This chapter provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the municipal code, these definitions shall control for the purposes of this title. If a word is not defined in this chapter, or in other provisions of the title, the most common dictionary definition is presumed to be correct.
(Ord. 1308 § 5, 2000)
As used in this title, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.
(1) 
Definitions "A."
"Accessory entertainment use"
means a use that is incidental to the main use which involves entertainment devices and equipment (e.g., electronic and mechanical games and rides, amplified music,and similar devices) and live entertainment and performances (e.g., music, dance, comedy act, karaoke).
"Accessory residential use"
means a use that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops which do not include living area.
"Accessory retail sales"
means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office or industrial complex. These uses include pharmacies, gift shops and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.
"Accessory structure"
means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this title, accessory structures and uses include: detached garages, greenhouses, artist's studios and workshops; hot tubs, Jacuzzi, spas and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
"Accessory use"
means a use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.
"Adult businesses"
means as defined in this code.
"Agent"
means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions and the council, regarding matters regulated by this title.
"Agricultural products processing"
means the processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:
(A) 
Alfalfa cubing;
(B) 
Corn shelling;
(C) 
Cotton ginning;
(D) 
Custom grist mills;
(E) 
Custom milling of flour, feed and grain;
(F) 
Dairies (but not feedlots);
(G) 
Drying of corn, rice, hay, fruits and vegetables;
(H) 
Grain cleaning and custom grinding;
(I) 
Hay baling and cubing;
(J) 
Pre-cooling and packaging of fresh or farm-dried fruits and vegetables;
(K) 
Sorting, grading and packing of fruits and vegetables;
(L) 
Tree nut hulling and shelling.
Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of agricultural production.
"Agricultural production"
means commercial agricultural field and orchard uses including production of:
(A) 
Field crops;
(B) 
Flowers and seeds;
(C) 
Fruits;
(D) 
Grains;
(E) 
Melons;
(F) 
Ornamental crops;
(G) 
Tree nuts;
(H) 
Trees and sod;
(I) 
Vegetables.
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field not involving a permanent structure.
"Alcoholic beverage sales"
means the retail sale of beer, wine and/or other alcoholic beverages for on- or off-premises consumption.
"Alley"
means a public or private roadway, generally not more than thirty feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
"Allowed use"
means a use of land identified by Chapters 21.04 through 21.14 of this title as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and/or design review and/or building permit approval, subject to compliance with all applicable provisions of this title.
"Alteration"
means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure or a change in the external appearance of any structure, not including painting.
"Ambulance service"
means a commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies.
"Antenna"
means a device used in communications which transmits or receives radio signals, including the following.
(A) 
"Antenna—dish" means a dish-like antennas used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.
(B) 
"Antenna—panel" means an antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.
(C) 
"Antenna—satellite" means an antenna for the home, business or institutional reception of television, data and other telecommunications broadcasts from orbiting satellites.
(D) 
"Antenna—whip" means an antenna that transmits signals in three hundred sixty degrees. These are typically cylindrical in shape and are less than six inches in diameter. Also called omnidirectional, stick or pipe antennas.
"Antiques, art galleries, collectibles stores"
means retail sales uses including antique shops, art galleries, curio, gift and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are instead defined as "artisan shops."
"Approval"
includes both approval and approval with conditions.
"Area, net"
means the portion of a parcel which is:
(A) 
Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street or other necessary public site within a proposed development project; or
(B) 
Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.
Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.
"Assembly uses"
means a structure or part of a structure in which facilities are provided for purposes as meetings for civic, educational, political, religious or social purposes.
"Attic"
means the area located between the uppermost plate and the roof or ridge of a structure.
"Auto parts sales"
means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation. Does not include tire recapping establishments, which are found under "vehicle services" or businesses dealing exclusively in used parts, which are included under "recycling—scrap and dismantling yards."
"Auto repair and maintenance"
means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes) or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:
(A) 
"Major repair/body work" means repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work and painting services; and also include tire recapping establishments.
(B) 
"Minor maintenance/repair" means facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).
Does not include automobile parking, repair shops that are part of a vehicle dealership on the same site; automobile service stations, which are separately defined; or automobile dismantling yards, which are included under "recycling—scrap and dismantling yards."
"Auto sales/rental"
means retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership; bicycle and moped sales; mobile home sales; recreational vehicle sales; tire recapping establishments; businesses dealing exclusively in used parts; or "service stations," which are separately defined.
"Automated teller machines (ATM)"
means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with Section 21.30.030 of this title.
(2) 
Definitions "B."
"Bakeries, retail"
means a retail business where bread, pastries and other baked goods are produced for retail sale from the site, primarily for off-site consumption.
"Balcony"
means a platform that projects out from the wall of a structure, typically on the second floor, is not supported by columns or pillars, and is surrounded by a rail or parapet. A balcony may, or may not, contain a roofed covering.
"Banks and financial services"
means financial institutions including:
(A) 
Banks and trust companies;
(B) 
Credit agencies;
(C) 
Holding (but not primarily operating) companies;
(D) 
Lending and thrift institutions;
(E) 
Other investment companies;
(F) 
Securities/commodity contract brokers and dealers;
(G) 
Security and commodity exchanges;
(H) 
Vehicle finance (equity) leasing agencies.
