Abutting.
Sharing a common boundary, of at least one point contiguous
to, having district boundaries or lot lines in common (i.e., not separated
by an alley, public or private right-of-way, or street).
Accessory building.
A building or part of a building which is subordinate to,
and the use of which is incidental to that of the main building or
use on the same lot.
Accessory use.
A use incidental and subordinate to and devoted exclusively
to the main use of the land or building thereon that does not change
the character of the structure or use.
Accessory use, residential.
A use that is a part of, and clearly incidental and secondary
to, a residence; located on the same lot as a residence; and that
does not change the character of the residential use such as:
(a)
Accessory dwelling unit (ADU)
(c)
Personal property sales (i.e., garage or yard sales).
Adjacent.
Same as abutting, but also includes properties which are
separated by a public right-of-way, not exceeding 120 feet in width.
Administrative adjustment.
A discretionary entitlement, usually granted by the zoning
administrator, which permits limited deviation from the strict application
of the development standards contained in this Zoning Code, based
on specified findings.
Adult business.
See Chapter IX, Special Land Use Regulations, Article 1,
Adult Businesses, for specific definitions and terms.
Alcoholism or drug abuse recovery or treatment facility.
Adult alcoholism or drug abuse recovery or treatment facilities
that are licensed pursuant to section 11834.01 of the California Health
and Safety Code. Alcoholism or drug abuse recovery or treatment facilities
are a subset of residential care facilities.
Alteration (structure).
Any construction, addition or physical change in the internal
arrangement of rooms or the supporting members of a structure, or
change in the appearance of any structure, except paint.
Ambient noise level.
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources, excluding
the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
Antenna.
Any structure, including, but not limited to, a monopole,
tower, parabolic and/or disk shaped device in single or multiple combinations
of either solid or mesh construction, intended for the purpose of
receiving or transmitting communication to or from another antenna,
device or orbiting satellite, as well as supporting equipment necessary
to install or mount the antenna.
Antenna, amateur radio.
An antenna array and its associated support structure, such
as a mast or tower, that is used for the purpose of transmitting and
receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
Antenna, communication.
All types of receiving and transmitting antennas, except
satellite dish antennas and amateur radio antennas. Communication
antenna includes, but is not limited to, cable television antennas,
cellular radiotelephone cell antennas, FM digital communication antennas,
microwave telephone communication antennas, and shortwave communication
and other similar antennas.
Antenna height.
The distance from the property's grade to the highest point
of the antenna and its associated support structure when fully extended.
Antenna, satellite dish.
An antenna intended for the purpose of receiving or transmitting
communication to or from an orbiting satellite.
Antenna, whip.
An antenna and its support structure consisting of a single,
slender, rod-like element which is supported only at or near its base.
Apartment.
A rental or lease dwelling having kitchen facilities in a
structure designed or used to house at least one family, as the term
"family" is defined in this Zoning Code.
Assembly use.
A use conducted in a structure or portion of a structure
for the purpose of a civic, education, political, religious, or social
function or for the consumption or receipt of food and/or beverages.
Assembly use includes, but is not limited to, churches and other places
of religious assembly, mortuaries, primary and secondary schools,
trade and vocational schools, colleges, amusement centers, billiards
parlors, bowling centers, establishments where food or beverages are
served, motion picture theaters, physical fitness facilities, skating
rinks, and dance, martial arts, and music studios. Assembly use does
not include sexually oriented businesses.
Association (homeowners').
The organization of persons who own a lot, parcel, area,
airspace, or right of exclusive occupancy in a common interest development
and who have interests in the control of common areas of such project.
Attic.
Any non-habitable area immediately below the roof and wholly
or partly within the roof framing.
Awning.
A roof-like cover that projects from the wall of a building
for the purpose of shielding the sun or providing an architectural
accent.
Basement.
A space wholly or partially underground and having more than
1/2 of its height, measuring from floor to ceiling, below the average
grade. If the finished floor level directly above the basement is
more than four feet above grade at any point, the basement shall be
considered a story.
Boardinghouse.
