For the purposes of this title, certain terms used herein are
defined as follows in this chapter.
“Abut”
means contiguous to. For example, two (2) adjoining lots
with a common property line are considered to be abutting.
“Access” or “access way”
means the place, means or way by which pedestrians and vehicles
have safe, adequate and usable ingress and egress to a property or
use as required by this title.
“Accessory building”
means a building, part of building, structure which is subordinate
to, and the use of which is incidental to, that of the main building,
structure or use on the same lot, and includes elevated decks. It
does not mean separate living quarters or guest house.
“Accessory use”
means a use incidental, appropriate, subordinate and devoted
exclusively to the main use of the lot or building.
“Acupressure clinic”
means an establishment having a fixed place of business where
the act of applying manual pressure to parts of the body with the
intention of treating illness and/or disease or relieving pain is
practiced.
“Adaptive reuse plan”
refers to a detailed plan for reusing an old site or building
for a purpose other than which it was originally designed for. Adaptive
reuse seeks to preserve existing buildings by retrofitting spaces
for new uses while retaining much of the original features of the
structure, and making use of existing infrastructure and transportation
networks. Adaptive reuse plans are prepared by preservation professionals.
“Adjusted gross floor area”
means, when used to calculate off-street parking, gross floor
area less the aggregate area devoted to indivisible public access
ways (such as corridors, elevators and foyers) and other similar such
uses which do not, as a practical matter, result in higher building
occupancy.
“Advertising area”
means the total square foot area of all sign facing (except
double face signs which shall be computed as one (1) face) and includes
only that portion of the supporting structure or trim which carries
any wording, symbols, or pictures.
“Advertising structure”
means a structure of any kind or character erected or maintained
for outdoor advertising purposes, upon which any poster, bill printing,
painting or other advertisement of any kind whatsoever may be placed,
including statuary, for the purpose of advertising the business or
activity on the premises, but shall not include official notices issued
by any court or public body or officer, notices posted by any public
officer in performance of a public duty or by any person in giving
legal notice; directional, warning or information structures required
or authorized by law or by federal, state or county authority.
“Airport”
means any area which is used or is intended to be used for
the taking-off and landing of aircraft, including helicopters, and
appurtenant areas which are used or are intended to be used for airport
building or facilities, including open spaces, taxiways, and tiedown
areas.
“Alley”
means a public thoroughfare which affords only a secondary
means of access to abutting property.
“Altered”
means the same as “structural alterations.”
“Amendment”
means the changing of boundaries of districts, or by changing
any other provisions thereof by addition, deletion or change in the
wording, context or substance of this title.
“Antique or collectible store”
is a physical retail store specializing in the selling of
antiques. Antiques are defined as a collectible object such as a piece
of furniture or work of art that has a high value because of its considerable
age. A collectible shop is a physical retail store specializing in
the selling of objects that are suitable for collecting, typically
an original work of art, sculpture, craft or antique. However, these
items can range from extremely valuable objects to simple things that
may only hold value to the collector. These items are may be viewed
as investments by collectors and they may appreciate in value over
time.
“Apartment”
means a room or set of rooms fitted especially with housekeeping
facilities and used as a dwelling.
“Artisan/handcraft shop”
means retail stores selling art glass, ceramics, jewelry,
and other handcrafted items. The facility can include an area for
the crafting of the items being sold.
“Automobile court or motel”
means a group of two (2) or more detached or semi-detached
buildings containing guest rooms or apartments with auto storage space
serving such rooms or apartments provided in connection therewith,
which group is designed and used primarily for the accommodations
of transient automobile travelers.
“Automobile wrecking”
means the dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled or wrecked
vehicles or their parts.
“Awning”
means any permanent or removable projection designed for
shade, attached to the building by brackets or other means, but not
having any direct connection or support on the ground.
“Basement”
means a space wholly or partly underground, and having more
than one-half (1/2) of its height, measuring from its floor to its
ceiling, below the average adjoining grade. If the finished floor
level directly above a basement is more than six (6) feet above grade
at any point, such basement shall be considered a story.
“Bed & breakfast”
means a guest house or small hotel offering sleeping accommodations
and a morning meal. This does not include owners of single-family
homes renting individual rooms.
“Bike parking—Long-term”
means a volume of space that can accommodate locked storage
of one (1) or more bicycles or an area located inside a building where
bicycles can be stored. Generally for longer term storage of bicycles.
“Bike parking—Short-term”
means a fixture to which one (1) or more bicycles can be
securely locked. Generally for two (2) hours or less.
“Billboard”
means any sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises, and only incidentally on the premises if at all.
“Boarding or rooming house”
means a dwelling other than a hotel where lodging with or
without meals for five (5) and not more than fifteen (15) persons
is provided for compensation but not including rest homes, nursing
homes, or boarding schools.
“Boarding school”
means a private institution of learning operated with or
without a profit which offers regular academic instruction at kindergarten,
elementary, secondary, trade school or collegiate levels equivalent
to the standards prescribed by the State Board of Education, in which
the students reside on the premises and are provided board and lodging
in conjunction with their schooling.
“Breezeway”
means a roofed passageway, open on at least one (1) side,
where the roof is in keeping with the design and construction of the
main building. Such “breezeway” shall be considered an
inner court created by a roof structure connecting two (2) buildings.
