Chapter and section headings contained in this title shall not
be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of any section of this title.
(Ord. 9060 § 200)
The present tense includes the future, and the future the present.
(Ord. 9060 § 201)
The singular number includes the plural, and the plural the
singular.
(Ord. 9060 § 202)
"Accessory" means a building, part of a building or structure, or use that is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall, with a width dimension of at least three feet and a height dimension of at least one story, such building area is considered a part of the main building and not an accessory building or structure, except for "accessory dwelling units" or "junior accessory dwelling units" as defined in Sections 21.04.121 and 21.04.122. Accessory dwelling units and junior accessory dwelling units that comply with the requirements of Section 21.10.030 and California Government Code Sections 65852.2 (effective Jan. 1, 2022) and 65852.22 (effective Jan. 1, 2020), respectively, are considered accessory.
(Ord. 9060 § 203; Ord. NS-355 § 1, 1996; CS-384 § 7, 2020; Ord.
CS-427 § 2, 2022)
"Affordable housing" means housing for which the allowable housing
expenses for a for-sale or rental dwelling unit paid by a household
would not exceed thirty percent of the gross monthly income for target
income levels, adjusted for household size.
(Ord. 207 § 1, 1992)
"Agriculture" means farming in all its branches, including the
cultivation and tillage of the soil, dairying, the production, cultivation,
growing, and harvesting of any agricultural or horticultural commodities
(including commodities defined as agricultural commodities in Section
1141j(g) of Title 12 of the United States Code), the raising of livestock,
bees, furbearing animals, or poultry, and any practices (including
any forestry or lumbering operations) performed by a farmer or on
a farm as an incident to or in conjunction with such farming operations,
including preparation for market and delivery to storage or to market
or to carriers for transportation to market.
(Ord. CS-189 § II, 2012)
"Alley" means a public thoroughfare or way having a width of
not more than twenty feet which affords only a secondary means of
access to abutting property.
(Ord. 9060 § 204)
"Alter" means any change to the interior or exterior of a structure
that does not result in an increase to the gross floor area of the
structure.
(Ord. CS-050 § II, 2009)
"Apartment" means a room, or a suite of two or more rooms in
a multiple-family dwelling, occupied or suitable for occupancy as
a residence for one family.
(Ord. 9060 § 205; Ord. NS-718 § 2, 2004)
"Apartment house" means a building or a portion of a building,
designed for occupancy by three or more families living independently
of each other, and containing three or more dwelling units.
(Ord. 9060 § 206)
"Aquaculture" means that form of agriculture devoted to the
propagation, cultivation, maintenance, and harvesting of aquatic plants
and animals in marine, brackish, and fresh water. "Aquaculture" does
not include species of ornamental marine or freshwater plants and
animals not utilized for human consumption or bait purposes that are
maintained in closed systems for personal, pet industry, or hobby
purposes. This definition specifically excludes hydroponics.
(Ord. 9809 § 1, 1986)
"Automobile wrecking" means the commercial or noncommercial
dismantling or wrecking of used motor vehicles or trailers or the
storage, sale or dumping of dismantled or wrecked vehicles or their
parts.
(Ord. 9060 § 207)
"Bar or cocktail lounge" means any establishment serving an alcoholic beverage, not meeting the requirements of a bona fide public eating establishment as defined in Section 21.04.056.
(Ord. 9527 § 2, 1979)
"Basement" means that portion of a building between floor and
ceiling which is completely or partially below the existing grade
or finished grade, whichever is lower, but so located that the vertical
distance from exterior grade to the adjacent interior floor below
is greater than the vertical distance from exterior grade to the adjacent
interior ceiling above. This definition must apply to a minimum of
seventy-five percent of the perimeter of the basement for that portion
of a building to qualify as a basement.
(Ord. 9060 § 208; Ord. NS-180 § 1, 1991; Ord. NS-204 § 1, 1992; Ord. NS-532 § 1, 2000; Ord. CS-045 § II, 2009)
"Bed and breakfast uses" means an historical or architecturally
significant building which is located in a scenic or other environment
with a distinct character which has no less than three and no more
than eight attractively decorated lodging rooms, and one common room
is available for social interaction where short-term lodging and primarily
breakfast meals are provided for compensation. "Bed and breakfast
uses" does not include rest homes, convalescent homes, hotels, motels,
boarding houses or lodging houses.
(Ord. 9800 § 1, 1986; Ord. NS-81 § 1, 1989)
"Biological habitat preserve" means any area which is designated
and accepted by a federal, state or local agency as a permanent or
temporary sanctuary, reserve or protected area for biological species
of any kind.
(Ord. NS-322 § 1, 1995)
"Block" means all property fronting upon one side of a street
between intersecting and intercepting streets, or between a street
and a railroad right-of-way, waterway, terminus or dead-end street,
or city boundary. An intercepting street shall determine only the
boundary of the block on the side of the street which it intercepts.
(Ord. 9060 § 209)
"Boardinghouse" means a building with more than four guest rooms
where lodging and meals are provided for compensation but does not
include rest homes or convalescent homes.
(Ord. 9060 § 210)
"Bona fide public eating establishment" means any establishment
at which the primary business is the preparation, service and retail
sale of meals comprising a varied selection of foods and nonalcoholic
beverages prepared, served and consumed on the premises.
