Unless the provision or context otherwise requires, the definitions
of words and terms as follows shall govern the construction of this
title:
"Abandoned vehicle"
means a vehicle (as defined in the
Vehicle Code) which is
located on public or private property without the expressed or implied
consent of the property owner or person in lawful possession or control
of the property which has been deserted for a period of 72 or more
consecutive hours or within 24 hours if any portion of the street
and/or highway is necessary for cleaning, repair or construction of
the highway, or for the installation of underground utilities, and
signs giving notice that the vehicle may be removed are erected or
placed at least 24 hours prior to the removal of the vehicle.
"Abut"
means to touch physically, border upon, or share a common
property line with. Lots which touch at corners only shall not be
deemed abutting. "Adjoining" and "contiguous" shall mean the same
as abutting.
"Access"
means the place or way by which pedestrians and/or vehicles
shall have safe, adequate, usable ingress and egress to a property
or use.
"Accessory dwelling unit (ADU),"
defined by
Government Code Section 65852.2 and as updated
by state law, means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one
or more persons and is located on a lot with a proposed or existing
primary residence. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated. An accessory
dwelling unit also includes the following:
2.
A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
"Accessory dwelling unit, junior (JADU),"
defined by
Government Code Section 65852.22 and as updated
by state law, means a unit that is no more than 500 square feet in
size and contained entirely within a single-family residence. A junior
accessory dwelling unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
"Accessory structure"
means a detached structure, not including an accessory dwelling
unit, located upon the same lot as the building or use to which it
is accessory, and the use of which is customarily incidental, appropriate
and subordinate to the use of the principal building or to the principal
use of the lot.
"Accessory use"
means a use customarily incidental, appropriate and subordinate
to the principal use of land or buildings located upon the same lot.
"Activity space"
means an area that is allowed to set back further than the
building frontage requirement within a mixed-use zone that is used
as outdoor gathering area, dining, plaza, or similar pedestrian oriented
activities for adjacent uses.
"Agriculture"
means farming, including animal husbandry and the production
and management of crops (including aquatic crops) for food, fiber,
fuel and ornament.
"Airfields, landing pads and strips"
means aircraft landing strips or heliports for agricultural
crop dusting or personal use of the property owner or tenants, not
available for public use, and with no commercial operations.
"Aircraft"
means and includes helicopters, all fixed-wing airplanes,
gliders, hang-gliders and ultra-light aircraft.
"Alcohol"
means ethyl alcohol, hydrated oxide of ethyl or spirits of
wine, from whatever source or by whatever process is used to produce
the ethyl alcohol. See also
Business and Professions Code Section
23003.
"Alcoholic beverage"
means a beverage which contains alcohol (ethanol), which
is fermented and may include wine, beer, distilled spirits or liquor,
made from grains, fruit, sugar or other ingredients.
"Alley"
means a thoroughfare not more than 30 feet wide, other than
a public road or street, permanently reserved as a secondary means
of access to abutting property.
"Amortize"
means to require the termination of (a nonconforming use
or structure) at the end of a specified period of time.
"Amusement and recreational facilities"
mean any facilities primarily designed for recreation such
as, but not limited to, auditoriums, billiard and pool establishments,
bowling alleys, community centers, dancehalls, golf driving ranges,
indoor motion picture theaters, miniature golf, parks and playgrounds.
"Animal husbandry"
means a branch of agriculture for the raising or nurturing
and management of animals, including breeding, pasturing, ranching
and sales of animals.
Animals, Farm.
"Farm animals" mean and include horses, mules, burros, jacks,
jennies, cows, bulls, calves, heifers, sheep, lambs, llamas, alpacas,
goats, swine, hogs, pigs and miniature specimens of these animals
(with the exception of any miniature horse which shall not exceed
a height of 38 inches in accordance with the American Miniature Horse
Association's regulations for Class B horses), and pot-bellied pigs
(not to exceed a weight of 110 pounds, which are treated as household
pets), or other such animals as determined by the director of community
development.
Animals, Pet.
"Pet animals" mean small, domesticated animals, excluding
dogs and cats, including, but not limited to, birds, guinea pigs,
rats, mice, chinchillas, other small rodents and rabbits, reptiles,
amphibians, and fish which are customarily kept for pleasure. Pet
animals shall not include working animals, livestock, laboratory animals,
or other animals kept or raised for commercial purposes (for example,
animal boarding).
"Animal shelter or animal rescue"
means a location or premises where temporary or permanent
housing of animals are kept by a local agency or nonprofit where animals
may be adopted or cared for by operator. Animal shelters or rescues
may provide veterinarian care and kenneling services.
Animals, Wild.
"Wild animals" mean animals which are wild by nature and
not customarily domesticated in Ventura County. This definition does
not include birds, small rodents or small, nonpoisonous reptiles commonly
used for educational or experimental purposes, or as pets.
Antenna, Ground Mounted.
"Ground mounted antenna" means a device for transmitting
or receiving radio waves which rests on or is located in or anchored
to the ground. "Ground mounted antenna" includes antennas supported
by guy wires and similar mechanisms.
Antenna, Roof Mounted.
"Roof mounted antenna" means a device for transmitting or
receiving radio waves which rests on or is located on the roof of
any structure.
"Apiculture"
means beekeeping, which includes one or more hives or boxes
occupied by bees (hives or boxes include colonies), but does not include
honey houses, extraction houses, warehouses or appliances.
"Application requests"
mean and include, but are not limited to, filings for zoning
clearances, permits, variances, appeals, suspensions, modifications
and revocations, interpretations, amendments and zone changes.
"Arcade"
means a commercial amusement establishment containing four
or more game machines, electronic or otherwise, or similar amusement
devices.
"Athletic field"
means a level, open expanse of land intended to be used for
organized team sports such as baseball, football and soccer.
"Automobile impound yard"
means a building or premises for the storage of motor vehicles,
such as impounded or repossessed vehicles, where such vehicles are
intended to be stored for more than a 24 hour period. This definition
shall not include automobile wrecking or salvage in any form.