“Building”
means any structure having a roof supported by columns or
by walls designed for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
Building, Main.
“Main building” means a building within which
is conducted the principal use permitted on the lot, as provided by
this title.
“Building site”
means a lot or parcel of land, in single or joint ownership,
and occupied or to be occupied by a main building and accessory buildings,
or by a dwelling group and its accessory buildings, together with
such open spaces as are required by the terms of this title and having
its principal frontage on a street, road or highway.
“Business”
means the purchase, sale or other transaction involving the
handling or disposition (other than that included in the term “industry,”
as defined herein) of any article, substance or commodity for livelihood
or profit, including in addition, operation of automobile or trailer
parks, tourist courts and motels, public garages, office buildings,
offices of doctors and other professionals, outdoor advertising signs
and structures, public stables. recreational and amusement enterprises
conducted for profit, shops for the sale of personal services, places
where commodities or services are sold or are offered for sale either
by direct handling of merchandise or by agreements to furnish them,
but not including dumps and junkyards. “Business” means
the same as “commerce.”
“Business face”
means computed square footage of the front face of the building
or store occupied by an individual business, measured by the lineal
foot of frontage multiplied by the height extending from finished
grade to the ceiling line of the most upper story.
“Business frontage”
means the property lines or lease lines of a business which
abuts on a dedicated street or highway right-of-way line.
“Business identification sign”
means any sign erected or maintained for the purpose of identifying
a bona fide business being conducted upon the premises on which the
sign is located.
“By right development”
means developments that are permitted without a discretionary
review process but do require planning and development ad hoc committee
review and planning division review to ensure compliance with zoning
standards.
“Canopy”
or “tarp” means any roof-like structure, tent,
canopy, or combination thereof, with or without walls, supported by
columns, poles, braces, ropes, stakes, or a combination thereof, whether
freestanding or secured to the ground or any other structure, that
is enclosed or covered on one or more sides, or the top, by fabric,
canvas, nylon, vinyl, plastic or other nonrigid material. Canopy or
tarp shall include, but is not limited to, tent-like patio covers
and temporary roof-like structures used to store vehicles.
“Carport”
means a permanent roofed structure with not less than two
(2) enclosed sides, used for automobile shelter and storage only.
“Catalyst site”
means the first entitled project within the TOD zone and
has the following characteristics:
(1)
The catalyst site shall be a minimum of one (1) acre and shall
contain no less than sixty-five (65) dwelling units per acre;
(2)
This site is permitted to be all residential, acting as a catalyst
to further development in the zone. The catalyst site is permitted
to be all residential (not mixed use) but is not required to be all
residential; and
(3)
Should the first entitled project be withdrawn after entitlement,
the next entitled project may be all residential only if there have
been no other large scale projects entitled or developed in the zone.
As a residential only project, the catalyst site may be exempt from
the following development standards:
(i)
Wrapped parking structure (Section
23.111.040 Table 2 (8)(z)), however any proposed parking structure shall include design and landscape features to mitigate the visual impacts of the parking structure;
(ii)
Fifteen (15) foot ground floor to ceiling height (Sections
23.111.030(E) and
23.111.040 Table 2 (5)); however no less than ten (10) feet; and
(iii)
Commercial at ground floor (Section
23.111.030 Table 1 (15)), however any proposed first floor residential shall include architectural features designed to create consistency with the TOD first floor commercial streetscape.
“Child”
and “parent” shall have the same meaning as defined
in California
Probate Code Sections 26 and 54, respectively. In the
event of any renumbering or repeal of Sections 26 and/or 54, the successor
definition(s) provided pursuant to the provision shall apply.
“Church”
means a permanently located building commonly used for religious
worship fully enclosed with walls and having a roof and conforming
to the provisions of this title.
“City”
means the city of Placentia.
“Civic center”
means any city governmental building or facility established
for the use by or service to the residents of the city.
“Clinic”
means a place for group medical services not involving overnight
housing of patients.
“Club”
means an association of persons (whether or not incorporated),
religious or otherwise, for social purpose, but not including groups
which are organized primarily to render a service carried on as a
business for profit.
“Combining district”
means any district in which in addition to the permitted
uses and regulations of the underlying or base district there is another
permitted or combining use with special regulations attached thereto.
Computation of Time.
The word “day” means calendar day. The time in
which any act provided herein is to be done is computed by excluding
the first day, and including the last, unless the last day is a holiday
and then it is also excluded.
“Condominium”
means an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together
with a separate interest in space in a residential, industrial or
commercial building on such real property, such as an apartment, office
or store. A 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;
(3)
An estate for years, such as a leasehold or a sublease hold.
Council, City.
The words “council” or “city council”
mean the city council of the city of Placentia.
“Courtyard”
means an open space created by a minimum of three (3) sides
of a courtyard building and used for private recreation in residential
developments.
“Courtyard housing”
means a building type consisting of residences that can be
arranged in several possible configurations: townhouses, townhouses
over apartments, apartment over apartments, where an apartment occupies
a single floor.
“Cross alley development”
means a single development that incorporates multiple properties,
in which a portion of the development spans the alley overhead, or
the alley is vacated, or the development parcels on either side keep
the alley public right-of-way, but incorporate the alley into the
design, tying it visually into the architecture and design of the
developments on either side. If the alley is not vacated, it would
remain public right-of-way. Vehicular or pedestrian access from the
alley to the new development would be permissible.