To be classified as a bona fide public eating establishment,
an establishment which engages in the sale of beer, wine or distilled
spirits for consumption on the premises shall meet the following requirements:
(1)
Be designed and operated in such a way that the sale of alcoholic
beverages is incidental to the primary restaurant operation;
(2)
On any day the restaurant is open to the public for business and
engaged in the incidental sale of alcoholic beverages, restaurant
services shall be available to the public for the evening meal for
a period of not less than five hours, or for not less than four hours,
if the morning or noon meal is also served to the public for a period
of not less than two hours;
(3)
Restaurant service shall include, but not be limited to, an offering
of a varied menu of foods or not less than five main courses with
appropriate nonalcoholic beverages, desserts, salads and other attendant
dishes;
(4)
The sale of any food prepared for consumption off the premises shall
be occasional only and clearly incidental and subordinate to the on-premises
restaurant operation;
(5)
No more than twenty-five percent of the interior area of the restaurant
shall be designed, arranged or devoted to a use commonly associated
with a bar or other establishment primarily engaged in the on-premises
sale of alcoholic beverages. The interior area shall include only
those portions of the establishment devoted to regular use by the
public;
(6)
A minimum of twenty percent of the gross floor area of the establishment
shall be used solely for food storage, preparation, maintenance and
storage of eating utensils, dishes and glassware and shall include
refrigeration, cooking, warming and dishwashing equipment, and any
other equipment necessary for a fully equipped restaurant kitchen;
(7)
During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of floor area devoted to food service use. Said employee or employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (2) of this section.
|
The City Council may waive the above requirements relating to
hours, menus, alcoholic beverage area, kitchen area, employees and
equipment if they find a proposed restaurant will provide equivalencies,
meets the other requirements of this section and will, in fact, be
operated as a bona fide restaurant.
|
|
Uses not specifically named in this section but which are of
substantially the same general type and character and are within the
intent and purpose of this section may be permitted; provided, however,
that the burden of proving the same shall rest with the person seeking
to establish that use.
|
(Ord. 9527 § 2, 1979)
"Bowling alley" means any structure in which a ball or balls
are rolled on a green or down an alley or lane at any object or group
of objects.
(Ord. 9527 § 2, 1979)
"Building" means any structure having a roof, including all
forms of inhabitable vehicles even though immobilized. Where this
title requires, or where special authority granted pursuant to this
title requires that a use shall be entirely enclosed within a building,
this definition shall be qualified by adding "and enclosed on all
sides."
(Ord. 9060 § 211)
"Building coverage" means the total ground area of a site occupied
by any building or structure as measured from the outside of its surrounding
external walls or supporting members. Building coverage includes exterior
structures such as stairs, arcades, bridges, permanent structural
elements protruding from buildings such as overhanging balconies,
oriel windows, stories which overhang a ground level story, garages
and covered carports. Building coverage also includes the perimeter
area of a basement. Excluded from building coverage are roof eaves
extending less than thirty inches from the face of any building, awnings,
open parking areas, structures under thirty inches in height and masonry
walls not greater than six feet in height such as wing-walls, planter
walls or grade-separation retaining walls.
(Ord. NS-180 § 2, 1991)
"Building height" is limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage," that is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below.
1.
"Building
height" includes:
a.
All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure.
2.
If
a discretionary permit for a development or alteration of an existing
development is approved, and such approval includes a grading plan
that shows a finished grade higher in elevation than the existing
grade, then building height may be measured from the approved finished
grade. In approving a finished grade through a discretionary permit
that is higher in elevation than the existing grade, consideration
shall be given to the natural topography of the site, compatibility
with the existing grade of adjacent and surrounding properties, and
the need to comply with required access, utility and drainage standards.
3.
When
nondiscretionary permits allow retaining walls, fill or other grading,
which create a finished grade higher in elevation than the grade that
existed prior to the retaining wall, fill, or grading, then building
height shall be measured from existing grade.
(Ord. 9060 § 212; Ord. 9141 § 1; Ord. 9498 § 1, 1978; Ord. 9667, 1983; Ord. NS-180 § 3, 1991; Ord. NS-204 § 2, 1992; Ord. NS-675 § 1, 2003; Ord. CS-045 § III, 2009)
"Main building" means the principal building on a lot or building
site designed or used to accommodate the primary use to which the
premises are devoted; where a permissible use involves more than one
structure designed or used for the primary purpose, as in the case
of group houses, each such permissible building on one lot as defined
by this title is construed as comprising a main building.
(Ord. 9060 § 213)
"Building site" means:
(1)
The ground area of one lot; or
(2)
The ground area of two or more lots when used in combination for
a building or group of buildings, together with all open spaces as
required by this title.
(Ord. 9060 § 214)
"Business" or "commerce" means the purchase, sale or other transaction
involving the handling or disposition of any article, service, substance
or commodity for livelihood or profit; or the management of office
building, offices, recreational or amusement enterprises; or the maintenance
and use of offices, structures and premises by professions and trades
rendering services.
(Ord. 9060 § 215)
"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 between the ceiling and the average adjoining
ground level is equal to or greater than the vertical distance from
grade to ceiling.
(Ord. 9060 § 216)
"Child day care center" means a facility, other than a family
day care home which provides nonmedical care, protection and supervision
for children under eighteen years of age for periods of less than
twenty-four hours per day. "Child day care center" includes preschools,
nursery schools, employer-sponsored day care facilities and before-and
after-school recreational programs, but does not include public or
private elementary schools.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997)
"Club" means an association of persons for some common nonprofit
purpose but not including groups organized primarily to render a service
which is customarily carried on as a business.
(Ord. 9060 § 217)
"Coin-operated arcade" means any place wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
machines, shooting galleries, or any other amusement devices, are
maintained for use by five or fewer persons per machine at any one
time.
(Ord. 9527 § 2, 1979)
"Commercial living unit" means a unit that may be within but
is not limited to a professional care facility, hotel, motel, time-share
or bed and breakfast that provides the basic amenities for everyday
living and may include but is not limited to a sleeping area or bedroom(s),
closet space, restroom, sitting/entertainment area and kitchen facilities.
Commercial living units are distinguished from dwelling units due
to the assistance/services provided in conjunction with the living
unit and/or the use of the living unit for temporary lodging.
(Ord. NS-284 § 1, 1994)
"Commission" means the Planning Commission of the city.