"Automobile service station"
means a commercial activity, both retail and service in character,
engaged in dispensing automotive fuels and motor oil; the sale and
service of tires, batteries and other automobile accessories and replacement
items; and washing and lubrication services. Activities associated
with service stations do not include body and fender repair, painting
or major motor repairs. This also includes such aforementioned facilities
that are in conjunction with a mini-market.
"Aviary"
means any place where more than 25 domestic birds are kept
outside of a dwelling.
"Banquet or event facility"
means a place where the public may gather to dance, meet,
engage in catered dining or other types of gathering. Such facilities
may be used for banquets, dance hall, weddings, etc.
"Bathroom"
means a sink, a toilet, and a bathtub or shower.
"Bed and breakfast inn"
means a dwelling unit with one family in permanent residence
wherein one to five sleeping rooms, and one or more meals, are offered
for compensation to overnight guests.
"Belt course"
means a projection of masonry or similar material around
a building or part of a building, which is attached to the building.
Boarding, Animal.
"Animal boarding" means a facility for the overnight or long-term
housing of animals for commercial purposes. Not related to the personal
keeping of animals as pets.
"Boarding house"
means a residence or dwelling, other than a hotel, wherein
three or more rooms, with or without individual or group cooking facilities,
are rented to individuals under separate rental agreements or leases,
either written or oral, whether or not an owner, agent, or rental
manager is in residence.
"Borrow area"
means an area where soil, sand, gravel or rock is extracted
and removed for use as fills, grades or embankments on property of
a different ownership or noncontiguous property of the same ownership.
"Building"
means any structure having a roof supported by columns or
walls and intended for the shelter, housing or enclosure of persons,
animals, chattel or property of any kind.
"Business services"
mean uses such as advertising agencies, blueprinting and
photocopying, computer and data processing services, coupon and trading
stamp redemption services, drafting services, employment agencies,
laminating of photographs, packaging services and telephone answering
services.
"Cabana"
means a lightweight shelter containing an open side.
"Camp"
means a rural facility with permanent structures for overnight
accommodation and accessory structures and buildings, which is used
for temporary leisure, recreational or study purposes, and provides
opportunities for the enjoyment or appreciation of the natural environment.
"Campground"
means a rural facility without permanent structures for overnight
accommodation, but with limited accessory structures and buildings,
which is used for temporary leisure or recreational purposes and provides
opportunities for the enjoyment or appreciation of the natural environment.
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from cannabis.
It does not include either of the following:
2.
The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination.
"Caretaker"
means an employee who must be on the property for a substantial
portion of each day for security purposes or for the vital care of
people, plants, animals, equipment or other conditions of the site,
and who does not have a possessory interest in the property.
"Carpool"
means a vehicle occupancy of two or more persons aged 16
years or older commuting to or from work and/or school.
"Chain store"
means any type of retail sales activity and/or retail service
activity conducted within a retail establishment which, along with
10 or more existing operational retail establishments in the world,
maintains two or more of the following features: (1) standardized
array of merchandise or menu; (2) standardized color scheme; (3) standardized
decor; (4) standardized façade; (5) standardized layout; (6)
standardized sign, service mark, or trademark; or (7) uniform apparel.
"Chemicals"
mean and include such compounds as adhesives, explosives,
fertilizers, industrial gases, ink, lacquer, paints, pesticides, pigments
and dyes, sealants, shellac, synthetic fibers, synthetic resins, synthetic
rubber, thinners and varnishes.
"Color scheme"
means the selection of colors used throughout, such as on
the furnishings, wall coverings, or as used on the façade.
Standardized lighting is considered part of the color scheme.
"Commercial cannabis activity"
includes the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products, and includes the
activities of any business licensed by the state under Division 10
of the
Business and Professions Code.
"Commercial vehicle"
means a vehicle of a type required to be registered under
the provisions of the California
Vehicle Code and used or maintained
for the transportation of persons for hire, compensation or profit
or designed, used or maintained primarily for transportation of property.
"Communications facilities"
mean and include such uses and structures as radio and television
transmitting and receiving antennas, radar stations and microwave
towers.
"Community care facility,"
as defined in
Health and Safety Code Section 1502, means
any facility, place, or building that is maintained and operated to
provide nonmedical residential care, day treatment, adult daycare,
or foster family agency services for children, adults, or children
and adults, including, but not limited to, the physically handicapped,
mentally impaired, incompetent persons, and abused or neglected children,
and includes facilities in accordance with the
Health and Safety Code
and other California Codes as may be amended over time.
"Community center"
means a meeting place where people living in the same community
may carry on cultural, recreational or social activities, but excluding
any facility operated as a business or for commercial purposes.
"Commuter"
means any person who regularly travels by vehicle to or from
work or school.
"Compatible use (T-P zone)"
means any use which does not significantly detract from the
use of the property for, or inhibit, the growing and harvesting of
timber. "Compatible use" includes the accessory retail sale of Christmas
trees.
"Conference center/convention center"
means an urban facility for the assembly of persons for study
and discussion, which includes permanent structures for dining, assembly
and overnight accommodation.
"Contractor's service and storage yard"
means an open area, which may include garages and sheds,
for the storage of vehicles, equipment and materials which are associated
with a contracting business or operation, where sales, manufacturing
and processing activities are specifically excluded.
"Day care educational facility"
means a day care facility which provides the children with
formal training to stimulate or develop the mental or moral growth
of the children.
"Day care facility"
means any type of licensed group day care program, including
care of the developmentally disabled, nurseries for children of working
parents, nursery schools for children under school age, parent cooperative
nursery schools, play groups for preschool children or programs covering
before and/or afterschool care for school children (also see definition
for "family day care home").
Decision, Administrative.
"Administrative decision" means any decision made by the
director of community development, or his or her designee.
Decision, Discretionary.
"Discretionary decision" means a decision requiring the exercise
of judgment, deliberation or decision on the part of the decision-making
authority in the process of approving or disapproving a particular
activity, as distinguished from situations where the decision-making
authority merely has to determine whether there has been conformity
with applicable statutes, ordinances or regulations.
"Decision-making authority"
means an individual or body vested with the authority to
make recommendations or act on application requests. The final decision-making
authority is the one which has the authority to act on a request by
approving or denying it. This may include the director of community
development or designee, the planning commission, or the city council.
Decision, Ministerial.
