A.   This title and its accompanying maps shall be known and cited as the "Planning and Development Code of the City of Sacramento," and also may be cited as the "Planning and Development Code" or the "Development Code."

   B.   To implement the city's general plan through the adoption and administration of zoning laws, ordinances, rules, and regulations, this title:

      1.   Divides the city into zones of such shape, size, and number best suited to carry out these regulations, and to provide for their enforcement;

      2.   Regulates the use of land, buildings, or other structures for residences, commerce, industry, and other uses required by the community;

      3.   Regulates the physical characteristics of buildings, structures, and site development, including the location, height, and size of buildings and structures; yards, courts, and other open spaces; lot coverage; land use intensity through regulation of residential density and floor area ratios; and architectural and site design;

      4.   Ensures the provision of adequate open space for recreational, aesthetic, and environmental amenities;

      5.   Establishes requirements for off-street parking; and

      6.   Applies the Subdivision Map Act and regulates the design and improvement of subdivisions. (Ord. 2017-0009 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This title is adopted by the city as a charter city pursuant to the home rule provisions of the Sacramento City Charter. Accordingly, the provisions of the Planning and Zoning Law, Title 7 (commencing with section 65000) of the Government Code of the state of California, shall not be applicable to the adoption or amendment of this title, or to any act taken by the city, or its officers or employees, under this title, except to the extent:

   A.   That the provisions of the Planning and Zoning Law are expressly adopted herein; or

   B.   That the provisions of the Planning and Zoning Law are lawfully and constitutionally made applicable to the city as a chartered city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Planning agency established.

   The city planning agency is established and shall perform the functions required by the provisions of this title; other applicable provisions of this code; other ordinances, resolutions, or actions of the city council; and state law.

   B.   Planning agency composition.

   The planning agency is comprised of the planning and design commission, the preservation commission, and the manager and staff of the planning division of the city's community development department. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Planning director.

      1.   The manager of the planning division is designated as the planning director.

      2.   The planning director, or designee, shall perform the functions required by, and have the authority granted under, the provisions of this title; other applicable provisions of this code; other ordinances, resolutions, or actions of the city council; and state law.

      3.   The planning director, or designee, shall serve as secretary to, and shall provide administrative support to, the planning and design commission.

   B.   Zoning administrator.

      1.   The planning director shall designate one or more employees of the planning division to serve as zoning administrator, who shall serve in that capacity at the pleasure of the planning director.

      2.   The zoning administrator shall perform the functions required by, and have the authority granted under, the provisions of this title; other applicable provisions of this code; other ordinances, resolutions, or actions of the city council; and state law.

   C.   Design director.

      1.   The planning director shall designate one or more employees of the planning division to serve as design director, who shall serve in that capacity at the pleasure of the planning director.

      2.   The design director shall oversee and perform the site plan and design review functions required by, and have the authority granted under, the provisions of this title; other applicable provisions of this code; other ordinances, resolutions, or actions of the city council; and state law.

   D.   Preservation director.

      1.   The planning director shall designate one or more employees of the planning division to serve as preservation director, who shall serve in that capacity at the pleasure of the planning director.

      2.   The preservation director shall oversee and perform the preservation review functions required by, and have the authority granted under, the provisions of this title; other applicable provisions of this code; other ordinances, resolutions, or actions of the city council; and state laws.

      3.   The preservation director shall serve as secretary to, and shall provide administrative support to, the preservation commission.

      4.   The preservation director shall advise the city council, the planning and design commission, the preservation commission, the housing code advisory and appeals board, other advisory boards and commissions of the city, and city staff on historic preservation issues, including rehabilitation standards and historic resources surveys performed in conjunction with public and private development projects and other discretionary actions, and adoption of new or amendments to existing community plans, specific plans, and this code.

      5.   The preservation director shall maintain a list of properties for which a preliminary determination of eligibility has been made in accordance with the criteria of the Sacramento register or the California Register; consult with city departments regarding potential protections, mitigations, thresholds of significance, and standards suitable for historic resources involved public and private development projects and other discretionary actions, and in the adoption of new or amendments to existing community plans, specific plans, and this code; and monitor cultural resource mitigation measures. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The development code is divided into nine divisions:

   Division I-General Provisions

   Division II-Zoning Districts and Land Use Regulations

   Division III-Overlay Zones

   Division IV-Special Planning Districts and Planned Unit Developments

   Division V-Infrastructure Design and Improvement Standards

   Division VI-Architectural Design and Site Development Standards, Design Review Districts, Historic Preservation, and Registered House Plans

   Division VII-City-Wide Programs

   Division VIII-Administrative Matters

   Division IX-General Plan and Development Code Administration

Each of the divisions is further subdivided by chapters that pertain to the various topics discussed in the division. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Three types of zoning regulations control the use and development of property:

   A.   Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and may include special requirements for specific uses. Five types of land use regulations, along with their location in this title, are listed below:

      1.   Zoning districts, chapters 17.200 through 17.224;

      2.   Overlay zones, chapters 17.300 through 17.344;

      3.   Special planning districts, chapters 17.400 through 17.448;

      4.   Planned unit developments (PUDs), chapter 17.452. Land use regulations for PUDs are set forth in PUD schematic plans and development guidelines adopted individually for each PUD development, separate from this title; and

      5.   City-wide programs, chapters 17.700 through 17.720.

   B.   Development and design standards control the height, bulk, location, and appearance of structures on development sites. Development standards pertaining to height and density; lot width, area, and coverage; setbacks and open space; and architectural design standards are located in the individual zoning chapters in division II. Generally applicable development standards pertaining to parking; landscaping and paving; recycling and solid waste; walls, fences, and gates; and accessory structures are located in division VI. Development standards for development projects within a PUD are set forth in the project's PUD development guidelines, separate from this title.

   C.   Administrative regulations contain detailed procedures for the administration and enforcement of this title, including requirements for public hearings, notice, and appeals and processes for various permits and requests, including plan amendments, rezoning, site plan and design reviews, conditional use permits, and variances. Administrative regulations are located in Division VIII. (Ord. 2024-0017 § 3;Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   Prior to issuance of a building permit, a developer, homeowner, or builder must obtain approval of the specific development project as provided in this title. A project must receive site plan and design review approval and be consistent with the land use designations of the general plan, any applicable specific plan, and with the zoning district in which it is located. If the use proposed for the development requires special consideration to be compatible with surrounding uses, a conditional use permit is required. If the development request does not fully comply with the regulations of this title, approval of a deviation from design guidelines or development standards, or a variance, is required. Approvals to subdivide land, including tentative maps, tentative map design deviations, post-tentative map design deviations, lot line adjustments, and mergers, are governed by this title. (Ord. 2017-0009 § 3; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Chapter 17.108 contains the definitions used within this title that are technical or specialized or may not reflect common usage. The definitions are listed in alphabetical order. Other specialized definitions may be located in various sections throughout this title. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Number of residential units. When the calculation of residential density results in a fraction, with a fractional part that is less than one-half, the number of allowed dwelling units is rounded down to the whole number. If the fractional part is equal to or greater than one-half, the number of allowed dwelling units is rounded up to the next whole number. For example, assuming a minimum lot area per unit of 1,500 square feet and a 6,750 square foot lot, divide 6,750 by 1,500, which equals 4.5. The number of units allowed on the lot is 5 units (4.5 rounded up to the whole number 5). Notwithstanding this subsection, a project shall not exceed the maximum allowed number of units permitted under the general plan designation.

   B.   Number of housing units for housing trust fund calculation. When the calculation of housing units and fees related to the housing trust fund program in chapter 17.708 creates an obligation to construct a fractional housing unit, that fraction shall be rounded up to an additional unit.

   C.   Number of parking spaces. When the calculation of the number of vehicle parking spaces required for a given land use results in a fraction, the number shall be rounded down to the next whole number. When the calculation of the number of bicycle parking spaces required for a given land use results in a fraction, the number shall be rounded up to the next whole number. (Ord. 2024-0017 § 4; Ord. 2019-0006 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Planning director to include designee. References to the planning director includes the director's designee, unless otherwise specifically defined.

   B.   Word construction. When used in this title, the words "must," "shall," "will," "is to," and "are to" refer to mandatory provisions. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. When a list is introduced by words such as "including," "such as," or similar words, the list is non-exclusive. When reference is made to a federal, state, or other governmental law, rule, or regulation, the reference includes any amendments thereto, unless stated otherwise.

   C.   Number of days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. The time in which any act is to be done is computed by excluding the first day and including the last, unless the last day is a holiday or a weekend, and then it is also excluded.

   D.   Minimum requirements. When interpreting and applying regulations of this title, all provisions shall be considered to be minimum requirements, unless stated otherwise. (Ord. 2017-0009 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Mailed written notice is given when placed in the U.S. mail, stamped and addressed to the intended recipient. Mailed written notice to an applicant shall be mailed to the applicant's address shown on the application.

   B.   Personally delivered written notice is given when delivered to the intended recipient or delivered to the intended recipient's address. Personally delivered written notice to an applicant may be delivered to the applicant's address shown on the application. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

   A.   Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries; and

   B.   If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined by using the scale appearing on the zoning map. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If a proposed use of land is not specifically listed in Divisions II, III, or IV, the use shall not be allowed, except as follows:

   A.   The zoning administrator may determine that a proposed use that is not listed is allowable if all of the following findings are made:

      1.   The characteristics of, and activities associated with, the proposed use are substantially similar to those of one or more of the uses listed as allowable in that zoning district, and will not involve a higher level of activity or population density than the uses listed in the district;

      2.   The proposed use will meet the purpose and intent of the zoning district that is applied to the site; and

      3.   The proposed use will be consistent with the goals, objectives, and policies of the general plan.

   B.   When the zoning administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply.

   C.   The zoning administrator may forward questions about equivalent uses directly to the planning and design commission for a determination at a public hearing. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Other zoning title provisions. If conflicts occur between requirements of this title, the most restrictive applies.

   B.   City code provisions. If conflicts occur between the provisions of this title and other provisions of this code, the most restrictive applies.

   C.   General plan and specific plans. When conflicts occur between the requirements and standards of this title and requirements and standards established in the general plan or a specific plan, the requirements and standards of the general plan or specific plan apply. Density standards and floor area ratios established in this title shall not be deemed to conflict with the general plan or a specific plan unless the density standards and floor area ratios established in this title exceed those established in the general plan or a specific plan.

   D.   Planned unit development (PUD) guidelines. When conflicts occur between the requirements of this title and development guidelines adopted for a PUD, the requirements of the PUD development guidelines apply.

