For the purposes of this title, certain
words and terms used in this title are defined as provided in this
chapter.
(Prior code Title 2, Ch. 1, Art.
2)
A.
City Boards and Commissions.
1.
"City" means the city of Pleasanton,
Alameda County, California.
2.
"City council" and "council" mean
the city council of the city of Pleasanton.
3.
"City planning commission," "planning
commission" and "the commission" mean the planning commission duly
appointed by the city council of the city of Pleasanton.
B.
City Officials.
1.
"Building inspector" means the building
inspector of the city of Pleasanton.
2.
"Chief of police" means the chief
of police of the city of Pleasanton.
3.
"City attorney" means the city attorney
of the city of Pleasanton.
4.
"City clerk" means the city clerk
of the city of Pleasanton.
5.
"City engineer" means the city engineer
of the city of Pleasanton.
6.
"Community development director"
means the community development director of the city of Pleasanton,
or designee.
7.
"Operations services director" means
the operations services director of the city of Pleasanton, or designee.
8.
"Secretary" means the secretary of
the city planning commission.
9.
"Zoning administrator" means the
zoning administrator of the city of Pleasanton, or his or her deputy
designated by the city manager of the city of Pleasanton.
(Prior code § 2-5.16; Ord. 2000 § 1, 2009)
"Access corridor" means a portion
of the site providing access from a street and having a minimum dimension
less than the required site width, except that no portion of a site
having side lot lines radial to the center of curvature of a street
from the street property line to the rear lot line shall be deemed
an access corridor. The area of an access corridor shall not be included
in determining the area of a site.
(Prior code § 2-5.17(a))
"Accessory dwelling unit" means an
attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons and is located
on a lot with one or more proposed or existing primary residences.
It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same lot as the one-family or multi-family
dwelling are situated. An accessory dwelling unit also includes the
following:
A.
An efficiency unit, as defined in Section
17958.1 of the California Health and Safety Code.
B.
A manufactured home, as defined in Section
18007 of the California Health and Safety Code.
(Ord. 2161 §
1, 2017; Ord. 2213 § 2, 2021)
"Active ground-floor uses" are those
that promote an active pedestrian environment on the ground floor
of a commercial building and attract walk-in customers. Active ground-floor
uses include retail establishments, restaurants, bars and brew pubs,
art and craft studios, and other uses determined by the director of
community development to be substantially similar to the foregoing
or to have unique characteristics such that the objectives of the
overlay district would be met. Active ground-floor uses do not include
personal services.
(Ord. 2194 §
2, 2019; Ord. 2222 § 1, 2021)
"Agriculture" means the cultivation
of land and raising of plants or animals for commercial use and includes
agricultural processing, crop storage and related facilities and structures,
and housing of agricultural employees. Retail sales of products is
limited to the sale of wine at wineries and products grown on the
premises from roadside stands.
(Ord. 2062 §
2, 2013)
"Alley" means a public way permanently
reserved primarily for vehicular service access to the rear or side
of properties otherwise abutting on a street.
(Prior code § 2-5.17(b))
"Alter" means to make a change in
the supporting members of a structure, such as bearing walls, columns,
beams or girders, which will prolong the life of the structure.
(Prior code § 2-5.17(c))
"Amateur radio facility" means antennas
and related equipment for the purpose of self-training, intercommunication,
or technical investigations carried out by an amateur radio operator
who is interested in radio technique solely for personal interests
and without pecuniary interest, who holds a written authorization
from the federal communications commission to operate an amateur radio
facility.
(Ord. 1743, 1998)
"Antenna" means any system of poles,
panels, rods, or similar devices used for the transmission and reception
of radio frequency signals.
(Ord. 1743, 1998)
"Antenna, façade mounted"
means an antenna that is directly attached or affixed to any façade
of a building.
(Ord. 1743, 1998)
"Antenna, ground mounted" means an
antenna with its support structure placed directly on the ground.
(Ord. 1743, 1998)
"Antenna, roof mounted" means an
antenna generally freestanding, directly attached or affixed to the
roof of an existing building or structure other than a personal wireless
service facility tower.
(Ord. 1743, 1998)
"Bar" means any premises in which
alcoholic beverages are regularly offered for sale and on-site consumption
excluding restaurants that only sell alcoholic beverages between 6:00
a.m. and 11:00 p.m. A restaurant which sells alcoholic beverages any
time after 11:00 p.m. and before 6:00 a.m. shall be classified as
a bar for purposes of this zoning code.
(Ord. 1346 §
1, 1987; Ord. 1665 § 1, 1995; Ord. 1743, 1998; Ord. 2017 § 2, 2011; Ord.
2055 § 2, 2012)
"Basement commercial storage, public"
means storage space located in the basement of any commercial building
that is made available to the public.
(Ord. 2017 §
2, 2011)
"Body art facility" means a business
used by a body art practitioner licensed by the Alameda County Department
of Environmental Health to provide tattoo, body piercing and/or permanent
cosmetic services to a client's arms, legs, or trunk, in addition
to a client's face, ears, hands or feet. Accessory retail sales of
related products may also be sold.
(Ord. 2216 §
2, 2021)
"Small bed and breakfast" means a
residential building offering overnight accommodations to guests on
a temporary basis. A small bed and breakfast may serve meals to guests
and shall contain between three and five guest sleeping rooms, inclusive.
(Ord. 1636 §
2, 1994; Ord. 2017 § 2, 2011)
"Bed and breakfast inn" means a residential
building or buildings offering overnight accommodations to guests
on a temporary basis. A bed and breakfast inn may serve meals to guests
and shall contain between six and 15 guest sleeping rooms, inclusive.
(Ord. 1636 §
2, 1994)
"Best available control technology"
means commercially available equipment, processes, and actions to
reduce air pollution to the greatest extent possible.