"Ministerial decision" means decisions approved by a decision-making
authority based upon a given set of facts in a prescribed manner in
obedience to the mandate of legal authority. In these cases, the authority
must act upon the given facts without regard to its own judgment or
opinion concerning the propriety or wisdom of the act although the
statute, ordinance or regulation may require, in some degree, a construction
of its language by the decision-making authority.
"Decor"
means the style of interior finishes such as the style of
furniture, wall coverings, or permanent fixtures.
"Denial without prejudice"
means denial of an application request based on the desire
or intent of the decision-making authority to not form an adverse
opinion or judgment formed beforehand or without full knowledge or
complete examination of the facts.
"Denial with prejudice"
means denial of an application request based on the desire
or intent of the decision-making authority to limit the filing of
requests to use a specific property or structure for a specific use.
When an application is denied with prejudice, it is usually because
two or more similar applications on the same property have recently
been denied by the same decision-making authority.
"Development project"
means any activity which requires approval by the city resulting
in the issuance of grading, building, plumbing, mechanical, or electrical
permits, or certificates of occupancy to construct or change the use
of a building, or property for residential, commercial, mixed, and/or
industrial use.
"Development project, major"
means any project that accounts for over 100,000 square feet
of nonresidential development and/or 200 residential units.
"Development project, minor"
means any project that accounts for less than 100,000 square
feet of nonresidential development and/or less than 200 residential
units.
"Disability"
means the same as that term is defined in the Fair Housing
Laws.
"Disabled person" or "individual with a disability"
means a person who has a physical or mental impairment that
limits or substantially limits one or more major life activities,
anyone who is regarded as having such impairment, or anyone who has
a record of such impairment, as those terms are defined in the Fair
Housing Laws. This term does not include impairments, disorders or
conditions resulting from the current, illegal use of, or addiction
to, a controlled substance, sexual behavior disorders, compulsive
gambling, kleptomania, or pyromania.
"Domestic birds"
mean finches, myna birds, parrots and similar birds of the
psittacine family, pigeons, doves, ravens and toucans.
Drilling, Temporary Geologic.
"Temporary geologic drilling" means bona fide temporary search
and sampling activities which, in the case of oil-related testing,
use drilling apparatus smaller than that used in oil production. Excluded
from this definition is soil testing for wells, foundations, septic
systems and similar construction.
"Dwelling"
means a building or portion thereof designed or occupied
exclusively for residential purposes.
Dwelling, Caretaker.
"Caretaker dwelling" means a dwelling unit used by a caretaker,
and his or her family, employed and working on the premises.
"Dwelling, Employee Housing.
"Employee housing dwelling" means a residential structure
providing accommodations for six or fewer farmworkers pursuant to
Health and Safety Code Section 17008. Facilities serving six or fewer
employees shall be allowed by right in all zones allowing residential
uses subject to the same development standards, permits and fees applicable
to a residence in the same zone consistent with Health and Safety
Code Section 17021.5.
Dwelling, Farm Worker.
"Farm worker dwelling" means a dwelling unit used by a farm
worker, and his or her family, employed and working on or hired from
the premises.
Dwelling, Multifamily.
"Multifamily dwelling" means a building, or portion of a
building, containing three or more dwelling units.
Dwelling, Single-Family.
"Single-family dwelling" means a detached building constructed
in conformance with the Uniform Building Code, or a mobilehome constructed
on or after June 15, 1976, containing one dwelling unit.
"Dwelling unit"
means one or more rooms providing complete independent living
facilities for one family, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
"Emergency shelter"
means housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless
person, and where no individual or household may be denied emergency
shelter because of an inability to pay.
"Energy production from renewable sources"
means any facility or installation such as a windmill, hydroelectric
unit or solar collecting or concentrating array, which is designed
and intended to produce energy from natural forces such as wind, water,
sunlight or geothermal heat, or from biomass, for off-site use.
"Energy storage"
means a device or group of devices capable of storing energy
for use at a later time. Energy storage devices may be referred to
as batteries or other physical or chemical storage methods.
"Expansion"
means increasing the area or volume occupied by or devoted
to a use, increasing the living space or occupant capacity of a structure,
or adding uses or structures accessory to a nonresidential use or
structure. The following are not considered to be expansion: the addition
of unenclosed porches, patio covers and the like; one enclosed addition
of not more than 30 square feet to a dwelling; and the addition of
detached accessory structures not for human habitation as accessory
to a dwelling.
"Façade"
means the face of the front of a building or tenant space
oriented onto a street or public open space. Awnings are considered
part of the façade.
"Factory-built housing,"
as defined in
Health and Safety Code Section 19971, is a
residential building, dwelling unit, or an individual dwelling room
or combination of rooms thereof, or building component, assembly,
or system manufactured at an off-site location to be assembled on-site
in accordance with the
California Building Standards Code and other
regulations pursuant to state law. Factory-built housing does not
include a mobilehome, recreational vehicle, or commercial modular.
Factory-built housing may be installed where other similar types of
dwelling units are zoned and without a use permit in residential areas.
"Fair Housing Laws"
means the Fair Housing Act (42 U.S.C. Section 3601 et seq.),
the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.),
and the California Fair Employment and Housing Act (California Government
Code Section 12900 et seq.), as these statutes now exist or may be
amended from time to time, and the implementing regulations for each
of these statutes.
"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.
"Family day care home (small)"
means a home which generally provides care, protection, and
supervision of up to eight children, including children under the
age of 10 years in the provider's own home, for periods of less than
12 hours per day, while the parents or guardians are away.
"Family day care home (large)"
means a home which generally provides care, protection, and
supervision of up to 14 but no less than seven children, including
children under the age of 10 years in the provider's own home, for
periods of less than 12 hours per day, while the parents or guardians
are away.
"Fence"
means an unroofed vertical structure which is intended primarily
to serve as a visual screen or as a physical enclosure around a building
or yard area for security, containment or privacy, or to indicate
a boundary. This definition includes hedges, thick growths of shrubs,
and walls used as screens, but does not include windbreaks for the
protection of orchards or crops, or city-approved enclosures for the
containment of wild animals.
Fence, See-Through.
