Abutting. See “Adjacent.”

Access Drive. See Section 17.26.020, Definitions.

Accessory Dwelling Unit (ADU). See Section 17.22.030, Accessory dwelling units.

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Accessory use” means a use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lot as a primary use.

“Accessory use, commercial” means any customarily incidental and clearly subordinate element of a commercial business operation that: (1) is compatible with the purpose(s) for which the zoning district was established; and (2) is not listed as a prohibited use in that district. Customarily incidental uses are those commonly found with other, similar primary uses; for example: greeting cards are commonly found in pharmacies. Clearly subordinate uses shall encompass no more than fifteen percent (15%) of the business floor area and shall generate no more than fifteen percent (15%) of the gross revenue receipts. A business may have more than one accessory use, but each accessory use must comply with the limitations on floor area space and gross receipts, and the total combined area shall not exceed thirty percent (30%) of the business floor area and the total combined revenue from the accessory uses shall not exceed thirty percent (30%) of the gross receipts.

“ADA” means the Americans with Disabilities Act, as amended.

“Addition” means a building, structure, or floor area added to the original structure at some time after the completion of the original structure.

“Adjacent” means directly adjoining, having a common boundary or property line, or contiguous to.

“Affordable housing” means housing for which “affordable rent” or an “affordable sales price” is required to be charged.

“Affordable housing agreement” means a legally binding agreement between an applicant and the city, in a form and substance satisfactory to the city manager and city attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this title are, and will continue to be, satisfied.

“Affordable housing cost” means the housing cost for for-sale inclusionary units as defined by California Health and Safety Code Section 50052.5 for owner-occupied housing, as applicable to the moderate-income households.

“Affordable rent” means the affordable rent for rental dwelling units as defined in California Health and Safety Code Section 50053.

“Affordable sales price” means the maximum sales price for which a for-sale inclusionary unit may be sold, that will result in the purchaser paying an affordable housing cost for the for-sale inclusionary unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the city from time to time.

“Affordable unit” means dwelling units which are required to be rented at affordable rents or purchased at an affordable sales price to specified households.

“Agency” means an office or commercial establishment in which goods, materials or equipment is received for servicing, treatment or processing elsewhere.

“Agent” means any authorized person acting for the property owner or applicant.

Agricultural Employee. As defined in California Labor Code Section 1140.4, an “agricultural employee” is one engaged in agriculture, as such term is defined in subdivision (a). However, nothing in this subdivision shall be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code), and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code).

“Alteration” means any change, addition or modification in construction.

“Amendment” means a revision, addition, or deletion in the wording of this title, or the general plan; or a change in the zone classification or zoning district boundary upon the zoning map, or a change in the land use designation upon the general plan map.

“Annexation” means the addition of parcels into the city with a resulting change in the boundaries of the city.

“Annual household income” means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

Apartment. See “Multifamily dwelling” in Chapter 17.33, Definitions of Uses.

“Apiary” means a place where one or more honeybee colonies are kept.

“Applicant” means any person, firm, partnership, association, joint venture, corporation or any entity, combination of entities or consortium who seek approval of a city permit, license or other entitlement for use of property. Also includes an authorized agent of any of the above.

Application, Complete. An application shall be deemed complete when it contains all maps, drawings and other information requested by the community development department and, where necessary, an environmental assessment.

“Arbor” means a shade-providing structure with a roof and perhaps sides formed by trees or climbing plants trained over a framework.

“Area median income” means the annual median household income for Napa County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

“Attic” means a room or space immediately below the roof of a building that is not habitable and is utilized only for storage.

“Awning” means a roof-like cover that projects from the wall of a building, shielding a doorway or window from the elements.

“Balcony” means an open platform, enclosed by a parapet or railing and projecting from an exterior wall of a building.

“Basement” means any floor level below the first story in a building in which the finished floor level directly above is less than four feet above finished grade on all sides. See Section 17.34.030, Measuring height.

“Bedroom” means any habitable room with no less than seventy (70) square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryway without doors, no windows open to the exterior, etc.), any den, study or other room meeting the above definition of a bedroom shall be considered a bedroom for the purpose of meeting the regulations and standards of the code.

“Beehive” means a series of rectangular boxes stacked one on top of the other, which house a colony. Standard dimensions of these boxes are twenty (20) by sixteen and one-half (16.5) by nine and one-half inches.

“Block” means the collection of assessor’s parcels that share the same block number on the Napa County assessor’s map.

“Building” means a structure intended for any use or occupancy with substantial walls and roof.

“Building area” or “building site” means the portion of a lot where the principal building can be located. Excludes the setbacks required by the zoning district.

“Building face” or “building facade” means the outer surface of the main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces or facades.

“Building permit” means a permit issued pursuant to Chapter 15.04.

“Building, principal” or “building, primary” means a building in which the principal use of the lot is conducted.

“Bulk storage” means the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.

“CalGreen” means California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

“Canopy” means a structural, ornamental roof-like appendage, attached to a building or that may be freestanding, including roof overhangs, but excluding awnings or metallic hoods.

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and open on one or more sides.

Center Line. See “Street, center line of.”

“Certificate of occupancy” means the permit issued by the community development department authorizing the initial occupancy of a residential unit or a nonresidential use, including a temporary certificate of occupancy.

“Chief building official” means the chief building official of the city of St. Helena, or designee, charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by the St. Helena Municipal Code.

“City” means the city of St. Helena.

“City council” means the council of the city of St. Helena.

“City engineer” means the director of the city engineering department of the city of St. Helena, or designee.

“Common usable open space” means land within or related to a development, not individually owned or dedicated for public use, which is designated and intended for the common use or enjoyment of the residents of the development. May be located on the ground, roof, deck or porch which is designed and used for outdoor living or recreation and may include such complementary structures and improvements as are necessary.

“Community development director” means the director of the community development department of the city of St. Helena, or designee.