“Day nursery”
means any group of buildings, building or portion thereof
used primarily for the daytime care of children.
Deck, Elevated.
“Elevated deck” means an open or partially enclosed
structure designed for seating and elevated twelve (12) inches or
more above the ground floor pad elevation.
“Display frontage”
means the lineal foot of display frontage for those businesses
where the principal display of merchandise is located outside of a
main building.
“District”
means a land area shown or described in the land use zoning
map to which uniform regulations apply.
“Dormitory”
means a room designed, intended or occupied as sleeping quarters
by three (3) persons or more. Every one hundred (100) square feet
of total enclosed floor area in a dormitory shall be considered as
a separate guest room for purpose of calculating off-street parking
requirements.
“Drive-in”
means an establishment which provides parking facilities
and service to those facilities in order that patrons may utilize
on-site goods and/or services without leaving their vehicles. Said
drive-in service may be in conjunction with, or exclusive of, any
other form of service, including drive-through or conventional seating.
“Drive-through”
means an establishment which offers service via a convenience
automobile drive aisle and associated facilities in order that patrons
may utilize goods and/or services without leaving their vehicles.
Said drive-through service may be in conjunction with, or exclusive
of, any other form of service, including drive-in or conventional
seating.
“Driveway”
means an access way to a required off-street parking facility.
A driveway shall be paved to a minimum width of ten (10) feet and
shall be open and unencumbered to a height of not less than eight
(8) feet. It shall be safe and usable.
“Dump”
means a place used for the disposal, abandonment, discarding,
dumping, reduction, burial, incineration or by any other means of
any garbage, trash, refuse or waste material.
Dwelling, Multiple.
“Multiple dwelling” means a detached building
designed and used for occupancy by three (3) or more families, all
living independently of each other and having separate kitchen facilities
for each family.
Dwelling, Single-Family.
“Single-family dwelling” means a building designed
for, or used to house not more than one (1) family, including all
necessary employees of such family, and having a kitchen facility
for only one (1) family.
Dwelling, Two-Family or Duplex.
“Two-family or duplex dwelling” means a building
designed or used exclusively for the occupancy of two (2) families,
living independently of each other and having separate kitchen facilities
for each family.
Easement, Public.
“Public easement” means a space on a lot or parcel
of land, and so indicated on a subdivision map or in a deed restriction
reserved for or used for public utilities or public uses.
“Eating place”
means an establishment which is used for the serving of food
and beverages to patrons for compensations, exclusive of those establishments
offering convenience seating only (eight (8) or fewer seats) or offering
just take-out service.
“Educational institution”
means public, parochial and other nonprofit institutions
conducting regular academic instruction at kindergarten, elementary,
secondary and collegiate levels, and includes graduate schools, universities
and nonprofit research institutions. Such institutions must either:
(1)
Offer general academic instruction equivalent to the standards
prescribed by the State Board of Education; or
(2)
Confer degrees as a college or university of undergraduate or
graduate standing; or
(3)
Conduct research. This definition does not include schools,
academies or institutes, incorporated or otherwise, which operate
for a profit, nor does it include commercial or trade schools.
“Electric vehicle charging stations”
means:
(1)
Level 2: 240-volt: Level 2 requires charging equipment to be
purchased and installed and provides about ten (10) to twenty (20)
miles of range per hour of charge. From empty, a full size battery
electric car takes about four (4) to seven (7) hours to recharge.
(2)
DC Fast Charging: 440-volt: DC fast charging provides up to
an eighty (80) percent charge in about thirty (30) minutes.
“Emergency shelter”
means a facility that provides immediate and short-term housing
and may offer supplemental services to homeless persons or families
on a first-come, first-serve basis where people must vacate the facility
each morning and have no guaranteed bed for the next night. Supplemental
services may include counseling, food and access to social programs.
“Entitled project”
means a project that has obtained final approval of all necessary
planning and other land use approvals.
“Family”
means an individual or two (2) or more persons related by
blood, marriage or adoption, or a group of not more than six (6) persons,
excluding servants, who are not related by blood, marriage or adoption,
living together as a single housekeeping unit in a dwelling unit.
“Family day care”
means regularly provided care, protection and supervision
of fourteen (14) or fewer children, in the provider’s own home,
for periods while the parents or guardians are away and includes “large
family day care home” and “small family day care home.”
“Fast food place”
means establishment which is used for the serving of food
and beverages to patrons for compensation and which provides convenience
seating only (eight (8) or fewer seats) and/or offers just take-out
service.
“Fence”
means any device forming a physical barrier between two (2)
areas. This includes wire mesh, steel mesh, chainlink, louver, stake,
masonry, lumber and other similar materials.
“Fraternity and sorority houses”
means a premises established as a place of meeting and/or
residence for a group of individuals joined together by common interests
for fellowship, such as certain religious orders, Greek-letter organizations
and social clubs.
“Freeway”
means a highway with respect to which the owners of abutting
lands have no right of easement or access to or from their abutting
lands, or in respect to which such owners have only limited or restricted
easement or access and which is declared to be such in compliance
with the
Streets and Highways Code of the state.
Frontage, Display.
“Display frontage” means the lineal foot of display
frontage for those businesses where the principal display of merchandise
is located outside of a main building.
Frontage, Lot.