   E.   Private agreements. It is not intended that the requirements of this title interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this title became effective. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of buildings, structures, or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The director of parks and recreation, the director of public works, and the director of utilities are responsible for and have the authority to interpret the provisions of this title assigned to them. In all other instances, the zoning administrator is responsible for and has the authority to interpret the provisions of this title. (Ord. 2017-0009 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An interpretation of this title by the zoning administrator is subject to appeal to the planning and design commission under section 17.812.060. The zoning administrator may refer any interpretation of this title to the planning and design commission for a determination. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Measurements under division II of this title. When applying division II of this title, distance from an existing or proposed light rail station platform is measured along the shortest route using existing public ways from the center of the light rail station platform to the nearest property line of the affected parcel.

   B.   Measurements under all other divisions of this title. When applying all divisions of this title other than division II, distance from an existing or proposed light rail station is measured in a straight line from the center of the light rail station platform to the nearest property line of the affected parcel. (Ord. 2020-0006 § 3)

As used in this title, certain terms and words have the meanings set forth in this chapter. The words are arranged in alphabetical order by section and within each section. When a definition contains a list introduced by words such as "including," "such as," or similar words, the list is non-exclusive. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Accessory antenna" and related definitions:

      1.   "Accessory antenna" means an antenna designed and intended for the exclusive use of the occupants of the property on which the antenna is located and that is incidental and customary to the primary permitted use on the property. An accessory antenna includes an amateur radio antenna, a common skeletal antenna, and a satellite receive-only antenna. An accessory antenna is an accessory structure subject to chapter 17.600. An accessory antenna is not an antenna that is subject to article III of chapter 17.228, Antennas and Telecommunication Facilities.

      2.   "Amateur radio antenna" means an antenna used to receive or transmit radio signals on the amateur radio band-width, as designated by the Federal Communications Commission.

      3.   "Common skeletal antenna" means a ground- or building-mounted receive-only antenna used to receive UHF, VHF, AM, and FM signals of off-air broadcasts from radio and television stations.

      4.   "Satellite receive-only antenna" means a ground or building mounted receive only antenna, including a dish antenna, used to receive radio or television signals from orbiting communications satellites.

   "Accessory drive-through facility" means a facility designed for customers to receive services or obtain goods while remaining in their motor vehicles and is accessory to the primary use, such as a pharmacy or bank. An accessory drive-through facility does not include a drive-through restaurant.

   "Accessory structure" means a detached or attached structure, the use of which is appropriate, subordinate, and customarily incidental to that of the primary building or structure on, or the primary use of, the lot. Accessory structure includes a detached building, deck, gazebo, attached covered patio, garage, trellis, solar panel, and swimming pool.

   "Accessory use" means a use conducted upon the same lot or parcel as the principal use to which it is accessory. An accessory use is customary, incidental, appropriate, and subordinate to the use of the principal building or the principal use of the land. Uses accessory to uses permitted without first obtaining a conditional use permit shall be activated with, or subsequent to, the activation of the principal use. Uses accessory to uses permitted by a conditional use permit shall be activated with, or subsequent to, the activation of the principal use only if authorized by the conditional use permit. Otherwise, the addition of such accessory uses shall require a modification of the conditional use permit authorizing the principal use.

   "Acre, gross" means the total area of a site including all the easements and adjacent public street right-of-way, measured to the centerline.

   "Acre, net" means the total area of a site excluding land dedicated to a public agency for parks, public buildings, schools, street right-of-way, and utility facilities; private park and recreation facilities that receive parkland dedication credit under this code; and private street right-of-way when built to city street standards.

   "Adaptive reuse" means the rehabilitation and utilization of existing (typically historical) structures for a different use than the structure was originally built to accommodate.

   "Addition" means adding gross floor area to an existing structure.

   "Administrative parking permit" means a permit that allows for alternatives and other modifications to the standard off-street parking requirements.

   "Administrative permit" means a permit that is used to determine the conformance of a proposed project to applicable development standards, use regulations, location restrictions, and similar requirements. Administrative permits are ministerial permits.

   "Advisory agency" means "advisory agency" as defined by California Government Code section 66415.

   "Adult entertainment business" means an adult-entertainment business defined in chapter 5.06

   "Adult-related establishment" means an adult-related establishment defined in chapter 5.04.

   "Affordable housing" means housing that is capable of being purchased or rented by a household at an affordable sales price or an affordable rent.

   "Affordable rent" means the monthly housing expenses, including a reasonable allowance for utilities, for rental units reserved for very low or lower income households, not exceeding the following calculations:

      1.   Very low income: 50% of the area median income for Sacramento County, adjusted for household size, multiplied by 30%, and then divided by 12.

      2.   Lower income: 60% of the area median income for Sacramento County, adjusted for household size, multiplied by 30%, and then divided by 12.

   "Affordable sales price" means a sales price of a dwelling unit at which lower or very low income households can qualify, calculated on the basis of underwriting standards of mortgage financing available for the development.

   "Agriculture, general use" means the tilling of soil, the raising of crops, horticulture, silviculture, viticulture, aviculture, aquaculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.

   "Airport" means an area licensed by the federal government or an appropriate state agency and approved for the loading, landing, and take-off of airplanes and including auxiliary facilities, such as parking, waiting room, fueling, and maintenance.

   "Alcoholic beverage sales, off-premises consumption" means the sale of alcohol or alcohol products for consumption outside the place of sale.

   "Alley" means a public right-of-way, other than a street or highway, providing access to abutting property.

   "Amateur radio antenna." See "Accessory antenna" and related definitions.

   "Amusement center, indoor" means an establishment providing recreation activities in a completely enclosed building. Accessory uses may include the preparation and serving of food or the sale of equipment related to the activities. Included in this definition are bowling alleys, roller-skating or ice-skating rinks, billiards and pool halls, card rooms, and similar amusements.

   "Amusement center, outdoor" means land or premises used for any combination of outdoor amusement uses, including paintball facilities, outdoor archery, miniature golf, bumper boats, batting cages, go-karts, skateboarding, BMX facilities, golf driving ranges not associated with a golf course, and similar uses.

   "Animal slaughter" means an establishment that slaughters animals on premises for the purpose of packaging for offsite consumption.

   "Antenna; telecommunications facility" and related definitions:

      1.   "Antenna" means any system of wires, poles, rods, reflecting discs, access points, and similar devices used for the transmission, reception, or both, of electromagnetic waves, when such system is either ground mounted or attached to the exterior of a building or structure, including those utilized by cellular utilities. "Antenna" does not include "accessory antenna."

      2.   "Equipment cabinet" means a cabinet, building, or other structure used to house equipment used by telecommunications providers to house equipment at a telecommunications facility.

      3.   "Monopole" means a type of telecommunication tower that consists of a monopole structure, erected on the ground, to support telecommunication antennas and connecting appurtenances.

      4.   "Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Related equipment includes cable, conduit, and connectors.

      5.   "Telecommunications facility" means a facility that transmits or receives electromagnetic signals. A telecommunication facility includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures that support the equipment; equipment buildings; parking area; and other accessory development.

      6.   "Telecommunications tower" means a mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas, to include dishes, arrays, and similar devices.

   "Aquaculture" means the 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.

   "Arcade" means a continuous passageway parallel to and open to a street, open space, or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.

   "Arts and entertainment district" means that area shown in Exhibit A.

   "Assembly-cultural, religious, social" means a meeting place at which the public or membership groups are assembled regularly or occasionally, including churches or faith congregations, auditoriums, stadiums, and similar places of assembly.

   "Athletic club; fitness studio" means a facility that provides fitness services and facilities including classes, weight rooms, swimming pools, sauna baths, whirlpool baths, tennis and racquetball courts, and exercise equipment. Massages may be offered incidental to the fitness services. A facility where massages are the primary service offered is not an athletic club or fitness studio.

   "Auto dismantler" means a person engaged in the business of buying, selling, or dealing in motor vehicles for the purpose of dismantling the vehicles; who buys or sells integral parts or component materials of those vehicles; or deals in used motor vehicle parts. Dismantled vehicles may include automobiles, motorcycles, trailers, recreation vehicles, or other vehicles subject to registration with the Department of Motor Vehicles.

   "Auto-sales, storage, rental" means an establishment primarily engaged in the sale, long term storage, or rental or leasing of automobiles, light trucks, vans, motorcycles, trailers, and recreational vehicles subject to registration with the California Department of Motor Vehicles. Regulation of this use varies, depending on the distance from a light rail station. Sales of heavy trucks and tractors are included within the category of "tractor or heavy truck sales, storage, rental."

   "Auto-service, repair" means an establishment primarily engaged in the maintenance, service, diagnosis, repair, or painting of automobiles, motorcycles, scooters, mopeds, light trucks, vans, trailers, and recreational vehicles subject to registration with the California Department of Motor Vehicles. Included in this definition are car wash and detailing services, body shops, automotive paint shops, tire stores, muffler shops, auto electric shops, van conversion shops, lubrication centers, auto-sound shops, auto-alarm shops, auto-upholstery shops, wheel alignment shops, and similar automotive-related service, repair, and installation businesses. Regulation of this use varies, depending on the distance from a light rail station. "Auto-service, repair" does not include gas stations, as defined in this chapter, or automotive telecommunication or computer installers. "Auto-service, repair" does not include auto parts stores with no service or repair, which are considered retail stores. Service and repair of heavy trucks and tractors are included within the category of "tractor or heavy truck service, repair." (Ord. 2021-0024 § 2; Ord. 2017-0009 § 6; Ord. 2015-0005 § 3; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Bar; nightclub" means any establishment designed, maintained, operated, used, or intended to be used for the selling or serving of alcoholic beverages to the public for consumption on the premises which does not qualify as, or is not part of, a bona fide public eating place as defined in California Business and Professions Code section 23038.

   "Bay window" means a window forming a recess in a room and projecting outwards from the main wall of the building either in a rectangular, polygonal, or semi-circular form. A bay window includes a bay, greenhouse, or any similar type of projecting window.

   "Bed and breakfast inn" means a single-unit or duplex dwelling in which temporary night-to-night lodging, with or without meals, is provided for compensation.

   "Bicycle parking facility" is either a "long-term" or "short-term" bicycle parking facility as described below:

      1.   "Long-term bicycle parking facility" means: (a) a bicycle locker comprised of an enclosed box or compartment with a locking door, where a bicyclist has access to a single bicycle storage compartment; or (b) a short-term bicycle parking facility that is located in an area completely enclosed and covered and to which entry is secured by a locking door.

      2.   "Short-term bicycle parking facility" means a stationary rack designed to support a bicycle upright in at least two places to prevent it from tipping over. The design of the rack shall allow the user to lock the frame and one or more wheels to the rack using a user-supplied U-lock. A bicycle rack design that solely supports the bicycle by a wheel does not meet the requirements of a short-term bicycle parking facility.