A dwelling unit, other than a hotel, wherein rooms are rented
under two or more separate written or oral rental agreements, leases
or subleases or combination thereof, whether or not the owner, agent
or rental manager resides within the dwelling unit. Boardinghouse,
small means two or fewer rooms being rented to a maximum of three
occupants per dwelling unit. Boardinghouse, large means three to six
rooms being rented to a maximum of six occupants per dwelling unit.
Boardinghouses renting two or fewer rooms and having more than three
occupants, or renting more than six rooms and/or having more than
six occupants, per dwelling unit are prohibited.
Building.
Any structure having roof and walls and requiring permanent
location on the ground, built and maintained for the support, shelter
or enclosure of persons, animals, chattels or property of any kind.
Building height.
The distance from the finished grade (as defined in this
section) to the highest point on the roof, including roof-top mechanical
equipment and screening.
Building, main.
The building or buildings within which the principal use
permitted on the lot is conducted.
Carport.
A permanent, roofed structure, not completely enclosed which
is used for vehicle parking.
Central administrative office.
An establishment primarily engaged in management and general
administrative functions performed centrally for other establishments
of the same company.
Churches and other places of religious assembly.
A type of assembly use which has the principal purpose of
religious worship and for which the primary space is a sanctuary.
Religious activities and services held in the sanctuary are conducted
at scheduled times. The use may also include accessory facilities
in the same or separate building that includes classrooms, assembly
rooms, restrooms, kitchen, and a library. Other uses such as, but
not limited to, day care facilities, nursery schools, schools, retail
sales, and services to businesses, are not considered a primary function
of churches and other places of religious assembly.
City.
City of Costa Mesa.
Common area.
Those portions of a project area which are designed, intended
or used in common and not under the exclusive control or possession
of owners or occupants of individual units in planned development
projects or common interest developments.
Common interest development.
A development as defined in State
Civil Code section 1350,
containing two or more common interest units, as defined in Civil
Code section 783; a community apartment project, as defined in State
Business and Professional Code section 11004, containing two or more
rights of exclusive occupancy; and a stock cooperative, as defined
in Business and Professional Code section 11003.2, containing two
or more rights of exclusive occupancy.
Conditional use permit.
A discretionary approval usually granted by the planning
commission which allows a use or activity not allowed as a matter
of right, based on specified findings.
Convenience stores, mini-markets.
A retail store, generally less than 10,000 square feet in
area, that sells a variety of convenience foods, beverages and non-food
items. Fresh dairy products, produce and/or meat may be offered on
a limited basis.
Density bonus.
A minimum increase of 25% over the allowable residential
dwelling unit density as specified by the zoning classification.
Development.
The division of land into two or more lots; the construction,
reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mining, excavation, landfill, or
land disturbance; and any use or extension of the use of land.
Development review.
The processing of a development plan when authority for approval
is vested in the planning division.
Disabled
shall have the same meaning as handicapped.
Dormer.
A vertical window in a projection built out from a sloping
roof.
Driveway, common.
A paved area for vehicle circulation and parking purposes
which features joint use between two or more parties.
Driveway, individual.
The paved area strictly leading to the garage/carport of
a residence. This paved area serves vehicle parking purposes and does
not extend beyond the garage/carport unless a curvilinear design is
necessary for the turning radius.
Dwelling, single-family.
"Dwelling, single-family" or "single-family dwelling" is
a building of permanent character placed in a permanent location which
is designed or used for residential occupancy by one family. A single
mobile home on a foundation system on a single lot is a single-family
dwelling. (See Manufactured housing).
Dwelling, multi-family.
"Dwelling, multi-family" or "multi-family dwelling" is a
building or buildings of permanent character placed on one lot which
is designed or used for residential occupancy by two or more families.
Dwelling unit.
One or more rooms in any building designed for occupancy
by one family, and containing one kitchen unit, including manufactured
housing. (See Manufactured housing).
Easement.
A grant of one or more property rights by the owner for use
by the public, a corporation or another person or entity.
Electronic cigarette.
An electronic and/or battery-operated device used to provide
an inhalable dose of nicotine by delivering a vaporized solution.