(Ord. 1880, 2003)
"Block" means the properties abutting
on one side of a street and lying between the two nearest intersecting
or intercepting streets, or nearest intersecting or intercepting street
and railroad right-of-way, unsubdivided land, watercourse, or city
boundary.
(Prior code § 2-5.17(d); Ord. 1880, 2003)
"Biodiesel" means a fuel processed
from soybean oil, other vegetable oil, and/or recycled cooking oil.
(Ord. 1880, 2003)
"Brew pub" means a business that
brews and sells beer for on site consumption. Ancillary retail sales
are also permitted. A brew pub may be operated separately or in conjunction
with a restaurant.
(Ord. 1665 §
1, 1995; Ord. 1880, 2003)
"Brewery and distillery" means a
business taking up 10,000 square feet or more in floor area that brews
beer and/or distills spirits for wholesale sales. No on site consumption
of beer and/or spirits is permitted except as part of quality testing
and/or tours. Ancillary retail sales are also permitted.
(Ord. 1665 §
1, 1995)
"Building" means any structure having
a roof supported by columns or walls, for the housing or enclosure
of persons, animals, chattels or property of any kind.
(Prior code § 2-5.17(e))
"Business sign" means a sign devoted
to directing attention to a business, profession, commodity or service
that is the primary business, profession, commodity, or service sold,
manufactured, conducted or offered on the site on which the sign is
located.
(Prior code § 2-5.18(a))
A.
"Car wash, full service" means a place
where motor vehicles are manually vacuumed and cleaned, drawn by mechanical
conveyor through an enclosed building tunnel to be manually and/or
automatically washed, dried and/or waxed, and taken to a final area
for finishing. All such operations are performed by the car wash operator.
Incidental services may include special wax, polish and detail operations,
sales of gasoline and other motor fuels, sales of small gift items,
and personal services to waiting car wash customers.
B.
"Car wash, self-service" means a place
where motor vehicles are manually vacuumed, cleaned, washed and/or
waxed by the vehicle operator.
C.
"Car wash, drive-through" means a place
where motor vehicles are driven by the vehicle operator through a
fully enclosed building tunnel to be automatically washed, dried and/or
waxed. Drive-through car washes are typically operated in conjunction
with a service station or self-service car wash.
(Ord. 1494 §
1, 1991)
"Charitable institution" means a
nonprofit institution devoted to the housing, training or care of
children, or of aged, indigent, disabled or underprivileged persons,
but does not include the following: lodging houses or dormitories
providing temporary quarters for transient persons; organizations
devoted to collecting or salvaging new or used materials; or organizations
devoted principally to distributing food, clothing or supplies on
a charitable basis.
(Prior code § 2-5.18(b); Ord. 2061 § 2, 2013)
"Cogeneration facility" means an
electrical power generation facility that produces electricity and
another useful form of energy (such as heat or steam) used for other
purposes, such as heating or an industrial process.
(Ord. 1880, 2003)
"Collocation" means when more than
one personal wireless service facility owned or used by more than
one personal wireless service provider is sited on a single building,
tower, monopole, or other supporting structure.
(Ord. 1743, 1998; Ord. 1880, 2003)
"Combined cycle facility" means an
electrical power generation facility that consists of one or more
turbines and one or more boilers with a portion of the energy input
to the boiler(s) provided by the exhaust gas of the turbine.
(Ord. 1880, 2003)
"Commercial mobile services" means
a category of services which encompasses all mobile telecommunications
services that are provided for profit, are interconnected with the
public switched telephone network, and make service available to the
public or to such classes of eligible users as to be effectively available
to a substantial portion of the public. The one common element of
all commercial mobile services is that they use a radio frequency
or channel instead of a wire to communicate to and from one or more
devices which are mobile, such as pager or cellular phone. The definition
of commercial mobile services includes fixed/local loop services.
(Ord. 1743, 1998; Ord. 1880, 2003)
"Community facility" means any of
the following uses or buildings not owned or operated by a local,
state, or federal government agency or service facility: place of
worship, rectory or convent, museum, or other similar use or structure
determined to be substantially similar by the director of community
development.
(Ord. 2155 §
3, 2017)
"Convenience market" means a food
market which carries a limited inventory of food, beverages and convenience
items, but excluding liquor stores, delicatessens and specialty food
shops.
(Ord. 1494 §
1, 1991; Ord. 2155 § 3, 2017)
"Cottage food operation" means an
enterprise within the registered or permitted (by the Alameda County
department of environmental health food safety division) area of a
private home or apartment, or other multi-family housing (i.e., condominiums
or townhomes), where the individual, who proposes to operate the cottage
food operation in his or her private residence and is the owner of
the cottage food operation, prepares and/or packages cottage food
products that are not potentially hazardous foods for direct or indirect
sale to consumers. See California Health and Safety Code Section 113758.
(Ord. 2056 §
1, 2013)
"Court" means an unoccupied open
space on the same site with a building, which is bounded on three
or more sides by exterior building walls.
(Prior code § 2-5.18(c))
"Coverage area" means the geographical
area that is served by an antenna which transmits and receives radio
frequency signals.
(Ord. 1743, 1998)
"Depth" means the horizontal distance
between the front and rear property lines of a site measured along
a line midway between the side property lines.
(Prior code § 2-5.18(d))
"Direct to home satellite services"
means the distribution or broadcasting of programming or services
by satellite directly to the subscriber's premises without the use
of ground receiving or distribution equipment, except at the subscriber's
premises.
(Ord. 1743, 1998)
"District" means a portion of the
city within which the use of land and structures and the location,
height and bulk of structures are governed by this chapter.
(Prior code § 2-5.18(e))
"Drive-in" means an establishment
selling food or beverages to customers, some or all of whom customarily
consume their purchases outdoors in or near their cars.
(Prior code § 2-5.19(a))
"Driveway" means a private road,
the use of which is limited to persons residing or working on the
site and their invitees, licensees and business visitors, and which
provides access to off-street parking or loading facilities.