"Bedroom"
means a room capable of being used for sleeping purposes that is separable from other rooms by walls and a door, and that has access to a bathroom including dens, libraries, studies and all-purpose rooms.
"Block"
means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a waterway, dead end street, park, or city boundary. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.
"Broadcasting studios"
means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of "telecommunications facilities."
"Building material stores"
means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "warehousing and distribution." Hardware stores are listed in the definition of "general retail stores," even if they sell some building materials.
"Business support services"
means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:
(A) 
Blueprinting;
(B) 
Business equipment repair services (except vehicle repair);
(C) 
Commercial art and design (production);
(D) 
Computer-related services (rental, repair);
(E) 
Copying, quick printing and blueprinting services;
(F) 
Equipment rental businesses within buildings (rental yards are "Storage Yards and Sales Lots");
(G) 
Film processing laboratories;
(H) 
Heavy equipment repair services where repair occurs on the client site;
(I) 
Janitorial services;
(J) 
Mail advertising services (reproduction and shipping);
(K) 
Other "heavy service" business services;
(L) 
Outdoor advertising services;
(M) 
Photocopying;
(N) 
Photofinishing;
(O) 
Protective services (other than office related);
(P) 
Soils and materials testing laboratories;
(Q) 
Window cleaning.
"Butcher shop"
means a retail store or portion of a larger store selling food items, which sells meat, fish, fowl and poultry products, and which may on the same site cut the products sold from larger animal carcasses prior to packaging and/or sale. Does not include the slaughtering of live animals on the same site.
(3) 
Definitions "C."
"California Environmental Quality Act (CEQA)"
means state law (California Public Resources Code Section 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
"California Public Utilities Commission (CPUC)"
means the governmental agency which regulates the terms and conditions of public utilities in the state.
"Car washes"
means permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. Chapter 21.48 of this code (Temporary Use Permits).
"Caretaker's quarters"
means a residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.
"Cell site"
means a geographical area with a radius of two to eight miles that contains both transmitting and receiving antennae.
"Cellular"
means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.
"Certificate of public convenience and necessity"
means a certificate issued by the California Public Utilities Commission (CPUC).
"Chemical product manufacturing"
means manufacturing facilities that produce or use basic chemicals and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture three general classes of products:
(A) 
Basic chemicals, including acids, alkalis, salts and organic chemicals;
(B) 
Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors and pigments; and
(C) 
Finished chemical products to be used for ultimate consumption, including drugs, cosmetics and soaps; or to be used as materials or supplies in other industries including paints, fertilizers and explosives.
"City"
means the city of Fountain Valley, state of California, referred to in this title as the "city."
"City council"
means the Fountain Valley city council, referred to in this title as the "council."
"Clubs, lodges and membership meeting halls"
means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:
(A) 
Business associations;
(B) 
Civic, social and fraternal organizations;
(C) 
Labor unions and similar organizations;
(D) 
Political organizations;
(E) 
Professional membership organizations;
(F) 
Other membership organizations.
"Co-location"
means the locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted or structure-mounted facility.
"Concrete, gypsum and plaster product manufacturing"
means manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "building material stores."
"Condominium"
means as defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth or water or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
"Convenience stores"
means retail stores of generally three thousand five hundred square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility.
"Cottage food operation"
means an enterprise defined in Health and Safety Code Section 113758 as that law may be amended.
"County"
means the county of Orange, state of California.
(4) 
Definitions "D."
"Day care facilities"
means facilities that provide nonmedical care and supervision of minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.
(A) 
"Adult day care—small" means a facility located in a single-family residence where an occupant of the residence provides care and supervision for six or fewer adults.
(B) 
"Adult day care center" means a facility, place, or building that is maintained and operated to provide non-medical day treatment, adult day care, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and includes the following (greater than six persons; eighteen years old and over) for less than twenty-four hours per day:
(1) 
Adult day program;
(2) 
Therapeutic day services facility;
(3) 
Social rehabilitation facility;
(4) 
Community treatment facility;
(5) 
Transitional shelter care facility;
(6) 
Transitional housing placement facility.
(C) 
"Child day care center" means commercial or non-profit child day care facilities designed and approved to accommodate fifteen or more children. Includes infant centers, preschools, sick-child centers and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
(D) 
"Family daycare home" means a facility that regularly provides care, protection, and supervision for fourteen 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, and is either a large family daycare home or a small family daycare home. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned;
(E) 
"Large family day care home" means a day care facility located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zone allows for residential uses where an occupant of the residence provides care and supervision for nine to fourteen children. Children under the age of ten years who reside in the home count as children served by the day care facility.
(F) 
"Small family day care home" means a day care facility located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zone allows for residential uses where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home count as children served by the day care facility. "Deck" means a platform, either freestanding or attached to a structure that is supported by pillars, posts, or the first floor of the structure. A deck may, or may not, contain a roofed covering.
"Density"
means the number of housing units per net acre, unless otherwise stated, for residential uses.
"Density bonus"
means a density increase over the otherwise maximum allowable residential density.
"Department"
means the Fountain Valley planning department, referred to in this title as "department."
"Detached"
means any structure that does not have a wall or roof in common with another structure.
"Development"
means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this title.
