For the purpose of this chapter, the words and phrases set forth
in this section shall have the meanings respectively ascribed to them.
Words used in the present tense shall include the future; words in
the singular number shall include the plural, and words used in the
plural number shall include the singular; the word "shall" is mandatory,
and the word "may" is permissive.
"Abutting"
means a structure, lot, or parcel of land having a common
boundary with another structure, lot, or parcel of land including
a structure, lot, or parcel of land which have no common boundary
other than a common corner.
"Accessory"
means a use and/or structure customarily incidental to a
building, part of a building or structure, which is subordinate to
and the use of which is incidental to and detached from the main building,
structure or use on the same lot. If an accessory building is attached
to the main building either by a common wall, or if the roof of the
accessory building is a continuation of the roof of the main building,
such accessory building shall be considered a part of the main building.
(See also Use - Accessory Use.)
"Adjacent"
means a structure, lot, or parcel of land that is close or
contiguous to another structure, lot, or parcel of land.
"Alley"
means any public thoroughfare, having a width of not more
than 30 feet. An alley shall not be considered a street for the purposes
of calculating building or structure setbacks or height.
"Amusement arcade"
means any establishment, room or place where more than four
amusement machines are available for public use.
"Amusement machine"
means any device, whether mechanical, electrical or electronic,
or similar object, which by payment of a fee, or insertion of a coin
or token, may be operated for the primary purpose of amusement. The
term amusement machine does not include any device or object the primary
purpose of which is to play music.
"Apartment"
means a room or group of two or more rooms which is constructed,
designed, intended for or actually used by, a single family for living
and sleeping purposes for periods of 30 consecutive days or longer.
"Area of lot"
means the total horizontal area included within ownership
lot lines.
"Arts and crafts"
shall include physical objects which are made by or as if
by hand, and which require manual dexterity and artistic skill. Items
such as jewelry, paintings, needlepoint, knitting, crochet, dolls,
furniture, woodworking (e.g., carvings, etchings), sculptures, ceramics,
toys, clothing, photography, scale models and similar items as determined
by the director shall be considered as "arts and crafts" objects.
"Arts and crafts show"
shall mean the activity of offering for sale of "arts and
crafts" by means of announcing or advertising an "arts," "crafts,"
or "hobbies," show, bazaar or festival, all of which are synonymous,
or by any other means intended to communicate that the sale is an
occasional, casual event offering the sale of personally crafted property.
"Arts and crafts show" shall only be conducted by a property owner
possessing a valid business license and an arts and crafts permit
issued by the City of Escondido.
"Attached unit"
means a unit completely within an existing principal building
or added to an existing principal building; provided, that both dwelling
units shall be attached by a common wall, floor or ceiling, and not
simply by an attached breezeway or porch; and shall be contained within
one building. An accessory dwelling unit constructed above an existing
detached garage shall be considered an attached unit.
Banking.
(1)
"ATM kiosk"
is an electronic telecommunications devise or electronic
banking outlet that allows customers to complete basic financial transactions
without the aid of a bank teller or chartered financial institution
representative.
(2)
"Bank"
means a state or federally chartered financial institution,
credit union, mortgage lender, savings and loan association, or industrial
loan company which offers financial services that include lending
money, collecting deposits, issuing currencies and debit cards, and
transaction processing, and other typical banking services, with or
without a teller.
(3)
"Check-cash/pay day"
means fringe bank institution or uses defined as other than
a State or Federally chartered institution, credit union, mortgage
lender, savings and loan association or industrial loan company, that
offers deferred deposit transaction services or check cashing services
and loans for payment of a percentage fee. The term included, but
is not limited to, deferred deposit transaction (payday loan) businesses
that make loans upon assignment of wages received, check cashing businesses
that charge a percentage fee for cashing a check or negotiable instrument,
and vehicle title lenders who offer a short-term loan secured by the
title to a vehicle. Non-profit financial institutions are not included
in this definition.
"Bargain basement store"
means any for-profit or non-profit store including any establishment,
operation, or enterprise with one or more of the following characteristics:
(1) a majority of the store's merchandise is offered for sale at a
price equal to or below $5; (2) merchandise priced at or below $5
occupies at least one-half of the store's floor area which is devoted
to retail sales; (3) used items represent a majority of the merchandise
offered for sale in the store; or (4) used merchandise occupies at
least one-half of the floor area in the store devoted to retail sales.