(Prior code §2-5.19(b))
"Dwelling" means a one-family or
multi-family dwelling other than mobilehomes, automobile trailers,
hotels, motels, camp cars, tents, railroad cars and temporary structures.
(Prior code § 2-5.19(c); Ord. 2062 § 2, 2013)
"Dwelling unit" means one or more
rooms with a single kitchen, designed for occupancy by one family
for living and sleeping purposes.
(Prior code § 2-5.19(d))
"Electricity generator facility"
means one or more electrical power generators on a site that converts
a substance or substances (not including nuclear fuel or heat produced
by a nuclear reaction) into electricity through the utilization of
an engine or a turbine, and which is further defined as follows:
A.
"Large." Eleven to less than 50 megawatts
in combined total size, and for which some or all of the electricity
produced is exported off site.
B.
"Medium." Either: (1) one to 10 megawatts
in combined total size; or (2) 11 to less than 50 megawatts in combined
total size, if no electricity is exported off site.
C.
"Small." Less than one megawatt in combined
total size.
The size of an electricity generator
facility does not pertain to emergency standby electricity generator
facilities, as defined by this chapter.
(Ord. 1880, 2003)
"Employee housing (agricultural)"
means housing as described in California Health and Safety Code Sections
17021.5 and 17021.6, and employee housing as defined in California
Health and Safety Code Section 17008.
(Ord. 2062 §
2, 2013)
"Family" means an individual or two or more persons who live together in a dwelling unit. (See Housing Code Chapter 20.28 and 24 C.C.R. Section 202, as amended.)
(Prior code §2-5.19(e); Ord. 1880, 2003; Ord. 2062 § 2, 2013; Ord. 2244 § 2, 2023)
"Financial institution" means a use
where the primary occupation is the receipt, disbursement, and exchange
of funds and currencies, including banks, savings and loan offices,
finance companies, credit unions, and related services as determined
by the director of community development.
(Ord. 2155 §
3, 2017)
"Emergency standby electricity generator,
fuel cell, or battery facility" means one or more electrical power
generators (not including nuclear power generators), fuel cells, and/or
batteries on a site which produce electricity via an engine, turbine,
fuel cell, or battery, and which are only operated during interruptions
of electrical service to the electrical power grid in Pleasanton or
when the generators, fuel cells, or batteries are tested or serviced.
(Ord. 1880, 2003)
"Family daycare home" means a home
which regularly provides care, protection and supervision of children
in the provider's own home for periods of less than 24 hours per day
while the children's parents or guardians are away, including the
following:
A.
Small Family Daycare Home. A home providing
family daycare to seven or fewer children, including children under
the age of 10 years who reside at the home in compliance with California
Health and Safety Code Section 1597.44, as amended;
B.
Large Family Daycare Home. A home providing
family daycare to eight to 14 children, inclusive, including children
under the age of 10 years who reside at the home in compliance with
California Health and Safety Code Section 1597.465, as amended.
(Prior code § 2-5.19(f); Ord. 1126 § 1, 1984; Ord. 1880, 2003; Ord. 2120 § 1, 2015)
"Firearm" means a gun, pistol, revolver,
rifle or any device, designed or modified to be used as a weapon,
from which is expelled through a barrel a projectile by the force
of explosion or other form of combustion.
(Ord. 1738 §
1, 1998)
"Firearm sales" or "sale of firearms"
means the sale, transfer, lease, offer, registration, or advertising
for sale, transfer, lease, offer or registration of a firearm.
(Ord. 1738 §
1, 1998)
"Antique firearm sales" means the
sale of any firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and manufactured
in or before 1898 (including any matchlock, flintlock, percussion
cap, or similar type of ignition system or replica thereof, whether
actually manufactured before or after the year 1898), and also any
firearm using fixed ammunition manufactured in or before 1898, for
which the ammunition is no longer manufactured in the United States
and is not readily available in the ordinary channels of commercial
trade.
(Ord. 1738 §
1, 1998)
"Basic floor area" means the total
amount of gross floor area a building contains, expressed as a percentage
of the total area of the lot.
(Prior code § 2-5.20(a))
"Gross floor area" means the sum
of the gross horizontal area of the several floors of a building and
its accessory buildings on the same site excluding: basement or cellar
areas used only for storage; space used for off-street parking or
loading; steps, patios, decks, terraces, porches, and exterior balconies,
if not enclosed on more than three sides. Unless excepted above, floor
area includes, but is not limited to, both residential and non-residential
uses in a building, elevator shafts and stairwells measured at each
floor (but not mechanical shafts), penthouses, enclosed porches, interior
balconies and mezzanines.
(Prior code § 2-5.20(b); Ord. 2194 § 2, 2019)
"Frontage" means the property line
of a site abutting on a street, other than the side line of a corner
lot. "Frontage" shall be measured as the shortest distance between
the points at which the side property lines intersect the street property
line.
(Prior code § 2-5.20(c))
"Fuel cell facility" means one or
more electrical power generators which convert either hydrogen or
a hydrocarbon based fuel into electricity through an electrochemical
reaction, and which is further defined as follows:
A.
"Large." Eleven to less than 50 megawatts
in combined total size, and for which some or all of the electricity
produced is exported off site.
B.
"Medium." Either: (1) one to 10 megawatts
in combined total size; or (2) 11 to less than 50 megawatts in combined
total size, if no electricity is exported off-site.
C.
"Small." Less than one megawatt in combined
total size.
The size of a fuel cell facility
does not pertain to emergency standby fuel cell facilities, as defined
by this chapter.
(Ord. 1880, 2003)
"Game arcade" means any business which provides for public use two or more commercial "amusement devices" as defined by Section 6.04.010 of this code, or any business with fewer such devices where their operation is the primary business function.
(Prior code § 2-5.20(d); Ord. 1071 § 1, 1983)
"Garage" or "carport" means a class
I accessory structure or a portion of a main structure, having a permanent
roof, and designed for the storage of motor vehicles.