Concession or Incentive. As defined in California Government Code Section 65915, a “concession” or “incentive” means any of the following:

“Conditional use” means a use, structure or other development for which a conditional use permit is required.

“Conditional use permit” means a discretionary permit which may be granted by the appropriate city authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a discretionary review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.020, Conditional use permit (CUP).

Condominium Project. As defined in Section 1351(f) of the California Civil Code, a “condominium project” means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

“Construction costs” means the estimated cost per square foot of construction, as established by the building department for use in the setting of regulatory fees and building permits, multiplied by the total square footage, minus the garage floor area, to be constructed.

“Construction work” means any work for which a building permit is required, and also includes grading, landscaping and the erection, installation, or painting of signs or public art.

“Conversion” means conversion of an existing residential building to a nonresidential use, excluding home occupations as defined in Chapter 17.33, Definitions of Uses, or three thousand (3,000) square feet of floor area or more of a nonresidential building from one use category to another.

“Cooperative” means a form of multiple ownership of real estate in which a corporation or business trust entity holds title to a property and grants occupancy rights to particular units to shareholders by means of proprietary leases or similar arrangements.

“Cottage food products” means non-potentially hazardous foods, including foods that are limited to and described in California Health and Safety Code Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.

“Cupola” means a small, usually domed structure surmounting a roof for decorative purposes only. It does not contain flooring nor does it serve as a story.

“Decibel (dB)” means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base of ten (10) of the ratios of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

“Deck” means a platform requiring ground supports usually extending from the main wall of the structure and used as exterior floor space.

“Deed restriction” means a restriction on the use of land set forth in the deed.

“Demolition” means the intentional removal of all or part of a building or structure when a building or structure is a designated historic landmark or located in a designated historic district. In all other areas of the city “demolition” means the intentional destruction and removal of fifty percent (50%) or more of the enclosing finished floor exterior walls of any building or structure. The percentage of this definition is determined using linear feet of finished floor.

Density. See “Residential density.”

“Density bonus,” except as applied to a condominium project or a senior housing development, means a density increase of at least twenty percent (20%) unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the general plan. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.29.040, Application. For each one percent increase above ten percent (10%) in the percentage of units affordable to lower-income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent (35%). For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-six percent (36%). All density calculations resulting in fractional units shall be rounded up to the next whole number.

“Density bonus, condominium project,” for a condominium project in which at least ten percent (10%) of total units are reserved for moderate-income households, is a density increase of at least five percent, unless a lesser percentage is elected by the developer, over the otherwise maximum allowable residential density for the site under the applicable zoning district and land use element of the general plan.

“Density bonus, senior housing development,” for a senior housing development, as defined in Sections 51.3 and 51.12 of the California Civil Code or any successor statutes, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Section 798.76 or 799.5 or any successor statutes, shall be twenty percent (20%) of the number of senior housing units, unless a lesser percentage is elected by the developer.

“Density bonus units” means dwelling units approved in a residential development pursuant to California Government Code Section 65915 et seq., and Chapter 17.29, Density Bonus, that are in excess of the maximum residential density otherwise permitted by the city’s general plan or this title, and any applicable specific plan.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

“Development project” means any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction, use or operation whether or not the permit or approval is ministerial or discretionary in nature.

“Discretionary permit” means any permit or license issued by the city for a project which requires the exercise of judgment or deliberation wherein the city decides to either approve or disapprove a particular activity in accordance with applicable laws, including but not limited to use permits, and the approval or modification of tentative, or tentative parcel, maps pursuant to Title 16, Subdivisions.

“District,” “zoning district,” or “zone” means a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

Drive-Through Use. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods including food, or be entertained while remaining in their motor vehicles is a “drive-through use.”

Driveway, Residential. See Section 17.26.020, Definitions.

“Duplex” means a two-family dwelling designed or used exclusively as a residence. Includes two separate but attached dwelling units. Also known as a two-unit project.

“Dwelling, attached” means a single-family dwelling attached to one or more single-family dwellings by a common vertical wall.

“Dwelling, detached” means a single-family dwelling which is not attached to any other dwelling by any means.

“Dwelling unit” means a building or portion of a building including one or more rooms which is designed or used as a residence for one family or housekeeping unit with facilities for living, sleeping, cooking and dining.

“Easement” means a limited right of one person or class of persons to use real property owned or occupied by another, which right is described specifically as to location and entitlement to use.

“Eave” means the projecting lower edges of a roof overhanging the wall of a building.

“Effective date” means the date upon which this zoning code is in full force and effect from and after its adoption by the city council.

“Eligible household” means any household or applicant which the community development department has determined meets the eligibility standards for affordable housing pursuant to the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

“Employee” means each person engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.

“Enlargement” means an increase in the size of an existing building or structure or an increase in the physical area occupied by the use of land.

“Erect” means to construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing, is not included in this definition.

“Erosion, soil” means the detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity.

“Family” means one or more persons living together as a single housekeeping unit in a dwelling unit.

Farmworker. See “Agricultural employee.”

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors.

“Fence” means a barrier enclosing or defining an area, as separating or screening areas, usually made of posts and wires or wood and including walls or like structures.

“Final inspection” means an inspection performed by the building division of the community development department to verify completion of the project per approved plans; a precondition to occupancy.

“Finance director” means the director of the finance department of the city of St. Helena, or designee.

“Fire chief or official” means the chief of the St. Helena fire department, or designee.

“Flag lot” means a lot in which the buildable portion of the lot is connected to and accessible from a public or private right-of-way by a narrow strip of land. The wider, buildable portion of the lot is situated behind adjoining lots which front on the same public or private street. Also known as a “panhandle lot.”

“Flea market” means an occasional or periodic selling of goods held in an open area or structure where groups of individual sellers offer new and used goods for sale to the public.

“Floor area” means the sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. See also Section 17.34.050, Measuring floor area and floor area ratio.