Used merchandise herein is defined as all forms of used items including,
without limitation, items that were formerly used but have been repaired,
refurbished, and /or repackaged. The bargain basement store definition
excludes: (1) bona fide antique stores; (2) thrift stores, second-hand
dealers, and pawn shops; (3) stores which primarily engage in the
sale of used books, periodicals, videos, or DVDs; (4) stores specializing
in the sale of highly collectible items such as used coins, stamps,
baseball cards, and other similar collectibles; and (5) a store where
the majority of the items sold, measured by receipts or number of
items sold, consist of food and/or beverage items.
"Basement"
means a story partly underground and having at least 1/2
of its height above the average adjoining grade. A basement shall
be termed a cellar when more than 1/2 of its height is below the average
adjoining grade. A basement or cellar shall be counted as a story
if the vertical distance from the average adjoining grade to the ceiling
is over five feet.
"Block"
means all property fronting upon one side of a street between
intersecting and intercepting streets, or between a street and a railroad
right-of-way, waterway, terminus of dead end, or cul-de-sac street,
city boundary, public parks or other natural boundary. An intercepting
street shall determine only the boundary of the block on the side
of the street which it intercepts.
Building.
(1)
"Building"
means any structure for the shelter, housing or enclosure
of any person, animal, article or chattel and when any portion thereof
is completely separated from every other portion thereof by a division
wall or fire wall, without openings, each such portion shall be a
separate building.
(2)
"Building height"
(also
structure height) means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building or structure to the top of the building or structure. When a basement element or underground structures exist or are proposed, height is measured from the finished grade (exterior grade adjacent to the structure) provided the finished grade is at or below the previous natural grade. All portions of the building/structure shall be located at or below the height limit of the underlying zone. Allowable projections listed in section
33-1075 need not be included in the building/structure height calculation.
(3)
"Building site"
means the ground area of: (A) all or a portion of a lot or
parcel of land; or (B) all or a portion of two or more lots or parcels
of land, when used in combination for a building or group of buildings,
together with all yards and open spaces required by this chapter.
(4)
"Main building"
means one or more buildings on a lot or building site designed
or used to accommodate the primary use to which the premises are devoted.
"Business or commerce"
means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity or
service for profit or livelihood.
"Carport"
means a permanently covered motor vehicle shelter, consisting
of a roof and supporting members such as columns or beams, which are
affixed to a permanent foundation per applicable building codes. A
carport must be open on two or more sides except for structural supports.
Carports as used in this chapter do not include temporary shelters
or canopies. Any structure designed or used for the storage of motor
vehicles which does not meet this definition must comply with all
regulations relating to a garage.
"Commercial dairy"
means any land whereupon is kept or maintained for any length
of time, more than two milk cows where milk or milk products are produced
for, or intended for sale to the public.
"Common area"
means the total area within a development that is not designed
for the exclusive use of owners or tenants and which is available
for common use by all owners, tenants or groups of tenants.
"Consignment shop"
is a retail establishment primarily engaged in the retail
sale of nondonated, second-hand merchandise, and the merchandise is
placed for sale with the establishment by the owner of the merchandise.
Upon sale of the merchandise the purchase price is divided between
the consignment shop owner and the owner of the merchandise. The establishment
shall be limited to one type of merchandise, including, but not limited
to, clothing and related accessories, children's apparel and furniture,
sporting equipment, or furniture and related home furnishings. This
use does not include the sale of guns, appliances, mattresses, or
vehicles.
"Court"
means an open unoccupied space, other than a yard, on the
same lot with a building or buildings and which is bounded on two
or more sides by such building or buildings and a lot line, including
the open space in a bungalow court or court apartment providing access
to the units thereof.
"Cul-de-sac"
means a street or portion of a street that terminates without
providing vehicular access to adjacent streets and includes pavement
at its terminus to accommodate vehicles exiting in a forward manner
by a single turning motion without reversing.