   "Boat dock; marina" means a fixed or floating structure, including moorings, that serves as a general landing area for boats.

   "Breezeway." See "Porch."

   "Building" means any structure having a roof supported by columns or walls. Mobilehomes and recreational vehicles with wheels are not buildings.

   "Building, height of" means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the plate line, where the roof meets the wall.

   "Building official" means the building official designated in chapter 15.04 of Title 15, and his or her designee.

   "Building site" means the same as "lot." (Ord. 2020-0025 § 2; Ord. 2017-0009 § 6; Ord. 2016-0003 § 1; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "California Environmental Quality Act" or "CEQA" means California Public Resources Code section 21000 et seq.

   "California Register." See "Historic preservation" related definitions.

   "California Register resource." See "Historic preservation" related definitions.

   "California Historical Building Code." See "Historic preservation" related definitions.

   "Cannabis" has the same meaning as in California Business and Professions Code section 26001.

   "Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

   "Cannabis dispensary" means and includes both storefront cannabis dispensary and delivery-only cannabis dispensary, as defined in chapter 5.150.

   "Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products between cannabis businesses.

   "Cannabis manufacturing" means the production, preparation, propagation, and compounding of cannabis and cannabis products. Cannabis manufacturing includes the extraction process, the infusion or mixture of cannabis into another substance, the preparation of an edible item that contains cannabis, and the packaging and labeling of cannabis or cannabis products.

   "Cannabis product" has the same meaning as in California Health and Safety Code section 11018.1.

   "Cannabis testing" means performing scientific analysis of cannabis or cannabis products to determine its chemical profile, the presence of contaminants, or other similar data.

   "Card room" means any place that meets the requirements set forth in section 5.32.010. See "Amusement center, indoor."

   "Carport" means any covered structure or portion of a building or structure, other than an attached or detached garage, used to shelter vehicles.

   "Cemetery" means land and structures principally dedicated to the burial of the dead, including mausoleums, columbariums, and related administrative and maintenance facilities.

   "Central city" means that area of the City of Sacramento lying between the American River on the north, Broadway on the south, the Sacramento River on the west, and Alhambra Boulevard on the east. The properties fronting upon the eastern side of Alhambra and the southern side of Broadway are within the central city.

   "Certified local government (CLG)." See "Historic preservation" related definitions.

   "Check-cashing center" means one or both of the following:

      1.   An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose, and includes an establishment primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks.

      2.   An establishment that offers, originates, or makes a deferred deposit transaction, also known as a payday lender business. A "deferred deposit transaction" is a transaction whereby a person defers depositing a customer's personal check until a specific date, pursuant to a written agreement.

   A check-cashing center does not include a state or federally chartered bank, savings association, credit union, or similar financial institution, or retail stores or other establishments selling consumer goods, including consumables, that incidentally charge a fee not exceeding two dollars to cash checks or money orders as a service to customers.

   "Childcare center" means a center that provides primarily nonmedical supervision to 15 or more children on a less than 24 hour a day basis. See "Childcare, in-home (family day care home)" for 14 or fewer children.

   "Childcare, in-home (family day care home)" means the provision of care, protection, and supervision of 14 or fewer children, for periods of less than 24 hours per day, in the provider's own home, while the children's parents or guardians are away. Children under the age of 10 years who reside at the home shall be counted in determining the number of children being served (California Health and Safety Code section 1596.78). See "Childcare center" for 15 or more children.

   "Church or faith congregation" means a structure or place used primarily for religious worship and related religious activities. See also "Assembly-cultural, religious, social."

   "Cinema" means a specialized theatre for showing movies or motion pictures that contains audience seating and one or more screens and auditoriums.

   "Class III landfill" means a "classified waste management unit," as defined by 27 California Code of Regulations section 20164, that has been classified by a regional water control board as a Class III landfill pursuant to the provisions of the California Code of Regulations.

   "Cleaning plant, commercial" means a service establishment primarily engaged in high-volume laundry and garment services, including power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. "Cleaning plant, commercial" does not include coin-operated laundries or dry cleaning drop-off and pick-up stores without dry cleaning equipment.

   "College campus" means a major educational institution in a campus setting offering a wide range of services, including classes, laboratories, research, commercial services, on-site housing, and administration.

   "College extension" means a college, usually part of a major educational institution, that is located in one building to serve primarily the continuing educational needs of working adults. A private college or university that locates in an office park is a college extension.

   "Commercial driveway" means a driveway that serves three or more single unit dwellings; two or more duplex dwellings; multi-unit dwellings; or commercial or office uses including shopping centers, gas stations, and offices.

   "Commercial service" means an establishment that primarily renders services rather than goods to the general public.

   "Common area" means the entirety of a common interest development, as defined in California Civil Code section 1351, excepting the separate interests, or any area defined as a "common area" within a homeowners association's declaration of covenants, conditions, and restrictions.

   "Common skeletal antenna." See "Accessory antenna" and related definitions.

   "Community garden, private" means an otherwise undeveloped lot divided into multiple plots for the growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, and culinary herbs primarily for the personal use of the growers, and that is established, operated, and maintained by a group of persons, other than the city. A community garden does not include a private garden or edible landscaping that is incidental to the primary use of the lot, including a private garden or edible landscaping: (1) on a lot developed with one or more residences and devoted to the personal use of the occupants of the residences; or (2) on a lot developed with a nonresidential use. Regulation of this use varies, depending on the size of the garden.

   "Community garden, public" means public land divided into multiple plots that are available to the public for growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs primarily for the personal use of the growers, and that is established, operated, and maintained by the city.

   "Community market" means a temporary outdoor market, covering an area 500 square feet or less, that sells agricultural products, including flowers.

   "Conditional use permit" means a zoning instrument used primarily to review the location and conduct of certain land uses that are known to have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties, unless given special attention. A conditional use permit is a discretionary permit and is not the automatic right of an applicant.

   "Contractor storage yard" means a lot used for the storage of large equipment, vehicles, or other materials commonly used in the contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures used for related offices and repair facilities.

   "Contributing resource." See "Historic preservation" related definitions.

   "Corner lot." See "Lot."

   "Correctional facility" means any of the following:

      1.   A place in which people are physically confined and deprived of a range of personal freedoms as a legal penalty for the commission of a crime, such as a jail, prison, prison camp, correctional institution, and penitentiary.

      2.   Any place that a parolee or probationer is required to visit, as a condition of parole or probation, such as a day reporting center, community correctional center, work furlough program site, restitution center, or substance abuse community correctional center, except places used solely for drug and alcohol testing.

   "Covered deck or patio." See "Patio cover."

   "Crematory." See "Mortuary; crematory." (Ord. 2021-0024 § 3; Ord. 2020-0012 § 4; Ord. 2017-0061 § 5; Ord. 2017-0059 § 2; Ord. 2017-0056 § 2; Ord. 2017-0009 § 6; Ord. 2016-0050 § 2; Ord. 2016-0006 § 2; Ord. 2015-0005 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Dangerous building" means a dangerous building as defined in section 8.96.110.

   "Demolition." See "Historic preservation" related definitions, for the definition of this term as it relates to historic preservation and the review of a development project involving a landmark or a contributing resource.

   "Design director" means the individual designated by the planning director under section 17.100.040 to carry out the functions of the design director under this code.

   "Design guidelines" means a set of guidelines regarding the architectural appearance of a building, structure, or other improvement that governs the alteration, construction, demolition, or relocation of the building, structure, or other improvement.

   "Development" means any of the following:

      1.   The placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials;

      2.   Change in the density of intensity of use of land, including, subdivision of land pursuant to the Subdivision Map Act (California Government Code section 66410 et seq.), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use;

      3.   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; or

      4.   The removal or harvesting of major vegetation other than for agricultural purposes, and timber harvesting operations.

   "Development project." See "Historic preservation" related definitions, for the definition of this term as it relates to historic preservation and the review of a development project involving a landmark or a contributing resource.

   "Development standards" means regulations that address the size, bulk, height, siting conditions, and improvement standards of particular types of buildings or uses located within any zone.

   "Director" means the planning director, design director, zoning administrator, or preservation director, as appropriate.

   "Director of parks and recreation" means the director of the department of parks and recreation of the City of Sacramento or designee.

   "Director of public works" means the director of the department of public works of the City of Sacramento or designee. When required by California law the director of public works must be authorized to practice land surveying or civil engineering pursuant to Division 3 of the California Business and Professions Code.

   "Director of utilities" means the director of the department of utilities of the City of Sacramento or designee.

   "Discretionary permit" means a permit that requires the decision maker to exercise judgment or deliberation in the approval or disapproval of the permit, as distinguished from a permit that requires the decision maker merely to determine whether there is conformity with applicable design guidelines, development standards, provisions of this code, and other statutes, ordinances, and regulations.

   "Disposal facility." See "Hazardous waste facility" and related definitions.

   "Dormitory" means a dwelling containing six or more beds or guest rooms intended to be used for rental purposes for a minimum of 30 days, in which common kitchen and bathroom facilities are provided, and in which the property owner or a manager resides. Dormitory does not include a family care facility, residential care facility, supportive housing, or transitional housing. Regulation of this use varies depending on its location within or outside the boundaries of the central city.

   "Drip line" means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.

   "Drive-in theater" means a facility for outdoor presentation of motion pictures for viewing from vehicles, and may include ancillary eating places.

   "Drive-through restaurant" means a restaurant that is designed to encourage or permit customers to receive their food or drink while remaining in their motor vehicles.

   "Dwelling" means a structure that contains one or more dwelling units.

   "Dwelling, duplex" means a dwelling containing two dwelling units, or a pair of single-unit dwellings sharing a common wall.

   "Dwelling, multi-unit" means a dwelling containing three or more dwelling units. This use can include laundry facilities, gyms, and other services that are for residents only.

   "Dwelling, single-unit" means a structure designed for residential occupancy containing not more than one dwelling unit.

   "Dwelling unit" means one or more rooms that include permanent provision for living, sleeping, eating, cooking, and sanitation that are occupied for residential purposes by one or more persons living as a single housekeeping unit. All rooms within a dwelling unit must have their principal entrance from inside said dwelling unit.

   "Dwelling unit, accessory" means an accessory dwelling unit as defined in California Government Code section 65852.2, an efficiency unit as defined in California Health and Safety Code section 17958.1, or a manufactured home as defined in California Health and Safety Code section 18007.

   "Dwelling unit, junior accessory" means a junior accessory dwelling unit that is defined in and complies with California Government Code section 65852.22. (Ord. 2024-0054 § 2; Ord. 2024-0017 § 5; Ord. 2021-0023 § 5; Ord. 2020-0006 § 4; Ord. 2017-0009 § 6; Ord. 2017-0008 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Earth tones" means muted shades of gray and muted shades and medium to dark tones of the following colors: burnt umber, raw umber, burnt sienna, raw sienna, yellow ocher, chrome green, English red, Indian red, terra verte.

