning clearance:
(1)
Revert to the identified or existing zone.
(2)
Where no zone is identified by the official zoning map, the vacated right-of-way or nonoccupancy use shall acquire the zone classification of the adjacent property to which it reverts.
(3)
The Director shall determine the applicable zone.
(F)
Unclassified Areas. Areas in dedicated highways, streets or alleys, aqueducts, or flood control channels, or in railroad rights-of-way, that are unclassified (i.e., not designated in the zoning map as falling within one of the zones) shall be deemed to be in the utilities and ROW zone, and in the case of highways, streets or alleys allowed to be used only for purposes lawfully allowed, and in the case of railroad rights-of-way be allowed to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stock.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.005 Generally.
For the purpose of carrying out the intent of this Title, the words, phrases and terms included herein shall be deemed to have the meaning ascribed to them in this Chapter.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.010 (A).
"Abandon"
shall mean to cease or suspend from developing, maintaining, or operating a structure or use for a stated period of time. A structure or use is deemed abandoned upon an absence of any reported sales or activity for within a continuous period of 180 days unless otherwise specified in this Title (exceptions include temporary closures for repairs, alterations, or other similar situations).
"ABC license"
shall mean a license issued by the California Department of Alcoholic Beverage Control.
"Abut" or "abutting"
shall mean the same as "adjacent."
"Access"
shall mean the place or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Title.
"Accessory dwelling unit (ADU)"
shall mean an additional detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family unit is located. An ADU also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. Accessory structures are not considered accessory dwelling units.
"Accessory equipment"
shall mean any equipment including but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment structures, pedestals, meters, vaults, splice boxes, and surface location markers.
"Accessory structure"
shall mean a structure customarily incidental and subordinate to a principal structure or use on the same lot. If a structure is attached to the principal structure by a common wall, or by a continuation of the roof of the main structure (and not simply by a breezeway or porch), such accessory structure shall be considered a part of the main structure.
"Accessory use"
shall mean a use customarily incidental or secondary to the primary use on the same lot.
"Action"
shall mean a decision made by the Review Authority on a land use approval, by a process as specified in this Title.
"Addition"
shall mean any construction which increases the size of a structure, dwelling, or facility in terms of site coverage, height, length, width, or gross floor area, occurring after completion of the original structure or facility.
"Adjacent"
shall mean two or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or sharing a common boundary of at least one point.
Adult-Oriented Business.
See PMC § 17.92.010 (Adult-oriented businesses).
"Aerospace manufacturing"
shall mean establishments engaged in the assembly, fabrication, or manufacturing of aerospace products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Includes manufacturing, testing, modification, repair, overhaul, and storage of aircraft and component parts, communications equipment, aircraft instruments and equipment, missiles, space vehicle propulsion units, and freight and distribution services ancillary to aircraft operations. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing or testing process. This classification also includes the accessory storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices.
"Aerospace services"
shall mean facilities providing administrative functions, services, laboratories, and research and development for the aerospace and aircraft-related industries. These activities produce limited impacts on nearby properties and/or residents, including but not limited to noise, gas, odor, or vibration. This classification also includes the accessory indoor storage of equipment and supplies in addition to any necessary administrative offices.
"Agent"
shall mean any person showing written verification that he/she/they is acting for, and with the knowledge and consent of, a property owner.
"Agricultural support, sales, service, and storage"
shall mean the use of a site for supporting agricultural purposes including but not limited to on-site sale of feed, grain, fertilizers, pesticides, and similar goods; storage of materials, equipment, and products used in the operation of an agricultural industry or business; and the provision of agricultural services with incidental storage of goods off site; and hay, feed, and grain stores.
"Agricultural worker housing"
shall mean agricultural workers' living quarters for persons employed and deriving the major portion of their income from employment on the premises.
"Agriculture"
shall mean the cultivation of row, field or tree crops, floricultural specialties, or the raising of animals, on a large-scale basis, for commercial purposes.
"Aircraft"
shall mean any device used or designed for flight in the air, and capable of conveying persons or goods.
"Airports and heliports"
shall mean facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing, and storage. Also includes support activities including but not limited to fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
Alcohol and Drug Free Residential Recovery Home Nonlicensed.
See "Sober living home."
"Alcohol and drug treatment facility, large"
means any premises, place or building that provides 24-hour residential nonmedical services (as defined in the California Community Care Facilities Act) to seven or more persons, unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration, who are recovering from problems related to alcohol or drug misuse or abuse, and who need drug or alcohol recovery treatment or detoxification services. A license from the State of California is required and the facility shall comply with the provisions of PMC § 17.91.020 (Alcohol and drug treatment facility).
"Alcohol and drug treatment facility, small"
means any premises, place, or building that provides 24-hour residential nonmedical services to six or fewer adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services and is licensed by the State to provide such treatment or services. These facilities are treated as small residential care facilities and are not subject to the provisions of PMC § 17.91.020 (Alcohol and drug treatment facility).
Alcohol Beverage Establishment.
See definitions in PMC § 17.92.020 (Alcoholic beverage establishments).
"Alcohol sales, off-sale"
shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises (e.g., liquor store). See PMC § 17.92.020 (Alcoholic beverage establishments).
"Alley"
shall mean any public thoroughfare, having a width of not more than 30 feet, which affords only a secondary means of access to abutting property.
"Allowed use"
shall mean any use allowed in a zone and subject to the restrictions applicable to that zone.
"Alteration"
shall mean any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.
"Alternate section"
shall mean a method of delineating the required front setback area on single-family residential lots, which allows the required building setback to be measured from back of sidewalk rather than from the public right-of-way. This method was utilized on certain subdivision maps within the City before 1988, and is no longer in use on projects.
"Alternative transportation"
shall mean the use of modes of transportation other than single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking, bicycling, or other modes approved by the Director.
"Amendment"
shall mean a change in the wording, context or substance of this Title, or a change in the zoning maps, which are part of this Title when adopted by ordinance by the City Council in the manner prescribed by law.
"Amusement machine"
shall mean any device, whether mechanical, electrical or electronic, or similar object, which by payment of a fee, or insertion of a coin, card or token, may be operated for the primary purpose of amusement. For the purposes of this definition, each station of the device that allows an individual to simultaneously operate the device shall be considered an amusement machine. For example, a device that allows four individuals to simultaneously operate the device shall be considered four amusement machines. The term "amusement machine" does not include any device or object the primary purpose of which is to play music.
"Animal enclosure"
shall mean any pen, corral or fenced area intended for the confinement of animals.
"Animal husbandry and production"
shall mean the raising and breeding of animals for commercial purposes or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes agricultural structures accessory to such uses.
"Animal raising and keeping"
shall mean the raising, care, and maintenance of animals on private property for noncommercial purposes. This classification is distinct from "animal husbandry and production," "animal sales and services," and "stable/equestrian facility." Also see "kennels/boarding, commercial," which provides for the boarding of animals.
(1)
"Animal raising and keeping, domestic"
shall mean small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).
(2)
"Animal raising and keeping, exotic"
shall mean wild animals not customarily confined or cultivated by man for domestic or commercial purposes, not considered domesticated within California or requiring a permit from the State of California Department of Fish and Wildlife. This classification includes miniature pigs, snakes, reptiles, and large tropical birds (including peacocks).
(3)
"Animal raising and keeping, horses"
shall mean horses, ponies, donkeys, and mules.
(4)
"Animal raising and keeping, livestock"
shall mean domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use. Livestock includes, but is not limited to, cattle, sheep, swine, goats, alpaca, and other similarly sized animals. This classification excludes horses, ponies, donkeys, and mules.
(5)
"Animal raising and keeping, poultry"
shall mean domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens.
(6)
"Animal raising and keeping, beekeeping"
shall mean the keeping, maintaining, or allowing of any hive of any size on any parcel in the City.
"Animal sales and services"
shall mean retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include, but are not limited to, domestic animal bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location and pet supply stores that do not sell animals or provide on-site animal services.
"Antelope Valley Air Quality Management District (AVAQMD)"
shall mean the local agency with the primary responsibility for the control of nonvehicular sources of air pollution throughout the Antelope Valley.
Antenna.
See definitions in PMC § 17.95.010 (Communication/wireless telecommunications facilities).
"Antique or collectible store"
shall mean a store which sells or consigns to sell items which are by their style, design or use are commonly considered to be of another era or age, a collectible, or of heirloom quality. These items shall be in proper working order or restorable to working condition. Consignment, secondhand or thrift items are not considered antiques. Antique or collectible stores are included under general retail.
"Applicant"
shall mean owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Title, or the agent(s) of such persons.
"Application"
shall mean the form and information submitted by an applicant, which is used by the City to determine whether to approve or deny a project or other permit.
"Approval"
shall mean the action taken by the Review Authority pursuant to this Title to approve or conditionally approve an application for a land use approval and/or related permits.
"Aquaculture"
shall mean the large-scale cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.
"Area"
shall mean the extent or measurement of a surface or piece of land.
"Artisan manufacturing/makers space"
shall mean any establishment primarily engaged in on-site production or fabrication of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sale to consumers. This classification includes, but is not limited to, ceramic studios, fabric and needleworking, leather working, metalworking, glass working, candle-making shops, woodworking, and custom jewelry manufacturers.
"Assessor"
shall mean the Assessor of the County of Los Angeles.
"Athletic fields, lighted"
shall mean lighted athletic fields including baseball and football fields with all necessary grandstands and stadiums.
"Athletic fields, unlighted"
shall mean unlighted athletic fields including baseball and football fields with all necessary grandstands and stadiums.
"ATM (accessory use)"
shall mean a pedestrian-oriented machine used by bank and financial service patrons for conducting transactions, including deposits, fund transfers, and withdrawals, without contact with financial institution personnel. ATMs may be located as a freestanding machine or a machine installed in an exterior wall that functions as an ATM as an accessory use to the primary building use(s), or as a space located inside a building dedicated to the functions of an ATM as an accessory use to the primary building use(s). ATMs accessed by drive-through space shall be regulated as a drive-through service (see "Drive-through services").
"Attached"
shall mean any structure that has an interior wall or roof in common with another structure.
"Auction sales, indoor"
shall mean an indoor sale open to the public where property or goods are sold to the highest bidder. Auction sales shall not include one-time bankruptcy or asset liquidation auctions.
"Auction sales, outdoor"
shall mean an outdoor sale open to the public where property or goods are sold to the highest bidder. Auction sales shall not include one-time bankruptcy or asset liquidation auctions.
"Awning"
shall mean an architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of nonrigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.020 (B).
"Bail bonds"
shall mean a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
"Banks, financial, savings and loan institutions"
shall mean financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including but not limited to banks, savings and loan institutions, and credit unions, but excludes check cashing businesses.
"Bar/nightclub/lounge"
shall mean an age-restricted establishment where alcoholic beverages are offered for on-site consumption as its principal function pursuant to applicable California Department of Alcoholic Beverage Control standards, where food service, if any, is incidental and subordinate to the sale of alcohol. This classification may feature entertainment which includes, but is not limited to, music, dancing, comedy, and karaoke with the issuance of an entertainment permit. Uses include but are not limited to a tavern, bar, cocktail lounge, or nightclub. This classification shall exclude restaurants, cafes, or coffee shops which may include alcohol sales for on-site consumption as incidental to the primary use.
"Basement"
shall mean any floor level (story) which is partly or completely below grade. A basement shall be counted as a story for the purposes of height measurement where any portion of a basement has more than one-half of its height above grade.
"Bed and breakfast"
shall mean a transient lodging establishment, typically limited to 20 or less rooms with a common dining area, primarily engaged in providing overnight or otherwise temporary lodging for the general public, which is inhabited as a primary residence by the owners or operators, and which may provide meals to the extent allowed by law. This classification shall exclude short-term residential rentals (e.g., Airbnb, VRBO, HomeAway, etc.).