"Density"
means the number of residential dwelling units per acre of
lot area but shall exclude areas of remainder parcels; areas of nonresidential
development; the panhandle portion of a flag lot; and areas of dedication
for street rights-of-way, adjustments for floodways as defined by
the Federal Emergency Management Agency (FEMA — see Flooding
Map) or the city, slope categories, and other environmental factors
as designated. Minimum and maximum density calculations for an individual
site shall utilize the net lot area to determine the applicable number
of dwelling units. Any density calculation that results in a fractional
unit shall be rounded down to the next whole number.
"Detached dwelling"
means a dwelling that is structurally independent and separated
from the existing primary dwelling by a minimum of 10 feet.
"Director"
means the director of development services.
"Drive-through business"
means any building, establishment, or facility that provides
a specified "drive-through" lane or driveway where customers receive
a service or purchase goods while remaining in a motor vehicle in
designated stacking aisles. Products or services are typically provided
or dispensed through an attendant at a service window, order kiosk,
and/or an automated machine. Drive-through businesses may operate
as the primary use, such as in restaurants, eating establishments
and coffee shops or accessory use of a business in combination with
other uses, such as pharmacies, financial institutions, personal service
shops, and other retail or customer-based service uses. A drive-through
business does not include an automated car-wash service or gas pump
island; however, they may be regulated similarly.
"Driveway"
means a permanently surfaced area providing direct access
for vehicles between a street and a permitted off-street parking or
loading area and extending to a maximum width equal to the curb cut
approved by the city engineer.
Dwelling.
(1)
"Dwelling"
means one or more rooms in a building used for occupancy
by one family for living or sleeping purposes and having only one
kitchen.
(2)
"Grouped dwelling"
means a group of two or more detached or semi-detached one-family,
two-family, three-family or multiple dwellings occupying a parcel
of land in one ownership and having any yard or court in common, including
bungalow courts and apartment courts, but not including recreational
vehicle or campgrounds.
(3)
"Multiple dwelling"
means a building or portion thereof used for occupancy by
four or more families living independently of each other, and containing
four or more dwellings.
(7)
"Primary dwelling"
means the principal single-family dwelling located on a lot
where an accessory dwelling unit is existing or proposed.
(8)
"Accessory dwelling"
means a secondary, but independent living facility which
is located or established on the same lot as the primary residence.
It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation.
"Family"
means one or more persons related by blood, marriage, or
adoption, or a group including unrelated individuals living together
as a relatively permanent, bona fide, housekeeping unit.
"Family day care"
means regularly provided care, protection and supervision
of 14 or fewer children in the provider's home, for periods of less
than 24 hours per day, while the parents or guardians are away, and
including the following:
(1)
"Large family day care home"
means a home which provides family day care, with no overnight
stay, to nine to 14 children, inclusive, including children who reside
at the home;
(2)
"Small family day care home"
means a home which provides family day care, with no overnight
stay, to eight or fewer children, including children who reside at
the home.
"Fleet storage"
means storage or parking of one or more vehicles used regularly
in business operations. Where the parking of vehicles constitutes
the principal use on the site, the use activity is considered a principal
use. Typical fleet storage uses include taxi fleets, mobile catering
trucks, car or truck (service delivery) storage, or delivery truck
fleets. Excluded are car dealerships and vehicle junkyard or vehicle
dismantling services.
"Floor area"
means the total area of all floors and interior habitable
area of a building included within the outside faces of the building's
exterior walls, exclusive of basement and attic storage space and
areas within a building used for the parking of vehicles.
"Floor area ratio"
(also FAR) is the ratio of a building's floor area divided
by the net lot area. FAR is expressed as a decimal unit.
"Frontage"
means that property abutting on one side of a street and
lying between the two nearest intersecting or intercepting streets,
or nearest intersecting and intercepting streets, and railroad right-of-way
or unsubdivided acreage.
Garage.
(1)
"Private garage"
means an enclosed accessory building or an accessory portion
of the main building, designed and/or used only for the shelter of
vehicles owned or operated by the occupants of the main building.
(2)
"Public garage"
means any building except those described as a private garage,
used for the storage or shelter of self-propelled vehicles.
