For the purpose of this code, the words, phrases and terms included
in this chapter shall be deemed to have the meaning ascribed to them
by this chapter.
(Ord. 2097 § 3, 2013)
"Abandoned" means the cessation of the use of a property by
the owner with the intention neither of transferring rights to the
property to another owner nor of resuming the use of a property.
(Ord. 2097 § 3, 2013)
"Abut, adjoining or contiguous" means, in reference to real
property, two or more lots sharing a common boundary line; with reference
to two or more objects, the same shall mean in immediate contact with
each other.
(Ord. 2097 § 3, 2013)
"Access" means the place or way by which pedestrians and/or
vehicles shall have safe, adequate and usable ingress and egress to
a property.
(Ord. 2097 § 3, 2013)
"Accessory building or structure" means any building or structure
that is clearly incidental, related to, but subordinate to a permitted
principal use and maintained on the same lot as the principal use;
provided, that such building or structure is one-story; detached or
inaccessible from the principal use; uninhabited; used as storage
shed, playhouse, laundry room, or similar use; may not be rented or
sold separately; and not be more than 120 gross square feet in size.
An accessory building or structure does not include garages.
(Ord. 2097 § 3, 2013; Ord. 2147 § 6, 2018)
"Accessory dwelling unit" means an attached or detached residential
dwelling unit which provides complete independent living facilities
for one or more persons. It includes permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel a single-family
dwelling is situated. An accessory dwelling unit also includes the
following:
(A)
An efficiency unit, as defined in Health and Safety Code Section
17958.1 (such a unit has a minimum square footage of 150 square feet,
consisting of not more than one habitable room together with a kitchen
or kitchenette and bathroom facilities).
(B)
A manufactured home, as defined in Health and Safety Code Section
18007.
(Ord. 2097 § 3, 2013; Ord. 2147 § 6, 2018)
"Accessory wireless equipment" means any equipment associated
with the installation of a wireless communications facility including,
but not limited to, cabling, generators, air conditioning units and
equipment cabinets.
(Ord. 2097 § 3, 2013)
"Gross acreage" means the total land area within the lot lines
of a parcel of land before the deduction of areas for public rights-of-way,
easements, public parks, public school sites and any areas to be dedicated
or reserved for public use are deducted from such lot or parcel, and
does not include adjacent lands already dedicated for such purposes.
(Ord. 2097 § 3, 2013)
"Net acreage" means the area within the lot lines of a parcel
of land after all deductions are made. Deductions include public rights-of-way,
public parks, public school sites, and any easement constituting impairment
of the fee.
(Ord. 2097 § 3, 2013)
"Activity" means a business establishment with direct access
to a parking lot or public right-of-way and under separate management
from any other business establishment within the same building or
structure.
(Ord. 2097 § 3, 2013)
"Addition" means any construction that is attached to an existing
building and which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area.
(Ord. 2097 § 3, 2013)
"Adjacent" means a lot or parcel of land which shares all or
part of a common lot line with another lot or parcel of land.
(Ord. 2097 § 3, 2013)
"Administrative Committee" means a committee made up of the
City Engineer, City Planner and City Manager.
(Ord. 2097 § 3, 2013)
"Adult bookstore" means any business that sells or offers for
sale, any book, magazine, pamphlet or other printed matter, or any
picture, drawing, photograph or film, and which by advertising or
otherwise purports to limit the sale thereof to persons who are 18
years of age or over.
(Ord. 2097 § 3, 2013)
"Adult care facility" means any facility licensed by the State
and/or County that provides nonmedical care to persons 18 years of
age or older in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the
protection of the individual on less than a 24 hour basis.
(Ord. 2118 § 2, 2015)
"Advertising device" means balloons of any size or variety;
flag; statuary; pennant; propeller; oscillating, rotating, pulsating
light; topiary landscaping; or similar contrivance; including but
not limited to signs held, waved or rotated by individuals used to
attract attention for the purpose of promoting the sale or gifting
of products or services.
(Ord. 2097 § 3, 2013)
means, under State and federal statutes, housing which costs
no more than 30% of gross household income. "Affordable housing" includes
the following terms:
"Adjusted for household size appropriate for the unit"
means for a household of one person in the case of a studio
unit, two persons in the case of a one-bedroom unit, three persons
in the case of a two-bedroom unit, four persons in the case of a three-bedroom
unit, and five persons in the case of a four-bedroom unit.
"Affordable"
means dwelling units offered at affordable rent or at an
affordable sales price.
"Affordable housing cost"
(1)
(2)
(3)
has the same meaning as set forth in the Health and Safety
Code Section 50052.5, or any successor statute or regulation. This
term means the total housing cost paid by a qualifying household,
which shall not exceed a specified fraction of their gross income,
adjusted for household size appropriate for the unit as follows:
"Very low income households"
means no more than 30% of 50% of the Los Angeles County median
income.
"Low income households"
means 30% of 70% of the Los Angeles County median income.
"Moderate income households"
means no less than 28% and no more than 35% of 110% of the
Los Angeles County median income.
"Affordable rent"
(1)
(2)
(3)
means a monthly housing expense for rental of a dwelling
unit not to exceed a specified fraction of their gross income, adjusted
for household size appropriate for the unit as follows:
"Very low income households"
means no more than 30% of 50% of the Los Angeles County median
income.
"Low income households"
means no more than 30% of 60% of the Los Angeles County median
income.
"Moderate income households"
means no more than (30) percent of 110% of the Los Angeles
County median income.
"Affordable sale price"
means a sales price for which the income of a very low, low
or moderate income household will qualify for purchase of a dwelling
unit as determined on the basis of applicable federal and/or State
underwriting standards of mortgage financing.
"Affordable senior housing development"
means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens that
meet the physical and social needs of senior citizens as defined in
California Civil Code Section 51.2, and in which all of the residential
units are for lower income households or at least 40% of the total
units of a mixed affordable senior housing development are for less
than moderate income households and the property owner agrees to continue
the affordability of all such lower income units for at least 55 years.
"Affordable units"
means those dwelling units which will be guaranteed by the
developer to be rented or sold for a period of time, agreed to by
the City and developer, to low- or very low-income households.
"Extremely low income households"
means households whose gross income does not exceed 30% of
the median income for Los Angeles County as determined annually by
the United States Department of Housing and Urban Development.
"Very low income households"
means households whose gross income does not exceed 50% of
the median income for Los Angeles as determined annually by the United
States Department of Housing and Urban Development.
"Low income households"
means households whose income does not exceed 80% of the
median income for Los Angeles County as determined annually by the
United States Department of Housing and Urban Development.
"Moderate income households"
means households whose income does not exceed 120% of the
median income for Los Angeles County as determined annually by the
United States Department of Housing and Urban Development.
"Total housing cost"
means the total monthly or annual recurring expenses required
of a household to obtain shelter. For an ownership unit, total housing
costs include the mortgage payment (principal and interest), utilities,
homeowner's association dues, taxes, mortgage insurance and any other
related assessments.
(Ord. 2097 § 3, 2013)
"Alcoholic Beverage Control (ABC) license" means a license issued
by the California Department of Alcohol Beverage Control for businesses
selling, purchasing, importing, exporting, or conducting business
with alcohol beverages which necessitates an ABC license.
(Ord. 2097 § 3, 2013)
"Alcoholism hospital" means an institution intended solely for
the admission, diagnosis and intensive short-term treatment of patients
addicted to excessive use of alcohol, and related conditions, licensed
as such by the State of California. Also see "rehabilitation facility."
(Ord. 2097 § 3, 2013)
"Alley" means a public or private way, other than a street or
highway, permanently reserved as a means of secondary vehicular access
to adjoining properties.
(Ord. 2097 § 3, 2013)
"Alter or alteration" means the replacement or reconstruction
of more than 50% of the combined area of all the exterior walls and
roof of a building or structure in any five-year period. For the purpose
of this definition, roof area shall be calculated as the horizontal
area covering the floor area. A portion of a wall or roof is considered
replaced or reconstructed when the framing has been replaced or reconstructed.
(Ord. 2097 § 3, 2013)
"Alternative health care provider" means locations where members
of a profession provide alternative health services primarily of a
preventative, treatment, therapeutic, or rehabilitative nature. Services
are provided generally with one client at a time, generally for a
minimum of one hour in duration including, but not limited to, physical
therapists, sports therapists, chiropractors, acupuncturists, and
acupressurists. This definition does not include design professionals,
massage establishments, administrative offices or medical offices.
(Ord. 2097 § 3, 2013)
"Alternative transportation" means the use of modes of transportation
other than the single-passenger motor vehicle, including but not limited
to carpools, vanpools, buspools, public transit, walking and bicycling.
(Ord. 2097 § 3, 2013)
"Ambulance service" means a facility whose primary function
is to provide vehicle transport for wounded, injured or sick persons
or animals. The facility typically operates 24 hours per day and provides
on-site accommodations (i.e., sleeping, eating and bathing facilities)
for employees.
(Ord. 2097 § 3, 2013)
"Amenity" means a natural or man-made feature which enhances
a particular property.
(Ord. 2097 § 3, 2013)
"Amusement arcade" means a commercial establishment whose primary
purpose is providing access to four or more amusement devices. Amusement
arcades include, but are not limited to, video arcades, personal computer
(PC) rooms, Internet arcades, or similar commercial gathering places
where electronic games are played.
(Ord. 2097 § 3, 2013)
"Amusement device" means a device including, but not limited
to, pinball machines, video games, computers, or other electronic
apparatus used to play games, shuffleboards, pool tables, and similar
devices which are coin or slug operated or for which charge or payment
is received for the privilege of playing, using, or operating the
same.
(Ord. 2097 § 3, 2013)
"Animal hospital" means a place where animals or pets are given
medical or surgical treatment and are cared for during the time of
such treatment. The use of the premises as a kennel or a place where
animals or pets are boarded for remuneration is not permitted.
(Ord. 2097 § 3, 2013)
"Animal sales and services" includes the following terms:
means the provision of shelter and care for animals or pets
on a commercial basis including activities (e.g., feeding, exercising,
grooming, and incidental medical care).
means the provision of bathing and trimming services for
animals or pets on a commercial basis. These uses include boarding
of domestic animals for a maximum period of 48 hours.
means the retail sales and boarding of animals or pets within
an entirely enclosed building. These uses include grooming, if incidental
to the retail use, and boarding of animals not offered for sale for
a maximum of 48 hours.
(Ord. 2097 § 3, 2013)
"Animal shelter" means a facility operated for the purposes
of impounding, harboring, selling, placing and retrieving seized,
strayed, distressed, homeless, abandoned or unwanted animals. May
include incidental activities including vaccination, training classes,
spay/neuter services, and boarding services.
(Ord. 2097 § 3, 2013)
"Antenna" means any system of wires, poles, rods, reflecting
discs, panels, microwave dishes, whip antennas or similar devices
used for the transmission or reception of electromagnetic waves, including
antennas relating to personal wireless services as defined by the
federal Telecommunications Act of 1996, when such system is either
external to or attached to the exterior of a structure (building-mounted
or rooftop-mounted), or ground-mounted. "Antenna" includes devices
with active elements extending in any direction, and includes directional
beam-type arrays mounted upon and rotated through a vertical mast
or tower interconnecting the beam and antenna support, all of which
elements are deemed to be a part of the antenna.
(Ord. 2097 § 3, 2013)
"Antenna array" means a group of antenna elements located on
the same geometric plane.
(Ord. 2097 § 3, 2013)
"Antenna classes" means the various classes in which wireless
telecommunications facilities and their attendant accessory wireless
equipment are categorized based on observed aesthetic impacts. Antenna
classes are as follows:
"Class 1 antennas" include the following:
(1)
Antennas mounted on a building or structure and fully screened using
camouflage design techniques so that the antenna panels are not visible
to the general public. Typical examples include but are not limited
to: building-mounted antennas behind a visually opaque screen designed
to pass radio frequency signals that match or complement existing
exterior surfaces of the building, or antennas designed to be incorporated
within a vertical architectural feature of a building such as a steeple,
cross, or other integral vertical elements.
(2)
Antennas mounted behind screens designed to replicate natural features
such as rocks and shrubbery and mounted in hillside areas or other
natural areas where the screen effectively and fully blends into the
surrounding vegetation or topography so that the antenna is not visible.
Typical examples include but are not limited to a monorock or monoshrub,
as those terms are defined herein.
"Class 2 antenna" means an antenna co-located on an approved
or existing wireless telecommunications facility and mounted in the
same manner and with the same camouflage design techniques as the
approved or existing wireless telecommunications facility.
"Class 3 antenna" means an antenna no larger than three cubic
feet and associated equipment system that is a temporary (not more
than ninety [90] days) or mobile unit intended to provide coverage
on an interim basis until a permanent facility to provide coverage
for the same general area is operational, or in connection with a
special event of a temporary duration (not more than thirty [30] days).
Typical examples include but are not limited to "cell-on-wheels" mobile
antennas. The definition of "Class 3 antenna" does not include temporary
emergency use antennas.
"Class 4 antenna" means a monopole or an antenna mounted on
an existing sports field light standard or utility lattice tower.
"Class 5 antenna" means an antenna mounted within the cylinder
of a flagpole or other cylindrical vertical structure that utilizes
the diameter typical of the flagpole or other similar vertical element
that the antenna replicates.
"Class 6 antenna" means (i) an antenna mounted on a building
or structure that is treated with camouflage design techniques, but
with only the antenna panels still visible; or (ii) an antenna mounted
on the exterior of a freestanding structure that has been specifically
built for the sole purpose of supporting a wireless telecommunications
facility using camouflage design techniques that only partially hide
or disguise the antenna panels but leave them partially visible. Typical
examples of a Class 6 antenna would include but not be limited to
antennas mounted on the exterior of the building or fixed to the side
of some other structure such as an aboveground water storage tank,
so that the antenna panels are partially visible but are painted to
match the color of the building or structure, and monopines or monopalms.
"Class 7 antenna" means an antenna mounted on the interior of
a freestanding structure for the predominant purpose of housing a
wireless telecommunications facility. Said structure must be: compatible
with other surrounding structures and facilities; have been built
solely for the purpose of supporting the wireless telecommunications
facility; use camouflage design techniques so that the wireless telecommunications
facility is fully enclosed within the structure; and designed so that
no antenna panels are visible. Typical structures used to enclose
the freestanding facilities may include but not be limited to: signs,
clock towers, lighthouses, water towers, campanile (bell tower), windmill,
or other similar vertical structures.
(Ord. 2097 § 3, 2013)
"Antenna support" means any pole, telescoping mast, tower, tripod
or any other structure that supports a wireless communication facility.
(Ord. 2097 § 3, 2013)
"Appeal" means a request by an interested party for a de novo
review of a decision.
(Ord. 2097 § 3, 2013)
"Applicant" means a person who has applied for a building permit,
business license, variance, conditional use permit, code amendment,
certificate of zoning compliance, site plan review, or other permit
or license issued by the City.
(Ord. 2097 § 3, 2013)
"Approval" means an approval or approval with conditions.
(Ord. 2097 § 3, 2013)
"Arbor" means a lattice frame or open trellis that can support
climbing vines, used as a gateway to a yard or garden area. Dimensions
shall not exceed eight feet in height, four feet in width and two
feet in depth.
(Ord. 2097 § 3, 2013)
"Architectural feature" means any portion of the outer surface
of a structure, including the kind, color and texture of the building
material, the type and style of all windows, doors, lights, signs,
walls, fences, awnings, canopies, screens, sculptures, decoration,
roof shape and materials, and other fixtures appurtenant to a structure.
(Ord. 2097 § 3, 2013)
"Architectural projection" means a building feature that is
mounted on, and/or extends from the surface of the building wall or
façade, typically above ground level. Examples of architectural
projections include balconies, bay windows, lighting fixtures, a marquee,
porch, canopy or similar projection of a building.
(Ord. 2097 § 3, 2013)
"Bar area" means an area accessible to the public used for preparing
and serving alcoholic beverages, which may also be used for preparing
and serving nonalcoholic beverages. Bar area shall include any seating
area where tables and chairs are devoted to serving or consuming these
beverages.
(Ord. 2097 § 3, 2013)
"Dining area" means the seating area including aisles within
a restaurant, fast-food, or formula fast-food restaurant where food
and beverages are served. This includes any outdoor area not located
on the sidewalk.
(Ord. 2097 § 3, 2013)
"Seating area" means an area that is part of a restaurant that
includes tables and chairs that are movable or where seats are bolted
or otherwise fixed and immovable or an area of a religious facility
that does not have permanent seats that are used for religious worship.
(Ord. 2097 § 3, 2013)
"Assembly hall" means a building, or portion of a building,
used for large scale public or private gatherings of people. For example,
and without limitation, assembly halls include private educational
facilities; religious institutions; clubs; lodges; theaters; and similar
kinds of facilities whether available for public or private uses.
(Ord. 2097 § 3, 2013)
"Assessor" means the tax assessor of the County.