"Berm"
shall mean a mound or embankment of earth.
"BIA"
refers to the California Building Industry Association.
"Biosolid material"
shall have the same meaning as "sludge."
"Body piercing"
shall mean the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. Body piercing does not include the piercing of an ear with a disposable single-use, presterilized stud or clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
Borrow Pit.
See "Mining/resource extraction."
"Brewery/distillery/winery"
shall mean establishments engaged in the production, processing, packaging, or manufacturing of alcoholic beverage products primarily for off-site consumption, where retail sales are incidental. This use is regulated based on size and the presence of retail sales/tasting rooms where alcoholic beverages are sold and consumed on site. Includes incidental food sales and entertainment.
(1)
"Brewery/distillery/winery – with tasting room"
shall mean a brewery/distillery/winery with retail sales/tasting rooms where alcoholic beverages are sold and consumed on site.
(2)
"Brewery/distillery/winery – without tasting room"
shall mean a brewery/distillery/winery without tasting rooms where alcoholic beverages are sold and consumed on site.
"Brewpub/taproom/wine bar/microdistillery"
shall mean a drinking establishment that also serves food, and where beer or malt beverages, wine, and other alcoholic beverages are manufactured, brewed, distilled, or stored on site for retail purchase as an accessory use.
"Buildable area"
shall mean the portion of the lot remaining after deducting all required setbacks and easements from the net area of the lot.
"Building"
shall mean any structure for the shelter, housing, or enclosure of any person, animal, article, or chattel and when any portion thereof is completely separated from every other portion thereof by a division wall or fire wall, without openings, each such portion shall be a separate building. A building shall include any structure requiring a building permit.
Building, Accessory.
See "Accessory structure."
Building Coverage.
See "Lot coverage."
"Building distance, minimum"
shall mean the shortest distance measured from any point between buildings from wall to wall, exclusive of eaves and other allowed projections which are regulated separately.
"Building envelope, horizontal and vertical"
shall mean the maximum width and height of a structure based on minimum setback requirements and maximum building height limitations for the zone within which the structure is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for subdivision review.
"Building facade"
shall mean that portion of any exterior elevation of a building extending vertically from grade to top of a parapet wall or eaves, and horizontally across the entire width of the building elevation.
"Building frontage"
shall mean the length of a building wall as measured continuously in one plane for the entire length of the subject building, excluding eaves or roof overhangs. Where a building is visible from more than one street or parking area, the building frontage of the main public entry shall be designated as the primary building frontage with all other such frontages designated as secondary.
Building Height.
See PMC § 17.17.030 (Measuring heights).
"Building materials sales and services"
shall mean retail sales or rental of building supplies or equipment. This classification includes, but is not limited to, lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include "construction and material yards," home improvement centers, hardware stores less than 10,000 square feet in floor area, or "nursery/garden center."
"Building, principal"
shall mean one or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.
"Building setback line"
shall mean that line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front setback required for the zone in which the lot is located.
Building Site.
See "Development site."
"Business office"
shall mean an office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to a business.
"Business or commerce"
shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, and shall include office buildings, offices, recreational or amusement enterprises.
"Business to business support services"
shall mean establishments providing non-retail-related services to other businesses on a fee or contract basis. Examples of these uses include but are not limited to business equipment repair services; architecture, CAD services, drafting, engineering, etc.; interior decorator services; dispatch office (including taxi, plumbing, limo, emergency) limited to fielding calls; no on-site vehicle operations or storage; office use for mobile businesses, blueprint printing, binding, engraving, photocopying, job printing or related services; computer-related services (rental, repair); electronics/small machinery maintenance and repair; locksmith services; mailbox services; outdoor advertising services; janitorial/custodial and window-cleaning services; office security; equipment rental businesses within buildings; heavy equipment repair services where repair occurs on the client site; and taxi or delivery services with two or fewer fleet vehicles on site. Business to business support services exclude vehicle repair services.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.030 (C).
"Cafe/bakery"
shall mean establishments where food and beverages may be prepared and are sold to patrons for predominately off-site consumption. This classification includes, but is not limited to, cafes, coffee shops, delicatessens, ice cream shops, and bakeries. This classification may include limited seating for on-site consumption of products.
"California Environmental Quality Act (CEQA)"
shall mean the statute found in Public Resources Code Section 21000 et seq. that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by a proposed project.
"Campground"
shall mean an open-air facility, where recreational vehicle or camping spaces are rented, or reserved, for overnight stay in tents, trailers, or recreational vehicles for 30 consecutive days or less.
Care Facility, Residential.
See "Residential care facilities."
"Caretaker's unit"
shall mean a permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide 24-hour oversight or operations, equipment, or other resources on the site, including but not limited to the care or monitoring of people, plants, animals, equipment, or other conditions on the site.
"Carpool"
shall mean a vehicle carrying two to six persons commuting together to and from work on a regular basis.
"Carport"
shall mean a permanent roofed structure not completely enclosed, used, or intended to be used for vehicle parking.
"Cellar"
shall mean the same as "basement."
"Cemeteries, crematories, or mausoleums"
shall mean land and/or structures that are dedicated for cemetery purposes or for the burial of the dead, including columbariums, crematoriums, and mausoleums. Excludes funeral homes and mortuaries (see "Funeral homes and mortuaries").
"Certificate of occupancy"
shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or development conforms with all the applicable municipal codes, ordinances, and conditions of approval.
"Charitable organization"
shall mean an organization, association, corporation, or other legal entity duly qualified for tax-exempt status by the United States Internal Revenue Service and the California Franchise Tax Board.
"Check-cashing businesses"
shall mean establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check-cashing businesses also include the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code Section 1789.33. Check-cashing businesses exclude State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. Check-cashing businesses also exclude retail sellers engaged primarily in the business of selling consumer goods, which include, but are not limited to, consumables to retail buyers, that cash checks or issue money orders incidental to their main purpose or business.
"Child day care in a home"
shall mean a day care facility licensed by the State of California, located in a residential unit where a resident of the dwelling provides care and supervision for periods of less than 24 hours for up to 14 children under the age of 10, including children who reside at the home.
Churches.
See "Community assembly."
"Cinema/theater/performing arts center"
shall mean any indoor facility for performing arts or display of films and motion pictures on single or multiple screens/stages. This classification may include incidental food and beverage service to patrons and shall exclude adult-oriented entertainment (see "Adult-oriented business").
"City"
shall mean the City of Palmdale, California, or the area within the territorial limits of the City, and such territory outside of the City, over which the City, has jurisdiction or control by virtue of any constitutional or statutory provision.
"City Council"
shall mean the City Council of the City.
"Civic/government"
shall mean administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with accessory storage and maintenance. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see "Utilities, major and utilities, minor").
"Clubhouse"
shall mean any building used by an association of persons, organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.
"Code"
shall mean a code adopted by ordinance of the City.
"College/university"
shall mean the use of a site for either a public or private college or university, excluding vocational/trade schools. This classification may include, but is not limited to, incidental/accessory dining and food service facilities, event spaces, sports fields, and student housing (dormitories).
"Collocated small wind energy system (CSWES)"
shall mean a wind energy conversion system that is located on a pole, which has a rated capacity of eight kW or less.
"Commercial recreation and sports, indoor"
shall mean establishments providing sports, indoor amusement, and entertainment services conducted within an enclosed structure, including coin-operated electronic amusement centers. Typical uses include but are not limited to bowling alleys, billiard parlors, card rooms, health clubs, ice- and roller-skating rinks, indoor racquetball courts, athletic clubs, escape rooms, rage rooms, and physical fitness centers. See "instructional services" for small group/specialized instructional facilities.
"Commercial recreation and sports, outdoor"
shall mean sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, futsal, soccer fields, outdoor batting cages, swimming pools, and archery ranges. May include some indoor facilities.
"Commercial vehicle parking (primary)"
shall mean any vacant lot or facilities used for off-street parking for commercial trucks and vehicles as a primary use.
"Commission"
shall mean the Planning Commission of the City.
"Communications, facilities within buildings"
shall mean facilities for the provision of broadcasting and other information-relay services using electronic and telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, and telephone switching centers.
"Communications/wireless telecommunications facility"
shall mean any facility or facilities that transmits and/or receives electromagnetic waves. This classification includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. The term "communication facility" does not apply to the following: (1) government-owned and government-operated telecommunications facilities; (2) emergency medical care provider-owned and emergency medical care provider-operated telecommunications facilities; (3) mobile services providing public information coverage of news events of a temporary nature; and (4) any wireless telecommunications facilities exempted from this Title by Federal law or State law.
(1)
"Communication/wireless telecommunications facilities, major"
shall mean a communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact City-wide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a network of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.
(2)
"Communication/wireless telecommunications facilities, minor"
shall mean a communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment. Such a facility is commonly referred to as a stealth telecommunications facility (see PMC § 17.95.010 (Communication/wireless telecommunications facilities)).
"Community assembly"
shall mean a facility for public or private meetings, including community centers, places of worship, union halls, meeting halls, country clubs, clubhouses, banquet centers, and other membership organizations. Included in this classification is the use of functionally related facilities for the use of members and attendees including, but not limited to, kitchens, multi-purpose rooms, classrooms, and storage.
"Composting facility"
shall mean a facility which causes, under controlled conditions, the biological degradation of organic waste materials, including leaves, grass clippings, garden waste, brush and branches and Christmas trees. The term "composting facility" shall not include compost bins or piles on developed residential property for the exclusive use of the residents of said property.
"Conditional use permit"
shall mean a discretionary entitlement which may be granted under the provisions of this Title which when granted authorizes a specific use for a specific property, subject to compliance with conditions of approval imposed on the entitlement by the Review Authority.
"Condominium"
shall mean a development of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential, industrial, or commercial building on the parcel.
"Congregate meal facility"
shall mean a facility that provides scheduled meals on a daily basis for families or individuals who are homeless or low income. This type of facility is included within social service facilities. This term does not include homeless shelters or transitional housing.
"Construction"
shall mean any parcel preparation, assembly, erection, substantial repair, alteration, or similar action conducted on public or private property.
"Construction and materials yards"
shall mean the storage of construction materials or equipment on a site other than a construction site. This classification includes, but is not limited to, contractor's storage yards and facilities used for the storage and wholesale trade of building materials.
"Construction commencement"
shall mean the start of construction on- and-off-site and structural improvements after a building permit or grading permit has been issued.
"Contiguous"
shall mean directly abutting or sharing a lot line in common.
"Convenience market"
shall mean a neighborhood-serving retail store of 5,000 square feet or less in gross floor area that carries a range of merchandise oriented to daily convenience shopping needs, which may include grocery items and alcoholic beverage sales as allowed by this Title. This classification excludes convenience markets with drive-through service.
"Cottage food operation"
shall mean an enterprise where an individual prepares or packages nonpotentially hazardous foods in his/her/their private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended.
"Cottage industry"
shall mean a more intensive form of home-based business, having more employees, more floor area used for the business, or other signs of greater use of a residential parcel for business purposes. A cottage industry, like a home occupation, remains clearly subordinate to the use of the parcel and dwelling for residential purpose, but includes one or more of the following aspects: requires regular visits by clients or customers; needs frequent delivery or shipment of goods; conducts regular operations or stores materials outside of the residence; has a tendency to create noise, odors, or glare; employs two or more individuals who reside off premises; or includes on-site sales to the public. See "cottage food operation" for food-related operations.
"Counseling"
shall mean the application of mental health, psychological, or human development principles, through cognitive, affective, behavioral, or systemic intervention strategies, that address wellness, personal growth, or career development as well as pathology. Counseling and mental health services are activities that focus on the cognitive, emotional, behavioral, and social needs of individuals, groups, and families. They are designed to prevent and address problems, facilitate positive learning and behavior, and enhance healthy development. Counseling includes individual counseling, small group counseling, classroom guidance, prevention, and crisis response.
