"Access"means the place, or way, by whichpedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by zoning regulations.
"Accessory building"means a portion of the main building, or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building, or to the use of the land. Notwithstanding the foregoing, the term "accessory building" does not include second units. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be considered as a part of the main building.
"Accessory dwelling unit"means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or accessory structure. An accessory dwelling unit also includes the following:
A. An efficiency unit, as defined in Section
17958.1 of the California Health and Safety Code.
B. A manufactured home, as defined in Section
18007 of the California Health and Safety Code.
"Accessory structure"means a structure that is accessory and incidental to a dwelling located on the same lot.
"Accessory use"means a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building. Notwithstanding the foregoing, the use of a building as a second unit shall not constitute an "accessory use."
"Acreage, gross"means the total land area within the lot lines of a parcel of land before the deduction of areas for public rights-of-way, easements, public parks, public school sites and any areas to be dedicated or reserved for public use are deducted from such lot or parcel and does not include adjacent lands already dedicated for such purposes.
"Acreage, net"means the area within the lot lines of a parcel of land after all deductions are made. Deductions include public rights-of-way, public parks, public school sites, and any easement constituting impairment of the fee.
"Addition"means a structure added to the original structure after completion of the original structure.
"Adjacent"means lying near or close to within 100 feet, including across a street or alley.
"Adult"means persons eighteen years of age or older.
"Adult care facility"means any facility licensed by the State and/or County that provides nonmedical care to persons eighteen years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four hour basis.
"Affordable housing"means housing for which the occupant is paying no more than thirty percent of gross income for housing costs, including utilities. "Affordable Housing" includes the following terms:
A. Adjusted for household size appropriate for the unit. A household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.
B. Affordable. means dwelling units offered at affordable rent or at an affordable sales price.
C. Affordable Housing Cost. Has the same meaning as set forth in the California Health and Safety Code Section
50052.5, or any successor statute or regulation. This term means the total housing cost paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit as follows:
1. Very Low Income Households. No more than thirty percent of fifty percent of the Los Angeles County median income.
2. Low Income Households. Thirty percent of seventy percent of the Los Angeles County median income.
3. Moderate Income Households. No less than twenty-eight percent and no more than thirty-five percent of one hundred ten percent of the Los Angeles County median income.
"Affordable rent"means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, lower, or moderate-income households, not exceeding the following:
A. Very Low Income. Thirty percent to fifty percent of local area median income (AMI).
B. Lower Income. Fifty percent to eighty percent of AMI; the term may also be used to mean zero percent to eighty percent of AMI.
C. Moderate Income. Eighty percent to one hundred twenty percent of AMI.
"Affordable sales price"means a sales price at which very low, lower, or moderate-income households can qualify for the purchase of target units, calculated in accordance with California Health and Safety Code Section
50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.
"Affordable senior housing development"means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that meet the physical and social needs of senior citizens as defined in California Civil Code Section
51.2, and in which all of the residential units are for lower income households or at least forty percent of the total units of a mixed affordable senior housing development are for less than moderate income households and the property owner agrees to continue the affordability of all such lower income units for at least fifty-five years.
"Alcoholic beverage control license"means a license issued by the California Department of Alcohol Beverage Control for businesses selling, purchasing, importing, exporting, or conducting business with alcohol beverages which necessitates an ABC license.
"Alley"means a public way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property.
"Alteration"means any exterior change or modification, through public or private action, of any landmark or of any property located within an historic district, including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as paint, color and surface texture, grading, surface paving, features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plagues, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.
"Alternative transportation"means the use of modes of transportation other than single-passenger motor vehicle, including, but not limited to, carpools, vanpools, buspools, public transit, walking and bicycling.
"Amateur radio station antenna"means any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued by the FCC.
"Amendment"means a change in the wording, content or substance of this title or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, when adopted by ordinance passed by the city council in the manner prescribed by law.
"Animal hospital"means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. The use of the premises as a kennel or a place where animals or pets are boarded for remuneration is not permitted.
"Animal sales and services"includes the following terms:
A. "Animal boarding" means the provision of shelter and care for animals or pets on a commercial basis including activities (e.g., feeding, exercising, grooming, and incidental medical care).
B. "Animal grooming" means the provision of bathing and trimming services for animals or pets on a commercial basis. These uses include boarding of domestic animals for a maximum period of forty-eight hours.
C. "Animals, retail sales" means the retail sales and boarding of animals or pets within an entirely enclosed building. These uses include grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum of forty-eight hours.
"Animal shelter"means a facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted animals. May include incidental activities including vaccination, training classes, spay/neuter services, and boarding services.
"Antenna," "antenna array," or "wireless telecommunications antenna array"means one or more rods, poles, panels, discs, or similar devices used for the transmission or reception or radio frequency signals, which may include the omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (disc), but excluding any support structure as defined below.
"Antenna support"means any pole, telescoping mast, tower, tripod or any other structure that supports a wireless communication facility.
"Anti-drain valve/check valve"means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.
"Apartment hotel"means a building, or portion thereof, designed for or containing both individual guest rooms or suites of rooms and dwelling units.
"Appeal"means a request by an interested party for a de novo review of a decision.
"Applicant"means a person who has applied for a building permit, business license, variance, conditional use permit, code amendment, certificate of zoning compliance, site plan review, or other permit or license issued by the city.
"Architectural feature"means any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.
"Architectural projection"means a building feature that is mounted on, and/or extends from the surface of the building wall or façade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, a marquee, porch, canopy or similar projection of a building.
"Area, bar"means an area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for preparing and serving nonalcoholic beverages. Bar area shall include any seating area where tables and chairs are devoted to serving or consuming these beverages.
"Area, dining"means the seating area including aisles within a restaurant, fast-food, or formula fast-food restaurant where food and beverages are served. This includes any outdoor area not located on the sidewalk.
"Area, seating"means an area that is part of a restaurant that includes tables and chairs that are movable or where seats are bolted or otherwise fixed and immovable or an area of a religious facility that does not have permanent seats that are used for religious worship.
"Attendant/valet parking"means the receiving, parking, and delivering of motor vehicles upon any premises solely by an employee of the owner or occupant of the premises as a service to those desiring to park on such premises.
"Attic"means an unfinished space between the top floor of a structure and the roof. The attic shall only be used for storage or to contain mechanical equipment.
"Authorized agent"means anyone who has actual or ostensible authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he or she presents to the city.
"Automated teller machine"means a pedestrian-oriented machine used by patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.
"Automatic controller"means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.
"Automobile and trailer sales lot"means an open area used for the display, sales, or rental of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.
"Automobile dismantling yard"means any lot or any portion of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts, as a business, hobby or otherwise, other than the sale of used car parts within an enclosed building where no dumping is permitted. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding thirty days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence that such lot or portion thereof is an automobile dismantling yard.
"Automobile impound yard"means any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impounding yard shall not include the dismantling, reuse or sale of motor vehicles or their parts.
"Automobile parking space"means a space within a building, designated area other than a street or an alley, or a lot reserved for the parking or temporary storage of an automobile and includes adequate provision for ingress and egress by an automobile of standard size.
"Automobile repair"means the general repair of automobiles, including mechanical repairs, oil changes, tune-ups, upholstery and installation of tires, batteries and accessories, including the repair of trucks less than one ton capacity. Includes body work and painting so long as activities are conducted entirely within an enclosed building.
"Automobile repair garage"means a building, other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.
"Automobile salvage/wrecking"means the dismantling or wrecking of one or more used motor vehicles or trailers, or storage, sale or dumping of one or more dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.
"Automobile storage of nonoperating vehicles"means the presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not include automobile wrecking.
"Automobile trailer"means a vehicle with or without motive power, designed and constructed to travel on public thoroughfares or designed to be used for human habitation or for carrying persons or property or both including, but not limited to, trailer coaches, mobile homes, campers, and similar vehicles.