   "EIR" means an environmental impact report prepared pursuant to CEQA.

   "Electric vehicle charger" means off-board charging equipment used to charge an electric vehicle.

   "Electric vehicle charger level 2" means a 208-240 volt electric vehicle charger.

   "Electric vehicle direct current fast charger" means at least a 400-volt electric vehicle charger.

   "Electric vehicle charging space" means a parking space intended for future installation of EV charging equipment and charging of electric vehicles.

   "Electric vehicle charging station" means one or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles.

   "Elevation" means a drawing showing the vertical elements of a building, either interior or exterior, as a direct projection to a vertical plane.

   "Enlargement." See "Addition."

   "Equipment cabinet." See "Antenna; telecommunications facility" and related definitions.

   "Equipment rental, sales yard" means a service establishment primarily engaged in the outdoor sales or rental of moving vans, motorized equipment, including construction and farm machinery, or industrial supplies, on a lot occupying greater than 300 square feet in area. Regulation of this use varies, depending on distance from a light rail station.

   “Estate lot.” See “Lot.”

   "Executive airport comprehensive plan (1982)" means the plan so named in the form adopted by the airport land use commission on April 15, 1982. See chapter 17.312.

   "Exploration or prospecting." See "Surface mining operation" and related definitions.

   "Extraction process" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means. (Ord. 2024-0051 § 3; Ord. 2021-0015 § 3; Ord. 2020-0012 § 5; Ord. 2017-0061 § 3; Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Family care facility" means a state licensed facility that provides primarily nonmedical, 24-hour-a-day resident services to six or fewer individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual; and which is a residential care facility within the meaning of the Community Care Facilities Act (Cal. Health and Saf. Code § 1500 et seq.) or is a state licensed home for persons with mental health disorders or other disabilities, or dependent and neglected children, within the meaning of California Welfare and Institutions Code sections 5115 and 5116. A facility that does not fall under these categories or provide services to more than six individuals, excluding members of the resident family or persons employed as facility staff, may be a residential care facility.

   "Family day care facility" means a state licensed facility that provides primarily nonmedical supervision, care, therapy and instruction to six or fewer individuals, excluding members of the resident family or persons employed as facility staff on a less than 24-hour-a-day basis within the meaning of the Community Care Facilities Act (California Health and Safety Code section 1500 et seq.).

   "Farm worker housing" means housing for agricultural employees.

   "Feature or characteristic." See "Historic preservation" related definitions.

   "Final map" means a map required by the Subdivision Map Act and this title showing a subdivision of five or more parcels, a subdivision of five or more condominiums as defined in section 783 of the California Civil Code, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

   "Firearms business" means "firearm and ammunition sales" as defined in chapter 5.64.

   "Fire protection" means fire hydrants and other protective measures as may be reasonably required by the fire marshal for protection of property to be located within a subdivision.

   "Flag lot." See "Lot."

   "Flood hazard" means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses.

   "Flood hazard zone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by FEMA. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage.

   "Floor area ratio (FAR)" means the gross building area (GBA) of development, exclusive of structured parking areas and open space (common, public, and private), proposed on the site divided by the total net lot area (NLA). The formula is GBA/NLA = FAR (Example: 43,560 / 43,560 = FAR 1.0).

   "Fraternity house; sorority house" means a dwelling or dwelling unit maintained for sorority or fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution for higher learning.

   "Freeway" means a highway defined as a "freeway" in section 23.5 of the California Streets and Highways Code.

   "Front yard." See "Yard."

   "Front-yard setback." See "Setback."

   "Frontage" means that portion of a lot that abuts a public street or private street for which the street alignments, widths, and design standards have been approved by the planning and design commission, preservation commission, or city council.

   "Frontage road" or "service road" means a street adjacent and approximately parallel to and separated from a freeway or other public street; and that affords access to abutting property.

   "Fuel storage yard" means portions of properties where flammable and combustible liquids and gases are received by tank vessels, pipe lines, tank cars, or tank vehicles, and are stored above ground, blended in bulk, or compressed, for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles, or containers.

   "Funeral chapel" means a building used primarily for human funeral services in relation to a mortuary or crematory. (Ord. 2024-0054 § 3; Ord. 2024-0017 § 6; Ord. 2017-0061 § 4; Ord. 2017-0009 § 6; Ord. 2016-0012 § 3; Ord. 2013-0020 § 1; Ord. 2013-0018 § 13; Ord. 2013-0007 § 1)

   "Gas station" means any building, land area, or other premises used primarily for the retail dispensing or sales of gasoline or alternative fuel for vehicles.

   "General plan" means a statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the city (see California Government Code section 65300 et seq.).

   "Geological hazard" means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

   "Golf course; driving range" means a lot used for the playing of golf, including pitch-and-putt courses, and limited areas on which golf players drive golf balls from a central driving tee, but shall not include miniature golf courses or other similar commercial enterprises.

   "Greenwaste." See "Recycling facility" and related definitions.

   "Greenwaste facility." See "Recycling facility" and related definitions.

   "Gross floor area" means the area included within the surrounding walls of a building.

   "Gun range; rifle range" means a facility where firearms are fired or discharged. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Hazardous waste." See "Hazardous waste facility" and related definitions.

   "Hazardous waste facility" and related definitions:

      1.   "Disposal facility" means a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. (See California Health and Safety Code section 25114.)

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

      3.   "Hazardous waste facility" means a hazardous waste facility that includes all contiguous land and structures, other appurtenances, and improvements on the land, used for handling, treating, storing, or disposing of hazardous waste.

      4.   "Off-site facility" means a hazardous waste facility that is not an on-site facility.

      5.   "On-site facility" means an on-site facility at which hazardous waste is produced and which is owned by, leased to, or under the control of the producer of the waste.

      6.   "Storage facility" means a hazardous waste facility at which the hazardous waste is contained: (1) for periods greater than 90 days at an on-site facility; (2) in a tank for any period of time and the quantities of waste exceed 5,000 gallons or 45,000 pounds, whichever is greater; (3) for any period of time at an off-site facility that is not a transfer facility; or (4) at a transfer facility for periods greater than 96 hours.

      7.   "Transfer facility" or "transfer station" means any hazardous waste facility where hazardous wastes are loaded, unloaded, pumped, or packaged. (California Health and Safety Code section 25114)

      8.   "Treatment" and "treatment facility" mean treatment as defined in California Health and Safety Code section 25123.5. "Treatment facility" means any off-site or on-site facility at which hazardous waste is subject to treatment.

   "Height of building." See "Building, height of."

   "Heliport; helistop" means an area of land or water or a structural surface that is used or intended to be used for the landing and take-off of helicopters, along with any appurtenant areas that are used, or intended to be used, for heliport buildings and other heliport facilities, and that is permitted or licensed by the California Department of Transportation.

   "High voltage transmission facility" means electrical transmission supply lines, poles, and accessory structures operated at the electrical potential of 100,000 volts or greater, and substations where at least one of the transmission lines connecting with the substation is operated at the electrical potential of 100,000 volts or greater.

   "Historic preservation" related definitions.

      1.   "California Register" means the California Register of Historical Resources as defined in California Public Resources Code section 5020.1.

      2.   "California Register resource" means any resource listed in the California Register.

      3.   "California Historical Building Code" means Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations.

      4.   "Certified local government" (CLG) means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.), pursuant to section 101(c) of that Act and the regulations adopted under this Act, which are set forth in Part 61 (commencing with section 61.1) of Title 36 of the Code of Federal Regulations.

      5.   "Contributing resource" means a resource designated as a contributing resource by the city council under chapter 17.604.

      6.   "Demolition" means the following:

         a.   The complete demolition of the entirety of a landmark or contributing resource;

         b.   The partial demolition of a landmark or contributing resource that involves any of the following:

            i.   The demolition of an aggregate of 50 or more linear feet of exterior wall or more than 50% of the foot-print of the landmark or contributing resource,

            ii.   The remodeling or other alteration of the landmark or contributing resource, where the proposed work affects or may affect significant features or characteristics, or

            iii.   The demolition is other than minor, inconsequential, or insignificant and it has been determined that the demolition will affect the significance of the landmark or contributing resource;

         c.   For purposes of chapter 17.604, the demolition of any structure 50 years old or older means the removal of an aggregate of 50 or more linear feet of exterior wall or more than 50% of the footprint of the structure.

      7.   "Development project" is liberally interpreted in light of the findings and purpose of chapter 17.600 and includes the following:

         a.   The demolition of a landmark or a contributing resource;

         b.   The relocation of a landmark or a contributing resource;

         c.   The addition to, remodel, repair, rehabilitation and any other modification of the exterior of a landmark, contributing resource, or noncontributing resource, along with all associated facilities and appurtenances such as walls, fences and signs;

         d.   The remodel, repair, rehabilitation or any other modification of the interior of a landmark or contributing resource where the interior constitutes "features or characteristics" as defined herein and is accessible to or is made available to the public;

         e.   The new construction of a building or structure on the same lot as a landmark, contributing resource, or non-contributing resource, or on a vacant lot in a historic district;

         f.   The relocation of an existing building or structure to the same lot as a landmark, contributing resource, or non-contributing resource, or to a vacant lot in a historic district.

      8.   "Feature or characteristic" means fixtures, components or appurtenances attached to, contiguous with, or otherwise related to a structure or property including but not limited to landscaping, setbacks, massing, distinguishing aspects, roof attributes, materials, moldings, sculptures, fountains, light fixtures, windows and monuments. "Feature or characteristic" may include historically or architecturally significant interior areas that are accessible to or made available to the public, including, without limitation, areas commonly used as public spaces such as lobbies, meeting rooms, gathering rooms, public hallways, great halls, bank lobbies, or other similar spaces. Interior areas that generally are not accessible to or made available to the public, but which occasionally may be visited by business invitees or members of the public, including those on a tour of a facility, do not constitute a "feature or characteristic."

      9.   "Historic resource" and "cultural resource" mean those properties determined to be a historic resource or cultural resource under CEQA or NEPA, under any other provision of California law, or listed or nominated for listing on the Sacramento register.

      10.   "Historic district" means a geographic area designated as a historic district by the council in accordance chapter 17.604.

      11.   "Historic district plan" means a plan adopted by the council pursuant to chapter 17.604 or the prior versions of that chapter.

      12.   "Landmark" means all historic resources designated as landmarks by the council in accordance with chapter 17.604.