"Garage sale"
shall mean the activity of offering for sale any property,
other than real property or personally crafted arts and crafts items,
by means of announcing or advertising a "garage," "yard," "moving,"
"estate," "rummage" or "tag" sale, all of which are synonymous, or
by any other means intended to communicate that the sale is an occasional,
casual, or non-business-related event offering the sale of personal
property. "Garage sale" or "yard sale" shall not include any event
which constitutes an arts and crafts show or any other sales activity
which would require the business or person to possess a valid business
license issued by the City of Escondido.
"Greenhouse (also lath house)"
means a building or structure constructed chiefly of glass,
glass-like or translucent material, cloth or lath, which is devoted
to the protection or cultivation of flowers or other tender plants.
"Gross leasable area" or "GLA"
means the total floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines, and upper floors,
if any; expressed in square feet and measured from the center line
of joint partitions and from outside wall faces.
"Guest house"
means any living quarters that is no more than 1,000 square
feet within a detached accessory building for the sole use of persons
employed on the premises or for temporary use by guests of the occupants
of the premises, which living quarters have no kitchen facilities
and are not rented or otherwise used as a separate dwelling.
"Home occupation"
means any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the structure for dwelling purposes and
which use does not change the character thereof or does not adversely
affect the uses permitted in the zone of which it is a part. A home
occupation must satisfy the conditions set forth in Article 44 of
this chapter.
Horse stable.
(1)
"Private horse stable"
means facilities for the keeping of horses, mules, donkeys
or ponies for the use of the owners or lessees of the property and
owners of the boarded animals.
(2)
"Commercial horse stable"
shall mean equestrian facilities such as, but not limited
to, riding academies, riding rings, or training areas for horses,
mules, donkeys or ponies which are rented, shown, used or boarded
on a commercial basis for compensation. Accessory uses such as tack
shops, on-site sale of food for people and animals, or similar uses
may be permitted in conjunction with a commercial use permit. A commercial
horse stable may include an office, employee break area, full bathroom
and other associated areas or structures related to a commercial use.
The temporary gathering of additional people and horses for a horse
event, show or competition which is not a part of the active operations
of a commercial horse stable shall be considered.
"Hotel (also motel)"
means a building in which there are five or more guest rooms
where transient lodging (for a period of 30 consecutive calendar days
or less) with or without meals is provided for compensation.
"Industry"
means the storage, repair, manufacture, preparation or treatment
of any article, substance or commodity whatsoever, and including the
operation of stables.
"Junk yards"
mean any space of 200 square feet or more of area of any
lot used for the storage, sale, keeping or abandonment of inoperable
vehicles, wrecking yards or salvage yards, junk or waste material,
including scrap metal or other scrap materials, or for the dismantling,
demolition or abandonment of automobiles, other vehicles, machinery
or parts thereof, other than an impound yard.
"Kitchen"
means any portion of an accessory living quarters arranged
for or conducive to the preparation or cooking of food, by the inclusion
of a sink, garbage disposal, hot water line, and dishwasher; place
of not less than 10 cubic feet to accommodate a refrigerator; 220
AC or 240 volt electrical outlet or stove; storage cabinets and counter
space that are of reasonable size in relation to the building; and
any other item required by the Building Code. An efficiency
kitchen shall be considered to have the same features as
a kitchen, but is smaller in size and scope in relation to the land
use activity or building. At a minimum, the size and scope of an efficiency
kitchen should meet or exceed the following criteria: a sink with
a maximum waste line of 1.5 (1 1/2) inches, a cooking facility with
appliances that has electrical service of 120 volts, a food preparation
counter, and storage cabinets.
"Landscaping"
means the planting and maintenance of some combination of
trees, shrubs, vines, ground covers, or flowers. In addition, the
combination or design may include natural features such as rock and
stone; and structural features, including, but not limited to, water
features, art works, screens, walls, fences and benches.
"Liquor store"
means any store designed and operated for the selling of
alcoholic beverages with the selling of any other merchandise being
incidental to the primary operation of selling liquor.