"Awning"means a permanent or temporary structure attached to and wholly supported by a building and installed over or in front of openings or windows, and consisting of a fixed or movable frame, and covered in canvas or other similar material.
"Backflow prevention device"means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
"Balcony"means an unenclosed area either recessed or projected from the walls of a building. Balconies are thirty inches or more above grade, are attached to and supported primarily by the exterior wall of the building, are accessible from the building's interior, and are unclosed on one or more sides except for a railing or parapet that is not greater than sixty inches high. A balcony is not an accessory structure.
"Bank"means a financial institution including savings and loan or credit union that provides retail banking services to individuals and businesses.
"Banner, flag, or pennant"means any cloth bunting, paper, plastic, or similar material used for advertising purposes which is attached to, or appended on or from any structure, staff, pole, line, framing, or vehicle. Flags referred to herein, when the flag is of a nation or of the state of California, or other state, and is displayed as such in an appropriate manner, shall be excepted from these regulations.
"Banners, advertising"means advertising devices made from thin cloth, plastic, paper, or other similar material which carry printed advertising copy used out of doors by commercial and industrial businesses, schools, and churches to advertise special events and limited-time offers only.
"Bar, beer"means any establishment which is regularly used and kept open for, and is in the business of serving, for monetary compensation, various alcoholic beverages, other than distilled spirits, to patrons comprised of the general public, and no food other than snack food such as peanuts, popcorn and pretzels are served. Live entertainment is not provided nor allowed.
"Bar, tavern, or cocktail lounge, full service"means any establishment which is regularly used and kept open for, and in the business of serving, for monetary compensation, alcoholic beverages, including distilled spirits, to patrons comprised of the general public, and no food other than snack food such as peanuts, popcorn and pretzels are served. Live entertainment is not provided nor allowed.
"Basement"means one or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurement if:
A. Over five feet of its height is above the average level of the adjoining ground; or
B. Uses conducted therein are chargeable for parking.
"Bedroom"means any separate room normally used for sleeping purposes, whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term, specifically excluding, without limitations, dining room, living room, kitchen, hall, closet, powder room, pantry, kitchen nook, garage, and bathroom.
"Beverage lounge"means any establishment including, but not limited to, coffee houses, tea houses, juice bars and any similar establishment which, as its principal business, sells, offers for sale, or provides to patrons, nonalcoholic beverages for consumption on, or within the premises with or without live entertainment, and is not a donut shop, ice cream parlor, bakery, delicatessen, or full-service or fast-food restaurant or similar establishment.
"Billiard parlor"means any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Such place of business may include, as an accessory use, any mechanical amusement device not otherwise prohibited by this Code.
"Block"means all property fronting upon one side of the street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead-end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
"Boarding or rooming house"means a building containing a single dwelling unit and not more than ten guest rooms where lodging is provided with or without meals, for compensation. A boarding or rooming house shall not include rest homes, nursing homes, boarding homes, or homes for the aged.
"Body art"means body piercing, tattooing, branding, or application of permanent cosmetics as each of these terms are defined in California Business and Professions Code Section
119301, and as that section may be amended from time to time.
"Building"means a permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. Where this title requires that a use shall be entirely enclosed within a building, it must meet the qualifications of the definition of Chapter
17.02.
"Building frontage"means the primary wall of a building or buildings facing a private or public street (not including freeways). Buildings facing more than one street have multiple frontages. In cases where there is no frontage on a public or private street, building frontage for signing purposes shall be the building face containing the principal entrance to the structure.
"Building height"means the vertical distance measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ventilators and other exceptions to the building height permitted by these regulations; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
"Building site"means a land area consisting of one or more parcels of land under common ownership or control, including all yards, parking spaces, and other open spaces required by this chapter.
"Building, completely enclosed"means a building enclosed by a permanent roof and on all sides by solid exterior walls pierced only by windows and customary entrance and exit doors.
"Building, main"means a building in which is conducted the principal use permitted upon the lot upon which it is situated.
"Buspool"means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route and according to a fixed schedule.
"California Environmental Quality Act"hereafter referred to as CEQA, Public Resources Code Section
21000 et seq., is a statute that requires all jurisdiction in the state of California to evaluate the extent of environmental degradation posed by proposed development.
"Car wash"means a building and related facilities for the primary purpose of washing automobiles.
"Caretaker's residence"means a dwelling unit located on the premises of an enterprise where the principal use is other than residential, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
"Carpool"means a vehicle carrying two to six passengers commuting together to and from work on a regular basis.
"Carport"means a permanently roofed structure with not more than three enclosed sides, used for automobile shelter and storage.
"Catering service"means a business in which the primary function is to prepare food for distribution off the premises. It shall not include a business in which the primary function is the sale of individual meals or portions thereof on the premises.
"Catering trailer"means a vehicle equipped to prepare food to be sold directly from such vehicles transported by a motorized vehicle.
"Catering truck"means a motorized vehicle equipped to transport and prepare food to be sold directly from such vehicles.
"Cellar"means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. For the purposes of this Code, a cellar shall not be counted as a story, unless it is used as habitable space.
"Charitable institution"means a nonprofit or philanthropic organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit-making organizations.
"Check cashing"means a commercial land use that generally includes some or all of a variety of financial services including cashing of checks, warrants, drafts, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; money transfers; payday advances or payday loans; issuance of money orders; and similar uses. Check cashing does not include a state or Federally chartered bank, savings association, credit union, or industrial loan company. Check cashing also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a fee as a service to its customers that is incidental to its main purpose or business.
"City"means the city of South El Monte as the same now exists or may hereafter exist.
"Clinic, dental or medical"means a building or group of buildings which a group of physicians, and/or dentists and professional assistants allied therewith are associated for the purpose of carrying on their profession and providing group medical services. The clinic may include a dental or medical laboratory but shall not include in-patient care or operating rooms for major surgery.
"Clinical Service"means an establishment which provides physical and mental health services on an individual, out-patient basis. The services may be of preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature, but do not include group counseling services. Typical uses would include, but not be limited to, medical and health clinics, chiropractic/physical therapy clinics, individual counseling services and emergency/urgent care centers.
"Club"means a nonprofit association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service customarily carried out as a business.
"Club house"means the building or group of buildings of an association of persons (whether incorporated) for the promotion of some nonprofit common interest and holding meetings or functions periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business.
"Co-location"means the use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.
"Collection facility"means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. A collection facility may include reverse vending machines, mobile collection facilities, kiosk type units, unattended containers and other small collection facilities which occupy an area of not more than five hundred square feet. Materials may be accepted for compensation or as donations and are intended for transfer to a larger facility for processing. A collection facility is intended for day-to-day collection of materials and does not include power-driven processing equipment. A group of seven or less reverse vending machines shall be considered a small collection facility.
"Commercial recreation"means any use or development, either public or private, providing amusement, pleasure or sport, diversion, exercises, or other resource affording relaxation and enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf courses, miniature golf, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball courts, amusement centers or arcades, dance studios, health and fitness clubs, batting cages, boxing gyms, and facilities equipped and use for sports training and conditioning. Excludes adult entertainment facilities, martial arts facilities, and massage therapy establishments.
"Conditional use"means a land use which is not permitted by right, but which may be appropriate in a given zoning district subject to conditions of approval. Generally, conditional uses are those that have the potential for particularly sensitive, objectionable operating characteristics, or appearance, which may be out of character in a particular zone; of which may make those uses suitable or unsuitable for a particular site or location. The use may occur only upon approval of a conditional use permit pursuant to the procedures established in Chapter
17.03.