      13.   "Listed historic resource" means any resource listed in the Sacramento register, the California Register, or the National Register of Historic Places; provided, that listed historic resource does not include a noncontributing resource in a historic district or resources in the Old Sacramento national historic landmark district.

      14.   "Mills Act" means California Government code sections 50280 et seq.

      15.   "National Historic Preservation Act" means 16 U.S.C. section 470 et seq.

      16.   "National Register of Historic Places" means the official inventory of districts, sites, buildings, structures and objects significant in American history, architecture, archeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. sections 60, 63).

      17.   "National register resource" means any resource listed in the National Register of Historic Places.

      18.   "Nominated resource" means a resource nominated for listing on the Sacramento register as provided for in chapter 17.604.

      19.   "Nomination" means a nomination for listing of a resource on the Sacramento register pursuant to chapter 17.604.

      20.   "Noncontributing resources" means all resources within a historic district that are not identified as contributing resources.

      21.   "Resource" means any building, structure, site, area, place, feature, characteristic, appurtenance, landscape, landscape design, or improvement.

      22.   "Sacramento register of historic and cultural resources" or "Sacramento register" means the register created by chapter 17.604.

      23.   "Secretary of the Interior's Standards" means the Secretary of the Interior's Standards for Treatment of Historic Properties found at 36 C.F.R. 68.3.

      24.   "Significant feature or characteristic" means a feature or characteristic identified by the city council as significant from a historical standpoint pursuant to chapter 17.604.

      25.   "Survey" means a process by which properties are documented for eligibility for listing in the Sacramento register, the California Register, or the National Register of Historic Places.

   "Historic district." See "Historic preservation" related definitions.

   "Historic district plan." See "Historic preservation" related definitions.

   "Historic resource" and "cultural resource." See "Historic preservation" related definitions.

   "Home occupation" means a nonresidential use conducted in a dwelling unit that is clearly incidental and subordinate to the use of the dwelling for residential purposes.

   "Hotel; motel" means a building designed for occupancy as temporary night-to-night lodging, with or without meals, but excludes a bed and breakfast inn. A hotel is typically larger than a motel and often includes conference and banquet facilities.

   "Hydroponics" means a method of growing plants in a soil-less medium or an aquatic-based environment in which plant nutrients are distributed via water. (Ord. 2020-0025 § 3; Ord. 2017-0009 § 6; Ord. 2015-0005 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Immediately dangerous building or structure" means an immediately dangerous building or structure as defined in section 8.96.120.

   "Improvements" means buildings, structures, and fixtures erected on, or affixed to, land, except telephone, telegraph, and electrical lines.

   "Improvement plans" means plans prepared by or under the direction of a registered civil engineer that show full details of all improvements required to be installed under these regulations, and of all other improvements to be installed within any street, alley, pedestrian way, easement, or other public area or right-of-way. Full details shall include cross sections, profiles, estimated costs, and specifications.

   "Industrial driveway" means a driveway that serves industrial uses.

   "Infill" means development on, or reuse of, a site that has been previously developed, or development on a vacant site, where at least 75% of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with existing uses.

   "Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.

   "Integrated development site" means a site consisting of two or more contiguous parcels sharing parking facilities with reciprocal access and parking easements or similar shared-parking agreements.

   "Interior lot." See "Lot."

   "Interior side yard." See "Yard."

   "Interior side-yard setback." See "Setback." (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Junk yard" means any yard, plot, space, enclosure, building, or any other place where junk is collected, stored, gathered together, and kept. See also section 5.80.020. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Kennel" means any premises, buildings, or structures that are used for the commercial breeding or boarding of dogs, cats, or other small domesticated household pets (not farm animals), or for the breeding or keeping of dogs for racing purposes.

   "Key lot." See "Lot." (Ord. 2017-0061 § 6; Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Laboratory, research" means a building or group of buildings that have facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.

   "Landmark." See "Historic preservation" related definitions.

   "Landscape setback" means an area planted and maintained with a combination of trees, turf, or live ground cover and shrubs.

   "Landscaping" means plants, other physical site elements, and plans.

   "Laundromat, self-service" means a commercial establishment offering self-serve and assisted laundry facilities for public use.

   "Legislative change requests" means an application to change the legislative regulations applicable to a parcel of land. Changes to legislative actions are discretionary.

   "Library; archive" means an establishment primarily engaged in maintaining collections of documents (e.g., books, journals, newspapers, music, and other recorded information regardless of its physical form and characteristics) and facilitating the use of the documents to meet the informational, research, educational, or recreational needs of the user. These establishments may also acquire, research, store, preserve, and generally make accessible to the public historical documents, photographs, maps, audio material, audiovisual material, and other archival material of historical interest. All or portions of these collections may be accessible electronically.

   "Light rail station, proposed" means a light rail station approved for installation by the board of directors of Sacramento Regional Transit District.

   "Listed historic resource." See "Historic preservation" related definitions.

   "Livestock yard" means an establishment to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis.

   "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but not including garages or accessory structures.

   "Living quarters" means one or more rooms in a building designed for occupancy by one or more persons for living or sleeping purposes.

   "Lot" means a parcel of land shown on a subdivision map or a record of survey map recorded in the office of the county recorder with a separate and distinct number or letter, or a parcel described by metes and bounds, or a building site in one ownership having an area for each main building as hereinafter required in each zone.

      1.   "Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

      2.   "Estate lot" means a lot consisting of 12,000 square feet or more containing a dwelling that is a landmark, California Register resource, or National Register resource.

      3.   "Flag lot" means a parcel of land often shaped like a flag and the pole to which it is attached, with a narrow strip providing access to a public street and the bulk of the property that usually has no frontage that is visible from the public street because it may lie behind residences, buildings, or open land.

      4.   "Interior lot" means a lot other than a corner lot.

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

      6.   "Reversed corner lot" means a corner lot, the rear of which abuts upon the side of another lot.

      7.   "Through lot" means a lot having frontage and public access on two parallel public streets.

   "Lot area" means the total area within the lot lines of a lot.

   "Lot area, net" means the area of a lot excluding publicly dedicated land; private streets which meet city standards; and other public use areas.

   "Lot coverage" means the amount of lot, stated in terms of a percentage, that is covered by all buildings or structures. Lot coverage includes all buildings, porches, breezeways, patio roofs, and the like, whether open box type or lathe roofs, or fully roofed, but does not include fences, walls, hedges used as fences, uncovered porches or patios that are less than 30 inches in height, or swimming pools. On a residential structure, an eave overhang measuring two feet or less in width, shall not be included in lot coverage. If the overhang exceeds two feet in width, the entire overhang shall be included in lot coverage.

   "Lot depth" means the distance between the front and rear lot lines. If the side lot lines differ in length, the depth of the lot is defined as the average of the lengths of the side lot lines.

   "Lot line adjustment" means the relocation of a lot line between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

   "Lot line, front" means, in the case of an interior lot, a lot line separating the lot from the street, and in the case of a corner lot, a lot line separating the narrowest street frontage of the lot from the street.

   "Lot line, rear" means a lot line that is opposite and most distant from the front lot line, and in the case of an irregularly shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

   "Lot line, side" means any lot boundary line that is neither a front lot line nor a rear lot line.

   "Lot width" means the distance between the side lot lines measured at the front building setback line.

   "Low barrier navigation center" has the same meaning as in California Government Code section 65660, subdivision (a).

   "Lumber yard, retail" means an area used for the storage, distribution, and sale of lumber and lumber products at retail, but not including the manufacture, remanufacture, or fabrication of lumber, lumber products, or firewood. (Ord. 2024-0054 § 4; Ord. 2024-0051 § 4; Ord. 2024-0017 § 7; Ord. 2021-0024 § 4; Ord. 2018-0055 § 2; Ord. 2017-0009 § 6; Ord. 2017-0008 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Major medical facility" means an institution that provides intensive supervision or medically supervised treatment to patients who are generally non-ambulatory. This category shall include general and special hospitals, children's treatment centers, extended care facilities for treatment and convalescence, and nursing homes as defined in California Health and Safety Code section 129435. Ancillary retail uses, such as gift shops, restaurants or cafeterias, pharmacies, food carts, produce sales/stands, are permitted.

   "Major recycling facility." See "Recycling facility" and related definitions.

   "Major transit station" means a rail stop or bus corridor that provides at least 15-minute frequency service during peak hours.

   "Manufactured home" means factory-built, single-unit dwelling or multi-unit dwelling structure designed to be used with a foundation. A manufactured home is treated in the same manner as "dwelling" in the individual zone chapters.

   "Manufacturing, service, and repair" means the compounding, processing, reprocessing, assembly, packaging, maintenance, or repair of goods. Regulation of this use varies, depending on size of building.

   "Market garden" means the use of a site for cultivation of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs for sale or donation of its produce to the public which is in a zone other than an A or A-OS.

   "Master plan" means an overall plan for development, consistent with the goals and policies of the general plan and applicable community plan, specific plan, or area plan. A master plan shall include, but may not be limited to, an overall schematic plan designating acreage proposed for each parcel, location of proposed land uses, general description of the types and intensities of uses, building elevations, heights, square footage, parking, open space, and the proposed pedestrian, bicycle, and traffic circulation system.

   "Medical clinic or office" means a facility in which substantially all of the services provided constitute the practice of medicine, surgery, dentistry, optometry, podiatry, chiropractic, acupuncture, acupressure, psychology, psychiatry, counseling, medical-related laboratory services, or similar health services; are provided by state licensed health professionals; and are rendered on a one-to-one patient to health professional ratio, on an out-patient or less than 24 hour a day basis.

    "Merger" means the joining of two or more contiguous parcels of land under common ownership into one parcel.

   "Mills Act." See "Historic preservation" related definitions.

   "Mined lands." See "Surface mining operation" and related definitions.

   "Minerals." See "Surface mining operation" and related definitions.

   "Mini storage; locker building" means a facility that offers individually secured units or surface space for the storage of goods, other than hazardous materials, for rental to the public, each of which is accessible only by the renter of the individual unit or space. Regulation of this use varies, depending on distance from a light rail station.

   "Minor recycling facility." See "Recycling facility" and related definitions.

   "Mobilehome" means a dwelling transportable in one or more sections, designed and equipped for human habitation and to be used with or without a foundation system. Mobilehome does not include a recreational vehicle.

   "Mobilehome park" means any lot or parcel where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

   "Mobilehome-sales, storage" means an establishment where mobilehomes are sold or stored.

   "Model home temporary sales office" means a dwelling temporarily used as an on-site sales office for a residential development under construction.

   "Monopole." See "Antenna; telecommunications facility" and related definitions.

   "Mortuary; crematory" means an establishment that prepares the human dead for burial, cremates human remains, or arranges and manages funerals. A funeral chapel may be included as part of this use.