"See-through fence" means a chain link fence or any other
type of fence that permits at least 50% open visibility throughout
the fence.
"Festivals and similar events"
mean events such as amusement rides, animal events, art shows,
concerts, craft fairs, itinerant shows and religious revival meetings.
"Firewood operation"
means any commercial operation involving the cutting, sawing
or chopping of wood in any form for use as firewood on property other
than that on which the operation is located, irrespective of where
such wood is grown.
"Fish farm"
means any lot or premises where aquatic animals, including
mollusks and crustaceans, are raised commercially in an area not enclosed
by a building.
"Floor area ratio (FAR)"
means the numerical value obtained through dividing the above
ground floor area of a building or buildings by the total area of
the lot or parcel of land on which such building or buildings are
located.
"For-sale"
means and refers to any separately conveyable dwelling unit,
including a condominium, stock cooperative, community apartment, or
attached or detached single-family home, for which a parcel or tentative
and final map is required for the lawful subdivision of the parcel
upon which the dwelling unit is located or for the creation of the
unit in accordance with the city's Subdivision Code, California Subdivision
Map Act (
Government Code Section 66410 et seq.) after compliance with
the applicable requirements of the Subdivided Lands Act (California
Business and Professions Code Section 11000 et seq.) listed in the
inclusionary housing guidelines for any residential development including
such for-sale dwelling units.
"For-sale residential development"
means any residential development that includes the creation
of residential dwelling units that may be sold individually. A residential
ownership development also includes condominium conversions.
"Garden, community"
means privately or publicly owned land used for the cultivation
of fruits, vegetables, plants, flowers, or herbs by multiple users.
Community gardens may be divided into separate plots for cultivation
by one or more individuals or may be farmed collectively by members
of the group and may include common areas maintained or used by group
members for noncommercial purposes.
"Garden, home"
means property of a single-family or multifamily residence
used for the cultivation of fruits, vegetables, plants, flowers, or
herbs by the residents of the property, and guests of the property
owner.
"General plan consistency"
means compatibility and agreement with the general plan of
the city of Moorpark. Consistency exists when the standards and criteria
of the city general plan are met or exceeded.
"Government building"
means a building, structure or other facility operated by
a legally constituted federal, state or local government authority,
excluding a waste treatment facility.
"Government use"
means, but is not limited to, city offices, community rooms,
fire stations, human services centers, libraries, police stations,
public utility facilities.
"Grade"
means adjacent ground level. For purposes of building height
measurement, "grade" is the average of the finished ground level at
the center of all walls of a building, or other datum point established
by the division of building and safety.
"Greenhouse"
means a building, typically consisting of primarily glass
or plastic windows, in which plants are grown. Minimum property line
setbacks shall be 20 feet.
"Greenhouse (medium)"
means a greenhouse with a total floor gross area between
1,000 square feet and 20,000 square feet.
"Greenhouse (large)"
means a greenhouse with a total floor gross area greater
than 20,000 square feet.
"Green industry"
means the manufacture of equipment, accessories, or components
of products known to reduce energy consumption such as solar panels
or wind turbines, or that use recycled and/or repurposed materials
to create new products.
"Gross floor area"
means the area included within the surrounding exterior walls
of all floors or levels of a building or portion thereof, exclusive
of vent shafts and courts.
"Gun club"
means any building or premises where there are facilities
of any sort for the firing of handguns, rifles or other firearms.
"Gymnasium"
means an indoor recreational or athletic facility for such
uses as aerobics, gymnastics, racquetball, swimming, skating rinks,
tennis and table tennis, trampoline operations and weight training;
but not including amusement and recreational facilities as defined
in this chapter.
"Hazardous material"
means a substance, or combination of substances, which, because
of its quantity or concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious, irreversible or incapacitating,
reversible illness; or may pose a substantial present or potential
hazard to human health or to the environment when improperly used,
handled, treated, stored, transported, disposed of or otherwise managed.
A material may be judged as hazardous if it is corrosive, reactive,
ignitable or toxic.
"Hazardous waste"
means a waste, or combination of wastes, which because of
its quantity, concentration, or physical, chemical or infectious characteristics
may do either of the following:
1.
Cause or significantly contribute to an increase in mortality
or increase serious irreversible, or incapacitating reversible illness;
2.
Pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported or disposed
of, or otherwise managed.
Unless expressly provided otherwise, the term "hazardous waste"
shall be understood to also include extremely hazardous waste and
acutely hazardous waste. (Reference: Section 25117 California Health
and Safety Code.)
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"Hazardous waste facility"
means all contiguous land and structures, other appurtenances,
and improvements on the land used for the treatment, transfer, storage,
resource recovery disposal or recycling of hazardous waste. A hazardous
waste facility may consist of one or more treatment, transfer, storage,
resource recovery, disposal, or recycling hazardous waste management
units, or combinations of those units. (Reference: Section 25117 California
Health and Safety Code.)
"Height"
means the vertical distance from the adjacent grade to the
highest point of that which is being measured.
"Height, Building.
"Building height" means the vertical distance from the grade
to the highest point of a flat roof or mansard roof, or, in the case
of a pitched or hip roof, to the "averaged midpoint," which is arrived
at by the drawing of two imaginary lines between the finished main
ridgeline peak and the top of the two exterior finished walls running
parallel to the main ridgeline, adding together the vertical heights
of the midpoints of these two imaginary lines, and dividing the result
by two. The height of an A-frame structure is the vertical distance
from the grade or other datum point to the peak of the roof.
"High fire hazard areas"
mean certain areas in the unincorporated territory of the
county classified by the county fire protection district and defined
as any areas within 500 feet of uncultivated brush, grass or forest-covered
land wherein authorized representatives of said district deem a potential
fire hazard to exist due to the presence of such flammable material.
"Home occupation"
means any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the structure for dwelling purposes, and
which does not change the character thereof or does not adversely
affect the uses permitted in the zone of which it is a part.
"Home schooling"
means home teaching, home independent study, and individual
instruction as defined by the
Education Code, only involving provision
of such services to residents of the property.
"Hospital"
means a licensed institution providing in-patient care or
overnight accommodations for persons with illnesses, injuries, or
other conditions, physical or mental, calling for medical treatment
or observation, including one or more of the following basic services:
anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation
or surgery.