(Prior code § 2-5.20(e))
"Parking garage" means a structure
or part thereof used for the storage, parking or servicing of motor
vehicles, but not for the repair thereof.
(Prior code § 2-5.21(a))
"Repair garage" means a structure
or part thereof where motor vehicles or parts thereof are repaired
or painted.
(Prior code § 2-5.20(f); Ord. 1071 § 1, 1983)
"Garden center" means a site or structure
where, in addition to the services offered by a nursery, flora materials,
garden accessories (such as lawn and garden furniture, statuary, swimming
pool supplies and equipment, irrigation supplies, greenhouses, lawn
mowers, etc.) and landscape and garden construction and bulk materials
(such as decking, decorative rock, tan bark, paving stones, bender
board, etc.) may be sold and garden or landscape related services
(such as lawn mower sharpening and repair, garden equipment rental,
etc.) may be offered.
(Prior code § 2-5.21(b))
"Governmental facility" means an
administrative, clerical, or public contact and/or service office
of a local, state, or federal government agency or service facility.
Examples of such uses would include, but are not limited to: post
offices, passport and visa service offices, court houses.
(Ord. 2155 §
3, 2017)
"Grid" means the electrical distribution
and transmission system in Pleasanton.
(Ord. 1880, 2003)
"Habitable room" means a room meeting
the requirements of the uniform building code for sleeping, living,
cooking or dining purposes, excluding such enclosed spaces as closets,
pantries, bath or toilet rooms, service rooms, connecting corridors,
laundries, unfinished attics, foyers, storage spaces, cellars, utility
rooms and similar spaces.
(Prior code § 2-5.21(c); Ord. 1880, 2003)
"Home occupation" means the conduct of an art or profession, the offering of a service, the conduct of a business, or the handcraft manufacture of products in a dwelling in accord with the regulations prescribed in Chapter 18.104 of this title.
(Prior code § 2-5.21(d))
"Homeless shelter" means housing
with minimal supportive services for homeless persons that is limited
to occupancy of six months or less. (See California Health and Safety
Code Section 50801(e).)
(Ord. 2061 §
2, 2013)
See definition of Motel or Hotel.
(Prior code § 2-5.20(e))
"Household pet" means any animal
of a domesticated species kept inside a dwelling or any dog or cat
kept on the same premises by the occupant of a dwelling. The term
shall not be deemed to include any rabbit, fowl, pigeon, sheep, goat,
hog or other livestock kept in the open or in an accessory structure.
(Prior code § 2-5.21(i))
"Diffused illumination" means illumination
by means of light which travels through a material, other than the
bulb or tubing necessary to enclose the light source, so that the
light is spread evenly over the surface of the diffusing material.
(Prior code § 2-5.21(f))
"Direct illumination" means illumination
by means of light which travels directly from its source to the viewer's
eye.
(Prior code § 2-5.21(g))
"Indirect illumination" means illumination
by means only of light cast upon an opaque surface from a concealed
source.
(Prior code § 2-5.21(h))
"Heavy industrial" means manufacturing
of products, primarily extracted of raw materials, or bulk storage
and handling of such products and materials which pose significant
risks due to the involvement of explosives, radioactive materials,
pesticides, and other hazardous materials. Uses in this category typically
involve more intense impacts associated with large industrial uses,
their accessory outdoor storage uses, and large building areas. This
use category includes, but is not limited to, wrecking yards, building
material manufacturing, chemical plants, concrete and asphalt plants,
and freight facilities.
(Ord. 2155 §
3, 2017)
"Light industrial" means a category
of uses that is capable of operation in such a manner as to control
the external effects of manufacturing processes such as smoke, noise,
vibration, soot, and odor. It includes limited intensity levels of
manufacturing and assembly activities primarily from previously prepared
or refined materials, or from raw materials that do not need refining,
warehousing with limited direct public access, research and development,
packaging, and associated offices and similar uses as determined by
the director of community development within an enclosed building.
This use category includes, but is not limited to, food processing,
contractors, call centers, textiles, wood products, printing, pharmaceuticals,
machinery manufacturing, research and development, laundry plants,
laboratories, and regional distribution, but excludes basic industrial
processing from raw materials, and vehicle/equipment services.
(Ord. 2155 §
3, 2017)
"Street intersection" means the area
common to two or more intersecting streets.
(Prior code § 2-5.22(a))
"Junior accessory dwelling unit"
means an area not exceeding 500 square feet in size excluding any
shared sanitation facility with the primary residential unit that
is entirely contained within the space of a proposed or existing one-family
residential dwelling unit. It shall include its own separate exterior
entrance, sink, cooking appliance, counter surface for food preparation,
and storage cabinets of reasonable size in relation to the size of
the junior accessory dwelling unit. The junior accessory unit may
share a bathroom with the existing residential dwelling unit or may
have its own bathroom.
(Ord. 2161 §
1, 2017; Ord. 2213 § 2, 2021)
"Junkyard" means a site or portion
of a site on which waste, discarded or salvaged materials are bought,
sold, exchanged, stored, baled, cleaned, packed, disassembled, or
handled, including used furniture and household equipment yards, house
wrecking yards, used lumberyards and similar uses; excepting a site
on which such uses are conducted within a completely enclosed structure
and excepting "motor vehicle wrecking yards," as defined in this chapter.
An establishment for the sale, purchase or storage of used cars or
salvaged machinery in operable condition and the processing of used
or salvaged materials as part of a manufacturing operation shall not
be deemed a junkyard.
(Prior code §2-5.22(b))
"Kennel" means any premises, except
where accessory to a permitted or conditional agricultural use, where
any combination of dogs or cats totaling four or more animals four
months of age or older are kept.
(Prior code § 2-5.22(c))
"Live-work" unit means a single unit
consisting of a commercial or office use containing a residential
component that is occupied by an owner or employee of the commercial
or office use. The live-work unit shall be the primary dwelling of
the occupant.