"Development agreement"
means a contract between the city and an applicant for a development project, in compliance with Chapter 21.38 (Development Agreements) of this title and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
"Development code"
means the Fountain Valley development code, Title 21 of this code, referred to herein as "this title."
"Director"
means the city of Fountain Valley planning director, or designee of the director.
"Drive-in and drive-thru facilities"
means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy products, photo stores, etc.
"Duplex"
means a residential structure under single ownership containing two dwellings.
"Dwelling, dwelling unit or housing unit"
means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
(5) 
Definitions "E."
"Easement"
means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
"Electronics, equipment and appliance manufacturing"
means establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
(A) 
Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
(B) 
Aviation instruments;
(C) 
Electrical transmission and distribution equipment;
(D) 
Electronic components and accessories, and semiconductors, integrated circuits, related devices;
(E) 
Electronic instruments, components and equipment such as calculators and computers;
(F) 
Electrical welding apparatus;
(G) 
Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
(H) 
Industrial apparatus;
(I) 
Industrial controls;
(J) 
Instruments for measurement, testing, analysis and control, associated sensors and accessories;
(K) 
Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electro-therapeutic apparatus, electrical equipment for internal combustion engines;
(L) 
Motors and generators;
(M) 
Optical instruments and lenses;
(N) 
Photographic equipment and supplies;
(O) 
Pre-recorded magnetic tape;
(P) 
Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment and supplies;
(Q) 
Surveying and drafting instruments;
(R) 
Telephone and telegraph apparatus;
(S) 
Transformers, switch gear and switch-boards;
(T) 
Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.) or research and development facilities separate from manufacturing.
"Emergency shelters"
means facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.
"Enhanced specialized mobile radio"
means a digital wireless communication technology that specializes in providing dispatching services.
"Enlargement of use"
means the expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.
"Environmental impact report (EIR)"
means an informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
"Equipment sales and rental"
means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.
(6) 
Definitions "F."
"Fabric product manufacturing"
means manufacturing establishments fabricating clothing, draperies and other products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("general retail stores") are instead included under "personal services."
"Family"
means one or more persons occupying a premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A family shall be deemed to include domestic help employed by the family.
"Feasible"
means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
"Floor area ratio (FAR)"
means the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site. The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site shall be determined by multiplying the floor area ratio (FAR) by the total net area of the site (FAR x net site area = maximum allowable floor area). For the purpose of calculating floor area, floor area shall not include carports, garages, parking garages, elevator shafts, mechanical rooms, and exterior patios associated with the use within the same development, except as indicated in Section 21.08.040, Table 2-3.
FIGURE 7-1 FLOOR AREA RATIO
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"Flower tower"
means a structure that integrates a monopole into a light pole or other utility pole.
"Food and beverage manufacturing"
means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:
(A) 
Bakeries;
(B) 
Bottling plants;
(C) 
Breweries;
(D) 
Candy, sugar and confectionery products;
(E) 
Manufacturing;
(F) 
Catering services separate from stores or restaurants;
(G) 
Coffee roasting;
(H) 
Dairy products manufacturing;
(I) 
Fats and oil product manufacturing;
(J) 
Fruit and vegetable canning, preserving, related processing;
(K) 
Grain mill products and by-products;
(L) 
Meat, poultry and seafood canning, curing;
(M) 
By-product processing;
(N) 
Soft drink production;
(O) 
Miscellaneous food item preparation from raw products.
May include tasting and accessory retail sales of beverages produced on-site. A tasting facility separate from the manufacturing facility is included under the definition of "night clubs and bars" if alcoholic beverages are tasted, and under "restaurant" if beverages are non-alcoholic.
Does not include: bakeries which sell all products on-site, which are included in the definition of "general retail stores"; or beer brewing as part of a brew pub, bar or restaurant.
"Furniture, furnishings and equipment stores"
mean stores engaged primarily in selling the following products and related services, including incidental repair services:
(A) 
Draperies;
(B) 
Floor coverings;
(C) 
Furniture;
(D) 
Glass and chinaware;
(E) 
Home appliances;
(F) 
Home furnishings;
(G) 
Home sound systems;
(H) 
Interior decorating materials and services;
(I) 
Large musical instruments;
(J) 
Lawn furniture;
(K) 
Movable spas and hot tubs;
(L) 
Office furniture;
(M) 
Other household electrical and gas appliances;
(N) 
Outdoor furniture;
(O) 
Refrigerators;
(P) 
Stoves;
(Q) 
Televisions.
(7) 
Definitions "G."
"Garage or carport"
means parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of this title.
(A) 
A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.
(B) 
A carport is an attached or detached accessory structure enclosed on no more than two sides.
"General plan"
means the city of Fountain Valley general plan, including all its elements and all amendments to the general plan, as adopted by the city council under the provisions of Government Code Section 65300 et seq., and referred to in this title as the "general plan."