"Contractor's equipment yard" means any facility, building or premises used for the conduct of a business involved primarily with the rendition of contractor's services and the use or storage of trucks, trailers, semi-trailers, cranes, hoists, storage tanks, large timbers or beams, or similar equipment or the storage of construction or maintenance materials or supplies, but excluding any such equipment or materials when used as an incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this title.
"Coordinated entry system"means a centralized or coordinated assessment system developed pursuant to 576.400(d) or Section 578.7(a)(8), designed to coordinate program participant intake, assessment, and referrals designated to coordinated program participant intake, assessment, and referrals.
"County"means the county of Los Angeles.
"Cultural institution"means institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums and art galleries where displayed objects are not intended for sale. Eating and drinking establishments can be incidental to the operation of public recreational facilities or cultural institutions; no drive-through facilities allowed; sale of alcoholic beverages requires a CUP.
"Curb level"means the top level of the established street curb in front of the building measured at the center of such building frontage. Where no curb has been established, the city engineer shall establish such curb level, or its equivalent, for the purposes of this chapter.
"Dancing, public"means any occurrence of dancing or dance movements by persons other than professional or amateur performers when such dancing occurs in any bar, tavern, restaurant, or nightclub. Any occurrence of dancing or dance movements by professional or amateur performers for the entertainment of the patrons of any bar, tavern, restaurant, or nightclub as defined in this chapter shall be deemed "entertainment, live" as defined by Chapter
17.02 of these regulations. These regulations shall not apply to any duly licensed public or private school providing dance instruction to students.
"Day care facility"means a location where children less than eighteen years of age are given care, protection, and supervision in the care giver's home for periods of less than twenty-four hours per day, while the parents or guardians are away.
"Day spa"means a commercial establishment, other than an adult business or adult use, which specializes in the full complement of beauty, health, or therapeutic treatments, including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage therapy which is open primarily during normal daytime business hours and without provisions for overnight accommodations.
"Density"means residential dwelling units per net acre.
"Density bonus"means an increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the Land Use Element of the City of South El Monte General Plan in accordance with state law and this chapter.
"Density bonus housing agreement"means a legally binding agreement between a developer of a housing development and the city, which ensures that the requirements in Chapter
17.02 and Chapter
17.13 and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.
"Density bonus units"means those residential units granted pursuant to the provisions of Chapter
17.02 and Chapter
17.13 that exceed the maximum residential density for the development site.
"Density, net"means the number of dwelling units per net acre of land.
"Designated site"means a parcel or part thereof on which a landmark is situated, and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated, and which has been designated a historic site.
"Developer"means the person(s), partnership(s), corporation(s) or agency(ies) responsible for the planning design and construction of an applicable development project.
"Development"means any manmade change to improve unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
"Development agreement"means an agreement entered into between the city and a developer pursuant to California Government Code Section
65864.
"Discretionary approval"means a decision in which the approving entity or person can use their judgment in deciding whether and how to carry out or approve a project.
"Dormitory"means a building containing rooms designed, intended, or occupied as sleeping quarters for two or more persons.
"Driveway"means:
A. On private property, the required paved access way from the street property line to any garage, carport, parking or loading space, or an approved auxiliary parking area; and
B. In the public right-of-way, the driveway approach is a required paved access way from the curb line to the street property line.
"Drought tolerant plant material"means those plants that tolerate heavy clay to sandy soils with use of limited supplemental water. Said plants are able to thrive with deep, infrequent watering once their root systems are established (three to twelve month average time period). Plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in the city.
"Duplex"means the same as "dwelling, two-family."
"Dwelling"means a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding or rooming-houses, or dormitories.
"Dwelling unit"means a permanent non-commercial structure or portion thereof, including manufactured structures, designed, or used as a residence providing complete, independent living facilities for one household containing one or more rooms with living, sleeping, eating, kitchen and sanitation facilities.
"Dwelling, multiple"means a detached building designed and used for occupancy by three or more families, each living independently of the others and each having separate kitchen facilities.
"Dwelling, multiple-family"means a building that contains three or more dwelling units that share common walls or floor/ceilings. The land under the buildings or units is not divided into separate lots. The units may have separate or joint entrance, and typically have common parking and open space areas.
"Dwelling, residential condominium"means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in a space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or subleasehold. A residential condominium is a unique land use which has many similarities to the ownership of a single-family dwelling, except that it is usually marked by higher densities, contiguity of living units, and the aforementioned common interest in the parcel of real property on which it is situated.
"Dwelling, residential condominium documents or condominium documents"means the declaration of covenants, conditions, and restrictions (the "declaration"), the description of project elements, the condominium plan establishing a plan for residential condominium ownership and the articles of incorporation and bylaws of the association of the owners.
"Dwelling, single-family"means a detached building designed or used exclusively for occupancy by one family and having a kitchen facility for only one family and may include housing types described in California Government Code Section
65852.
"Dwelling, townhouse"means an arrangement of single-family dwellings, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of the first floor level, and having exclusive individual ownership and occupant rights of each dwelling unit, including, but not limited to, the land area directly beneath such dwelling.
"Dwelling, triplex"means the whole of a dwelling that is divided horizontally and/or vertically into three separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance.
"Dwelling, two-family"means a building designed or used exclusively for the occupancy by two households, living independently of each other and having separate kitchen facilities for each family and containing two attached dwelling units, excludes accessory dwelling units. The term "two-family dwelling" shall include the term "duplex."
"Easement"means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
"Eave"means the projecting lower edge of a roof overhanging the wall of a building.
"Efficiency unit"means a separate living space with a minimum floor area of one hundred fifty square feet which contains partial kitchen or bathroom facilities.
"Electric vehicle charging station" or "charging station"means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
"Electronic submittal"means the utilization of one or more of either electronic mail, the internet, or facsimile.
"Elevation"means a flat scale drawing of the front, rear or side of a building or structure.
"Emergency shelter"means housing with minimal supportive services that is designed for and occupied by homeless persons for no more than six-months in a consecutive twelve-month period. Emergency Housing shall have the same meaning as defined and used in Section
50801(e) of the California Health and Safety Code.
"Emitter"means drip irrigation fittings that deliver water slowly from the system to the soil.
"Employee parking area"means the portion of total required parking for a development for the use by on-site employees.
"Enclosed"means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.
"Entertainment"means activities which are open to the members of the public with or without charge and any of the following:
A. Any act, play, review, pantomime, scene, dance, dance act, or song and dance act performed or participated in by one or more persons, whether or not such person or persons are compensated for such performance; excepting from this subsection instrumental music, with or without vocal accompaniment, as an accessory use to a use otherwise permitted in the respective zone;
B. Any theatrical performance, whether live, on film, on television, in pantomime or in silhouette in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances;
C. Karaoke uses which shall mean a use whereby an amateur or amateurs perform and/or participate in a song act without compensation when accompanied by audio and/or visual devices. Karaoke uses shall be permitted only when conducted as an accessory use to a bona fide restaurant/bar.
"Entertainment, live"means any performance by any person or animal that takes place within or upon the premises of any business for the purpose of entertaining the patrons of said business.
"Environmental"includes the following:
A. "California Environmental Quality Act (CEQA)" means the state law contained in the California Public Resources Code, Section
2100 et seq.
B. "Environmental Impact Report (EIR)" means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of an EIR are discussed in CEQA Guidelines Article
9, commencing with Section 15120. The term "EIR" may mean either a draft or a final EIR depending on the context.
C. "Exemption" means an action that is not subject to CEQA. This exempt status may be documented with a Notice of Exemption (NOE).
D. "Initial Study (IS)" means a preliminary analysis of the environmental effects of a proposed action used to determine whether an EIR, Subsequent EIR, Supplemental EIR, Addendum to an EIR, or a Negative Declaration (ND) must be prepared and used to identify the significant environmental effects to be analyzed. The Initial Study may also be used to streamline environmental review by determining that a previous EIR adequately analyzes the current proposed project or whether the project is part of a larger project, and a master, tiered, program, or focused EIR would be appropriate.