(Ord. 2194 §
2, 2019)
"Living room" means the principal
room designed for general living purposes in a dwelling unit. Each
dwelling unit shall have a living room.
(Prior code § 2-5.22(d))
"Lodging house" means a dwelling
in which lodging or lodging and meals are provided for compensation
for more than three but not more than 15 persons other than members
of the resident family, excepting a "nursing home," as defined in
this chapter.
(Prior code § 2-5.22(e))
See definition of Site or Lot.
(Prior code § 2-5.23(a))
"Corner lot" means a site bounded
by two or more adjacent street lines which have an angle of intersection
of not more than 135 degrees.
(Prior code § 2-5.23(b))
"Double frontage lot" means an interior
lot having frontage on two parallel or approximately parallel streets.
For the purpose of determining front yard requirements, each frontage
from which access is permitted shall be deemed a front lot line.
(Prior code § 2-5.23(c))
"Interior lot" means a lot other
than a corner lot.
(Prior code § 2-5.23(d))
"Key lot" means the first interior
lot to the rear of a reversed corner lot.
(Prior code § 2-5.23(e))
"Front lot line" means a line separating
an interior lot from a street, or a line separating either the narrower
or the wider street frontage of a corner lot from a street at the
option of the owner.
(Prior code § 2-5.24(b))
"Rear lot line" means a lot line,
not a front or side lot line, which is generally opposite the front
lot line, and not necessarily a straight line.
(Prior code § 2-5.24(c))
"Side lot line" means any lot line
which is not a front lot line or a rear lot line.
(Prior code § 2-5.24(d))
"Reversed corner lot" means a corner
lot the side line of which is substantially a continuation of the
front property line of the first lot to its rear.
(Prior code § 2-5.24(a))
"Megawatt" means 1,000 kilowatts
or 1,000,000 watts.
(Ord. 1880, 2003)
"Microbrewery" means a business taking
up no more than 10,000 square feet in area that brews beer primarily
for retail sales. Ancillary wholesale sales are also permitted. No
on site consumption of beer is permitted except as part of quality
testing and/or tours. A business where customers brew beer on site
for their personal use shall be classified as a microbrewery for purposes
of this zoning code.
(Ord. 1665 §
1, 1995; Ord. 1880, 2003)
"Mixed-use development" means a project
that integrates two or more of the following land uses in a single
building or on a single site: office, commercial, residential, or
other use determined by the director of community development.
(Ord. 2155 §
3, 2017; Ord. 2194 § 2, 2019)
"Motel" or "hotel" means a structure
or portion thereof or a group of attached or detached structures containing
completely furnished individual guestrooms or suites, occupied on
a transient basis for compensation, and in which more than 60 percent
of the individual guestrooms and suites are without kitchens or cooking
facilities.
(Prior code § 2-5.24(e))
"Motor vehicle wrecking yard" means
a site or portion of a site on which the dismantling or wrecking of
used vehicles, whether self-propelled or not, or the storage, sale
or dumping of dismantled or wrecked vehicles or their parts is conducted.
The presence outside a fully enclosed structure of three or more used
motor vehicles which are not capable of operating under their own
power shall constitute prima facie evidence of a motor vehicle wrecking
yard.
(Prior code § 2-5.25(a))
"Multi-family dwelling" means a structure
containing more than one dwelling unit, designed for occupancy or
occupied by more than one family.
(Prior code § 2-5.25(b))
"Nonconforming sign" means a sign,
outdoor advertising structure, or display of any character, which
was lawfully erected or displayed, but which does not conform with
standards for location, size or illumination for the district in which
it is located by reason of adoption or amendment of this chapter,
or by reason of annexation of territory to the city.
(Prior code § 2-5.25(c))
"Nonconforming structure" means a
structure which was lawfully erected, but which does not conform with
the standards for yard spaces, height of structures, or distances
between structures prescribed in the regulations for the district
in which the structure is located, by reason of adoption or amendment
of this chapter, or by reason of annexation of territory to the city.
(Prior code § 2-5.25(d))
"Nonconforming use" means a use of
a structure or land which was lawfully established and maintained,
but which does not conform with the use regulations or required conditions
for the district in which it is located, by reason of adoption or
amendment of this chapter, or by reason of annexation of territory
to the city.
(Prior code § 2-5.25(e))
"Nuclear power facility" means one
or more electrical power generators that convert heat produced in
a reactor by the fissioning of nuclear fuel into electricity by using
the heat created to drive an engine or turbine.
(Ord. 1880, 2003)
"Nursery" means a site or structure
where only plants, plant materials, or garden supplies (such as fertilizer,
pesticides, herbicides, small garden tools, etc.) are offered for
sale; plants are raised or stored; and landscape design services may
be offered.
(Prior code § 2-5.25(f); Ord. 1880, 2003)
"Nursery school" means a school for
preelementary school-age children, or use of a site or portion of
a site for a group daycare program (including, but not limited to,
a day nursery, play group, after school group or childcare center)
for children when not located in the provider's own home, and a school
and/or group daycare program for 13 or more children when located
in the provider's own home.
(Prior code § 2-5.26(a); Ord. 1126 § 2, 1984; Ord. 2155 § 3, 2017)
"Nursing home" means a structure
operated as a lodging house in which nursing, dietary and other personal
services are rendered to convalescents, invalids or aged persons,
not including persons suffering from contagious or mental diseases,
alcoholism or drug addiction, and in which surgery is not performed
and primary treatment, such as customarily is given in hospitals or
sanitariums, is not provided. A convalescent home or a rest home shall
be deemed a nursing home.
(Prior code § 2-5.26(b))
"Business, professional, or administrative
office" means a space used for conducting the affairs of a business,
profession, service industry, or government, where the activities
are primarily mental or intellectual. Examples of such uses would
include, but not be limited to, the offices of lawyers, accountants,
brokers, insurance agents, counselors, realtors, title companies,
mortgage companies, and contractors.