The term includes any such device manufactured, distributed, marketed,
or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, or any other
product name or descriptor. The term does not include any medical
inhaler prescribed by a licensed doctor.
Electronic game machine.
Any electronic or mechanical device which upon insertion
of a coin, slug, or token in any slot or receptacle attached to the
device or connected therewith, operates, or which may be operated
for use as a game, contest, or amusement through the exercise of skill
or chance.
Emergency shelters.
A facility that provides immediate and short-term housing
for homeless persons that is limited to occupancy of six months or
less. Supplemental services may include counseling and access to social
programs. No individual or household may be denied to emergency shelter
because of an inability to pay.
Entertainment (live).
Any act, play, revue, pantomime scene, dance act, musical
performance, or any combination thereof, performed by one or more
persons whether or not they are compensated for the performance.
Establishment where food or beverages are served.
Any commercial use that sells prepared food and/or beverages
for consumption on site or off site, either solely or in conjunction
with an ancillary or complementary use. Excluded from this definition
are grocery stores, convenience stores, movie theaters, and other
such uses, as determined by the development services director, where
the sale of food or beverages is clearly incidental to the primary
use. All establishments selling alcoholic beverages for consumption
on-site are included within this definition
Fair housing laws.
The Federal Fair Housing Act, the Americans with Disabilities
Act, and the California Fair Employment and Housing Act, as each statute
may be amended from time to time, and each statute's implementing
regulations.
Family.
One or more persons occupying one dwelling unit and living
together as a single housekeeping unit.
Floor area ratio.
The gross floor area of a building or project divided by
the project lot area upon which it is located.
Garage.
An accessory or attached enclosed building with doors, designed
and/or used for vehicle parking.
Garage sale.
An event for the purpose of selling or trading personal property.
Garage sale includes yard sale.
General plan.
The City of Costa Mesa General Plan as adopted or amended
from time to time by the city council.
Grade.
The lowest point of the finished surface elevation of either
the ground, paving or sidewalk within the area between the building
and the property line, or when the property line is more than five
feet from the building, between the building and a line five feet
from the building.
Grade, finished.
The surface of the ground at a stated location as it exists
after completion of precise grading.
Grade, natural.
The unaltered natural surface of the ground at a stated location.
Gross acreage.
The total area within the lot lines of a lot of land before
public streets, easements or other areas to be dedicated or reserved
for public use are deducted from such lot, and not including adjacent
lands already dedicated for such purposes.
Gross floor area.
The area of all floors within the walls of a structure except
elevator and other vertical shafts (including stairwells) and elevator
equipment areas.
Gross leasable area.
The total floor area designed for tenant occupancy and exclusive
use, including both owned and leased areas.
Group home.
A facility that is being used as a supportive living environment
for persons who are considered handicapped under state or federal
law. A group home operated by a single operator or service provider
(whether licensed or unlicensed) constitutes a single facility, whether
the facility occupies one or more dwelling units. Group homes shall
not include the following: (1) residential care facilities; (2) any
group home that operates as a single housekeeping unit.
Guestroom.
A room occupied or intended, arranged, or designed for occupancy
by one or more guests.
Handicapped.
As more specifically defined under the fair housing laws,
a person who has a physical or mental impairment that limits one or
more major life activities, a person who is regarded as having that
type of impairment, or a person who has a record of that type of impairment,
not including current, illegal use of a controlled substance.
Hazardous materials.
Any material of quantity, concentration, physical or chemical characteristics, that poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment; or any material requiring a Material Safety Data Sheet according to Title
8, section 339 of the State Code of Regulation.
Height.
See Building height and Antenna height.
Home occupation.
Any business or commercial use conducted within a dwelling
unit.
Hotel.
Any building or combination of buildings generally three
or more stories in height containing six or more guest rooms offering
transient lodging accommodations to the general public and providing
incidental guest services such as food and beverage service, recreation
facilities, retail services and banquet, reception and meeting rooms.
Typically, room access is provided through a main or central lobby.