"Hotel"
means a building with one main entrance, or a group of buildings,
containing guest rooms where overnight lodging with or without meals
is provided for compensation.
"Inclusionary unit"
means a dwelling unit that must be offered at affordable
rent or affordable ownership cost, as applicable, to extremely low,
very low, low, or moderate income households and where required, remain
in effect for a specified time period, subject to other conditions
and monitored by the city or its designee.
"Industrial hemp"
means a fiber or oilseed crop, or both, that is limited to
types of the plant Cannabis sativa L. having no more than three-tenths
of one percent (0.3%) tetrahydrocannabinol (THC) contained in the
dried flowering tops, whether growing or not; the seeds of the plant;
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin produced therefrom.
"Industrial hemp product"
means any item, or good, including foods and beverages, personal
care products, nutritional supplements, fabrics and textiles, paper,
construction materials, and other manufactured and industrial goods,
produced with and containing any amount of industrial hemp.
"Industrial hemp product retail sales"
means any person or business selling or offering to sell,
or to otherwise convey or exchange for any form of consideration,
industrial hemp product. Where the sale of such products is customary,
incidental, and subordinate to the principal use of the use, the use
will be considered accessory.
"Inhabit"
means to occupy as a place of residence, to include cooking
or sleeping within.
"In-lieu fee"
means a fee paid by an applicant, owner or developer into the inclusionary fee fund in lieu of providing on-site inclusionary housing as otherwise required by Section
17.24.065.
"Inoperative vehicle"
means a vehicle which is not fully capable of movement under
its own power or is not licensed or registered to operate legally
on a public right-of-way. Tractors and similar farm vehicles that
are used on a lot containing an established agricultural operation
and are capable of movement under their own power are not considered
to be inoperative vehicles.
"Institutional/public uses"
mean and include public facility uses including government
buildings, libraries, fire stations, nonprofit organization buildings
and community service centers, but excludes jail facilities.
"Intermediate care facility"
means a health facility which provides inpatient care to
ambulatory or nonambulatory patients who have a recurring need for
skilled nursing supervision and need supportive care, but who do not
require continuous skilled nursing care. The term "intermediate care
facility" shall include intermediate care/developmentally disabled
facilities for seven or more persons, nursing homes for seven or more
persons, rest homes and convalescent homes.
"Kennel (or cattery)"
means any lot or premises where dogs or cats of at least
four months of age are kept, boarded, bred or trained, whether in
special buildings or runways, kept for commercial purposes and not
kept as pets by the occupant of the premises. Intended for the keeping
of domestic dogs and cats. Kenneling may occur overnight or on a daily
basis.
"Laundry service—heavy"
means establishments primarily engaged in the process of
laundering, dry cleaning or dyeing clothes or other materials. These
services are typically provided for hospitals, restaurants, and other
retail or service providers and are not services available to the
general public.
"Laundry service—light"
means establishments primarily engaged in the process of
laundering, dry cleaning or dyeing clothes or other materials. Typical
uses include dry cleaning stores.
"Layout"
means the interior arrangement of furniture, service area,
or permanent fixtures.
"Liquor store"
means a retail store selling primarily alcoholic beverages
for off-site consumption.
"Lot"
means an area of land having fixed boundaries.
"Lot area"
means the total area, measured in a horizontal plane, within
the lot lines of a lot.
Lot, Corner.
"Corner lot" means a lot situated at the intersection of
two or more streets or highways.
"Lot depth"
means the mean horizontal distance between the front and
rear lot lines, measured in the mean direction of the side lot lines.
Lot, Legal.
"Legal lot" means a lot which met all local subdivision ordinance
and Subdivision Map Act requirements when it was created, and which
can lawfully be conveyed as a discrete unit separate from any contiguous
lot; or a lot which has been issued a certificate of compliance or
conditional certificate of compliance pursuant to the Subdivision
Map Act and the city subdivision ordinance and which can lawfully
be conveyed as a discrete unit separate from any contiguous lot.
Lot Line.
1.
"Front lot line" means a line separating an interior lot from
a street, or a line separating the narrower street frontage of a corner
lot from the street, except for L-shaped lots.
2.
"Rear lot line" means:
a.
Rectangular lots: a lot line which is opposite and most distant
from the front lot line.
b.
Triangular and irregularly shaped lots: a line 10 feet long
within the lot, opposite and most distant from the front lot line,
which is parallel to the front lot line or parallel to the chord of
a curved front lot line, where such chord is drawn perpendicular to
the mean direction of lot depth.
3.
"Side lot line" means any lot boundary line which is not a front
lot line or a rear lot line.
Lot, Reverse Corner.
"Reverse corner lot" means a corner lot, the rear of which
abuts the side of another lot.
Lot, Through.
"Through lot" means a lot other than a corner lot having
frontage on two parallel or approximately parallel streets.
"Lot width"
means the distance between the side lot lines measured at
the front setback.
"Low barrier navigation center"
means a housing-first, low barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary
living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services, shelter,
and housing. "Low barrier" means best practices to reduce barriers
to entry, and may include, but is not limited to, the following: (1)
the presence of partners if it is not a population-specific site,
such as for survivors of domestic violence or sexual assault, women,
or youth; (2) pets; (3) the storage of possessions; and (4) privacy,
such as partitions around beds in a dormitory setting or in larger
rooms containing more than two beds, or private rooms.
"Low income household"
means a household whose annual income does not exceed the
qualifying limits for "lower income households" in California Health
and Safety Code Section 50079.5, as it may be amended from time to
time.
"Major life activity"
means any physical, mental, or social activity, such as the
operation of major bodily functions, seeing, hearing, eating, sleeping,
walking, standing, sitting, reaching, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating,
interacting with others, and working.
"Manufactured home"
means a structure, transportable in one or more sections,
built on a permanent chassis, and designed for use as a single-family
dwelling with or without a foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and
electrical systems in accordance with the standards established under
the National Manufactured Housing Construction and Safety Act of 1974
(42 U.S.C., Section 5401, et seq.). A "manufactured home" does not
include a "recreational vehicle." Such uses shall be allowed by right
in all zones allowing single-family dwellings.