(Ord. 2097 § 3, 2013)
"Assisted housing" means units that are subsidized by federal,
State, or local housing programs.
(Ord. 2097 § 3, 2013)
"Attendant parking" means a parking facility where a lot attendant
parks vehicles for drivers. This term is used interchangeably with
"valet parking."
(Ord. 2097 § 3, 2013)
"Athletic court facilities" means a quadrangular space walled,
marked or designated for playing one of various games with a ball,
such as basketball, tennis, volleyball or handball.
(Ord. 2097 § 3, 2013)
"Attic" means the area located between the top plate and the
roof or ridge of a building. It does not include any area in which
the top plate is more than three feet from the floor joists.
(Ord. 2097 § 3, 2013)
"Owner's authorized agent" means any person authorized to act
for the owner of a property by virtue of a notarized statement of
authorization, a proof of contract to purchase or a lease to the property.
(Ord. 2097 § 3, 2013)
"Auto sales" means the use of any building or land for the display
and sale or long term lease of new or used automobiles, panel trucks
or vans, trailers or recreational vehicles and including any warranty
repair work and other repair service conducted as an accessory use.
A long term lease is defined as no less than 24 months.
(Ord. 2097 § 3, 2013)
"Automated Teller Machine (ATM)" means a pedestrian-oriented
machine used by patrons for conducting transactions including deposits,
fund transfers, and withdrawals without contact with financial institution
personnel. The machines may be located at or within a bank, or in
other locations.
(Ord. 2097 § 3, 2013)
"Automobile detailing" is an establishment which may include
hand washing, waxing, and interior cleaning of vehicles.
(Ord. 2097 § 3, 2013)
"Automobile dismantling yard" means any premises used for automobile
salvage/wrecking.
(Ord. 2097 § 3, 2013)
"Automobile repair" is the general repair of automobiles, including
mechanical repairs, oil changes, tuneups, upholstery and installation
of tires, batteries and accessories, including the repair of trucks
less than one ton capacity. Includes body work and painting so long
as activities are conducted entirely within an enclosed building.
(Ord. 2097 § 3, 2013)
"Automobile salvage/wrecking" is the dismantling or wrecking
of one or more used motor vehicles or trailers, or storage, sale or
dumping of one or more dismantled or partially dismantled, obsolete
or wrecked vehicles or their parts.
(Ord. 2097 § 3, 2013)
"Awning" means a permanent or temporary structure attached to
and wholly supported by a building and installed over or in front
of openings or windows, and consisting of a fixed or movable frame,
and covered in canvas or other similar material.
(Ord. 2097 § 3, 2013)
"Bank" means a financial institution including savings and loan
or credit union that provides retail banking services to individuals
and businesses.
(Ord. 2097 § 3, 2013)
"Bar, tavern or cocktail lounge" means an establishment serving
alcoholic beverages for on-site consumption as the primary use, including
bars, cocktail lounges, pubs, saloons, and taverns. This use includes
establishments that have an Alcoholic Beverage Control license permitting
the consumption of alcohol on the premises.
(Ord. 2097 § 3, 2013)
"Bar with live entertainment" means a bar, tavern, or cocktail
lounge that provides incidental musical performances, where the performance
area does not exceed 75 square feet and customer dancing does not
occur. The use shall instead be classified as a nightclub if the performance
area exceeds 75 square feet or customer dancing occurs.
(Ord. 2097 § 3, 2013)
"Basement" means a habitable and non-habitable space within
a structure where less than one-half of the distance from its floor
to ceiling is below grade. For the purpose of this code, a basement
shall be counted as a story.
(Ord. 2097 § 3, 2013)
"Bedroom" shall mean any separate room normally used for sleeping
purposes, whether designated as a bedroom or den, study, library,
bonus room, media room, or other similar term, specifically excluding,
without limitations, dining room, living room, kitchen, hall, closet,
powder room, pantry, kitchen nook, garage, and bathroom.
(Ord. 2097 § 3, 2013)
"Berm" means a mound of earth, usually two to six feet in height.
(Ord. 2097 § 3, 2013)
"Bikeway" means a paved pathway, usually separated from streets
and sidewalks, designed to be used by bicyclists.
(Ord. 2097 § 3, 2013)
"Billiard parlor" means any place of business where any of several
games are played on a table by driving small balls against one another
or into pockets with a cue. Such place of business may include, as
an accessory use, any mechanical amusement device not otherwise prohibited
by this code.
(Ord. 2097 § 3, 2013)
"Birds" shall include, but are not limited to, budgies, buntings,
canaries, cardinals, cockatiels, cockatoos, conures, doves, finches,
lorries, lorikeets, lovebirds, macaws, mynahs, parakeets, parrots,
pigeons, sparrows, toucans, and weavers. Additional bird species can
be considered as pets subject to approval from the Community Development
Director.
(Ord. 2097 § 3, 2013)
"Block" is a unit of land bounded by streets or by a combination
of streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity of development.
(Ord. 2097 § 3, 2013)
"Boarding house or rooming house" means a dwelling unit where
sleeping rooms are rented to individuals under three or more separate
rental agreements or leases, either written or oral or implied, whether
or not an owner, agent, or rental manager is in residence. Meals may
be provided to boarders in connection with the renting of sleeping
rooms or common kitchen facilities may be provided. This definition
does not include household, residential care facility; group home;
community care facility; emergency shelter; sober living facility;
transitional housing; hotel, motel, single room occupancy or extended
lodging facility as these terms are defined in this code.
(Ord. 2097 § 3, 2013; Ord. 2118 § 3, 2015)
"Boat" means a vehicle for traveling in or on water, not exceeding
30 feet in body length, eight feet in width, or 11 feet in overall
height. Height includes the trailer, if the boat is mounted on a trailer.
A vehicle exceeding in size any portion of the above definition is
not deemed incidental to a dwelling unit.
(Ord. 2097 § 3, 2013)
"Boat trailer" means a vehicle without motive power, designed
to carry a boat whether or not so occupied at any one time. This does
not include trailers used for carrying persons or property (other
than a boat) or as a human habitat.
(Ord. 2097 § 3, 2013)
"Body branding" means impressing or burning a mark or figure
on the skin of a person with a hot object or flame.
(Ord. 2097 § 3, 2013)
"Body piercing" means to puncture, perforate, or penetrate a
human body part or tissue with an object, appliance, or instrument
for the purpose of placing a foreign object in the perforation to
prevent the perforation from closing. This includes, but is not limited
to, creating such an opening in the lip, tongue, nose, eyebrow or
navel for the purpose of inserting jewelry or other decorations. Body
piercing does not include piercing of the ear lobe or outer portion
of the ear.
(Ord. 2097 § 3, 2013)
"Body scarring" means any method by which a scar is applied
to or left upon a body.
(Ord. 2097 § 3, 2013)
"Buffer area" is an area of land used to visibly separate one
use from another or to shield noise, lights or other possible nuisances.
(Ord. 2097 § 3, 2013)
"Building" means any structure having a roof supported by columns
or by walls and intended for the shelter, housing or enclosure of
persons or property of any kind.
(Ord. 2097 § 3, 2013)
"Building Code" means the Uniform Building Code as it is incorporated
or as it may be amended in the future within this code.
(Ord. 2097 § 3, 2013)
"Building footprint" means the total area on the first or ground-level
floor of a building, as measured from the exterior face of the exterior
walls.
(Ord. 2097 § 3, 2013)
"Building frontage" means the measurement of linear feet of
the building or buildings that front onto a street, not including
driveways and pedestrian courtyards between buildings.
(Ord. 2097 § 3, 2013)
"Building height measurement" means a vertical distance as measured
from the grade plane to the average height of the highest roof surface
as shown in the figure below.
 |
 |
(Ord. 2097 § 3, 2013)
"Building length" means façade articulation, including
separations, changes in plane and height, and the inclusion of elements
such as balconies, porches, arcades, dormers, and cross gables that
interrupts flat walls and roofs of excessive length.
(Ord. 2097 § 3, 2013)
"Building line" means that certain line established by the City
Council as herein provided. Within the area of a lot between such
building line and an abutting street right-of-way, no structure shall
be erected or constructed except as set forth herein.
(Ord. 2097 § 3, 2013)
"Main building" means a building in which is conducted the principal
use permitted upon the lot upon which it is situated.
(Ord. 2097 § 3, 2013)
"Building Official" means the chief officer and City administrative
authority who is designated with responsibility of management, administration
and enforcement of the Building Code and associated standards and
regulations.
(Ord. 2097 § 3, 2013)
"Building pad" means the relatively flat buildable portion of
a lot, not exceeding a five percent grade, created with the original
subdivision. Retaining walls used to increase pad size shall not exceed
three feet in overall height as measured from top of wall's foundations
to the top of wall, unless otherwise approved by the Planning Commission.
(Ord. 2097 § 3, 2013)
"Principal building" means a building where the primary use
of a site is conducted.
(Ord. 2097 § 3, 2013)
"Building site" means the ground area of a lot excluding required
front, side and rear yards.
(Ord. 2097 § 3, 2013)
"Building setback area" means the area of a lot between the
building line and abutting street right-of-way, extending the full
width of such or parcel.
(Ord. 2097 § 3, 2013)
"Buspool" means a vehicle carrying 16 or more passengers commuting
on a regular basis to and from work with a fixed route.
(Ord. 2097 § 3, 2013)
"Café" means the same as "retail eating establishment."
(Ord. 2097 § 3, 2013)
"Camouflage design techniques" means measures used in the design
and siting of wireless telecommunications facilities with the intent
to minimize or eliminate the visual impact of such facilities to surrounding
uses. Such techniques may include but are not limited to one or more
of the following:
(1)
Screening elements to camouflage, disguise, or otherwise hide the
wireless telecommunications facilities from view from surrounding
uses.
(2)
Painting or coloring, or both, to blend into the predominant visual
backdrop.
(3)
Siting the wireless telecommunications facility to utilize existing
features (buildings, topography, vegetation, etc.) to screen, disguise,
camouflage, or hide the wireless telecommunications facility.
(4)
Utilizing simulated natural features such as trees or rocks.
(5)
Providing a wireless telecommunications facility of a size that,
as determined by the City Planner, or the Public Works Director in
the case of encroachment permits, is not visually obtrusive such that
any effort to screen the wireless telecommunications facility would
create greater visual impacts than the wireless telecommunications
facility itself.
(Ord. 2097 § 3, 2013)
"Carnival" means an operation within a common perimeter, not
completely within a structure, of rides, entertainment, food service
and games of skill or any combination thereof.
(Ord. 2097 § 3, 2013)
"Carpool" means a vehicle carrying two to six persons commuting
together to and from work on a regular basis.
(Ord. 2097 § 3, 2013)
"Carport" means a permanently roofed structure with not more
than two enclosed sides, used or intended to be used for automobile
shelter and storage.
(Ord. 2097 § 3, 2013)
"Car wash" means a building and related facilities for the primary
purpose of washing automobiles.
(Ord. 2097 § 3, 2013)
"Catering service" means a business in which the primary function
is to prepare food for distribution off the premises. It shall not
include a business in which the primary function is the sale of individual
meals or portions thereof on the premises.
(Ord. 2097 § 3, 2013)
"CC&R" means conditions, covenants and restrictions which
establish a set of private regulations for the development and use
of private property.
(Ord. 2097 § 3, 2013)
"Cellar" means that portion of a building between floor and
ceiling which is wholly or partly below grade and so located that
the vertical distance from grade to the floor below is equal to or
greater than the vertical distance from grade to ceiling. For the
purposes of this code, a cellar shall not be counted as a story, unless
it is used as habitable space.
(Ord. 2097 § 3, 2013)
"Cell site" means transmitting and receiving antennae with associated
equipment.
(Ord. 2097 § 3, 2013)
"Cellular" means an analog or digital wireless communication
technology that provides services such as two way mobile voice and
data communications, paging, voice mail, electronic mail, conference
calling, and facsimile.
(Ord. 2097 § 3, 2013)
"Cemetery" means property used for the interring of the dead
including columbariums, crematoriums, mausoleums, and mortuaries when
operated in conjunction with and within the boundary of a cemetery.
(Ord. 2097 § 3, 2013)
"Centerline" means the centerline, as determined by the City
Engineer, of any street, highway or alley.
(Ord. 2097 § 3, 2013)
"Charitable institution" means a nonprofit or philanthropic
organization that provides a service beneficial to the general public
or to a significant portion of the public for no fee or at a fee recognized
as being less than that charged by profit-making organizations.
(Ord. 2097 § 3, 2013)
"Check cashing facility" means a person or business that for
compensation engages in whole or in part, in the business of cashing
checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose. Check cashing facility does not include
a state or federally chartered bank, savings association, credit union,
or industrial loan company. A retail seller engaged primarily in the
business of selling consumer goods, including consumables, to retail
buyers that cashes checks or issues money orders for a flat fee as
a service that is incidental to its main purpose or business is also
considered a "check cashing facility."
(Ord. 2097 § 3, 2013)
"Child day care facility" means a facility that provides nonmedical
care for children under 18 years of age in need of personal services,
supervision or assistance essential for sustaining the activities
of daily living or for the protection of the individual on less than
a 24 hour basis. Child day care facility includes day care centers,
employer-sponsored child care centers, family day care homes, infant
centers, preschools, extended day care facilities and school age child
care centers.
(Ord. 2097 § 3, 2013)
See "assembly hall" for definition.
(Ord. 2097 § 3, 2013)
"City" means the City of Monterey Park.
(Ord. 2097 § 3, 2013)
"City Engineer" means the person(s) designated by the City Manager
as the City Engineer, or a duly designated representative, to fulfill
the duties of City Engineer in compliance with the Municipal Code.
The City Engineer manages the various functions of the Engineering
Division of the Public Works Department and performs other related
duties as required.
(Ord. 2097 § 3, 2013)
"Clerk" means the City Clerk of the City.
(Ord. 2097 § 3, 2013)
"Clinic" means an establishment where patients are admitted
for examination and treatment by one or more physicians, dentists,
psychologists or social workers and where patients are not lodged
overnight.
(Ord. 2097 § 3, 2013)
"Private club or club house" means any building or premises
used by an association of persons, whether incorporated or unincorporated,
organized for some common purpose to pursue common goals, interests,
or activities and usually characterized by certain membership qualifications,
payment of fee and dues, regular meetings, and a constitution and
by-laws. This term does not include a group organized primarily to
render a service customarily carried on as a commercial enterprise.
(Ord. 2097 § 3, 2013)
"Cluster development" means a development design technique that
concentrates buildings in specific areas on the site to allow the
remaining land to be used for recreation, common open space, and preservation
of environmentally sensitive features.
(Ord. 2097 § 3, 2013)
"Collection facility" means a center for the acceptance by donation,
redemption or purchase of recyclable materials from the public. A
collection facility may include reverse vending machines, mobile collection
facilities, kiosk type units, unattended containers and other small
collection facilities which occupy an area of not more than 500 square
feet. Materials may be accepted for compensation or as donations and
are intended for transfer to a larger facility for processing. A collection
facility is intended for day-to-day collection of materials and does
not include power-driven processing equipment. A group of seven or
less reverse vending machines shall be considered a small collection
facility.
(Ord. 2097 § 3, 2013)
"Co-location" means installing more than one wireless telecommunications
facility for more than one applicant on a single antenna support.
(Ord. 2097 § 3, 2013)
"Commercial development(s)" means a development that contains
two or more of the following uses: retail, office, restaurant, entertainment,
or community facilities in a unified development without a residential
component.
(Ord. 2097 § 3, 2013)
"Commercial entertainment" means provision of spectator entertainment
for commercial purposes. This use includes theaters, concert halls,
cinemas, nightclubs, or comedy clubs.
(Ord. 2097 § 3, 2013)
"Indoor commercial recreation" means provision of indoor participant
or spectator recreation that is operated as a business and open to
the public for a fee. This classification includes billiard parlors,
bowling alleys, and ice- or roller-skating rinks and karaoke uses.
(Ord. 2097 § 3, 2013)
"Outdoor commercial recreation" means provision of outdoor participant
or spectator recreation that is operated as a business and open to
the public for a fee. This classification includes amusement parks,
carnivals, circus, fairgrounds, golf courses, miniature golf courses,
and outdoor swimming pools.
(Ord. 2097 § 3, 2013)
"Commercial uses" means a business open to the public or members
where an interchange of goods, wares, products or services occurs
by purchase and sale.
(Ord. 2097 § 3, 2013)
"Commission" means the Planning Commission.
(Ord. 2097 § 3, 2013)
"Common area" means land held in common and/or single ownership
and not reserved for the exclusive use or benefit of an individual
tenant or owner.
(Ord. 2097 § 3, 2013)
"Common facility" means a noncommercial use established primarily
for the benefit and enjoyment of the community in which it is located,
typically utility or service use oriented.
(Ord. 2097 § 3, 2013)
"Communal housing" means nonfamily groups with or without common
kitchen and dining facilities but without medical, psychiatric or
other care. Communal housing is considered a boardinghouse.