“Floor area ratio (FAR)” means the ratio of building gross floor area divided by net parcel area. For example, one building or a group of buildings with a total of twenty thousand (20,000) square feet of floor area on a forty thousand (40,000) square foot lot would translate to a 0.50 FAR.

“For sale” means any dwelling unit, including but not limited to a condominium, townhome, other attached or detached single-family dwelling unit, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.).

“Frontage, building” means the lineal dimension, parallel to the ground, of a building directly facing a right-of-way.

“Garage” means an accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

“General plan” means the general plan of the city of St. Helena. This is a comprehensive, long-term plan for the orderly physical development of the land and the preservation of open space in the city according to California Government Code Section 653009 et seq. The plan is an integrated, internally consistent and compatible statement of land use policies, consisting of maps and texts stating principles, standards, proposals, and objectives contained in the area plans, required elements, or other permitted elements.

“Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.

Grade. See “Slope.”

“Grade, average” means the average of the finished ground level (i.e., finished grade) at the outermost corners of a building or building segments of stepped or terraced buildings.

“Grade, finished” means the elevation of the ground surface in its final state, after manmade alterations.

“Grade, natural” means the elevation of the undisturbed natural surface of the ground adjoining a building or structure as determined by the site grading plan.

“Gross floor area” means the total horizontal area in square feet of each floor within the exterior walls of all buildings on a parcel, as measured at the exterior face of the enclosing walls, and excluding basements.

“Guest house” means an accessory building or portion of an accessory building, used for living quarters, which is clearly subordinate and incidental to the principal building(s) on the same lot, without facilities for cooking, and which is not separately rented, let or leased for direct or indirect compensation.

“Guest room” means any room or rooms used or intended to be used by a guest for sleeping purposes in a principal or detached accessory building, but without kitchen or cooking facilities.

“Habitable” means meeting the requirements of the California Administrative Code, Title 24, including, but not limited to, insulation, heating, ventilation, and lighting (in relation to building construction).

“Hardscape area” means all exterior surfaces such as walkways, pools and pool decks, driveways, at-grade patios, or tennis courts that are constructed with nonporous materials such as asphalt or concrete.

“Height” means the vertical distance from a point on the ground below a structure to a point directly above. See Section 17.34.030, Measuring height.

“Helipad” means a landing area for helicopters on public or private lands or buildings, for the picking up and discharging of passengers or freight.

“Honeybee colony” means a cluster of worker bees with a queen and drones.

“Household” means one person living alone or two or more persons sharing residency.

“Household pets” means small animals of the type generally accepted as pets, including dogs, cats, rabbits, domesticated pigs, pigeons, hens, and the like; but not including roosters, quacking ducks, geese, pea fowl, goats, hogs, apiaries, or the presence of animals for commercial purposes.

“Housing Authority” means the Napa Valley Housing Authority.

“Housing costs” means the monthly mortgage principal and interest, property taxes, association fees, and required homeowner’s insurance, for ownership units and the monthly rent for rental units.

“Housing impact fee” means the fee established pursuant to Section 17.30.020, Housing impact fees, for nonresidential development projects.

“Housing in-lieu fee” means the fee established pursuant to Section 17.30.030, Inclusionary housing requirements, for residential development projects.

Housing Unit. See “Dwelling unit.”

“Hydrozone” means a portion of the landscaped area having plants with similar water needs.

“Inclusionary housing fund” means the city of St. Helena affordable housing trust fund established pursuant to Section 17.30.050, Administration and enforcement of affordable housing program, and designated by the city to maintain and account for all funds received pursuant to this title, including but not limited to all in-lieu fees.

“Inclusionary housing plan” means a plan containing all the information specified in and submitted in conformance with Section 17.30.040, Inclusionary housing compliance procedures, specifying the manner in which inclusionary units will be provided in conformance with this title.

“Inclusionary unit” means a dwelling unit that is designated to meet the requirements set forth in this code, and that must be made available at an affordable housing cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit.

Junior Accessory Dwelling Unit (JADU). See Section 17.22.030(C).

“Kitchen” means an area within any structure, including, but not limited to, dwelling units, equipped to allow the storage, cooking, refrigeration of food and/or intended for the preparation of food.

“Land disturbance” means any activity involving the clearing, cutting, excavating, filling or grading of land or any other activity which alters land topography or vegetative cover.

“Landscaping” means the use of land for permanent, planned planting with, for example, shrubs, trees, or ground cover plants.

“Light fixture, fully shielded” means a light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

“Light fixture, partially shielded” means a light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as “honey” or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded.

“Livestock” means all domesticated horses, mules, donkeys, cows, pigs, sheep, goats and similar species.

“Living quarters” means an accessory structure without kitchen facilities designed and used exclusively by persons and families employed on the premises.

“Loft” means a floor space directly beneath the roof of a structure raised above the main floor. See Section 17.34.030, Measuring height.

“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with Napa County, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

“Lot area” means the gross area of the lot, measured horizontally between lot lines and including any public or private easements contained within the lot lines. See Section 17.34.040, Measuring lots.

“Lot coverage” means the land area covered by all buildings or structures on a lot, including all projections excluding eaves, and except as provided in Section 17.34.060, Measuring lot coverage.

“Lot depth” means the horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.34.040, Measuring lots.

“Lot line” means the property line bounding the lot.

“Lot, substandard” means any lot in any district with less than the minimum dimensions or area for the district in which it is located, unless the reduction is specifically authorized under the provisions of this title.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See also Section 17.34.040, Measuring lots. When not applicable due to irregularity of lot shape, lot width shall be determined by the community development director, subject to appeal and review by the planning commission.

“Low-income household” means a household whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time for Napa County pursuant to Section 8 of the United States Housing Act of 1937. The income limit for low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

“Low-income unit” means a dwelling unit that is required to be sold or rented to a low-income household at an affordable sales price or an affordable rent, as applicable.

“Lower-income households” means as defined by Section 50079.5 of the California Health and Safety Code.

“Lumen” means the unit used to measure the actual amount of light which is produced by a lamp.