(Ord. 9060 § 218)
"Common wall" is used for the purpose of distinguishing between
an otherwise accessory building or structure and a main dwelling unit
building or structure within residential zones. A "common wall" divides,
yet is shared by, two adjacent enclosed building areas. A common wall
may or may not provide a door or accessway to accommodate passage
between the two building areas separated by a common wall. Accessory
structures do not involve an attachment to the main building by a
common wall.
(Ord. NS-355 § 2, 1996)
"Community and Economic Development Director" means the Director
of Community and Economic Development of the city or his or her designee.
(Ord. NS-675 § 2, 2003; Ord. CS-164 § 14, 2011)
"Court" means any portion of the interior of a lot or building
site which is wholly or partially surrounded by buildings, and which
is not a required front, side or rear yard.
(Ord. 9060 § 219)
"Dairy" means any premises where three or more cows, three or
more goats, or any combination thereof are kept, milked or maintained.
(Ord. 9060 § 220)
"Delicatessen" means a type of restaurant, totaling less than
one thousand six hundred square feet in total floor area, selling
ready-to-eat food and canned or bottled beverages to the public. Food
is pre-cooked or prepared at another location and only heated or toasted
on the site. No stoves or ovens for the cooking or preparation of
food nor tableware or dishwashing facilities (other than a standard
sink) are permitted. No waiters or waitresses are employed on the
premises.
(Ord. NS-791 § 3, 2006)
"Development (within the coastal zone)" means, on land, in or
under water, the placement or erection of any solid material or structure;
discharge or disposal of any dredged material or of any gaseous, liquid,
solid or thermal waste; grading, removing, dredging, mining or extraction
of any materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the Subdivision
Map Act (commencing with Section 66410 of the Government Code), and
any other division of land, including lot splits, except where the
land division is brought about in connection with the purchase of
such land by a public agency for public recreational use; change in
the intensity of use of water, or of access thereto; construction,
reconstruction, demolition or alteration of the size of any structure,
including any facility of any private, public or municipal utility;
and the removal or harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which are in accordance
with a timber harvesting plan submitted pursuant to the provisions
of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with
Section 4511).
As used in this section, "structure" includes, but is not limited
to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
line, and electrical power transmission and distribution line.
(Ord. NS-365 § 1, 1996)
"Drive-thru restaurant" means a restaurant that has a drive-thru
lane to serve customers in motor vehicles.
(Ord. NS-439 § 1, 1998)
"Dump" means an area devoted to the disposal of refuse including
incineration, reduction, or dumping of ashes, garbage, combustible
or noncombustible refuse, offal or dead animals.
(Ord. 9060 § 221)
"Dwelling" means a building or portion thereof designed exclusively
for residential purposes, including one-family, two-family and multiple-family
dwellings, but does not include commercial living units.
(Ord. 9060 § 222; Ord. NS-284 § 2, 1994; Ord. NS-718 § 3, 2004)
"Dwelling unit" means a single unit providing a complete, independent
living facility for one or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation, and having only
one kitchen. For the purposes of this section, provisions for sanitation
include a toilet, sink and shower or bathtub.
(Ord. 9060 § 223; Ord. CS-243 § 1, 2014)
Refer to California Government Code Section 65852.2 (effective
Jan. 1, 2022).
(Ord. CS 324 § 3, 2017; Ord. CS-384 § 8, 2020; Ord. CS-427 § 3, 2022)
Refer to California Government Code Section 65852.22 (effective
Jan. 1, 2020).
(Ord. CS-384 § 9, 2020; Ord. CS-427 § 4, 2022)
"One-family dwelling" means a detached building designed exclusively
for occupancy by one family and containing one dwelling unit.
(Ord. 9060 § 224)
"Two-family dwelling" means a building designed exclusively
for occupancy by two families living independently of each other and
containing two dwelling units.
(Ord. 9060 § 225)
"Multiple-family dwelling" means a building, or portion thereof,
designed for occupancy by three or more families living independently
of each other, and containing three or more dwelling units.
(Ord. 9060 § 226; Ord. NS-718 §§ 1, 4, 2004)
"Educational facilities, other" means educational training and
tutoring services not subject to the California Education Code nor
standards set by the State Board of Education, including, but not
limited to, trade, cosmetology, pet grooming, music, dance, martial
arts, gymnastics and language.
(Ord. NS-791 § 4, 2006)
"Educational institution or 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 nursery school, kindergarten,
elementary school, junior high school, senior high school or any special
institution of higher education, including a community or junior college,
college or university.
(Ord. 9060 § 227; Ord. NS-409 § 1, 1997)
"Expansion" means to enlarge or increase the size of an existing
structure or use including the physical size of the property, building,
parking and other improvements.
(Ord. CS-050 § II, 2009)
"Emergency shelter" means year-round housing with minimal supportive
services for homeless persons or families with occupancy limited to
six months or less by homeless persons.
(Ord. CS-190 §§ I,
II, 2012)
Pursuant to California Health and Safety Code Section 17008,
employee housing, small means any portion of any housing accommodation,
or property upon which a housing accommodation is located, maintained
in connection with any work or place where work is being performed,
whether or not rent is involved, where such housing provides accommodations
for six or fewer persons.
(Ord. CS-432, 9/27/2022)
"Escort service" means any place where patrons can purchase the social company or companionship of another person to be given either on or off the premises, excluding any use regulated by Chapter 21.43 of this code.
(Ord. 9527 § 2, 1979)
"Factory-built housing" means a residential building, dwelling
unit, or an individual dwelling room or combination of rooms thereof,
or building component, assembly or system manufactured in such a manner
that all concealed parts or processes of manufacture cannot be inspected
before installation at the building site without disassembly, damage
or destruction of the part, including units designed for use as part
of an institution for resident or patient care, which is either wholly
manufactured or is in substantial part manufactured at an off-site
location to be wholly or partially assembled on-site in accordance
with building standards published in the State Building Standards
Code and other regulations adopted by the Commission pursuant to State
Health and Safety Code Section 19990. "Factory-built housing" does
not include a mobile home, mobile accessory building or structure,
a recreational vehicle, or a commercial coach. "Factory-built housing"
means the same as modular housing.