"Lot"
means:
(1)
A parcel of real property shown as a delineated parcel of land
with a number and other designation on the final map of subdivision
recorded in the office of the county recorder of San Diego County;
or
(2)
A parcel of land, the dimensions or boundaries of which are
defined by a record of survey maps recorded in the office of the county
recorder of San Diego County in accordance with the law regulating
the subdivision of land; or
(3)
A parcel of real property not delineated as in subsection
(1) or
(2) of this definition, and containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one public street or easement which the planning commission has designated adequate for access purposes, and is held under one ownership.
(4)
The various definitions in this category are as follows:
(A)
"Lot area (gross)"
means the total area measured in a horizontal plane, included
within the lot lines of a lot or parcel of land.
(B)
"Lot area (net)"
means lot area excluding areas of remainder parcels, areas
of nonresidential development, the panhandle portion of a flag lot,
and areas of dedication for street rights-of-way; adjustments for
floodways as defined by the Federal Emergency Management Agency (FEMA
— see Flooding Map) or the city; slope categories; and other
environmental factors as designated. The net lot area shall be used
in the calculation of minimum allowed residential density, project
floor area/lot coverage calculations, and other standards or requirements
as so specified.
(C)
"Lot coverage"
means the total horizontal area of a lot, parcel or building
site covered by any building which extends more than three feet above
the surface of the ground level and including any covered car parking
spaces. Covered patios shall not be considered as lot coverage provided
that said patio is not more than 50% enclosed.
(D)
"Lot depth"
means the horizontal length of a straight line connecting
the bisecting points of the front and the rear lot lines.
(E)
"Lot width"
means the horizontal distance between the side lot lines
measured at right angles to the line comprising the depth of the lot
at a point midway between the front and rear lot lines.
(F)
"Cul-de-sac"
lot means an interior lot taking access from and having frontage
primarily on the bulb of a cul-de-sac.
(G)
"Flag lot"
means a lot in the approximate configuration of a flag pole, panhandle, or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access, meeting the requirements of section
33-1084. In determining setbacks for a flag lot, the handle or access portion of the lot shall not be used to determine building setbacks. The director shall determine the front, side, and rear of a flag lot for the purposes of identifying setbacks and yards, guided by the relationship of the lot and to surrounding lots and structures.
(H)
"Front lot line"
means a line separating an interior lot from a street, or
a line separating the narrower street frontage of a corner lot from
the street.
(J)
"Key lot"
means the first lot to the rear of a reversed corner lot
whether or not separated by an alley.
(K)
"Rear lot line"
means the record lot line or lines most distant from and
generally opposite the front lot line except that in the case of an
interior triangular or gore-shaped lot, it shall mean a straight line
10 feet in length which is: (i) parallel to the front lot line or
its chord; and (ii) intersects the two other lot lines at points most
distant from the front lot line.
(L)
"Reversed corner lot"
means a corner lot, the side street line of which is substantially
a continuation of the front lot line of the lot upon which the rear
of said corner lot abuts.
(N)
"Through lot"
means a lot having a frontage on two parallel or approximately
parallel streets.
"Low barrier navigation center"
means a low-barrier, service-enriched shelter focused on
moving people into permanent housing that provides temporary living
facilities while case managers connect individuals experiencing homelessness
to income, public benefits, health services, shelter, and housing.
"Mobilehome park"
means a development specifically approved for grouping mobilehomes
and/or manufactured homes within a unified setting that is subject
to
California Code of Regulations Title 25 provisions. The term mobilehome
park shall include the grouping of mobilehomes under a single ownership,
or separate ownership of mobilehomes and mobilehome sites, or the
establishment of a mobilehome subdivision, condominium, stock cooperative,
or any similar project where the member of the project owns a home
ownership share, fee lot, or condominium unit.
"Mobilehome park street"
means any roadway used or designed to be used for the general
circulation of traffic within the mobilehome park.
"Mobilehome site"
means any portion of a mobilehome park designed for the use
or occupancy of one mobilehome or manufactured home.
"Modular home"
means a dwelling that conforms to all local building codes,
built in sections at a factory or other off-site location, and transported
to the building site where the dwelling is assembled on-site on a
permanent foundation.
"Multi-family housing development"
means a building designed for multiple dwelling unit occupancy
in a multiple-residential zoning district (R-2, R-3, R-4, and R-5)
or mixed-use zoning district. Units in multifamily housing developments
are not classified as single-unit attached structures.