E. "Mitigation" includes the following:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute resources or environments.
F. "Negative Declaration (ND)" means a written statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and why it does not require the preparation of an EIR. The accompanying Initial Study shall support the reasons.
G. "Project" under CEQA means a project is the whole of an action that has the potential to result in either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
"Established landscape"means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.
"Expansion"means, as applied to development, increasing the scope, volume, or size of an existing or proposed use, structure, parking, signage, etc.
"Exterior architectural feature"means the architectural elements embodying style, design, general arrangement, and components of all of the outer surface of a landmark, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such landmark.
"Façade"means the exterior wall of a building exposed to public view or that wall viewed by persons not within a building. The major width of any exterior elevation of a building, extending from the grade to the top of the parapet wall or eaves, that is parallel to a street property line.
"Façade mounted antenna"means a wireless telecommunications facility mounted on to the façade of a building or structure.
"Family"means reasonable number of persons living together as a single housekeeping unit in a dwelling unit. Reasonable can be one or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.
"Family care or community care facility, general"means any family home, group care facility or similar facility providing twenty-four-hour non-medical services, supervision, or assistance essential for sustaining the activities of daily living for seven adults, children, or adults and children or more. Residential care facility includes shelters, board and care facilities, halfway houses, wards of the juvenile court and the like and excludes "Sober living facilities"
"Family care or community care facility, limited"means a facility which provides resident services in a private residence to six or fewer individuals who are not related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult supervision in accordance with their individual needs. This category includes foster or boarding homes for children, group homes, and family homes. "Family or community care facilities" shall be subject to the following conditions:
A. Such facilities shall be permitted only in dwelling units licensed by the state, county, or other jurisdiction so authorized;
B. That there be no undue concentration of such facilities in any block or neighborhood when such concentration would become materially detrimental to the public health or safety or to the aims and goals of the program.
C. That the use be so operated as not to constitute a public nuisance.
"Family day care home"means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own dwelling, for periods of less than twenty-four hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home.
A. "Large family day care home" means a home that provides family day care for nine to fourteen children, inclusive, including children under the age of ten years who reside at the home.
B. "Small family day care home" means a home that provides family day care for eight or fewer children, inclusive, including children under the age of ten years who reside at the home.
""FCC"means the Federal Communications Commission.
"Flags, advertising"means advertising devices made from thin cloth, plastic, paper, or other similar material that do not carry printed advertising copy, but are used to attract the attention of potential customers to the specific location where the flags are displayed. The use of advertising flags shall be limited to businesses engaged in the outdoor sale of motor vehicles and watercraft.
"Flood"means a temporary rise in a stream's flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel, or an unusual and rapid accumulation of runoff or surface waters from any source.
"Floodproofing"means any combination of structural and nonstructural additions, changes, or adjustments to structures including utility and sanitary facilities which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and shall have the effect of buoyancy.
"Floor Area Ratio (FAR)"means the gross floor area (all floors) of a building(s) on a lot divided by the lot area. Building elements included into the calculation include, but are not limited to, the main structure, the main dwelling, accessory structures, atriums, foyers, mezzanines and lofts, enclosed patios, and enclosed porches. Building elements such as garages, carports, open patios and open porches are not included into the calculation. A basement (where more than fifty percent of the volume of the room is below grade) is exempt from the requirements limiting the floor area ratio.
"Floor area, gross"means the horizontal space of habitable and non-habitual areas of all floors of all enclosed structures on the property measured from exterior wall to exterior wall including, but not limited to, the main structure, main dwelling structure, accessory buildings, accessory dwelling units, atriums, garages, foyers, enclosed patios, sheds, habitable attic space, basements, closets, utility rooms, mechanical rooms, elevator shafts, stairwells, and janitor rooms.
"Floor area, net"means the gross floor area of a building or structure, minus elevator shafts, stairwells, floor area intended and designed for the parking of motor vehicles, interior balconies, and electrical and mechanical equipment rooms. "Net floor area" shall also exclude open interior pedestrian walkways, lobbies, plazas and interior balconies, such as those found in enclosed shopping malls, office and hotel lobbies and atrium buildings, which exceed minimum code requirements for hallways and passageways.
"Foster home (seven or more children)"means a group care facility licensed by the county welfare agency or by the state of California to provide care and supervision of children in a group setting.
"Frontage"means the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot.
"Garage sale"means a garage, yard, patio, or similar type sale held in a residential zone for the purpose of disposing of personal property.
"Garage, private"means an accessory building or an accessory portion of a main building not including carports, designed, or used only for the shelter or storage of operating motor vehicles owned or operated by the occupants of the main building.
"Garage, public"means any garage other than a private garage used only for the shelter or storage of operating motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicles.
"Garage, side loaded"means a garage in which the door is perpendicular to the front property line and vehicular access requires a radius for maneuvering in and out of the structure.
"General Plan"means the General "Master" Plan of the city of South El Monte.
"Government or public facility"means offices or uses established by any governmental or public entity which are established to provide direct service to the public at a particular location. Examples of public facilities and uses include, but are not limited to, the following:
A. Department of Social Welfare;
B. Department of Motor Vehicles;
C. Department of Human Resources Development;
D. Internal Revenue Service;
E. Social Security Administration;
F. Jails and similar detention facilities;
G. Hospitals established and maintained by public entities;
"Grade"means the average of the finished ground level at the center of all exterior walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. "Grade" as it relates to advertising signs means the level of the public sidewalk or curb closest to the sign unless otherwise provided in these regulations.
"Grade, natural"means the elevation of the ground level in its natural state before grading.
"Grade, street"means the elevation of the centerline of the street adjacent to the site proposed for development.
"Grocery store"means a retail establishment, of less than fifteen thousand square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than ten percent of the entire square footage of the establishment. See "Supermarket."
"Ground floor"means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the adjoining sidewalk. If a sloped site, the ground floor elevation is measured at the point of entry.
"Guest parking"means parking spaces provided with a residential unit for intermittent use by visitors.
"Gunsmith" or "armorer"means a person who repairs, modifies, designs, or builds firearms. A gunsmith does factory level repairs, renovation (such as applying metal finishes), and makes modifications and alterations for special uses. Gunsmiths may also apply carvings, engravings and other decorative features to an otherwise finished gun. This occupation is different from an armorer. The armorer primarily maintains (disassembly, cleaning) weapons and limited repairs involving parts replacement and possibly work involving modifications to make the weapon more accurate. For the purposes of this Zoning Code, "gunsmith" will be considered to include "armorer."
"Habitable floor"means any floor used for living which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a habitable floor for the purpose of these regulations.
"Hardscape"means decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Zoning Code. Hardscape elements include, but are not limited to, natural features such as rock, slate and stone and structural features such as art works, benches, fences, fountains, reflecting pools, screens, swimming pools, walls and crushed granite.
"Hazardous waste"means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
"Historic district"means any area containing improvements which have a special historical or aesthetic interest or value, or which represents one or more architectural periods or styles of a distinct section of the city that has been designated a historic district.
"Home occupation"means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupation for the purpose of this Code.
"Hospital"means any facility licensed by the State Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to patients or injured persons.
"Hotel"means an establishment containing a minimum of fifty guest rooms or suites, designed, or used primarily for transient occupancy and for which no provision is made for cooking in any individual guest room or suite. A hotel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests. Hotel facilities may include banquet and meeting rooms, restaurant, coffee shops, retail uses, and lobby and entertainment bars.
"Household, low-income"means a household whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.
"Household, lower income"means a household whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section
50079.5.