“Lot frontage” means the line where a lot abuts
on a dedicated street or highway right-of-way line. Frontage is expressed
in lineal feet and is measured along such right-of-way line. Where
a future street or highway right-of-way line has been established
on the general plan or other official plan, frontage shall be measured
along that line.
“Garage”
means an accessible and usable covered and completely enclosed
space of not less than ten (10) feet by twenty (20) feet per space
and used for vehicular and general storage purposes only. Such garage
is to be so located on the lot so as to meet the requirements of this
title for an accessory building, or if attached to the main building,
to meet all the requirements applicable to the main building.
Garage, Pass-through.
“Pass-through garage” means a garage with a rear
door, of a minimum of seven (7) feet in height and nine (9) feet in
width.
Garage, Public.
“Public garage” means any premises used exclusively
for storage of vehicles or where such vehicles are kept for hire.
“Garage space”
means an accessible and usable uncovered space for the parking
of automobiles off the street. Such space is to be sized and located
on the lot so as to meet the requirements of this title.
“General retail”
means a business or person who sells goods to an individual
consumer as opposed to a wholesaler or supplier, who normally sell
their goods to another business. Any retail transaction, which has
a good sold, is taxable by the State Board of Equalization.
“Green”
means available for informal active and passive recreation.
A green may be spatially defined by ground plan landscape and informal
trees and/or buildings.
“Gross floor area”
means the sum of the gross horizontal areas of the several
floors of the building excluding areas used for accessory garage purposes
and such basement and cellar areas as are devoted exclusively to uses
accessory to the operation of the building. All horizontal dimensions
shall be taken from the exterior faces of walls including walls or
other enclosures of enclosed porches. Whenever the term “gross
floor area” is used in this title as a basis for requiring off-street
parking for any structure, it shall be assumed that, unless otherwise
stated, such floor area applies not only to the ground floor area
but also to any additional stories or basement of such structure.
“Guest house (accessory living quarters)”
means living quarters within a detached accessory building
located on the same premises with the main building, for use by persons
employed on the premises or for the temporary use of guests of the
occupant of the premises, such quarters having no separate kitchen
facilities and not rented or otherwise used as a separate dwelling
unit.
“Guest room”
means a room which is designed to be occupied by one (1)
or more guests for sleeping purposes, but not including dormitories.
Height, Building.
“Building height” means the vertical distance
from the average level of the highest and lowest point of that portion
of the lot covered by the building to the highest point of the building
exclusive of chimneys and ventilators and other exceptions to building
height permitted in the zones.
“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 use does not change the character thereof, or does not adversely
affect the uses permitted in the zone of which it is a part. Home
occupations may be engaged in where permitted by this title; provided
the home occupation is conforming with the purpose, criteria and conditions
set forth in this title.
“Hospital”
means any building or portion thereof used for the accommodation
and medical care of sick, injured or infirm persons and includes sanitariums,
alcoholic sanitariums and institutions for the cure of chronic drug
addicts and mental patients.
Hospital, Animal.
“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. Use as a kennel shall be only incidental
to such hospital use.
“Hostess clubs”
means nightclubs where staff cater to and/or engage with
customers seeking drinks and/or attentive conversation. Typically
the staff will be scantily clad. These are also called “bikini
bars,” “bee clubs,” and other similar descriptions.
“Hotel”
means any building or portion thereof containing six (6)
or more guest rooms or suite of rooms used, designed or intended to
be used, let or hired out to be occupied, for compensation or hire
to be paid directly or indirectly.
“Industry”
means the manufacture, fabrication, processing, reduction,
or destruction of any article, substance or commodity or any other
treatment thereof in such a manner as to change the form, character
or appearance thereof, and shall include storage elevators, truck
storage yards, warehouses, wholesale storage and other similar types
of enterprises.
“Integrated development”
means a development consisting of five (5) or more interrelated
business establishments using common driveways and on-site parking
facilities.
“Interested party”
means one who has a direct interest in the matter under consideration
independent of that which he holds in common with the public at large.
The action under consideration must create an actual or potential
interference with his or her interest and be a protectable legal interest.
“Junk”
is 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 use. Any article or material which,
unaltered or unchanged and without further reconditioning cannot be
used for its original purpose as readily as when new shall be considered
junk.
“Junkyard”
means any lot, or the use of any portion of a lot, for the
dismantling or wrecking of automobiles or other motor vehicles or
machinery, or for the storage or keeping for sale of parts and equipment
resulting from such dismantling or wrecking, or for the storage or
keeping of junk, including scrap metals or other scrap materials.
“Kennel”
means any lot or premises on which four (4) or more dogs
or other animals, at least four (4) months of age, are kept, boarded
or trained.
“Kitchen”
means any area intended or designed to be used or maintained
for the cooking and/or preparation of food.
“Land area”
means all that land within the limits of the boundaries set
forth in any zone change of permit application.
“Landscaping”
includes the original planting of suitable vegetation in
conformity with the requirements of this title and the continued maintenance
thereof.
“Large family day care home”
means a home that provides family day care for nine (9) to
fourteen (14) children, inclusive, including children under the age
of ten (10) years who reside at the home.
“Live/work”
means an integrated residence and working space, occupied
and utilized by a single household in a structure that has been designed
or structurally modified to accommodate joint residential occupancy
and work activity. However, such residential use shall only be allowed
on the second floor or above of said live/work space. The interior
residential portion shall be clearly separated and not be visible
from the commercial space.