   "Museum" means a building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, cultural, or artistic value. (Ord. 2017-0061 § 7; Ord. 2017-0059 § 3; Ord. 2017-0056 § 3; Ord. 2017-0029 § 2; Ord. 2017-0028 § 2; Ord. 2017-0009 § 6; Ord. 2016-0050 § 3; Ord. 2015-0005 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "National Environmental Policy Act" or "NEPA" means 42 U.S.C. section 4321 et seq.

   "National Historic Preservation Act." See "Historic preservation" related definitions.

   "National Register of Historic Places." See "Historic preservation" related definitions.

   "National register resource." See "Historic preservation" related definitions.

   "Negative declaration" means a negative declaration prepared pursuant to the requirements of CEQA.

   "Nominated resource." See "Historic preservation" related definitions.

   "Nomination." See "Historic preservation" related definitions.

   "Nonconforming use" means any use, whether of a building, structure, or lot, that does not conform to the land use regulations of this title for the zone in which the use is located, either on the effective date of this title or as a result of subsequent amendments to this title, but that did conform to the applicable land use regulations in existence at the time the use was established.

   "Noncontributing resource." See "Historic preservation" related definitions.

   "Non-profit organization, food preparation for off-site consumption" means a facility operated on a not-for-profit basis where food or meals are prepared for delivery and consumption off-site.

   "Non-profit organization, food storage and distribution" means a facility that stores or distributes food to individuals and families in need on a not-for-profit basis. Such facilities may be referred to as food banks, food pantries, or food closets. Regulation of this use varies, depending on size of building.

   "Non-profit organization, meal service facility" means a facility where meals are served on-site to individuals or families on a not-for-profit basis. Such a facility may be referred to as a congregate meal facility or a dining hall.

   "Nonresidential care facility" means a facility that provides supervision, care, or therapy to seven or more individuals, excluding members of the resident family or persons employed as facility staff, on a less than 24-hour-a-day basis. A facility that provides this service for six or fewer individuals is a "family day care facility." (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Off-site facility." See "Hazardous waste facility" and related definitions.

   "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. Office includes "medical clinic or office."

   "Old Sacramento" or "Old Sacramento national historic landmark historic district" means the Old Sacramento national historic landmark district as listed and described on the National Register of Historic Places established pursuant to the National Historic Preservation Act, an area located in the Sacramento central city roughly bounded by the Sacramento River on the west, Capitol Mall on the south, the Interstate 5 freeway on the east and I Street and the I Street Bridge on the north.

   "On-site facility." See "Hazardous waste facility" and related definitions.

   "Open space" means land or water that is open to the sky and is intended to be used for landscaping, outdoor recreation, agriculture, nature conservation, or environmental protection.

   "Open space, common" means open space that is reserved for the shared use of adjacent tenants or property owners. Common open space includes landscaping, roof gardens, atriums, natural water features (e.g., ponds), and other amenities used for outdoor use.

   "Open space, private" means open space that is reserved for the use of a single tenant or property owner. Private open space includes balconies, decks, and porches.

   "Open space, public" means open space that is provided for public use.

   "Outdoor market" means a marketplace, not confined to a building, with one or more individual stalls or vendors that sell products such as new or used goods, wares, merchandise, limited services, fresh food items, pre-packaged food items, and flowers or plants. An outdoor market may be permanent or a periodic/occasional event. An outdoor market is also common known as a flea market, outdoor bazaar, farmer's market, open-air market, produce market, or community market. Outdoor market includes the sale of food and beverages from food vending vehicles, unless only one or two food vending vehicles are on the property. The operation of food vending vehicles must comply with chapter 5.68. A business displaying merchandise outside a fully enclosed building in association with a business where purchase of such merchandise ordinarily takes place within a building is not considered an outdoor market. See section 5.88.200 relating to outdoor sales and displays of merchandise.

   "Overburden." See "Surface mining operation" and related definitions. (Ord. 2017-0009 § 6; Ord. 2015-0017 § 1; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Parapet" means a low protective wall or railing along the edge of a roof, balcony, or similar structure; in an exterior wall, the part entirely above the roof.

   "Parcel." See "Lot."

   "Parcel map" means a parcel map required by the Subdivision Map Act and this title, including a map showing a subdivision of four or fewer parcels, a map showing a subdivision of four or fewer condominiums as defined in section 783 of the California Civil Code, a map showing a community apartment project containing four or fewer parcels, or a map showing the conversion of a dwelling to a stock cooperative containing four or fewer dwelling units.

   "Park" means all publicly owned and operated parks that are used, operated, or maintained for recreational purpose.

   "Parking lot; garage" means a parking facility intended to serve a particular building or use.

   "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

   "Passenger terminal" means an enclosed building, including terminals, depots, and passenger waiting, loading, and unloading stations of bus, rail, and other transit companies and districts, public and private, that provide transportation services primarily for people, but that may transport freight as an incidental service. This term does not include bus or other transit passenger stops located within or immediately adjacent to a public right-of-way, and designed with or without a partially enclosed shelter.

   "Patio" means a level, surfaced area usually adjacent to a principal building.

   "Patio cover" means a solid or open roof structure that covers a patio, platform, or deck area. Patio covers may be detached or attached to another structure. Patio covers may be enclosed and used for recreational and outdoor living purposes, but do not include uses such as carports, garages, storage rooms, or habitable rooms.

   "Pedestrian way" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way, and at grade or grade-separated from vehicular traffic.

   "Planned development" means a subdivision consisting of one or more planned developments as that term is defined in California Business and Professions Code section 11003.

   "Planned unit development (PUD)" means a residential or commercial development guided by a total de-sign plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

   "Planning and design commission" means the planning and design commission established pursuant to chapter 2.60.

   "Planning and zoning law" means Title 7 Division 1 of the California Government Code, beginning with section 65000.

   "Planning director" means the individual designated under section 17.100.040 to perform the functions required by, and to exercise the authority granted under, this title.

   "Plant nursery" means a facility for propagation or sale of horticultural or ornamental plant materials and related products, including:

      1.   Sale of products to the general public, including plant materials, planter boxes, fertilizer, and related items;

      2.   Wholesale or distribution of plant materials, raised on the same site, to other business;

      3.   A facility for indoor propagation of plants constructed with transparent panels including lath houses; and

      4.   Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors.

   "Porch" means a roofed open area usually attached to, or part of, and with direct access to one or more buildings.

   "Porte-cochere" means a roofed structure extending from the entrance of a building over an adjacent drive to shelter persons entering or leaving the building.

   "Post-tentative map design deviation" means modification to subdivision requirements or standards, as permitted in section 17.844.010.B, after the approval of the tentative map.

   "Preservation commission" means the preservation commission established pursuant to chapter 2.58.

   "Preservation director" means the individual designated by the planning director under section 17.100.040 to carry out the functions of the preservation director under this code.

   "Primary use" means the primary or dominant use of land, such as residing within a dwelling, operating a business, manufacturing, or farming.

   "Private garden" means a private food-producing garden that is accessory to the primary use of the site and which is located in the front yard, side yard, rear yard, rooftop, courtyard, balcony, fence, wall, window sill or basement.

   "Process." See "Recycling facility" and related definitions, for the definition of this term as it relates to recycling uses.

   "Produce" means any food in its raw or natural state which is in such form as to indicate that is intended for consumer use with or without any or further processing.

   "Produce stand" means a permanent structure used for the retail sale of fresh fruits, vegetables, and flowers and may include, as an incidental or accessory use, the sale of sealed or prepackaged food products or nonfood items.

   "Public improvements" means streets, alleys, streetscapes, public utilities and other improvements within the public rights-of-way.

   "Public utility yard" mean public facilities that consist of buildings and premises used for the storage and maintenance of equipment and materials involved in construction, installation, maintenance, or landscaping on other property.

   "Public way" means any street, highway, alley, pedestrian way, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which the public has a right of use. (Ord. 2021-0023 § 6; Ord. 2017-0009 § 6; Ord. 2017-0008 § 6; Ord. 2015-0005 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

(Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Railroad ROW" means a strip of land occupied by railroad tracks and spur tracks, and, if permitted in the applicable zoning district, loading and unloading platforms or structures.

   "Railroad-yard, shop" means an area of land, a portion of which is covered by a system of tracks for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail-yard or shop include the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains, engines, locomotives, and rolling stock.

   "Rear yard." See "Yard."

   "Rear-yard setback." See "Setback."

   "Reclamation." See "Surface mining operation" and related definitions.

   "Reconstruction" means the rebuilding of a structure in such a manner and to such an extent as to substantially replace the existing structure.

   "Recreational vehicle (RV)" means any of the following:

      1.   Travel trailer: a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses permanently identified as a travel trailer by the manufacturer.

      2.   Camper: a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render as suitable for use as a temporary dwelling for camping, travel, recreational, and vacation purposes.

      3.   Motorized home: a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

      4.   Full tent trailer: a folding structure mounted on wheels and designed for travel and vacation use.

      5.   Boats and boat trailers: boats, floats, and rafts, and associated highway transport equipment.

   "Recyclable material." See "Recycling facility" and related definitions, for the definition of this term as it relates to recycling uses.

   "Recycling facility" and related definitions:

      1.   "Recycling facility, convenience" means a recycling facility located in a convenience zone and certified by the California Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code section 14500 et seq.). Refer to chapter 17.228 for convenience recycling facility development standards and criteria.

      2.   "Recycling facility-minor, major, greenwaste" means a facility for the acceptance of recyclable materials from the general public, other recycling facilities, local government agencies, and other business enterprises. The facility is used for the collection, short-term storage, processing, and transfer of recycled materials having a residual solid waste of 10% or less of non-putrescent material requiring transport to a landfill. A recycling facility may use portable or permanent equipment to chip, crush, grind, or process recyclable waste products. The categories of recycling facilities used by this title are:

         a.   Minor recycling facility. A "minor recycling facility" is a recycling facility that is not a major recycling facility and is not a convenience recycling facility. A minor facility cannot accept greenwaste. Refer to chapter 17.228 for facility development standards and criteria.

         b.   Major recycling facility. A "major recycling facility" is a facility with an operation involving 50 tons or more of material per day; or that includes on-site stockpiled material of 5,000 tons or more; or that includes more than 50 truck trips per day; or with a site area that exceeds three acres. A major facility cannot accept greenwaste. Refer to chapter 17.228 for facility development standards and criteria.

         c.   Greenwaste facility. A "greenwaste facility" is a facility that accepts garden, wood, and other organic waste to reprocess into compost, wood chips, or other products. "Chip and ship" or "chip and grind" facilities are included in this type of facility. Such a facility must meet the criteria and standards listed in chapter 17.228. Facilities which receive greenwaste (garden, wood, or other organic waste) for shipment to another facility for reprocessing or composting are included in this type of facility. Such a facility may use power-driven processing equipment. Refer to chapter 17.228.

