"Access" means an opening in a fence, wall or structure, or
a walkway or driveway permitting pedestrian or vehicular approach
to, through or within any structure or use.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Accessory building" means any subordinate building or portions
of the main building, the use of which is incidental to that of the
main building on the same lot or premises, and which is used exclusively
by the occupants of the main building.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Accessory use" means any use customarily incidental to, related
and clearly subordinate to, a principally permitted use established
on the same lot or premises.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Active commercial uses" means commercial uses that are oriented
along the street wall facing the main street at ground level. Active
commercial uses shall be accessible to the general public, generate
walk-in pedestrian clientele, or contribute to a high level of pedestrian
activity. Property entrances will be oriented to the street, which
will facilitate sidewalk traffic and active streets. Uses that generate
pedestrian activity include retail shops, grocery stores, restaurants,
bars, theaters and the performing arts, personal convenience services,
hotels, banks, travel agencies, child care services, libraries, museums
and galleries, and commercial recreation and entertainment.
(Ord. 2012-1130 § 1; Ord. 2013-1140 § 1)
"Active use area" means all portions of a site and buildings
included in the use area, except storage, parking, and landscaping.
(Ord. 2012-1130 § 1)
"Addition" means the result of any work that increases the gross
floor area of an existing structure.
(Ord. 94-884)
"Adjoining" means two or more lots or parcels of land sharing
a common boundary line, or two or more objects in contact with each
other.
(Ord. 94-884)
An "Administrative Coastal Development Permit" is a permit required
pursuant to the City Zoning Ordinance and the Coastal Act which does
not require a public hearing of the Planning Commission or City Council.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Adult bookstore" means an establishment having as a substantial
or significant portion of its stock in trade, books, magazines and
other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
title, or an establishment with a segment or section devoted to the
sale or display of such material.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Adult hotel or motel" means a hotel or motel wherein material
is presented which is distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined in this title.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Adult mini-motion picture theater" means an enclosed building
with a capacity for less than fifty persons, used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified anatomical areas or specified
sexual activities, as defined in this chapter, including the presentation
of such material by coin-operated viewing machines for observation
by patrons therein.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Adult motion picture arcade" means any place to which the public
is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors or other image producing devices are
maintained to show images to five or fewer patrons per machine at
any one time, and where the images so displayed are distinguished
by, or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas, as defined in this
title.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Adult motion picture theater" means an enclosed building with
a capacity for fifty or more persons, used for presenting material
having as a dominant purpose, distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
chapter, for observation by patrons therein.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Aggrieved person," in accordance with Public Resources Code
Section 30801, means any person who, in person or through a representative,
appeared at a public hearing of the City in connection with the decision
or action appealed, or who, by other appropriate means prior to a
hearing, informed the City of the nature of their concerns or who
for good cause was unable to do either.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Alley" means a public or private way not more than thirty feet
wide.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Alteration" means any work on a structure that does not result
in any addition to the gross floor area of the structure.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Amendment" means a change in wording, content or substance
of this title or a change in the zone or district boundaries.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Antenna" means a device or system of wires, poles, rods, dishes,
discs or similar devices used for the transmission or receipt of electromagnetic
waves.
(Ord. 2002-983 § 1)
"Antique store" means a bona fide antique store in which substantially
all the merchandise is antique. "Antique" means any collectible, object
of art, bric-a-brac, curio, household furniture, or other furnishing
offered for sale upon the basis, expressed or implied, that the value
of the property, in whole or in substantial part, is derived from
its age or from historical associations.
(Ord. 2012-1130 § 1)
"Apartment building" means any building or portion thereof which
is designed, built, rented, leased, let or hired out to be occupied,
or which is occupied, as the home or residence of families living
independently of each other and doing their own cooking in the building,
including flats and apartments.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Appealable coastal development," in accordance with Public
Resources Code Section 30.603(a), means an action taken by the City
on a Coastal Development Permit application for any of the following
which may be appealed to the Coastal Commission:
A.
Developments
approved by the City between the sea and the first public road paralleling
the sea or within three hundred feet of the inland extent of any beach
or of the mean high tide line of the sea where there is no beach,
whichever is the greater distance, or any development located within
the Appeal Jurisdiction as designated on the Post Local Coastal Plan
Certification Permit and Appeal Jurisdiction Map, on file in the office
of the City Clerk;
B.
Developments approved by the City not included within subsection A of this section located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream or within three hundred feet of the top of the seaward face of any coastal bluff; or
C.
Any
development which constitutes a major public works project or a major
energy facility. The phrase "major public works project or a major
energy facility" is used in Public Resources Code Section 30603(a)(5)
and these regulations shall mean any proposed public works project,
as defined by Section 13012 of the California Coastal Commission Regulations,
(Title 14, California Administrative Code, Division 5.5) or energy
facility, as defined by Public Resources Code Section 30117 and exceeding
an established cost of construction, as determined by the California
Coastal Commission.
(Ord. 601 § 1, 1983; Ord. 94-884)
An arcade or game center is any place having five or more coin-operated,
slug-operated, or any type of amusement or entertainment machines
for which payment is necessary for operation. These include, but are
not limited to pinball machines and video games, but do not include
merchandise vending machines or mini-jukeboxes.
(Ord. 94-884)
"Athletic or health clubs" means any business that offers or
provides to the public, services, facilities, and/or instruction in
bodybuilding, exercising, weight reduction, figure development, aerobics,
or any other similar physical activity. This includes physical fitness
clubs, yoga or pilates studios, and dance studios.
(Ord. 2012-1130 § 1)
"Automobile dismantling or wrecking yard" means any premises
used for the dismantling or wrecking of vehicles required to be registered
under the California Vehicle Code, including the buying, selling or
dealing of such vehicles or the integral parts or component materials
thereof, or the storage, sale or dumping of dismantled, partly dismantled
or wrecked inoperative vehicles. Automobile dismantling does not include
the incidental storage of inoperative or disabled vehicles in connection
with legal operation of an automobile repair garage or automobile
impound yard.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Automobile repair" means repair of the mechanical parts of
motor vehicles. Repair and painting of the fender and body portions
of motor vehicles are specifically excluded from this definition.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Automobile service station" means a place where gasoline or any other motor fuel of lubricating oil or grease for operating motor vehicles is offered for sale to the public, where deliveries are made directly into motor vehicles, and where services are performed, to include tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted in this title, lubricating of automobiles, and automobile washing (not including mechanical wash) and minor repairs as described in Section 19.04.070.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Automobile trailer" means any building or structure with or
without motor power and/or used for living or sleeping purposes, or
the conduct of any business, profession, occupation or trade and designed
so that it is or can be mounted on wheels and travel on public thoroughfares.