"Council"
shall mean the City Council of the City. "All its members" or "all Councilmembers" means the total number of Councilmembers holding office.
"County"
shall mean the County of Los Angeles.
"Court" or "court yard"
shall mean an open, unoccupied space other than a yard, unobstructed from ground to sky, bounded on two or more sides by the 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.
"Crop production"
shall mean the cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. This classification excludes wholesale or retail nurseries (see "Nursery/garden center").
"Cross lot drainage"
shall mean a drainage system that conveys parcel runoff toward the rear or side lot line where it is captured in a drainage channel, pipe, or similar structure and directed across lot lines to an approved point of discharge, or detention or retention.
"Cultural institutions"
shall mean public or quasipublic cultural institutions, examples of which include but are not limited to aquariums, arboretums, art galleries and exhibitions, botanical gardens, zoos, historic sites and exhibits, libraries, and museums. May also include accessory retail uses including, but not limited to, gift/book shops, restaurants, etc.
"Custom home"
shall mean a detached single-family dwelling which is individually designed and constructed to fit the unique requirements of both the parcel and the intended owner.
"Custom home subdivision"
shall mean the division of land into lots which are improved but not developed, intended for sale to purchasers who thereafter will construct custom homes on an individual basis, without development sequencing or phasing by a single builder.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.040 (D).
"Daylight grading"
shall mean a grading technique which designates an existing natural contour as the transition line between a manufactured pad for development and an adjacent natural slope face and which eliminates the need for fill slopes along the exposed edges of the development pad.
"Days"
shall always be consecutive calendar days unless otherwise stated.
"Decision, administrative"
shall mean decisions that are approved by the Director in the process of approving or disapproving a particular use or activity based on adherence with this Title and other applicable regulations and statutes.
"Decision, discretionary"
shall mean decisions that require the exercise of judgment, deliberation, or decision on the part of the Review Authority in the process of approving or disapproving a particular activity, as distinguished from ministerial decisions in which the Review Authority's determination is limited to finding whether there has been conformity with applicable statutes, ordinances, or regulations.
"Decision, ministerial"
shall mean decisions that are approved by a Review Authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority.
"Dedication"
shall mean the donation to a public agency of land or the right to utilize land, for a specific public use.
Density.
See PMC § 17.17.060 (Density).
"Density bonus"
shall mean an increase above the otherwise maximum allowable residential density under the General Plan (the base density).
"Density transfer"
shall mean an increase in density on one portion of a property to a level that may exceed the underlying General Plan designation of that portion of the property while maintaining a net density over the entire property that is consistent with the underlying General Plan designation.
"Department"
shall mean the City Economic and Community Development Department, unless otherwise stated.
"Detached"
shall mean any building or structure that does not have a wall or roof in common with any other building or structure.
"Developer"
shall mean the builder who is responsible for the planning, design, and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Title as determined by the property owner.
"Development"
shall mean the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Title, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition.
"Development proposal"
shall mean an application for approval of a comprehensive plan, subdivision, conditional use permit, tentative tract or parcel map, or any other development permit or entitlement application which has been filed with and is pending for consideration by the City.
"Development site"
shall mean the land area consisting of one or more recorded lots when comprehensively designed and developed. A development site could be either under one ownership or for use as a condominium. The site may be either currently occupied or proposed to be occupied by a main building(s)/primary use(s) and accessory building(s)/use(s) together.
"Director"
shall mean the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.
"Discontinue (discontinuance)"
shall mean the cessation or removal of a use for a specified period of time or permanently.
District, Zone.
See "Zone."
"Drainage facilities"
shall mean improvements constructed for the storage or conveyance of storm runoff in drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.
"Drive-through services (accessory)"
shall mean any business that sells products or provides services to occupants in vehicles, including drive-through or drive-up windows and drive-through services. For drive-throughs as part of an eating establishment, see "Restaurant, drive-through."
"Driveway"
shall mean a paved area providing direct access for vehicles between a street and an allowed off-street parking or loading area.
Duplex.
See "Two-family dwellings/duplex."
"Dwelling"
shall mean a structure or portion thereof designed for residential occupancy, not including hotels or motels.
(1)
Dwelling, Multiple.
See "Multifamily residential, greater than or equal to five units."
(2)
"Dwelling, primary"
shall mean the principal dwelling unit located on a lot where a second or dependent dwelling unit is existing or proposed.
(3)
Dwelling, Single-Family.
See "Single-family dwelling, attached" and "Single-family dwelling, detached."
(4)
Dwelling, Three-Family (Triplex).
See "Multifamily dwelling, triplex/quadplex."
"Dwelling unit"
shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.050 (E).
"Easement"
shall mean the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land.
"Eave"
shall mean the projecting lower edge of a roof overhanging the wall of a building.
"Efficiency apartment"
shall mean a dwelling unit that combines kitchen, living, and sleeping facilities into one room in a multifamily dwelling.
"Electric distribution substation"
shall mean an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
"Elevation"
shall mean:
(1)
A vertical distance above or below a fixed reference level; or
(2)
A flat scale drawing of the front, rear or side of a building or structure.
"Emergency"
shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or public services.
"Emergency shelters"
shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.
"Emergency standby generator"
shall mean stationary generator used for the generation of electricity that meets the criteria set forth in paragraph (29) of subdivision (a) of Section 93115.4 of Title 17 of the California Code of Regulations.
"Employee parking area"
shall mean the portion of total required parking at a development used by on-site employees.
"Enclosed"
shall mean a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, unless otherwise specified.
"Engineer, City"
shall mean the City Engineer of the City.
"Entertainment, live"
shall mean any act, play, revue, pantomime, scene, dance act, musical performance, performance art, or song and dance act, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. See also "live entertainment as accessory use, indoor (accessory)," and "live entertainment as accessory use, outdoor (accessory)."
Entitlement.
See "Approval."
"Exotic animal"
shall mean any warm or cold-blooded animal not normally maintained in a dwelling unit with people, not considered domesticated within California, or requiring a permit from the State of California Department of Fish and Wildlife.
"Explosives"
shall mean any explosive substance, having a power equal to or greater than that of ordinary black powder, including but not limited to blasting caps, detonating, fulminating or electric caps, gunpowder, and dynamite, but shall not include fixed ammunition for small arms.
"Extraction"
shall mean the removal from the earth of oil, water, gas, gravel, mineral or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.060 (F).
"Fair market value"
shall mean the amount to be determined pursuant to Business and Professions Code Section 5412.
"Family day care center"
shall mean establishments providing nonmedical care for persons on a less than 24-hour basis other than child day care in a home. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
"Farmers' market"
shall mean any location or activity where a variety of agricultural and home-made products, including but not limited to fruits, vegetables, meats, nuts, and flowers, are offered for sale to the general public by farmers and produce growers who are certified by a farmers' market association.
"Feasible"
means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
"Fence"
shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
"Fence, open view"
shall mean a fence that permits at least 50 percent open visibility through the fence.
"Fill"
shall mean any material or substance which is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the conditions resulting therefrom. Fill also includes pilings placed for the purpose of erecting structures thereon when located in a submerged area. Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.
"Film production and postproduction"
shall mean motion picture and television facilities, and related media support facilities for the production, processing, reconstruction, synchronization of film with soundtrack, and distribution of motion pictures and other forms of audiovisual products, including but not limited to education and entertainment films, tapes, and other reproduction media. This classification includes, but is not limited to, film sets, workshops, prop houses, sound stages, accessory administrative and production offices, postproduction facilities (editing and sound recording studios, foley stages, and the like), special effects and optical effects units, film laboratories, and the like.
"Flag"
shall mean a piece of fabric, plastic or other flexible material that is designed to hang from a pole, flex in the wind, and be used to display a symbol of a nation, government entity, religious entity or other organization, or be used to signal or attract attention.
"Floor area, habitable"
shall mean the total horizontal area of all the floors of a building measured from the interior surface of the walls including all floors below ground level but exclusive of vent shafts, courts, and garages.
Floor Area Ratio (FAR).
See PMC § 17.17.050 (Floor area and lot coverage).
"Food or beverage manufacturing"
shall mean establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products for off-site consumption and any instruction, direct sales, or on-site consumption are incidental to the food production activity. This classification includes, but is not limited to, coffee roasters, meat or fish processing, and wholesale bakeries. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices, necessary to support the use. This classification excludes slaughtering of animals or fowl.
"Food preparation, commercial"
shall mean businesses preparing and/or packaging food primarily for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation (see "Food or beverage manufacturing"). Typical uses include, but are not limited to, caterers and commercial kitchens, and commercial/wholesale bakeries. This classification excludes bakeries, cheese shops, butchers, etc., operating for on-site sales only (not engaging in distribution to other food sellers inside/outside of the City).
"Fortunetelling, palm and card reading"
shall mean establishments providing any type of palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade for donation or compensation.
"Freight/trucking facility"
shall mean any property and improvements used for freight, courier, and postal services; trucking/freight operations; or freight transfer truck terminals including the parking, servicing, repairing, storage of trucks, truck tractors, and/or truck trailers. This classification excludes local messenger and local delivery services (see "Light fleet-based services").
"Front wall"
shall mean the nearest wall of a structure to the street upon which the structure faces, excluding cornices, canopies, eaves, and any other allowed projections.
"Frontage"
shall mean that side or sides of a parcel abutting a street.
"Fueling station"
shall mean an establishment primarily engaged in retailing vehicle fuels or providing electric vehicle (EV) charging facilities in combination with activities including, but not limited to, minor vehicle repair services; selling vehicle oils, replacement parts, and accessories; and/or providing incidental food and retail services. Car washes are excluded.
"Funeral homes and mortuaries"
means places of business where deceased are prepared for burial or cremation, and funeral services may be conducted.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.070 (G).
"Gable"
shall mean the vertical triangular end of a structure from cornice or eaves to ridge.
"Garage, private"
shall mean an accessory structure or an accessory portion of the main structure, designed and intended to be used primarily for the shelter or storage of vehicles owned or operated by the occupants of the main structure.
"Garage, public"
shall mean a structure other than a private garage used for the parking and storage of vehicles that is available to the general public.
Garage Sale.
See "Yard sales (temporary use)."
"Garden/greenhouse, private"
shall mean a private food-producing garden or greenhouse that is accessory to the primary use of the site.
Gas Station.
See "Fueling station."
"General Plan"
shall mean the comprehensive, long-term General Plan for the physical development of the City, as adopted by the City Council, and as thereafter amended.
"General retail"
shall mean the retail sale or rental of merchandise not specifically listed under another use classification. This classification is regulated by size and includes retail establishments including, but not limited to, department stores, home improvement centers, clothing stores, furniture stores, pet supply stores (no on-site sale/keeping of animals), small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: collectible stores, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, firearms, sporting goods, kitchen utensils, hardware, appliances, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, and bicycles. General retail includes new vehicle sales with indoor display of up to two vehicles. General retail sales may be combined with ancillary services including but not limited to office machine, computer, electronics, and similar small-item repairs.
"Glare"
shall mean the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and ability.
"Government Code"
shall mean the State of California Government Code.
"Grade"
shall mean the vertical location of the ground surface.
(1)
"Grade, existing or natural"
shall mean the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
(2)
"Grade, finished"
shall mean the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
(3)
"Grade, rough"
shall mean the ground elevation after the completion of any grading or other site preparation to establish the approximate final elevations and drainage patterns for the proposed development or alteration of an existing development.
"Gradient"
shall mean 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. See also "slope" and "slope steepness."
"Grading"
shall mean any excavation, filling, or movement of earth material by mechanical means, including but not limited to rock processing, dredging, blasting, bulldozing, and digging.