(Ord. 9564 § 1, 1980)
"Family" means one or more persons living together in a dwelling
unit, with common access to, and common use of all living, kitchen,
and eating areas within the dwelling unit. Residents and operators
of a residential care facility or employee housing serving six or
fewer persons shall be considered a family for purposes of any zoning
regulation relating to residential use of such facilities.
(Ord. 9060 § 228; Ord. 9455 § 1, 1976; Ord. 9513 § 7, 1978; Ord. 9592 § 1, 1981; Ord. CS-102 § II, 2010; Ord. CS-432, 9/27/2022)
"Family day care home" means a detached single-family dwelling
which regularly provides nonmedical care, protection, and supervision
of fourteen or fewer children, in the provider's own home, for periods
of less than twenty-four hours per day, while the parents or guardians
are away. The actual number of children permitted in a family day
care home is based on age composition as determined by the State of
California, Department of Social Services. Family day care homes include
large or small family day care homes.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997)
"Large family day care home" means a dwelling which provides
family day care for seven to 14 children, inclusive, including children
under the age of 10 years who reside at the home as defined by Section
1596.78 of the California Health and Safety Code and permitted by
the licensing agency.
(Ord. 9731 § 1, 1984; Ord. NS-409 § 1, 1997; Ord. CS-432, 9/27/2022)
"Small family day care home" means a dwelling which provides
family day care for eight or fewer children, including children under
the age of 10 years who reside at the home as defined in Section 1596.78
of the California Health and Safety Code and permitted by the licensing
agency.
(Ord. NS-409 § 1, 1997; Ord. CS-432, 9/27/2022)
"Farmworker" means any individual engaged in agriculture (as defined in Section 21.04.023).
(Ord. CS-189 § III, 2012)
"Farmworker housing complex, large" includes conventional and
nonconventional structures, housing more than thirty-six farmworkers
or more than twelve units/spaces, such as: group living quarters (including
barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile
home, manufactured home, recreational vehicle, or travel trailer;
or other housing accommodations, and which is occupied by farmworkers
or farm-workers and their households, and may be for temporary, seasonal,
or permanent residence.
(Ord. CS-189 § IV, 2012)
"Farmworker housing complex, small" includes conventional and
nonconventional structures, housing up to thirty-six farmworkers or
twelve units/spaces, such as: group living quarters (including barracks
and bunk-houses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other
housing accommodations, and which is occupied by farmworkers or farmworkers
and their households, and may be for temporary, seasonal, or permanent
residence.
(Ord. CS-189 § V, 2012)
"Employer-sponsored child day care center" means any child day
care center at the employer's site of business and operated directly
or through a provider contract by any person or entity having one
or more employees, and available exclusively for the care of that
employer, and of the officers, managers, and employees of the employer.
(Ord. NS-409 § 1, 1997)
"Private garage" means an accessory building or an accessory
portion of the main building, enclosed on all sides and designed or
used only for the shelter or storage of vehicles owned or operated
by the occupants of the main building.
(Ord. 9060 § 229)
"Public garage" means a building other than a private garage
used for the care, repair or equipping of automobiles, or where such
vehicles are kept for remuneration, hire or sale.
(Ord. 9060 § 230)
"Gas station" means a retail business used primarily for the
sale of vehicular fuels; minor servicing and repair of automobiles;
and the sale and installation of lubricants, tires, batteries and
similar vehicle accessories. A gas station may include a mini-mart
convenience store as an accessory use.
(Ord. NS-791 § 5, 2006)
"Existing grade," for the purposes of measuring building height,
means the ground elevation prior to any grading or other site preparation
related to, or to be incorporated into, a proposed development or
alteration of an existing development.
(Ord. 9060 § 231; Ord. NS-180 § 4, 1991; Ord. CS-045 § IV, 2009)
"Finished grade," for the purposes of measuring building height,
means the final ground elevation after the completion of any grading
or other site preparation related to, or to be incorporated into,
a proposed development or alteration of an existing development.
(Ord. CS-045 § V, 2009)
"Guest house" or "accessory living quarters" means living quarters
within an accessory building for the sole use of persons employed
on the premises, or for temporary use by guests of the occupants of
the premises. Such quarters shall have no kitchen facilities and shall
not be rented or otherwise used as a separate dwelling unit.
(Ord. 9060 § 232)
"Hazardous waste" shall be defined by Chapter 6.5 of Division
20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)
"Hazardous waste facility" shall be defined by Chapter 6.5 of
Division 20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)
"Hospital" means an institution specializing in giving clinical,
temporary and emergency services of a medical or surgical nature to
human patients and injured persons, and licensed by state law to provide
facilities and services in surgery, obstetrics and general medical
practice excluding however, facilities for treatment of mental and
nervous disorders, but not excluding surgical and post-surgical treatment
of mental cases.
(Ord. 9060 § 233)
"Mental hospital" means an institution licensed by state agencies
under provisions of law to offer facilities, care and treatment for
cases of mental and nervous disorders but not licensed to provide
facilities and services in surgery, obstetrics and general medical
practice. Establishments limiting services to juveniles below the
age of five years, and establishments housing and caring for cases
of cerebral palsy are specifically excluded from this definition.
(Ord. 9060 § 234)
"Hotel" means a building in which there are five or more guest
rooms where lodging with or without meals is provided for compensation,
and where no provision is made for cooking in any individual room
or suite, but shall not include jails, hospitals, asylums, sanitariums,
orphanages, prisons, detention homes and similar buildings where human
beings are housed and detained under legal restraint.