(Ord. 2155 §
3, 2017; Ord. 2194 § 2, 2019)
"Medical office" means an office
or clinic used exclusively by physicians, dentists, chiropractors,
acupuncturists, physical therapists, and other health-related offices.
No overnight patients occupy the premises.
(Ord. 2155 §
3, 2017)
"Off-street loading facilities" means
a site or portion of a site devoted to the loading or unloading of
motor vehicles or trailers, including loading berths, aisles, access
drives, and landscaped areas.
(Prior code § 2-5.26(c))
"Off-street parking facilities" means
a site or portion of a site devoted to the off-street parking of motor
vehicles, including parking spaces, aisles, access drives and landscaped
areas.
(Prior code § 2-5.26(d))
"One-family dwelling" means a structure
containing one dwelling unit, designed for and/or occupied exclusively
by one family. Also includes manufactured homes on a foundation.
(Ord. 2244 § 2, 2023)
"Oriel window" means a window which
projects from the main line of an enclosing wall of a building and
is carried on brackets or corbels.
(Prior code § 2-5.26(e))
"Outdoor advertising structure" means
a structure of any kind or character erected or maintained for outdoor
advertising purposes, upon which any advertising sign may be placed.
(Prior code § 2-5.27(a))
"Covered patio" means an attached
or detached structure not exceeding 14 feet in height, and enclosed
on not more than three sides, except for posts necessary for roof
support.
(Prior code § 2-5.27(b))
"Personal services" means a use that
provides individual services generally related to personal, non-medical
needs, including, but not limited to: barbers; beauty salons; day
spas; holistic healing centers; nail salons; hair removal and/or replacement;
body art (tattoo, body piercing and/or permanent cosmetic services)
that is only provided to a client's face, ears, hands or feet; massage
establishments; acupressure services; tailors; and other services
of a similar nature. Accessory retail sales of related products may
also be sold.
(Ord. 2155 §
3, 2017; Ord. 2216 § 2, 2021)
"Personal wireless service" means
commercial mobile services and unlicensed wireless service. For the
purpose of this definition, radio towers and television towers are
not considered personal wireless services. Common examples of personal
wireless services are personal communications service (PCS), cellular
radiotelephone service, and paging.
(Ord. 1743, 1998)
"Personal wireless service facility"
means an unstaffed facility, generally consisting of transmitters,
antenna structures, and other types of installations which receive
and transmit radio frequency signals for the provision of personal
wireless services including support structure, ancillary equipment
cabinet or structure, and related equipment.
(Ord. 1743, 1998)
"Personal wireless service facility
tower" means a monopole, lattice tower, freestanding tower, antennas
(including building-mounted antennas) or other structure designed
to support antennas.
(Ord. 1743, 1998; Ord. 2038 § 1, 2012)
"Personal wireless service provider"
means any authorized provider of personal wireless services.
(Ord. 1743, 1998)
"Photovoltaic facility" means one
or more electrical power generators that convert sunlight into electricity
through the utilization of semiconductor cells.
(Ord. 1880, 2003)
"Plant shop" means a use located
wholly within a structure where the principal activity is the retail
sale of indoor plants.
(Prior code § 2-5.27(c); Ord. 1880, 2003)
"Portable, temporary electricity
generator, fuel cell, or battery facility" means one or more electrical
power generators (not including nuclear power generators), fuel cells,
and/or batteries on a site which produce electricity via an engine,
turbine, fuel cell, or battery, and which are portable, less then
10 kW in combined total size, and which are used only on a temporary
and intermittent basis.
(Ord. 1880, 2003)
"Preexisting" means in existence
prior to the effective date of Ordinance 520, May 3, 1968.
(Prior code § 2-5.27(d); Ord. 1880, 2003)
"Private school" means a private
institution where children attend and receive their primary instruction
for any combination of schooling between grades kindergarten and 12.
This does not include stand-alone nursery schools.
(Ord. 1743, 1998; Ord. 2155 §3, 2017)
"Radioactive materials uses" means
any use which would require the user to obtain a specific license
for activities specified in Part 30, 40, 50, or 70, Title 10, Code
of Federal Regulations, or equivalent requirements of the state. Activities
exempted or permitted by general license are excluded from this definition
except for exemption for common carriers listed in paragraphs 30.13
and 70.12, Title 10, Code of Federal Regulations.
(Prior code § 2-5.27(e))
"Railroad right-of-way" means a strip
of land on which railroad tracks, switching equipment and signals
are located, but not including lands on which stations, offices, storage
buildings, spur tracks, sidings, yards or other uses are located.
(Prior code § 2-5.27(f))
"Large recycling collection facility" means a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public which occupies an area of more than 500 square feet. A large recycling facility may include permanent structures and may use power-driven processing equipment pursuant to the requirements set forth in Section 9.22.060 of this code.
(Ord. 1354 §
2, 1988)
"Small recycling collection facility" means a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public which occupies an area no larger than 500 square feet. A small recycling collection facility may include one or more reverse vending machines, a mobile unit, kiosk type units (which may include permanent structures), and unattended containers placed for the donation of recyclable materials. A small recycling facility may not use power driven processing equipment except as set forth in Section 9.22.060 of this code.
(Ord. 1354 §
2, 1988)
"Large recycling processing facility"
means a building or enclosed space used for the collection and processing
of recyclable materials which occupies an area of gross collection,
processing and storage that is 45,000 square feet or greater, and
which has an average of more than two outbound truck shipments per
day. Processing means the preparation of materials for efficient shipment,
or to an end user's specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding,
cleaning and remanufacturing.
(Ord. 1354 §
2, 1988)
"Small recycling processing facility"
means a building or enclosed space used for the collection and processing
of recyclable materials which occupies an area of gross collection,
processing and storage that is less than 45,000 square feet, and which
has up to an average of two outbound truck shipments per day. Small
recycling processing facilities are limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting of source separated
recyclable materials and repairing of reusable 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.