“Manufactured housing” means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site, in accordance with regulations adopted by the Commission of Housing and Community Development of the state of California pursuant to California Health and Safety Code Section 19990 et seq.

“Manufacturing” means the establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

“Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit.

“Marquee” means a structural flat roof structure attached to and supported by a building and projecting over public property.

“Median income” means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the United States Department of Housing and Urban Development.

“Minor use permit” means an administrative permit which may be granted by the appropriate city authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of an administrative review process and, where necessary, the imposition of special conditions of approval. See Section 17.05.090, Minor use permit.

“Mixed-use development” means the development of a tract of land or building or structure with two or more different uses with a residential use such as, but not limited to, office, manufacturing, retail, public or entertainment, in a compact, integrated urban form. Uses can be arranged vertically in one building, or horizontally in one building or separate buildings.

“Mobile home lot,” as defined by Section 18210 of the California Health and Safety Code, means any area or tract of land or portion of a mobile home park designated or used for the occupancy of one manufactured home, mobile home, or recreational vehicle.

“Mobile home park,” as defined in Section 18214 of the California Health and Safety Code, means an area of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes.

“Mobile home space” means a plot of ground within a mobile home park abutting one or more access drives, designed for the accommodation of one mobile home.

“Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also shall mean the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

“Mobile vending unit” means a readily movable food service establishment such as a push cart, van, trailer, or a temporary/movable structure approved for mobile food vending by Napa County. It provides space for limited storage, handling, and/or dispensing of foods or other goods.

“Modal shift” means a change from one mode of transport to another mode of transport.

Moderate-Income Household. See definition for “persons and families of low or moderate-income” as set forth in California Health and Safety Code Section 50093. The income limit for moderate-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

“Moderate-income unit” means a dwelling unit that is required to be sold or rented to a moderate-income household, or a low-income unit that is able to qualify to rent or purchase the moderate-income unit.

“Monthly owner-occupied housing payment” means the sum equal to the principal, interest, property taxes, homeowner’s insurance and homeowner’s association dues paid on an annual basis divided by twelve (12).

“Motor vehicle” means any automobile, truck, or motorcycle.

“Muntin” means a strip of wood or metal used to separate panes of glass within a window.

“Neighborhood” means an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or social clubs, or boundaries defined by physical barriers such as major highways and railroads or natural features such as rivers. Where none of the conditions or characteristics described above apply a neighborhood is assumed to be the area within a radius of approximately one-half mile of a specified site.

“Net parcel area” means the total horizontal area included within the property lines of a parcel, excluding area within vehicular rights-of-way and vehicular easements.

“Nightclub” means a commercial establishment which serves alcoholic beverages for on-site consumption and which provides entertainment, whether live or mechanical, as its principal use or as an adjunct use to another use; provided, however, that no such commercial establishment shall be considered a nightclub unless dancing by patrons occurs.

“Nonconforming lot” means a legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

“Nonconforming structure” means a building or structure which was lawfully erected prior to the adoption of this title, but which, under this title, does not conform to the standards of coverage, yards, setbacks, height of buildings or structures, or distances between buildings or structures prescribed in the regulations for the district in which the building or structure is located.

“Nonconforming use” means a use of a structure or land, which was lawfully established and maintained prior to the adoption of this title, but which, under this title, does not conform with the use regulations for the district in which it is located.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. A change of occupancy is not intended to include change of tenants or proprietors without an accompanying change of use.

“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.

“Open storage” means the keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time.

“Overhang” means the part of a roof (see “eave”) or wall which extends beyond the facade of a lower wall. It can also mean that portion of a vehicle extending beyond the wheel stops or curb.

“Owner” means a person, persons or corporation holding fee title to property within the city as shown on the most recent assessor’s roll in the county of Napa.

“Parcel” means a lot or tract of land. “Parcel” or “assessor’s parcel” is also a term for a unit of land created and assigned a number by the Napa County assessor. Since assessor’s parcels are established for assessment purposes only, they are not necessarily lots of record.

“Parking area” means an area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the storage of operable motor vehicles for a period of seventy-two (72) hours or less.

“Perimeter” means the boundaries or borders of a lot or lots if developed as a unit.

“Persons” means individual persons and any form of organization, including but not limited to sole proprietorships, partnerships, corporations, trusts and any other form of commercial or noncommercial enterprise; “person” applies to any person who is the owner, lessee, sublessee, or manager of premises, to any other person who is in possession of or in charge of premises, and to any person who has management or supervisory authority or responsibility to direct construction work or any other activity or use taking place on premises.

“Planned development” means an area developed according to an approved planned development permit with unique development standards pursuant to the PD zoning overlay established for the development.

“Planning commission” means the planning commission of the city of St. Helena.

“Porch” means a roofed approach to a doorway usually extending from the exterior wall of the structure and requiring ground supports.

“Pre-Prohibition winery” means a building that was used as a winery prior to Prohibition but has since been abandoned from use as a winery. For purposes of this section, Prohibition took effect on January 16, 1920. Also referred to as a “ghost winery.”

“Private wine marketing event” means a marketing event which is hosted by a small winery owner/operator for members of the wine trade.

“Processing” means the preparation of materials for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

“Processing fee” means the charges for staff time, transmission and communication costs, including but not limited to charges for postage, telephone, fax, transportation, etc., as well as the costs of production or reproduction of materials, exhibits, etc., used in the investigation, processing, inspection or review of development projects or the enforcement of regulations and conditions to development projects. Also referred to as “processing costs.”

“Public” means a building or land use open to the public, whether free or on a fee basis.

“Public hearing” means a meeting noticed as required by this title in which testimony and arguments are presented publicly before any of the city’s hearing bodies, including the planning commission and city council.

“Public recreation” means any recreational use that is not private.

“Public works director” means the director of the public works department of the city of St. Helena, or designee.

“Publicly owned” means land or a building owned or operated by a governmental or other public agency.