(Ord. 94-884)
"Balcony" means a platform enclosed by a railing or parapet
projecting from the wall of a building for the private use of tenants
or for exterior access to the above grade living units. When a balcony
is roofed and enclosed, it is considered part of the room it serves.
(Ord. 94-884)
Any premises designed, used or intended to be used for the selling
or serving of alcoholic beverages to the public for consumption on
the premises, and in which food is not sold or served to the public
as in a bona fide restaurant.
(Ord. 94-884)
Basement is any floor level below the first story in a building,
except that a floor level in a building having only one floor level
shall be classified as a basement unless such floor level qualifies
as a first story as defined herein.
(Ord. 94-884)
"Block" means a tract of land bounded by streets, dead-ends
of streets, railroad rights-of-way, watercourses, large tracts of
land in uses such as parks and golf courses, or a City boundary.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Boarding house" means a facility in which food and/or shelter
is provided to persons not related by blood or marriage. The term
does not include motels, hotels or other similar establishments that
cater primarily to transient guests. The term does not include multiple-family
dwelling structures when each dwelling unit is separately maintained
by its tenants and the tenants care completely for themselves. The
term does include rest homes, sanitariums, convalescent homes, fraternity
houses, sorority houses, group homes and other similar operations
when all the criteria of this definition are met.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2002-986 § 1)
"Body painting studio" means a business establishment wherein
the patrons may apply paint or similar matter to another unclothed
or partially clothed person.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Body piercing establishment" means any business which offers
as a service the creation of an opening in the body of a human being
for the purpose of inserting jewelry or other decoration. "Body piercing"
includes, but is not limited to, piercing of an ear, lip, tongue,
nose, or eyebrow. "Body piercing" does not include piercing an ear
with a disposable, single-use stud or solid needle that is applied
using a mechanical device to force the needle or stud through the
ear.
(Ord. 2001-971 § 1)
A "body shop" means the repair and painting of the fender and
body portions of motor vehicles.
(Ord. 94-884)
"Building" means any structure having a roof supported by columns
or walls, used or intended to be used for the shelter or enclosure
of persons, animals or property.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Building Department" means the office, department, or division
of the City charged with the enforcement of the provisions of this
title pertaining to the erection, construction, reconstruction, movement,
conversion, alteration or arrangements of buildings or structures
within the City as well as the enforcement of the requirements of
this title.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Existing building" means a building which a legal building
permit has been issued.
(Ord. 601 § 1, 1983; Ord. 94-844, 1994)
A vertical dimension measured from existing grade to the uppermost
point of a structure, unless otherwise specified (see Height, Measurement
of).
(Ord. 94-884)
"Building Official" means the City Official or employee responsible
for implementing and enforcing the applicable building codes and standards
of the City.
(Ord. 94-884)
"Distance between buildings" means the horizontal distance between
buildings measured from the nearest point of one building wall to
the nearest point of another building wall.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Bulk" means the total interior cubic volume as measured from
the exterior surface of the structure.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Bulkhead" means a structure including riprap or sheet piling,
constructed to separate land and water and establish a permanent shoreline.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Cabaret" means a cafe, restaurant, bar or other establishment
where entertainment is provided by a performer or performers who dance,
sing, play musical instruments or present any other form of or kind
of entertainment. As applied to the adult-oriented business ordinance,
an establishment that features topless dancers, bottomless dancers,
go-go dancers, exotic dancers, strippers, male or female impersonators
or similar entertainers is included in this definition.
(Ord. 601 § 1, 1983; Ord. 94-884)
"California Coastal Commission original permit jurisdiction"
means that area of original jurisdiction of the California Coastal
Commission as designated on the post local coastal program certification
permit and Appeal Jurisdiction Map, on file with the California Coastal
Commission and the City Clerk of the City of Imperial Beach.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Campsite" means any area which is occupied or intended or designed
or improved for occupancy by transients utilizing recreational vehicles,
motor homes, or mobile trailers for dwelling, lodging or sleeping
purposes and is held out as such to the public. Campsite does not
include any manufactured housing community.
(Ord. 94-884)
"Carport" means a building designed and intended to be used
for storage or protection of an automobile or other motor vehicle
completely open on one or more sides.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Cell" means the coverage area through which wireless receiving
and transmitting equipment from a particular cell site successfully
propagate.
(Ord. 2002-983 § 2)
"Cell site" means a parcel of real property on which a wireless
communications facility is or is to be located.
(Ord. 2002-983 § 3)
"Child" means a person who is under eighteen years of age who
is being provided care and supervision in a child day care facility.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Child day care center" means any day care facility other than
a family day care home, and includes infant centers, preschools and
extended day care facilities.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Children's home" means one or more buildings used for semi-permanent
twenty-four hour care of orphans or other children deprived of parental
care, operated by a public agency or a philanthropic or charitable
organization, but does not include commercial enterprises operated
by such organizations on a less than twenty-four hour basis or a correctional
institution.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Clinic" means any facility used for the care, diagnosis and
treatment of sick, active, infirm or injured persons and those who
are in need of medical, dental or surgical attention, but who are
not provided with board or room or kept overnight on the premises.
"Clinic" includes dental clinic, health clinic, medical clinic and
doctor's offices and may include laboratory facilities in conjunction
with normal clinic services.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Coastal dependent development or use" means any development
or use which requires a site on, or adjacent to, the sea to be able
to function at all.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Coastal related development" means any use that is dependent
on a coastal dependent development or use.
(Ord. 601 § 1, 1983; Ord. 94-884)
A "regular coastal development permit" means a permit for any
development within the coastal zone that is required pursuant to the
City Zoning Ordinance and the 1976 Coastal Act that requires a public
hearing by the Planning Commission.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Coastal policy checklist" means a form prepared and completed
by the Community Development Department as a guide for reviewing Coastal
Development Permit applications for conformance with the General Plan
and Coastal Land Use Plan. It shall list appropriate application information,
all coastal land use policies, those policies with which the application
does not comply and recommended conditions, if any, necessary to bring
the application into compliance.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Coastal zone" means that land and water area of the City of
Imperial Beach extending inland generally one thousand yards from
the mean high tide line of the sea as shown on the Post Local Coastal
Program Certification Permit and Appeal Jurisdiction Map on file with
the California Coastal Commission and the City of Imperial Beach.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Commission" means the Planning Commission of the City of Imperial
Beach.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Community Development Department" means the Community Development
Department of the City of Imperial Beach.
(Ord. 601 § 1, 1983; Ord. 94-884)
See "Director."