(Ord. 2097 § 3, 2013)
"Communications equipment buildings" means buildings housing
operating electrical and mechanical equipment utilized in conducting
a public utility communications operation.
(Ord. 2097 § 3, 2013)
"Communications facility(ies)" means broadcasting, recording,
and other communication services accomplished through electronic or
telephonic mechanisms, but excluding major utilities and wireless
telecommunications facilities. This use includes radio, television,
or recording studios, and telephone switching centers.
(Ord. 2097 § 3, 2013)
"Community care facility" means a community care facility as
that term is defined in Health and Safety Code Section 1502.
(Ord. 2097 § 3, 2013; Ord. 2118 § 4, 2015)
"Community center" means a facility operated to provide recreational,
cultural or other similar activities.
(Ord. 2097 § 3, 2013)
"Community Development Department" means the Community Development
Department of the City.
(Ord. 2097 § 3, 2013)
"Community facility(ies)" means a public or semipublic use that
serves the community and generates substantial pedestrian usage along
the sidewalk, these facilities may include libraries, museums, community
rooms, educational facilities, cultural institutions, post office,
community centers, child day care facilities, fitness centers, and
transit terminals.
(Ord. 2097 § 3, 2013)
"Compost" means biologically decomposed organic material which
includes grass clippings, leaves and other garden debris and which
may also contain vegetable and fruit refuse.
(Ord. 2097 § 3, 2013)
"Composting facility" means a facility that accepts garden,
wood and other organic waste to reprocess into soil additives, wood
chips, or other products.
(Ord. 2097 § 3, 2013)
"Computer assembly" means the manufacture of computer hardware,
including any machinery necessary for the operation of an information
system. For purposes of this Zoning Code, computer assembly is considered
light manufacturing.
(Ord. 2097 § 3, 2013)
"Computer design" means the creation of computer equipment,
systems and programs (software). Computer design is considered research
and development.
(Ord. 2097 § 3, 2013)
"Conditionally allowed" means a discretionary approval granted
by the Planning Commission which allows a use or activity not allowed
by right, based on specified findings.
(Ord. 2097 § 3, 2013)
"Condominium" means a building or group of buildings owned on
a proportional basis with a specific benefit of ownership being the
right to occupy or own an individual unit(s) located within the structure(s).
(Ord. 2097 § 3, 2013)
"Conference/convention facility" means a building or area designated
to accommodate large groups of people usually for social occasions,
or the exchange of information related to professional or commercial
activity. Such a facility typically contains various large assembly
halls, conference rooms, and food service facilities.
(Ord. 2097 § 3, 2013)
"Congregate care facility" means a housing development of five
or more dwelling units which is planned, designed and managed to include
facilities and common space that maximize the residents' potential
for independent living. The facility may be occupied by senior citizens
or handicapped persons or households. The direct services that are
provided or made available shall relate to the nutritional, social,
recreational, housekeeping and personal needs of the residents, and
shall be provided or made available at a level necessary to assist
the residents to function independently. "Direct services" means meals,
housekeeping services, transportation services, and planned recreational
and social activities which shall be provided to the residents directly
by the management of the congregate housing. Support services are
social services, day care services and in-home services which the
management of the congregate housing shall assist the residents in
obtaining at the request of the residents.
(Ord. 2097 § 3, 2013)
"Convalescent facility" means the same as nursing and convalescent
hospital, licensed as such by the State.
(Ord. 2097 § 3, 2013)
"Copy center" means a commercial establishment that provides
services such as document copying, word processing, scanning, binding,
sorting, laminating, mounting and other similar services; computer
terminal rentals are not included in this term.
(Ord. 2097 § 3, 2013)
"Council" means the City Council of the City.
(Ord. 2097 § 3, 2013)
"County" means the County of Los Angeles.
(Ord. 2097 § 3, 2013)
"Court" means an area which is open and unoccupied by any building
or structure, bounded on three or more sides by the exterior walls
of a building. An inner court is a court entirely enclosed within
the exterior walls of a building. All other courts are outer courts.
(Ord. 2097 § 3, 2013)
"Lot or site coverage" means the percentage of a site covered
by roofs, soffits or overhangs extending more than three feet from
a wall, and by decks more than four feet in height. Roofs with openings
or perforations 50% or greater of their surface area, pools, or hot
tubs shall not be included in lot coverage calculations.
(Ord. 2097 § 3, 2013)
"Cultural institution" means establishments such as a museums,
art galleries, and botanical and zoological gardens of historic, educational
or cultural interests which are not operated for profit.
(Ord. 2097 § 3, 2013)
"Cultural resource" means any structure, portion of a structure,
improvement, district, or any grouping of structures or improvements
related to one another by virtue of their sharing of common characteristics
or uses, and any natural feature, landscape, site, area or object
of scientific, aesthetic, educational, cultural, architectural, landscape
architectural, archaeological, or historic significance to the citizens
of the City and the State, the Southern California region or the nation
which is listed in the National Register or is eligible for listing
in the National Register.
(Ord. 2097 § 3, 2013)
"Day/health spa" means any premises, place of business or membership
club providing facilities devoted especially to health, beauty, and
relaxation that deals with the cosmetic, therapeutic, and/or holistic
treatments, where people visit for professionally administered personal
care treatments. A day/health spa shall be classified as a medical
office land use.
(Ord. 2097 § 3, 2013)
"Day treatment hospital" means a place intended solely for the
admission and treatment of patients with mental illness or mental
disorder, who are provided with a daytime program of organized treatment,
activities and supervision under medical direction, but are not permitted
to remain overnight, licensed as such by the State.
(Ord. 2097 § 3, 2013)
"Defensible space" means a physical space which is made usable
and safe by means of a design encouraging pedestrian circulation,
visual access and the elimination of visually obstructed areas.
(Ord. 2097 § 3, 2013)
"Demolition" means an act or process that destroys, moves, or
razes in whole or in part a building, structure, or site or permanently
impairs its structural or architectural integrity.
(Ord. 2097 § 3, 2013)
"Density" means the number of dwelling units on a lot in relation
to the lot size, expressed in units per acre. If a street dedication
is required, density shall be calculated using the size of the lot
prior to the street dedication.
(Ord. 2097 § 3, 2013)
"Density bonus" means a density increase over the otherwise maximum allowable residential density for a property under this title and the Land Use Element of the General Plan as of the date the development application for the project is deemed complete, as permitted pursuant to Chapter 21.18.
(Ord. 2097 § 3, 2013)
"Density bonus units" means additional units that may be allowed
to be built if the density bonus is granted.
(Ord. 2097 § 3, 2013)
"Design" means architectural features; street alignments, grades
and widths; drainage and sanitary facilities and utilities, including
alignments and grades thereof; location and size of all required easements
and rights-of-way; fire roads and fire breaks; lot size and configuration;
traffic access; grading; land to be dedicated for park or recreation
purposes, if required; and such other specific requirements in the
plan and configuration of an entire project as may be necessary or
convenient to insure conformity to or implementation of the General
Plan or any adopted specific plan.
(Ord. 2097 § 3, 2013)
"Developer" means any person, firm, partnership, association,
joint venture, corporation, or any entity or combination of entities,
which seeks City approvals for all or part of a residential or commercial
development.
(Ord. 2097 § 3, 2013)
"Development" means any construction activity or alteration
of the landscape, its terrain contour or vegetation, including the
erection or alteration of structures. New development is any construction,
or alteration of an existing structure or land use, or establishment
of a land use, after the effective date of this Zoning Code.
(Ord. 2097 § 3, 2013)
"Development agreement" means an agreement entered into between
the City and a developer pursuant to California Government Code Section
65864.
(Ord. 2097 § 3, 2013)
"Development standard" means a site or construction condition
that applies to a residential or commercial development pursuant to
any ordinance, general plan element, specific plan, charter amendment,
or other local condition, law, policy, resolution, or regulation.
(Ord. 2097 § 3, 2013)
"Disabled person" means an individual who has a physical or
mental impairment that limits one or more of that person's major life
activities; anyone who is regarded as having such impairment; or anyone
who has a medical record of having such an impairment. A disabled
person does not include individuals currently using controlled substances
as defined by federal law.
(Ord. 2097 § 3, 2013)
"Disabled vehicle" means a vehicle which is not operable, by
reason of the removal of, or damage to, integral component parts.
(Ord. 2097 § 3, 2013)
"Dismantle" means the removal or stripping of one or more component
parts from a vehicle.
(Ord. 2097 § 3, 2013)
"Discretionary approval" means a decision in which the approving
entity or person can use their judgment in deciding whether and how
to carry out or approve a project.
(Ord. 2097 § 3, 2013)
"Drive-through business" means an establishment that sells products
or provides services to occupants in vehicles, including drive-in
or drive-up windows and drive-through services.
(A)
"Drive-through business, non-restaurant" means a drive-through business
that serves a use not related to a restaurant, fast-food restaurant,
or beverage sales fast-food restaurant. This use includes the operation
of drive-up or a drive-through service at a bank or financial institution,
food sales (for off-site preparation or consumption only), personal
services, and retail sales (e.g., pharmacy).
(B)
"Drive-through business, restaurant" means a drive-through business
that operates in conjunction with a restaurant, fast-food restaurant
or formula fast-food restaurant.
(Ord. 2097 § 3, 2013)
"Driveway" means a private roadway providing direct access for
vehicles to a parking space or garage. On residential properties,
the width of a driveway cannot extend beyond the width of the garage.
(Ord. 2097 § 3, 2013)
"Drought tolerant plant material" means those plants that tolerate
heavy clay to sandy soils with use of limited supplemental water.
Said plants are able to thrive with deep, infrequent watering once
their root systems are established (three to twelve [12] month average
time period). Plants include those that naturally grow in areas of
limited natural water supply (native and non-native plant species)
and are adaptable to weather and soil conditions prevalent in the
City.
(Ord. 2097 § 3, 2013)
"Dry cleaning or laundry establishment" means an establishment
or business maintained for the pick-up, delivery, dry-cleaning and
laundering of fabrics and apparel.
(Ord. 2097 § 3, 2013)
"Dry cleaning or laundry plant" means a central processing facility
for cleaning of clothing and fabrics collected from and returned to
patrons and to dry cleaning and laundry establishments.
(Ord. 2097 § 3, 2013)
"Inert solid dump" means an area devoted to the disposal of
non-water soluble, non-decomposable inert solids such as natural earth,
rock, sand and gravel; paving fragments; concrete, brick; plaster
and plaster products; steel mill slag; glass; asbestos fiber and products
therefrom.
(Ord. 2097 § 3, 2013)
"Rubbish and refuse dump" means an area devoted to the disposal
of decomposable organic refuse and scrap metal, or inert solids and
decomposable organic refuse.
(Ord. 2097 § 3, 2013)
"Multi-family dwelling" means a building containing two or more
dwelling units where each unit is for the use of individual households.
(Ord. 2097 § 3, 2013)
"Single-family dwelling" means a dwelling unit designed for
occupancy by not more than one household. Single-family detached units
do not share a wall with other single-family units. Single-family
attached units are attached to one or more other one-family dwellings
by a common vertical wall.
(Ord. 2097 § 3, 2013)
"Dwelling unit" means a structure intended for residency by
one family or household containing one or more habitable rooms designed
and intended to be occupied by a household or single family with sleeping,
kitchen and sanitation facilities. Kitchen facilities include cooking
appliances and a sink that measures 200 or more square inches in surface
area, or a sink that measures less than 200 square inches in surface
area augmented by an automated dishwasher. Sanitation facilities include
a toilet, bathtub and/or shower. The dwelling unit contains a maximum
of one kitchen. All habitable rooms must be internally accessible
from within the dwelling unit. "Dwelling unit" includes manufactured
housing and mobile homes when used for human habitation.
(Ord. 2097 § 3, 2013)
"Easement" means a grant of one or more of the property rights
by the property owner to the public, a corporation, or another person
or entity, and/or for the use by the public, a corporation, or another
person or entity.
(Ord. 2097 § 3, 2013)
"Eave" means the projecting lower edge of a roof overhanging
the wall of a building.
(Ord. 2097 § 3, 2013)
"Educational institution" means any public, private or parochial,
elementary, junior high, high school, college or university giving
general academic instruction in the several branches of learning,
but excluding trade schools.
(Ord. 2097 § 3, 2013)
"Electrical distribution substation" means an assembly of equipment
which is part of a system for the distribution of electrical power
where electrical energy is received at a sub-transmission voltage
and transformed to a lower voltage for distribution for general consumer
use.
(Ord. 2097 § 3, 2013)
"Electrical transmission substation" means an assembly of equipment
which is part of a system for the transmission of electrical power
where electrical energy is received at very high voltage from its
source of generation by means of a network of high voltage lines and
where, by means of transformers, the high voltage is transformed to
a lower sub-transmission voltage for purposes of supplying electrical
power to large individual consumers, interchange connections with
other power producing agencies or electrical distribution substations.
(Ord. 2097 § 3, 2013)
"Elevation" means a flat scale drawing of the front, rear or
side of a building or structure.
(Ord. 2097 § 3, 2013)
"Emergency shelter" means housing with minimal supportive services
for homeless persons, victims of domestic violence; persons requiring
temporary housing; and other individuals and households made temporarily
homeless due to natural disasters (e.g., fires and earthquakes) that
is limited to occupancy of six months or less by a homeless person
and operated by a government agency or private non-profit organization.
(Ord. 2097 § 3, 2013)
"Employee parking area" means the portion of total required
parking at a development used by on-site employees.
(Ord. 2097 § 3, 2013)
"Employer-sponsored child care center" means any child day care
facility at the employer's site of business operated directly or through
a provider contract by any person or entity having one or more employees,
and available exclusively for the care of children of that employer,
and of the officers, managers and employees of that employer.
(Ord. 2097 § 3, 2013)
"Enclosed" means a covered space fully surrounded by walls,
including windows, doors, and similar openings or architectural features.
(Ord. 2097 § 3, 2013)
"Entertainment" means activities which are open to the members
of the public with or without charge and any of the following:
(A)
Any act, play, review, pantomime, scene, dance, dance act, or song
and dance act performed or participated in by one or more persons,
whether or not such person or persons are compensated for such performance;
excepting from this subsection instrumental music, with or without
vocal accompaniment, as an accessory use to a use otherwise permitted
in the respective zone;
(B)
Any theatrical performance, whether live, on film, on television,
in pantomime or in silhouette in a theater, concert hall or similar
establishment which is primarily devoted to theatrical performances;
(C)
Karaoke uses which shall mean a use whereby an amateur or amateurs
perform and/or participate in a song act without compensation when
accompanied by audio and/or visual devices. Karaoke uses shall be
permitted only when conducted as an accessory use to a bona fide restaurant/bar.
(Ord. 2097 § 3, 2013)
"Environmental" includes the following:
(A)
"California Environmental Quality Act (CEQA)" means the State law
contained in the California Public Resources Code, Section 2100 et
seq.
(B)
"Environmental Impact Report (EIR)" means a detailed statement prepared
under CEQA describing and analyzing the significant environmental
effects of a project and discussing ways to mitigate or avoid the
effects. The contents of an EIR are discussed in CEQA Guidelines Article
9, commencing with Section 15120. The term "EIR" may mean either a
draft or a final EIR depending on the context.
(C)
"Exemption" means an action that is not subject to CEQA. This exempt
status may be documented with a Notice of Exemption (NOE).
(D)
"Initial Study (IS)" means a preliminary analysis of the environmental
effects of a proposed action used to determine whether an EIR, Subsequent
EIR, Supplemental EIR, Addendum to an EIR, or a Negative Declaration
(ND) must be prepared and used to identify the significant environmental
effects to be analyzed. The Initial Study may also be used to streamline
environmental review by determining that a previous EIR adequately
analyzes the current proposed project or whether the project is part
of a larger project, and a master, tiered, program, or focused EIR
would be appropriate.
(E)
"Mitigation" includes the following:
(1)
Avoiding the impact altogether by not taking a certain action or
parts of an action.
(2)
Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
(3)
Rectifying the impact by repairing, rehabilitating, or restoring
the impacted environment.
(4)
Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
(5)
Compensating for the impact by replacing or providing substitute
resources or environments.
(F)
"Negative Declaration (ND)" means a written statement briefly describing
the reasons why a proposed project will not have a significant effect
on the environment and why it does not require the preparation of
an EIR. The accompanying Initial Study shall support the reasons.
(G)
"Project" under CEQA means a project is the whole of an action that
has the potential to result in either a direct physical change or
a reasonably foreseeable indirect physical change in the environment.
(Ord. 2097 § 3, 2013)
"Expansion" means, as applied to development, increasing the
scope or size of an existing or proposed use, structure, parking,
signage, etc.
(Ord. 2097 § 3, 2013)
"Extended lodging facility" means any building or portion of
any building with access provided through a common entrance, lobby
or hallway to one or more guest rooms which are designed, occupied,
used or intended to be used, rented or hired out as weekly or monthly
accommodations for guests, subject to the following maximum continuous
length of occupancy:
(A)
One hundred percent of the total guest rooms in the extended lodging
facility may be occupied by guests having a maximum length of stay
of up to 30 days with a five-day interruption required before commencement
of each such subsequent stay.