"Household, moderate-income"means a household whose income does not exceed the moderate-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section
50093.
"Household, very low-Income"means a household whose income does not exceed the very low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section
50105.
"Housing cost"means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, home-owner association fees, and a reasonable allowance for utilities.
"Housing development"means a construction project consisting of five or more residential units or lots, including single-family and multifamily units or lots.
"Housing, supportive"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 his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
"Hydrozone"means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.
"Illumination, direct"means illumination by means of light that travels directly from its source to the viewer's eye.
"Improvement"means any building, structure, place parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment.
"In lieu fee"means a fee paid by a project sponsor in lieu of complying with a requirement of this Code and that is not a development impact fee governed by the Mitigation Fee Act.
"Incentive"means a regulatory incentive or concession as defined in California Government Code Section
65915(k) that may include, but not be limited to, the reduction of site development standards or a modification of zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.
"Inclusionary requirement"means a requirement that a certain portion of residential units be affordable to a determined economic segment of the community.
"Independent exterior access"means a door that provides independent access to an ADU and is located on the exterior façade of the ADU. Independent exterior access must comply with the minimum requirements of the Building Code.
"Industrial use"means the activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.
"Infiltration rate"means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).
"Inflatable device, advertising"means any device of any size and shape, inflated by air, hot air, gas, or any other substance, and is attached to the ground or anything on the ground, and is used to advertise any event, product, or service.
"Intensification of use"means an enlargement or alteration to an existing structure where an increase in required number of parking spaces is required or the change would result in additional vehicular trips, or change of use where the new use requires an increase in the number of required parking spaces or would result in additional vehicular trips.
"Junior accessory dwelling unit (JADU)"means a living unit not exceeding five hundred square feet created out of existing space that is contained entirely within an existing or proposed single-family residence or an attached garage. A JADU must include a separate exterior entrance and an efficiency kitchen with a working refrigerator. A JADU may include separate sanitation facilities or may share sanitary facilities with a single family dwelling. The property owner must reside in either the single family dwelling or the JADU.
"Junk"means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some reuse. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall be considered junk.
"Junk yard"means any lot or the use of any portion of a lot where scrap, waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage house wrecking and structural steel materials and equipment. "Junk yard" does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations conducted on the premises.
"Kennel"means any lot, building, structure, or premises upon or in which two or more dogs or cats over four months of age are kept for sale or for breeding purposes or are boarded or trained for hire, or where four or more weaned dogs or cats are kept, maintained or permitted for any reason or purpose, whether commercial, noncommercial or otherwise.
"Kitchen"means any room designed, used, or maintained for cooking or preparation of food.
"Landmark"means a place, building, structure, work of art, or other object, having a special character or special historical or aesthetic interest or value, within the meaning of California Government Code Section
37361.
"Landscaped area"means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes, such as desks and patios and other nonporous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
"Landscaping"means the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers, or lawn. In addition, the combination or design may include natural features such as limited amounts of rocks and stones (no more than ten percent), and structural features including, but not limited to, fountains, reflecting pools, art works, screens, fences, and benches.
"Landscaping plan"means a plan which indicates the type, size and location of vegetative and accent material proposed for the landscaping of a site including all irrigation and other devices necessary to maintain such landscaping.
"Linear foot"means a measurement that is twelve inches long and that is measured typically in a straight line,
"Live/work unit(s)"means a unit, which combines living quarters with artist studios, professional offices, software/media offices or small retail uses. Live/work units are typically located in a small scale, mixed-use building and help transition between a busy street and a residential area. Live/work units are required to have the workspace on the ground floor with living space on one or two stories above and must be occupied by the same individual(s) who occupies the living quarters. Live/work units may be built as attached townhomes.
"Living area"means the interior habitable area of a dwelling unit, including basements, but does not include a garage or any accessory structure.
"Loading space"means an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
"Long-term bicycle parking"means bicycle parking designed for residents, employees, students, public transit users, and others that need to park their bicycles for several hours or more that provides security and weather protection.
"Lot"means a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this title and having frontage upon a public street or a place approved by the commission. The word "lot" shall include the words parcel or plot.
"Lot area"means the total horizontal area within the lot lines of a lot.
"Lot coverage"means the percentage of the lot area covered by a structure or building, including all accessory buildings.
"Lot depth"means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
"Lot line, front"means the line separating the lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.
"Lot line, rear"means the lot line which is opposite and most distant from the front lot line.
"Lot width"means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
"Lot, corner"means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five degrees. If the intersection angle is more than one hundred thirty-five degrees, the lot is considered an interior lot.
"Lot, flag"means a lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
"Lot, interior"means a lot other than a corner, reversed corner or key lot.
"Lot, key"means the first lot immediately to the rear of a reversed corner lot and not separated by an alley.
"Lot, reversed corner"means a corner lot, the street side of which is substantially a continuation of the front lot line of the first interior lot to its rear.
"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.
"Maintenance"means that work on equipment and vehicles necessary to keep it in normal operating condition. Maintenance includes such things as fueling, changing engine belts, replacement of worn or damaged tires, and minor tune-ups.
"Manufacture"means to assemble, fabricate, compound, process, treat or remanufacture.
"Manufactured home"means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" shall also include any structure that meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for manufactured homes and the standards set forth for manufactured homes in the
California Health and Safety Code.
"Market rate units"means those dwelling units which are not affordable units or restricted by income levels and may be sold or rented at market rate.
"Market, outdoor"means any meeting or assembly where persons are permitted or invited to offer new or used merchandise, articles or things of value for sale or exchange on premises other than their own which are made available at certain times for such sales or exchanges. This definition shall not apply to occasional fundraising activities by public and private schools, churches, and other not-for-profit charitable organizations.
"Marquee"means permanent roofed structure attached to and supported by the building and projecting over the public right-of-way or over private property.
"Massage"means the scientific manipulation of the soft tissues.
"Massage establishment"means any fixed or mobile location where massage is performed for compensation, including, but not limited to, those businesses that provide massage services accessory to their principal permitted use. Such a business includes, but is not limited to, an aromatherapist, acupuncturist, chiropractor, beauty salon, health club, beach club, skin care salon, and day spa. The term "massage establishment" or "establishment" includes a sole proprietor, an independent contractor, and any certified massage practitioner or therapist performing massage in the city without being employed by another massage establishment.
"Mast"means a support structure that is constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality.
"Maximum residential density"means the maximum number of residential units permitted by the city's General Plan land use element, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the city, excluding any additional density bonus units permitted. If a range of density is permitted by the land use element, maximum residential density shall mean the maximum allowable density within the range of density.
"Mechanical equipment"means any heating, ventilating, cooling, refrigeration systems, pool or spa equipment, or other miscellaneous appliances which are placed outside a building.
"Mezzanine"means an intermediate floor just above the ground floor; it often has a low ceiling and projects in the form of a balcony, and does not exceed one-third of the floor area of the room or space in which they are located.
"Microbreweries" and "brewpubs"refer to small-scale, independently-owned breweries that emphasize traditional brewing methods, flavor and quality and that produce fewer than fifteen thousand U.S. beer barrels (four hundred sixty thousand U.S. gallons) annually for on- and off-premises consumption. A brewpub is an abbreviated term combining the ideas of a brewery and a pub or public-house. A brewpub can be a pub or restaurant that brews beer on the premises.
"Minor modification"means a discretionary approval granted by the Planning Manager which allows a slight modification or minor deviation up to ten percent to certain development standards of this Zoning Code when just deviation constitutes reasonable use of the property not permitted under the strict interpretation of the Zoning Code.
"Mixed-use"means the use of a lot or building with two or more different land uses including, but not limited to, residential, commercial retail, office, or manufacturing, in a single structure or a group of physically integrated structures.