“Loading space”
means an off-street space or berth on the same lot with a
main building or contiguous to a group of buildings for the temporary
parking of commercial vehicles while loading or unloading, and which
shall abut a street, alley or other appropriate means of ingress and
egress.
“Lot area”
means the total area, measured in a horizontal plane, within
the lot lines of a lot.
Lot, Corner.
“Corner lot” means a lot located at the intersection
of two (2) or more streets at an angle of not more than one hundred
twenty (120) degrees. If the angle is greater than one hundred twenty
(120) degrees, it shall be considered an interior lot.
Lot, Cul-de-Sac.
“Cul-de-sac lot” means a lot fronting on, or
with more than one-half (1/2) its width fronting on the turn-around
end of a cul-de-sac street.
“Lot depth”
means the average horizontal distance between the front and
rear lot lines measured in the mean direction of the side lot lines.
The depth of a cul-de-sac lot shall be measured at its narrowest point.
Lot, Key.
“Key lot” means any lot where the rear lot line
abuts the side lot line of one (1) or more other lots, and not separated
by an alley.
“Lot line”
means any line bounding a lot as herein defined.
Lot Line, Front.
On an interior lot the “front lot line” is the
property line abutting a street. On a corner or reversed corner lot,
the “front lot line” is the corner property line abutting
a street. On a through lot or lot with three (3) or more sides abutting
a street, the commission shall determine which property line shall
be the “front lot line.”
Lot Line, Rear.
“Rear lot line” means a lot line not abutting
a street which is opposite and more distant from the front lot line.
in the case of an irregular triangular or goreshaped lot, a line within
the lot, parallel to and at a maximum distance from the front lot
line, having a length of not less than ten (10) feet. A lot which
is bounded on all sides by streets may have no rear lot line.
Lot Line, Side.
“Side lot line” means any lot line not a front
lot line or rear lot line.
“Lot of record”
means a parcel of land as shown on the records of the county
assessor at the time of passage of the ordinance codified herein.
Lot, Pie-Shaped.
“Pie-shaped lot” means a lot where the side lines
are approximately radial to the curve of the street upon which it
fronts. The width of the lot measured at building setback line shall
not be less than the required minimum lot width of the use zone in
which it is located.
Lot, Reversed Corner.
“Reversed corner lot” means a corner lot, the
side line of which is substantially a continuation of the front lot
lines of the lots to its rear, whether across an alley or not.
Lot, Through.
“Through lot” means a lot having frontage on
two (2) parallel or approximately parallel dedicated streets, not
including a corner or reversed corner lot. The commission shall determine
which frontage or frontages shall be considered as the “lot
front” or lot frontages for the purpose of compliance with yard
and setback provisions of this title.
“Lot width”
means the horizontal distance between the side lot lines
measured at the required building setback line.
“Marquee”
means a permanent, roofed structure attached to and supported
by the building and projecting over public property.
“Massage establishment”
shall have the same meaning as stated in Section 8.40.010
of this code. May. The word “may” is permissive.
“Medical offices/services”
means an office or health facility providing health services
including, without limitation, preventative and rehabilitation treatment,
diagnostic services, testing and analysis. This use includes offices
providing medical, dental, surgical, rehabilitation, podiatric, optometric,
chiropractic and psychiatric services, and medical or dental laboratories
incidental to these offices, but exclude inpatient services and overnight
accommodation.
“Mixed use”
means the combination of non-residential and residential
uses in the same structure or on the same site, where the residential
component is located either above (vertical mixed-use) or behind or
next to (horizontal mixed-use) the non-residential component.
“Motel”
means a building or group of buildings used for transient
residential purposes, containing guest rooms or dwelling units with
automobile storage space provided in connection therewith, which building
or group is designed, intended or used primarily for the accommodation
of transient automobile travelers; including groups designated as
auto cabins, auto courts, motor courts, motor hotels and similar designation.
“Motor home”
means a self-propelled vehicle which is designed to function
as a dwelling unit.
“Motor vehicle”
means a vehicle which is self-propelled. Motor vehicle includes
motor home and camper unit mounted on a truck body.
“Neighborhood market”
means a retail store specializing in fresh produce and staples
including bread, cereal, dairy products, and may include a deli counter.
More than seventy-five (75) percent of floor plan shall be devoted
to food sales.
“Net acreage”
means all that land within the land area except the land
included within the rights-of-way for arterial streets, i.e., primary
and secondary city streets.
“New construction”
means any new ground up building, or any additions/renovations
of more than fifty (50) percent of existing ground floor building
square footage, or any major remodel projects of buildings that are
over ten thousand (10,000) square feet, particularly if that remodel
is to update the use of the property to render it more financially
viable.
“Nightclub”
means any bar, cocktail lounge, discotheque, or similar establishment
which provides entertainment including, but not limited to, music,
dancing, and/or comedy in conjunction with alcoholic beverage sales.
Includes bars, taverns, pubs, karaoke bars, and similar establishments
where any food service is subordinate to the sale of alcoholic beverages.
“Nonconforming building”
means a building or portion thereof lawfully existing on
the effective date of this title, which was designed, erected or structurally
altered for a use which does not conform to the uses permitted in
the zone in which it is located, or which does not comply with one
or more of the property development standards of the zone in which
it is located.