"General retail stores"
mean stores and shops selling many lines of merchandise. These stores and lines of merchandise include:
(A) 
Art galleries;
(B) 
Artists' supplies;
(C) 
Bakeries (all production in support of on-site sales);
(D) 
Bicycles;
(E) 
Books;
(F) 
Cameras and photographic supplies;
(G) 
Clothing and accessories;
(H) 
Collectibles (cards, coins, comics, stamps, etc.);
(I) 
Department stores;
(J) 
Drug and discount stores;
(K) 
Dry goods;
(L) 
Fabrics and sewing supplies;
(M) 
Florists and houseplant stores (indoor sales only outdoor sales are "plant nurseries");
(N) 
Furniture, home furnishings and equipment;
(O) 
General stores;
(P) 
Gift and souvenir shops;
(Q) 
Hardware;
(R) 
Hobby materials;
(S) 
Jewelry;
(T) 
Luggage and leather goods;
(U) 
Musical instruments, parts and accessories;
(V) 
Newsstands;
(W) 
Orthopedic supplies;
(X) 
Pet supplies sales with no animals but fish;
(Y) 
Religious goods;
(Z) 
Small wares;
(AA) 
Specialty shops;
(BB) 
Sporting goods and equipment;
(CC) 
Stationery;
(DD) 
Toys and games;
(EE) 
Variety stores.
"Glass product manufacturing"
means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations.
"Grade"
means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.
"Grand opening"
means an advertising event for the promotion of a newly opened use, a change in the orientation of a use or reopening of a use, following a remodeling or major renovation.
"Grocery store"
means a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.
"Ground-mounted"
means mounted to a lattice tower, monopole, pole or other freestanding structure specifically constructed for the purpose of supporting antennae.
(8) 
Definitions "H."
"Health/fitness facilities"
means fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.
"Height"
means the height of a structure measured as the vertical distance from finish grade to an imaginary plane located the allowed number of feet above and parallel to the finish grade.
"Heliport"
means a designated, marked area on the ground or the top of a structure where helicopters may land.
"Home business"
means the conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
"Hotel or motel"
means facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than thirty days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
"Hydroponic stores"
mean establishments that sell equipment for growing plants using mineral nutrient solutions, in water, without soil.
(9) 
Definitions "I."
"Illegal building or use"
means a building or use that does not conform to one or more of the provisions of this title, and did not lawfully exist on the effective date of applicable provisions of this title.
"Indoor amusement/entertainment facilities"
means establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
(A) 
Bowling alleys;
(B) 
Coin-operated amusement arcades;
(C) 
Dance halls, clubs and ballrooms;
(D) 
Electronic game arcades;
(E) 
Ice skating and roller skating;
(F) 
Pool and billiard rooms as primary uses.
Four or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.
"Institutional use"
means a nonprofit or quasi-public use (e.g., religious institution, library, public, or private school, hospital, or government-owned or government-operated structure or land used for public purpose).
"Intensification of use"
means a change in the use of a structure or site, where the new use is required to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
(10) 
Definitions "J."
(11) 
Definitions "K."
"Kitchen"
means a room or space within a building intended to be used for the cooking or preparation of food.
(12) 
Definitions "L."
"Land use permit"
means authority granted by the city to use a specified site for a particular purpose, including conditional use permits, temporary use permits and variances, as established by Chapters 21.32 through 21.50 of this title.
"Lattice tower"
means a structure with three or four steel support legs that supports a variety of antennae.
"Laundries and dry cleaning plants"
means service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment.
"Legal nonconforming parcel"
means a parcel that was legally created prior to the adoption of this title and which does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.
"Legal nonconforming sign"
means a sign which lawfully existed prior to the effective date of this title, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.
"Legal nonconforming structure"
means a structure that was legally constructed prior to the adoption of this title and which does not conform to current code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
"Legal nonconforming use"
means a use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this title and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located.
"Libraries and museums"
means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums and planetariums, which are generally non-commercial in nature.
"Living area"
means the total area within a dwelling unit designed and intended for occupancy by residents of the unit. Living area does not include closets, pantries, garages, patios, balconies, decks, and similar spaces.
"Lot or parcel"
means a recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this title. Types of lots include the following. See Figure 7-2 (Lot Types).
(A) 
"Corner lot" means a lot located at the intersection of two or more streets.
(B) 
"Flag lot" means a lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
(C) 
"Interior lot" means a lot abutting only one street.
(D) 
"Key lot" means an interior lot, the front of which adjoins the side property line of a corner lot.
(E) 
"Reverse corner lot" means a corner lot, the rear of which abuts a key lot.
(F) 
"Through lot" means a lot with frontage on two generally parallel streets.
-Image-20.tif
FIGURE 7-2 LOT TYPES
"Lot area"
means gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.
"Lot depth"
means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 7-3 (Lot Features). The director shall determine lot depth for parcels of irregular configuration.
"Lot frontage"
means the boundary of a lot adjacent to a public street right-of-way.
"Lot line or property line"
means any recorded boundary of a lot. Types of lot lines are as follows (see Figure 7-3 (Lot Features)):
(A) 
"Front lot line" means on an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
(B) 
"Interior lot line" means any lot line not abutting a street.
(C) 
"Rear lot line" means a property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
(D) 
"Side lot line" means any lot line that is not a front or rear lot line.
"Lot width"
means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 7-3 (Lot Features). The director shall determine lot width for parcels of irregular shape.
-Image-21.tif
FIGURE 7-3 LOT FEATURES
"Lumber and wood product manufacturing"
means manufacturing, processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft or construction processes. Includes the following processes and products:
(A) 
Containers, pallets and skids;
(B) 
Milling operations;
(C) 
Trusses and structural beams;
(D) 
Turning and shaping of wood products;
(E) 
Wholesaling of basic wood products;
(F) 
Wood product assembly.