"Grading, mass"
shall mean a grading technique in which all lots, building pads and streets are graded over the entire parcel area resulting in the disruption of the majority of the on-site natural grade and vegetation, and often resulting in, but not required to result in, a successive pad/terrace configuration.
"Grocery store"
shall mean an establishment over 5,001 square feet, primarily engaged in the retail sale of products including, but not limited to, food, meat, dry goods, canned goods, produce, dairy, fresh and prepared meats, fish, and poultry. This classification excludes convenience markets.
"Gross leasable area (GLA)"
shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from inside wall faces.
"Group residential home"
shall mean shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semitransient residents on a weekly or longer basis. This classification includes rooming and boarding houses, employee housing, dormitories and other types of organizational housing, and private residential clubs, but excludes "lodging," "hotels and lodging," "motels," "sober living homes," "transitional housing," and "residential care facilities."
"Guest house"
shall mean living quarters within a detached building located on the same premises with the main building, for use by temporary guests of the occupants of the premises. Such quarters may have a bath and toilet facilities, but no kitchen facilities and not be rented or otherwise used as a separate dwelling. Guest houses must be less than 300 square feet in area.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.080 (H).
"Habitable structure"
means a structure that is suitable for human occupancy for purposes of employment, habitation, or other purpose.
"Hardscape"
shall mean any inorganic decorative landscape materials, including but not limited to stones, boulders, cobbles, pavers, decorative concrete, and/or mulch, incorporated into an overall landscape design.
"Hazardous materials facility"
shall mean a hazardous materials facility, including all contiguous land and structures used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous materials or waste as defined in California State Health and Safety Code Section 25117.1. This classification excludes the storage of small quantities of explosives or hazardous materials, as customary in hardware, landscaping, or sporting goods stores, etc. See related definitions in PMC Chapter 17.96 (Hazardous Materials Facilities).
"Health Department"
shall mean the County of Los Angeles Department of Health Services/Public Programs.
Height.
See "Building height."
"Hillside area"
shall mean any property containing slope areas of 10 percent or greater.
"Home occupation"
shall mean any activity of a nonresidential nature carried on within a living unit or accessory structure, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the living unit. Home occupations typically include uses which involve infrequent or no visits by clients or customers, need infrequent delivery or shipment of goods, and utilize only a small area of the residence to conduct operations. A home occupation may include, but is not limited to, the handicraft manufacturing of products, the conduct of an art or profession, the offering of a service, or an administrative office for the conduct of a business.
Homeless Shelter.
See "Emergency shelters."
"Homeowner's association"
shall mean an organization incorporated under State law among property owners who have a common interest in certain property.
"Horticultural production"
shall mean commercial facilities for growing flowers, trees, and ornamentals. This classification excludes wholesale or retail nurseries (see "Nursery/garden center").
"Hospital"
shall mean a facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Hospitals shall be licensed by the State of California to provide surgical and medical services. Hospitals may include on-site accessory clinics and laboratories, accessory retail uses, and on-site ambulance dispatch facilities.
"Household"
shall mean one or more individuals, related or unrelated, living together in a single dwelling unit.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.090 (I).
"Illegal structure, use, or lot"
shall mean a structure, lot, or use which did not conform to applicable laws when constructed or initiated and has not been granted legal nonconforming status by a categorical provision of this Title or has not been brought into full conformity by a specific remedy provided in this Title.
"Immobile populations"
shall mean persons who cannot or should not be moved. Centers of immobile populations include, but are not limited to, schools, hospitals, convalescent homes, prisons, and facilities for the mentally ill.
"Improvement"
shall mean any place, building, structure, natural feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition or facade.
"Improvement, tenant"
shall mean an improvement within the confines of an existing building exclusive of those required to meet minimum Uniform Building Code occupancy standards which include but are not limited to wiring or plumbing.
"Income, low"
shall mean those households earning 80 percent or less of the area median income as defined in Section 50079.5 of the Health and Safety Code.
"Income, moderate"
shall mean those households earning 120 percent or less of the area median income as defined in Section 50093 of the Health and Safety Code.
"Income, very low"
shall mean those households earning 50 percent or less of the area median income as defined in Section 50079.5 of the Health and Safety Code.
"Indoor warehousing, storage, wholesaling, and distribution"
shall mean indoor storage and/or sale of goods to other firms for resale; storage of goods for transfer to retail outlets; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. This classification includes cold storage, freight moving and storage, warehouses, distribution and wholesalers. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or internet orders. Wholesalers typically operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. This classification excludes wholesale sale of building materials (see "Building materials sales and services") or any use that involves cannabis.
"Inoperative vehicle"
shall mean any vehicle which is not currently registered, or which is not capable of self-propulsion.
"Institutional use"
shall mean an established organization, foundation, civic, or governmental agency dedicated to education, public service, or culture.
"Instructional services"
shall mean facilities that offer specialized programs in personal growth for students of any age group. Examples of these facilities include but are not limited to individual and group instruction and training in the arts; production rehearsal; photography; martial arts training studios; gymnastics instruction; and aerobics and gymnastics studios with no other associated fitness facilities (e.g., health club, pool, etc.). Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
"Intersection"
shall mean where two or more roads connect at grade.
"Irrigation system"
shall mean a connection of system components, including the water distribution network and the irrigation equipment downstream from the backflow prevention device that is necessary to ensure that all landscape areas and landscape materials are thoroughly and adequately watered.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.100 (J).
"Junior accessory dwelling unit (JADU)"
shall mean an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Junk"
shall mean any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" or "salvage material" within the meaning of this Title.
"Junk yard"
shall mean the same as "Salvage yards."
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.110 (K).
"Kennels, private/hobby"
shall mean any lot where four or more dogs or cats, over the age of four months, are kept or maintained.
"Kennels/boarding, commercial"
shall mean a commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding, or maintaining dogs, cats, or other household pets not owned by the kennel owner or operator that provide 24-hour accommodations of animals. Typical uses include pet clinics, pet hotels, animal shelters, but exclude veterinary hospitals and pet daycare.
"Kiosk/outdoor vending"
shall mean a freestanding, walk-up facility for retail sales of merchandise or services; this use is generally operated as a kiosk or cart in conjunction with a shopping center or other retail establishment. For facilities with a drive-through access, see "Drive-through services (accessory)."
"Kitchen"
shall mean any space within a building designed, intended to be used or used for the cooking or the preparation of food, including storage and refrigeration.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.120 (L).
Land Reclamation Project.
See "Sanitary landfill."
"Land use"
shall mean the way in which property is or will be utilized or occupied.
"Landform grading"
shall mean a design concept which utilizes grading techniques that stress the preservation of significant topographic features, the selective placement of development, variations to slope gradients, transitional slopes, and the sculpture-like shaping of manufactured slopes in a manner that replicates the shapes and characteristics of natural landforms.
"Landscape, live plant material"
shall mean any combination of live plant materials (trees, shrubs, vines, ground cover) and pervious nonplant materials (gravel, stones, decomposed granite, mulch, etc.). Live plant materials include ground cover, shrubs, and trees.
"Landscape setback area"
shall mean the entire setback area less the footprint of legally erected structures, driveways, nonirrigated portions of parking lots, and structures including but not limited to decks and patios. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
"Landscaping"
shall mean the planting and continuous maintenance of some combination of trees, shrubs, vines, ground cover, flowers, lawns, pervious nonplant materials, or other decorative features to land. This may include the installation of natural landscape features including but not limited to rock and stone, earthen berms, walkways, plazas, courtyards, and structural features including but not limited to fountains, reflecting pools, art works and benches.
Large Residential Care Facility.
See "Residential care facility, large."
"Laundromat"
shall mean a business premises equipped with individual clothes washing and drying machines whether coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house, hotel, or motel. This classification excludes commercial laundry facilities (see "Manufacturing/processing, light").
"Law"
denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
"Legislative body"
shall mean the City Council of the City.
"Light fleet-based services"
shall mean passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 pounds. This classification includes, but is not limited to, parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
"Light source"
shall mean a device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen, and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.
Liquor Store.
See "Alcohol sales, off-sale."
"Live entertainment as accessory use, indoor (accessory)"
shall mean music, comedy, dancing, acting, or other entertainment performed indoors. This includes dancing by patrons to live or recorded music and any activity with amplified sound that can be heard outside the facility. This classification excludes adult-oriented entertainment (see "Adult-oriented business").
"Live entertainment as accessory use, outdoor (accessory)"
shall mean music, comedy, readings, dancing, acting, or other entertainment performed in an outdoor setting. This classification excludes adult-oriented entertainment (see "Adult-oriented business").
"Live/work"
shall mean an integrated housing unit and working space, occupied, and utilized by a single household structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and where the residential use is secondary and accessory to the primary use as a place of work.
"Loading space"
shall mean an area used exclusively for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
"Located within the public right-of-way"
shall include any facility which, in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way.
"Lodging, extended stay"
shall mean a building or group of buildings under single ownership, containing six or more rooms or suites providing transient or temporary lodging for periods not limited to 30 days, available at daily, weekly, or monthly rates to guests only. Rooms often have independent cooking facilities, and these establishments may also include accessory services including but not limited to restaurants, meeting rooms, function halls, common facilities, and recreation facilities. Includes extended stay hotels and apartment hotels.
"Lodging, hotels"
shall mean a building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. These establishments may provide additional services and amenities including, but not limited to, conference and meeting rooms, restaurants, bars, spas, or recreation facilities available to guests or to the general public. Common facilities, including but not limited to those for reservations, cleaning services, and on-site management, are provided.
Lodging House.
See "Group residential home."
"Lodging, motels"
shall mean a building or group of buildings containing individual sleeping or living units for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. Typically, such units open individually and directly to the outside, where a garage is attached or a parking space is conveniently located near each unit, all for temporary use by automobile tourists or transient travelers. Generally, includes limited amenities or services.
"Lodging, timeshares"
shall mean a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from 12 or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property.
"Lot"
shall mean a parcel, tract or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon. The classification of lots are:
(1)
"Corner"
shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an "Interior lot."
(2)
"Flag"
shall mean a lot having access or an easement to a public or private street by a narrow, private right-of-way.
(3)
"Interior"
shall mean a lot abutting only one street.
(4)
"Key"
shall mean a lot with a side line that abuts the rear line of any one or more adjoining lots.
(5)
"Reverse corner"
shall mean a corner lot, the rear of which abuts the side of another lot.
(6)
"Through"
shall mean a lot having frontage on two generally parallel streets, with only one primary access.
Figure 17.16.120-1. Lot Types |
|---|
 |
"Lot area, gross"
shall mean the total horizontal area of a lot or parcel of land inclusive of the following, except as otherwise provided in this Title:
(1)
Public alleys, highways or streets; or
(2)
Proposed public facilities which include, but are not limited to, alleys, highways, streets, or other necessary public sites when included within a proposed project; or
(3)
Other public or private easements where the owner of the property does not have the right to use the entire surface of the land.
Figure 17.16.120-2. Gross Lot Area |
|---|
 |
"Lot area, net"
shall mean the total horizontal area of a lot or parcel of land exclusive of the following, except as otherwise provided in PMC § 17.81.010 (Lot area):
(1)
Public alleys, highways, or streets, except as provided in PMC § 17.81.010 (Lot area); or
(2)
Proposed public facilities which include but are not limited to alleys, highways, streets, or other necessary public sites when included within a proposed project; or
(3)
Other public or private easements where the owner of the property does not have the right to use the entire surface of the land.
Lot Coverage.
See PMC § 17.17.050(C) (Determining Lot Coverage).
Lot Depth.
See PMC § 17.17.040 (Lots and setbacks).