Household
includes all the people occupying a dwelling unit, and includes
people who live in different units governed by the same operator.
Integral facilities.
Any combination of two or more group homes which may or may
not be located on the same or contiguous parcels of land, that are
under the control and management of the same owner, operator, management
company or licensee or any affiliate of any of them, and are integrated
components of one operation shall be referred to as integral facilities
and shall be considered one facility for purposes of applying federal,
state and local laws to its operation. Examples of such integral facilities
include, but are not limited to, the provision of housing in one facility
and recovery programming, treatment, meals, or any other service or
services to program participants in another facility or facilities
or by assigning staff or a consultant or consultants to provide services
to the same program participants in more than one licensed or unlicensed
facility.
Integral uses.
Any two or more residential care programs commonly administered
by the same owner, operator, management company or licensee, or any
affiliate of any of them, in a manner in which participants in two
or more care programs participate simultaneously in any care or recovery
activity or activities so commonly administered. Any such integral
use shall be considered one use for purposes of applying federal,
state and local laws to its operation.
Intersection.
The general area where two or more roadways join or cross.
Kitchen.
Any room, all or part of which is designed and/or used for
storage, refrigeration, cooking and preparation of food.
Landscaping.
Plant materials such as lawn, groundcover, trees and shrubs.
Loft.
An intermediate floor placed within a room, where the clear
height above and below the loft is not less than seven feet, and where
the aggregate area of the loft does not exceed 1/3 of the area of
the room in which it is located.
Lot.
(a)
A parcel of real property when shown as a delineated parcel
of land with a number or designation on a subdivision map or parcel
map recorded in the office of the county recorder, and created in
conformance with the Subdivision Map Act and applicable local ordinances.
(b)
A parcel of real property when shown on a record of survey map
or deed filed in the office of the county recorder, when such map
or deed was filed as the result of and was made a condition of a lot
division approved under the authority of prior ordinances.
Lot area.
The total land area of a project after all required dedications
or reservations for public improvements, including, but not limited
to, streets, parks, schools, and flood control channels. This phrase
does not apply in the planned development zones where the phrase "site
area," as defined in Chapter V, Development Standards, is used.
Lot, corner.
A lot abutting on and at the intersection of two or more
streets which intersect at an angle that is equal to or less than
135 degrees.
Lot, depth.
The average of the horizontal distance between the front
and the rear lot lines.
Lot, development.
The master lot or project site upon which a development will
be constructed.
Lot, individual dwelling unit.
An individual building site or lot within a development intended
for construction of a single attached or detached dwelling unit.
Lot, interior.
A lot abutting only one street, or a lot abutting two streets
which intersect at an angle greater than 135 degrees.
Lot, width.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the front building setback line.
Manufactured housing.
Detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, including structures
known as manufactured homes and mobile homes. For the purpose of this
Zoning Code, a factory-built single-family structure that is manufactured
under the authority of 42 U.S.C. section 5401, the National Manufactured
Home Construction and Safety Standards Act, transportable in one or
more sections, built on a permanent chassis and used as a place of
human habitation, shall be considered a single-family home and shall
be reviewed under the same standards as a sitebuilt structure.
Marijuana.
Has the same definition as that set forth in California Health
and Safety Code section 11018.
Master plan.
The overall development plan for a parcel or parcels which
is depicted in both a written and graphic format.
Master plan of highways.
The graphic representation of the city's ultimate circulation
system contained in the general plan. It illustrates the alignment
of the major, primary, secondary and collector highways.
Median.
A paved or planted area separating a parking area, street,
or highway, into two or more lanes or directions of travel.
Medical marijuana dispensary.
A facility or location where medical marijuana is cultivated
or by any other means made available to and/or distributed by or to
three or more of the following: a primary caregiver, a qualified patient,
or a person with an identification card in strict accordance with
State
Health and Safety Code sections 11362.5 et seq., and 11362.7
et seq., which shall include, but not be limited to, any facility
or location engaging in the retail sale, dispensation, or distribution
of marijuana for medical purposes that does not have an active role
in the cultivation of the marijuana product that it sells, dispenses,
or distributes, or when its cultivation of the marijuana product is
off-site from the facility or location for retail sale, dispensation,
or distribution.