Craft-type shops are included in "handcraft industries and small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "building material stores."
(13) 
Definitions "M."
"Medical services—Clinics, offices and laboratories"
means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:
(A) 
Health management organizations (HMOs);
(B) 
Medical and dental laboratories;
(C) 
Medical, dental and psychiatric offices;
(D) 
Out-patient care facilities;
(E) 
Other allied health services.
Counseling services by other than medical doctors or psychiatrists are included under "offices."
"Medical services—Extended care"
means residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "residential care homes."
"Medical services—Hospitals"
means hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports.
"Metal products fabrication—Machine and welding shops"
means establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates and similar products.
(A) 
Blacksmith and welding shops;
(B) 
Sheet metal shops;
(C) 
Machine shops and boiler shops.
"Mixed-use project"
means a project which combines both commercial and residential uses, where the residential component is typically located above the commercial.
"Mobile home"
means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "single-family dwellings."
"Mobile home and recreational vehicle sales"
means retail establishments selling and/or renting the following new or used vehicles and products:
(A) 
Boats;
(B) 
Campers/camper shells;
(C) 
Golf carts;
(D) 
Jet skis;
(E) 
Mobile homes;
(F) 
Motor homes;
(G) 
Motorcycles;
(H) 
Snowmobiles;
(I) 
Travel/recreational trailers;
(J) 
Other recreational vehicles.
May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include parts/accessory sales separate from a vehicle dealership or bicycle and moped sales.
"Mobile home park"
means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium or other form of resident ownership, to accommodate mobile homes used for residential purposes.
"Monopole"
means a structure composed of a single spire used to support antennae and related equipment.
"Mortuaries and funeral homes"
means funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.
"Mounted"
means attached or supported.
"Multi-family dwellings"
means a building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse developments (three or more attached single-family dwellings where no unit is located over another unit) and senior citizen multi-family housing.
"Multi-tenant commercial center"
means a commercial development containing a mixture of uses, including retail stores, restaurants, entertainment facilities and offices.
(14) 
Definitions "N."
"Negative declaration"
means a statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).
"Nightclubs and bars"
means any bar, cocktail lounge, discotheque or similar establishment which provides live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery.
"Non-subdivision residential project"
means any new residential project that includes dwelling units but does not require the subdivision of land through a parcel or tract map.
(15) 
Definitions "O."
"Occupancy"
means all or a portion of a structure occupied by one tenant.
"Offices."
This title distinguishes between the following types of office facilities. These do not include medical offices or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.
(A) 
"Administrative/business" means establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.
(B) 
"Government" means city, and other local, state and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "vehicle and freight terminals."
(C) 
"Production" means office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:
(i) 
Advertising agencies;
(ii) 
Architectural, engineering, planning and surveying services;
(iii) 
Computer software production and programming services;
(iv) 
Educational, scientific and research;
(v) 
Organizations;
(vi) 
Media postproduction services;
(vii) 
Photography and commercial art studio;
(viii) 
Writers' and artists' offices;
(D) 
"Professional" means professional offices including:
(i) 
Accounting, auditing and bookkeeping services;
(ii) 
Attorneys;
(iii) 
Counseling services;
(iv) 
Court reporting services;
(v) 
Data processing services;
(vi) 
Detective agencies and similar services;
(vii) 
Employment, stenographic, secretarial and word processing services;
(viii) 
Literary and talent agencies;
(ix) 
Management and public relations services.
(E) 
"Temporary" means a mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project or a temporary business office in advance of permanent facility construction.
(F) 
"Temporary real estate" means the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
"Off-site"
means an activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
"On-site"
means an activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
"Open fence"
means a fence that is at least eighty percent open.
"Outdoor commercial recreation"
means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including:
(A) 
Amphitheaters;
(B) 
Amusement and theme parks;
(C) 
Health and athletic club outdoor facilities;
(D) 
Miniature golf courses;
(E) 
Skateboard parks;
(F) 
Stadiums and coliseums;
(G) 
Swim and tennis clubs;
(H) 
Tennis courts;
(I) 
Water slides;
(J) 
Zoos.
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.
(16) 
Definitions "P."
"Paper product manufacturing"
means the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc.
"Parking lots and garages"
means service establishments in the business of storing operative cars, trucks, buses, recreational vehicles and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the title.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "recycling facilities—scrap and dismantling yards").
"Parks and playgrounds"
means public parks, play lots, playgrounds and athletic fields for non-commercial neighborhood or community use, including tennis courts. If privately-owned, the same facilities are included under the definition of "private residential recreation facilities."
"Pawn shops"
means indoor retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public.
"Pedestrian orientation"
means any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:
(A) 
Street furniture;
(B) 
Design amenities related to the street level such as awnings, paseos, arcades;
(C) 
Visibility into buildings at the street level;
(D) 
Highly articulated façades at the street level with interesting uses of material, color, and architectural detailing;
(E) 
Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;
(F) 
Continuity of building façades along the street with few interruptions in the progression of buildings and stores;
(G) 
Signage oriented and scaled to the pedestrian rather than the motorist; and
(H) 
Landscaping.
"Pedestrian-oriented use"
means a use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.