"Manufacturing"
means including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section
17.20.030.
"Market rate unit"
means a new dwelling unit in a residential development that
is not an inclusionary unit and may be at any affordability level.
"Mechanical equipment"
means equipment, devices, and accessories, the use of which
relates to water supply, drainage, heating, ventilating, air conditioning,
and similar purposes. Mechanical equipment means electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service
facilities (including ductwork).
"Medicinal cannabis"
means medicinal cannabis or medicinal cannabis products,
as those terms are defined in Section 26001 of the Business and Professions
Code.
"Medicinal cannabis business"
means a retailer authorized to engage in the retail sale
by delivery of medicinal cannabis to medicinal cannabis patients pursuant
to a medicinal license (M-license) issued by the state of California.
"Medicinal cannabis patient"
means a qualified patient, as defined in Section 11362.7
of the
Health and Safety Code, who possesses a physician's recommendation
that complies with Article 25 (commencing with Section 2525) of Chapter
5 of Division 2, or a qualified patient or primary caregiver for a
qualified patient issued a valid identification card pursuant to Section
11362.71 of the
Health and Safety Code.
"Mineral resource development"
means the exploration for or extraction of surface or subterranean
compounds and materials; this includes oil and gas exploration and
production, and the mining of metallic and nonmetallic minerals, sand,
gravel and rock.
"Mining"
means a form of mineral resource development involving the
extraction and removal of more than 1,000 cubic yards of material
from the same site, or from separate lots within one mile of each
other that are owned or mined by the same person, through such activities
and uses as borrow areas, sand, gravel and rock quarries, etc. "Mining"
does not include extraction and removal of material from construction
sites or following floods, landslides or natural disasters where the
land is being restored to its prior condition.
"Mining, accessory uses"
mean uses customarily incidental, appropriate and subordinate
to mining located on the same site, such as stockpiling, sorting,
screening, washing, crushing, batching and maintenance facilities.
"Mining, public works maintenance"
means mining, and its accessory uses, for periods of less
than nine months, which have been declared in writing by the public
works agency to be under its administrative control and which is necessary
to alleviate immediate or foreseen threats to public health and safety,
or the preservation of public facilities and structures. Said uses
include such operations as cleaning out and aligning of channels and
floodways, removing material to avert potential landslides, and accessory
processing such as stockpiling, sorting, screening, washing, crushing
and batching of on-site material.
"Mixed use, horizontal"
means development that allows for a combination of different
uses within the same building or side-by-side on the same property
or adjacent property, such as a commercial business adjacent to a
residential use.
"Mixed use, vertical"
means development that allows for a combination of different
uses within the same building, such as a commercial business occupying
lower floors while the upper floors are reserved for housing.
"Mobilehome"
means a structure, transportable in one or more sections,
which when erected on-site measures eight body feet or more in width
and 32 body feet or more in length, and which is built on a permanent
chassis and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained
therein.
"Moderate income household"
shall have the definition given in California Health and
Safety Code Section 50093(b), as it may be amended from time to time.
"Motel"
means one or more buildings containing guest rooms with one
or more such rooms or units having a separate entrance providing entry
directly from the outside of the building or from an inner court.
Such facilities are designed, 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. "Motel" includes auto courts, motor
lodges and tourist courts.
"Motion picture and television production"
means all uses related to the production of motion pictures
and television film and tape, including motion picture and television
stages; exterior sets; laboratories; construction, repair and storage
facilities; caretaker and temporary housing; all vehicles used to
transport this equipment and other related commercial vehicles; and
accessory fabrication activities.
"Nonconforming structure"
means a structure or portion thereof which was lawfully erected
or altered and maintained, which, solely because of revisions in development
standards of this title dealing with lot coverage, lot area per structure,
height and setbacks, no longer conforms.
"Nonconforming use"
means a use which was lawfully established and maintained
but which, because of the application of this title: (1) is no longer
permitted in the zone in which it is located; or (2) is no longer
in conformance with the parking requirements of the use in the zone
in which it is located.
"Oil and gas exploration and production"
means the drilling, extraction and transportation of subterranean
fossil gas and petroleum, and necessary attendant uses and structures,
but excluding refining, processing or manufacturing thereof.
"Outdoor or open storage"
means the placement or keeping of materials, equipment or
other items in an area not fully enclosed by the walls of a building.
Outdoor or open storage may apply generally to stored equipment, goods,
storage or cargo containers, wares or materials for sale or for use
in manufacturing or other use or for the personal use of a resident.
Temporary movement of goods or wares is not considered storage unless
the materials remain for more than 12 hours in the same general area.
Parcel.
For the purposes of this title, the word "parcel" shall have
the same meaning as the word "lot" and the two words shall be synonymous.
"Park"
means an area of land available for public use, at least
75% of which is landscaped or otherwise left in a natural state, and
which does not involve off-road motor vehicle uses of any kind.
"Parking lot"
means an off-street parking facility containing four or more
parking spaces.
"Periodic outdoor sporting events"
mean recreational events or activities, other than spectator-type
animal events, which require a natural environment, are carried on
by one or more organized groups of people, and do not involve structures,
motorized vehicles, aircraft or firearms.
"Person"
means any individual, organization, partnership, or other
business association or corporation, including any utility, and any
federal, state, local government, or special district or an agency
thereof.
"Personal goods"
mean items such as bristle goods, umbrellas, grooming items
and tobacco paraphernalia.
"Personal service establishment"
means an establishment primarily engaged in providing individual
services generally related to personal needs such as barber shops,
beauty salons and spas, personal laundry and dry-cleaning establishments,
pet grooming, and photography studios. These uses may also include
accessory retail sales of products related to the services provided.
"Petroleum refining"
means oil-related industrial activities involving the processing
and/or manufacture of substances such as: asphalt and tar paving mixtures;
asphalt and other saturated felts (including shingles); fuels; lubricating
oils and greases; paving blocks made of asphalt, creosoted wood and
other compositions of asphalt and tar with other materials; and roofing
cements and coatings.
"Photography studio"
means a fixed place of business where still photography activities
are regularly conducted upon the premises.