"Lot line"
shall mean any boundary of a lot. The classification of lot lines are:
(1)
"Lot line, front"
shall mean the line separating the parcel from the street on an interior lot. On a corner lot, "front" shall mean the shorter lot line abutting a street. If the lot lines on a corner lot are equal in length, the front lot line shall be based on the street with the highest classification in the General Plan. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot (for flag lots, the front shall be the portion with the "pole," excluding the "pole").
(2)
"Lot line, interior"
shall mean any lot line not abutting a street.
(3)
"Lot line, rear"
shall mean a lot line not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line (e.g., triangular lot), a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setbacks, and other provisions of this Title.
Figure 17.16.120-3. Rear Lot Line on Irregular Lots |
|---|
 |
(4)
"Lot line, side"
shall mean any lot line that is not otherwise defined as a front, rear, or street side lot line.
(5)
"Lot line, street side"
shall mean any lot line abutting a street that is not determined to be a front lot line.
Lot Width.
See PMC § 17.17.040 (Lots and setbacks).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.130 (M).
"Manufactured home,"
as defined in State of California Health and Safety Code Section 18007, shall mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Manufactured Slope.
See "Slope, manufactured."
"Manufactured/mobile home park"
shall mean a development designed and occupied by manufactured/mobile housing units or park models including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile/manufactured/park model housing units through a subdivision, cooperative, condominium, or other form of resident ownership.
"Manufactured/mobile home subdivision"
shall mean an area of land where lots are divided for sale, rent, or lease to accommodate manufactured/mobile homes. See also "Manufactured/mobile home park."
"Manufacturing"
shall mean the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials including but not limited to plastics, resins, or oils.
"Manufacturing, outdoors"
shall mean establishments engaged in the outdoor assembly, fabrication, or manufacturing of nonedible products from extracted, raw, recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, including, but not limited to, noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
"Manufacturing/processing, heavy"
shall mean indoor establishments engaged in the assembly, fabrication, or manufacturing of nonedible products from extracted, raw, recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties including, but not limited to, noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products (large), and automotive and heavy equipment. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
"Manufacturing/processing, light"
shall mean indoor establishments engaged in manufacturing of nonedible products and finished parts primarily from previously prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties including, but not limited to, noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use; monument works; printing, engraving, and publishing; computer and electronic product manufacturing; fabricated metal products (small); furniture and related product manufacturing (excluding artisan manufacturing/makers spaces); commercial laundry processing and other cleaning operations that use chemical solvents; and industrial services. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
Mass Grading.
See "Grading, mass."
"Massage"
means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids including, but not limited to rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, including but not limited to Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath, including herbal body wraps.
"Massage establishment, accessory"
shall mean massage services as an accessory use. Examples include, but are not limited to, massage chairs/services at shopping malls or in hotels.
"Massage establishment, stand-alone"
shall mean any establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse, or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.
"Massage technician"
includes "masseur," or "masseuse," "massage practitioner" and "massage therapist," and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this Title.
"Median"
shall mean a paved or planted area separating a street, accessway or highway into one or more lanes of opposite direction of travel.
"Medical services, extended care"
shall mean a private medical services facility providing for regular care on an extended basis as required beyond immediate in-office visits; generates limited to no walk-in service. Examples include, but are not limited to, nursing homes, adult residential facilities treating mental health, and the like. Usually includes incidental medical laboratories.
"Medical services, medical/dental/holistic/clinic"
shall mean a facility other than a hospital where medical, dental, holistic, mental health, surgical, and/or other personal health care services are provided on an outpatient basis (for example, chiropractors, medical doctors, psychiatrists, other than nursing staff). May also include incidental medical laboratories, supporting pharmacies, etc. "Medical services, medical/dental/holistic/clinic" excludes any establishment offering professional or counseling services conducted, operated, or supervised by other types of professionals other than medical doctors or psychiatrists (e.g., social workers, career counselors), which are included under "Office, professional/administrative."
"Medical services, urgent care"
shall mean an establishment providing limited clinical and emergency medical services through primarily walk-in service. May also include incidental medical laboratories. This classification excludes urgent care services as part of a hospital.
"Microblading/permanent makeup"
shall mean an establishment whose principal business activity is using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin as a means of producing designs that resemble makeup, including but not limited to eye-lining and other permanent enhancing colors to the skin of the face, lips, eyebrows, and eyelids. This classification excludes tattoo/body art/piercing establishments.
"Mining/resource extraction"
shall mean the use of a site for extraction of surface or subsurface mineral products or natural resources. This use includes borrow pits, mining operations, oil drilling or fracking, and uses incidental to mining operations including temporary stockpiling of materials and structures necessary for the on-site production of mineral products or natural resources.
"Mobile home"
shall have the meaning set forth in State of California Health and Safety Code Section 18008.
"Model home (on-site)"
shall mean a dwelling unit temporarily used for display purposes as an example of dwelling units available for sale in a particular residential development.
"Modular/prefabricated homes"
shall mean modular or prefabricated units are constructed inside building facilities and then transported to the building site for assembly. The main difference between manufactured homes and modular homes is that manufactured homes are built to the national HUD code, while modular/prefabricated units are built to all applicable State and local building codes.
"Month"
means a calendar month.
"Motor vehicle"
shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
"Mounted"
shall mean attached or supported.
"Mulch"
shall mean any material, organic or inorganic, including but not limited to leaves, straw, gravel, decomposed granite or other materials left loose and applied to the soil surface to reduce evaporation.
"Multifamily dwelling, triplex/quadplex"
shall mean three or four dwelling units on a permanent foundation on one lot or parcel, or a single structure designed or used for occupancy by three or four households, living independently of each other. Three or four side-by-side dwellings sharing a common wall but located on their own lots are considered single-family attached dwellings/townhomes. Includes stationary modular/prefabricated homes.
"Multifamily residential, greater than or equal to five units"
shall mean a building, parcel, or site with five or more dwelling units; units may be attached or detached. Includes stationary modular/prefabricated homes.
Municipal Code.
See "Palmdale Municipal Code (PMC)."
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.140 (N).
"Neighborhood market"
shall mean an establishment under 5,000 square feet, primarily engaged in the retail sale of a variety of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish, and poultry. No alcohol sales are allowed (See "Convenience market").
"Nonconforming structure, legal"
shall mean any structure or improvement that was lawfully established pursuant to all applicable ordinances and laws at the time it was erected, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
"Nonconforming use, legal"
shall mean any use of land or property that was lawfully established pursuant to all applicable ordinances and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
"Nonresidential development"
shall mean any development which is designated, used, or intended to be used for any purpose other than a residence or residences.
"Nuisance"
shall mean anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin or any public square, street or highway.
"Nuisance activities"
shall mean any conduct or actions which is a nuisance, which includes without limitation the following: disturbance of the peace; illegal drug activity; public drunkenness; illegal public consumption of an alcoholic beverage; public urination; harassment of passerby; gambling; prostitution; sale of stolen goods; excessive loud noise; lewd conduct; loitering; vandalism; assault; battery; sale to and/or consumption of alcohol by minors; and illegal parking.
"Nursery/garden center"
shall mean any establishment(s) primarily engaged in retailing nursery and garden products, including but not limited to trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.150 (O).
"Office, processing"
shall mean office-type facilities characterized by high employee densities and occupied by businesses engaged in information processing and other computer-dependent and/or telecommunications-based activities. Examples of these uses include, but are not limited to, airline and rental car company reservation centers, computer software and hardware design and development, consumer credit reporting, data processing services, call centers, medical offices where no medical services are provided, insurance claim processing, telecommunications facility design and management, and mail order and electronic commerce transaction processing.
"Office, professional/administrative"
shall mean office-type facilities occupied by businesses that provide professional services or are engaged in the production of intellectual property. Examples of these uses include, but are not limited to, accounting services, advertising agencies, attorneys, business associations, commercial art and design services, construction contractor offices, design services (e.g., architecture, engineering), management and public relations services, news services, photography studios, financial management/counseling, clerical employee services, security and commodity brokers, and writer/artist offices.
"Office, service"
shall mean establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and elected official satellite offices. This classification excludes banks, financial, savings and loan institutions.
"Official zoning map"
shall mean a map which graphically shows all zone boundaries and classifications within the City, as contained within this Title, and is on file in the Palmdale Economic and Community Development Department.
"Open space, common"
shall mean usable open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open spaces may be indoor rooms or outdoor open spaces that are shared and accessible only to building residents and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common open spaces include courtyards, gardens, play areas, open landscaped areas, outdoor dining areas, recreational amenities, rooftop amenities, and community rooms, among others, but exclude pavement or driveway areas, or parkway landscaping within the public right-of-way.
"Open space, natural"
shall mean natural open space, and habitat and/or resource conservation areas.
"Open space, private"
shall mean usable open space intended for private use for each dwelling unit and may include balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others. Private open space includes private patios or balconies and front, rear, or side setbacks on a lot designed for single-family detached or attached housing.
"Open space, usable"
shall mean outdoor or unenclosed area on the ground or on a deck or terrace, designed and accessible for outdoor living recreation, pedestrian access, or landscaping but excluding streets, parking facilities, driveways, utility, or service areas. Setback areas are not considered usable open space unless they are at least 20 feet wide.
"Ordinance"
shall mean an ordinance of the City.
"Outdoor dining (accessory)"
shall mean any group of tables and chairs, and its authorized decorative and accessory features, situated and maintained in an open or partially enclosed or screened area on public or private property for use in connection with the consumption of food and beverage sold on site.
"Outdoor display"
shall mean the long-term placement of goods or merchandise not located within an entirely enclosed building and without screening or fencing.
"Outdoor entertainment"
shall mean a predominantly spectator use, conducted in open or partially enclosed or screened facilities. This classification typically includes amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.
"Outdoor storage (accessory)"
shall mean on-site at-grade or shelved space for the storage of business-related materials, products, and goods. All on-site storage shall be limited to those materials directly used or produced in relation to the functional on-site business activity, subject to all storage and screening requirements of the applicable zone.
"Outdoor storage (primary)"
shall mean an establishment whose principal use is the outdoor storage of materials, products, or equipment, subject to all storage and screening requirements of the applicable zone.
"Outdoor storage (temporary)"
shall mean the outdoor storage of materials, products, or equipment on a temporary basis.
"Overspray"
shall mean water from an irrigation system that is delivered beyond the landscaped area, wetting pavements, walks, walls, structures, or other nonlandscaped areas.
"Owner, building or land"
shall mean any person appearing on the last equalized assessment roll of the County of Los Angeles, including any part owner and joint owner.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.160 (P).
"Pad, building"
shall mean that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.
"Palmdale Municipal Code (PMC)"
shall mean the compilation of the applicable ordinances (rules, regulations, or standards) that establish the legal foundations of the City.
"Parapet"
shall mean the extension of the main walls of a building above the roof level.
"Parcel of land"
shall mean a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant(s) or person(s).
"Park model" or "park trailer"
shall mean a trailer mounted on wheels, or originally mounted on wheels and from which the wheels have been removed. A park trailer shall meet all of the following requirements:
(1)
It contains 400 square feet or less of gross floor area, excluding loft area space if that loft area space meets the requirements of Subdivision (b) and Section 18033 of the California Health and Safety Code. It may not exceed 14 feet in width at the maximum horizontal projection;
(2)
It is built on a single chassis; and
(3)
It may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the California Vehicle Code.
"Parking, covered"
shall mean a permanent carport or garage that provides full overhead protection from the elements with roof coverings customarily used in building construction. Canvas, plastic, lathe, and vegetation are not ordinary roof coverings and do not qualify, when used, as providing a covered parking space.
"Parking lots and structures"
shall mean surface parking lots and structures when such use is not incidental to another on-site activity. This classification may include park and ride facilities, be located above or below grade, and use of the parking structure may be subject to a fee.