"Permitted use"
means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
"Person"
means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state or district; and includes any trustee, receiver, assignee or other similar representative thereof.
"Personal communication services"
means a digital wireless communication technology that has the capacity for multiple communication services and provides a system in which calls are routed to individuals rather than places, regardless of location.
"Personal services"
mean establishments providing nonmedical services as a primary use, including:
(A) 
Barber and beauty shops;
(B) 
Clothing rental;
(C) 
Dry cleaning pick-up stores with limited equipment;
(D) 
Home electronics and small appliance repair;
(E) 
Laundromats;
(F) 
Psychic readers;
(G) 
Shoe repair shops;
(H) 
Spas and hot tubs; and
(I) 
Tanning salons.
These uses may also include accessory retail sales of products related to the services provided.
"Pharmacy"
means a retail store where a licensed pharmacist prepares prescription medicines for sale, which may also sell over-the-counter medicines, personal care products and other miscellaneous products.
"Planning commission"
means the city of Fountain Valley planning commission, appointed by the Fountain Valley city council in compliance with Government Code Section 65101, referred to throughout this title as the "commission."
"Plant nurseries and garden supply stores"
means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "General retail stores." Home greenhouses are included under "residential accessory uses and structures."
"Plastics and rubber product manufacturing"
means the manufacture of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. Establishments engaged primarily in recapping and retreading automobile tires are classified in "Vehicle services—Major repair/body work."
"Primary structure"
means a structure that accommodates the primary use of the site.
"Primary Use."
The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
"Primary zoning district"
means the zoning district applied to a site by the zoning map, to which an overlay zoning district may also be applied.
"Printing and Publishing."
Establishments engaged in printing by letterpress, lithography, gravure, screen, offset or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "business support services."
"Private residential recreation facilities"
means privately-owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities. Does not include golf courses/country clubs, which are separately defined.
"Private wireless communication facility"
means a wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).
"Property line"
means the recorded boundary of a parcel of land.
"Proposed project"
means a proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.
"Public right-of-way"
means an area of land not on a lot that is dedicated for public use to accommodate a transportation system and necessary public utility infrastructure (e.g., water lines, sewer lines, power lines and gas lines).
"Public safety facilities"
means facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
"Public utility facilities"
means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
(A) 
Corporation and maintenance yards;
(B) 
Electrical substations and switching stations;
(C) 
Natural gas regulating and distribution facilities;
(D) 
Public water system wells, treatment plants and storage;
(E) 
Telephone switching facilities;
(F) 
Wastewater treatment plants, settling ponds and disposal fields.
These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.
"Public wireless communication facility"
means a wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).
(17) 
Definitions "Q." No specialized terms beginning with the letter "Q" are used at this time.
(18) 
Definitions "R."
"Radiofrequency radiation"
means electromagnetic radiation in the portion of the spectrum from three kilohertz to three hundred gigahertz.
"Recreational vehicle (RV)"
means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency or other occupancy, which meets all of the following criteria:
(A) 
It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
(B) 
It contains four hundred square feet or less of gross area measured at maximum horizontal projections;
(C) 
It is built on a single chassis; and
(D) 
It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
"Recycling Facilities."
This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.
(A) 
"Collection facility" means a center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:
(i) 
Reverse vending machine(s);
(ii) 
Small collection facilities which occupy an area of three hundred fifty square feet or less and may include:
a. 
A mobile unit,
b. 
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet, and
c. 
Kiosk-type units which may include permanent structures.
(iii) 
Large collection facilities which occupy an area of more than three hundred fifty square feet and/or include permanent structures.
(B) 
"Mobile recycling unit" means an automobile, truck, trailer or van used for the collection of recyclable materials, carrying bins, boxes or other containers.
(C) 
"Processing facility" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "scrap and dismantling yards," below:
(i) 
Light processing facility occupies an area of under forty-five thousand square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
(ii) 
A heavy processing facility is any processing facility other than a light processing facility.
(D) 
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site.
(E) 
"Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.
(F) 
"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
"Religious facilities"
means facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc. and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other poten-tially related operations (such as a recreational camp) are classified according to their respective activities.
"Research and development (R&D)"
means indoor facilities for scientific research, and the de-sign, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies, soils and other materials testing laboratories, or medical laboratories.
"Residential accessory uses and structures"
means any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:
(A) 
Garages;
(B) 
Gazebos;
(C) 
Greenhouses;
(D) 
Spas and hot tubs;
(E) 
Storage sheds;
(F) 
Studios;
(G) 
Swimming pools;
(H) 
Tennis and other on-site sport courts;
(I) 
Workshops.
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts.
"Residential care homes"
means facilities providing residential social and personal care for children, the elderly, and people with limited ability for self-care, but where medical care is not a major element. Includes: children's homes; board and care homes; transitional houses; rehabilitation centers; self-help group homes. Note: Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical service—Extended care."
"Residential district or zone"
means any of the residential zoning districts established by Section 21.04.020 (Zoning districts established) of this title.
"Restaurant"
means a retail business selling food and beverages prepared on the site, for on- or offpremises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses. For permitting purposes, the city categorizes restaurants as:
"Restaurant, large format"
means establishments with fifty-one seats or more.
"Restaurant, small format"
means establishments with fifty seats or less.