“Pump island” means a facility, generally a raised concrete apron, designed primarily to hold motor vehicle fuel dispensing devices, and separated from other pump islands by sufficient space for the maneuvering of an automobile.

Qualifying Resident. As defined in Section 51.3 of the California Civil Code, a “qualifying resident” or “senior citizen” means a person sixty-two (62) years of age or older, or fifty-five (55) years of age or older in a senior citizen housing development.

“Reconstruction” means the repair or renewal of any part of an existing structure for the purpose of work necessary due to damage in same footprint where rebuilding structure.

“Recreational trailer” means any camping trailer and any trailer designed for transporting boats, airplanes, motorcycles, horses or other livestock which horses or livestock are intended solely for recreational use, tents, and any other recreational equipment.

Recreational Vehicle. As defined in California Government Code Section 18010, “recreational vehicle” means both of the following:

“Rehabilitation” means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

“Rental” means a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.).

“Resale restriction agreement” means a legally binding agreement between the city and the purchaser of a for-sale inclusionary unit, in a form as approved by the city attorney, which requires that the inclusionary unit to be occupied by the purchaser for the term of the agreement or sold to another moderate-income household at an affordable sales price.

“Residential condominium project” means a community apartment project, a condominium, a condominium project, a stock cooperative or a planned development as those terms are defined by California Civil Code and California Business and Professions Code. A “residential condominium project” does not mean or include:

“Residential density” or “density” means a computation expressing number of dwelling units per acre, based on the gross lot area prior to the dedication of any rights-of-way, public parks or other public areas. Primary and accessory units are included in the calculation of residential density.

“Residential development” means any development project for which an application for any ministerial or discretionary permit has been submitted to the city and where the development would create new or additional dwelling units by the construction or alteration of structures, the conversion of a use to residential from any other use, or the conversion of a use to for-sale residential from rental residential use.

“Reverse vending machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. A bulk reverse vending machine is a type of reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

“Review authority” means the body or entity responsible for making decisions on applications.

Rezoning or Reclassification. See “Amendment.”

“Right-of-way” means an area of land acquired by reservation, dedication, prescription or condemnation and is intended to be occupied or is occupied by a street, road or other similar public utility or use. The right-of-way generally includes the area behind the curb (i.e., planting strip, sidewalk and sometimes the area behind the sidewalk).

“Riparian” means land and vegetation which is located adjacent to a natural or manmade water course or body of water.

“Roof” means the outside top covering of a building.

“Run with the land” means a covenant, restriction, permit, or entitlement to the use of the land contained in a deed or other recorded instrument which is binding on the present and future owners of the property.

“Screening” means a method of visually shielding or obscuring one abutting or nearby structure or use from another or from the public right-of-way by fencing, walls, berms or densely planted vegetation.

“Section 8 of the Housing and Urban Development Act of 1965” means a federal rent subsidy program (or its successors) in which eligible, very low-income and low-income households receive financial assistance to rent housing units.

“Service station” means a parcel of land, or any portion of a parcel of land, developed exclusively for the purpose of, and with facilities for, the sale of motor vehicle fuels; and which may also provide lubricants, tires, batteries, accessory items and other customary services for motor vehicles, the delivery of which is made directly to the vehicle. The servicing of motor vehicles shall be generally limited to lubrication, nonmechanical washing, the replacement of spark plugs, lamps, fan belts and batteries, the repair or replacement of tires and tubes; and minor motor vehicle repair.

“Setback” means the distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this title.

“Shopping center” means a type of integrated commercial center specifically designed for occupancy or occupied by a minimum of five separate uses devoted predominantly to retail and personal service activities which are characterized by common parking, access, function and appearance. Shopping centers may also include other nonretail uses (i.e., restaurants, real estate offices, travel agencies, law offices, etc.) when permitted by district regulations. Also referred to as “integrated commercial center.”

“Single housekeeping unit” means a dwelling unit in which the residents of the dwelling unit satisfy the following criteria:

“Slope” means the degree of deviation of a surface from the horizontal, usually expressed as a percentage, degrees, or a ratio. Slope is referenced or measured in the following ways:

“Small lot development” means residential development on lots which are smaller than the minimum lot size of the zoning district, including but not limited to those specifically designed to accommodate bungalow court developments, garden court development, and zero lot line dwellings (single-family dwellings attached at a common wall located on a side lot line) and meeting the standards of Section 17.16.030, Development standards, and Section 17.16.040, Design standards.

“Specific plans” are planning documents that guide the development of a particular geographic area within the city. They are separate from, but must be consistent with, a jurisdiction’s adopted general plan. Specific plans implement the general plan by providing a special set of planning policies and development standards. Refer also to the provisions of California Government Code Section 65450 et seq.

“Stable, private” means any building, barn, corral, or paddock used or designed to shelter or keep livestock.

“Stable, public or riding” means an establishment where livestock is kept, boarded, groomed or trained, rented for riding, or bred for profit.

“Staff” means the employees, agents, contractors, and consultants of the city.

“Step-back” is a term used to describe an upper-story portion of a building facade that is closer to the interior of a property than the portion of the facade immediately below.

“Storage” means the placement of material objects on a site for any period in excess of seven consecutive days or the parking of a vehicle in the same approximate location for a period of seventy-two (72) hours or more.

“Story” means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. See Section 17.34.030, Measuring height.

“Story, half” means a partial story under a gable, hip or gambrel roof, of which the wall plates of two opposite exterior walls are not more than four feet above the floor.

“Street, center line of” means the line drawn at points midway between the face of curbs of an improved street; or as determined by the city engineer, in the case of unimproved or partially improved streets.

“Street, private” means a right-of-way or easement, approved by the city council, in private ownership, not dedicated or maintained as a public street, and not an alley, and which affords the principal means of access to two or more sites. See “Access drive.”