"Parking space"
shall mean land or space, covered or uncovered, including space in a private garage, laid out for, surfaced, and used or designated to be used for parking of a motor vehicle and permanently maintained as such. "Parking space" does not include drive aisles, ramps, loading or work/service areas and other areas used for ingress and egress to parking spaces.
"Parks and recreation facilities"
shall mean parks, playgrounds, recreation facilities, trails, and related open spaces, all of which are noncommercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, botanical gardens and community gardens, as well as related food concessions or community centers within the facilities. For facilities that include a lighted field, see "Athletic fields, lighted."
"Parkway"
shall mean the area of a public street that lies between the curb and the adjacent property line or physical boundary definition including but not limited to fences or walls, which is used for landscaping and/or passive recreation purposes, and utility services.
"Passenger transportation facilities"
shall mean a facility for passenger transportation operations, including, but not limited to, rail stations, bus terminals and pick-up areas, and scenic and sightseeing facilities. This classification excludes terminals serving airports or heliports, taxis, etc. (see "Airports and heliports").
"Patio cover"
shall mean any roof-like structure attached to another structure, or any extension of a roof line, constructed for the purpose of decoration or protection from the elements in connection with outdoor living.
Patio Sales.
See "Yard sales (temporary use)."
"Pawnshop"
shall mean an establishment engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of such property.
"Permit"
shall mean written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
"Permitted use"
shall mean the same as "allowed use."
"Permittee"
shall have the meaning of persons who have been issued a permit including owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Title, or the agent(s) of such persons, and all successors in interest.
"Person"
shall mean any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.
"Personal services"
shall mean establishments providing nonmedical services to individuals as a primary use. In addition to the uses included herein, personal services uses may also include accessory retail sales of products related to the services provided. Examples include, but are not limited to, barber/beauty shops, clothing rental, computer-related services (rental/repair), electronics/small machinery maintenance and repair, blueprint printing, binding, engraving, photocopying, or related services, film processing and photofinishing, locksmith, mailbox services, shoe and luggage repair, tailors, waxing/tanning salons, and dry-cleaning (pick-up/retail storefront, without processing facilities).
"Personal storage warehousing or facility"
shall mean facilities offering enclosed storage with individual access for personal effects and household goods including miniwarehouses and ministorage. May include accessory RV storage. This classification shall exclude workshops, hobby shops, manufacturing, or commercial activity.
"Pet daycare"
shall mean a commercial, nonprofit, or governmental facility for keeping or maintaining dogs, cats, or other household pets not owned by the facility owner or operator that provide daily accommodations of animals (not including overnight stays).
"Piercing, ear"
shall mean making a hole(s) through the ear lobe or other parts of the ear with the use of a disposable single-use, presterilized stud or clasp or needle. "Ear piercing" does not include the piercing of any other body part of the human body other than the ear. See "Tattoo/body art/piercing establishment."
"Planned development"
shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.
"Planning Commission"
shall mean the Planning Commission of the City.
"Pole"
shall mean a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Title.
"Porch"
shall mean a structure attached to a building to shelter an entrance or to serve as a semi-enclosed landing area providing access to the building; usually roofed and generally open-sided.
"Preceding" and "following"
mean next before and next after, respectively.
"Principal use"
shall mean the primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Title.
Professional Office.
See "Office, professional/administrative."
"Project"
shall mean any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Title. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.
"Projection, architectural"
shall mean a building feature that is mounted on, and/or extends from the surface of the building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, eaves, cornices, porches, chimneys, awnings, canopies, or similar projections from a building.
"Prominent landform"
shall mean a hill, portion of a ridge, canyon or similar features which possess a high level of visibility from existing and undeveloped areas within the City's sphere of influence and form a component of the City's natural skyline backdrop. Included within this definition would be landforms associated with the San Andreas Rift Zone and the lower foothills of the San Gabriel mountains.
"Property"
includes real and personal property.
"Property, contiguous"
shall mean those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way and/or easements.
Property Line.
See "Lot line."
"Property owner"
shall mean the individual or company that has ownership rights to a property such as a parcel of land or building. The property owner is responsible for the payment of any rates and taxes that arise. The property owner shall be responsible for complying with the provisions of this Title either directly or by delegating such responsibility as appropriate to a tenant and/or his or her agent.
"Public facilities"
shall mean any establishment, building or operation which is intended to be utilized for the establishment of public and/or quasi-public uses.
"Public right-of-way"
shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.
"Public service facility"
shall mean facilities providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities. Excludes hospitals.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.170 (Q).
Quarry.
See "Mining/resource extraction."
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.180 (R).
"Reclamation"
shall mean the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.
"Recorder"
shall mean the Recorder of the County of Los Angeles.
"Recreational vehicle (RV)"
shall mean a mobile structure designed as temporary living quarters for recreation, vacation, camping, or travel use, which is either self-propelled or is mounted on or drawn by another vehicle. Examples include, but are not limited to, an RV, travel trailer, camping trailer, fifth-wheel trailer, truck camper, motor home, or camper van.
"Recreational vehicle park"
shall mean any area or tract of land where one or more lots are rented or leased or held out for rent or lease to owners or users of RVs or tent camping used for travel or recreation purposes. RV parks can include utility hook-ups and amenities which could include but are not limited to a pool, recreational structure, and playground.
"Recyclable material"
shall mean reusable material including, but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported pursuant to Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling collection facility"
shall mean any establishment, including a place of business, center, or stand-alone container, for collecting recyclable materials.
(1)
"Recycling collection facility, small"
shall mean a center which occupies an area no more than 500 square feet for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment. Collection facilities may include the following:
(a)
Mobile units;
(b)
Bulk reverse vending machines occupying more than 50 square feet;
(c)
Kiosk type units which may include permanent structures; and
(d)
Unattended containers placed for the donation of recyclable materials.
(2)
"Recycling collection facility, large"
shall mean a center which occupies an area in excess of 500 square feet and which may include permanent structures.
"Recycling processing facility"
shall mean a building or enclosed space used for the processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
(1)
"Recycling processing facility, heavy"
shall mean any processing facility other than a light processing facility.
(2)
"Recycling processing facility, light"
shall mean a facility that occupies an area of not more than 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
Religious Assembly Use.
See "Community assembly."
"Resale/consignment/thrift shop"
shall mean an establishment engaged primarily in the retail sale of secondhand merchandise.
"Research and development"
shall mean any business combining activities, laboratories, and facilities for research; uses involve the production of experimental products that neither constitute nor cause a public health risk to employees and/or to surrounding properties and/or residents.
"Residence"
shall mean one or more rooms designed, used, or intended to be used as permanent living quarters for a household and not as temporary or overnight accommodations.
"Residential care facilities"
shall mean an integrated facility that provides accommodations for varying levels of care to residents, depending on need. This classification contains the following components: independent living units; residential care facilities; and continuing care, Alzheimer, and related facilities. Residential care facilities may include supportive medical and nonmedical services directly affiliated with the treatment of on-site patients. Residential care facilities are categorized by the following programmatic elements:
(1)
"Residential care facility, small"
shall mean any State-licensed facility, place, or structure that is maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).
(2)
"Residential care facility, large"
shall mean any State-licensed facility, place, or structure that is maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications). This definition excludes hospitals and those facilities that qualify as small residential care facilities.
"Residential sports court"
shall mean any recreational court or activity area constructed on the same parcel as an existing residence for the private use of the occupants of the principal dwelling or their nonpaying guests. Residential sports courts shall not be allowed to be utilized for paid instructional or commercial purposes or as a sport team practice facility. Residential sports courts include, but are not limited to, complete or partial portions of the following: basketball courts, batting cages, football fields, hockey rinks, badminton, racquetball or squash courts, skateboard ramps, tennis courts, volleyball courts or other similar uses. A basketball hoop utilizing a driveway or attached to a structure is not a residential sports court for purposes of this Title.
"Residentially designated property"
shall mean property in any jurisdiction which is either zoned or designated in the General Plan for residential uses.
"Restaurant, bona fide"
shall mean a place which is regularly and in a bona fide manner 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 ordinary meals, the kitchen of which shall be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and shall comply with all the standards of the local Department of Health. For purposes of this Title, a restaurant will be considered a bona fide restaurant if the following criteria are satisfied:
(1)
A bona fide restaurant shall have an on-site operational kitchen from which a substantial portion of the menu items are prepared.
(2)
A bona fide restaurant shall keep its kitchen open and operational and shall provide food service until one-half hour before the establishment closes.
(3)
No more than 10 percent of the gross floor area is used for the sale, display and storage of alcoholic beverages for consumption on the premises.
(4)
Alcoholic beverages are sold only for consumption on the bona fide restaurant premises.
(5)
The primary use is sit-down dining.
(6)
Any take-out food service is incidental to the primary use.
(7)
If a dance floor is provided, less than 10 percent of the gross floor area is utilized for dancing.
(8)
Alcoholic beverages are not served in conjunction with any recreational activity, game of chance, athletic event, or adult entertainment.
"Restaurant, dine-in and take-out"
shall mean any establishment operated for the primary purpose of providing food, beverages, or meals for compensation that has suitable kitchen facilities for the preparation, storage, and service of food. Food service may be for on-site consumption, off-site consumption, or a combination of service types. Excludes alcohol sales/consumption.
"Restaurant, drive-through"
shall mean any dine-in or take-out eating establishment with an affiliated drive-through facility for the service of food and beverages directly to patrons in vehicles.
"Retreat center"
shall mean a facility providing a setting to allow for the temporary gathering of individuals to educate, train, counsel, and recreate together. Retreat centers include, but are not limited to, conference centers, youth camps, and spiritual retreat centers. This classification also includes incidental temporary lodging, dining and cooking facilities, administrative offices, and event spaces.
"Reverse vending machine"
shall mean an automated recycling/depository mechanical device, as an accessory use, that accepts one or more types of recyclable beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. The reverse vending machine may sort and process containers mechanically, provided the entire process is fully enclosed. A grouping of multiple reverse vending machines may be necessary/provided to meet the requirements of certification as a recycling facility.
"Review Authority"
shall mean the person or decision-making body (i.e., Director, Planning Commission, City Council, City official, or other designees) responsible for the review and/or final action on a land use approval.
Right-of-Way.
See "Public right-of-way."
"Roof line"
shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.
"Room"
shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
Rooming House.
See "Group residential home."
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.190 (S).
"Safety visibility area"
shall mean the triangle formed at the intersection of two streets and/or alley rights-of-way by measuring 20 feet along both the front and side property lines and connecting the lines diagonally across the property, as regulated by PMC § 17.82.070 (Safety visibility area restrictions).
"Salvage"
means any article or material which is to be or intended to be reclaimed or saved from destruction.
"Salvage yards"
shall mean any property used for the keeping or storage of junk, the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk. This includes but is not limited to iron and scrap metals, paper, rags, glass, wood, and similar materials and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling operations on said property or elsewhere. Excludes "Vehicle wrecking/dismantling."
"Sanitary landfill"
shall mean an engineered land burial facility licensed and approved by the State of California for the disposal of household waste which is located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment.
"Satellite dish"
shall mean an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.
"Schools, public or private (TK-12)"
shall mean an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This classification includes elementary school, middle or junior high school, or senior high school.
"Screening"
shall mean a method of visually shielding or obscuring a structure or portion thereof or use from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm or similar structure, architectural or landscape feature, or combination thereof.
"Setback"
shall mean the minimum required horizontal distance from the nearest point of the front, side, or rear property line of the parcel to the nearest structure, parking area, or other designated item. Such distances shall be measured as a horizontal line at right angles to the property line or its target, exclusive of any landscape easements. When a property abuts a street with a required dedication or easement, the required setback shall be measured from the dedication/easement line.