(Ord. 9060 § 236)
"Low-income household" means those households whose gross income
is at least fifty percent but less than eighty percent of the median
income for San Diego County as determined annually by the U.S. Department
of Housing and Urban Development.
(Ord. 207 § 2, 1992)
"Moderate-income household" means those households whose gross
income is at least eighty percent but less than one hundred twenty
percent of the median income for San Diego County as determined annually
by the U.S. Department of Housing and Urban Development.
(Ord. 207 § 3, 1992)
"Very low-income household" means a household earning a gross
income equal to fifty percent or less of the median income for San
Diego County as determined annually by the U.S. Department of Housing
and Urban Development.
(Ord. 207 § 4, 1992)
"Target income level" means the income standards for very low,
low and moderate income levels within San Diego County as determined
annually by the U.S. Department of Housing and Urban Development and
adjusted for family size.
(Ord. 207 § 5, 1992)
"Institution" means an establishment maintained and operated
by a society, corporation, individual, foundation or public agency
for the purpose of providing charitable, social, education or similar
service to the public, groups or individuals.
(Ord. 9060 § 237)
"Kennel" means a place where four or more adult dogs or cats,
in any combination, are kept, whether by owners of the dogs and cats
or by persons providing facilities and care, whether or not for compensation.
An adult dog or cat is an animal of either sex, altered or unaltered,
that has reached the age of four months.
(Ord. 9060 § 238; Ord. 9502 § 2, 1978)
"Kitchen" means any room or portion of a room used or intended
or designed to be used for the preparation and storage of food and
containing one or both of the following:
1.
Cooking
appliances or rough-in facilities for cooking appliances including,
but not limited to: stoves or stovetops, built-in grills, ovens (gas
or electric); microwave ovens or similar appliances. Rough-in facilities
may include, but not necessarily be limited to: built-in counter tops
and cabinetry, gas lines or electrical wiring.
2.
A
refrigerator or rough-in space for a refrigerator.
(Ord. 9060 § 239; Ord. CS-243 § 2, 2014)
An occupied or useable horizontal and vertical space of a structure.
(Ord. NS-180 § 5, 1991)
"Liquor store" means any store designed and operated for the
selling of alcoholic beverages with the selling of any other merchandise
being incidental to the primary operation of selling liquor.
(Ord. 9527 § 2, 1979; Ord. 9807 § 1, 1986)
"Lodginghouse" means the same as boardinghouse, but no meals
shall be provided.
(Ord. 9060 § 240)
"Lot" means a parcel of record legally created by subdivision map, adjustment plat, certificate of compliance or a parcel legally in existence prior to incorporation of the lot into the jurisdiction of the city. Any parcel created prior to May 1, 1956, shall be presumed to be lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created. A lot shall have frontage that allows usable access on a dedicated public street accepted by the city. This street or easement shall have a minimum right-of-way width of forty-two feet. Special lot and street configurations for affordable housing projects may be allowed subject to the provisions of Section 21.53.120.
(Ord. 9060 § 241; Ord. 9459 § 1, 1976; Ord. 9605 § 1, 1981; Ord. 207 § 7, 1992; Ord. NS-602 § 1, 2001)
"Lot area" means the total horizontal area within the boundary
lines of a lot.
(Ord. 9060 § 242)
"Corner lot" means a lot situated at the intersection of two
or more streets, which streets have an angle of intersection of not
more than one hundred thirty-five degrees.
(Ord. 9060 § 243)
See "building coverage."
(Ord. NS-180 § 6, 1991)
"Lot depth" means the horizontal length of a straight line drawn
from the midpoint of the front lot line and at right angles to such
line, connecting with a line intersecting the midpoint of the rear
lot line and parallel to the front lot line. In the case of a lot
having a curved front line the front lot line, for purposes of this
section, shall be deemed to be a line tangent to the curve and parallel
to a straight line connecting the points of intersection of the side
lot lines of the lot with the front lot line.
(Ord. 9060 § 244)
"Interior lot" means a lot other than a corner lot or reversed
corner lot.
(Ord. 9060 § 245)
"Key lot" means the first lot to the rear of the reversed corner
lot and whether or not separated by an alley.
(Ord. 9060 § 246)
"Front lot line" means in the case of an interior lot, a line
separating the lot from the street. In the case of a corner lot the
front lot line shall be the line separating the narrowest street frontage
of the lot from the street.
(Ord. 9060 § 247)
"Rear lot line" means a lot line which is opposite and most
distant from the front lot line. For the purpose of establishing the
rear lot line of a triangular or trapezoidal lot, or of a lot the
rear line of which is formed by two or more lines, the following shall
apply:
(1)
For a triangular or gore-shaped lot, a line ten feet in length within
the lot and farthest removed from the front lot line and at right
angles to the line comprising the depth of such lot shall be used
as the rear lot line;
(2)
In the case of a trapezoidal lot the rear line of which is not parallel
to the front lot line, the rear lot line shall be deemed to be a line
at right angles to the line comprising the depth of such lot and drawn
through a point bisecting the recorded rear lot line; or
(3)
In the case of a pentagonal lot the rear boundary of which includes
an angle formed by two lines, such angle shall be employed for determining
the rear lot line in the same manner as prescribed for a triangular
lot.
|
In no case shall the application of the provisions of this section
be interpreted as permitting a main building to locate closer than
five feet in any property line.
|
(Ord. 9060 § 248)
"Side lot line" means any lot boundary line not a front lot
line or a rear lot line.
(Ord. 9060 § 249)
"Reversed corner lot" means a corner lot, the side street line
of which is substantially a continuation of the front lot line of
the lot upon which the rear of the corner lot abuts.
(Ord. 9060 § 250)
"PUD lot" means a designated portion of or division of land, air space or combination thereof within the boundaries of a planned unit development which does not meet the definition of a lot. A PUD lot may be approved by the City Council as part of a planned unit development permit. A PUD lot, if so approved, need not have frontage on a public street or otherwise comply with the requirements of the underlying zone or Title 20.