Minor conditional use permit.
A discretionary approval granted by the zoning administrator
which allows a use or activity not allowed as a matter of right, based
on specified findings.
Minor modification.
A discretionary entitlement granted by the planning division,
which permits limited deviation from the strict application of the
development standards contained in this Zoning Code, based on specified
findings.
Mixed use development.
The development of lot(s) or structure(s) with two or more
different land uses such as, but not limited to a combination of residential,
office, manufacturing, retail, public, or entertainment in a single
or physically integrated group of structures.
Mobile home park.
Any area or tract of land where two or more mobile home lots
are rented or leased, held out for lease or rent, or were formerly
held out for rent or lease and later converted to a subdivision, cooperative,
condominium, or other form of resident ownership, to accommodate manufactured
homes or mobile homes. A mobile home park also means a mobile home
development constructed according to the requirements of Part 2.1
(commencing with section 18200) of Division 13 of the State Health
and Safety Code, and intended for use and sale as a mobile home condominium
or cooperative park, or as a mobile home planned unit development.
Motel.
Any building or combination of buildings of one to three
stories in height having six or more guest rooms with parking located
convenient to the guest rooms and providing temporary lodging for
automobile tourists and transient visitors. Typically, guest rooms
have direct access to available parking without passing through a
common lobby area. Motels also include auto courts, tourist courts,
motor lodges, motor inns and motor hotels.
Open space.
An area that is intended to provide light and air, and is
designed for either environmental, scenic or recreational purposes.
Open space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreational areas, playgrounds, fountains,
swimming pools, wooded areas; first floor decks; unenclosed patios
with solid or lattice roofs; water courses; and surfaces covered by
not more than five feet in depth by projections which are at least
eight feet above grade.
Open space
shall not include the following: driveways; parking lots;
other surfaces designed or intended for vehicular travel; and upper
floor decks, balconies or areas under projections which are less than
eight feet above grade.
Open space, common.
An area of land reserved primarily for the leisure and recreational
use of all residents of a planned development or common interest development
and owned in common by them, generally through a homeowners' association.
Open space, private.
An area of land located adjacent to an individual dwelling
unit, owned or leased and maintained by its residents, and reserved
exclusively for their use.
Operator
means a company, business or individual who provides residential
services, i.e., the placement of individuals in a residence, setting
of house rules, and governing behavior of the residents as residents.
Operator does not include a property owner or property manager that
exclusively handles real estate contracting, property management and
leasing of the property and that does not otherwise meet the definition
of operator.
Organizational documents.
The declaration of restrictions, articles of incorporation,
bylaws, and any contracts for the maintenance, management or operation
of all or any part of a project.
Parkway.
The area of a public street that lies between the curb and
the adjacent property line or physical boundary definition, which
is used for landscaping and/or passive recreational purposes.
Paved area.
Ground surface covered with cobblestone, clay-fired bricks,
concrete precast paver units, poured concrete with or without decorative
surface materials, or asphaltic or rubber mixture which may include
sand, stone, or gravel as an ingredient to create a hard surface.
A graded natural surface or one covered with rolled stone or overlaid
with loose gravel is not considered paved area.
Peak hour.
The hour during the AM peak period (typically 7:00 a.m.—9:00
a.m.) or the PM peak period (typically 3:00 p.m.—6:00 p.m.)
in which the greatest number of vehicle trips are generated by a given
land use or are traveling on a given roadway.
Permitted use.
Any use allowed in a land use zoning district without requiring
a discretionary approval, and subject to the provisions applicable
to that district.
Planned development.
A land area which is developed as an integrated unit under
single ownership or control and having planned development zoning
designation.
Planning application.
A broad term for any development project or land use which
requires the discretionary review and approval of either the planning
division, zoning administrator, planning commission, or city council.
Planning applications include administrative adjustments, conditional
use permits, development reviews, variances, etc.
Planning division.
The planning division of the development services department
of the City of Costa Mesa.