(1)
"Setback, front"
shall mean an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and the required setback line parallel thereto. The depth of a front yard shall be a distance specified by this Title for the zone in which it is located and measured inward from the front lot line. For corner lots or parcels of land with two or more street and/or highway frontages approximately equal in length, the front lot line shall apply on the street with the highest classification in the General Plan. If a site fronts on two public streets of equal classification, the Director shall determine the front lot line.
(2)
"Setback, interior side"
shall mean a setback area which does not abut a street. An area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.
(3)
"Setback, rear"
shall mean an area extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Title for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.
(4)
"Setback, required"
shall mean a yard which complies with the minimum setback requirements for the zone in which the lot is located.
(5)
"Setback, side"
shall mean a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
(6)
"Setback, street side"
shall mean an area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.
Figure 17.16.190-1. Setback Types |
|---|
 |
"Setback line"
shall mean a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required setback and governing the placement of structures and uses on the lot.
"Sex offender"
shall mean an individual that has served a term of imprisonment or jail time for an offense for which registration is required pursuant to Section 290 of the California Penal Code.
"Sexually oriented business"
shall mean the same as "Adult-oriented business."
"Sidewalk"
means the paved surface between the street curbing and the adjacent property line intended for the use of pedestrians.
Sign.
See all sign definitions in PMC Chapter 17.88 (Signs).
"Significant ridgeline"
shall mean a long, conspicuous, continuous elevated landform that forms a part of the natural backdrop and skyline to the City. Said landform may consist of one or more ridge features each of varying elevations dependent on the characteristics of the ridgeline being evaluated. Distinct natural ridgelines forming a portion of the City's skyline backdrop to the City include Ritter Ridge, Portal Ridge, Verde Ridge, and the Sierra Pelona mountains.
"Single-family dwelling, attached"
shall mean a dwelling unit on a permanent foundation that is designed for occupancy by one household located on a separate lot from any other unit (except a second dwelling unit, where allowed), and is attached through common walls to one or more dwellings on abutting lots. An attached single-family dwelling is sometimes called a townhouse. Includes stationary modular/prefabricated homes.
"Single-family dwelling, detached"
shall mean a dwelling unit on a permanent foundation that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where allowed). Includes stationary modular/prefabricated homes.
"Single-room occupancy"
shall mean a residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, and are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from "lodging, hotel," "lodging, motel," and short and long-term vacation rentals, which are commercial uses.
"Site plan"
shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the structures, uses, easements, and the exact manner of a project proposed for a specific parcel of land.
Site Plan Review.
See PMC Chapter 17.21 (Site Plan Review).
"Slope"
shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. See "Gradient."
"Slope face"
shall mean the slopes located directly below, and leading up to, the crest of a significant ridgeline or prominent landform.
"Slope, manufactured"
shall mean a human-made slope created by grading that consists wholly of cut or filled material.
"Slope steepness"
shall mean the relationship (the ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100.
Figure 17.16.190-2. Slope Steepness |
|---|
 |
"Sludge"
shall mean the accumulated matter, whether mechanically treated, irradiated, digested, stabilized, composted or untreated, produced in the treatment of wastewater. This includes liquid, semiliquid, and solid material that has been mechanically dewatered or air dried.
Small Residential Care Facility.
See "Residential care facility, small."
"Small residential wind generator systems (SRWGS)"
shall mean a wind energy conversion system that is located on a pole designed with a vertical axis or a small conventional blade generator suitable for single-family residential zones, consisting of a wind turbine, tower, associated controls, and conversions systems, and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.
"Small residential wind generator systems (SRWGS) height"
shall mean the vertical distance from ground level to the tip of the wind generator at its highest point.
"Small-scale solar energy system"
shall mean a solar energy system consisting of one or more roof-mounted and/or ground-mounted solar collector devices and solar-related equipment. A small-scale system is intended to primarily reduce on-site consumption of utility power but may include solar power generated for purchase by a utility provider; provided, that the generating facilities and any appurtenant equipment remain accessory to the primary use and structure(s).
"Smoke shop"
shall mean any establishment, structure, facility, or stand that devotes more than 15 percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
"Smoking lounge"
shall mean any business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.
"Smoking product"
shall mean any substance produced or sold to be used for smoking, ingestion, or consumption in cigarettes, cigars, pipes, hookahs, e-cigarettes, or other similar objects.
"Sober living home"
shall mean a residential structure or unit, not licensed by the State, which houses six or fewer residents and which meets the definition and complies with all the requirements set forth in PMC § 17.91.080 (Sober living home).
"Social service facilities"
shall mean facilities providing a variety of supportive services on a less than 24-hour basis. Examples of services provided include, but are not limited to, counseling, limited medical services, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification excludes licensed day care centers (see "Family day care center"), clinics, and emergency shelters providing 24-hour care (see "Emergency shelters").
"Solar access"
shall mean a property owner's right to have sunlight shine on their land or buildings for the specific purposes and to the extent provided under existing State law.
"Solar energy system, primary"
shall mean a facility where solar energy generation for the purpose of sales of generated electricity is the principal use. Primary/utility-scale solar generating facilities consist of one or more freestanding ground-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. See PMC § 17.99.030 (Solar energy system (primary)).
"Specific Plan"
shall mean a plan consisting of text maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
"Stable/equestrian facility, commercial/public"
shall mean commercial horse, pony, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and pack stations. This classification shall also include accessory and incidental barns, stables, corrals, and paddocks.
"Stable/equestrian facility, hobby/private"
shall mean stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
"State"
shall mean the State of California.
"Stockpile"
shall mean the temporary placement or storage of inert materials, including but not limited to rock, sand, gravel, and soil. No stockpile shall contain biological material, including but not limited to greenwaste, trash, composted material, biosolid material or sludge.
"Storage shed"
shall mean a single-story accessory structure incidental to a main building and used for storage purposes. This term shall not include animal enclosures, garages, trailers, motor homes, manufactured/mobile homes, shipping and cargo containers, or other similar structures.
"Story"
shall mean 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.
"Story, half"
shall mean a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
"Strand lights"
shall mean two or more light bulbs connected along any length of wire and not contained in conduit or other rigid enclosure.
"Street"
shall mean any public or private thoroughfare which affords primary means of access to abutting property.
(1)
"Street, regional"
shall mean a regional street as shown as such on the Circulation Map of the City of Palmdale General Plan.
(2)
"Street, crosstown"
shall mean a crosstown street as shown as such on the Circulation Map of the City of Palmdale General Plan.
(3)
"Street, connector"
shall mean a connector street as shown as such on the Circulation Map of the City of Palmdale General Plan.
(4)
"Street, neighborhood"
shall mean a neighborhood street as shown as such on the Circulation Map of the City of Palmdale General Plan.
"Structure"
shall mean anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
(1)
"Structure, accessory"
shall mean a detached structure not for human habitation (as opposed to an accessory dwelling) which is incidental to and associated with a specific principal use or facility located on the same lot.
(2)
"Structure, principal"
shall mean one or more buildings conducting the principal use of the lot upon which it is situated.
"Subdivision"
shall mean the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.
"Subdivision development plan"
shall mean the specific development plan for an approved tentative map, including plot plans, architectural elevations, grading plans and landscape plans applicable to individual lots within said tentative map.
"Supportive housing"
shall mean dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code ("Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people). Supportive housing usually includes on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his/her/their health status, and maximizing his/her/their ability to live and, where possible, work in the community.
"Swap meet, indoor"
shall mean an indoor event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also, may be referred to as flea markets, swap lots, markets, or bazaars.
"Swap meet, outdoor"
shall mean an outdoor event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also, may be referred to as flea markets, swap lots, open air markets, or outdoor bazaars.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.200 (T).
"Tandem parking"
shall mean that two or more vehicles are parked on a driveway, parking space, or in any other location on a lot, lined up behind one another.
"Tattoo"
shall mean to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. See "Tattoo/body art/piercing establishment."
"Tattoo/body art/piercing establishment"
shall mean an establishment whose principal business activity is one or more of the following: (1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This classification excludes microblading/permanent makeup establishments.
"Technically infeasible"
shall mean a circumstance in which compliance with a specific requirement within this Title is incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Telecommunications Tower.
See PMC § 17.95.010 (Communication/wireless telecommunications facilities).
"Temporary real estate sales office"
shall mean a temporary office (on-site or off-site) used solely for the sale of new residences within a tract and/or complex.
"Temporary structure"
shall mean a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Temporary structures or storage facilities (accessory)"
shall mean temporary buildings, accessory to a primary use on the site, including, but not limited to, construction trailers or temporary storage containers for the temporary storage of goods on a site.
"Temporary use"
shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
"Tenant and occupant,"
applied to a building or land, shall mean any person who occupies the whole or a part of such building or land, whether alone or with others.
"Tobacco product"
shall mean any of the following: (1) a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; (3) any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
"Tobacco/smoking paraphernalia"
shall mean cigarette papers, wrappers, or blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products. See "Smoke shop."
"Townhouse"
shall mean an attached, single-family dwelling unit which is part of a group of two or more such units that are connected to, but separated from, one another by a common party wall having no doors, windows, or other provisions for human passage or visibility. Each owner owns the unit structure and the land on which the unit is located or an exclusive easement for it, plus a common interest in the land upon which the building is located.
"Trailer"
shall mean a vehicle designed for carrying persons or property on its own structure and is capable of being drawn by a motor vehicle.
"Transfer station"
shall mean an area, including any necessary buildings or structures, for the temporary storage and the salvage of rubbish, garbage, or industrial waste.
"Transit operator"
shall mean the Antelope Valley Transit Authority (AVTA) which serves as the local and regional public transportation provider in the Antelope Valley.
"Transitional housing"
shall mean housing that has a predetermined end point in time, typically no less than six months, and operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service.
"Transportation demand management (TDM)"
shall mean 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 including, but not limited to, carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
"Travel center"
shall mean a site where the primary activity is the retail sale and dispensing of vehicle fuels for nonpassenger vehicles. This use may be accessory to a primary industrial or public agency use or a primary use for the regular fueling of site-specific or general commercial fleet vehicles. It may include maintenance and service facilities conducted completely within an enclosed structure, overnight parking, and/or the sale of accessories and equipment for heavy commercial vehicles. This classification may also include accessory food, showers, laundry facilities, and sleeping facilities.
"Travel trailer"
shall mean a recreational vehicle (RV) other than a motor vehicle, which is designed or used for human habitation, and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the California Vehicle Code.
"Trip reduction"
shall mean reduction in the number of work-related trips made by single occupant vehicles.
Triplex.
See "Multifamily dwelling, triplex/quadplex."
"Tutoring facilities"
shall mean facilities providing instruction to individuals or groups of students in a classroom setting for personal or professional enrichment involving scholastic, nonphysical pursuits, including but not limited to academics, language instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are included under "vocational/trade school" or "college/university."
"Two-family dwelling/duplex"
shall mean a residential building on a permanent foundation containing two dwelling units, both of which are located on a single parcel (also referred to as a "duplex" or "two-flat"). The dwelling units are attached and may be located on separate floors or side-by-side. Includes stationary modular/prefabricated homes.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.210 (U).
"Unit, attached"
shall mean a unit completely within an existing principal building or added to an existing principal building; provided, that both dwelling units shall be attached by a common wall, floor, or ceiling and not simply by a breezeway or porch; and shall be contained within one building.
"Unit, detached"
shall mean a unit that is structurally independent and separated from the existing primary dwelling or other structure on the site.
"Urban lot split housing development"
shall mean the subdivision of one single-family residential parcel for the purpose of constructing or altering no more than two residential units per parcel within a single-family residential zone that meets the requirements of PMC Chapter 16.03 (Urban Lot Splits) and PMC Chapter 17.39 (Standards for Two-Unit Developments and Urban Lot Splits in Single-Family Zones). The two units may consist of two new units or one new unit and one existing unit.