      3.   "Greenwaste" means organic waste generated by landscape, garden or agricultural operations consisting of lawn clippings, tree and shrub prunings, wood, and miscellaneous soil material. This is categorized as material which can be used to process into compost or wood chips for reuse.

      4.   "Process" means the act of physically altering collected materials, including crushing cans and breaking glass bottles by hand or with manual or power-driven equipment.

      5.   "Recyclable material" means reusable material, including without limitation metals, glass, plastic, paper, concrete, and organic material that is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material.

      6.   "Reverse vending machine" means a mechanical device that accepts one or more types of empty CRV beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's refund value.

      7.   "Solid waste" means any material consisting of inert, putrescible, or non-putrescible material generated by residential, commercial, industrial, and agricultural uses. Inert materials generally have no active material that can break down into other forms, and therefore are considered not to decompose. Putrescible materials are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases, or other offensive conditions. Non-putrescible materials are not easily decomposed into other matter or decomposed into other materials.

      8.   "Scrap metals" includes materials and equipment commonly used in construction, agricultural operations, irrigation, and electrical power generation and transmission, railroad equipment, automobile parts, oil well rigs, scrap iron, nonferrous materials, copper, stainless steel, and nickel that are offered for sale to any junk dealer or recycler, but does not include household generated waste or aluminum beverage containers.

   "Related equipment." See "Antenna; telecommunications facility" and related definitions.

   "Relocation" means the moving of a building or structure from one place to another.

   "Remodel" means any improvement to the exterior or interior of a building that requires an electrical, plumbing, or HVAC permit and that is not a structural alteration, new construction, reconstruction, or enlargement.

   "Repair" means restoration of a facility or components to such condition that it may be used effectively for its designated purpose, by overhaul, or replacement of constituent parts or materials that have deteriorated by action of the elements, vandalism, and wear and tear that cannot be corrected through maintenance.

   "Residential care facility" means a state-licensed facility that provides primarily nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24-hour-a-day basis. A facility that provides this service to six or fewer individuals may be a family care facility. Residential care facility does not include supportive housing or transitional housing.

   "Residential driveway" means a driveway that serves a single unit dwelling or duplex dwelling.

   "Residential hotel" means a land use consisting of six or more rooms or efficiency units used, or intended to be used, for sleeping or living purposes by tenants who use the rooms or efficiency units as their primary residence. An "efficiency unit" has the same meaning as in section 15.20.030. Services may be provided on-site for counseling and case management. Residential hotel is also known as a single-room occupancy (SRO) hotel. Residential hotel does not include supportive housing or transitional housing.

   "Resource." See "Historic preservation" related definitions, for the definition of this term as it relates to historic preservation and the review of a development project involving a landmark or a contributing resource.

   "Restaurant" means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. A restaurant use may or may not have within its premises a bar for the sale of alcoholic beverages for onsite consumption.

   "Retail floor area" means floor area where merchandise is displayed for sale, including outdoor sales areas. Retail floor area does not include warehouse and storage areas used to support the retail areas.

   "Retail store" means an establishment engaged in selling goods or merchandise to the general public for personal or household consumption or use. Goods or merchandise may be new or used. A retail store promotes itself to the general public; may buy, receive, and sell merchandise; may process or manufacture some of the products in stock, such as jewelry or baked goods; and may process articles owned by the customer, such as cleaners or shoe repair. Membership-type stores, indoor markets, bazaars, antique malls, consignment shops, thrift stores, and secondhand stores are examples of retail stores. Regulation of this use varies, depending on size of building. "Retail store" does not include superstores.

   "Reverse vending machine." See "Recycling facility" and related definitions, for the definition of this term as it relates to recycling uses.

   "Reversed corner lot." See "Lot."

   "Reversed frontage" means the situation where the rear lot line of a corner lot is contiguous to the side lot line of the adjacent interior lot.

   "Revised tentative map" means a tentative map filed for approval under section 17.828.140 showing a revised arrangement of the streets, alleys, easements, or lots, or a modification of the boundary of property, or a change in the number of lots for which a tentative map has been previously approved.

   "Riding stable" means a commercial horse, donkey, or mule facility, including a horse ranch, boarding stable, and riding school. A riding stable may have barns, stables, corrals, and paddocks accessory and incidental to the riding stable.

   "Roadway" means that portion of a right-of-way for a street, highway, or alley designed or used to accommodate the movement of motor vehicles.

   "Rooftop emergency facility" means a clear area of the roof of a tall building that is not permitted or licensed as a heliport or helistop and is not intended to function as a heliport, yet is capable of accommodating helicopters engaged in firefighting or emergency evacuation operations. Rooftop emergency facility is also known as an "emergency evacuation facility."

   "Rooftop farming" means cultivating food crops on the rooftop of a building. (Ord. 2024-0054 § 5; Ord. 2024-0017 § 8; Ord. 2017-0009 § 6; Ord. 20150005 § 8; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Sacramento register of historic and cultural resources" or "Sacramento register." See "Historic preservation" related definitions.

   "Satellite receive-only antenna." See "Accessory antenna" and related definitions.

   "School-dance, music, art, martial arts" means a school that primarily teaches skills in the fine arts, performing arts, and martial arts.

   "School, K-12" means any building, portion of building, or group of buildings designed, constructed, and used for public or private education or instruction for any or all grades from kindergarten through grade 12.

   "School, vocational" means a school that primarily teaches usable skills to prepare students for jobs in a trade. This use is also known as a business school/college or trade school.

   "Secretary of the Interior's Standards." See "Historic preservation" related definitions.

   "Senior housing" means housing intended for elder adults, usually age 50 or over, with varying levels of care. The definition includes independent living and assisted living.

   "Service road." See "frontage road."

   "Setback" means the line beyond which the main wall of a building or structure may not project. A required setback for one building or structure may not serve as the required setback for any other building or structure.

      1.   A front-yard setback, and a rear-yard setback that is adjacent to an alley, extend across the full width of the lot and are measured from the adjacent right-of-way line to the nearest point of the main wall of the building.

      2.   A rear-yard setback that is not adjacent to an alley extends across the full width of the lot and is measured from the property line to the nearest point of the main wall of the building.

      3.   An interior side-yard setback extends from the front-yard setback to the rear-yard setback and is measured from the property line to the nearest point of the main wall of the building.

      4.   A street side-yard setback extends from the front-yard setback to the rear-yard setback and is measured from the adjacent right-of-way line to the nearest point of the main wall of the building.

   "Shopping center" means a group of five or more commercial establishments on one or more parcels with common off-street parking and vehicular access points. A shopping center can include an anchor tenant that wholly or partially occupies a structure in a shopping center; occupies not less than 4,000 square feet; and is a retail food store, drug store, department store, retail discount house, home improvement center, variety store, movie theater, or restaurant.

   "Side yard." See "Yard."

   "Significant feature or characteristic." See "Historic preservation" related definitions.

   "Site" means a contiguous area of land, including a lot or lots or a portion thereof, upon which a project is developed or proposed for development.

   "Site plan and design review" means a review process that ensures that the physical aspects of a development project are consistent with the general plan and applicable specific plan or transit village plan and with all applicable neighborhood specific and city-wide design guidelines and development standards. Site plan and design review is a discretionary permit and is not the automatic right of an applicant.

   "Solar energy system, commercial (city property)" means a facility used for the conversion of solar energy for the commercial sale of electricity and located on a lot owned by the city. A solar energy system-commercial (city property) does not include a system that is accessory to the primary use of the lot and that generates electricity that is primarily used on-site or credited to the use of the lot.

   "Solar energy system, commercial (non-city property)" means a facility used for the conversion of solar energy for the commercial sale of electricity and located on a lot that is not owned by the city. A solar energy system-commercial (non-city property) does not include a system that is accessory to the primary use of the lot and that generates electricity that is primarily used onsite or credited to the use of the lot.

   "Solid waste." See "Recycling facility" and related definitions, for the definition of this term as it relates to recycling uses.

   "Solid waste landfill" means a solid waste landfill defined in California Public Resources Code section 40195.1.

   "Solid waste transfer station" means a facility where solid waste is unloaded and then consolidated for shipment to a landfill.

   "Special use" means uses that may have an impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention.

   "Special permit." See "Conditional use permit."

   "Specific plan" means a plan addressing land use distribution, open space availability, infrastructure, and infrastructure financing for a portion of the community. (See California Government Code section 65450 et seq.)

   "Sports complex" means a commercial indoor or outdoor structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events. A sports complex may also be used for entertainment and other public gathering purposes, such as conventions, theater, circuses, or concerts. The facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales, offices, and other support facilities.

   "Stand-alone parking lot" means a parking facility not intended to serve a particular building or use, or that does not include parking spaces required under chapter 17.608.

   "Storage facility." See "Hazardous waste facility" and related definitions.

   "Street" means a public thoroughfare, including a public road and highway, that affords the principal means of access to abutting property.

   "Street, arterial" means a street with high traffic volumes (20,000 daily trips or more) that typically link freeways to collector streets and local streets.

   "Street, collector" means a street that collects and distributes vehicular traffic moving between arterial streets and local streets and that generally provides direct access to abutting properties.

   "Street, cul-de-sac" means a street that is designed to remain permanently closed at one end by a vehicular turnaround. The length of a cul-de-sac street shall be measured from the center line of the intersecting street along the center line of the cul-de-sac street to the center of the radius of the turnaround.

   "Street, local" means any street other than a collector street, arterial street, or freeway that provides direct access to abutting properties and serves local as distinguished from through traffic.

   "Street, major" means a street carrying the vehicular traffic of minor and collector streets to and from freeways, the central business district, and other major streets, with protected intersections at grade; and generally providing direct access to abutting property.

   "Street, minor" means any street other than a collector street, major street, or freeway providing direct access to abutting property and serving local as distinguished from through traffic.

   "Street side-yard setback." See "Setback."

   "Structural alterations" means any change of the supporting members of a building or structure such as bearing walls, columns, beams, or girders.

   "Structure" means anything constructed or erected that requires location on the ground or attached to something having location on the ground, including accessory buildings, signs and billboards, antennas and accessory antennas, swimming pools, paved surfaces, and solar panels, but not including fences or walls used as fences.

   "Subdivision" means a subdivision as defined by the Subdivision Map Act.

   "Subdivision Map Act" means the Subdivision Map Act of the state of California, California Government Code section 66410 et seq., inclusive.

   "Subdivision review committee" means a committee comprised of the director of utilities, the director of public works, and the planning director.