Property line.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
Property line, front.
For interior lots, the narrowest property line of a lot abutting
a public or private street. If two or more equal property lines are
narrowest, the front shall be that property line across which the
development takes its primary access (if the primary access is determined
to be equal, there shall be two front property lines). However, for
non-residentially zoned property, any property line abutting a public
street designated as a secondary, primary or major street on the master
plan of highways shall be deemed a front property line. A non-residentially
zoned property shall have more than one front property line when it
abuts more than one street designated as secondary, primary, or major
on the master plan of highways.
For R-1 zoned property located on corner lots, the front property
line may be the property line towards which the front of the dwelling
unit is oriented.
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Property line, rear.
The property line opposite the front property line. A corner
lot with more than one front property line shall have more than one
rear property line. Irregularly shaped lots may also have more than
one rear property line.
Property line, ultimate.
The boundary of a lot after the dedication of land for use
as public right(s)-of-way, whether dedicated in fee or by easement.
A setback is measured from the ultimate property line.
Public area.
Establishments where food or beverages are served. That portion
of an establishment reserved for the exclusive use of the public for
the receipt or consumption of food and/or beverages. For the purpose
of this Zoning Code, public area shall not include restrooms, kitchens,
hallways or other areas restricted to employees only.
Public hearing.
A public proceeding conducted for the purpose of acquiring
information or evidence which may be considered in evaluating a proposed
action, and which affords to any affected person or persons the opportunity
to present their views, opinions, and information on such proposed
applications. "Mandatory hearings" are those required to be held by
law, and "discretionary hearings" are those which may be held within
the sole discretion of the hearing body.
Public right-of-way.
A strip of land acquired by reservation, dedication, prescription
or condemnation and intended to be occupied by a road, trail, water
line, sanitary sewer and/or other public uses.
Recyclable materials.
Reusable materials, including, but not limited to, metals,
glass, plastic and paper which are intended for reuse, remanufacture
or reconstruction. Recyclable materials do not include refuse, hazardous
materials or hazardous waste.
Recycling.
The process by which waste products are reduced to raw materials
and transformed into new products.
Recycling and collection facility.
A building or enclosed space used for the collection and
processing of recyclable materials for preparation for shipment, or
to an end user's specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding,
cleaning or remanufacturing.
Referral facility.
A residential care facility or a group home where one or
more person's residency in the facility is pursuant to a court order
or directive from an agency in the criminal justice system.
Residential care facility.
A residential facility licensed by the state where care,
services, or treatment is provided to persons living in a supportive
community residential setting. Residential care facilities include,
but may not be limited to, the following: intermediate care facilities
for the developmentally disabled (
Health & Safety Code §§
1267.8, 1267.9); community care facilities (
Health & Safety Code
§ 1500 et seq.); residential care facilities for the elderly
(
Health & Safety Code § 1569 et seq.); residential care facilities
for the chronically ill (22
C.C.R. § 87801(a)(5); Health &
Safety Code § 1568.02); alcoholism and drug abuse facilities
(
Health & Safety Code §§ 11834.02—11834.30); pediatric
day health and respite care facilities (
Health & Safety Code §
1760 et seq.); residential health care facilities, including congregate
living health facilities (
Health & Safety Code §§ 1265—1271.1,
1250(i), 1250(e), (h)); family care home, foster home, group home
for the mentally disordered or otherwise handicapped persons or dependent
and neglected children (Wel. & Inst. Code §§ 5115—5120).
Residential, multi-family.
Apartments, common interest developments, townhouses and
similar multiple-family residential developments, including detached
single-family homes where there is more than one primary dwelling
unit on a lot.
Room, bedroom.
A fully-enclosed room designed or intended to be used for
sleeping purposes within a residence that typically includes a closet
and is separated from the other living spaces with a door.
Room, home office.
A room designed and intended to be used for a household office
or small business related activity within a residence. Within a single-family
detached residence, this room is strictly not intended for sleeping
purposes, and lacks direct access to a bathroom. The home office may
also be referred to as a studio, den, study or library.
Senior congregate care facility.