(Ord. 94-884)
"Condominium" means a system of separate ownership of individual
units in a multiple-unit building(s) as defined by the California
State Subdivision Map Act.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Substantial construction" means the incorporation of labor
and materials in the foundation of a building or buildings, and the
inspection of such work as evidenced by an approval signature on an
active building permit by a Building Official representative.
(Ord. 756 § 1, 1988; Ord. 94-884)
"Cornice" means any horizontal member, structural or nonstructural,
of any building, projecting outward from the exterior walls at the
roof line, including eaves and other roof overhang.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Courtyard" means an open space unobstructed to the sky, located
at or above grade level on a lot, and bounded on two or more sides
by walls of a building.
(Ord. 2012-1130 § 1)
"Dancehall" means a business establishment wherein the patrons
thereof may dance with another person for a fee other than a price
of admission to such establishment.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Development" means, on land, in or under water, the placement
or erection of any solid material or structure; discharge or disposal
of any dredged material or of any gaseous, liquid, solid or thermal
waste; grading removing, dredging, mining or extraction of any materials;
change in the density or intensity of use of land, including, but
not limited to, subdivision pursuant to the subdivision map act (commencing
with Section 66410 of the Government Code), and any other division
of land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public agency
for public recreational use; change in the intensity of use of water
or of access thereto; construction, reconstruction, demolition or
alteration of the size of any structure, including any facility of
any private, public or municipal utility; and the removal or harvesting
of major vegetation other than for agricultural purposes, and kelp
harvesting. As used in this section, "structure" includes, but is
not limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone lines and electrical power transmission and distribution
line.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Director" means the Community Development Director of the City
of Imperial Beach.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Drive-in restaurant" means any commercial establishment providing
delivery of food or drink to vehicles parked in designated parking
spaces, or making provisions, encouraging consumption of food or beverage
in vehicles, whether such consumption in vehicles is on the premises
or at the curb adjacent to the premises.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Drive-thru establishment" shall mean any commercial establishment
providing services directly to customers in vehicles, through a service
window or other similar arrangement.
(Ord. 94-884)
"Driveway" means a private accessway, the use of which is limited
to persons residing, or employees or others using or visiting the
parcel on which the driveway is located.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Duplex" means a building containing two attached dwelling units.
The units may be attached in any manner, provided they have a common
roof.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Multiple-family dwelling" means a residential structure containing
two or more dwelling units that are attached vertically or horizontally.
(Ord. 2012-1130 § 1)
"Dwelling unit" means one or more habitable rooms which are
occupied or which are intended or designed to be occupied by one family
with facilities for living, sleeping, sanitation, cooking and eating.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Educational institution" means a public or private preschool,
elementary or secondary school or institution.
(Ord. 2001-960 § 2)
Employee housing providing accommodations for six or fewer employees
shall be deemed a single-family structure with a residential land
use designation pursuant to Health and Safety Code Section 17021.5(b).
(Ord. 2016-1155 § 3)
"Emergency shelter" means housing with minimal supportive services
for homeless persons that is limited to occupancy of six months or
less by a homeless person. No individual or household may be denied
emergency shelter because of an inability to pay.
(Ord. 2012-1130 § 1)
"Energy facility" means any public or private processing, producing,
generating, storing, transmitting or recovering facility for electricity,
natural gas, petroleum, coal or other source of energy.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Environmentally sensitive area" means any area in which plant
or animal life or their habitats are either rare or especially valuable
because of their special nature or role in an ecosystem and which
could be easily disturbed or degraded by human activities and developments.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Escort services" means any business, agency or person who,
for a fee, commission, hire, reward or profit, furnishes or offers
to furnishes or offers to furnish names of persons, or who introduces,
furnishes or arranges for persons, who may accompany other persons
to or about social affairs, entertainments or places of amusement,
or who may consort with others about any place of public resort or
within any private quarters. Excluded from this definition is any
business, agency or person which provides escort services for older
persons as defined in the California Welfare and Institutions Code
Section 9400 et seq., when such services are provided as part of a
social welfare and health program for such older persons.
(Ord. 98-933 § 1(2), 1998)
"Family" means an individual, or two or more persons related
by blood or marriage, or a group of unrelated individuals living together
and bearing the generic character of a relatively permanent bona fide
housekeeping unit sharing such needs as cooking facilities. Family
also means the persons living together in a licensed "residential
facility" as that term is defined in California Health and Safety
Code Section 1502(a)C17, which services six or fewer persons, including
the licensee.
(Ord. 94-884)
"Family day care home" means a home which regularly provides
care, protection and supervision of twelve or fewer children, in the
provider's own home, for periods of less than twenty-four hours per
day, while the parents or guardians are away.
(Ord. 601 § 1, 1983; Ord. 670 § 2.3, 1986; Ord. 94-884)
"Large family day care home" means a home which provides family
day care to seven to twelve children, including children under the
age of ten years who reside at the home.
(Ord. 670 § 2.4, 1986; Ord. 94-884)
"Small family day care home" means a home which provides family
day care to six or fewer children, including children under the age
of ten years who reside at the home.
(Ord. 670 § 2.5, 1986; Ord. 94-884)
"Family foster care home" means a dwelling unit where full-time
foster care is provided for unrelated children as part of the family,
where the total number of children sixteen years or under does not
exceed six, the total number of people (excluding servants) does not
exceed eight, and the dwelling unit is licensed by the State as a
full-time foster home.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Fence" means a freestanding structure of metal, masonry, engineered
material or wood, or any combination thereof, resting on or partially
buried in the ground and rising above ground level, and used for confinement,
privacy, protection, screening or partition purposes. "Fence" means
a vertical barrier which supports no load other than its own weight.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Open fence" means a fence constructed with openings between
the material used for construction, whereby the openings represent
fifty percent or more of the total front face surface of the fence.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Fill" means earth or any other substance or material, including
pilings placed or deposited for the purposes of erecting structures
thereon, placed in a submerged area.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Fixed wireless service" means a local wireless operation providing
multiple services, such as telephone, internet and fax, to end users.
The associated equipment is in the form of a small panel or dish antenna
attached to a home or building.
(Ord. 2002-983 § 4)
"Floor area ratio" is the numerical value obtained by dividing
the gross floor area of a building or buildings on a lot by the total
area of the lot on which such building or buildings are located.
(Ord. 94-884)
"Fortune telling establishment" means any business which engages
in, conducts, advertises, or offers as a service the occupation, business,
science or art of astrology, palmistry, phrenology, life reading,
fortune telling, palm reading, cartomancy, clairvoyance, necromancy
or other occult art or science, for entertainment or otherwise.
(Ord. 2001-973 § 1)
"Garage" means an accessible and usable enclosed space of not
less than nine feet by nineteen feet for the parking of automobiles
off the street.