"Mixed-use building"means a structure containing both residential and commercial uses (which may include retail, restaurants, offices, services, and similar uses deemed compatible with residential uses). The commercial use or uses are typically located on the ground floor of the structure with the residential dwellings predominantly located on the second or higher floors.
"Mixed-use development"means a project with both residential and nonresidential uses located on the same lot or site.
"Mobile home"means a manufactured structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities that serves as a home. It does not include recreation vehicles or travel trailers.
"Motel"means an establishment containing a maximum of forty-nine guest rooms or suites, each having a separate entrance leading directly from the outside of the building or from an inner court, which facilities are designed, accompanied, use or intended to be used, rented, or hired out for temporary or overnight accommodations for guest, offered primarily to automobile tourists or transients, which no provisions are made for cooking in any individual guest room or suite. A motel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests.
"Mulch"means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation.
"Nightclub"means any establishment, which is regularly used and kept open at any time of the day or night, for the business of serving for monetary compensation, alcoholic beverages to patrons comprised of the general public. Live entertainment is allowed by permit and may be provided. Food is not served to patrons.
"Nightclub, private"means any establishment, which is regularly used and kept open, at any time of the day or night, for the serving of alcoholic beverages and food. Live entertainment is allowed by permit and may be provided. Said establishment is maintained for the sole use and benefit of its members and guests of the members. The premises are not open to the general public.
"Nonconforming building"means a building or structure lawfully existing on the effective date of the regulations codified in this title, but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.
"Nonconforming site"means a lot or parcel of land which was lawfully developed in accordance with zoning regulations in effect at the time of development but which does not comply with current regulations with respect to, but not limited to: density; coverage; yards; setbacks; parking layout and paving; site orientation; fencing and walls; landscaping; refuse storage; outdoor storage, or any other provision specific to site development, regardless of whether or not the site was previously deemed conforming.
"Nonconforming structure"means a structure or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this article to it, no longer conforms to the regulations set forth in this article applicable to the zone in which such structure is located.
"Nonconforming use"means a use which lawfully occupied a building or land on the effective date of the regulations codified in this title, but which would be prohibited, regulated, or restricted under the term of these regulations or future amendment.
"Nonprofit social service organization"means an organization which is incorporated under the laws of the state, has a nonpaid board of directors and which provides, on a nonresidence basis, social services to the general public on an ability to pay, or nonpayment basis. These services may include, but are not limited to, employment counseling, family counseling, recreation, employment training, retraining, youth activities, aid to disadvantaged or handicapped persons, emergency aid or disaster relief, drug abuse or alcohol addiction counseling, senior citizens' activities, and education and rehabilitation facilities.
"Nuisance"means anything that interferes with the use or comfortable enjoyment of property or life or which is offensive to the senses.
"Nursery, child care"means a building, facility or premises used for the supervision and care, for a consideration, of five or more children not related by blood or marriage to the person providing the care and shall include nursery schools and day camps.
"Nursing and convalescent hospitals"means any place or institution which provides bed accommodations for one or more chronic or convalescent patients, who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental or communicable diseases, including contagious tuberculosis, shall not be admitted or cared for in nursing and convalescent hospitals.
"Object"means a material thing of functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable.
"Open space, common"means useable open space which is for the use of the residents of three or more dwelling units.
"Open space, private"means outdoor space which is intended for the exclusive use of the residents of a dwelling unit which adjoins it and has access to it and is enclosed by a fence or wall or view-obscuring hedge at least four feet six inches in height.
"Open space, usable"means the following:
A. Outdoor space opened to the sky.
B. Not more than ten percent in grade on the building site of a lot and/or within the rear yard, interior side yard of the building.
C. Maintained for landscaping, community gardens, swimming pools, recreation rooms, and other inside and outside living or recreational uses, excepting wherefrom areas used for off-street parking, driveways, service areas, or unusable slopes front setbacks and any portion of the required square footage for private space.
D. Specifically designed and constructed to be occupied by and used by residents of the dwelling units on the lot.
"Overlay Zone/District"means a set of zoning requirements that is described in the text of the Zoning Code, is mapped and is imposed in addition to those requirements of the underlying district.
"Overspray"means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas.
"Parcel of land"means any contiguous quantity of land, in the possession of, owned by, or recorded and assessed by the county assessor as the property of the same claimant or person.
"Parkway"means the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes. The publicly owned area located between the curb and the right-of-way line of any public street.
"Passageway"means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
"Patio, enclosed"means a covered freestanding or attached level, paved or decked area enclosed on all sides whose principal use shall be for outdoor entertaining or recreation. A patio shall be considered enclosed when surrounded by a rail, wall, glass, plastic, or similar type barrier taller than forty-two inches on any side, excluding the walls of an approved attached structure. An enclosed patio is not used as a habitable room or as a parking space for vehicles.
"Patio, open"means a freestanding or attached level, paved or decked area open on one or more sides, enclosed only by the walls of an attached approved structure, whose principal use shall be for outdoor entertaining or recreation. These areas may be covered or uncovered, and may be surrounded by a rail, wall, glass, plastic, or similar barrier measured at a height of forty-two inches or less. An open patio may be enclosed by insect screening. An open patio is not used as a habitable room or as a parking space for vehicles.
"Paving"means a solid concrete, tile, or brick surface that serves as a covering for pedestrian/vehicular travel.
"Permit"means a document issued by the city pursuant to the provisions of this article authorizing specific activities, uses, or structures together with the conditions upon which such permit is issued, and the plans, specifications, reports, and approved modifications pertaining thereto.
"Person"includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
"Porte cochere"means a roof-like attachment to a building, open on three sides, used primarily for the protection and convenience of loading and unloading passengers or materials.
"Preferential parking"means parking spaces designated or assigned, through the use of sign or painted space markings for carpool and vanpool vehicles carrying commuter passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.
"Premises"means any portion of any lot and any portion of any building or structure contained thereon.
"Preservation"means the identification, study, protection, restoration, rehabilitation, or enhancement of a landmark.
"Principal structure"means the primary structure(s) within which is conducted the principal use of the lot.
"Private school"means any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which does not secure the majority of its funding from any governmental agency.
"Property owner"means the legal owner of a development. The property owner shall be responsible for complying with the provisions of Municipal Code Title 17 either directly or through an authorized agent.
"Public convenience and necessity"when applied to the issuance of permits for the sale of alcoholic beverages pursuant to Section
23958.4(b)(2) of the Business and Professions Code, means that the issuance of the license for the off-sale of alcoholic beverages will allow the holder of that license to offer, or provide, a service or product to the general public that is not reasonably accessible, or sufficiently provided, within a specific geographic area of reasonable proportions.
"Public rights-of-way"means the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements, as the same now or may hereafter exist, that are under the city's jurisdiction and within the city's regulatory authority.
"Public storage (mini/self-storage)"means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers leased or rented to the public as individual storage spaces for personal and/or other property. The goods and materials stored are not intended for redistribution, resale or other commercial activity. No other activity other than the storage described above except incidental sales and rentals is intended for a public storage facility.
"Public transit"means a location, including, but not limited to, a bus or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Public transit stop"means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Public utility facility"means, but is not limited to, an assembly of materials and equipment, including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use.
"Qualified buyer, ADU"means persons and families of low or moderate income, as that term is defined in Section
50093 of the California Health and Safety Code.
"Quasi-public use"means a use conducted by a private nonprofit educational, religious, recreational, charitable, or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, private hospitals, youth centers and similar uses.
"Reasonable accommodation"means any request by, or on behalf of, a disabled person for a reasonable deviation from the city's strict application of its land use or building regulations as set forth in this Code, or as adopted by reference in this Code, in order for such disabled person to use and enjoy a dwelling.
"Recreational area"means areas of active play or recreation such as sports fields, school yards, picnic grounds or other areas with intense foot traffic.