"Nonconforming use"
means a building or land occupied by a use that does not
conform with the regulations of the use district in which it is situated.
"Off-street parking"
means a site, or portion of a site, devoted to the parking
of motor vehicles outside of the public right-of-way, including parking
spaces, aisles, and access drives.
"Official zoning map"
means a map which graphically shows all zoning district boundaries
and classifications within the City of Escondido, as contained within
the Escondido zoning code, which is signed by the director and on
file in the Escondido planning department.
"Parcel of land"
means a contiguous quantity of land in the same possession
of, or owned by, or recorded as the property of, the same person or
persons.
"Parking index"
means the number of car parking spaces made available per
1,000 square feet of GLA (gross leasable area).
"Pawn shop"
means a pawnbroker or business establishment that loans money,
either for himself or herself, or for any other person, upon any personal
property or personal security being purchased and resold to the vendor
or other assignee at prices previously agreed upon. This use does
not include the sale of guns, appliances, mattresses, or vehicles.
"Recreational vehicle"
means a vehicle on wheels which offers living accommodations
in a mobile setting for travel or recreational purposes in compliance
with provisions established by the California Department of Motor
Vehicles.
"Rooming house"
means a building containing three or more bedrooms or other
rooms intended to be used, rented or leased, to be occupied by five
or more individuals under five or more separate oral or written leases,
subleases or any other contractual agreement designed to effectuate
the same result, with or without meals, for compensation, as permanent
guests pursuant to definite periods, by the month or greater term.
A "rooming housing" does not require a property owner, or a manager,
to be in residence. A "rooming house" shall have a central kitchen.
A "rooming house" may or may not provide free access to common living
areas beyond the bedrooms or guest rooms. A "room" means any rented,
leased, let or hired living space or other square footage within the
building that is used or designed to provide sleeping accommodations
for one or more persons. A properly permitted accessory dwelling unit,
shall not be considered a rooming house.
"Secondhand store (or second-hand dealer)"
means conducting, managing, or carrying on the business of
buying and selling used merchandise such as jewelry, watches, diamonds,
clothing, musical instruments, luggage, sporting goods, furniture,
etc. This use does not include the sale of guns, appliances, mattresses,
or vehicles.
"Senior housing"
means housing that is suitable for and targeted to the needs
of an aging population, as set forth by Article 41.
"Sign"
means any mark or painted character on any card, cloth, paper,
metal, wood, plastic, or any other material visible from outside a
structure, mounted to the ground or any tree, wall, bush, rock, fence
or structure, either privately or publicly owned. "Sign" shall also
mean any graphic announcement, declaration, demonstration, display,
illustration, statuary or insignia used to promote the interest of
any person, product, activity or service when the same is placed outdoors
in view of the general public.
"Single room occupancy (SRO) unit"
means a living or efficiency unit, as defined by California
Health and Safety Code section 17958.1, intended or designed to be
used as a primary residence for a period of more than 30 consecutive
days. Each SRO unit consists of one combined living and sleeping room
with a closet, and may contain either a kitchen or separate private
bathroom. The kitchen or bathroom, if not contained within the individual
unit, shall be provided as a common facility within the same structure
and shall be shared with the tenants of other SRO units within the
same structure. An SRO may include an office for the purpose of managing
the SRO units and common facilities. An SRO may include one self-contained
dwelling unit with kitchen and bathroom facilities for a caretaker.
"Staff development committee"
means and shall be made up of representatives from the planning,
engineering, building, fire and other departments which are associated
with a given project or problem. Its purpose is to provide coordinated
technical information and advice to the planning commission or city
council.
Story.
(1)
"Story"
means that portion of a building included between the surface
of any floor and the floor next above it, or if there is no floor
above it, then the space between such floor and the ceiling next above
it.
(2)
"Half story"
means a story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet above the floor of such story.
"Street"
means a public or private thoroughfare which affords principal
means of access to abutting property.
"Structural alterations"
means any change in the supporting members of a building
such as bearing walls, columns, beams or girders, and floor joists
or roof joists.
"Structure"
means anything constructed or erected, the use of which requires
location on the ground or attached to something having a location
on the ground.
"Supportive housing"
means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to an onsite or offsite
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.