“Nonconforming use”
means a use of a building or land existing on the effective
date of this title which does not conform to the uses permitted in
the zone in which it is located.
“Office use”
means a place of business providing administrative business
professional services such as insurance agencies, real estate offices,
law offices, architectural or design offices, accounting services,
travel agencies, etc. This includes government offices, and postal
facilities and businesses engaged in the production of intellectual
property such as advertising agencies, computer software production
and programming services, educational, scientific and research organizations,
media postproduction services, photography and commercial art studios,
and writers and artists offices. This definition does not include
“banks and financial services.”
“Open uses”
mean those uses which do not have to be associated with buildings
or structures for the carrying on of their trade, service or activity,
such as, but not limited to, automobile sales, contractor’s
storage yards, and equipment rental yards.
“Outdoor sales areas”
means a designated outdoor area that was originally designed
as part of the building for the specific purpose of displaying items
that are directly related to the primary use.
Outdoor Seating Area—Large.
“Large outdoor seating area” means an outdoor
eating area or dining patio containing five (5) or more tables, used
in conjunction with an eating or fast food place.
Outdoor Seating Area—Small.
“Small outdoor seating area” means an outdoor
eating area containing one (1) to four (4) tables with a maximum of
sixteen (16) chairs, used in conjunction with an eating or fast food
place.
Ownership.
Five (5) years from the effective date of the ordinance codified
in this section, “ownership” shall mean fifty-one (51)
percent or more interest in real property including all land, structures,
and all interest in the property.
“Parking in lieu”
means a common parking management strategy wherein the developer
has the option to pay a designated fee per parking space rather than
actually providing some or all of the required on-site parking space(s).
“Parking space”
means space exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of vehicles. A parking space shall be accessible and usable for the parking and conform to the requirements in Chapter
23.78.
“Parking structure”
means a building (or part thereof), which is designed specifically
to be utilized for motor vehicle parking and where there are a number
of floors or levels, either above or below ground level on which parking
of motor vehicles shall take place. Parking structure shall not include
a grade level parking area for which development standards are set
forth in the Zoning or Building Codes.
“Person”
means an individual, firm, copartnership, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, receiver, syndicate, the federal or state government, city,
county, special district or any other group or combination acting
as an entity, except the city.
“Personal services”
means any businesses where services are provided or performed
through direct physical contact between patron and employee. These
include, but are not limited to: barbers, beauticians, aestheticians,
cosmetologists, nail salons, tanning salons, massage therapists, and
tattoo parlors/body modification studios. They do not include doctors,
dentists, chiropractors, or other state-licensed medical professionals.
“Plaza”
means an open area usually located near buildings and often
featuring walkways, trees and shrubs, places to sit, and sometimes
shops.
“Poolroom”
means any place open to the public where billiards or pool
is played, where the general public is allowed to play therein, whether
any compensation or reward is charged for the use of such tables or
not.
“Pool table”
means any table, regardless of its size on which the games
of pool, billiards, snooker, bagatelle or similar games may be played.
Primary Use.
Five (5) years from the effective date of the ordinance codified
in this section, “primary use” shall mean use or occupancy
of seventy (70) percent or more of the total building area.
“Provisions”
includes all regulations and requirements referred to in
this title.
“Recreational apparatus”
means any device which may be used for camping or recreational
purposes and which is not currently registered for operation on public
streets. Recreational apparatus includes, but is not limited to, jet-skis,
sea doos, wave runners, all terrain vehicles, motor bikes, camper
units or shells, boats, airplanes, gliders, off-highway vehicles and
other devices used for recreational purposes.
“Residence”
means a building used, designed or intended to be used as
a home or dwelling.
Residence Club, Private.
“Private residence club” means a premises on
which living and sleeping accommodations are provided for more than
five (5) and no more than thirty (30) persons living together as a
cooperative, nonprofit living group.
“Rest home”
means premises operated as a boarding home, and in which
nursing, dietary and other personal services are furnished to convalescents,
invalids, and aged persons. It does not include premises in which
persons suffering from a mental sickness, disease, disorder or ailment
or from a contagious or communicable disease are kept, and in which
surgical or other primary treatments are performed, such as are customarily
provided in sanitariums or hospitals or in which no persons are kept
or served who normally would be admittable to a mental hospital.
“Retaining wall”
means a structure designed and intended to protect grade
cuts or retain the fill or dirt, sand or other grading material.
“Roofline”
means the height above finished grade of the uppermost beam,
rafter, ridge board, or purlin of any building.
“Room”
means an unsubdivided portion of the interior of a dwelling
unit, excluding bathrooms, closets, hallways and service porches.
Secondary Use.
“Secondary uses” are uses unrelated to the primary
uses, located in the same building as the primary use, but which take
up less than thirty (30) percent of the total building area. Secondary
uses are not accessory uses as defined in this section.
“Service station”
means a business which services motor vehicles and is limited
to the retail sale of petroleum products and automobile accessories,
tube and tire repairs, battery service, radiator cleaning and flushing,
automobile washing, including the following operations if conducted
within a building: lubrication of motor vehicles; brake servicing;
wheel balancing; replacement of water hoses and electrical wires;
and engine tuneup, but excluding: tire recapping; battery repair and
rebuilding; mechanical car wash, body and fender works, engine overhaul
or other similar activities.