"Physical or mental impairment"
means any physiological disorder or condition and any mental
or psychological disorder, including, but not limited to, orthopedic,
visual, speech and hearing impairments, cosmetic disfigurement, anatomical
loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, intellectual disabilities (formerly
termed "mental retardation"), emotional or mental illness, learning
disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis,
and alcoholism and drug addiction (but not including current use of
illegal drugs). A temporary condition, such as a broken leg, pregnancy,
use of crutches, etc. does not qualify as a physical or mental impairment.
"Place of religious assembly"
means a place of assembly primarily used for the purpose
of religious worship, study, teaching, and related activities, including,
but not limited to, space for churches, classrooms, fellowship halls,
meeting rooms, libraries, mosques, offices, sanctuaries, synagogues,
and temples, and may include space for social services and similar
functions.
"Pony"
means a mature small horse or a young horse under 58 inches
high at the shoulder.
"Preliminary processing"
means basic activities and operations instrumental to the
preparation of agricultural goods for shipment to market, excluding
canning or bottling.
"Prepared industrial hemp ingredients"
means an industrial hemp food or ingredient, which is prepared
or processed off-site, which is incorporated into another product
not containing industrial hemp. Prepared industrial hemp ingredients
may include prepared CBD oil, hulled hemp seed, hemp fabric or other
similar product derived from industrial hemp.
"Private events"
means events typically reserved for invite-based attendees
and do not include a fee to attend.
"Private road or street"
means any road, street or thoroughfare of whatever nature,
privately maintained, which may or may not be open to the use of the
public for the purpose of vehicular travel.
"Produce stand"
means a detached accessory structure used to sell raw, unprocessed
fruits, vegetables, nuts and seeds, and flowers and ornamental plants.
"Public road or street"
means any road or street or thoroughfare of whatever nature,
publicly maintained and open to the use of the public for the purpose
of vehicular travel.
"Reasonable accommodation"
means a modification or exception to the standards, regulations,
policies and procedures contained in this title for the siting, development
and use of housing or housing-related facilities, that is necessary
to provide an individual with a disability the equal opportunity to
use and enjoy a dwelling.
"Recreational facility, private"
means indoor or outdoor, with or without food services, including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter
17.28.
"Recreational facility, public"
means a nonprofit or for profit, including, but not limited
to, athletic fields, bicycle and skate parks, community centers, golf
courses, gymnasiums, retreats, or riding stables. Public park and
recreation facilities are permitted in all zones.
"Recreational vehicle"
means a vehicle of any size which: (1) is self-propelled
or is towed by another vehicle; (2) is not designed to be used as
a permanent dwelling; and (3) has self-contained plumbing, heating
and electrical systems which may be operated without connection to
outside utilities. Recreational vehicles do not fall within the definition
of mobilehomes.
"Recreational vehicle park"
means any area of land developed primarily for temporary
use by recreational vehicles for which utility connections (sewer,
water, electricity) are provided.
"Rental residential development"
means any residential development or property under common
ownership and control that creates one or more net new dwelling units
that cannot be lawfully sold individually.
"Residential care facility"
means any family home, group care facility, or similar facility
determined by the director, for 24 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 defined by
Health and Safety Code and other California
Codes as may be amended over time.
"Residential development"
means any project for which an application has been submitted
to the city and where the residential development would create new,
additional, or modified dwelling units by:
1.
The construction or alteration of structures;
2.
The conversion of a use to residential from any other use; or
3.
The conversion of a use to for-sale residential from rental
residential use.
"Residential short-term rental unit"
means all or any portion of a residential dwelling unit (detached
or attached), or an accessory building or guest house, rented intermittently
for occupancy for residential purposes for periods of 30 consecutive
calendar days or less, counting portions of calendar days as full
days.
"Rest home"
means a licensed facility where lodging, meals, nursing,
dietary and other personal services are rendered for nonpsychiatric
convalescents, invalids and aged persons for compensation. Excludes
cases of contagious or communicable diseases, and surgery or primary
treatments such as are customarily provided in sanitariums and hospitals.
"Retail establishment"
means a commercial establishment that provides goods and/or
services directly or indirectly to the consumer such as general retail,
eating and drinking places, beauty, personal services, professional
office, amusement, health, fitness, and galleries.
"Retail trade"
means businesses such as auto supply stores, book and stationery
stores, camera shops, clothing and fabric stores, department and variety
stores, drugstores, florists, food stores, furniture stores, gift
and novelty shops, hardware and paint stores, home furnishings stores,
household appliance stores, jewelry stores, liquor stores, music stores,
newsstands, pet stores, shoe stores, sporting goods stores, toy and
hobby shops and used merchandise stores.
"Retreat"
means a facility which: (1) is operated by a nonprofit organization;
(2) provides opportunities for small groups of people to congregate
temporarily on a site for such purposes as education, enlightenment,
contemplation, renewal or solitude; and (3) by its nature, needs to
be located in a quiet, sparsely populated, natural environment.
"Riding stable"
means a facility where horses or other equine animals are
rented to members of the public for recreational purposes, where riding
lessons are offered for compensation to people other than the owners
of said animals, whether or not the riding occurs on the property
on which the animals are kept.
"Roof structures"
mean structures for the housing of elevators, stairways,
tanks, ventilating fans and similar equipment required to operate
and maintain the building; fire or parapet walls, skylights, towers,
flagpoles, chimneys, smokestacks, solar collectors, wireless masts,
T.V. antennas and similar structures.
"R zone"
means a zone classification under this title which contains
the letter "R" in its abbreviation, excluding overlay zones.
Schools, Boarding or Nonboarding.
"Boarding or nonboarding schools" mean educational facilities
for precollege levels of instruction; specifically limited to elementary,
junior high and high schools offering full curricula as required by
state law. "Boarding schools" are those which provide lodging and
meals for the pupils.
"Servicemark"
means a word, phrase, symbol, or design, or a combination
of words, phrases, symbols, or designs that identifies and distinguishes
the source of a service from one party from those of others.
"Setback"
means the minimum distance by which structures are to be
separated from the boundary lines of the lot on which they are located,
in order to provide an open yard area which is unoccupied and unobstructed
from the ground upward.
Setback, Front.