A structure(s) providing residence for 13 or more senior
citizens with kitchen, dining, recreational, etc. facilities with
separate bedrooms and/or living quarters.
Setback.
The required distance that a building, structure, parking
or other designated item must be located from a property line or lot
line. A setback is measured from the ultimate property line.
Single housekeeping unit.
The occupants of a dwelling unit have established ties and
familiarity with each other, jointly use common areas, interact with
each other, share meals, household activities, and expenses and responsibilities;
membership in the single housekeeping unit is fairly stable as opposed
to transient, members have some control over who becomes a member
of the household, and the residential activities of the household
are conducted on a nonprofit basis. There is a rebuttable presumption
that integral facilities do not constitute single housekeeping units.
Additional indicia that a household is not operating as a single housekeeping
unit include, but are not limited to: the occupants do not share a
lease agreement or ownership of the property; members of the household
have separate, private entrances from other members; members of the
household have locks on their bedroom doors; members of the household
have separate food storage facilities, such as separate refrigerators.
Single room occupancy residential hotel.
A residential hotel, allowed in certain commercial zones,
that contains units designed for long-term occupancy by a single person,
although double occupancy may be permitted.
Slope.
The degree of deviation of a surface from the horizontal
plane, usually expressed in percent or degrees.
Small lot subdivision.
A residential development containing a maximum of 15 detached
or townhome style units with no common walls where each unit is independently
constructed on an individual parcel and the land is subdivided into
fee simple parcels containing each unit. Each individual lot is provided
with either a direct access to public street/alley or an easement
access through a recorded subdivision map.
Smoking lounge.
Any facility or location whose business operation, whether
as a primary use or an ancillary use, is characterized by the sale,
offering, and/or preparation of smoking of tobacco, cigars, hookah,
electronic cigarettes, or similar products, including but not limited
to establishments known variously as hookah parlors, vaping lounges,
or cigar bars.
Smoking/vaping retailer.
A smoke shop, electronic cigarette retailer, vapor cigarette
retailer, or any other retail business that sells tobacco, electronic
cigarettes, and related products primarily for off-site consumption.
Smoking/vaping retailers shall not include food or beverage service,
outdoor seating, or an indoor seating area greater than 100 square
feet in area.
Sober living home.
A group home for persons who are recovering from a drug and/or
alcohol addiction and who are considered handicapped under state or
federal law. Sober living homes shall not include the following: (1)
residential care facilities; (2) any sober living home that operates
as a single housekeeping unit.
Specialty store.
A retail store less than 3,000 square feet in area with hours
of operation between 6:00 a.m. and 11:00 p.m. A specialty store offers
a combination of foods and beverages for off-site use or consumption
and provides for alcoholic beverage sales that are incidental to the
primary use. No more than 10% of the total merchandise area of the
retail floor may be devoted to display or sale of alcoholic beverages
and only non-refrigerated alcoholic beverages may be offered. A specialty
store must comply with the operational standards of section 13-200.72.
Specific plan.
A plan consisting of text, maps, and other documents and
exhibits regulating development within a defined area of the city,
consistent with the general plan and the provisions of State Government
Code section 65450 et seq.
Story.
For purposes related to zoning regulations, a story is that
portion of a building included between the surface of any floor and
the surface of the floor next above it. If there is no floor above
it, then the space between such floor and the ceiling next above it
shall constitute a story. An attic shall not be considered a story.
A basement or cellar shall not be considered a story, if the finished
floor level directly above the basement or cellar is less than four
feet above finish grade at all locations. Any uncovered deck or activity
area above the first story shall be considered a story.
Street.
A public or private thoroughfare that provides primary access
to adjacent land and local traffic movements. Streets do not include
driveways which only provide access to parking areas.
Structure.
Anything, including a building, located on the ground in
a permanent location or attached to something having a permanent location
on the ground.
Supportive housing.
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.
Supportive housing that is provided in single-family dwelling, multi-family
dwelling units, residential care facilities, or boarding house uses,
shall be permitted, conditionally permitted or prohibited in the same
manner as the other single-family dwelling, multi-family dwelling
units, residential care facilities, or boarding house uses under this
Code.