(Ord. 1354 §
2, 1988)
"Restaurant" means any room, building,
place or portion thereof intended to provide seated and/or take-out
service of food selections, prepared on the premises, typically appropriate
for a complete breakfast, lunch or dinner meal, but also includes
bakeries, specialty coffee establishments, cafes, tea rooms, ice cream
shops, delicatessens, providing incidental seating/table accommodations
for the convenience of the retail customer and similar retail establishments
as determined by the director of community development.
(Ord. 2155 §
3, 2017)
"Retail" means the selling of goods,
wares, or merchandise directly to the ultimate consumer or persons
without a resale license.
(Ord. 2155 §
3, 2017)
"Second unit" means an attached or
a detached residential dwelling unit which provides complete independent
living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on
the same lot as the one-family dwelling is situated. A second unit
also includes the following:
A.
An efficiency unit, as defined in Section
17958.1 of the California Health and Safety Code.
B.
A manufactured home, as defined in Section
18007 of the California Health and Safety Code.
(Ord. 1690 §
1, 1996; Ord. 1812, 2000; Ord. 1885 § 2, 2003)
"Senior care/assisted living facility"
means a group residential facility for seniors which arranges services
such as meals, housekeeping, supervision of self-administration of
medication, medication administration, incontinence care, limited
nursing service, and 24-hour oversight of persons who need assistance
with the activities of daily living and instrumental activities of
daily living. Some or all of the living units may include kitchenettes
and private bathrooms.
(Ord. 1743, 1998)
A.
"Service station, full-service" means a
place where gasoline or any other motor fuel, grease, lubricating
oil and accessories for the normal operation of motor vehicles are
offered for sale to the public, the direct delivery of gasoline, motor
fuel and lubricants into the motor vehicle is made by the station
operator or vehicle operator, and where minor repairs to motor vehicles
are performed only inside a work bay. One tow truck based at the site
may be considered an incidental use to the service station.
B.
"Service station, self-service" means a
place where gasoline or other motor fuel and lubricating oil for the
normal operation of motor vehicles are offered for sale to the public
and the direct delivery of motor fuel and lubricants into the motor
vehicle is made by the vehicle operator.
C.
"Service station, quick-service" means
a place where lubrication of the motor vehicle chassis, engine and
drive train is performed by the service station operator and where
minor repair to motor vehicles may be performed.
(Prior code § 2-5.27(g); Ord. 1494 § 2, 1991; Ord. 1690 § 2, 1996)
"Sign" means any lettering or symbol
made of cloth, metal, paint, paper, wood or other material of any
kind whatsoever placed for advertising, identification, or other purposes
on the ground or on any bush, tree, rock, wall, post, fence, building,
structure, vehicle, or on any place whatsoever. The term "placed"
shall include constructing, erecting, posting, painting, printing,
tacking, nailing, gluing, sticking, carving, or otherwise fastening,
affixing, or making visible in any manner whatsoever beyond the boundaries
of a site.
(Prior code § 2-5.28(a))
"Sign area" means the area of a sign
shall be computed as the entire area within a single continuous rectilinear
perimeter or not more than eight straight lines enclosing the extreme
limits of writing, representation, emblem, or design, together with
any material or color forming an integral part of the display or used
to differentiate the sign from the background against which it is
placed. Sign supports shall not be included in determining sign area
unless they are an integral part of the display. The area of a sign
or the total area of all signs on a site shall be the total area that
would be visible, whether legible or not, to an off-site observer
having an unobstructed view of the site from any single point within
a horizontal distance of 100 feet from the site boundary at an elevation
not more than 100 feet above the site boundary.
(Prior code § 2-5.28(b))
"Subdivision sign" means any sign
located either on or off a subdivision tract which indicates the direction
to or advertises the location, existence, or sale of a subdivision
or any part thereof.
(Prior code § 2-5.28(c))
"Single ownership" means holding
record title, possession under a contract to purchase, or possession
under a lease, by a person, firm, corporation or partnership, individually,
jointly, in common, or in any other manner whereby the property is
or will be under unitary or unified control.
(Prior code § 2-5.28(d))
"Site area" means the total horizontal
area included within the property lines of a site, exclusive of the
area of access corridors, streets, portions of the site within future
street plan lines; provided, however, all lots in subdivisions with
acute angles less than 45 degrees formed by adjacent sides shall be
discouraged by the planning commission at the time of tentative map
approval.
(Prior code § 2-5.29(a))
"Site" or "lot" means a parcel of
land or a portion thereof, considered as a unit, devoted to or intended
for a use or occupied by a structure or a group of structures that
are united by a common interest or use. A "site" or "lot" shall have
frontage on a street.
(Prior code § 2-5.28(e))
"Skateboard ramp" means any structure
greater than two feet high at its highest point containing either
an inclined plane or concave surface, whether in the form of a quarter
or half ellipse, which is designed for and intended for use by skateboarders.
(Prior code § 2-5.29 (b); Ord. 1238 § 1, 1986)
"Special downtown accessory entertainment use" means the following type of accessory use approved by the city on or after January 4, 2013 in the area designated downtown hospitality central core or downtown hospitality transition area: live entertainment, including music, poetry readings, stand-up comedy, and performance art; disc jockey music; dancing; or other similar use as determined by the zoning administrator. A special downtown accessory entertainment use does not include adult entertainment establishment uses, as defined in Chapter 18.114 of this code.
(Ord. 2055 §
2, 2012)
"Stealth techniques" means design
techniques and architectural treatments which blend personal wireless
service facilities into the surrounding environment and make them
visually unobtrusive. Examples of stealth techniques may include personal
wireless service facilities designed to look like trees which are
located in landscaped areas, or a roof-mounted facility which is designed
to be a flagpole.