(B)
Fifteen percent of the total guest rooms in the facility may be occupied
by guests having a maximum continuous length of stay of up to 90 days
with a five-day interruption required before commencement of each
such subsequent stay.
(C)
Five percent of the total guest rooms in the facility may be occupied
by guests having a maximum continuous length of stay of up to 180
days with a five-day interruption required before commencement of
each such subsequent stay.
(D)
Four percent of the total guest rooms in the facility may be occupied
by guests having a maximum continuous length of stay of up to 270
days with a five-day interruption required before commencement of
each such subsequent stay.
(E)
Two percent of the total guest rooms in the facility will be unlimited
as to length of stay.
The owner and/or operator shall allow authorized representatives
of the City to inspect the books and records of the extended lodging
facility during reasonable business hours for the purpose of determining
compliance with the provisions of this title.
(Ord. 2097 § 3, 2013)
"Façade" means the exterior wall of a building exposed
to public view or that wall viewed by persons not within a building.
(Ord. 2097 § 3, 2013)
"Façade mounted antenna" means a wireless telecommunications
facility mounted on to the façade of a building or structure.
(Ord. 2097 § 3, 2013)
"Fair Housing Law" means existing law affecting reasonable accommodation
in housing including, without limitation, the reasonable accommodation
required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation
required by Government Code Sections 12927(c)(1) and 12955(1).
(Ord. 2097 § 3, 2013)
"Family day care home" means a home that regularly provides
care, protection and supervision for 14 or fewer children in the provider's
own home for periods of less than 24 hours per day while the parents
or guardians are away.
(A)
"Large family day care home" means a home that provides family day
care for seven to 14 children inclusive, including children under
the age of 10 years who reside at the home.
(B)
"Small family day care home" means a home that provides family day
care for six or fewer children, including children under the age of
10 years who reside at the home.
(Ord. 2097 § 3, 2013)
"Financial uses" means a commercial use which is primarily an
establishment for the deposit, custody and issue of money in the form
of cash, checks, loans, notes and other mediums of exchange. All banks,
savings and loans, thrift associations and credit unions are financial
institutions.
(Ord. 2097 § 3, 2013)
"Fitness center" means establishments which charge fees for
providing fitness activities including weight training, aerobics,
jazzercise, saunas, running, martial arts, weight loss programs and
similar physical exercise activities, and may also be referred to
as "health club" or "health center." Fitness center shall not include
massage establishment.
(Ord. 2097 § 3, 2013)
"Floor area" means the sum of the gross areas of the floor or
several floors of a building or buildings measured from the exterior
faces of walls, including elevator shafts or stairwells at each floor,
floor space in penthouses and attic space with headroom of eight feet
or more, and excluding cellar or basement space, open balconies, or
off-street parking.
(Ord. 2097 § 3, 2013)
"Gross floor area" means the total floor area of all the floors
of a building including the surrounding walls.
 |
(Ord. 2097 § 3, 2013)
"Net floor area" means the gross floor area of a building or
structure, minus elevator shafts, stairwells, floor area intended
and designed for the parking of motor vehicles, interior balconies,
and electrical and mechanical equipment rooms. "Net floor area" shall
also exclude open interior pedestrian walkways, lobbies, plazas and
interior balconies, such as those found in enclosed shopping malls,
office and hotel lobbies and atrium buildings, which exceed minimum
code requirements for hallways and passageways.
 |
 |
(Ord. 2097 § 3, 2013)
"Floor area ratio (FAR)" means the total net floor area on a
zoning lot divided by the gross area of that lot (prior to any required
dedications for street or utility rights-of-way).
(Ord. 2097 § 3, 2013)
"Street frontage" means the width of the front lot line of a
lot which abuts a street or highway.
(Ord. 2097 § 3, 2013)
"Fundraising event" means a sale of goods or services for a
charitable, religious, educational, cultural, civic or political purpose.
(Ord. 2097 § 3, 2013)
"Game arcade" means any establishment having four or more electronic
or mechanical games of skill.
(Ord. 2097 § 3, 2013)
"Private garage" means any building with three enclosed sides
and with an operable overhead access door or doors on the fourth side,
which is used or intended to be used for automobile shelter in conjunction
with a dwelling. The required door or doors shall be of the hinged
or roller type.
(Ord. 2097 § 3, 2013)
"Public parking garage" means a building used exclusively for
the temporary parking of automobiles, that is permanently open on
at least one side.
(Ord. 2097 § 3, 2013)
"Repair garage" means any building used for general automotive
repair and shall not include painting, body and fender work, or truck
repair.
(Ord. 2097 § 3, 2013)
"Storage garage" means any building used exclusively for the
storage of vehicles.
(Ord. 2097 § 3, 2013)
"Gated communities" means any residential area, neighborhood
or collection of residential units in the single-family residential
zone wherein access into the development is regulated and/or restricted.
Access to the development may be regulated and/or restricted by such
means as a guarded entry, mechanically operated gate, mechanical arm
or other means, as approved by the City.
(Ord. 2097 § 3, 2013)
"Controlled access gate" means any mechanism or gate that inhibits
direct vehicular access to on-site parking facilities or parking structures
on a residential street.
(Ord. 2097 § 3, 2013)
"Security gate" means any mechanism (i.e., fence, etc.) used
solely for the protection of property, materials, or a specific area
of a nonresidential site which is not intended to inhibit public access
to and from said site during normal business hours of said site. Security
gates are intended to prohibit entry after normal business hours.
(Ord. 2097 § 3, 2013)
"Golf course" means a tract of land used for playing golf, usually
improved with tees, greens, fairways, hazards and accessory uses such
as but not limited to driving range, clubhouse, food service, maintenance
buildings, pro shop, meeting rooms and tee box shelters.
(Ord. 2097 § 3, 2013)
"Gender" means when consistent with context, words in the masculine
gender include the feminine and neutral genders.
(Ord. 2097 § 3, 2013)
"General Plan" means the adopted General Plan of the City in
accordance with the State Planning and Zoning Law.
(Ord. 2097 § 3, 2013)
"Government or public facility" means offices or uses established
by any governmental or public entity which are established to provide
direct service to the public at a particular location. Examples of
public facilities and uses include, but are not limited to, the following:
(A)
Department of Social Welfare;
(B)
Department of Motor Vehicles;
(C)
Department of Human Resources Development;
(D)
Internal Revenue Service;
(E)
Social Security Administration;
(F)
Jails and similar detention facilities;
(G)
Hospitals established and maintained by public entities;
(H)
Courts.
(Ord. 2097 § 3, 2013)
"Grade" means the ground surface immediately adjacent to the
exterior base of a structure, typically used as the basis for measurement
of the height of the structure.
(A)
"Grade plane" is a reference plane that represents the average of
finished ground level adjoining the building at exterior walls. Where
the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the
area between the building and the lot line or, where the lot line
is more than six feet from the building, between the building and
a point six feet from the building.
(B)
"Existing grade" means the contour of the ground surface before grading.
(C)
"Finish grade" means the final contour of the ground surface of a
site that conforms to the approved grading plan.
(D)
"Natural grade" means the elevation of the ground level in its natural
state before grading.
(E)
"Street grade" means the elevation of the centerline of the street
adjacent to the site proposed for development.
(Ord. 2097 § 3, 2013)
"Gradient" means the rate of vertical change of a ground surface
expressed as a percentage figure and determined by dividing the vertical
distance by the horizontal distance.
(Ord. 2097 § 3, 2013)
"Green roof" or "living roof" means a roof of a building that
is partially or completely covered with vegetation and soil or other
growing medium over a waterproofing membrane. It may also include
additional layers such as a root barrier and drainage and irrigation
systems.
(Ord. 2097 § 3, 2013)
"Grocery store" means a retail establishment, of less than 15,000
square feet, whose merchandise consists primarily of a variety of
groceries, meats, dairy products, produce, liquor and other food products.
Food service may occur as an accessory use, not occupying more than
10% of the entire square footage of the establishment. See "Supermarket."
(Ord. 2097 § 3, 2013)
"Gross acreage" means the total area within the lot lines of
a lot or parcel of land before public streets, easements or other
areas to be dedicated or reserved for public use are deducted from
such lot or parcel, and does not include adjacent lands already dedicated
for such purposes.
(Ord. 2097 § 3, 2013)
"Ground floor" means the lowest level within a building that
is accessible from and within three feet above or two feet below the
grade of the adjoining sidewalk. If a sloped site, the ground floor
elevation is measured at the point of entry.
(Ord. 2097 § 3, 2013)
"Group home" means "community care facility."
(Ord. 2097 § 3, 2013)
"Guest room" means a unit in a hotel, motel, extended lodging
facility or boardinghouse containing one or more rooms, which provides
no kitchen facilities and which is designed and utilized as a single
unit to be rented to persons primarily on a daily or weekly basis.
(Ord. 2097 § 3, 2013)
"Guest parking" means parking spaces provided with a residential
unit for intermittent use by visitors.
(Ord. 2097 § 3, 2013)
"Gunsmith" means a person who repairs, modifies, designs, or
builds firearms. A gunsmith does factory level repairs, renovation
(such as applying metal finishes), and makes modifications and alterations
for special uses. Gunsmiths may also apply carvings, engravings and
other decorative features to an otherwise finished gun. This occupation
is different from an armorer. The armorer primarily maintains (disassembly,
cleaning) weapons and limited repairs involving parts replacement
and possibly work involving modifications to make the weapon more
accurate. For the purposes of this Zoning Code, "gunsmith" will be
considered to include "armorer."
(Ord. 2097 § 3, 2013)
"Guyed tower" means a wireless telecommunications tower that
is supported in whole or in part by guy wires and ground anchors.
(Ord. 2097 § 3, 2013)
"Habitable floor" means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation, or
a combination thereof. A floor used only for storage purposes is not
a habitable floor.
(Ord. 2097 § 3, 2013)
"Habitable room or space" means a room or space in a structure
for living, sleeping, eating and/or cooking.
(Ord. 2097 § 3, 2013)
"Handicapped" means persons, as defined in United States Code,
Title 42, Section 423, as disabled and as defined in the California
Health and Safety Code, Section 50072.
(Ord. 2097 § 3, 2013)
"Hardscape" means decorative elements that may be combined with
landscaping to satisfy the landscaping requirements of this Zoning
Code. Hardscape elements include, but are not limited to natural features
such as rock, slate and stone and structural features such as art
works, benches, fences, fountains, reflecting pools, screens, swimming
pools, walls and crushed granite.
(Ord. 2097 § 3, 2013)
"Hazardous waste" means a waste, or combination of wastes, which
because of its quantity, concentration, toxicity, corrosiveness, mutagenicity
or flammability, or physical, chemical, or infectious characteristics
may: (1) cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or (2) pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed.
(Ord. 2097 § 3, 2013)
See "building height."
(Ord. 2097 § 3, 2013)
"Highway" means the same as "street."
(Ord. 2097 § 3, 2013)
"High visibility" means any of the following wireless communication
facilities:
(1)
Monopoles and lattice towers.
(2)
Noncamouflaged facilities.
(3)
Monopalms, monopines and other camouflaged monopoles made to resemble
trees.
(Ord. 2097 § 3, 2013)
"Home occupation" means the conduct of a business enterprise
within a dwelling unit which is incidental and subordinate to the
principal residential use.
(Ord. 2097 § 3, 2013)
"Homeowner's association" or "owner's association" means a community
association which is organized within a development in which individual
owners share common interests and responsibilities for open space,
landscaping, and/or facilities.
(Ord. 2097 § 3, 2013; Ord. 2191 § 4, 2020)
"Homeless person" means the same definition as set forth in
42 U.S.C. Section 11302.
(Ord. 2097 § 3, 2013)
"Hospital" means an institution staffed and equipped to provide
the various types of intensified hospital care, including, but not
limited to, short-term care in acute medical, surgical and obstetrical
services, but shall not include the treatment, other than on an emergency
temporary basis, of alcoholic or mental patients or drug addicts.
(Ord. 2097 § 3, 2013)
"Hotel" means any building or portion of any building with access
provided through a common entrance, lobby or hallway to one or more
guest rooms which are designed, occupied, used or intended to be used,
rented or hired out as temporary or overnight accommodations for guests.
Hotel facilities include banquet and meeting rooms, restaurant, coffee
shops, retail uses, and lobby and entertainment bars.
(Ord. 2097 § 3, 2013; Ord. 2179 § 2, 2020)
"Household" means a single housekeeping unit where occupants
of a dwelling unit have established social ties and familiarity with
each other; jointly use common areas (e.g., living room, dining room,
kitchen); interact with each other; share meals, household activities,
expenses, and responsibilities. Additionally, membership within a
household is stable instead of transient, and the residential activities
of the household are conducted on a not for profit basis. Examples
that a household is not operating as a household include, without
limitation, the occupants do not share a lease agreement or ownership
of the property, occupants stay less than 180 days, or occupants have
separate, private entrances from other residents.
(Ord. 2097 § 3, 2013; Ord. 2118 § 6, 2015)
"Household pets" means any domesticated animal commonly kept
in a residential area which includes, but is not limited, to a dog,
cat, bird, ferret, pig, canary, parrot, or hamster. It shall not include
any animal life which is, or could be, dangerous to life or limb.
(Ord. 2097 § 3, 2013)
"Direct illumination" means illumination by means of light that
travels directly from its source to the viewer's eye.
(Ord. 2097 § 3, 2013)
"Indirect illumination" means illumination only by means of
light cast upon an opaque surface from a concealed source.
(Ord. 2097 § 3, 2013)
"Inclusionary requirement" means a requirement that a certain
portion of residential units be affordable to a determined economic
segment of the community.
(Ord. 2097 § 3, 2013)
"Individual with a disability" means a person who has a physical
or mental impairment that substantially limits one or more major life
activities; anyone who is regarded as having such impairment; or anyone
with a record of such impairment.
(Ord. 2097 § 3, 2013)
"Infant" means a child between zero and seventeen (17) months.
(Ord. 2097 § 3, 2013)
"Infrastructure" means permanent physical improvements required
to serve the population of the City, including, but not limited to,
circulation, utilities, and public facilities.
(Ord. 2097 § 3, 2013)
"Improvement" means any building, structure, wall fences, steps,
paving, gate, sign, light, general arrangement of place or area, the
kind of texture or quality of building material, landscaping, hardscape,
or work of art or other object which may be erected upon or proposed
to be erected upon any specific real estate.
(Ord. 2097 § 3, 2013)
"Incentive or concession" means a relaxation of development standards or zoning requirements for affordable housing projects that meet the requirements of Chapter 21.18, which results in identifiable cost reductions where such incentives and concessions are consistent with the General Plan, including, without limitation, reductions in setback; square footage or lot size requirements; the ratio of vehicle parking spaces that would otherwise be required; or approval of mixed use zoning if commercial, office or other land uses would be compatible with the housing project as well as the existing or planned development in the area where the proposed housing project will be located.
(Ord. 2097 § 3, 2013)
"Intensification of use" means an enlargement or alteration
to an existing structure where an increase in required number of parking
spaces is required or the change would result in additional vehicular
trips, or change of use where the new use requires an increase in
the number of required parking spaces or would result in additional
vehicular trips.
(Ord. 2097 § 3, 2013)
"Internet arcade" means an establishment that provides four
or more computers and/or electronic devices for rent or charge to
access that system generally known as the "Internet," play video games,
view and send electronic mail and utilize other types of computer
software programs. Internet access arcade shall not include sexually
oriented businesses as defined in this title. Internet access arcade
is also referred to as Internet game arcade, Internet access studio,
cyber cafe, cyber center, electronic gaming facility, PC arcade and
PC café.
(Ord. 2097 § 3, 2013)
"Kennel" means a place where three or more dogs, four months
of age or older, or where five or more cats, four months of age or
older, are kept.
(Ord. 2097 § 3, 2013)
"Key nodes" mean key intersections, as identified in the pedestrian
linkage plan for mixed-use developments and commercial developments,
including, but not limited to, the intersections at Garvey Avenue
and Garfield Avenue, Atlantic Boulevard and Garvey Avenue, and Atlantic
Boulevard and Hellman Avenue.
(Ord. 2097 § 3, 2013)
"Key tenant" means a business which leases or owns, or proposes
to lease or own, at least 20,000 square feet or 20% of the project
site, whichever is less, such that its needs will determine the site
design and building design and layout, which acts as an "anchor" tenant
by generating customers or patrons for the smaller satellite businesses
in the project, and whose participation will substantially affect
the financial feasibility of the project.
(Ord. 2097 § 3, 2013)
"Kitchen" means any room or space within a building designated,
intended to be used or used for the cooking or the preparation of
food.
(Ord. 2097 § 3, 2013)
"Dry laboratory" means a laboratory where dry materials, electronics.
and/or large instruments are tested and analyzed, with limited piped
services. Dry laboratories may require controlled temperature and
humidity as well as dust control.