"Recreational vehicle"means a vehicular unit not exceeding forty feet in body length, or ten feet in width, primarily designed as a temporary living quarters for recreational, camping or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Length shall be measured from bumper to bumper on self-propelled vehicles and from bumper to tongue on towed vehicles. Recreational vehicle includes motor home, truck camper, travel trailer and camping trailer. A vehicle meeting the above definition except for size is not deemed incidental to a dwelling unit.
"Recycling center"means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. The recycling facility does not include storage container or processing activities located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
"Rehabilitated landscape"means any relandscaping project that requires approval by the planning director, planning commission, city council, or requires a permit.
"Rest home"means a building or a group of buildings which provides nursing, dietary and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental institutions.
"Restaurant with alcohol"means any establishment, which is regularly used, kept open for, and in the business of, serving meals for monetary compensation to patrons comprised of the general public. Said premises shall have suitable kitchen facilities connected therewith for the preparation of a variety of complete cooked meals over and beyond such foods as sandwiches or salads. As an ancillary use to the serving of meals to patrons, alcoholic beverages of any type may be served and consumed on the premises, either at the tables with food or at a bar, or both. Live entertainment is allowed by permit and may be provided. Any facility which satisfies the forgoing criteria for a restaurant with alcohol, but which also has area(s) designated for use other than food preparation and consumption such as a bar/lounge area, billiards, pool tables, dart boards, etc. which total in excess of ten percent of the total gross floor area shall be deemed a tavern.
"Restaurant, drive-through and walkup"means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation, from a limited menu, at which orders and food are taken and provided at a counter serving primarily takeout food or any full-service restaurant with a drive-through or walkup counter or window.
"Restaurant, full service"means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads and at which orders are taken and meals are served at the tables by employees of the restaurant.
"Retail sales, new"means the on-site sale of new merchandise, which is open to the general public, not specifically listed under another use classification. This classification includes, but is not limited to, department stores, grocery stores, book stores, clothing stores, candy stores, furniture stores, businesses retailing toys, hobby materials, handcrafted items, shoe stores, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporting goods, kitchen utensils, hardware, home improvement, appliances, antiques, art supplies and services, paint and wallpaper carpeting and floor covering, office supplies, bicycles and new automotive parts and accessories (excludes service and installation).
"Retail sales, used"means the on-site sale of used merchandise that has previously been owned by another individual or party, which is open to the general public, not specifically listed under another use classification. This classification includes, but is not limited to, used merchandise for sale in secondhand stores, thrift stores, consignment stores, pawnshops, and/or E-bay stores.
"Retail store"means a business selling goods, wares, or merchandise directly to the ultimate consumer.
"Ringelmann chart"means a chart which is described in the U.S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of particular smoke.
"Roof"means the external upper covering of any portion of a building or structure, including projections beyond the walls or support of the building or structure, which is permanently attached.
"Roof, flat"means a roof nearly horizontal and level, typically includes a roof with a 2:12 slope or less.
"Roof, gambrel"means a ridged roof with two slopes on either side, the lower slope having the steeper pitch. It is often flared beyond the front and rear of the dwelling forming a deep overhang.
"Roof, hipped (or hip)"means a roof that slopes down to the eaves on all four sides. Although a hipped roof is not gabled, it may have dormers or connecting wings with gables.
"Roof, mansard"means a roof that has two slopes on each of the four sides. The lower slope is steeper than the upper slope. Dormers are often set in the lower slope. The upper slope is usually not visible from the ground.
"Runoff"means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.
"Salvage yard"means any lot or the use of any portion of any lot where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including automobile wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.
"Satellite earth station antenna"means a parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmitting signals for voice, video, or data.
"School"means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the
education code of the state. A school may be either publicly or privately operated.
"School, trade or vocational"means private schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, beauty colleges, business colleges, electronic schools and similar commercial establishments.
"Screening"means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
"Second unit"means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. "Second unit" also includes efficiency units and manufactured homes.
"Section"means any portion of this title immediately preceded by numerals commencing with the number "17."
"Setback line, front"means the line that defines the depth of the required front yard. Said setback line shall be parallel with the street line and be removed therefrom by the perpendicular distance prescribed for the front yard in the zone.
"Setback line, rear or side"means the line that defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in "setback line, front".
"Setback, street side"means, on a lot that abuts two or more streets at their intersection, the line that defines the width of the required side yard on the street side. Said setback line shall be parallel with the street line, removed therefrom by the perpendicular distance prescribed for the yard in the zone.
"Shared parking"means a situation where the same parking spaces can be utilized by two or more different uses and/or businesses due to the differing peak hours of operation of the uses involved.
"Sign"means a name, identification, image, description, display or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization, or business and which is visible from any street, right-of-way, sidewalk, alley, park, or other public property. Customary displays of merchandise or objects without lettering placed behind a store window are not signs or parts of signs for the purposes of these regulations.
"Sign area"means that area included within the outer dimensions of a sign. The area of a single face of double or multiple faced sign shall contain the percentage of the total allowable sign area divided by the number of faces of the sign unless otherwise stated in these regulations. In the case of skeleton letters or other signs placed on a wall without a border the area of each letter, shape, or figure shall be computed by enclosing the letter, shape, or figure within sets of parallel lines. The structural supports for a sign, whether columns, pylons or a building or part thereof, shall not be included in the sign area.
"Sign copy"means any words, letters, figures, designs or symbolic representations incorporated into a sign for the purpose of conveying information or attracting attention to the subject matter.
"Sign height"means the height of a sign measured from the average ground level at the base of the supporting structure to the top of the sign or as otherwise provided for.
"Sign structure"means any structure which supports, or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of a building.
"Sign, awning"means any sign painted or otherwise affixed permanently to the exterior surface of an awning.
"Sign, banner"means a nonpermanent sign composed of fabric, pliable plastic, paper, or other light material not enclosed in a rigid frame or secured or mounted so as to allow movement by the atmosphere to cause movement of the sign, including flags, streamers, and pennants.
"Sign, directional"means on-premises signs designed to guide or direct pedestrian or vehicular traffic.
"Sign, flashing"means any sign having an intermittent variation in the illumination of less than two hours' duration.
"Sign, freestanding"means any sign standing on the ground and not attached or affixed to a building and supported by one or more poles or braces in, or on, the ground which are not a part of the building or structure. The term freestanding sign shall include monument signs and planter signs.
"Sign, gateway"means a sign which announces or advertises the entrance to the city and is located on private property at, or near, one of several specified locations within the city. Such signs may also advertise businesses, goods and services located on the same property with the sign.
"Sign, illegal"means any sign placed without proper governmental authority or approval as required by the regulations in effect at the time said sign was placed. "Illegal sign" also means any nonconforming sign which has exceeded its authorized amortization period.
"Sign, monument"means a sign placed upon a base upon the ground. Such sign shall be constructed of materials that are coordinated with materials used in the construction of the building or development which it is intended to advertise. A monument sign shall be considered a freestanding sign for the purpose of regulations outlined in Chapter
17.02 and
17.15.
"Sign, nonconforming"means a sign which was validly installed under the regulations in effect at the time of such installation, but which would not be permitted under the provisions of current regulations.
"Sign, off-site"means a sign which advertises products, objects or services which are not manufactured, sold, or distributed on the property or premises on which the sign is located.
"Sign, on-site"means a sign which identifies the business or premises or products manufactured, sold, or distributed or services offered by the operator of the business or premises.
"Sign, planter"means a "monument sign" except that shrubs, groundcover or other plantings shall be an integral part of the sign base. Planter signs shall be considered as freestanding signs for the purpose of regulations outlined in Chapter
17.02 and Chapter
17.15.
"Sign, projecting"means a sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the wall.
"Sign, wall"means any sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.