“Street, public” means a way, the entire width of which is within a publicly owned right-of-way and which contains pedestrian, vehicular and utility improvements, facilities and appurtenances. The term shall include avenue, drive, road, circle, parkway, boulevard, highway, thoroughfare or any other similar term. Also any dedicated street accepted by the city for maintenance.

“Structural alterations” means any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.

“Structure” means anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. (Note: All buildings are structures, but not all structures are buildings. See “Building.”)

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. The term “subdivision” includes a “condominium project,” as defined in Section 1350 of the California Civil Code, a “community apartment project,” as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwellings to a “stock cooperative,” as defined in Section 11003.2 of the Business and Professions Code.

Supportive Housing. As defined in California Health and Safety Code Section 50675.14, “supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

“Swarming” means the natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honeybee colony.

“Swimming pool” means an outdoor pool or artificial body of water designed, constructed or used for swimming, dipping, or immersion purposes, and having a depth in excess of twenty-four (24) inches or a surface area exceeding one hundred (100) square feet.

“Top of bank” means the highest elevation of land which confines to their channel waters flowing in an intermittent or perennial stream or river.

“Townhouse” means a single dwelling unit in a townhouse group, located or capable of being located on a separate lot; and being separated from the adjoining dwelling unit by an approved wall, extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.

Transitional Housing. As defined in California Government Code Section 50801, “transitional housing” means housing with supportive services for up to twenty-four (24) months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

“Transitory lodging” means lodging provided for a period of up to thirty (30) days.

“Triplex” means a three-family dwelling designed or used exclusively as residences. Includes three separate but attached dwelling units.

“Turf” means a ground cover surface of mowed grass.

“Unenclosed” means open on at least one side.

“Urban limit line” means a parcel-specific boundary that marks the limit of where urban development is permitted within the incorporated area of St. Helena. The intent of the urban limit line is to discourage urban sprawl by containing urban development within designated areas during the planning period.

Use, Accessory. See “Accessory use.”

“Utilities” means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.

“Vacancy rate” means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units.

“Variance” means the term applied to the procedure whereby the strict application of the provisions of this title relating to height, area, yard requirements or other requirements of this title may be modified in a particular instance. The term “variance” does not apply to a use modification.

“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. The definition of “vehicle” includes motor vehicles, recreational vehicles, recreational trailers and boats.

“Very low-income household” means a household whose income does not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The income limits for very low-income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.

“Very low-income unit” means a unit that is required to be rented to a very low-income household at an affordable rent.

“Video game center” means a commercial establishment which offers six or more electronic games as a form of entertainment.

“Visibility triangle” means, on a corner lot, the triangle formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured twenty-five (25) feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.

“Wall” means the vertical exterior surface of a building, or the vertical interior surfaces which divide a building’s interior space into rooms.

“Warehouse” means a building used primarily for the storage of goods and materials.

“Waterway” means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.

“Wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

“Wine marketing event” means any activity conducted at a small winery for the purpose of educating members of the wine trade and persons who have preestablished business relationships with the small winery or its owner/operator about the wine produced at the small winery in order to increase the amount of wine sold to those individuals. Marketing activities may include food service without charge when provided in association with such education and development but shall not include cultural and social events unrelated to such education and development.

“Wine production” means a winery’s total annual production equals either: (1) the sum of all wine created through fermentation in a given year, plus the net total of all fermented bulk wine received and shipped in the same year, or (2) the amount of wine bottled on the premises in the same given year, whichever is greater.

“Xeriscape” means a style of landscape design requiring little or no irrigation or other maintenance. Xeriscape principles are listed in Chapter 17.25, Landscaping.

“Zero lot line” means the location of a building on a lot line in such a manner that one or more of the building’s sides rest directly on a lot line. See “Small lot development.”

“Zoning code” means this title consisting of the code text and the official adopted zoning map.

“Zoning map” means the officially adopted zoning map or maps of the city, together with all amendments subsequently adopted. (Ord. 25-6 § 2; Ord. 23-4 § 5 (Exh. A))

Accessory Dwelling Unit (ADU). See Section 17.22.030, Accessory dwelling units.

“Active agricultural use” includes animal husbandry, animal keeping, beekeeping, and cultivated agriculture.

“Adult entertainment” means an establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologists, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable state law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.

“Agricultural employee housing” means employee housing as set forth in California Health and Safety Code Section 17008 for farmworkers.

“Agricultural supply sales” means an establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental storage on a lot other than where the service is rendered.

Agriculture.

“Amphitheater” means an open building with a central space surrounded by tiers of seats for spectators, for the presentation of dramatic, sporting, or other events.

“Animal boarding facility/kennel” means a facility for keeping, boarding, training, breeding, or maintaining, generally overnight or in excess of twenty-four (24) hours, animals not owned by the owner or operator of the facility.

Automobile/Vehicle Sales and Services.

“Bank or financial institution” means a financial institution providing retail banking services. This classification includes only institutions that serve walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions. Includes facilities that provide self-serve facilities; excludes drive-through facilities.

Business Services.

“Caretaker residence” means a building which is used as a residence by a security guard or caretaker of a commercial, industrial, public, or semi-public use, which is located on or adjacent to the premises occupied by the use, and which is reasonably necessary to provide adequate security for the use.

“Catering” means an accessory service to a restaurant that provides food or beverages at social events or other large gatherings.

“Cemetery” means an establishment primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

“Cinema/theater” means a facility for the indoor display of motion pictures on single or multiple screens and stage productions such as plays, ballets, and musical performances. This classification may include incidental food and beverage service to patrons as well as an auditorium within a building.

“College or trade school” means an institution of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools. This classification excludes instructional services.

“Commercial laundry” means a facility where articles of fabric are laundered by commercial grade machinery. Does not include laundromat, self service.

Communication Facility.

“Community assembly” means a facility for public or private meetings and gatherings, including community centers, union halls, places of worship, meeting halls, and membership organizations. This classification includes the use of functionally related facilities for the use of members and attendees, such as kitchens, multipurpose rooms, classrooms, and storage. Includes social halls, lodges, fraternal organizations, and clubs when owned and operated by nonprofit organizations.