(Ord. 2097 § 3, 2013)
"Wet laboratory" means a laboratory where chemicals, drugs or
biological matter are tested and analyzed, and which typically requires
water, direct ventilation, specialized piped utilities and protective
measures.
(Ord. 2097 § 3, 2013)
"Land use plan" means a plan, adopted in the General Plan, showing
the existing and proposed location, extent and intensity of development
of land to be used in the future for varying types of residential,
commercial, industrial, agricultural, recreational, educational and
other public and private purposes or combination of purposes.
(Ord. 2097 § 3, 2013)
"Landscaped area" means an area upon which landscaping is required
to be continuously maintained.
(Ord. 2097 § 3, 2013)
"Landscaping" means the planting and maintenance of some combination
of natural vegetation, such as trees, shrubs, vines, ground covers,
flowers or lawns. In addition to such plant life, the combination
or design may include natural features, such as rock and stone, and
structural features, including but not limited to fountains, reflecting
pools, art works, screens, walls, fences and benches. When natural
and structural features are used in addition to plant life, the plant
life shall be predominant.
(Ord. 2097 § 3, 2013)
"Landscaping plan" means a plan which indicates the type, size
and location of vegetative and accent material proposed for the landscaping
of a site including all irrigation and other devices necessary to
maintain such landscaping.
(Ord. 2097 § 3, 2013)
"Lattice tower" means a guyed antenna tower or self-supporting
three- or four-sided, open, steel frame support structure used to
support telecommunications equipment.
(Ord. 2097 § 3, 2013)
"Laundromat" means a facility where patrons wash, dry, or dry
clean clothing or other fabrics in machines operated by the patron.
(Ord. 2097 § 3, 2013)
"Lease line" means lineal measurement of that portion of a building
façade which encloses the area leased by a single business.
(Ord. 2097 § 3, 2013)
"Linear foot" means the horizontal length of a building face.
(Ord. 2097 § 3, 2013)
"Live/work unit" or "live/work units" mean a unit, which combines
living quarters with artist studios, professional offices, software/media
offices or small retail uses. Live/work units are typically located
in a small scale, mixed-use building and help transition between a
busy street and a residential area. Live/work units are required to
have the workspace on the ground floor with living space on one or
two stories above and must be occupied by the same individual(s) who
occupies the living quarters. Live/work units may be built as attached
townhomes.
(Ord. 2097 § 3, 2013)
"Loading space" means an off-street space or berth on the same
lot with a building or contiguous to a group of buildings for the
temporary parking of a commercial vehicle while loading or unloading
merchandise or materials and which abuts upon a street, alley, or
other appropriate means of access.
(Ord. 2097 § 3, 2013)
"Logo" means a symbol, design, or graphic representation, which
may include text that identifies a business, activity, or company.
(Ord. 2097 § 3, 2013)
"Long-term facility" means an institution of one-patient capacity
or more intended primarily for the admission of chronic mentally ill,
or mentally disordered or other incompetent persons who are provided
medical care, nursing services and intensive supervision, licensed
as such by the State of California.
(Ord. 2097 § 3, 2013)
"Lot or parcel of land" means a recorded lot or parcel of real
property under single ownership, lawfully created as a required by
the Subdivision Map Act and City ordinances, including this Zoning
Code. (See also figure within this section) Types of lots include
the following:
(A)
"Corner lot" means a lot located at the intersection of two or more
streets, where they intersect at an interior angle of not more than
135 degrees. If the intersection angle is more than 135 degrees, the
lot is considered an interior lot.
(B)
"Flag lot" means a lot having access from the building site to a
public street by means of private right-of-way strip that is owned
in fee.
(C)
"Interior lot" means a lot abutting only one street.
(D)
"Key lot" means the first interior lot to the rear of a reversed
corner lot. The front property line of the key lot is formed by a
continuation of the side line of the reversed corner lot.
(E)
"Reverse corner lot" means a corner lot, the rear of which abuts
a key lot.
(F)
"Through lot" means a lot with frontage on two generally parallel
streets.
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(G)
No lot or parcel of real property shall be created after the effective
date of this title unless the parcel has street frontage and lot area
as required by this title.
(H)
No building permit shall be issued for an illegally created lot.
(Ord. 2097 § 3, 2013)
"Lot area" means the total horizontal area within the boundary
lines of a lot or parcel; provided, however, that the following shall
be excluded from the computation thereof:
(A)
Any portion of the lot or parcel which serves as an access easement
to any other lot or building site;
(B)
Any portion of the lot or parcel which serves as an improved surface
flood control project under the jurisdiction of any public agency.
(Ord. 2097 § 3, 2013)
"Lot depth" means the horizontal distance measured between the
midpoints of the front and rear lot lines.
(Ord. 2097 § 3, 2013)
"Lot line or property line" means any recorded boundary of a
lot. Types of lot lines are as follows:
(A)
"Front lot line" means on an interior lot, the property line separating
the parcel from the street. The front lot line on a corner lot is
the line with the shortest frontage. If the lot lines of a corner
lot are equal in length, then front lot line shall be determined by
the City Planner. On a through lot, both lot lines are front lot lines
and the lot is considered to have no rear lot line.
(B)
"Interior lot line" means any lot line not abutting a street.
(C)
"Rear lot line" means a property line that does not intersect the
front lot line, which is most distant from and most closely parallel
to the front lot line.
(D)
"Side lot line" means any lot line that is not a front or rear lot
line.
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(Ord. 2097 § 3, 2013)
"Lot width" means the horizontal distance between the side lot
lines measured at right angles to the lot depth line at a point midway
between the front and rear lot lines.
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(Ord. 2097 § 3, 2013)
"Low visibility" means any of the following wireless telecommunications
facilities:
(A)
Whip antennas not exceeding six feet in length or height, including
mounting, and measuring no more than three inches in diameter, located
on existing structures including, without limitation, high-voltage
transmission towers, utility towers and poles, sign standards, and
roadway overpasses, if the addition of the antenna to the structure,
including any vertical mounting, does not result in an increase in
height of the structure of more than five feet.
(B)
Antennas that are flush-mounted to an existing building façade
or other existing structure on at least one edge, extend a maximum
of 24 inches from the point at which the antennas are affixed to the
building façade or structure, do not exceed the height of the
building or structure by more than five feet and are designed to blend
with the color and texture of the existing building or structure,
with no accessory wireless equipment visible from the ground.
(C)
Changes to an existing building or structure that are consistent
with the building's architectural style and the accessory wireless
equipment is not visible.
(D)
Accessory wireless equipment that is screened from view by means
other than walls or fences and has a total dimension no greater than
50 cubic feet and no dimension greater than six feet. Accessory wireless
equipment in underground vaults is not included in the size calculation.
(Ord. 2097 § 3, 2013)
"Low water flow irrigation" means a system of watering plant
material using drip/trickle, reduced water emitting devices, low precipitation
heads, soaker lines, or other similar mechanisms, which restricts
the amount of water in gallons per minute to allow for deep percolation
into the soil. The low water flow irrigation system will reduce water
loss through evaporation, wind drift and overwatering.
(Ord. 2097 § 3, 2013)
"Major development" means: (1) a nonresidential building (e.g.,
commercial, office, industrial, public/quasi-public) 25,000 square
feet or more; (2) a mixed-use project regardless of the commercial
square footage and number of residential units; (3) a commercial shopping
center either of five or more commercial tenant spaces or on a lot
greater than one acre.
(Ord. 2135 § 2, 2016)
"Manufactured home" means a structure, transportable in one
or more sections, which, in the traveling mode, is at least eight
feet wide, 40 feet long, and 320 square feet in area, which is built
on a permanent chassis and designed to be used as a dwelling unit
with or without a permanent foundation when connected to the required
utilities, and which includes its own plumbing, heating, air conditioning,
and electrical systems. Manufactured home includes a mobile home but
does not include a recreational vehicle (as defined in California
Health and Safety Code Section 18010).
(Ord. 2097 § 3, 2013)
"Heavy manufacturing" means the transformation of raw materials
into finished goods and any manufacturing use operated in such a way
that it produces noise, dust or other pollutants or products capable
of harming or annoying adjacent uses.
(Ord. 2097 § 3, 2013)
"Light manufacturing" means a use engaged in the manufacture,
predominantly from previously prepared materials, of finished products
or parts, including processing, assembly and packaging of such products,
and incidental processing of extracted or raw materials.
(Ord. 2097 § 3, 2013)
"Map" means the Zoning Map of the City.
(Ord. 2097 § 3, 2013)
"Mapped street" means a future street which is laid out and
delineated on the General Plan, on a map of such size, scale and detail
that the precise alignment of such street is ascertainable.
(Ord. 2097 § 3, 2013)
"Map Act" means the Subdivision Map Act of the State.
(Ord. 2097 § 3, 2013)
"Massage" means a method of treating the external parts of the
body for remedial, relaxation or hygienic purposes consisting of rubbing,
stroking, kneading or tapping or other means of touching external
parts of the body with the hand or any instrument.
(Ord. 2097 § 3, 2013)
"Massage establishment" means and includes any massage establishment,
parlor, or any room, place or institution where massage is given or
administered by a massage technician as a service provided within
a business establishment.
(Ord. 2097 § 3, 2013)
"May" is permissive.
(Ord. 2097 § 3, 2013)
"Mechanical equipment" means any heating, ventilating, cooling,
refrigeration systems, pool or spa equipment, or other miscellaneous
appliances which are placed outside a building.
(Ord. 2097 § 3, 2013)
"Medical and/or dental clinic" means any facility providing
physical health service, or medical, surgical or dental care of the
sick or injured, but shall not include in-patient or overnight accommodations.
Medical clinic includes health center, health clinic, doctors' and
dentists' offices but shall not include medical marijuana dispensaries.
(Ord. 2097 § 3, 2013)
"Merger" means the joining of two or more contiguous parcels
of land under one ownership into one parcel pursuant to the Subdivision
Map Act.
(Ord. 2097 § 3, 2013)
"Minor modification" means a discretionary approval granted by the City Planner which allows a slight modification or minor deviation up to 10% to certain development standards of this Zoning Code when just deviation constitutes reasonable use of the property not permitted under the strict interpretation of the Zoning Code. See Chapter 21.32, Permit Procedures.
(Ord. 2097 § 3, 2013)
"Mixed-use development(s)" means a development which combines
residential uses with one or more of the following uses: retail, office,
entertainment, restaurant, or community facilities. A mixed-use development
may be arranged vertically (ground-level retail, office, restaurant,
entertainment, or community facility with residential uses above)
or horizontally (commercial uses on a portion of the property linked
by pedestrian connections to residential uses as part of a unified
development project). Mixed-use developments shall include, but are
not limited to, the following:
(A)
"Mixed Use I (MU-I)" means a broad range of commercial and residential
uses can be established either within the same building or building
complex, or side by side on separate legal parcels. Residential projects
must be combined with a commercial use; no stand-alone residential
development is permitted. No residential use shall be permitted on
the ground floor on streets fronting major arterials (Atlantic Boulevard,
Garvey Avenue and Garfield Avenue).
(B)
"Mixed Use II (MU-II)" means commercial and residential uses may
be permitted as an integrated vertical mixed-use development or as
a horizontal intra-related mixed-use development. Where a residential
project does not include commercial development as a part of the development
in a mixed use area, residential densities shall conform to the underlying
General Plan designation. However, residential-only developments shall
not encroach within any commercially zoned areas.
(C)
"Mixed Use III (MU-III)" means a range of commercial and residential
uses can be established either within the same building or building
complex, or side by side-by-side on separate legal parcels. Residential
uses may be stand-alone or may be combined with commercial uses. However,
residential-only developments shall not encroach within any commercially
zoned areas.
(Ord. 2097 § 3, 2013)
"Mixed-use facility" means a commercial use in a single enclosed
building in which a single tenant engages in each and all of the following
uses: office use, storage of goods and merchandise, and retail use.
(Ord. 2097 § 3, 2013)
"Mobile home" means a structure designed for human habitation
and for being moved on a street or highway under permit pursuant to
California Vehicle Code Section 35790, including manufactured homes.
Mobile home does not include recreational vehicles (as defined in
Section 18010 of the California Health and Safety Code) or a commercial
coach or commercial modular (as defined in Section 18001.8 of the
California Health and Safety Code).
(Ord. 2097 § 3, 2013)
"Model home sales complex" means residential units and a sales
office in a development which are temporarily used to illustrate the
design of the units to potential homebuyers during initial sale of
units.
(Ord. 2097 § 3, 2013)
"Monopalm" means a monopole camouflaged to resemble a palm tree.
(Ord. 2097 § 3, 2013)
"Monopine" means a monopole camouflaged to resemble a pine tree.
(Ord. 2097 § 3, 2013)
"Monopole" means a freestanding structure composed of a single
spire or pole without guy wires and ground anchors and used primarily
to support a wireless telecommunications facility.
(Ord. 2097 § 3, 2013)
"Monorock" means a wireless telecommunications facility camouflaged
to resemble one or a grouping of rocks.
(Ord. 2097 § 3, 2013)
"Monoshrub" means a wireless telecommunications facility camouflaged
to resemble one or a grouping of shrubs or bushes.
(Ord. 2097 § 3, 2013)
"Motel" means one or more buildings containing guest rooms with
one or more guest rooms or units, each having a separate entrance
leading directly from the outside of the building or from an inner
court, which facilities are designed, accompanied, used or intended
to be used, rented, or hired out for temporary or overnight accommodations
for guests, and are offered primarily to automobile tourists or transients
by signs or other advertising media. One unit, for use by a manager
may have kitchen facilities. Motel includes auto courts, motor lodges
and tourist courts.
The owner and/or operator of each motel shall maintain a written
record which indicates the date and time each and every customer checks
into and out of the motel. The owner and/or operator shall allow authorized
representatives of the City to inspect such record during reasonable
business hours for the purpose of determining compliance with the
provisions of this chapter.
(Ord. 2097 § 3, 2013)
"Motor vehicle" means a machine capable of self-propulsion,
with or without human guidance, whether for the performance of work
or as a mode of transportation.
(Ord. 2097 § 3, 2013)
"Mulch" means shredded or chipped wood from tree branches and
trunks from uncontaminated wood products or lumber; this material
is often mixed with leaves and grass clippings for optimal effect.
(Ord. 2097 § 3, 2013)
"Multi-phase development" means a development project that is
constructed in increments, each increment capable of existing independently
of the other.
(Ord. 2097 § 3, 2013)
"Multi-tenant" means any building occupied by more than one
business.
(Ord. 2097 § 3, 2013)
"Nonconforming building or structure" means a building or structure,
or portion thereof, which was lawfully altered or constructed in accordance
with the zoning regulations of the City in effect as of the time of
construction or alteration, but which does not conform to the regulations
contained in this title.
(Ord. 2097 § 3, 2013)
"Nonconforming land" means a parcel the size, dimensions or
use of which was lawful prior to the adoption, revision or amendment
to the Zoning Code, but which fails by reason of such adoption, revision
or amendment, to conform to the present requirements of the Zoning
Code.
(Ord. 2097 § 3, 2013)
"Nonconforming use" means the utilization of any lot, structure,
building or improvement lawfully established and in use prior to the
time this title becomes effective, or having had a nonconforming status
under prior zoning regulations, but which utilization, due to the
application of this title thereto, or any amendment hereto, does not
comply with all of the regulations currently applicable to the zone
in which the use is located.
(Ord. 2097 § 3, 2013)
"Non-profit organization" means an association, organization
or persons that hold a valid nonprofit organization status document
from the State, who are so associated for a charitable, religious,
educational, cultural, civic or political purpose.
(Ord. 2097 § 3, 2013)
"Notice" means whenever written notice is required to be given
hereunder, the same shall be given by personal service thereof upon
the person, or persons, to be notified, or by the United States mail,
postage prepaid, addressed to such person, or persons, at his or her
last known address as shown upon the latest available assessment roll
of the County; such notice shall be conclusively deemed to have been
given upon the same being deposited in the course of postal transmission.
(Ord. 2097 § 3, 2013)
"Notice of appeal" means a written statement, filed on a prescribed
form, appealing an action or decision of the Planning Commission or
City Planner.
(Ord. 2097 § 3, 2013)
"Written notice" means a written statement deposited by United
States mail, postage prepaid, addressed to the last known address
of the designated addressee.
(Ord. 2097 § 3, 2013)
"Retail nursery" means a retail and service business which specializes
in vegetation, plants, shrubs and trees and various items for garden
maintenance.
(Ord. 2097 § 3, 2013)
"Nursing and convalescent hospitals" means any place or institution
which provides bed accommodations for one or more chronic or convalescent
patients, who, by reason of illness or physical infirmity, are unable
to properly care for themselves. Alcoholics, drug addicts, persons
with mental or communicable diseases, including contagious tuberculosis,
shall not be admitted or cared for in nursing and convalescent hospitals.
(Ord. 2097 § 3, 2013)
"Oath" includes affirmation.