Supportive housing that is provided in single-, two- or multifamily
dwelling units, group residential, residential care facilities, or
boarding house uses shall be permitted, conditionally permitted or
prohibited in the same manner as the other single-, two-, or multifamily
dwelling units, group residential, residential care facilities, or
boarding house uses under this code.
"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.
"Tattoo parlor"
means any permanent premises where a tattoo artist does tattooing
for a fee or for other consideration. Tattoo parlor establishments
also include body piercing and other body art services, but do not
include beauty salons including cosmetology involving ear piercing,
permanent eye and lip lining.
"Thrift shop"
is a retail establishment or non-profit organization primarily
engaged in selling used merchandise which has been obtained through
bulk-purchases, or through donations or gifts and where the donor
receives no value upon the sale of such merchandise, and where the
use is designed to sell donated merchandise at a price below reasonable
market value. The second-hand sale of guns, appliances, mattresses,
or vehicles is prohibited under this classification. This use does
not include establishments which sell used merchandise on consignment
"Tow yard storage"
means a business or offering the services of a vehicle towing
service, whereby disabled motor vehicles are towed or otherwise removed
from the place where they are disabled by a truck; automobile; or
other vehicle so adapted to that purpose, such as tow truck dispatch
centers; or in the business of storing disabled motor vehicles. Excluded
are sales/rentals of vehicles (i.e. car dealerships) and junkyard
or dismantling services.
"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. Transitional
housing that is provided in single-, two-, or multifamily dwelling
units, group residential, residential care facilities, or boarding
house uses shall be permitted, conditionally permitted or prohibited
in the same manner as the other single-, two-, or multifamily dwelling
units, group residential, residential care facilities, or boarding
house uses under this code.
"Urban lot split"
means the subdivision of any lot in a single-family residential
zone or parcels designated for primarily single-family development
in a specific plan into two lots and shall have he same meaning as
stated in California
Government Code Section 66411.7.
Use.
(1)
"Use"
means the purpose of which premises or a building thereon
is designed, arranged or intended, or for which it is or may be occupied
or maintained.
(2)
"Accessory use"
means a use or activity incidental and accessory to the principal
use of a lot or of a building located upon the same lot as the accessory
use or activity.
Vehicle repair services.
(1)
"Commercial vehicle repair"
includes uses that repair and maintain the mechanical components
of the bodies of large trucks, mass transit vehicles, large construction
or agricultural equipment, aircraft or boats. Commercial vehicle repair
may also include general auto repair-type functions.
(2)
"General vehicle repair"
includes major repair of automobiles, motorcycles, recreational
vehicles, or light trucks. Examples of use include body and fender
shops; brake shops; full-service motor vehicle repair garages; machine
shops; painting shops; towing services; and transmission shops. Does
not include vehicle dismantling or salvage and tire retreading or
recapping. General vehicle repair may also include limited vehicle
repair-type functions.
(3)
"Limited vehicle repair"
includes minor repair of automobiles, motorcycles, recreational
vehicles, or light trucks, vans, or similar size vehicles. Examples
of use include brake adjustments and repairs; installation of electronic
equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical,
fuel, and exhaust systems; oil and lube shops; tire sales and installation
shops; wheel alignment and balancing; auto glass installation and
services.
Vehicle sales.
(1)
"Boutique car sales"
means a business associated with sales of automobiles, light
trucks, vans, small trailers, and small recreational vehicles subject
to registration, licensed by the Department of Motor Vehicles (DMV)
with or without on-site vehicle inventory. Boutique car sales would
allow a licensed dealer, that functions primarily as an office or
broker, to store no more than two vehicles on site at any given time.
(2)
"Car dealership"
means a well-defined sales and service area or car lot primarily
engaged in the sale, long term storage, or rental or leasing of automobiles,
light trucks, vans, small trailers, and small recreational vehicles
to the public with a vehicle dealers permit or rental company permit
licensed by the Department of Motor Vehicles (DMV). A car dealership
may engage in auto retail sales, auto wholesales, auto broker sales,
rental leasing, or any other DMV business partnership. Sales and leasing
of heavy trucks and tractors are included within the category of "tractor
or heavy truck sales, storage, rental."