“Community garden” means an area where neighbors and residents have the opportunity to contribute to and manage the cultivation of plants, herbs, vegetables, and fruits. May consist of individually tended plots on a shared parcel or may be communal on a single plot.

“Contractor shop” means an establishment for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making.

“Contractor’s office and showroom” means an office or showroom of a business related to building construction. This classification excludes storage yards.

“Contractor’s yard” means premises used by any person for the storage, maintenance, repair and processing of equipment, materials and other items involved in construction of physical facilities or in the operation of a fleet of rolling stock.

“Cottage food operation” means an enterprise where an individual prepares or packages non-potentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758.

“Crop services” means an establishment that provides agriculturally related services including pesticide application and tree maintenance.

“Cultural institution” means a public or private institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts facilities, community centers, arenas, auditoriums, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, and historical sites. This classification excludes schools or institutions of higher education providing curricula of a general nature (see “College or trade school”).

“Custom and artisan manufacturing” means an establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios with a kiln, glass furnace, or woodworking.

“Day care facility” means a commercial establishment providing nonmedical care for persons on a less than twenty-four (24) hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the state of California.

“Dry cleaning facility” means a facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or more washes in solvent and extraction of excess solvent. Does not include dry cleaners, drop-off and pick-up.

Eating and Drinking Establishment.

“Emergency services” means facilities for parking and the dispatch of emergency medical transport services, including ambulance, fire, police, and rescue. May include offices and facilities for cooking and sleeping of on-duty personnel.

Emergency Shelter. As defined in California Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. No individual or household may be denied emergency shelter because of an inability to pay.

Family Day Care, Large. As defined in California Health and Safety Code Section 1596.78, a “large family day care home” means a facility that provides care, protection, and supervision for seven to fourteen (14) children inclusive, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.465 and as defined in those regulations.

Family Day Care, Small. As defined in California Health and Safety Code Section 1596.78 a “small family day care home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.44 and as defined in those regulations.

Food and Beverage Sales.

“Food preparation” means an establishment preparing and/or packaging food for off-site consumption only, including catering kitchens, small-scale specialty food production, and commercial kitchens. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation. May include ancillary retail sales of items prepared on the premises.

“Formula business” means a business which is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs, trademark, name, or other similar standardized features which cause them to be substantially identical to ten (10) or more other businesses in the United States regardless of ownership or location. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations. Does not include formula restaurants, which are prohibited.

“Formula restaurant” means a restaurant devoted to the preparation and offering of food and beverage for sale to the public for consumption either on or off the premises and which is required by contractual or other arrangement to offer any of the following: standardized architecture or standardized external signs which cause such architecture and signs to be substantially identical to ten (10) or more other businesses in the United States regardless of ownership or location.

“Fuel storage” means a facility engaged in the storage of gasoline or other fuel sources.

“Funeral home or mortuary” means an establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. This subclassification includes funeral parlors, crematories, and mortuaries, but excludes cemeteries and burial parks.

“Government office” means an administrative, clerical, or public contact office of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. Includes public and quasi-public noncommercial uses (open to the public but privately owned), buildings and facilities of an administrative, educational, religious, cultural, communications or public service nature. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.

“Health club or fitness center” means a facility used for sports, health, and recreational uses, including tennis or racquetball courts, swimming pools, weight training, exercise classes, health spas, and other similar uses.

“Heavy equipment repair” means an establishment engaged in the repair of heavy-duty vehicles, construction equipment and apparatus, as well as equipment associated with any form of heavy manufacturing.

“Home occupation” means a commercial use conducted on residential property by the residents that is incidental to the primary residential use of the dwelling.

“Hospital or clinic” means a state-licensed facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs and teen crisis counseling centers, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary and animal hospitals (see “Veterinary clinic”).

“Indoor recreation” means an establishment that provides indoor amusement or recreation services conducted within an enclosed building. This classification includes but is not limited to arcades, bingo halls, bowling alleys, billiard parlors, video game centers, card rooms, and ice- and roller-skating rinks.

“Industrial, general” means an establishment engaged in the manufacturing of nonedible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.

“Instructional services” means an establishment that offers specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. Includes art, dance, photography, or music studio offering instruction, including retail as an accessory use. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.

“Laundromat, self-service” means a facility where patrons wash, dry, or iron clothing or other fabrics in machines operated by the patron.

“Live/work” means an integrated housing unit and working space occupied and utilized by a single household in a structure designed or structurally modified to accommodate joint residential occupancy and work activity.

Lodging.

“Low-barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing. (See California Government Code Section 65660.)

“Maker’s space” means a workspace for an artist or artisan or for a group of artists or artisans practicing an applied art or craft, including but not limited to candle-making, pottery and ceramics (no kiln allowed), jewelry, or multimedia, with incidental retail sales of items produced on the premises. Uses in a maker’s space typically do not produce significant odors, fumes, noise, or other disturbances.

“Manufacturing, packaging, and processing” means an establishment engaged in the production, processing, packaging, or manufacturing of food or beverage products and where instruction, direct sales, tasting, or on-site consumption are incidental to the food or beverage production activity. This classification excludes wineries and the slaughtering of animals which is not allowed.

“Micro-brewery” means an establishment engaged in the small-scale and independent manufacturing that produces fifteen thousand (15,000) barrels or less of specialty or craft beer per year. A small tasting room or bar for visiting consumers is allowed on site although a minimum of seventy-five percent (75%) of the beer produced must be sold in off-site locations through any one of the following ways:

“Micro-distillery” means a small, often boutique-style facility established to produce beverage grade spirit alcohol from any source or substance that is licensed to manufacture, store, and sell spirits produced in single batches (as opposed to larger distillers’ continuous distilling process).

Mining.