(Ord. 9459 § 1, 1976)
"Through lot" means a lot having frontage on two parallel or
approximately parallel streets.
(Ord. 9060 § 251)
"Lot width" means the horizontal distance of the line constituting
the required front yard setback, as required in certain zone classifications.
For those zone classifications without required front yards, the lot
width is the horizontal distance between the side lot lines measured
at right angles to a line comprising the depth of the lot at a point
midway between the front and rear lot lines. All lots located on the
inside of a curve of a public street whose rear property line is at
least twenty feet less in length than the front property line shall
have their lot width calculated, for the purpose of computing required
side yard setbacks, using the average width of the lot.
(Ord. 9060 § 252; Ord. 9467 § 1, 1976; Ord. 9506 § 1, 1978; Ord. NS-746 § 1, 2005)
"Mobile building" means a structure constructed on a permanent
chassis, transportable in one or more sections, designed and equipped
for human occupancy for industrial, professional, commercial, educational,
or temporary housing (e.g., farmworker or transitional housing) purposes
to be used primarily with a temporary foundation system. A "mobile
building" requires vehicle registration from the state Department
of Transportation pursuant to the state Vehicle Code and requires
registration and title from the state Department of Housing and Community
Development pursuant to the state Health and Safety Code. "Mobile
building" does not include a recreational trailer, mobile homes, manufactured
home, or prefabricated home but may include a commercial coach or
trailer coach.
(Ord. NS-746 § 2, 2005)
"Mobile home" means a structure transportable in one or more
sections, designed and equipped to contain not more than one dwelling
unit to be used with or without a foundation system. "Mobile home"
does not include a recreational vehicle, trailer coach, commercial
coach, auto trailer or factory-built housing.
(Ord. 9564 § 1, 1980)
"Mobile home accessory structure" means any awning, portable,
demountable or permanent cabana, ramada, storage cabinet, carport,
fence, windbreak or porch established for the use of the occupant
of the mobile home.
(Ord. 9564 § 1, 1980)
"Mobile home lot" means a portion of a mobile home park designated
or used for the occupancy of one mobile home.
(Ord. 9564 § 1, 1980)
"Mobile home park" means an area or tract of land where two
or more mobile home lots are rented, leased or sold, or held out for
rental, lease or sale, or owned in common as part of a condominium,
to accommodate mobile homes for human habitation. "Mobile home park"
does not include mobile home sales or display lots, or areas containing
mobile homes used exclusively to provide temporary housing for farm
employees for which a temporary occupancy permit has been issued by
the Department of Public Health.
(Ord. 9564 § 1, 1980)
"Modular building" means a structure not constructed on a permanent
chassis, transportable in one or more sections on a separate trailer,
designed for human occupancy for industrial, professional, or commercial
purposes to be placed upon a permanent foundation. A "modular building"
is constructed in prefabricated sections and its construction and
assembly is subject to the California Building, Electrical, Mechanical,
and Plumbing Codes. "Modular building" does not include mobile offices,
mobile homes, manufactured home, prefabricated home, commercial coach,
or trailer coach. For the purposes of permitted uses in each zone,
"modular building" is considered the same as any standard building.
(Ord. NS-746 § 3, 2005)
"Motel" means a group of attached or detached buildings containing
individual sleeping or living units where a majority of such units
open individually and directly to the outside, and where a garage
is attached or a parking space is conveniently located to each unit,
all for the temporary use by automobile tourists or transients, and
such word shall include motor lodges. An establishment shall be considered
a motel when it is required by the Health and Safety Code of the State
of California to obtain the name and address of the guests, the make,
year and license number of the vehicle and the state in which it was
issued.
(Ord. 9060 § 253; Ord. 9135 § 1; Ord. NS-746 § 4, 2005)
"Nonconforming structure" means a structure, or portion thereof,
which was lawfully erected or altered and maintained, but which, because
of the application of this title to it, no longer conforms to the
current requirements and development standards of the zone in which
it is located.
(Ord. CS-050 § II, 2009)
"Nonconforming lot" means a lot which was legally created, but
which, because of the application of this title to it, no longer conforms
to the current requirements and development standards of the zone
in which it is located.
(Ord. CS-050 § II, 2009)
"Nonconforming nonresidential use" means a nonresidential use
which was lawfully established and maintained, but which, because
of the application of this title to it, no longer conforms to the
current use regulations of the zone in which it is located.
(Ord. 9060 § 255; Ord. CS-050 § II, 2009)
"Nonconforming residential use" means a residential use which
was lawfully established and maintained, but which exceeds the maximum
density range of the underlying general plan land use designation.
(Ord. CS-050 § II, 2009; Ord. CS-432, 9/27/2022)
"Outdoor advertising display" means any card, paper, cloth,
metal, glass, wooden, plastic or other display or device of any kind
or character whatsoever placed for outdoor advertising purposes on
the ground or on any tree, wall, rock, structure or thing whatsoever.
(Ord. 9060 § 256)
"Outdoor advertising structure" means a structure of any kind
or character erected or maintained for outdoor advertising purposes,
upon which any outdoor advertising display may be placed.
(Ord. 9060 § 257)
"Outdoor dining (incidental)" means an outdoor dining area that is part of any business that serves food and/or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens, and which does not exceed the limitations established in Chapter 21.26.
(Ord. CS-102 § IV, 2010; Ord. CS-178 § I, 2012)
"Pawnshop" means any place engaged in the business of loaning
money to any person, upon any personal property, personal security,
or purchasing personal property and reselling such articles to the
vendor or other assignee at prices previously agreed upon.
(Ord. 9527 § 2, 1979)
"Personal Services" means uses that include, but are not limited
to, dry cleaners, beauty and barber shops, day spas, cosmetic services,
nail salons, shoe/garment repair, massage therapy, etc.