(Ord. 2012-1130 § 1)
"General Plan" means a comprehensive declaration of goals, policies
and programs for the development of the City and including, where
applicable, diagrams, maps and text setting forth objectives, principles,
standards and other features, and which has been adopted by the City
Council.
(Ord. 601 § 1, 1983; Ord. 94-884)
The surface of the ground or pavement at a stated location as
it exists prior to disturbance in preparation for a project regulated
by this ordinance.
(Ord. 94-884)
"Green building utilities," also referred to as small wind turbines,
residential alternative power sources, or small alternative utilities,
refers to the provision of sustainable essential services (such as
water and electricity) in the form of small infrastructure that reuses
water or generates electricity that is primarily used on-site and
which support the principal development. Examples of green building
utilities include small wind turbines, solar panels, and barrels for
grey water reuse.
(Ord. 2012-1130 § 1)
"Gross floor area" means the total horizontal area of all the
floors of a building included within the surrounding walls, exclusive
of areas used exclusively for permanently installed heating and air
conditioning units and permanent parking spaces, driveways, and ramps
included within a building.
(Ord. 601 § 1, 1983; Ord. 94-884)
See "Retail, Ground Floor."
(Ord. 2012-1130 § 1)
"Guest" means any person hiring or occupying a room for living
or sleeping purposes.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Guestroom" means any room or rooms used or intended to be used
by a guest for sleeping purposes. Every one hundred square feet of
superficial floor area in a dormitory shall be considered a guestroom.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Habitable floors" are levels within a residential or mixed-use
structure that permit residential, employment, visitor, or similar
uses to be developed. Habitable floors do not include levels with
rooftop, mechanical equipment, architectural treatments, stairwell
entries, or similar uses open or partially open to the environment
at the highest floor of the structure. The highest habitable floor
shall not exceed the height limits defined in respective zones.
(Ord. 2012-1130 § 1)
"First floor height" means the vertical distance from the average
level of the highest and lowest point of that portion of the building
site covered by the building or structure, to the highest point of
the ceiling.
(Ord. 2012-1130 § 1)
Height shall be measured from the average level of the highest
and lowest point of that portion of the building site (at existing
grade) covered by the building or structure to the highest point of
the building or structure.
 |
(Ord. 94-884; Ord. 2012-1130 § 1; Ord. 2013-1140 § 1)
"Home occupation" means any use conducted entirely within a
residential dwelling or accessory building and carried on by the inhabitants
of the dwelling, which use is clearly incidental and secondary to
the use of the dwelling for residential dwelling purposes.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Hostel" means a place where travelers may stay for a limited
duration at low cost in a facility that is appropriately recognized
by a state, national, or international hostel organization and that
may include dormitory-like sleeping accommodations.
(Ord. 2012-1130 § 1)
"Hotel" means any establishment offering commercial transient
lodging accommodation on a less than monthly basis to the general
public, including any incidental services such as eating, drinking,
meeting, banquet, entertainment, or recreational services intended
primarily for the convenience of guests. Hotels shall consist of various
types, which are further defined as follows:
H-1: A site area of a minimum square footage of thirty-five
thousand square feet; at least thirty guest rooms; facilities for
conference, meeting, or public use; and a full-service restaurant
on-site.
H-2: A "motel," which is an establishment providing guest rooms
for periods less than thirty days, with most rooms gaining access
from an exterior walkway.
H-3: A lot, parcel, or segment of real property dedicated to "timeshare units" as defined in Section 19.04.756 of this code.
H-4: A "bed and breakfast" lodging place containing no more
than six guest rooms and one kitchen.
H-5: An "inn" means a commercial establishment that affords
public lodging to travelers, for periods less than thirty days. A
kitchen and dining area may also be included to provide meal and beverage
service to guests and to the general public.
(Ord. 94-884; Ord. 2003-1007 § 1; Ord. 2012-1130 § 1)
"Household pet" means any domesticated animal generally accepted
as a pet, such as dogs, cats, rabbits and fish, but not including
roosters, ducks, geese, goats, sheep and hogs.
(Ord. 94-884; Ord. 2008-1074 § 1)
"Improvements" means alterations to any structure which does
not change the intensity of its use, which does not increase either
the gross floor area, height or bulk of the structure by more than
ten percent, which does not block or impede public access, and which
does not result in a seaward encroachment by the structure.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Incidental manufacturing" means design, fabrication, and assembly
of items for sale and is incidental or secondary to the use of the
premises for retail sales of the items being produced. Manufacturing
activities would involve production of individual items by hand manufacturing
or the use of electric hand tools. Floor area used for manufacturing
or storage of produced goods should not exceed the floor area used
for retail sales. Typical uses would include ceramic studios, candle-making,
leather-working, or custom jewelry manufacturing.
(Ord. 2012-1130 § 1)
"Junkyard" means a place where waste, discarded or salvaged
materials are bought, sold, exchanged, baled, packed, disassembled,
handled, stored or abandoned, including auto wrecking yards, house
wrecking yards, used lumber yards and places or yards for storage
of salvaged house wrecking and structural steel materials and equipment,
but not including such places where such uses are conducted entirely
within a completely enclosed building, and not including pawnshops
and establishments for the sale, purchase or storage of used furniture
and household equipment when conducted entirely within a completely
enclosed building, and not including sale of used cars in operable
condition, or salvaged materials incidental to manufacturing operations.
(Ord. 601 § 1, 1983; Ord. 94-884)
See Section 19.74.050.
(Ord. 94-884)
"Kiosk" means a small booth with an open window on one or more
sides for selling small consumables such as newspapers, magazines,
street maps, and confections. An information kiosk (or information
booth) dispenses information in the form of maps, pamphlets, and other
literature, and/or advice offered by an attendant. An electronic kiosk
(or computer kiosk or interactive kiosk) houses a computer terminal
that may store data locally, or retrieve it from a computer network
and provide an informational public service or serve a commercial
purpose. Kiosks shall be fixed in nature and may not be movable. Kiosks
do not include push carts or vending machines. Additionally, a kiosk
is not to exceed twenty square feet in area and shall be located on
public plazas or private leaseholds.
(Ord. 2012-1130 § 1)
"Kitchen" or "kitchenette" means any room or part of a room
which is designed, built, used or intended to be used for food preparation
and dishwashing, but not including a bar, butler's pantry or similar
room adjacent to or connected with a kitchen.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Land Use Plan" means the relevant portion of the City's General
Plan which is sufficiently detailed to indicate the kinds, location
and intensity of land uses, the applicable resource protection and
development policies, and where necessary, a listing of implementing
actions.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Landscaping" means planting, including living trees, shrubs,
lawn areas and ground cover suitably designed, selected, installed
and maintained so as to be permanently attractive. Decorative screens,
fences, decorative rock or other paved surfaces are considered as
elements of landscape development.