(3)
"Parts and accessories sale and supply"
means an auto supply store or retailer specializing in new
and rebuilt, package vehicle supplies, parts, and accessories, including
the incidental assembling of customized items or parts onto vehicles.
(4)
"Tractor or heavy truck sales"
means an establishment primarily engaged in the sale, long
term storage, or rental or leasing of tractor or heavy trucks, aircraft,
marine crafts, large recreational vehicles and campers, equipment
rental and leasing dealerships.
Vending machine.
(1)
"Retail vending machine"
means any self-service device offered to the public for commercial
use used for displaying or storing articles for sale, rent, or lease,
or delivery, which, upon insertion of payment, or by other means,
dispenses commercial products, merchandise, food or beverage either
in bulk or in package, without the necessity of replenishing the device
between each vending operation.
(2)
"Reverse vending machine"
means an automated machine that utilizes advanced technology
to identify, sort, collect, and process used containers, provided
that the entire process is enclosed within the machine.
Yard.
(1)
"Yard"
means an open space other than a court, on a lot, unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this chapter.
(2)
"Front yard"
means a yard extending across the full width of the lot,
having at no point a depth of less than the minimum required horizontal
distance between the front lot line, or its tangent, and the closest
permissible location of the main building. Said distance shall be
measured by a line at right angles to the front lot line, or its tangent.
(3)
"Rear yard"
means a yard extending across the full width of the lot,
having at no point a depth of less than the minimum required horizontal
distance as measured from the part of the main building nearest the
rear lot line towards the rear lot line, and such measurement shall
be along a line representing the shortest distance between said part
of the main building and the rear lot line. The required rear yard
shall be that portion of the rear yard contiguous to the rear lot
line having at no point a depth less than that required for the rear
yard. The area to the rear of the rear lot line of an interior triangular
or gore-shaped lot shall be considered a part of the required rear
yard.
(4)
"Side yard"
means a yard between the main building and the side lot lines
extending from the required front yard, or the front lot line where
no front yard is required, to the rear yard, the width of which side
yard shall be measured horizontally from, and at right angles to,
the nearest point of a side lot line towards the nearest part of a
main building.
"Zone"
means a portion of the territory of the city, exclusive of
streets, alleys and other public ways, within which certain uses of
land, premises and buildings are not permitted and within which certain
yards and open spaces are required and certain height limits are established
for buildings, all as set forth and specified in this chapter.
(Zoning Code, Ch. 100, §§ 1001.00—1001.18; Ord. No. 88-54, §§ 1, 2, 10-12-88; Ord. No. 91-5, § 1, 4-3-91; Ord. No. 92-15, § 1, 3-25-92; Ord. No. 92-42, § 2, 11-4-92; Ord. No. 92-47, § 3, 11-18-92; Ord. No. 94-41, § 1, 1-11-95; Ord. No. 96-8, § 1, 3-13-96; Ord. No. 97-22, § 1, 10-22-97; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2018-12, § 7, 6-6-18; Ord. No. 2018-18, § 7, 8-15-18; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2019-09, § 6, 9-11-19 ; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2021-07, § 6, 8-11-21; Ord. No. 2022-18, § 2, 9-28-22; Ord. No. 2023-06, § 3, 3-8-23; Ord. No. 2023-15, 10/25/2023)
The lists of uses included in various articles of this chapter
are typical of permitted and conditionally permitted uses in their
respective zones.
The director of community development may determine that uses
similar to the listed uses are permitted, or conditionally permitted,
uses within the various zones. Such determinations will thereafter
be uniformly applied and the director shall keep a record of all such
determinations.
When the director cannot make a determination that a particular use is similar to the uses within any of the various zones, a request for an interpretation shall be forwarded to the planning commission for its determination pursuant to the rules of interpretation of section
33-6 of this article. After a planning commission interpretation specifying the appropriate zone, or zones, within which the particular use may fall, said use shall be permitted, or conditionally permitted, in the zones designated by the planning commission.
If the planning commission is unable to designate zones into
which a particular use may fall, that use is prohibited in the city
in the absence of an amendment to this chapter.
(Zoning Code, Ch. 100, § 1002.15; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-07R, § 7, 4-18-18)