(Ord. 2097 § 3, 2013)
"Off-sale alcoholic beverage establishment" means any establishment
which has obtained an Alcoholic Beverage Control (ABC) license to
sell alcoholic beverages in an unopened container for consumption
off the premises. Typical off-sale uses include, but are not limited
to, the following establishments: food markets, supermarkets, drugstores,
liquor stores and convenience markets.
(Ord. 2097 § 3, 2013)
"Office" means a commercial use where a building, room or series
of rooms is used to conduct business and where usually no more than
three persons are served at one time in an individual room.
(Ord. 2097 § 3, 2013)
"Administrative office" means office-type facilities characterized
by high employee densities, and occupied by businesses engaged in
information processing, and other computer-dependent or telecommunications-based
activities. Examples of these uses include: airline, lodging chain,
rental car company reservation centers (but not including retail travel
agencies), computer software and hardware design and development,
consumer credit reporting data processing services, health management
organization (HMO) offices where no medical services are provided,
insurance claim processing, mail order and electronic commerce transaction
processing, telecommunications facility design and management, and
telemarketing. These do not include medical offices.
(Ord. 2097 § 3, 2013)
"Headquarters office" means an office which serves as the regional,
national or international office of the business. The office must
serve as the focal point for the business's operation for a sizeable
geographic area.
(Ord. 2097 § 3, 2013)
"Medical office" means a building, site or tenant space designated
specifically for use by health care professionals for human outpatient
services including, but not limited to, medical doctors, dentists,
and medical clinics. Diagnosis (such as X-ray and laboratory) or surgical
facilities may be provided on site, but overnight care may not be
provided.
(Ord. 2097 § 3, 2013)
"Office of Permit Assistance (OPA)" means the State of California
Office of Permit Assistance.
(Ord. 2097 § 3, 2013)
"Office of Planning and Research (OPR)" means the State of California
Office of Planning and Research.
(Ord. 2097 § 3, 2013)
"Professional office" means office-type facilities occupied
by businesses that provide professional services, or are engaged in
the production of intellectual property. Examples of these uses include:
accounting, auditing and bookkeeping services, advertising agencies,
attorneys, business associations, chambers of commerce, commercial
art and design services, construction contractors (office facilities
only), counseling services, court reporting services, detective agencies
and similar services, design services including architecture, engineering,
landscape architecture, urban planning, educational, scientific and
research organizations, financial management and investment counseling,
literary and talent agencies, management and public relations services,
media post-production services, news services, political campaign
headquarters, psychologists, secretarial, stenographic, word processing,
and temporary clerical employee services, security and commodity brokers,
writers and artists offices. These do not include medical offices.
(Ord. 2097 § 3, 2013)
"Service office" means establishments providing direct services
to consumers. Examples of these uses include employment agencies,
insurance agent offices, real estate offices, travel agencies, utility
company offices, elected official satellite offices, etc. These uses
do not include banks, financial services, financial institutions (retail),
financial institution/corporate offices, and medical uses, which are
separately defined. These do not include medical offices.
(Ord. 2097 § 3, 2013)
"On-sale alcoholic beverage establishment" means any establishment
wherein alcoholic beverages are sold, served or given away for consumption
on the premises, including, but not limited to, any facility which
has obtained an Alcoholic Beverage Control (ABC) license for consumption
on the premises. Typical on-sale uses include, but are not limited
to, the following establishments: restaurants, ballrooms, dance bars,
piano bars, billiard and/or game parlors, nightclubs or other private
clubs, and veterans clubs.
(Ord. 2097 § 3, 2013)
"On-sale alcoholic beverage establishment—Wine tasting"
means any establishment wherein alcoholic beverage samples are given
away for consumption on the premises and in conjunction with instruction
on the wine being sampled.
(Ord. 2097 § 3, 2013)
"Common open space" means useable open space which is for the
use of the residents of three or more dwelling units.
(Ord. 2097 § 3, 2013)
"Private open space" means outdoor space which is intended for
the exclusive use of the residents of a dwelling unit which adjoins
it and has access to it and is enclosed by a fence or wall or view-obscuring
hedge at least four feet six inches in height.
(Ord. 2097 § 3, 2013)
"Useable open space" means the following:
(A)
Outdoor space opened to the sky.
(B)
Not more than 10% in grade on the building site of a lot and/or within
the rear yard, interior side yard of the building.
(C)
Maintained for landscaping, community gardens, swimming pools, recreation
rooms, and other inside and outside living or recreational uses, excepting
wherefrom areas used for off-street parking, driveways, service areas,
or unusable slopes front setbacks and any portion of the required
square footage for private space.
(D)
Specifically designed and constructed to be occupied by and used
by residents of the dwelling units on the lot.
(Ord. 2097 § 3, 2013)
"Outdoor dining/seating" means the outdoor area where tables,
chairs and aisles are located within a designated, fenced or otherwise
enclosed, area immediately adjacent to a restaurant or fast-food restaurant
where food and beverages are served.
(Ord. 2097 § 3, 2013)
"Outdoor structure/facilities" means awnings or canopies made
of wood, metal or similar materials; furniture; tents; shade umbrellas;
and similar types of structures, including, without limitation, lighting
and heating improvements that can be fixed to the ground in specified
locations, as determined by the Community Development Director, or
designee.
(Ord. 2228 § 3, 2023)
"Overlay Zone/District" means a set of zoning requirements that
is described in the text of the Zoning Code, is mapped and is imposed
in addition to those requirements of the underlying district.
(Ord. 2097 § 3, 2013)
"Owner" means the person bearing legal title to real property.
The owner shall be responsible or complying with the provisions of
this chapter either directly or by delegating such responsibility
as appropriate to a tenant and/or his/her agent.
(Ord. 2097 § 3, 2013)
"Parapet" means the vertical extension of external walls of
a building that rise above the roof level.
(Ord. 2097 § 3, 2013)
"Parcel" means an area of land, the boundaries of which have
been legally established in conformance with the Subdivision Map Act.
(Ord. 2097 § 3, 2013)
"Tentative parcel map" means a map made for the purpose of showing
the design and improvement of a proposed subdivision which need not
be based upon an accurate or detailed final survey of the property.
(Ord. 2097 § 3, 2013)
"Vesting parcel map" means a map which meets the requirements
of Government Code Section 66452 and confers a vested right to develop.
(Ord. 2097 § 3, 2013)
"Parking" means the stopping or stationary location of a vehicle.
(Ord. 2097 § 3, 2013)
"Private parking area" means an area, other than a street, designed
or used primarily for the parking of private vehicles and not open
to general public use.
(Ord. 2097 § 3, 2013)
"Public parking area" means an area used for the parking of
vehicles and available for general public use, either free or for
remuneration.
(Ord. 2097 § 3, 2013)
"Off-street parking space" means a readily accessible area on
a lot, not including driveways, ramps, loading or work areas, delineated
and maintained exclusively for the parking of one automobile.
(Ord. 2097 § 3, 2013)
"Tandem parking space" means a parking space located so that
it abuts a second parking space, such that vehicular access to that
second space can only be made through the abutting (tandem) space.
(Ord. 2097 § 3, 2013)
"Parking structure" means a structure used for the parking of
vehicles where parking is accommodated on two or more levels.
(Ord. 2097 § 3, 2013)
"Parkway" means the area of a public street that lies between
the curb and the adjacent property line or physical boundary definition
such as fences or walls, which is used for landscaping and/or passive
recreational purposes. The publicly owned area located between the
curb and the right-of-way line of any public street.
(Ord. 2097 § 3, 2013)
"Enclosed patio" means a one-story nonhabitable structure, enclosed
on all exposed sides, that is attached to a building on at least one
side.
(Ord. 2097 § 3, 2013)
"Pedestrian realm" means a 12 through 15 foot wide area located
between the face of the curb of a major arterial street and the face
of the building and a 10 foot wide area between the face of the curb
of transitioning minor arterial streets and the building within the
pedestrian linkage plan area. The pedestrian realm includes any parkway,
sidewalk, and landscaped areas. The pedestrian realm may include both
public and private property where the public right-of-way is not 12
through 15 feet wide.
(Ord. 2097 § 3, 2013)
"Permitted healthcare resident" means a person hired to provide
live-in, long-term, or terminal healthcare to a senior citizen or
a qualified permanent resident. The care provided by a permitted healthcare
resident must be substantial in nature and must provide either assistance
with necessary daily activities or medical treatment or both.
(Ord. 2097 § 3, 2013)
"Permitted use" means any use allowed in a zoning district by
right and subject to the restrictions applicable to that zoning district.
(Ord. 2097 § 3, 2013)
"Person" means any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, business trust, receiver, syndicate, district, political subdivision,
public utility, or any other group or combination acting as a unit,
except the City.
(Ord. 2097 § 3, 2013)
"City Planner" means the Community Development Director of the
City or designee acting on behalf thereof.
(Ord. 2097 § 3, 2013)
"Planning Commission" means the same as commission.
(Ord. 2097 § 3, 2013)
"Plot plan" means a diagram of a lot, as seen from above, showing
the outline of all structures on the lot and indicating the distance
of the structures from the borders of the lot.
(Ord. 2097 § 3, 2013)
"Plural" means when consistent with the context, words in the
plural include the singular.
(Ord. 2097 § 3, 2013)
"Podium level" means any structural deck over a parking area.
(Ord. 2097 § 3, 2013)
"Police Department" means the law enforcement agency of the
City.
(Ord. 2097 § 3, 2013)
"Portable canopy" means a prefabricated structure consisting
of a supporting frame in which a solid durable material is attached
for the purpose of providing protection from natural elements.
(Ord. 2097 § 3, 2013)
"Precise plan" means a specific development schematic or plan
for all or a portion of a parcel of land.
(Ord. 2097 § 3, 2013)
"Preferred location" means, with regard to siting of wireless
telecommunications facilities, any of the following:
(A)
Existing structures in public rights-of-way in nonresidential zones
and not adjacent to residential zones, including, without limitation,
utility towers, utility poles, traffic signals, street lights, and
roadway overpasses when the size and scale achieve compatibility with
the community;
(B)
Commercial buildings;
(C)
City or other government or public facilities (e.g., road stations,
freeway park and ride lots), excluding elementary and middle schools
and public parks; and
(D)
Co-location in nonresidential zones up to a maximum of three co-located
carriers on a single antenna support.
(Ord. 2097 § 3, 2013)
"Preferential parking" means parking spaces designated or assigned,
through use of a sign or painted space marking for carpool and vanpool
vehicles carrying commute passengers on a regular basis that are provided
in a location more convenient to a place of employment than parking
spaces provided for single-occupant vehicles.
(Ord. 2097 § 3, 2013)
"Processing" means, when used in reference to a commercial or
industrial use, one or more acts or operations which have the effect
of changing the form of a product or material, so as to render the
same more saleable or usable.
(Ord. 2097 § 3, 2013)
"Promotional event" means any event or activity, such as an
antique, art, fashion or sport show, which is intended to attract
business to a location, but which event or activity does not involve
the sale of merchandise outside of a building. Such event may also
include incidental sales of goods by individual exhibitors who do
not use the premises as a permanent place of business.
(Ord. 2097 § 3, 2013)
"Promotional sale" means a sale, conducted outside of a building,
of goods and services, by a person holding a valid City business license.
(Ord. 2097 § 3, 2013)
"Psychiatric hospital" means an institution intended primarily
for the admission, diagnosis and intensive short-term treatment of
patients with mental illness or behavior or emotional disorders.
(Ord. 2097 § 3, 2013)
"Public park" means a park, playground, swimming pool, golf
course or athletic field within the city which is under the control,
operation or management of the City, the County, the State or other
public agency.
(Ord. 2097 § 3, 2013)
"Public storage (mini-storage)" means a structure or group of
structures containing generally small, individual, compartmentalized
stalls or lockers leased or rented to the public as individual storage
spaces for personal and/or other property. The goods and materials
stored are not intended for redistribution, resale or other commercial
activity. No other activity other than the storage described above
except incidental sales and rentals is intended for a public storage
facility.
(Ord. 2097 § 3, 2013)
"Public utility service yard" means any building or premises
used for the office, warehouse, storage yard or maintenance garage
of a public utility, including microwave repeater stations when incorporated
as a part of the service yard use.
(Ord. 2097 § 3, 2013)
"Public utility structure" means any substation, equipment housing
building, or similar structure used or operated by a public utility.
(Ord. 2097 § 3, 2013)
"Qualified permanent resident" means a person who is residing
with a senior citizen and who is 45 years of age or older, or is a
spouse, cohabitant or person providing primary physical or economic
support to the senior citizen, or a disabled person who is a child
or grandchild of the senior citizen.
(Ord. 2097 § 3, 2013)
"Quarry" means any place on a lot where dirt, soil, sand, gravel,
rock or other similar material is removed by excavation or otherwise.
Quarry shall not include:
(A)
The excavation and removal of materials from a lot preparatory to
construction of a building for which a building permit has been issued
and remains in full force and effect, provided that such excavation
is confined to that necessary for such building construction, but
in no event shall more than 5,000 cubic yards of soil or other excavated
materials be removed from the premises; and
(B)
Excavation on a lot necessary to permit the lawful construction of
a building or structure or other lawful use on a lot.
(Ord. 2097 § 3, 2013)
"Radio frequency" means electromagnetic waves in the portion
of the spectrum from 300 kHz (kilohertz) to 300 GHz (gigahertz).
(Ord. 2097 § 3, 2013)
"Reasonable accommodation" means any request by, or on behalf
of, a disabled person for a reasonable deviation from the City's strict
application of its land use or building regulations as set forth in
this code, or as adopted by reference in this code, in order for such
disabled person to use and enjoy a dwelling.
(Ord. 2097 § 3, 2013)
"Record" means the recordation by the County Recorder of the
County.
(Ord. 2097 § 3, 2013)
"Recreational vehicle" means a vehicular unit not exceeding
40 feet in body length, or 10 feet in width, primarily designed as
a temporary living quarters for recreational, camping or travel use;
it either has its own motive power or is designed to be mounted on
or drawn by an automotive vehicle. Length shall be measured from bumper
to bumper on self-propelled vehicles and from bumper to tongue on
towed vehicles. Recreational vehicle includes motor home, truck camper,
travel trailer and camping trailer. A vehicle meeting the above definition
except for size is not deemed incidental to a dwelling unit.
(Ord. 2097 § 3, 2013)
"Recycling center" means a center for the collection and/or
processing of recyclable materials. A certified recycling facility
or certified processor means a recycling facility certified by the
California Department of Conservation as meeting the requirements
of the California Beverage Container Recycling and Litter Reduction
Act of 1986. The recycling facility does not include storage container
or processing activities located on the premises of a residential,
commercial or manufacturing use and used solely for the recycling
of material generated by that residential property, business or manufacturer.
(Ord. 2097 § 3, 2013)
"Refuse collection service yard" means any premises or building
used for office, warehouse, storage or maintenance garage for trash
collection services only.
(Ord. 2097 § 3, 2013)
"Rehabilitation facility" means a 24 hour facility licensed
by the State, specifically for the social rehabilitation of persons
through training, therapy or guidance to enable them to reenter society
as a productive individual, and where such persons reside at the facility
for not more than one year and receive direct supervision from persons,
some, or all, of whom reside at the facility.
(Ord. 2097 § 3, 2013)
"Religious institution" means a building, or portion of a building,
used for large scale public or private gatherings of people primarily
for religious worship and related religious activities. Religious
institution is subject to the requirements for "assembly hall."
(Ord. 2097 § 3, 2013)
"Repair" means the work necessary to restore a vehicle to a
usable condition.
(Ord. 2097 § 3, 2013)
"Research and development" means uses engaged in the research,
analysis, development and/or testing of a product.
(Ord. 2097 § 3, 2013)
"Residential care facility" means a residential facility as
that term is defined in Health and Safety Code Section 1502.
(Ord. 2097 § 3, 2013; Ord. 2118 § 7, 2015)
"Restaurant" means an eating establishment which is regularly
used and kept open for the serving of meals to guests for compensation
and which has suitable kitchen facilities connected therewith, containing
conveniences for cooking an assortment of foods which may be required
for meals. As used in this definition, "meals" means the usual assortment
of food commonly ordered at various hours of the day. The serving
of only such foods as sandwiches or salads shall not be deemed in
compliance with this requirement. As used in this definition, the
word "guests" means persons who during the hours when meals are served,
come to a restaurant for the purposed of obtaining, in good faith,
a meal.
(Ord. 2097 § 3, 2013)
"Fast food restaurant" means an establishment whose principal
business is the sale of prepared, "take-out" or rapidly pre-prepared
food served in disposable packaging directly to the customer, for
consumption either within the restaurant or off the premises.
(Ord. 2097 § 3, 2013)
"Restoration" means the process by which an excavated right-of-way
and surrounding area, including, but not limited to, pavement and
foundation structures, ground cover, landscaping, and monuments are
returned to acceptable conditions given the applicable guidelines
and standards.