   "Superstore" means a retail store with more than 90,000 gross square feet of floor area and more than 10% gross floor area devoted to the sale of non-taxable merchandise. Notwithstanding the foregoing, the term "superstore" shall exclude wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic assessment or fee.

   "Supportive housing" means either:

      1.   Supportive housing occupied by the target population, as those terms are defined in California Government Code section 65582; or

      2.   Supportive housing occupied by the target population, as those terms are defined in California Government Code section 65650.

   Supportive housing is a "dwelling" in the individual zone chapters. Supportive housing occupied by the target population as defined in California Government Code section 65582 is subject only to those restrictions that apply to other dwellings of the same type in the individual zone chapters. Supportive housing occupied by the target population as defined in California Government Code section 65650 is eligible for streamlined ministerial approval under chapter 17.880 in zones where multifamily and mixed uses are permitted if the proposed housing development satisfies the requirements of California Government Code section 65651, subdivision (a).

   "Surface mining operation" and related definitions:

      1.   "Exploration or prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

      2.   "Mined lands" includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

      3.   "Minerals" includes any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

      4.   "Overburden" means soil, rock, or other minerals that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

      5.   "Reclamation" means the combined 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.

      6.   "Surface mining operation" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operation includes:

         a.   In place distillation or retorting or leaching;

         b.   The production and disposal of mining waste; and

         c.   Prospecting and exploratory activities.

"Survey." See "Historic preservation" related definitions, for the definition of this term as it relates to historic preservation and the review of a development project involving a landmark or a contributing resource. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Tasting room, off-site." See "Bar; nightclub."

   "Tasting room, on-site" means an establishment where malt beverages or wine produced on the premises are served to the public for on-site consumption; also may include off-sales of malt beverages or wine produced on the premises.

   "Telecommunications facility." See "Antenna; telecommunications facility" and related definitions.

   "Telecommunications tower." See "Antenna; telecommunications facility" and related definitions.

   "Temporary residential shelter" means a facility that provides short-term, congregate or non-congregate, temporary housing to individuals or families for free or substantially below cost. Tenancies at such facilities generally do not exceed 60 days, although individuals or families may sometimes stay longer before obtaining long-term, transitional, or permanent housing. Related services that may be provided on-site include health care, mental health services, counseling, case management, permanent housing assistance programs, job training, day centers for individual adults, meal service facilities, child day care, and day centers for families. See "Family care facility" for a facility serving six or fewer individuals. Temporary residential shelter is also known as emergency shelter. Temporary residential shelter does not include supportive housing, transitional housing, or emergency shelters established in the wake of disaster, such as shelters provided by the American Red Cross or the federal or state government.

   "Tentative map" means a map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it, including a tentative map prepared in connection with a parcel map pursuant to the provisions of chapter 17.836. A tentative map does not need to be based upon an accurate or detailed final survey of the property.

   "Tentative map design deviation" means a modification to subdivision requirements or standards, as permitted in section 17.842.010.B, prior to the approval of the tentative map.

   "Terminal yard, trucking" means a major truck assemblage station and maintenance and repair facility, as at a terminus where trucks originate or terminate, or at which they are distributed or combined.

   "Theater" means a structure used for the performing arts such as dramatic, dance, musical, or other live performances.

   "Through lot." See "Lot."

   "Tobacco paraphernalia" has the same meaning as in section 5.138.030.

   "Tobacco product" has the same meaning as in section 5.138.030.

   "Tobacco retailer" has the same meaning as in section 5.138.030.

   "Tobacco retailing" has the same meaning as in section 5.138.030.

   "Towing service; vehicle storage yard" means the business of towing motor vehicles for compensation in the city by means of a tow car. A towing service includes the dispatching of tow cars and the reception of tow car dispatches. Facilities include an area used for the temporary storage of towed vehicles by a towing service operator pending the return of the vehicle to its owner. A towing service operated as an incidental service in conjunction with an auto-sales, storage, rental use; an auto-service, repair use; or a gas station use is not included in this definition. See also "Tow car."

   "Tow car" means a motor vehicle altered or designed and equipped for, and primarily used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line, dolly, or any combination thereof. Tow car does not include an "auto dismantler's tow vehicle" as defined in Vehicle Code section 615(c).

   "Tractor or heavy truck sales, storage, rental" means an establishment primarily engaged in the sale, long term storage, or rental or leasing of tractor or heavy trucks.

   "Tractor or heavy truck service, repair" means an establishment for the service and repair of tractors or heavy trucks, but does not include storage of wrecked vehicles.

   "Transfer facility or station." See "Hazardous waste facility" and related definitions.

   "Transit vehicle-service, repair, storage" means a facility providing any and all types of general or specialized maintenance services or storage areas for buses and other transit vehicles of a transit company or district, public or private, providing transportation services primarily for people, but which may transport freight as an incidental service.

   "Transitional housing" has the same meaning as in California Government Code section 65582. Transitional housing is a "dwelling" in the individual zone chapters. Transitional housing is subject only to those restrictions that apply to other dwellings of the same type in the individual zone chapters.

   "Transportation systems management (TSM)" means measures to better utilize existing transportation facilities and services and promote alternative commute modes. See chapter 17.700 in this title for more information.

   "Treatment, treatment facility." See "Hazardous waste facility" and related definitions.

   "Tutoring center" means a facility that provides assistance and instruction to students enrolled in schools. The assistance and instruction offered at the tutoring center does not result in the confirmation of a degree. (Ord. 2024-0054 § 7; Ord. 2024-0017 § 9; Ord. 2019-0027 § 2; Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "University." See "College."

   "Urban agriculture" means the production of food in a form and scale that is appropriate for the urban context and includes market garden; community garden, public; community garden, private; private garden; aquaculture; and urban beekeeping.

   "Urban agriculture stand" means a temporary produce stand that is accessory to an urban agriculture use.

   "Urban beekeeping" means having or ranching no more than two beehives on a single parcel of property.

   "Urban level of flood protection" means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the California Department of Water Resources. "Urban level of flood protection" shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national FEMA standard of flood protection. (Ord. 2024-0017 § 10; Ord. 2021-0024 § 5; Ord. 2017-0009 § 6; Ord. 2016-0045 § 4; Ord. 2016-0012 § 4; Ord. 2015-0005 § 9; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Variance" means a limited waiver or modification of a requirement contained in this title and is intended to be applied in situations where the strict application of the requirement to a proposed development will result in practical difficulty or unnecessary hardship for the owner due to unusual physical characteristics of the subject parcel. A variance is a discretionary permit and is not the automatic right of any applicant.

   "Veterinarian clinic; veterinary hospital" means an establishment used for the care and treatment of small domestic animals including dogs, cats, bird, and similar animals, with all operations being conducted wholly within a building.

   "Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. "Volatile solvent" does not include ethanol when used in a manner that will not create explosive or ignitable mixtures, as approved by the fire chief or designee. (Ord. 2017-0059 § 4; Ord. 2017-0028 § 3; Ord. 2017-0009 § 6; Ord. 2016-0045 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Warehouse; distribution center" means a building used primarily for the long-term or short-term storage of goods and materials awaiting transportation or distribution, and not generally accessible to the general public. Incidental storage, repair, and maintenance of trucks associated with the distribution of goods from the warehouse are allowed.

   "Watchperson's quarters" means one dwelling unit used as the living quarters for a watchperson of property used for non-residential purposes.

   "Water supply" means sufficient water and distribution facilities as are necessary for appropriate residential, commercial, and industrial use and for public and private fire protection purposes.

   "Well-gas or oil" means the drilling, extraction, and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing, or manufacturing.

   "Wholesale store" means an establishment or place of business primarily engaged in the following:

      1.   Selling merchandise to retailers; to industrial, commercial, institutional, or professional business users;

      2.   Selling to other wholesalers; or

      3.   Acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Lumber, plywood, and mill work yards, such as building materials establishments, are generally classified as wholesale unless the primary operation is selling directly to the general public as opposed to builders and contractors. In such case, they are considered retail stores. Regulation of this use varies, depending on distance from a light rail station and the size of the building. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

(Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Yard" means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

      1.   "Front yard" means a yard extending across the full width of the lot, the depth of which is the distance between the front lot line and the main wall of the building.

      2.   "Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line, the depth of which is measured from the nearest point of a main building to the nearest part of the rear lot line.

      3.   "Side yard" means a yard between a main building and side lot line, extending from the front yard to the rear yard, the width of which is measured from the nearest point of the side lot line to the nearest part of main building.

         a.   "Interior side yard" means any side yard that is not a street side yard.

         b.   "Street side yard" means a side yard that is immediately contiguous to a public street or a private street serving a purpose similar to a public street. A side yard adjacent to an alley is not a street side yard. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   "Zone" means a specifically delineated area in the city within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings. This term is synonymous with "zoning district."

   "Zoning administrator" means the individual designated by the planning director under section 17.100.040 to carry out the functions of the zoning administrator under this code. (Ord. 2017-0009 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   In addition to any other remedy allowed by law, any person who violates any provision of this title, or any condition of approval of a site plan and design review, conditional use permit, variance, tentative map, or other permit approved under this title, is subject to criminal sanctions, civil actions, and administrative penalties under chapter 1.28.

   B.   Violations of any provision of this title, or of any condition of approval of a site plan and design review, conditional use permit, variance, tentative map or other permit approved under this title, are a public nuisance.

   C.   Any person who violates any provision of this title, or any condition of approval of a site plan and design review, conditional use permit, variance, tentative map or other permit approved under this title, is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

   D.   The remedies prescribed under this chapter are cumulative, and the election of one or more remedies shall not bar the city from pursuing any other remedy for the purpose of enforcing this title.

   E.   The city attorney, in the name of and on behalf of the city and the people of the state, may bring a civil action in a court of competent jurisdiction to enforce any provision of this title, or any condition of approval of a site plan and design review, conditional use permit, variance, tentative map, or other permit approved under this title, or to restrain or abate any violation of the provisions of this title or any condition of approval of a site plan and design review, conditional use permit, variance, or other permit approved under this title as a public nuisance. (Ord. 2017-0009 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Applications for certificates of compliance shall be filed with the director of public works, who shall be responsible for their issuance and recordation. The form of the application and requirements for a certificate of compliance shall be prescribed by the director of public works. A nonrefundable fee in the amount established by resolution of the city council for each lot or parcel for which a certificate is sought shall accompany the application. (Ord. 2017-0009 § 8)

   A.   The city shall not issue any certificate or permit, or grant any approval necessary to develop any real property within the city that has been divided, or that resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title if it finds that the development of the real property is contrary to the public health or the public safety.

   B.   Whenever the city has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, the director of public works shall file the notices required by California Government Code section 66499.36 and follow the procedures in that section. (Ord. 2017-0009 § 9)