(Ord. 601 § 1, 1983; Ord. 94-884)
A legal nonconforming structure is one which was in compliance
with zoning and building codes in force at the time of initiation
of the construction of the structure as evidenced by such governmental
permits and/or approvals as were required at the time of the construction,
and due to subsequent changes in zoning no longer complies with the
current zoning requirements.
(Ord. 96-902 § 1)
A place or business engaged in the primary business of off-sale
alcoholic beverages. For the purposes of this chapter, primary business
shall mean twenty-five percent or more of the shelf area for a business.
(Ord. 94-884)
"Live entertainment" includes live music, recorded music, music
played by a DJ, comedy, karaoke, readings, dancing, acting, or other
entertainment performed on a site three or more days during a calendar
year. This includes dancing by patrons to live music, recorded music,
or music played by a DJ or disk jockey.
(Ord. 2012-1130 § 1)
A "live/work unit" means a structure or portion of a structure
combining a residential living space for a group of persons including
not more than four adults in the same unit with an integrated work
space principally used by one or more of the residents of that unit.
(Ord. 2012-1130 § 1)
"Loading area" means an area of adequate size for the delivery
vehicles expected to be used, logically and conveniently located for
bulk pickup and delivery, readily accessible when required parking
spaces are filled, and located totally outside of any street or alley
right-of-way.
(Ord. 2012-1130 § 1)
"Local coastal program" means the City's: (1) land use plan;
(2) zoning ordinance; (3) land use/zoning maps, and other implementing
actions which, when taken together, meet the requirements of, and
implement the provisions and policies of the 1976 Coastal Act.
(Ord. 601 § 1, 1983; Ord. 94-884)
A site or parcel of land under one ownership that has been legally
subdivided, resubdivided, combined, or merged.
(Ord. 94-884)
"Lot area" means the computed area contained with the lot lines.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Corner lot" means a lot abutting upon two or more streets at
their intersection or upon two parts of the same street, where such
intersecting streets or parts of the same street form an interior
angle of less than one hundred thirty-five degrees. The point of intersection
of the street right-of-way lines is to be considered the corner.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Lot coverage" is that portion of the area of a lot, expressed
as a percentage occupied by all buildings or structures roofed or
otherwise, more than thirty inches above grade level.
(Ord. 94-884)
"Lot depth" means the mean horizontal distance between the front
and rear lot lines, or between the front lot line and the intersection
of the two side lines if there should be no rear lot line.
(Ord. 601 § 1, 1983; Ord. 94-884)
An interior lot having frontage or more than one street or a
corner lot having frontage on more than two streets. Each street frontage
of an interior lot and the two shortest street frontages of a corner
lot shall be deemed a front lot line and front yard setback requirements
of the underlying district shall be met on both street frontage, except
as otherwise determined in this ordinance.
(Ord. 94-884)
"Interior lot" means a lot other than a corner lot, or reversed
corner lot.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Front lot line" means the line separating the lot from the
street. In the case of a corner lot, or reversed corner lot, the front
lot line is the shorter of any two adjacent street lot lines, except
as otherwise determined in this ordinance.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Rear lot line" means a lot line which is opposite and most
distant from the front lot line. For the purpose of establishing the
rear lot line of a triangular or trapezoidal lot, or of a lot the
rear line of which is formed by two or more lines, the following shall
apply:
A.
For
a triangular or gore-shaped lot, a line ten feet in length within
the lot and farthest removed from the front lot line, and at right
angles to the lot depth line shall be used as rear lot line; or,
B.
In
the case of a trapezoidal lot, the rear line of which is not parallel
to the front lot line, the rear lot line shall be deemed to be a line
at right angles to the lot depth line and drawn through a point bisecting
the recorded lot line; or
C.
In
the case of a pentagonal lot, the rear boundary of which includes
an angle formed by two lines, such angle shall be employed for determining
the rear lot line in the same manner as prescribed for a triangular
lot.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Lot line" means a line of record bounding a lot that divides
one lot from another lot or from a public or private street or other
public space.
(Ord. 94-884)
"Side lot line" means any lot line other than a front or rear
lot line which intersects a front lot line. A side lot line separating
a lot from a street is called a side street lot line.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Street or alley lot line" means a lot line separating the lot
from a street or alley.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Reversed corner lot" means a corner lot where the rear lot
line abuts against the side lot line of an interior lot.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Lot width" means the horizontal distance between the side lot
lines, measured at right angles to the lot depth, at a point midway
between the front and rear lot lines.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Main street" is defined as the primary street adjacent to a
parcel that carries the largest amount of pedestrian and automotive
traffic. For the commercial zones within the City, the main streets
are considered Palm Avenue, Old Palm Avenue, State Route 75 (SR-75),
Seacoast Drive, Imperial Beach Boulevard, and 13th Street.
(Ord. 2012-1130 § 1)
"Massage therapy establishment" means a fixed location at which a massage business engages in or carries on a commercial activity involving, in whole or in part, the recurring giving or administering of massages on the premises, consistent with the definition in Section 4.28.020 of the Imperial Beach Municipal Code, and in compliance with SB 731. This definition specifically excludes any adult-oriented business as defined in Chapter 19.60 of the Imperial Beach Municipal Code.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)
"Minor impact utility" means a small substation for transmission
of public utilities.
(Ord. 94-884)
"Manufactured home" means a structure, transportable in one
or more sections, which, in the traveling mode, is eight body feet
or more in width, or forty body feet or more in length, or, when erected
on site, is three hundred twenty or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. Manufactured home includes a
mobilehome subject to the National Manufactured Housing Construction
and Safety Act of 1974.
(Ord. 94-884)
"Manufactured housing community" means any lot or part thereof,
or any parcel of land, which is used or offered as a location for
two or more manufactured homes occupied as a residence.
(Ord. 94-884)
"Manufactured home site" means that portion of a manufactured
housing community set aside and designated for the occupancy of a
manufactured home and including the area set aside or used for parking
or structures including awnings, cabanas or ramadas which are accessory
to the manufactured home.
(Ord. 94-884)
"Mixed-use development" means a development consisting of one
or more lots developed as a cohesive project and designed with a blend
of various compatible uses such as commercial, residential, and institutional.
The uses may be located in the same building or in separate buildings
on the same site plan. A mixed-use development should not consist
exclusively of live/work units.
(Ord. 2012-1130 § 1)
"Model studio" means a business establishment wherein the patrons
may view, paint, draw or photograph a live model who is unclothed
or partly clothed.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Monopole" means a structure composed of a single spire used
to support equipment that is part of a wireless communications facility.
(Ord. 2002-983 § 5)
See "Hotel."