Setback Line, Front Yard.
“Front yard setback line” means the line which
defines the depth of the required front yard. Such setback line is
parallel with the property line, removed therefrom by the perpendicular
distance prescribed for the yard in the zone.
Setback Line, Rear Yard or Side Yard.
“Rear yard or side yard setback line” means the
line which defined the width or depth of the required rear or side
yard. Such setback line is parallel with the property line, removed
therefrom by the perpendicular distance prescribed for the yard in
the zone. The side yard on the street side of a corner lot shall be
measured from the planned street right-of-way, the same as for the
front yard.
Shall.
The word “shall” is mandatory.
Side and Front of Corner Lots.
For the purpose of this title the narrowest frontage of a
corner lot facing the street is the front, and the longest frontage
facing the intersecting street is the side irrespective of the direction
in which the building faces.
“Sign”
means the same as “advertising structure.” Sign,
Center Identification. “Center identification sign” means
a freestanding sign structure containing the name identifying an integrated
business development and may also include identification signs on
which the names and nature of business only within the development
are uniformly displayed.
Sign, Community.
“Community sign” means a ground sign on which
are displayed the names and nature of the business only of business
establishments within an integrated development.
Sign, Double Face.
“Double face sign” means a single sign with two
(2) parallel sign faces back-to-back.
Sign, Electric.
“Electric sign” means an advertising structure
served or energized with electrical current for purpose of illuminating
or for any other purpose. Sign, Energized. “Energized sign”
means any sign or advertising structure energized from any source
for the purpose of illumination or sustaining motion.
Sign Facing or Surface.
“Sign facing or surface” means the surface of
the sign upon, against or through which the message is displayed or
illustrated on the sign. Sign, Ground. “Ground sign” includes
any sign supported by uprights or braces anchored in the ground and
not attached to any building.
Sign, Identification.
“Identification sign” means small signs one (1)
foot or less in height on which are displayed only the name and nature
of business of the occupant.
Sign, Nonadvertising.
“Nonadvertising sign” means any sign posted on
private property containing thereon a regulatory or warning notice
and upon which no advertising matter is displayed.
Sign, Permanent Reader Panel.
“Permanent reader panel sign” means a permanently
constructed changeable copy bulletin board lighted or unlighted with
detachable precut letters and figures.
Sign, Portable.
“Portable sign” means any moveable external sign
that is not permanently secured or attached to an approved structure
support or anchor.
Sign, Projecting.
“Projecting sign” means any sign which is affixed
or attached to, and is supported solely by a building wall or structure,
and extends beyond the building wall, structure, or parts thereof,
more than twelve (12) inches and whose angle of incidence to said
building wall, structure or parts thereof, is greater than thirty
(30) degrees.
Sign, Roof.
“Roof sign” means any sign erected, constructed
and maintained wholly upon or over the roof of any building with the
principal support on the roof structure.
Sign, Temporary.
“Temporary sign” includes any sign, banner, pennant
valance, or advertising display constructed of cloth, canvas, light
fabric, cardboard, wall board, plastic, or other light materials firmly
affixed to a permanent display board and intended to be displayed
for a limited period of time not to exceed ninety (90) days.
Sign, Wall.
“Wall sign” includes all flat signs, either of
solid face construction or individual letters, which are placed or
painted against the exterior wall of any building or structure and
extending not more than one (1) foot from the face of the building
and having the advertisement on one (1) face.
“Small family day care home”
means a home which provides day care for eight (8) or fewer
children, including children under the age of ten (10) years who reside
at the home.
“Specific plan”
means a plan adopted by the legislative body which is based
on the general plan and including such regulations, programs and legislation
as may be required for the systematic execution of the general plan.
Stable, Private.
“Private stable” means a detached accessory building
for the keeping of horses owned by the occupants of the premises and
not kept for remuneration, hire or sale.
Stable, Public.
“Public stable” means a stable other than a private
stable. “State” means the state of California.
“Story”
means a space in a building between the surface of any floor
and surface of the floor next above, or if there is no floor above,
then the space between such floor and the ceiling or roof above. (See
“Basement”).
Story, Half.
“Half story” means a story under a gable, hip
or gambrel roof, plates of which are not more than three (3) feet
above the floor of such story.
“Street”
means a public thoroughfare or right-of-way dedicated, deeded
or condemned for use as such, other than an alley, which affords the
principal means of access to abutting property including avenue, place,
way, drive, lane, boulevard, highway, road and any other thoroughfare,
except as excluded in this title. The word “street” includes
all major and secondary highways, freeways, traffic collector streets
and local streets.
“Street centerline”
means the centerline of a street or right-of-way as established
by official surveys.
“Street line”
means the boundary line between the street and abutting property.
Street, Local.
“Local street” means any street, dedicated as
such, serving as the principal means of access to property, which
street is not shown as a primary or secondary highway or traffic collector
street on the general plan.
Street, Side.
“Side street” means the street bounding a corner
or reversed corner lot and which extends in the same general direction
as the line determining the depth of the lot.
“Structural alterations”
means any change in the supporting members of a building,
such as in a bearing wall, column, beam or girder, floor or ceiling
joists, roof rafters, roof diaphragms, roof trusses, foundations,
piles or retaining walls or similar components.