(Ord. CS-432, 9/27/2022)
"City planner" means the City Planner of the city or his or
her designee. In addition, the term "Director" as used throughout
this title shall also mean the City Planner unless the context clearly
requires otherwise.
(Ord. NS-675 § 6, 2003; Ord. CS-164 § 10, 2011)
"Poolhall" or "billiard parlor" means any place of business
where billiards or pool is played, and a fee is charged to those playing
for the use of the equipment. The billiard room shall not be connected
with any other business, nor shall any other business be permitted
to be carried on, except that the billiard room may have therein ordinary
merchandise vending machines and no more than four coin-operated games
of skill, including pinball machines. A bar or cocktail lounge, having
two or less pool or billiard tables, shall not be considered to be
a poolhall or billiard parlor.
(Ord. 9527 § 2, 1979)
"Professional care facility" means a facility in which food,
shelter, and some form of professional service is provided such as
nursing, medical, dietary, exercising or other medically recommended
programs. Not included in this definition are hospitals and mental
hospitals.
(Ord. 9060 § 258; Ord. 9455 § 1, 1976)
"Public and quasi-public office buildings and accessory utility
buildings and facilities" means and includes, but are not limited
to, government office buildings and accessory utility buildings and
facilities such as: water wells, water storage, pump stations, booster
stations, transmission or distribution electrical substations, operating
centers, gas metering and regulating stations, or neighboring telephone
exchanges, with the necessary apparatus or appurtenances incident
thereto. Such uses do not include water, sewer or drainage pipelines
or utility buildings/facilities that are built, operated or maintained
by a public utility to the extent that they are regulated by the California
Public Utilities Commission.
(Ord. NS-791 § 6, 2006)
"Recreational vehicle" means any vehicle (self-propelled or
drawn by another vehicle), including campers, motor homes, travel
trailers, boats and other vehicles, whose major intended use is for
recreational purposes.
(Ord. 9537 § 2, 1979)
"Recreational vehicle storage" means any area or tract of land
used substantially for the purpose of storing two or more recreational
vehicles.
(Ord. 9537 § 2, 1979)
"Repair" means any improvements to correct deficiencies in a
building or structure.
(Ord. CS-050 § II, 2009)
"Replace" means to construct a structure that is substantially
equivalent in size, shape and location to a structure that has been
destroyed or demolished.
(Ord. CS-050 § II, 2009)
"Residential care facility" means any family home, group care
facility, or similar facility, licensed by the State of California,
for twenty-four hour nonmedical care of persons in need of personal
services, supervision or assistance essential for sustaining the activities
of daily living or for the protection of the individual as provided
in Section 1502 of the California Health and Safety Code.
(Ord. 9060 § 259; Ord. 9455 § 1, 1976; Ord. CS-191 § II, 2012)
"Secondhand shop" or "thrift shop" means a place of business
that engages in buying and selling, trading or accepting for sale
on consignment previously sold property, excluding bona fide antique
shops. "Secondhand property" means personal property of which prior
use has been made. A bona fide antique shop is one in which substantially
all the merchandise is antique. "Antique" means any collectible, object
of art, bric-a-brac, curio, household furniture or furnishing offered
for sale upon the basis, expressed or implied, that the value of the
property, in whole or in substantial part, is derived from its age
or from historical associations.
(Ord. 9527 § 2, 1979)
"Satellite television antenna" or "satellite antenna" means
any instrument or device capable of transmitting or receiving television,
microwave, or other electronic communications from a transmitter,
or a transmitter relay, located in planetary orbit. This may include,
but is not limited to, "satellite earth stations," "satellite receiving
dish," and "dish antenna."
(Ord. 9785 § 1, 1986)
"Sign" means any outdoor advertising display or outdoor advertising
structure or any indoor advertising display or indoor advertising
structure designed and placed so as to be readable principally from
the outside.
(Ord. 9060 § 260)
Small wireless facilities (SWF), consistent with FCC regulations
in 47 CFR Section 1.6002(l), are wireless communication facilities
that meet each of the following conditions:
A.
The facilities:
1.
Are mounted on structures 50 feet or less in height including
their antennas as defined in CFR Section 1.1320(d), or
2.
Are mounted on structures no more than 10 percent taller than
other adjacent structures, or
3.
o not extend existing structures on which they are located to
a height of more than 50 feet or by more than 10 percent, whichever
is greater;
B.
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in the definition of antenna in CFR
Section 1.1320(d)), is no more than three cubic feet in volume;
C.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
D.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
E.
The facilities are not located on Tribal lands, as defined under
36 CFR Section 800.16(x); and
F.
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
CFR Section 1.1307(b).
(Ord. CS-432, 9/27/2022)
"Habitable space or structure" means any space in a structure
for living, sleeping, eating or cooking.
(Ord. NS-243 § 1, 1993)
"Specified hazardous waste facility" shall be defined by Chapter
6.5 of Division 20 of the Health and Safety Code.
(Ord. NS-208 § 1, 1992)
"Private stable" means a detached accessory building in which
horses owned by the occupants of the premises are kept, and in which
no horses are kept for hire or sale.
(Ord. 9060 § 261)
"Public stable" means a stable other than a private stable.
(Ord. 9060 § 262)
"Stand" means a structure for the display and sale of products
with no space for customers within the structure itself.
(Ord. 9060 § 263)
"State freeway" means any section of a state highway which has
been declared to be a freeway by resolution of the California Highway
Commission pursuant to the Streets and Highways Code.
(Ord. 9060 § 264)
"Story" means that portion of a building included between the
surface of any floor and the surface of the floor next above it. If
there is no floor above it, then the space between such floor and
the ceiling next above it shall be considered a story. Underground
parking, a basement or a cellar shall not be considered a story. Lofts
or mezzanines shall not be considered a story provided that they do
not exceed fifty percent of the floor area of the story they are located
within.