(Ord. 94-884)
"Motor home" means a motor vehicle designed or used for living
and sleeping purposes.
(Ord. 601 § 1, 1983; Ord. 94-884)
See "Hotel."
(Ord. 601 § 1, 1983; Ord. 94-884)
"Natural disaster" means any situation in which the force or
forces which destroyed the structure to be replaced were beyond the
control of its owner.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Net floor area" means the total horizontal area of all the
floors of a building included within the interior walls, exclusive
of areas used exclusively for permanently installed heating and air
conditioning units, mechanical equipment rooms, elevator shafts, basements
or attics less than seven feet in height, permanent parking spaces,
driveways, ramps, common kitchens, bathrooms, and hallways included
within a building and areas used exclusively by employees in commercial
and manufacturing businesses within a building.
(Ord. 636 § 1, 1984; Ord. 94-884)
"Nursing home" means any premises with sleeping rooms where
persons are lodged and furnished with meals and nursing care, not
including persons suffering from contagious diseases, mental diseases,
alcoholism or drug addiction.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Common open space" means those usable outdoor spaces commonly
accessible to all residents and users of the building for the purpose
of passive or active recreation.
(Ord. 2013-1140 § 1)
"Private open space" means an area connected or immediately
adjacent to a dwelling unit. The space can be a balcony, porch, ground
or above grade patio, or roof deck used exclusively by the occupants
of the dwelling unit and their guests.
(Ord. 2012-1130 § 1)
"Public open space" means those usable outdoor spaces commonly
accessible to all residents and users of the building for the purpose
of passive or active recreation.
(Ord. 2012-1130 § 1)
"Usable open space" means an unobstructed portion of a lot which
has a minimum dimension of ten feet in every direction, is landscaped
and developed for active or passive recreational and leisure use,
and is conveniently located and accessible. Open space intended to
serve all the units of a project shall be accessible and convenient
to all units. Private open space shall be accessible and convenient
to the unit(s) intended to be served.
B.
A minimum
of sixty percent of the required usable open space shall be provided
at grade, unenclosed.
D.
Active
recreational facilities for children in appropriate projects (e.g.
"tot lots") are encouraged. Such areas shall be a minimum of two hundred
square feet in area.
(Ord. 601 § 1, 1983; Ord. 690 § 17, 1986; Ord. 723 § 1, 1987; Ord. 94-884)
"Palm reading establishment" means any business which engages
in, conducts, advertises, or offers as a service the occupation, business,
science or art of astrology, palmistry, phrenology, life reading,
fortune telling, palm reading, cartomancy, clairvoyance, necromancy
or other occult art or science, for entertainment or otherwise.
(Ord. 2001-973 § 2)
"Parapet" means a low protective wall or railing along the edge
of a raised structure such as a roof or balcony.
(Ord. 2012-1130 § 1)
"Parking area" means an area used for parking of motor vehicles,
including the actual parking space and the turning areas and driveways.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Commercial parking" means parking facilities serving commercial
or mixed commercial-residential buildings or uses. Commercial parking
shall also include temporary parking facilities for transient motor
vehicles, for which compensation is received.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Parking space" means a permanently surfaced area meeting the
minimum requirements of this title and designed or used for the parking
of a motor vehicle.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Paseo" means a path set aside for pedestrian walking that may
pass through any part of a parcel to access points away from the main
street edge.
(Ord. 2012-1130 § 1)
"Pedestrian entrance" means a functional entrance or door that
is accessible to the general public from an enclosed occupied space.
This does not include entrances to mechanical equipment or storage
areas, emergency exits, or decorative nonfunctional doors and entrances.
(Ord. 2012-1130 § 1)
"Person" means any individual, organization, partnership or
other business association or corporation, including any utility,
and any Federal, State, local government or special district or any
agency thereof.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Permitted use" means any use listed in a zone as a principal
permitted use or accessory use, and further includes a conditional
use as listed for the particular zone, provided a conditional use
permit is obtained.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Personal convenience services" include commercial establishments such as, but not limited to, dry cleaners, shoe repair, drug stores, convenience stores, barber shops, hair salons, nail salons, mailing centers, ticket sales, and travel agents, excluding any adult uses as defined in Chapter 19.04.
(Ord. 2012-1130 § 1)
"Planned development permit" means a permit issued by the Planning
Commission authorizing the actual development and construction within
a planned development.
(Ord. 601 § 1, 1983; Ord. 94-884)
A "plaza" is a type of public open space usually located near
urban buildings and often featuring walkways, trees and shrubs, places
to sit, and sometimes smaller shops.
(Ord. 2012-1130 § 1)
"Pool or billiard hall" means a business establishment containing
more than two pool or billiard tables for the use of patrons.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Architectural projection" means anything attached to and extended
outside the outer face of the exterior wall of a structure and not
intended for shelter or occupancy.
(Ord. 601 § 1, 1983; Ord. 94-884)
See "Lot line."
(Ord. 94-884)
A "public parking lot" means a parking area that contains parking
spaces available to all members of the public on a free or for-fee
basis, for purposes of parking a motor vehicle while accessing other
areas in the city.
(Ord. 2012-1130 § 1)
"Public trust lands" shall be defined as all lands subject to
the common law trust for commerce, navigation, fisheries, recreation
and other public purposes. Public trust lands include tidelands, submerged
lands, the beds of navigable lakes and rivers, and historic tidelands
and submerged lands that are presently filled or reclaimed, and which
were subject to the public trust at any time.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Public works" means the following:
A.
All
production, storage, transmission and recovery facilities for water,
sewerage, telephone and other similar utilities owned or operated
by any public agency or by any utility subject to the jurisdiction
of the Public Utilities Commission, except for energy facilities.
B.
All
public transportation facilities, including streets, roads, highways,
public parking lots and structures, ports, harbors, airports, railroads
and mass transit facilities and stations, bridges, trolley wires and
other related facilities.
C.
All
publicly financed recreational facilities, all projects of the State
Coastal Conservancy, and any development of a special district.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Religious assembly" means an institution organized and operated
for nonprofit purposes within the provisions of Section 501(c)(3)
of the Internal Revenue Code and Section 23701d of the California
Revenue and Taxation Code and to whom the Franchise Tax Board has
issued a determination exempting the organization from tax, which
people regularly attend to participate in or hold religious services,
meetings, and other activities.
(Ord. 2001-960 § 1; Ord. 2012-1130 § 1)
"Residential density" means the average number of dwelling units
on one acre of land in a given area. Net residential density is determined
by dividing the total number of dwelling units in a defined area by
the total acreage of all parcels of land with the area that are used
for residential and accessory purposes. Gross residential density
is obtained by dividing all land in a defined area used for residences,
streets, local schools, local parks and other public facilities into
the total number of dwelling units in the area.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Residential zone" means land classified in one of the following
zoning districts: R-1-3800, R-1-6000, R-3000, R-3000-D, R-2000, R-1500.