(Ord. 2097 § 3, 2013)
"Resurface" means the grinding of a portion of the upper layers
of existing asphalt pavement and overlay with new asphalt. The term
"resurface" does not include a slurry overlay.
(Ord. 2097 § 3, 2013)
"Retail eating establishment" means a retail sale commercial
business that prepares and sells quickly-prepared foods and/or beverages
which are consumed on-site and/or off-site, with gross floor area
of less than 1,500 square feet and with dining area less than 50%
of gross floor area.
(Ord. 2097 § 3, 2013)
"General retail uses" means commercial uses where commodities,
goods and articles are sold for consumption or use directly by the
public.
(Ord. 2097 § 3, 2013)
"Reverse vending machine (RVM)" means six or fewer automated
mechanical devices which accept one or more types of empty beverage
containers and issue a cash refund or another type of redemption bonus.
A reverse vending machine may sort and process containers mechanically
provided that the entire process is enclosed within the machine. See
also "small collection facility."
(Ord. 2097 § 3, 2013)
"Right-of-way" means a corridor, either public or private, on
which a right of passage has been recorded.
(Ord. 2097 § 3, 2013)
"Roof" means the external upper covering of any building or
structure.
(Ord. 2097 § 3, 2013)
"Roof-mounted antenna" means an antenna with its support structure
placed directly on the roof of any building or structure.
(Ord. 2097 § 3, 2013)
"School" means an institution of learning for minors, whether
public or private, which offers instruction in those courses of study
required by the California Education Code or which is maintained pursuant
to standards set by the State Board of Education. This definition
includes a child day care facility, kindergarten, elementary school,
junior high school, senior high school or any special institution
of education, but it does not include a vocational or professional
institution of higher education, including a community or junior college,
college or university.
(Ord. 2097 § 3, 2013)
"Commercial school" means a business establishment where instruction
is given, in exchange for payment of a fee. Examples of subjects taught
include, but are not limited to, dance, computer skills, music, and
martial arts.
(Ord. 2097 § 3, 2013)
"Private school" means any building or group of buildings the
use of which meets State requirements for primary, secondary or higher
education and which does not secure the majority of its funding from
any governmental agency.
(Ord. 2097 § 3, 2013)
"Public school" means any building or group of buildings the
use of which meets the State requirements for primary, secondary or
higher education and which secures the majority of its funding from
a government agency.
(Ord. 2097 § 3, 2013)
"Vocational school" means any building or group of buildings
the use of which is to train students for special trades, such as
printing, mechanics, cooking, etc.
(Ord. 2097 § 3, 2013)
"Screening" is a method of visually shielding or obscuring one
abutting or nearby structure or use from another by fencing, walls,
berms or densely planted vegetation.
(Ord. 2097 § 3, 2013)
"Secretary" means the Secretary of the Planning Commission,
who is the City Planner.
(Ord. 2097 § 3, 2013)
"Senior or senior citizen" means a person 62 years of age or
older or 55 years or older in a senior citizen housing development
or a qualified permanent resident.
(Ord. 2097 § 3, 2013)
"Senior citizen housing development" means a residential development
developed, substantially rehabilitated, or substantially renovated
for, senior citizens that have at least 35 dwelling units. Any senior
citizen housing development which is required to obtain a public report
under Business and Professions Code Section 11010 and which submits
its application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing development
under Business and Professions Code Section 11010.05. All qualifying
senior citizen housing developments must have significant facilities
and services for seniors.
(Ord. 2097 § 3, 2013)
"Service network" means a wireless telecommunications transmission
system operated by a service provider in a community or jurisdiction.
(Ord. 2097 § 3, 2013)
"Service station" means a place of business where motor vehicle
fuel is sold and delivered into the fuel tanks of motor vehicles.
(Ord. 2097 § 3, 2013)
"Service uses" are commercial uses where the general public
exchanges payment for work done or performed. Beauty and barber shops;
travel, real estate, employment and insurance agents; studios and
schools shall be considered service industries.
(Ord. 2097 § 3, 2013)
"Setback" means the distance from a defined point or line governing
the placement of buildings, structures, parking, or uses on a lot.
(Ord. 2097 § 3, 2013)
"Shared parking" means a situation where the same parking spaces
can be utilized by two or more different uses and/or businesses due
to the differing peak hours of operation of the uses involved.
(Ord. 2097 § 3, 2013)
"Shopping center" is a group of commercial establishments planned,
constructed and managed as a total entity with customer and employee
parking provided on-site, provision for goods delivery separated from
customer access, aesthetic considerations and protection from the
elements.
(Ord. 2097 § 3, 2013)
"Sidewalk" means a paved surface or leveled area paralleling
and usually separated from the street used as a pedestrian walkway.
(Ord. 2097 § 3, 2013)
"Sign" means any device for visual communication, other than
billboard outdoor advertising structure.
(A)
"Abandoned sign" means any sign that no longer advertises a business,
tenant, owner, product, service, or activity on the site where the
sign is displayed.
(B)
"Accessory sign" means a permanently mounted sign that is designed
to facilitate the announcement of credit cards, hours of business,
or other incidental matters, and which does not announce or advertise
the products, goods, or services directly related to the business
conducted on the premises.
(C)
"Aerial sign" means any sign attached to, painted upon, or suspended
from any balloon, kite, or similar object, or that simply consists
of such object, secured in any manner to any building, structure or
property within the City.
(D)
"Animated sign" means a sign with action or motion, flashing, or
color changes requiring electrical energy, but not including wind-actuated
elements such as flags, banners, or specialty items, and public service
signs such as time and temperature units.
(E)
"Awning sign" means any sign painted or otherwise affixed permanently
to the exterior surface of an awning.
(F)
"Banner" means strip of cloth, thin plastic, or other flexible material
on which a sign is painted, printed, or otherwise displayed.
(G)
"Billboard or outdoor advertising structure" means a sign which has
space upon which advertising may be placed, posted, painted, or affixed,
and which is primarily designed for the rental space or lease of such
sign space for advertising not relating to the use of the property
upon which the sign exists. Billboard or outdoor advertising structure
shall also include electronic message boards.
(H)
"Campaign sign" means a temporary freestanding sign erected for candidates
or issues in an upcoming election.
(I)
"Canister sign" means a sign with advertising copy within a rigid
frame, whether illuminated or not.
(J)
"Canopy" means a permanent roofed structure that provides shelter
and that projects from a building wall or is supported by columns,
such as false mansards, projecting façade facings, service
station pump island shelters, and other architectural features which
project from a building wall above a height of eight feet.
(K)
"Canopy sign" means a sign attached to or constructed in a canopy.
Those signs suspended beneath the canopy and perpendicular to the
building façade are projecting signs.
(L)
"Commercial copy or commercial message" means a message displayed
on a sign which pertains primarily to the name, location, products,
or services of a for-profit business or profession.
(M)
"Construction project sign" means a temporary sign stating the names
of individuals or firms directly connected with the work on a building
or facility under construction or alteration or a temporary sign announcing
the future use of the property on which the sign is located.
(N)
"Directional sign" means an on-site incidental signs designed to
guide or direct pedestrian or vehicular traffic and which contain
no commercial copy or message.
(O)
"Directory sign" means a freestanding or wall sign which carries
the name of several businesses located in one building or shopping
center.
(P)
"Electronic message board" means a sign face, building face, and/or
any building or structural component that displays still images, scrolling
images, moving images, or flashing images, including video and animation,
through the use of grid lights, cathode ray projections, light emitting
diode displays, plasma screens, liquid crystal displays, fiber optics,
or other electronic media or technology that is either independent
of or attached to, integrated into, or projected onto a building or
structural component, and that may be changed remotely through electronic
means.
(Q)
"Exempt sign" means an allowable sign not requiring a permit under
this title.
(R)
"Flag" means a piece of fabric, thin plastic, or other piece of flexible
material, usually rectangular in shape, with a distinctive design
used as a symbol or signaling device and usually displayed hanging
free from a staff or pole to which it is attached by one side. Flags
include, without limitation, pennants and streamers.
(S)
"Freestanding sign" means a sign not attached to a building but is
instead supported from the ground by one or more poles or posts and
with or without braces and is permanently mounted in a fixed location.
(T)
"Freeway" means a highway in respect to which the owners of abutting
lands have no right or easement of access to or from their abutting
lands or in respect to which such owners have only limited right or
easement of access, and which is declared to be such in compliance
with the Streets and Highways Code.
(U)
"Front surface of building" means the lineal frontage of the building
as measured parallel to the street lot line times the height of the
wall along the lot line, including any parapet wall.
(V)
"Highrise building identification sign" means a sign placed upon
any wall or parapet of a structure which is three or more stories
in height and contains the name or symbol of the building or principal
tenant(s) of the building.
(W)
"Illuminated sign" means a sign designed to emit or reflect artificial
light, or a sign that uses a source of light to make characters or
a message more readable.
(X)
"Lighted sign" means a sign which has a source of light located such
that the beam of the light falls upon the surface of the sign.
(Y)
"Main building" means a building which is used for the principal
use of the parcel upon which it is located or where a business' principal
activity occurs. More than one main building may be located on a parcel.
(Z)
"Major retail tenant" means any retail tenant who occupies at least
10,000 square feet of gross floor area.
(AA)
"Master sign plan" means plans and specifications establishing the
design, materials, and placement of signs within a subdivision. Master
sign plans are intended to help promote signs of superior quality
and creativity in a particular area within the City. Master sign plans
do not include temporary banners.
(BB)
"Mobile sign" means any sign mounted, attached, affixed, or painted
upon any surface of a motor vehicle, trailer or similar conveyance,
and is for the primary purpose of advertising.
(CC)
"Monument sign" means a freestanding sign with a solid base, where
the bottom of the sign is in contact with or close to the ground.
(DD)
"Moving sign" means any sign that has any visible moving parts, visible
revolving parts, or visible mechanical movement. The definition includes
signs that emit smoke, steam or vapors and signs that create an illusion
of motion.
(EE)
"Mural" means a large painting or abstract use of color, painted
on or affixed to a fence, wall, or building.
(FF)
"Noncommercial sign" means a message that pertains primarily to matters
other than commercial products, services or activities.
(GG)
"Nonconforming sign" means a sign that was legally erected before
a change in applicable law and fails to conform to applicable law
because of such change. A nonconforming sign may fail to conform to
current laws because of its type, size, location, display of motion,
type of lighting, or other factor addressed in applicable law.
(HH)
"Offsite sign" means a sign that identifies, advertises, or directs
attention to businesses, buildings, occupancies, accommodations, goods,
services, or activities supplied or originated outside of the specific
establishment, property, or business or industrial complex where the
sign is displayed. The onsite/offsite distinction applies only to
commercial copy.
(II)
"Permittee" means a person or entity to which the City issues a permit
pursuant to this title.
(JJ)
"Portable sign" means a sign that by the nature of its construction
or mounting is easily moved. A portable sign includes, without limitation,
signs mounted on wheels, watercraft, and aircraft; signs that are
leaned against another structure; signs held in place by gravity that
are easily dislodged; signs easily detached from mounting devices;
and signs that are held or mounted upon humans or animals.
(KK)
"Projecting sign" means a sign, the sign surface of which is not
parallel to the face of the supporting wall and which is supported
wholly by such wall. This definition shall include "V" or "wing-type"
signs.
(LL)
"Real estate sign" means a temporary sign indicating that the premises
on which the sign is located is for sale, lease or rent.
(MM)
"Roof sign" means any sign erected and constructed wholly on and
over the roof of a building, supported by the roof structure, and
extending vertically above the highest portion of the roof.
(NN)
"Sign" means any structure, device, or material, temporary or permanent,
fixed or portable, moving or stationary, whether located inside or
outside a building, that is visible from any property where the primary
purpose of the sign is to convey visual communication. "Sign" does
not include the following:
(1)
Interior signs that are located entirely within an enclosed structure
and not visible from the exterior;
(2)
Building features that are only decorative or architectural and do
not include lettering, trademarks, or moving parts;
(3)
Symbols of noncommercial organizations or concepts including, without
limitation, religious or political symbols when they are permanently
integrated into the structure of a building;
(4)
Items or devices of personal apparel, decoration or appearance including,
without limitation, tattoos or makeup;
(5)
Marks on tangible products that identify the maker, seller, provider
or product, and that customarily remain attached to the product even
after completion of a sale;
(6)
Traffic, directional, emergency, warning or informational signs required
or authorized by a government agency having jurisdiction;
(7)
Public utility signs;
(8)
Advertisements or banners mounted on duly licensed mass transit vehicles
including, without limitation, buses and trains, that legally pass
through the city;
(9)
Grave stones or grave markers;
(10)
Insignia located on legal vehicles and water craft including, without
limitation, license plates, registration insignia, noncommercial messages,
messages relating to the business for which the vehicle is an instrument
or tool, and messages relating to the proposed sale, lease or exchange
of vehicles or watercraft;
(11)
Foundation stones and corner stones if cut into any masonry surface
or inlaid to be part of a building when constructed of bronze or other
incombustible material; and
(12)
Newsracks and newsstands.
(OO)
"Sign area" means the face or display area of a sign, including its
border only when the border carries or displays part of the messages
or copy. A double-faced sign whose faces are parallel or nearly parallel
shall be deemed to be a single sign for the purposes of determining
sign area.
(PP)
"Temporary sign" means any portable sign, banner, pennant, valance,
or advertising display constructed of cloth, canvas, light fabric,
paper, cardboard, wallboard, or other light materials with or without
frames mounted in a nonpermanent manner.
(QQ)
"Under-canopy sign" means any sign suspended below a canopy or roof
overhang perpendicular to the nearest elevation.
(RR)
"Wall sign" means any sign affixed, attached to, or mounted upon
any building wall.
(SS)
"Window sign" means a sign fastened to or painted on the wall of
a building or structure with the exposed face of the sign in a plane
parallel to the plane of said wall. Such a sign does not project more
than 12 inches from the building or structure wall, and any portion
thereof above the building's roof peak, parapet, or façade
does not exceed 30% of the height of the sign.
(Ord. 2097 § 3, 2013; Ord. 2148 § 2, 2018)
"Single-family residence" means an attached or detached building
not to contain more than one kitchen where the occupants of the dwelling
unit live and function together as a household.
(Ord. 2097 § 3, 2013; Ord. 2118 § 8, 2015)
"Single room occupancy" means a residence, building, or accessory building other than a motel, hotel, or extended lodging facility, wherein three or more rooms, with or without individual or group cooking facilities are rented to individuals on a non-permanent basis, under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental agent is in residence or building. SRO is subject to the additional limitations specified in Section 21.10.040.
(Ord. 2097 § 3, 2013)
"Singular" means when consistent with the context, words in
the singular number shall include the plural.
(Ord. 2097 § 3, 2013)
"Site" means any plot or parcel of land or combination of contiguous
lots or parcels of land.
(Ord. 2097 § 3, 2013)
"Site plan" means a plan drawn to scale showing uses and structures
proposed for a parcel of land as required by the applicable regulations
including lot lines, streets, building sites, reserved open space
and other specific development proposals.
(Ord. 2097 § 3, 2013)
"Slope" means the degree of deviation of a surface from the
horizontal, usually expressed by a ratio, percent or degrees.
(Ord. 2097 § 3, 2013)
"Sober living facility" means a group home for persons who are
recovering from drug and/or alcohol addiction and who are considered
handicapped under State or Federal law. Sober living homes do not
include the following: (1) licensed community care facilities; (2)
any sober living facility that operates as a household; or (3) any
facility that provides the services set forth in 9 California Code
of Regulations Section 10501(a)(6). All occupants, other than the
house manager, must actively participate in recognized recovery programs
including, without limitation, Alcoholics Anonymous or Narcotics Anonymous,
and the sober living facility must maintain current records of meeting
attendance. The sober living facility's rules and regulations must
provide that refusal to actively participate in such a program is
cause for eviction and prohibit the use of any alcohol or any non-prescription
drugs at the sober living home. These rules and regulations must be
posted on-site in a common area inside the dwelling unit.
(Ord. 2118 § 9, 2015)
"Solar collector" means a fixed device or structure, or part
of a device or structure, which is used primarily to transform solar
energy into thermal, chemical or electrical energy.
(Ord. 2097 § 3, 2013)
"Solar energy system" means a complete design or assembly consisting
of a solar energy collector, energy storage facility, or other solar
energy device, and associated components, whose primary purpose is
to provide for the collection, storage, and distribution of solar
energy for space heating, space cooling, electric generation, or water
heating. Based on this statutory definition, solar energy systems
include, but are not limited to:
(A)
Photovoltaics (solar electric);
(B)
Solar water heating for use in buildings;
(C)
Solar water heating for space heating or cooling;
(D)
Solar pool heating.
(Ord. 2097 § 3, 2013)
"Solid fence" means a wood or masonry fence with no openings.
(Ord. 2097 § 3, 2013)
"Solid (inert) fill" means any noncombustible materials, insoluble
in water, such as soil, rock, sand or gravel, that can be used for
grading land or filling depressions.