“Mobile home” means, as defined in Section 18008 of the California Health and Safety Code or “manufactured home” as defined in Section 18007 of the California Health and Safety Code, a movable dwelling constructed on a chassis, designed for use without a permanent foundation, and designed to be connected to utilities. Excludes manufactured modular housing designed to be placed on a permanent foundation and recreational vehicles, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, commercial coaches, and/or factory-built housing, as defined in Section 19971 of the California Health and Safety Code.

“Model home sales office” means a dwelling temporarily used as a sales office for on-site sales for a residential development under construction.

“Multifamily dwelling” means two or more attached dwelling units on a single lot. Types of multifamily dwellings include duplexes, single-room occupancy units, townhouses, and apartment buildings.

Office.

“On-site storage facilities” means the indoor or outdoor storage of any materials, products, or equipment on the premises.

“Outdoor dining” means an area set up outside the confines of a commercial structure with tables, chairs, and other furnishings for the purpose of offering seating to patrons while selling, offering for sale, and serving food and beverages by an adjoining restaurant in which the same food and beverages are offered for sale, sold, and served.

“Outdoor display and sales” means the display or sale of any materials, products, or equipment outside of a building.

“Parking facility” means a surface lot or structure with five or more parking spaces situated contiguous to one another or in close proximity, providing parking as the primary use of a site, typically for a fee. Excludes parking provided incidental to another on-site activity.

Personal Services.

“Processing of agricultural products primarily produced on the premises” means a facility engaging in the processing of crops primarily grown on site, excluding large wineries.

“Public services, major” means services for the public that include water treatment facility, wastewater treatment facility, corporation yard, warehouse, and other services that provide major public infrastructure services for urban development.

“Public services, minor” means services for the public that include utility substations, pumping stations and other transmission and distribution facilities.

“Recreational facility, active” means a public or private play field, athletic fields and facilities, including baseball/softball diamonds, basketball courts, volleyball courts, tennis courts, golf courses, bicycle courses, rollerblade and skateboard courses, swimming pools and boating/fishing facilities.

“Recreational facility, passive” means a park, playground, trail, botanical garden, or related open space.

“Research and development” means a facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing conducted entirely within an enclosed building. This classification includes assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities, in addition to involving the production of experimental products.

Retail.

“Reupholstery and furniture repair” means an establishment engaged in the maintenance or repair of upholstery, furniture, and similar items.

“School” means a facility for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the state of California.

“Senior center” means a facility that offers services and activities to promote the physical, mental and social well-being of seniors.

“Short-term rental” means a use in which overnight accommodations are provided to guests for compensation for periods of less than thirty (30) days in a single-family dwelling.

“Single-family dwelling” means a building designed exclusively for and occupied exclusively by one single housekeeping unit. Includes site-built homes and modular homes.

“Single-room occupancy (SRO)” means housing (consisting of single-room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both) if the project consists of new construction, conversion of nonresidential space, or reconstruction. For acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit. If the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants. A project’s designation as an SRO cannot be inconsistent with the building’s zoning and building code classification.

“Small recycling facility” means a recycling facility accessory to a primary use devoted exclusively to the collection of recyclable materials from the public. A small recycling facility does not include the processing of recycled products. A small recycling facility may include: mobile recycling units, reverse vending machines and groupings of reverse vending machines (including bulk reverse vending machines), kiosk type units (may be permanent), and unattended containers placed for the donation of recyclable materials. See Section 17.22.220, Small recycling facilities.

“Solar energy system” means any solar energy collection device and all associated appurtenances, including energy storage, used for the purposes of heating or cooling or generating electricity for a primary or accessory structure.

“Storage, personal” means a facility offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage, and records or inventory storage for businesses. This classification includes moving company businesses which offer storage and transporting services, but excludes workshops, hobby shops, manufacturing, or commercial activity.

Time-Share. See Section 17.22.260, Time-share uses.

“Transit station and terminal” means a facility for passenger transportation operations, including rail stations, bus terminals, taxi, and scenic and sightseeing facilities. Includes truck, bus, taxi, van and limousine terminals and service centers. This category excludes maintenance centers.

“Veterinary clinic” means an infirmary for the treatment of small animals, including overnight care.

“Warehousing, wholesale, and distribution” means an establishment engaged in selling merchandise to retailers and other contractors; industrial, commercial, institutional, farm, or professional business users; other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This category does not include freight forwarding terminals.

“Wildlife sanctuary” means an area of land managed as a nature reserve that serves as a place of refuge for wildlife. Includes wildlife sanctuaries, botanical gardens, outdoor nature areas and other similar facilities and uses for passive use.

“Wine warehousing” means a building used for the wholesale storage or distribution of wine and allied wine products from any source.

“Winery event center” means a facility for major public assembly events such as concerts, art festivals, banquets and special wine tastings. Winery event centers are an accessory use to a large winery.

“Winery, large” means an agricultural processing facility used for wine production and the fermenting and processing of grape juice into wine, the refermenting of still wine into sparkling wine, and processes and practices used in the creation of ports, sherries, and the like. Includes manufacturing, packaging, commercial sales, and grape sampling facilities; crushing of grapes; fermenting and processing of grape juice; ageing and processing of wine; distillation; bottling of wine; on-site disposal of winery waste generated on a site; and warehousing and shipping of wine. Uses accessory to a winery, including offices, laboratories, equipment maintenance shops, employees’ eating facilities, cooperage repair shops, wine storage tanks, scales, and boiler rooms, are allowed.

“Winery, small” means an agricultural processing facility used for wine production and the fermenting and processing of grape juice into wine, and the refermenting of still wine into sparkling wine. Small wineries are an accessory use to a residential use.

“Winery visitor center” means a day use area including tour and tasting facilities, retail sales of wines and wine-related items, catering shops, cafes, restaurants, delicatessens, and drinking places. Must be conducted within structures specifically designated for such uses. Winery visitor centers are an accessory use to a large winery. (Ord. 23-4 § 5 (Exh. A))