(Ord. 1743, 1998)
"Street" means a thoroughfare right-of-way,
dedicated as such or acquired for public use as such, other than an
alley, which affords the principal means of access to abutting land.
(Prior code § 2-5.29(b))
"Structure" means anything constructed
or erected which requires a location on the ground, including a building
or a swimming pool, but not including a fence or a wall used as a
fence if the height does not exceed six feet, or access drives or
walks.
(Prior code § 2-5.29(c))
"Class I accessory structure" means
a subordinate structure, the use of which is appropriate, subordinate,
and customarily incidental to that of the main structure or the main
use of the land, and which is located on the same site with the main
structure or use. "Class I accessory structures" shall include those
accessory structures designed for possible habitation and include
covered patios, garages and carports, any covered or enclosed area
with a height greater than six feet.
(Prior code § 2-5.29(d); Ord. 2239 § 2, 2022; Ord. 2244 § 2, 2023)
"Class II accessory structure" means
a subordinate structure, the use of which is appropriate, subordinate
and customarily incidental to that of the main structure or Class
I accessory structure, or the main use of the land, and which is located
on the same site with the main structure or use. Class II accessory
structures shall include those accessory structures not designed for
habitation, and include plant shelters and lathe area and tool storage
sheds with a height no greater than six feet and an area no greater
than 80 square feet.
(Prior code § 2-5.29(e); Ord. 2239 § 2, 2022; Ord. 2244 § 2, 2023)
"Main structure" means a structure
housing the principal use of a site or functioning as the principal
use.
(Prior code § 2-5.29(f))
"Supportive housing" means housing
with no limit on length of stay, that is occupied by the target population
and that is linked to on-site or off-site services that assist the
supportive housing resident in retaining the housing, improving his
or her health status, and maximizing his or her ability to live and,
when possible, work in the community. (See California Health and Safety
Code 50675.14(b)(2).)
(Ord. 2061 §
2, 2013)
"Swimming pool" means a pool, pond,
lake or open tank capable of containing water to a depth greater than
one and one-half feet at any point, including therapeutic pools and
hot tubs. All pools shall be deemed Class II accessory structures.
(Prior code § 2-5.30(a))
"Trailer" means a mobilehome or similar
portable structure having no foundation other than wheels, jacks or
skirtings, and so designed or constructed as to permit occupancy for
dwelling or sleeping purposes.
(Prior code § 2-5.30(b))
"Trailer park" means a site or portion
of a site which is used or intended to be used by persons living in
trailers or mobilehomes on a permanent or transient basis.
(Prior code § 2-5.30(c))
"Transitional housing" means buildings
configured as rental housing development, 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. (See California Health and Safety Code 50675.2(h).)
(Ord. 2061 §
2, 2013)
"Transmission lines" means an electric
power line bringing power to a receiving substation or a distribution
substation.
(Prior code § 2-5.30(d))
"Unlicensed wireless services" means
the offering of wireless telecommunication services using duly authorized
devices which do not require individual licenses from the Federal
Communications Commission. The provision of direct-tohome satellite
services is not incorporated into this definition.
(Ord. 1743, 1998)
"Unreinforced masonry (URM) building"
is a building or structure which is constructed with unreinforced
masonry bearing walls and shall include, but not be limited to:
A.
Buildings with masonry walls which lack
reinforcing;
B.
Buildings with walls which are not structurally
tied to the roof and floors;
C.
Buildings whose ground floors have open
fronts with little or no crosswise bracing;
D.
Buildings with unbraced parapets.
(Ord. 1586 §
1, 1993)
"Usable open space" means open space meeting the requirements of Section 18.84.170 of this title.
(Prior code § 2-5.31(b))
"Use" means the purpose for which
a site or structure is arranged, designed, intended, constructed,
erected, moved, altered or enlarged, or for which either a site or
a structure is or may be occupied or maintained.
(Prior code § 2-5.30(e))
"Accessory use" means a use which
is appropriate, subordinate, and customarily incidental to the main
use of the site and which is located on the same site as the main
use.
(Prior code § 2-5.31(a))
"Width" means the horizontal distance
between the side property lines of a site measured at right angles
to the depth at a point midway between the front and rear property
lines.
(Prior code § 2-5.31(c))
"Wind energy facility" means one
or more electrical power generators that convert wind into electricity
through the utilization of a shaft turned by blades or similar structure,
which are turned by wind.
(Ord. 1880, 2003)
"Winery" means a business taking
up no more than 10,000 square feet in area that makes wine primarily
for retail sales. Ancillary wholesale sales are also permitted. No
on-site consumption of wine is permitted except as part of quality
testing and/or tours. A business where customers make wine on-site
for their personal use shall be classified as a winery for purposes
of this zoning code.
(Ord. 2155 §
3, 2017)
"Yard" means an open space on the
same site as a structure, unoccupied and unobstructed by structures
from the ground upward or from the floor level of the structure requiring
the yard upward, except as otherwise provided in this chapter, including
a "front yard," "side yard," "rear yard" or space between structures.
(Prior code § 2-5.31(d); Ord. 1880, 2003)
"Front yard" means a yard extending
across the full width of a site, the depth of which is the minimum
horizontal distance between the front property line and a line parallel
thereto on the site.
(Prior code § 2-5.31(e))
"Rear yard" means a yard extending
across the full width of a site, the depth of which is the minimum
horizontal distance between the rear property line and a line parallel
thereto on the site.
(Prior code § 2-5.32(a))
"Side yard" means a yard extending
from the rear line of the required front yard or the front property
line of the site where no front yard is required, to the front line
of the required rear yard, or the rear property line of the site where
no rear yard is required, the width of which is the minimum horizontal
distance between the side property line and a line parallel thereto
on the site. On the street side of a corner lot the side yard shall
extend from the rear line of the required front yard, or the front
property line where no front yard is required, to the rear property
line of the site.
(Prior code § 2-5.32(b); Ord. 1182 § 2, 1985)