Tandem parking.
An arrangement of parking spaces one behind the other in
a row of maximum two cars including one in the garage space. Tandem
garage parking is defined as the placement of standard parking spaces
one behind the other within the enclosed area of a garage.
Townhouse.
A single-family attached dwelling unit located on an individual
dwelling unit lot, and is part of a row of units that contains three
or more dwelling units.
Transitional housing.
A development with buildings configured as rental housing
developments, but operated under program requirements that call for
the termination of assistance and recirculation of the assisted unit
to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months. Transitional
housing that is provided in single-family dwelling, multi-family dwelling
units, residential care facilities, or boarding house uses, shall
be permitted, conditionally permitted or prohibited in the same manner
as the other single-family dwelling, multi-family dwelling units,
residential care facilities, or boarding house uses under this Code.
Trip (vehicle).
A one-way vehicular journey either to or from a site, or
totally within the site i.e. internal trip. Each trip has two trip
ends, one at the beginning and the other at the destination.
Trip rate (vehicular).
The anticipated number of vehicle trips to be generated by
a specific land use type or land use classification. The trip rate
is expressed as a given number of vehicle trips for a given unit of
development intensity (i.e., trip per unit, trip per 1,000 square
feet, etc.).
Uncontrolled environment.
A location where there is the exposure (to radiofrequency
radiation) of individuals who have no knowledge or control of their
exposure. The exposures may occur in living quarters or work places
where there are no expectations that the exposure levels may exceed
the exposure and induced current levels permitted for the general
public.
Underroof.
All of the area within the walls of the building that a roof
covers. Areas under porches, roof overhangs, garage protrusions, breezeways
and other similar architectural design features are not considered
as underroof.
Unit.
A particular building or structure, or portion thereof, that
is designed, intended or used for exclusive occupancy, possession
or control of individual owners or occupiers, whether or not they
have interests in common areas of the project.
Use.
The purpose (type and extent) for which land or a building
is arranged, designed, or intended, or for which either land or a
structure is occupied or maintained.
Warehouse, mini.
A structure or group of structures for the dead storage of
customer's goods and wares where individual stalls or lockers are
rented out to different tenants for storage and where at least one
of the stalls or lockers has less than 500 square feet of floor area.
Warehouse, public.
A structure or group of structures for the dead storage of
customer's goods and wares where individual stalls or lockers are
rented out to different tenants for storage and where all the stalls
or lockers have more than 500 square feet of floor area.
Variance.
A discretionary entitlement, usually granted by the planning
commission, which permits departure from the strict application of
the development standards contained in this Zoning Code, based on
specified findings.
Yard.
Any open space on a lot unoccupied and unobstructed from
the ground upward, except an inside court.
Yard, front.
The yard between the front line of a building and the front
line of the lot upon which the building is located.
Yard, rear.
The yard extending from the extreme rear line of the main
building to the rear lot line on which the building is situated.
Yard, side.
The yard extending from the front yard, or from the front
lot line where no front yard is required, to the rear yard or rear
lot line, between the side lot line and the nearest wall of the main
building or any accessory structure attached thereto.
Zero lot line.
The location of a structure on a lot in such a manner that
one or more of the structure's sides rest directly on a lot line.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord.
No. 00-5, § 1(a), 3-20-00; Ord. No. 01-16, § 1a., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5-06; Ord.
No. 09-3, §§ 1a., b., 5-19-09; Ord. No. 09-4, § 1a., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2A., 3-19-13; Ord. No. 13-05, § 1, 12-3-13; Ord. No. 14-04, § 2A., 4-1-14; Ord. No. 14-13, § 1, 10-21-14; Ord. No. 15-10, § 2A, 9-15-15; Ord. No. 15-11, § 1, 11-17-15; Ord. No. 16-01, § 1, 1-19-16; Ord. No. 18-03, § 2, 1-16-18; Ord. No. 21-03, § 3, 3-2-21; Ord. No. 21-20, § 1, 12-7-21)