“Structure”
means anything constructed or built over the height of six
(6) feet, any edifice or building or any kind or any piece of work
artificially built up or composed of parts jointed together in some
definite manner, which has a required location on the ground or is
attached to something having a location on the ground except outdoor
areas such as patios, paved areas, walks, swimming pools, tennis courts
and similar recreation areas.
“Studio”
means a place for the study or practice of an art, skill
or specific fitness activity (such as dancing, singing, acting, cooking,
yoga, palates, spinning, etc.). Typically this is one (1) room devoted
to the activity and where there is a limited number of teachers, all
teaching the same skill or activity.
“Supportive housing”
means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to on-site or off-site
services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community.
“Target population”
means persons, including persons with disabilities, and families
who are homeless, as that term is defined by 42 U.S.C. Section 11302,
or who are homeless youth, as that term is defined by California Health
and Safety Code Section 50675.14(3)(A).
“Tattoo parlor”
means any premises used for the business or marking or coloring
the skin with tattoos and which houses all furnishings, equipment,
instruments, dyes and inks, and other facilities maintained therein
incidental to the business.
“Trailer”
means any wheeled vehicle designed for carrying persons or
property and for being drawn by a motor vehicle. Trailer includes,
but is not limited to, camp trailer, mobile home, recreational apparatus,
utility trailer or trailer specially designed to carry motorcycles,
airplanes, boats, and/or gliders.
Trailer, Residential.
“Residential trailer” means a vehicle with or
without motive power, designed and constructed to travel on the public
thoroughfares in accordance with the provisions of the State Vehicle
Code and to be used for human habitation. No trailer shall be used
as a place of human habitation except in regularly established trailer
parks.
“Trailer space”
means a plot of ground within any trailer park designed for
the accommodation of one (1) residential trailer.
“Transitional housing”
and “transitional housing development” means
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 not less than six (6) months.
“Transit oriented development (TOD)”
means a type of community development that includes a mixture
of housing, office, retail and/or other amenities integrated into
a walkable neighborhood and located within one-half mile of quality
public transportation.
“Use”
means the purpose for which land and/or building is erected,
arranged, designed or intended or for which land and/or building is
or may be occupied or maintained.
“Variance”
means a permit for deviation from the provisions established
in the zone in which the property is located, granted by the commission
pursuant to this title.
“Wrapped parking”
means a building parking design that completely conceals
on all sides a parking garage that is designed for occupancy by retail,
service, office, and/or residential uses, or for an all residential
development.
“Yard”
means any open space, other than a court, on the same lot
with a building or a dwelling group, which space is generally open
from the ground to the sky, except for the projections and accessory
buildings permitted by this title. No required yard or other open
space around an existing building, or which is hereafter provided
around any building for the purpose of complying with the provisions
of this title may be considered as providing a yard or open space
for any other building; nor may any yard or other required open space
on an adjoining lot be considered as providing a yard or open space
on a lot whereon a building is to be erected.
Yard, Front.
“Front yard” means a space between the front
yard setback line and the front lot line or planned street right-of-way
line, and extending the full width of the lot. The front yard of a
cul-de-sac shall be measured from its narrowest depth.
Yard, Rear.
“Rear yard” means a space between the rear yard
setback line and the rear lot line, extending the full width of the
lot.
Yard, Side.
“Side yard” means a space extending from the
front yard setback line or from the front lot line where no front
yard is required by this title to the rear yard setback line of the
rear lot line, between a side lot line and the side yard setback line.
“Zone”
means the same as “district.”
Zone, Change of.
“Change of zone” means the legislative act of
removing one (1) or more parcels of land from one (1) zone and placing
them in another zone on the land use zoning map.
“Zoning map”
means the official map which describes thereon the several
zoning districts to which the regulations set forth in this title
shall apply.
(Prior code § 25-1.1; Ord. 68-O-103 §§ 2, 3, 1968; Ord. 69-O-102 § 2, 1969; Ord. 69-O-113 § 2, 1969; Ord. 72-O-109 § 1, 1972; Ord. 73-O-116 §§ 1, 2,
1973; Ord. 74-O-101 § 2,
1974; Ord. 75-O-109, 1975; Ord. 76-O-114 §§ 1, 3,
1976; Ord. 76-O-119 § 1,
1976; Ord. 76-O-124 § 1,
1976; Ord. 78-O-129 § 1,
1978; Ord. 79-O-126, 1979; Ord. 83-O-110 §§ 1, 2,
1983; Ord. 84-O-116 § 2,
1984; Ord. 84-O-118 § 1,
1984; Ord. 90-O-117 §§ 14,
15, 1990; Ord. 92-O-100 § 1,
1992; Ord. 92-O-123 § 1,
1992; Ord. 94-O-102 §§ 1,
3, 1994; Ord. 94-O-108 § 1,
1994; Ord. 94-O-109 § 1,
1994; Ord. 94-O-126 § 1,
1994; Ord. 96-O-112 §§ 1—3,
1996; Ord. 97-O-100 §§ 1,
2, 1997; Ord. O-2008-14 §§ 2—4,
2008; Ord. O-2009-03 § 1,
2009; Ord. O-2010-11 § 3,
2010; Ord. O-2013-03 §§ 3—7,
2013; Ord. O-2017-04 § 4,
2017; Ord. O-2017-05 § 4,
2017; Ord. O-2019-01 §§ 3,
4, 2019)