(Ord. 9060 § 265; Ord. NS-180 § 7, 1991)
"Street" means a publicly dedicated and accepted thoroughfare
which affords primary means of access to abutting property and having
a minimum right-of-way width of not less than forty-two feet.
(Ord. 9060 § 266; Ord. NS-602 § 2, 2001)
"Street line" means the boundary line between a street and the
abutting property.
(Ord. 9060 § 267)
"Side street" means a street which is adjacent to a corner lot
and which extends in the general direction of the line determining
the depth of the lot.
(Ord. 9060 § 268)
"Structural alterations" mean any changes in the supporting
members of a building such as foundations, bearing walls, columns,
beams, floor or roof joists, girders or rafters, or changes in roof
or exterior lines.
(Ord. 9060 § 270)
"Structure" means anything constructed or erected which requires
location on the ground or attached to something having a location
on the ground, but not including fences or walls used as fences six
feet or less in height. All buildings are structures.
(Ord. CS-050 § II, 2009)
See "Nonconforming lot."
(Ord. 9060 § 269; Ord. CS-050 § II, 2009)
"Supportive housing" means housing with no limit on length of
stay that is occupied by the target population (as defined in Government
Code Section 65582) 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 housing
is a residential use and is subject to only those restrictions that
apply to other residential uses of the same type in the same zone.
(Ord. CS-191 § III, 2012; Ord. CS-249 § I, 2014)
"Tattoo parlor" means any place of business that engages in
tattooing persons by any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin with ink
or colors, by the aid of needles or instruments.
(Ord. 9527 § 2, 1979)
"Time-share project" means a project in which a purchaser receives
a right in perpetuity, for life, or for a term of years to the recurrent
exclusive use or occupancy of a lot, parcel, unit or segment of real
property annually or on some other periodic basis, for a period of
time that has been, or will be, allotted from the use or occupancy
periods onto which the project has been divided.
(Ord. 9663 § 1, 1983)
The verb "to place" and any of its variants as applied to advertising
displays and outdoor advertising structures, includes maintaining,
erecting, constructing, posting, painting, printing, nailing, glueing
or otherwise fastening, affixing or making visible in any manner whatsoever.
(Ord. 9060 § 271)
"Transitional housing" means rental housing 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. Transitional housing is a residential use and is subject to
only those restrictions that apply to other residential uses of the
same type in the same zone.
(Ord. CS-191 § IV, 2012; Ord. CS-249 § II, 2014)
"Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045.
(Ord. NS-180 § 8, 1991; Ord. NS-204 § 3, 1992; Ord. CS-045 § VI, 2009)
"Use" means the purpose for which land or building is arranged,
designed or intended, or for which either is or may be occupied or
maintained.
(Ord. 9060 § 274)
"Useable living area" means the area of a building intended
for habitation and/or use by the building's occupants.
(Ord. NS-180 § 9, 1991; Ord. NS-204 § 4, 1992)
"Veterinarian and small-animal hospital" means a place of business
operated by a qualified veterinarian for the treatment of small domestic
animals, where boarding, training and grooming of animals are only
incidental to such treatment.
(Ord. 9502 § 3, 1978)
"Wet bar" means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain:
1.
Gas lines or electrical wiring exceeding one hundred and ten volts
that could power cooking appliances including, but not limited to:
stoves or stovetops, built-in grills, ovens (gas or electric); microwave
ovens or similar appliances.
3.
A sink or rough-in space for a sink with a waste line drain exceeding
one and a half inches in diameter, a depth of eighteen inches or an
overall size of two square feet.
4.
Cabinetry or counter space exceeding eight lineal feet.
(Ord. CS-243 § 3, 2014)
"Wireless communication facility" means any component, including
antennas and all related equipment, buildings and improvements for
the provision of personal wireless services defined by the Federal
Telecommunications Act of 1996 and as subsequently amended. Personal
wireless services include but are not limited to, cellular, personal
communication services (PCS), enhanced specialized mobile radio (ESMR),
paging, ground-based repeaters for satellite radio services, micro-cell
antennae and similar systems which exhibit technological characteristics
similar to them.
(Ord. NS-675 § 7, 2003; Ord. NS-791 § 31, 2006)
"Yard" means an open space other than a court on a lot, unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this title.
(Ord. 9060 § 275)
"Front yard" means an area extending across the full width of
the lot and lying between the front lot line and a line parallel thereto,
and having a distance between them equal to the required front yard
depth as prescribed in each zone. Front yards shall be measured by
a line at right angles to the front lot line, or by the radial line
in the case of a curved front lot line. When a lot lies partially
within a planned street indicated on a precise plan for such a street,
and where such planned street is of the type that will afford legal
access to such lot, the depth of the front yard shall be measured
from the contiguous edge of such planned street in the manner prescribed
in this definition.
(Ord. 9060 § 276)
"Rear line of the required front yard" means a line parallel
to the front lot line and at a distance therefrom equal to the depth
of the required front yard and extending across the full width of
the lot.
(Ord. 9060 § 277)
"Side yard" means a yard between the main building and the side
lot lines extending from the rear line of the required front yard,
or the front lot line where no front yard is required, to the rear
line of the main building, or the rear line of the rearmost building
if there is more than one, the width of which side yard shall be measured
horizontally from, and at right angles to, the nearest point of a
side lot line towards the nearest part of a main building.
(Ord. 9060 § 278)
"Private zoo" means any lot, building, structure, enclosure
or premises whereupon or wherein are kept by any person, other than
a municipal corporation, the United States, the State of California,
or any political subdivision thereof, two or more wild animals, whether
such keeping is for pleasure, profit, breeding or exhibiting, and
including places where two or more wild animals are boarded, kept
for sale or kept for hire.
(Ord. 9501 § 1, 1978)