"Single room occupancy (SRO)"means a residence, building, or accessory building other than a motel, hotel, or extended lodging facility, wherein three or more rooms, with or without individual or group cooking facilities are rented to individuals on a non-permanent basis, under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental agent is in residence or building.
"Single-family residence"means an attached or detached building not to contain more than one kitchen where the occupants of the dwelling unit live and function together as a household.
"Site plan"means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulations including lot lines, streets, building sites, reserved open space and other specific development proposals.
"Soil texture"means the classification of soil based on the percentage of sand, silt, and clay in the soil.
"South Coast Air Quality Management District"hereafter referred to as "SCAQMD" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin.
"Special event"means a temporary outdoor use that extends beyond the normal uses and standards allowed by this article. Special events may include, but are not limited to, art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, festivals, home exhibitions, and church bazaars.
"Specific adverse impact"means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
"Specific Plan"means a plan, adopted by city ordinance, which shows the future physical development to be implemented within a specifically defined and circumscribed area of the city. The specific plan describes the types of land uses to be developed on each parcel; a plan for infrastructure in and adjacent to the specific plan area; and written standards, regulations, and policies for such items as architectural design, open spaces, preservation of existing structures, and other relevant factors.
"Square footage, gross"means the number of square feet in all floor levels of a building, including below grade levels, as measured from the finished interior face of the exterior walls.
"Storage yard"means any open space upon which is stored or placed for any length of time, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided that the storage or placement of such items complies with every applicable provision of the city code.
"Storage, self"means a use for the storage of personal goods within multiple individual enclosed storage spaces rented to different individuals and businesses.
"Story"means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and the floor above, more than fifty percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.
"Street"means a public thoroughfare or right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abutting property.
"Structure"means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
"Subdivision"means the division by any person or partnership, firm, corporation, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock more existing dwelling units to a stock operative.
"Subsection"means any division within any numbered section of this title.
"Substantial Improvement"means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
A. Before the improvement is started; or
B. If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, or floor or other structural components of the building commences whether or not that alteration affects the external dimensions of the building. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations as well as structures listed in national or state registers of historic places. |
"Tandem parking"means two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Target unit"means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.
"Tattoo/tattooing"means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. "Tattooing" does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.
"Tavern"means any establishment which is regularly used, kept open for, and in the business of, serving alcoholic beverages for monetary compensation to patrons comprised of the general public; and food such as peanuts, popcorn, pretzels, sandwiches, and salads are also served. And within the establishment there is provided floor area for billiards, pool tables, dart boards, etc., in excess of ten percent of the total floor area. Live entertainment is not provided nor allowed.
"Telecommunications tower"means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless communication facility antennas.
"Temporary use"means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
"Tenant"means the lessee of facility, land, or air space at an applicable development project.
"To place."The verb "to place" and any of its variants, as applied to sign and sign structures, means and include maintaining, erecting, constructing, posting, painting, printing, nailing, gluing, otherwise fastening, affixing, or making visible in any manner.
"Trailer"means the same as "automobile trailer."
"Trailer park"means any area or tract of land intended, maintained, used, or designed for the purpose of supplying a location or accommodation for two or more automobile trailers for human habitation, including all buildings used or intended for use as part of the equipment of such facility, whether or not a charge is made for such use, including "trailer camp," "trailer court," "mobile home park," and similar terms.
"Transit priority area (TPA)"means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the length of time into the future that is included in a Transportation Improvement Program or applicable regional transportation plan.
"Transitional housing"means, pursuant to the
California Health and Safety Code, reduced fee rental housing which offers supportive services (such as job training and counseling to individuals and families) for up to twenty-four months that is designated for recently homeless persons and is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Small transitional housing is permanent housing (so-called group homes) serving six or fewer people is considered a standard residential use and is permitted in all zones where residential uses are permitted.
"Transportation demand management (TDM)"hereafter referred to as "TDM" means the alteration of travel behavior—usually on the part of commuters—through programs of incentives, services, and policies. TDM addresses alternatives to single-occupant vehicles and changes in work schedules that move trips out of peak periods or eliminate them altogether.
"Trip reduction"means reduction in the number of work-related trips made by single-occupant vehicles.
"Truck terminal"means any facility, building or premises used or improved for use for the storage, maintenance, repair or servicing of trucks, trailers, semi-trailers or similar transportation equipment or used primarily in connection with the transportation, transfer or storage of goods, wares or merchandise whether or not such use is conducted outside of or within an enclosed building, but excluding the storage, maintenance, repair or servicing of any such transportation equipment or the storage of goods, wares and merchandise solely as an incident to a conduct of a primary use permitted and lawfully conducted by the owner thereof on such premises.
"Truck, trailer and equipment rental yard"means a business conducted primarily in an open area, where trucks, trailers, various mechanical, landscaping and construction equipment and tools are stored or offered for rent, lease or sale.
"Turf"means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial rye grass, red fescue and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore Paspalum, St. Augustine grass, Zoysia grass and Buffalo grass are warm-season grasses.
"Turf, synthetic"means a man-made, synthetic material manufactured from nylon, polypropylene, polyethylene, or a blend of nylon, polypropylene and polyethylene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn.
"Unimproved"means any lot or parcel of land recorded by the county assessor, not used, employed or legally built upon prior to July 30, 1958.
"Usable open space"means any usable area designated for and to be used for outdoor living, recreation, or landscaping on the ground or unenclosed balcony, or approved roof deck, and may include patios and deck areas of swimming pools and rear yards. No portion of required front yards and side yards, off-street parking space or driveways shall constitute usable open space.
"Use"means the purpose for which land or a building or structure is arranged, designed, or intended or for which either is, or may be occupied or maintained.
"Use, principal"means a primary or predominant activity which occurs at a site. Such a use must be listed in the land use matrix or determined to be similar to a listed use. Such use must occupy a minimum of fifty-one percent of the building. A site or parcel may not have more than one principal use.
"Vanpool"means a vehicle carrying seven to fifteen occupants commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.
"Variance"means a waiver of specific regulations of this title, granted by the city in accordance with the provisions set forth in this title, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
"Vehicle"means any motorized form of transportation, including, but not limited to, automobiles, vans, buses, and motorcycles.
"Warehouse"means a building or portion of a building used for the deposit of personal property for storage, redistribution, or for sale at wholesale or at mail order and where no retail operation is conducted.
"Water efficient irrigation"means the scheduling and management of an irrigation system to supply moisture to a landscape without excess or waste in compliance with the landscape/irrigation criteria set forth.
"Water efficient landscaping"means a landscape that is designed and maintained to function in a healthful and visually pleasing manner in compliance with the landscape/irrigation criteria set forth. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants native to hot/dry environments, xeriscape, and hardscape to achieve an overall landscape concept which is water conserving.
"Wholesale"means sale or resale and not for direct consumption.
"Wind sensing device"means a device that automatically shuts off the irrigation system during times of heavy wind.
"Wine tasting"means the furnishing to customers instruction on the history, nature, values, and characteristics of wine, as well as instruction concerning the methods of presenting and serving the wine when samples of the subject wines are furnished to customers.
"Wireless telecommunications antenna facility"means an unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.
"Wireless telecommunications services"means any personal wireless services as defined in the federal Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.
"Yard"means an open space abutting a front, rear, or side lot line of a lot that is unoccupied and unobstructed from the ground upward, except as otherwise provided in this article. Yard shall also mean the required setback area for a building or structure from a property line.
"Yard, front"means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulations of the zone district in which the property is located.
"Yard, rear"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 the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.
"Yard, side"means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building.
"Zone"means an area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title and shall include "district," "zone district" and "zoning district."
"Zone change"means the legislative act of amending this title by removing an area of land from one zone district and placing it in another zone district on the official zoning map.