"Use"
shall mean the purpose for which land or a building or structure is arranged, designed, or intended to be used, or for which it is or may be used, occupied, or maintained.
Use, Accessory.
See "Accessory use."
"Use inauguration"
shall mean that applicable grading and/or building permits have been issued and construction initiated and ongoing.
"Use, sensitive,"
depending on the use and surrounding conditions, shall mean any residential use, public or private school, tutoring facility, day care, hospital, park, library, playground, or retirement facility, among others.
"Utilities, major"
shall mean services for the public good that include generating plants, solid waste collection including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, water towers, dams, flood control facilities, and other services that provide major public infrastructure services for urban development. Such services may be publicly or privately operated.
"Utilities, minor"
shall mean services for the public good that include utility substations, pumping stations, telephone repeater stations, and other transmission and distribution facilities. May be publicly or privately operated.
"Utility pole"
shall mean any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Utility yard"
shall mean a parcel of land, or portion of land, used by a private company or public entity for the production, storage, or repair of utility equipment (e.g., telecommunications, transit vehicles). Utility yards may include, but are not limited to, bus yards, corporation yards, telecommunications equipment yards, etc.
(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1641 § 4 (Exh. A), 2024)
§ 17.16.220 (V).
"Vanpool"
shall mean 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 on a prepaid subscription basis.
"Variance"
shall mean a discretionary entitlement which permits the departure from the strict application of the development standards contained in this Title.
"Vehicle"
shall mean any motorized form of transportation, including but not limited to automobiles, vans, buses, and motorcycles.
"Vehicle and equipment services and repair, major"
shall mean the repair of vehicles, trucks, motorcycles, motor homes, boats, recreational vehicles, and equipment generally on an overnight basis that may include disassembly, removal or replacement of major components including but not limited to engines, drive trains, transmissions, or axles; and vehicle body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
"Vehicle and equipment services and repair, minor"
shall mean the service and repair of vehicles, light-duty trucks, boats, motorcycles, and equipment including the incidental sale, installation, and servicing of related equipment and parts. This classification includes, but is not limited to, the replacement of small vehicle parts and liquids as an accessory use to a fueling station or vehicle accessories and supply store, general retail store and smog checks, tire sales and installation, vehicle radio/electronics installation, vehicle air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes repair of heavy trucks and construction vehicles.
"Vehicle, commercial"
shall mean a vehicle customarily used as part of a business for the transportation of goods or people.
"Vehicle rental"
shall mean an establishment providing for the rental of vehicles, light/noncommercial trucks and vans, motorcycles. Typical uses include car rental agencies.
"Vehicle reservoir area"
shall mean an area for temporary stopping of motor vehicles in a line while awaiting service, such as provided at a drive-through business.
"Vehicle sales and rental, large vehicles and equipment"
shall mean the use of a site for sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, boats, and other equipment used for construction, moving, agricultural, or landscape gardening activities (e.g., cranes, earth moving equipment, tractors, combines). May include large vehicle operation training facilities as an ancillary use.
"Vehicle sales, new"
shall mean the sale or lease, retail, or wholesale, of new vehicles, light/noncommercial trucks and vans, motorcycles, and motor homes, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include new vehicle dealers and recreational vehicle sales agencies.
"Vehicle sales, used"
shall mean the retail sale of previously owned or used vehicles, light/noncommercial trucks and vans, motorcycles, and motor homes, not directly from the manufacturer.
"Vehicle sight distance"
shall mean the area through which a driver has a clear view of oncoming vehicle and pedestrian traffic when waiting to proceed at a street corner or driveway. See also "Safety visibility area."
"Vehicle towing/impounding"
shall mean establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, including, but not limited to, vehicle storage and emergency road repair services (for vehicle dismantling, see "Vehicle wrecking/dismantling").
"Vehicle washing and detailing"
shall mean any business, indoor or outdoor, providing machinery or staffing for the cleaning, washing, or detailing of vehicles, buses, trucks, and similar vehicles as a primary use. Washing and detailing are allowed as an accessory use in conjunction with a vehicle and equipment services and repair use. This classification also includes self-service vehicle washing facilities that include all appropriate utility connections and drainage.
"Vehicle wrecking/dismantling"
shall mean the dismantling or wrecking of used vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but does not include the incidental storage of damaged vehicles in connection with the operation of a repair garage.
"Veterinary hospitals"
shall mean an establishment providing medical and surgical treatment for domestic and small animals. This classification allows 24-hour accommodation of animals receiving medical services.
"Vocational/trade school"
shall mean a postsecondary institution offering educational services which provide career training or lead to an occupation or job title; prepare students to take or pass a licensing examination or other qualifying test for employment; or which licenses persons in a particular profession, trade, or job category. This classification excludes programs that lead to a bachelor, master, or doctoral degree or that provide solely a vocational or recreational program, or programs sponsored by a business or professional organization solely for the benefit of its members.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.230 (W).
"Warehousing"
shall mean the act of maintaining or operating a warehouse.
"Wholesale"
sales shall mean the sale of goods by an individual or firm, usually in large quantities and at lower prices, to another individual or firm for the purposes of resale; or a product for which no sales tax is paid by the purchaser.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.240 (X).
"Xeriscape"
shall mean a water conservation concept that stresses the use of the appropriate plant material and irrigation techniques which are well suited for the local microclimate. This concept incorporates native plants, selected hardscapes, and proper planting and irrigation techniques that improve the overall water efficiency of a landscape system.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.250 (Y).
Yard.
See "Setback."
"Yard sales (temporary use)"
shall mean any sale of personal property to the general public occurring on private or public property; commonly referred to as "garage sales," "yard sales," "patio sales," "rummage sales," "estate sales," and similar activities.
"Year"
means a calendar year.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.16.260 (Z).
"Zero lot line"
shall mean the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
"Zone"
shall mean a portion of the territory of the City, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises and structures are not allowed and within which certain yards and open spaces are required and certain height limits are established for structures, all as set forth and specified within this Title.
"Zoning Ordinance"
shall mean this document, approved by Ordinance No. 1603, and any subsequent amendments thereto.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.005 Generally.
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Review Authority.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.010 Fractions.
Whenever this code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
(A)
General Rounding. Fractions exceeding one-half or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
(B)
Exception for State Affordable Housing Density Bonus. The calculation of fractional number of bonus units related to projects eligible for bonus density pursuant to Government Code Section 65915 shall be rounded up to the next whole number pursuant to PMC § 17.25.020 (Density bonus agreements).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.020 Measuring distances.
(A)
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
(B)
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
(C)
Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
(D)
Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
(E)
Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions, unless otherwise specified in this Title.
(F)
Measuring Radius Between Fueling Stations. When a fueling station is required to be located a minimum distance from another fueling station, the minimum distance is measured in a straight line from the nearest proposed fueling pump to the nearest fueling pump of the subject project, in all directions, unless otherwise specified in this Title.
(G)
Measuring Radius Between Drive-Through Restaurants as Defined in PMC § 17.16.180 ((R)). When a drive-through restaurant is required to be located a minimum distance from another drive-through restaurant, the minimum distance is measured in a straight line from the nearest proposed menu board to the nearest menu board of the subject project, in all directions, unless otherwise specified in this Title.
Figure 17.17.020-1. Measuring Distances |
|---|
 |
(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1627 § 4 (Exh. A), 2023)
§ 17.17.030 Measuring heights.
(A)
Height Measurements. Height shall be measured as the vertical distance from finished grade at all points adjacent to the structure exterior to the highest point of the structure directly above (see Figure 17.17.030-1 (Measuring Heights)). For properties on a slope, the height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The average elevation is determined by averaging the highest and lowest elevation points of the structure (see Figure 17.17.030-1 (Measuring Heights)).
Figure 17.17.030-1. Measuring Heights |
|---|
 |
(B)
Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zone except as otherwise provided by this Section. Additional height limits are established for PMC § 17.82.020 (Accessory structures), PMC § 17.86.030 (Outdoor lighting), PMC § 17.86.040 (Walls and fences), PMC Chapter 17.88 (Signs), and PMC § 17.95.010 (Communication/wireless telecommunications facilities).
(C)
Height of Structure Exceptions. The overall structure height shall not exceed the maximum height standard of the zone, except that the following architectural features may project above the maximum height by five feet or as established by zone, by Review Authority approval, or as otherwise allowed by this code:
(1)
Architectural features, including skylights, chimneys, steeples, spires, towers, cupolas, and similar unoccupied features as approved by the Director;
(2)
Elevators and stairways;
(3)
Solar roof panels and appurtenant equipment;
(4)
Antennas allowed without a discretionary permit, as identified by the FCC;
(5)
Other mechanical equipment usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose (e.g., water tanks, air conditioning units); and
(6)
Flagpoles and sculptures; provided, that the same may be safely erected and maintained at such a height with respect to the surrounding conditions and circumstances.
(D)
Measuring the Number of Stories. In measuring the number of stories in a structure, the following rules shall apply:
(1)
An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-half of the total area of the nearest full floor directly below it.
(2)
Subterranean stories do not count towards maximum number of stories except as noted. A subterranean story shall be counted as a story for the purposes of height measurement where any portion of a subterranean story has more than one-half of its height above grade.
(3)
A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.
(E)
Fence and Wall Height Measurement.
(1)
Fence and wall height shall be measured as the vertical distance from the average ground level immediately adjacent to the fence or wall to the top edge of the fence, wall, or other screening device.
(2)
When there is a difference in the ground level between two adjoining parcels, the height of any wall or fence constructed along any property line shall be determined by using the level parcel line of the highest contiguous parcel. See Figure 17.17.030-2 (Measurement of Fence and Wall Height on Parcels with Different Elevations).
(3)
An earthen berm or mound not taller than two feet may count toward required height of landscaping and screening.
Figure 17.17.030-2. Measurement of Fence and Wall Height on Parcels with Different Elevations |
|---|
 |
(F)
Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.040 Lots and setbacks.
(A)
Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(B)
Lot Depth. Lot depth is the horizontal length of a straight line measured down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line, exclusive of any landscape easement.
Figure 17.17.040-1. Measuring Lot Width and Depth |
|---|
 |
(C)
Setbacks and Yards. The calculations of measurements related to setbacks and yards are defined in PMC Chapter 17.16 (Definitions).
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.050 Floor area and lot coverage.
(A)
Determining Floor Area. The floor area of a structure is the sum of the gross horizontal areas of all floors of a structure or other enclosed structures, measured from the outside perimeter of the interior walls.
(1)
Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings. In the case of a multi-story structure that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
(2)
Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the structure's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space including but not limited to balconies and outdoor terraces; and subterranean floors submerged more than four feet below finished grade of the property. Also excluded are areas used for all off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles.
(3)
Nonresidential Uses. For nonresidential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Nonresidential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the public but are not designed or used as sales, display, storage, service, or production areas.
(B)
Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area, excluding unenclosed and unroofed areas as described in Subsection (C) of this Section (Determining Lot Coverage), of all primary and accessory buildings to the site area. To calculate the FAR, gross floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. Excludes below-grade floor area.
Figure 17.17.050-1. FAR |
|---|
 |
(C)
Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. The following structures shall be excluded from the calculation:
(1)
Unenclosed and unroofed decks, patio slabs, porches, landings, and stairways less than four feet in height;
(2)
Eaves and roof overhangs projecting up to three feet from a wall;
(3)
Trellises, pergolas, and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings and that are less than 400 square feet in size; and
(4)
Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
Figure 17.17.050-2. Determining Lot Coverage |
|---|
 |
(Ord. 1603 § 4 (Exh. I), 2023)
§ 17.17.060 Density.
Density shall be calculated as the number of units per net acre of a given land area (project area, subdivision, parcel). In mixed-use projects, density is the number of housing units divided by the land area of the mixed-use development (that includes areas used for nonresidential uses such as retail space).
(Ord. 1603 § 4 (Exh. I), 2023)