(Ord. 94-884)
"Restaurant" means a place which is regularly and in a bona
fide manner used and kept open for the serving of meals to guests
for compensation and which has an adequate seating area for the consumption
of meals and suitable kitchen facilities connected therewith, containing
conveniences for cooking an assortment of foods which may be required
for ordinary meals. As used in this definition, the word "meals" means
the usual assortment of foods commonly ordered at various hours of
the day; the services of only such foods as sandwiches or salads shall
not be deemed in compliance with this requirement. As used in this
definition, the words "suitable kitchen facilities" shall include
cooking equipment (such as deep fryers, stoves or ovens) requiring
hood fans, an operable dish washing machine, and a central freezing
and refrigeration area. The percentage of alcohol sales in monetary
terms shall not exceed that of food sales and still comply with this
definition.
(Ord. 94-884)
"Ground floor retail" is considered a general commercial use
that is oriented along the street wall facing a main street with pedestrian
movement, serves as a component of a mixed-use or multi-story project,
and is suitable for a broad range of retail types that add to and
benefit from a pedestrian retail context.
(Ord. 2012-1130 § 1)
"Retail sales" refers to establishments primarily engaged in
the sale or rental of goods or merchandise for personal or household
use. Typical uses would include department stores, variety stores,
drug stores, jewelry stores, apparel stores, and furniture stores.
(Ord. 2012-1130 § 1)
"Retirement home" means a building or buildings without kitchens
in the individual living units, designed or used for the permanent
residence of persons who are retired.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Satellite dish antenna" means a device or instrument designed
or used for the reception of television or other electronic communication
signal broadcast or relayed from an earth satellite. It may be a solid,
open mesh or bar configured structure, typically six to twelve feet
in diameter, in the shape of a shallow dish or parabola.
(Ord. 675 § 2, 1986; Ord. 94-884)
"School" means an educational institution as defined in Title
19 of this code.
(Ord. 2001-971 § 2)
"Sea" means the Pacific Ocean and all harbors, bays, channels,
estuaries, salt marshes, sloughs and other areas subject to tidal
action through any connection with the Pacific Ocean, excluding non-estuarine
rivers, streams, tributaries, creeks and flood control and drainage
channels.
(Ord. 601 § 1, 1983; Ord. 675 § 1, 1986; Ord. 94-884)
"Secondhand or used merchandise" means merchandise that has
been owned or used by any person other than the original manufacturer
or distributors of that merchandise when new, or which has ever been
used in a manner that is consistent with an ultimate or final consumer,
whether or not wear or deterioration can be found.
(Ord. No. 2001-959 § 1)
"Secondhand store" or "thrift shop" means a place of business
that engages in buying and selling, trading, or accepting for sale
on consignment previously sold property, excluding bona fide antique
stores (see definition).
(Ord. 2012-1130 § 1)
"Secretary" means the Secretary of the Planning Commission.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Senior housing" or "senior units" means a housing development
as defined in State of California Civil Code Section 51.3.
(Ord. 2012-1130 § 1)
"Sensitive coastal resource areas" means those identifiable
and geographically bounded land and water areas within the coastal
zone of vital interest and sensitivity. "Sensitive coastal resource
areas" include the following:
A.
Special
marine and land habitat areas, wetlands, lagoons and estuaries as
mapped and designated on the Post Local Coastal Program Certification
Permit and Appeal Jurisdiction Map on file with the California Coastal
Commission and the City of Imperial Beach;
B.
Areas
possessing significant recreational value;
C.
Highly
scenic areas;
D.
Archeological
sites referenced in the California Coastline and Recreation Plan or
as designated by the state historic preservation officer;
E.
Special
communities or neighborhoods which are significant visitor destination
areas;
F.
Areas
that provide existing coastal housing or recreational opportunities
for low-income and moderate-income persons; and
G.
Areas
where divisions of land could substantially impair or restrict coastal
access.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Setback" means the minimum horizontal distance between the
lot line and the building line, or a line parallel to the lot line
if there is no building line.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Sexual encounter studio and rap parlor" means a business establishment
wherein the patrons thereof are invited to discuss sexual matters
or engage in sexual activities with an unclothed or partially unclothed
person and who pay a fee for such discussion or activities. This definition
shall not include therapy sessions conducted by physicians, therapists
and counselors licensed and regulated by the state.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Short-term rental" means the renting, leasing or letting of
residential property for transient lodging, where the term of occupancy,
possession or tenancy is less than thirty consecutive calendar days.
(Ord. 2003-1013 § 1)
"Sign" means any writing, pictorial representation, symbol,
banner, or any other figure of similar character of whatever material
which is used to identify, announce, direct attention to or advertise,
which is placed on the ground, on any bush, tree, rock, wall, post,
fence, building, structure, vehicle, or on any place whatsoever and
which is visible from outside a building. The term "placed" shall
include constructing, erecting, posting, painting, printing, tacking,
mailing, gluing, sticking, carving, stringing or otherwise fastening,
affixing or making visible in any way whatsoever. The term "sign"
shall not be deemed to include the flag of the State of California
or of the United States of America or of any other nation.
(Ord. 601 § 1, 1983; Ord. 94-884)
A sign not exceeding eight feet in height which is supported
by a base not exceeding twenty-five percent of the sign area and which
extends the entire length of the sign area and is an integral part
of the design.
(Ord. 94-884)
"Single-family dwelling" means a lot containing one dwelling
unit, not attached in any manner to another dwelling unit.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Single-room occupancy unit" or an "SRO," means a room used
for sleeping purposes that: (1) is occupied as a primary residence;
(2) lacks, in the unit itself, either or both a kitchen or bathroom;
and (3) is subject to state landlordtenant law pursuant to Chapter
2 (commencing with Section 1940) of Title 5 of Part 4 of Division
3 of the Civil Code.
(Ord. 2016-1155 § 3)
See "Swimming pools."
(Ord. 94-884)
"Specified sexual activities" is defined as follows:
1.
Human
genitals in a state of sexual stimulation or arousal;
2.
Acts
of human masturbation, sexual intercourse or sodomy; and
3.