"Restaurant—outdoor dining"
means an outdoor area where tables and seating are provided and food and/or beverages are served in outdoor areas. Outdoor dining areas may be for the common use by several tenants or under the exclusive control of a single operator.
"Review authority"
means the individual or official city body (the community development director, planning commission or city council) identified by this title as having the responsibility and authority to review, and approve or disapprove the permit applications described in Chapter 4 (Development Code Administration).
"Roof-mounted"
means mounted above the eave line of a structure.
(19) 
Definitions "S."
"Schools"
means public and private educational institutions, including:
(A) 
Boarding schools;
(B) 
Business, secretarial and vocational schools;
(C) 
Community colleges, colleges and universities;
(D) 
Elementary, middle and junior high schools;
(E) 
Establishments providing courses by mail;
(F) 
High schools;
(G) 
Military academies;
(H) 
Professional schools (law, medicine, etc.);
(I) 
Seminaries/religious ministry training facilities;
Also includes specialized schools offering instruction in the following:
(J) 
Art;
(K) 
Ballet and other dance;
(L) 
Computers and electronics;
(M) 
Drama;
(N) 
Driver education;
(O) 
Language;
(P) 
Music.
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications and management. Does not include pre-schools and child day care facilities.
"Secretary of the commission"
means the director shall serve as the secretary of the commission.
"Senior citizen"
means an adult fifty-five years or older.
"Service station"
means a retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work or the rental of vehicle storage or parking spaces.
"Setback"
means the distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. Figure 7-4 (Setbacks) shows the location of front, side, street side, rear and interior setbacks.
-Image-22.tif
FIGURE 7-4 SETBACKS
"Shopping center"
means primarily retail commercial sites with two or more separate businesses sharing common pedestrian and parking areas. A small-scale shopping center: is fifty-five thousand square feet or less in gross floor area; is on a site less than five acres in net area; has the majority of its parking located between the public streets and its buildings, and no parking underground or within a parking structure.
"Single-family dwellings"
means buildings designed for and occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the uniform building code (U.B.C.), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.
"Single room occupancy (SRO) hotel"
means a residential hotel that contains six or more SRO units designed for long-term occupancy by a single person in compliance with Section 21.10.050(b).
"Single room occupancy (SRO) unit"
means a living unit within a SRO residential hotel consistent with Section 17958.1 of the California Health and Safety Code which has a minimum area of one hundred fifty square feet and is limited to persons of low and very-low income only.
"Site"
means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
"Site coverage"
means the percentage of total site area occupied by structures and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking and circulation of motor vehicles. See Figure 7-5 (Site coverage).
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FIGURE 7-5 SITE COVERAGE
"Specialized sporting goods store"
means an establishment engaged in the retail sales of a specialized line of sporting goods and equipment for a single sporting activity, including but not limited to, baseball, football, basketball, soccer, tennis, golf, bicycles, lacrosse, dance, or other sports; does not include retail establishments selling a variety of goods and equipment for multiple sports.
"Stand"
means a structure for the display and sale of products with no space for customers within the structure itself.
"Stealth facility"
means a communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as "concealed antenna."
"Stone and cut stone product manufacturing"
means manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished monuments and tombstones.
"Storage—commercial self-storage facility (mini-storage)"
means any use for the purpose of renting or leasing individual storage space (indoor rooms, lockers, containers and/or outdoors) to customers, usually on a short-term basis, who utilize such a facility for the purposes of storing their materials and possessions. A commercial self-storage facility may include a caretakers unit. A commercial self-storage facility does not include warehousing, wholesaling, distribution, and logistics uses.
"Storage—outdoor"
means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
"Street."
A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined in this subsection.
"Structure"
means anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."
"Structure-mounted"
means mounted to the side of a structure (e.g., a billboard, church steeple, freestanding sign, etc.).
"Structural clay and pottery product manufacturing"
means manufacturing establishments engaged primarily in producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Artist/craftsman uses are included in "cottage industries," "handcraft industries and small scale manufacturing," "home businesses."
"Studios for art, dance, music, photography, etc."
means small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "schools—specialized education and training." These studios include facilities for: individual and group instruction and training in the arts, production rehearsal, music recording, photography, and the processing of photographs produced only by users of the studio facilities; and physical fitness activities such as martial arts training studios, yoga, gymnastics instruction, aerobics and gymnastics studios with no other fitness facilities or equipment.
"Subdivision"
means the division, by any subdivider, of any unit or portion of land shown on the latest equalized Orange County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.
"Subdivision Map Act, or Map Act"
means Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.
"Supportive housing"
means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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 (California Government Code Section 65582(g)). As used in this definition, "target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. 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.
(20) 
Definitions "T."
"Tandem parking"
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Tattoo establishments"
mean premises used for the business of marking or coloring the skin with tattoos and all furnishings, equipment, instruments, dyes, inks, and other facilities maintained therein incidental to such use.
"Telecommunications facilities"
means public, commercial and private electromagnetic and photo electrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.
"Temporary outdoor retail sales"
means the sale of merchandise outdoors on a temporary basis when conducted in conjunction with an existing retail business.
"Temporary structure"
means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Temporary use"
means a use of land that is designed, operated and occupies a site for a limited period of time.