(Ord. 2097 § 3, 2013)
"Solid fill project" means any operation on a parcel of land
where more than one thousand cubic yards of solid fill materials are
deposited for the purpose of grading or reclaiming of land.
(Ord. 2097 § 3, 2013)
"South Coast Air Quality Management District (SCAQMD)" is the
regional authority appointed by the State legislature to meet federal
standards and otherwise improve air quality in the South Coast Air
Basin (which includes the City).
(Ord. 2097 § 3, 2013)
"Special parking study" means an evaluation whose need and content
is determined by the City Engineer because of special circumstances
that could result from the intended land use, resulting in a higher
or lower parking rate than otherwise required by this code due to
special operating characteristics. Such study shall require an application
and be accompanied by a filing and processing fee in the amount set
by resolution of the council.
(Ord. 2097 § 3, 2013; Ord. 2190 § 6, 2020)
"Specific plan" means an adopted plan for a specified area or
neighborhood within the corporate limits of the city in accordance
with the State Planning and Zoning Law.
(Ord. 2097 § 3, 2013)
"State" means the State of California.
(Ord. 2097 § 3, 2013)
"Store" means to keep or locate for future use.
(Ord. 2097 § 3, 2013)
"Story" means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above. For the purposes of this title, story includes a basement
but not a cellar.
(Ord. 2097 § 3, 2013)
"Street" means a public or private way permanently reserved
as a primary means of vehicular access to adjoining property. Street
shall not include alley.
(Ord. 2097 § 3, 2013)
"Streetscape" means that portion of the net lot area and improvements
that is exposed to view from the street.
(Ord. 2097 § 3, 2013)
"Structure" means anything constructed or erected, which requires
a fixed location on the ground, or is attached to a building or other
structure having a fixed location on the ground.
(Ord. 2097 § 3, 2013)
"Subdivision" means the division by any person or partnership,
firm, corporation, of any unit or units of improved or unimproved
land, or any portion thereof, shown on the latest equalized County
assessment roll as a unit or as contiguous units, for the purpose
of sale, lease or financing, whether immediate or future except for
leases of agricultural land for agricultural purposes. Property shall
be considered as contiguous units, even if it is separated by roads,
streets, utility easement or railroad rights-of-way. "Subdivision"
includes a condominium project, a community apartment project, or
the conversion of five or more existing dwelling units to a stock
more existing dwelling units to a stock operative.
(Ord. 2097 § 3, 2013)
"Tract subdivision" means a subdivision which creates five or
more parcels to be developed as a whole by an owner or builder.
(Ord. 2097 § 3, 2013)
"Substantially enlarge" means the increase in floor area occupied
by the business by more than 10% of its floor area as it exists on
the effective date of this code.
(Ord. 2097 § 3, 2013)
"Supermarket" means a retail establishment, of at least 15,000
square feet, whose merchandise consists primarily of a variety of
groceries, meats, dairy products, produce, liquor and other food products.
Food service may occur as an accessory use, not occupying more than
10% of the entire square footage of the establishment. See "grocery
store."
(Ord. 2097 § 3, 2013)
"Supportive housing" means, pursuant to the California Health
and Safety Code, housing with no limit on length of stay, that is
occupied by the target population, as defined in Health and Safety
Code Section 50675.14(b), and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community.
Supportive services may include job training and counseling to individuals
and families who are transitioning to permanent housing. Small support
housing (so-called group homes) serving six or fewer people is considered
a standard for residential use and is permitted in all zones where
residential uses are permitted.
(Ord. 2097 § 3, 2013)
"Swap meet" means collective retail sales or exchange of merchandise by individual vendors occupying separate sales spaces that are not divided by permanent walls. These uses include both indoor and outdoor swap meets, conducted on either a permanent or recurring basis. See Chapter 21.32, Permit Procedures.
(Ord. 2097 § 3, 2013)
"Tattoo/tattooing" means to insert pigment, ink or dye under
the surface of the skin of a person by pricking with a needle or otherwise,
to permanently change the color or appearance of the skin or to produce
an indelible mark or figure visible through the skin. "Tattooing"
does not include application of permanent make-up that is performed
as an incidental service in a beauty shop, day spa, or other service
or retail establishment.
(Ord. 2097 § 3, 2013)
"Tattoo and body piercing studio" means any establishment where
tattooing or body piercing takes place.
(Ord. 2097 § 3, 2013)
"Telecommunications" means the transmission, between or among
points specified by the user, of information of the user's choosing,
without change in the form or content of the information as sent and
received.
(Ord. 2097 § 3, 2013)
"Telecommunications tower" means a freestanding mast, pole,
monopole, guyed tower, lattice tower, free standing tower or other
structure designed and primarily used to support wireless communication
facility antennas.
(Ord. 2097 § 3, 2013)
"Temporary antenna" means an antenna no larger than three cubic
feet and accessory wireless equipment that is a temporary (not more
than ninety [90] days) or mobile unit intended to provide coverage
on an interim basis until a permanent facility to provide coverage
for the same general area is operational, or in connection with a
special event of a temporary duration (not more than thirty [30] days).
The definition of "temporary antenna" does not include temporary emergency
use antennas.
(Ord. 2097 § 3, 2013)
"Temporary emergency use antenna" means a wireless telecommunications
facility approved by the City Planner on a temporary basis as necessary
during an emergency declared or determined under applicable law.
(Ord. 2097 § 3, 2013)
"Temporary event" means an activity:
(A)
Which involves the use of any real property, including buildings
and/or structures, located in the city; and
(B)
Which involves the assembly of 25 or more persons; and
(C)
Where there is a charge made for the use of the real property by
the owner or for the admission to the activity.
(Ord. 2097 § 3, 2013)
"Temporary structure" means a structure without any foundation
or footings which will be removed when the designated time period,
activity, or use for which the temporary structure was erected has
ceased.
(Ord. 2097 § 3, 2013)
"Temporary use" means a use established for a fixed period of
time with the intent to discontinue such use upon the expiration of
the time period.
(Ord. 2097 § 3, 2013)
"Tenant" means the lessee of facility space at an applicable
development project.
(Ord. 2097 § 3, 2013)
"Tenses" means when consistent with the context, words used
in the present tense include the past and future tenses, and words
in the future tense include the present tense.
(Ord. 2097 § 3, 2013)
"Terracing" means an erosion control method that uses small
hills and contours on the land surface to control flooding and runoff.
(Ord. 2097 § 3, 2013)
"Topography" means the configuration of a surface area showing
relative elevations.
(Ord. 2097 § 3, 2013)
"Tot lot" means an improved and equipped play area for small
children.
(Ord. 2097 § 3, 2013)
"Townhouse" means a dwelling unit with one or two common walls,
and which has direct exterior access, private yards and no common
floors or ceilings with other units.
(Ord. 2097 § 3, 2013)
"Toxic" means something capable of producing injury, illness,
or damage to humans, domestic livestock or wildlife through ingestion,
inhalation or absorption through any body surface.
(Ord. 2097 § 3, 2013)
"Tract" means an area, parcel, site, piece of land, or property
which is the subject of a development application.
(Ord. 2097 § 3, 2013)
"Trade school" means a public or private school offering instruction
in the technical, commercial and/or trade skills, such as real estate,
business and secretarial, electronics, automotive and aircraft, medical
and dental, and similar commercial establishments.
(Ord. 2097 § 3, 2013)
"Trailer or mobile home park" means any lot where trailer or
mobile home sites are rented or leased, or offered for rent, lease
or sale.
(Ord. 2097 § 3, 2013)
"Trailer or mobile home site" means that portion of a trailer
or mobile home park designated for use or occupancy of one mobile
home and including all appurtenant facilities thereon.
(Ord. 2097 § 3, 2013)
"Transfer station" means an area, including any necessary building
or structure, for the temporary storage and the salvage of rubbish,
garbage or industrial waste.
(Ord. 2097 § 3, 2013)
"Transitional area" means an area which acts as a buffer between
two land uses of different intensity.
(Ord. 2097 § 3, 2013)
"Transitional housing" means, pursuant to the California Health
and Safety Code, reduced fee rental housing which offers supportive
services (such as job training and counseling to individuals and families)
for up to 24 months that is designated for recently homeless persons
and is 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. Small transitional housing is permanent
housing (so-called group homes) serving six or fewer people is considered
a standard residential use and is permitted in all zones where residential
uses are permitted.
(Ord. 2097 § 3, 2013)
"Transportation demand management (TDM)" means the alteration
of travel behavior, usually on the part of commuters, through programs
of incentives, services and policies. TDM addresses alternatives to
single-occupant vehicles such as carpooling and vanpooling, and changes
in work schedules that move trips out of the peak period or eliminate
them altogether (as in the case in telecommuting or compressed work
weeks).
(Ord. 2097 § 3, 2013)
"Trip reduction" means reduction in the number of work-related
trips made by single occupant vehicles.
(Ord. 2097 § 3, 2013)
"Truck, trailer and equipment rental yard" means a business
conducted primarily in an open area, where trucks, trailers, various
mechanical, landscaping and construction equipment and tools are stored
or offered for rent, lease or sale.
(Ord. 2097 § 3, 2013)
"Commercial unit" means a space occupied by a business enterprise(s)
located within a building or portion of a building with direct access
from the outside or from a common interior accessway intended for
use by the general public. A commercial unit shall have the following
features: a completely enclosed room or interconnecting rooms with
lockable doors to common accessways or the exterior, full walls from
floor to the ceiling, independent cooling and ventilation controls,
independent lighting which is controlled within the unit itself, and
independent utility hook-ups.
(Ord. 2097 § 3, 2013)
"Use" means the utilization of a lot, building, structure or
any other improvement upon a lot, or any combination thereof. The
purpose for which land or a building is occupied, arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
(Ord. 2097 § 3, 2013)
"Accessory use" means a use of the site, land or of a building
which is: (1) clearly incidental and subordinate to the principal
use of the land or building; (2) located on the same lot with the
principal use; (3) not a generator of significant additional motor
vehicle trips, parking needs, or adverse environmental impacts; and
(4) occupies equal to or less than 49% of the area of the principal
use in the O-P Zone or less than 10% in other commercial zones. Where
more than one accessory use occurs on a site, the total aggregate
of all accessory uses must be equal to or less than 49% in the O-P
Zone and equal to or less than 10% in other commercial zones. (See
also "principal use" and "building, principal.")
(Ord. 2097 § 3, 2013)
"Principal use" means a primary or predominant activity which
occurs at a site. Such a use must be listed in the land use matrix,
or determined to be similar to a listed use. Otherwise a zone change
shall be required. Such use must occupy a minimum of 51% of the building.
A site or parcel may not have more than one principal use. (See also
"building, principal.")
(Ord. 2097 § 3, 2013)
"Utility building and facility" means a building or land used
for private or public utility purposes, but not including wireless
communication facilities.
(Ord. 2097 § 3, 2013)
"Vanpool" means a vehicle carrying seven or more persons commuting
together to and from work on a regular basis, usually in a vehicle
with a seating arrangement designed to carry seven to 15 adult passengers,
and on a prepaid subscription basis.
(Ord. 2097 § 3, 2013)
"Variance" means a discretionary entitlement, usually granted by the Planning Commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based upon specified findings. See Chapter 21.28, Permit Procedures.
(Ord. 2097 § 3, 2013)
"Vehicle" means any motorized form of transportation, including
but not limited to automobiles, vans, buses and motorcycles.
(Ord. 2097 § 3, 2013)
"Domestic veterinary services" means a place where animals or
pets commonly kept in a residential area are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use (also includes "animal hospital").
(Ord. 2097 § 3, 2013)
"Warehouse" means a commercial or manufacturing unit used for
the storage of goods and merchandise that is not accessible by interior
door to office or retail uses.
(Ord. 2097 § 3, 2013)
"Warehouse and sales outlet" means a business which stores large
inventories of goods in an industrial-style building where these goods
are not produced on the site but are offered to the public for sale.
(Ord. 2097 § 3, 2013)
"Whip antenna" means an antenna that transmits signals in 360
degrees. Whip antennas are typically cylindrical in shape and are
less than three inches in diameter and measure up to six feet in length,
including the mounting. "Whip antenna" also includes "omni-directional,"
"stick," or "pipe antenna."
(Ord. 2097 § 3, 2013)
"Wholesale uses" are establishments or places of business primarily
engaged in selling relatively large quantities of merchandise to retailers,
industrial, commercial, institutional, or professional business users,
or to other wholesalers, or acting as agents or brokers and buying
merchandise for, or selling merchandise to, such individuals or companies.
In the O-P Zone, storage of the merchandise being sold from the premises
is permitted provided the storage area does not exceed 49% of the
floor area of the building and the wholesale trade office and/or showroom
for the stored merchandise is in the same building, and showroom for
the wholesale trade establishment is a separate room with direct access
to the exterior of the building.
(Ord. 2097 § 3, 2013)
"Primary window" means a window serving a living room, dining
room, or family room.
(Ord. 2097 § 3, 2013)
"Secondary window" means a window serving a bedroom, bathroom,
kitchen, stairway, corridor, or storage area.
(Ord. 2097 § 3, 2013)
"Wine tasting" means the furnishing to customers instruction
on the history, nature, values, and characteristics of wine, as well
as instruction concerning the methods of presenting and serving the
wine when samples of the subject wines are furnished to customers.
(Ord. 2097 § 3, 2013)
"Wireless communications facility" means any facility that transmits
and/or receives electromagnetic waves, including, without limitation,
commercial wireless communications antennas and other types of equipment
for the transmission or receipt of such signals, telecommunications
towers or similar structures supporting said equipment, equipment
cabinets, pedestals, meters, tunnels, vaults, splice box, surface
location marker, equipment, equipment buildings, parking areas and
other accessory development.
Exceptions: The term "wireless communications facility" does
not apply to the following:
(1)
"Amateur radio stations" as defined by the FCC, 47 C.F.R. Part 97,
of the Commission's Rules.
(2)
Any antenna facility that is subject to the FCC Over-The-Air-Receiving
Devices Rule, 47 C.F.R. Section 1.4000, including, without limitations
video antennas including direct-to-home satellite dishes that are
less than one meter (39.37″) in diameter, TV antennas that
are no greater than 12 feet above the roof of the building to which
they are attached, and wireless cable antennas.
(3)
Portable radios and devices including without limitation hand-held,
vehicular, or other portable receivers, transmitters or transceivers,
cellular phones, CB radios, emergency services radio, and other similar
portable devices.
(4)
Government-owned and operated telecommunications facilities.
(5)
Emergency medical care provider-owned and operated telecommunications
facilities.
(6)
New equipment or materials in the same location as such existing
facilities, for the sole purpose of repairing, replacing or maintaining
lawfully established existing facilities. The determination of the
applicability of this provision to any proposed work will be made
by the Public Works Director in the case of encroachment permits,
or by the City Planner in all other cases.
(7)
Any wireless telecommunications facilities exempted from this code
by federal law or State law.
(Ord. 2097 § 3, 2013)
"Wireless telecommunications facility right-of-way setback"
means the minimum distance required between a private property line
and a wireless telecommunications facility in the public right-of-way,
as measured perpendicular from the private property line.
(Ord. 2097 § 3, 2013)
"Writing" means any form of message recorded in English and
capable of visual comprehension.
(Ord. 2097 § 3, 2013)
"Yard" means an area upon a lot, other than a court, required
as a front, side, or rear yard which is landscaped and maintained
unoccupied and unobstructed from the ground upward without any encroachments
except as expressly authorized in this title.
(Ord. 2097 § 3, 2013)
"Front yard" means a yard extending across the full width of
the front lot line of a lot. The depth of a required front yard shall
be the specified horizontal distance measured between the front lot
line and a line parallel thereto, on the lot. The existing front yard
orientation of any lot shall not change, regardless of whether the
lot is consolidated with other lots.
(Ord. 2097 § 3, 2013)
"Rear yard" means a yard extending across the full width of
the rear lot line of a lot. The depth of a required rear yard shall
be the specified horizontal distance measured between the rear lot
line and a line parallel thereto on the lot.
(Ord. 2097 § 3, 2013)
"Yard sale" means an accessory residential use providing for
the temporary sale of personal goods. This use is commonly referred
to as "garage sale."
(Ord. 2097 § 3, 2013)
"Side yard" means a yard extending from the rear line of a required
front yard, or the front lot line where no front yard is required
to the front line of the required rear yard, or the rear lot line
where no rear yard is required. The width of a required side yard
shall be the specified horizontal distance measured between each side
lot line and a line parallel thereto on the lot.
(Ord. 2097 § 3, 2013)
"Commercial Zone" or "C Zone" includes N-S, S-C, C-B, R-S, C-S,
and C-P.
(Ord. 2097 § 3, 2013)
"Zoning map" or "map" means the official zoning map of the City
adopted by this title.
(Ord. 2097 § 3, 2013)
"R Zone" includes R-1, R-2, and R-3 Zones.
(Ord. 2097 § 3, 2013)