Fondling
or other erotic touching of human genitals, pubic region, buttock
or female breast.
|
"Specified anatomical areas" is defined as follows:
| ||
|
1.
|
Less than completely and opaquely covered:
| |
|
a.
|
Human genitals, pubic region,
| |
|
b.
|
Buttock, and
| |
|
c.
|
Female breast below a point immediately above the top of the
areola; and
| |
|
2.
|
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
| |
(Ord. 601 § 1, 1983; Ord. 94-884)
"Stealth facility" means any communications facility that is
designed to blend into the surrounding environment and is visually
unobtrusive. Examples of stealth facilities may include roof-mounted
antennae that are architecturally screened, facade-mounted antennae
painted and treated as architectural elements to blend with the building,
and facilities appearing to be artwork, clock towers, flag poles,
trees or other interesting, appropriate and compatible visual forms.
Also known as concealed telecommunications facilities.
(Ord. 2002-983 § 6, 2002)
"Stepback" means the minimum horizontal distance between the
building line of a developed floor beneath and the building line of
a floor above the ground floor along any side of a structure as defined
in the respective zones in this code.
(Ord. 2012-1130 § 1)
"Story" is that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the top-most floor and the ceiling
or roof above. If the finished floor level directly above a usable
or unused under-floor is more than six feet above grade as defined
by the Uniform Building Code for more than fifty percent of the total
perimeter or is more than twelve feet above grade at any point, such
usable or unused under-floor space shall be considered as a story.
(Ord. 94-884)
"Story, first," is the lowest story in a building which qualifies
as a story, as defined herein, except that a floor level in a building
having only one floor level shall be classified as a first story,
provided such floor level is not more than four feet below grade as
defined in the Uniform Building Code, for more than fifty percent
of the total perimeter, or not more than eight feet below grade, at
any point.
(Ord. 94-884)
"Street" means a public right-of-way more than thirty feet in
width, which provides a public means of access to abutting property.
"Street" includes avenue, drive, circle, road, parkway, boulevard,
highway, thoroughfare or any other similar term. The term street shall
include the total width of the dedicated right-of-way.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Private street" means a right-of-way or easement in private
ownership, not dedicated or maintained as a public street, which affords
the principal means of access to two or more building sites.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Street wall" means the building façade along a property
line adjacent to any public street. The street wall may include arcades,
colonnades, recessed entrances, private open space, and urban open
space.
(Ord. 2012-1130 § 1)
"Structure" means anything constructed, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Submerged lands" means lands which lie below the line of mean
low tide.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Supportive housing" means housing with no limit on length of
stay, that is occupied by the target population, and that is linked
to onsite or offsite 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 pursuant to Health and Safety Code Section 50675.14(a)(B)(2).
Pursuant to Government Code Section 65583(a)(5), transitional housing
and supportive housing shall be considered a residential use of property,
and shall be subject only to those restrictions that apply to other
residential dwellings of the same type in the same zone.
(Ord. 2016-1155 § 3)
"Swimming pool" means a container located above or below the
existing finished grade that is designed for or used for swimming
or wading by persons, or any outside body of water created by artificial
means, designed or used for swimming or other immersion purposes,
any part of which is two feet deep or more. For purposes of this definition,
swimming pool includes spas and hot tubs.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Tattoo establishment" means any business which places, by any
method, designs, letters, scrolls, figures, symbols or any other marks
upon or under the skin with ink or colors, by the aid of needles or
instruments.
(Ord. 94-884)
"Tidelands" means lands which are located between the lines
of mean high tide and mean low tide.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Time share" means property in which a number of parties possess
a right to the exclusive use of the property, or a portion of the
property, for a specified recurring period of time.
(Ord. 2003-1013 § 2)
"Trailer" means a vehicle including the following types:
A.
"Camp
car" means a vehicle with its own motor power, which is designed for
human habitation.
B.
"Camper"
means a portable dwelling unit designed to be transported on a motor
vehicle.
(Ord. 94-884)
"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 no less than six months pursuant to Health and Safety Code Section
50801(i). Pursuant to Government Code Section 65583(a)(5), transitional
housing and supportive housing shall be considered a residential use
of property, and shall be subject only to those restrictions that
apply to other residential dwellings of the same type in the same
zone.
(Ord. 2016-1155 § 3)
"Urban open space" means any usable space accessible to the
general public that is one thousand square feet or greater in size
such as plazas, parks, etc.
(Ord. 2012-1130 § 1)
"Use" means the purpose for which land or building is arranged,
designed or intended, or for which either land or buildings are or
may be occupied or maintained.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Wall" means a solid vertical barrier attached to or part of
a building, or a solid fence.
(Ord. 94-884)
"Retaining wall" means a structure designed to support lateral
pressure of retained soil materials equal in height to the height
of the wall.
(Ord. 601 § 1, 1983; Ord. 94-884)
Wetlands are lands transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water. For purposes of this classification,
wetlands must have one or more of the following three attributes:
(1) at least periodically, the land supports predominantly hydrophytes;
(2) the substrate is predominantly undrained hydric soil; and (3)
the substrate is nonsoil and is saturated at some time during the
growing season.
(Ord. 94-884)
"Wireless communications facility" means a land use facility
that supports antennae and sends or receives radio frequency signals.
Wireless communications facilities include antennae and other types
of equipment for the transmission or receipt of such signals; telecommunication
towers or similar structures built to support such equipment; equipment
cabinets, base transceiver stations and other accessory development.
Also referred to as a telecommunication facility.
(Ord. 2002-983 § 7)
"Wireless facility support structure" means the electronic equipment
housed in cabinets or small buildings that, together with antennae,
comprises a PCS (personal communications services) facility or site.
The cabinets or buildings typically include an air conditioning unit,
a heating unit, electrical supply, telephone hook-up and back-up power
supply.
(Ord. 2002-983 § 8)
"Yard" means an open space, that lies between the principal
building or buildings and the nearest lot line, and is unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this title.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Front yard" means a yard extending across the full width of
a lot and lying between the front lot line and a line parallel thereto,
and having a distance between them equal to the required front yard
depth as prescribed in each zone. Front yards shall be measured by
a line at right angles to the front lot line, or by the radial line
in the case of a curved front lot line.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Rear yard" means a yard extending across the full width of
a lot and lying between the rear lot line and a line parallel thereto,
and having a distance between them equal to the required rear yard
depth as prescribed in each zone. Rear yards shall be measured by
a line at right angles to the rear lot line, or by the radial line
in the case of a curved rear lot line.
(Ord. 94-884)
"Side yard" means a yard extending from the side lot line to
a line parallel to and distant from such side lot line equal to the
required side yard prescribed in each zone, and between the required
front and rear yards.
(Ord. 601 § 1, 1983; Ord. 94-884)
"Street side yard" means a yard abutting a street (not alley)
extending from the side lot line on the street to a line parallel
to and distant from such side lot line equal to the required side
yard depth prescribed in each zone, and between the required front
yard and the rear lot line.
(Ord. 601 § 1, 1983; Ord. 94-884)