"Textile and leather product manufacturing"
means manufacturing establishments engaged in performing any of the following operations:
(A) 
Coating, waterproofing or otherwise treating fabric;
(B) 
Dying and finishing fiber, yarn, fabric and knit apparel;
(C) 
Manufacture of knit apparel and other finished products from yarn;
(D) 
Manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles;
(E) 
Manufacturing of woven fabric, carpets and rugs from yarn;
(F) 
Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage;
(G) 
Upholstery manufacturing.
"Theaters and auditoriums"
means indoor facilities for public assembly and group entertainment, other than sporting events, including:
(A) 
Civic theaters and facilities for "live" theater and concerts;
(B) 
Exhibition and convention halls;
(C) 
Motion picture theaters;
(D) 
Public and semi-public auditoriums;
(E) 
Similar public assembly uses.
Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.
"Townhome"
means a single-family attached house that is attached to a similar house by a shared or common side wall. Townhomes do not include units that are stacked one on top of the other.
"Transit stations and terminals"
means passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
"Transitional housing"
means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (California Government Code Section 65582(j)). Transitional 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.
(21) 
Definitions "U."
"Use"
means the purpose for which land or a structure is designed, arranged, intended, occupied or maintained.
"Utility facilities"
means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
(A) 
Corporation and maintenance yards;
(B) 
Electrical substations and switching stations;
(C) 
Natural gas regulating and distribution facilities;
(D) 
Public water system wells, treatment plants and storage;
(E) 
Telephone switching facilities;
(F) 
Wastewater treatment plants, settling ponds and disposal fields.
These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.
"Utility infrastructure"
means pipelines for water, natural gas and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers or distribution substations.
(22) 
Definitions "V."
"Variance"
means a discretionary entitlement that may waive or relax the development standards of this title.
"Vehicle and freight terminals"
means this land use consists of transportation establishments furnishing services incidental to air, motor freight and rail transportation including:
(A) 
Freight forwarding services;
(B) 
Freight terminal facilities;
(C) 
Joint terminal and service facilities;
(D) 
Packing, crating, inspection and weighing services;
(E) 
Postal service bulk mailing distribution centers;
(F) 
Transportation arrangement services;
(G) 
Trucking facilities, including transfer and storage.
"Vehicle services"
means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:
(A) 
"Major repair/body work" means repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work and painting services; and also include tire recapping establishments.
(B) 
"Maintenance/minor repair" means minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).
Does not include automobile parking, repair shops that are part of a vehicle dealership on the same site; automobile service stations, which are separately defined; or automobile dismantling yards, which are included under "recycling—scrap and dismantling yards."
"Veterinarians, animal hospitals, kennels, boarding"
means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.
(23) 
Definitions "W."
"Warehousing, wholesaling and distribution."
These facilities include:
(A) 
"Warehousing" means facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public; warehouse facilities in which the primary purpose of storage is for wholesaling and distribution; or terminal facilities for handling freight.
(B) 
"Wholesaling and distribution" means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:
(i) 
Agents, merchandise or commodity brokers, and commission merchants;
(ii) 
Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
(iii) 
Merchant wholesalers;
(iv) 
Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
"Wireless telecommunication(s) facilities," "wireless communication(s) facility," "wireless facility," or "facility"
means any device or system for transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves for cellular technology, personal communication services, mobile services, paging systems and related technologies. Facilities include towers, utility poles, transmitters, microwave dishes, antennas and parabolic antennas, small cells, macro and micro cells, DAS, DCU, and all other types of equipment used in transmitting or receiving signals; antenna structures, associated buildings, base stations, emergency power systems or cabinets which house support equipment; and other accessory development.
"Wrapped"
means a building form where residential units and/or retail area "wrap" around the exterior walls of an above-grade parking structure.
(24) 
Definitions "X." No specialized terms beginning with the letter "X" are used at this time.
(25) 
Definitions "Y."
"Yard"
means an area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this title. See Figure 7-4 (Setbacks).
(A) 
"Front yard" means an area extending across the full width of the lot between the front lot line and the required setback.
(B) 
"Rear yard" means an area extending the full width of the lot between a rear lot line and the required setback.
(C) 
"Side yard" means an area extending from the front yard to the rear yard between the nearest side lot line and the required setback.
(26) 
Definitions "Z."
"Zero lot line"
means the location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.
"Zoning district"
means any of the residential, commercial, public, or overlay districts established by Chapters 21.04 through 21.14 of this title, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).
(Ord. 1308 § 5, 2000; Ord. 1385 § 4, 2006; Ord. 1428 § 5, 2009; Ord. 1456 § 5, 2010; Ord. 1460 § 5, 2011; Ord. 1463 § 5, 2011; Ord. 1497 § 6, 2014; Ord. 1510 § 4, 2016; Ord. 1514 §§ 5, 6, 2016; Ord. 1523 § 8, 2017; Ord. 1527 §§ 9—16, 2017; Ord. 1536 § 1, 2018; Ord. 1548 § 7, 2019; Ord. 1555 § 5, 2020; Ord. 1558 §§ 5—9, 2020; Ord. 1562 § 4, 2020; Ord. 1574 § 10, 2021; Ord. 1576 § 13, 2021; Ord. 1582 §§ 7, 8, 2022; Ord. 1589 § 8, 2022)