"Front setback" means an open yard area extending between
side lot lines across the front of a lot, the depth of which is the
required minimum horizontal distance between the front lot line and
a line parallel thereto on the lot.
Setback, Rear.
"Rear setback" means an open yard area extending across the
rear of the lot between the inner side lot lines which is the required
minimum horizontal distance between the rear lot line and a line parallel
thereto on the lot.
Setback, Side.
"Side setback" means an open yard area extending from the
front setback, or the front lot line where no front setback is required,
to the rear setback; the width of the required side setback shall
be measured horizontally from the nearest part of the side lot line.
Setback, Street Side.
"Street side setback" means an open yard area extending from
the front yard setback, or the front lot line where no front yard
is required, to the rear yard setback or the rear yard line where
a setback is not required; the width of the required street side setback
shall be measured horizontally from the nearest part of the street
side lot line.
"Sight triangle"
means a visual/sight distance triangular area on a corner
of a lot or along a driveway, two of the sides of such triangle being
formed by extending two imaginary lines from the corner of the lot
or the edge of the driveway adjacent to the street intersection at
least 15 feet back to the two points along the sides of the lot parallel
to the two intersecting streets or property line, the third (3rd)
side then being formed by the connection of such points.
"Single-family dwelling"
means a building or portion thereof designed or occupied
exclusively for a one family dwelling.
"Single room occupancy (SRO) unit"
means a housing unit in a multiple-unit building or facility
consisting of a single room, with private or shared bath facilities,
and with private or shared cooking facilities.
"Site"
means one or more lots planned and developed as a unit under
one permit.
"Social club"
means any building or premises used by an association of
persons, organized for some common purpose, such as for pleasure,
recreation, and other nonprofitable purposes for the benefit of their
members, but not including a gun club or an association or group organized
to render, purchase or otherwise make use of a service customarily
carried on as a commercial enterprise. A social club may include clubhouses
or service clubs.
"Stepback"
means the upper story portion of a building that is required
to be set back at a specified distance from the story below.
"Store"
means an enclosed building housing an establishment offering
a specified line of goods or services for retail sale direct to walk-in
customers.
"Story"
means the 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.
"Structural alteration"
means any change in roof lines or exterior walls, or in the
supporting members of a building such as foundations, bearing walls,
columns, beams, girders, floor joists, roof joists or rafters. This
includes any physical change which could affect the integrity of a
wall, including partial or total removal, moving a wall to another
location or expanding the wall in terms of height or length. Minor
actions such as adding a doorway, walkway, passage or window, or attaching
architectural features or adornments, are not considered to be structural
alterations.
"Structure"
means anything constructed or erected on the ground, or that
requires location on the ground, or is attached to something having
a location on or in the ground. "Structure" does not include fences,
or walls used as fences, less than six feet in height, or plant materials.
"Supportive housing"
means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to an on-site or off-site
service that assists the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community.
"Swap meet"
means a market operating for the sale or exchange of merchandise
at retail by a number of sellers. This does not include a "garage
sale," which is a sale from a residence or residential property of
personal property which has been owned or used previously by an individual
or resident residing on the premises where the sale is conducted.
"Tandem parking"
means the placement of parking spaces one behind the other,
so that the space nearest the driveway or street access serves as
the only means of access to the other space.
"Target population"
means persons with low incomes who have one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic
health condition, or individuals eligible for services provided pursuant
to the Lanterman Developmental Disabilities Services Act (Division
4.5 (commencing with Section 4500) of the Welfare and Institutions
Code) and may include, among other populations, adults, emancipated
minors, families with children, elderly persons, young adults aging
out of the foster care system, individuals exiting from institutional
settings, veterans, and homeless people.
"Telecommuting"
means using your home, or a specifically designated facility,
as a place of work.
"Temporary special use permit"
means a use which by its nature will not normally exist for
more than 90 days at the proposed location. Said use may normally
be allowed to exist only under a development or conditional use permit;
however, due to the temporary nature of the proposed use it is considered
an allowed use if granted a zone clearance for the time specified.
Examples of this can be uses such as churches in school facilities,
outdoor eating at restaurants, use of public buildings for nongovernmental
purposes, etc.
"Temporary use"
means, but is not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, grand opening events, brush clearance by animals, construction trailers, or similar uses when in compliance with Chapter
17.44.
"Timber"
means trees of any species maintained for eventual harvest
for forest product purposes, whether planted or of a natural growth,
standing or down, on privately or publicly owned land, including Christmas
trees but excluding nursery stock.
"Townhouse development"
means a subdivision consisting of attached dwelling units
in conjunction with a separate lot or lots of common ownership, wherein
each dwelling unit has at least one vertical wall extending from ground
to roof dividing it from adjoining units, and each unit is separately
owned, with the owner of such unit having title to the land on which
it sits.
"Trademark"
means a word, phrase, symbol, or design, or a combination
of words, phrases, symbols, or designs that identifies and distinguishes
the source of a service from one party from those of others.
"Trailer"
means a towed unpowered recreation vehicle towed by a powered
vehicle, utility trailer used to haul goods, materials, and nonbusiness
property (e.g., boat trailer, motorcycle trailer).
"Transitional housing"
means buildings configured as rental housing developments
but operated under program requirements that require the termination
of assistance and recirculating of the assisted unit to another eligible
program recipient at a predetermined future point in time that shall
be no less than six months from the beginning of the assistance.
"Transportation demand management (TDM) facilities ordinance"
means alternative travel behavior, usually on the part of
the commuters, through programs of incentives, services and policies.
The TDM facilities ordinance addresses alternatives to single-occupancy
motor vehicles such as carpooling and vanpooling, telecommuting, and
changes in work schedules that move trips out of the peak travel period
or altogether eliminate them (as in the case of compressed workweeks).
"Transportation information board"
means a bulletin board, display case or kiosk displaying
transportation information. The board must be located where it is
likely to be seen by the greatest number of employees.
"Transportation services, distribution facility"
mean establishments primarily engaged in undertaking the
transportation of goods and people for compensation, and which may
in turn make use of other transportation establishments in effecting
delivery. This definition includes parking lots for overnight truck
storage, and such establishments as commercial distribution services
of tangible goods, freight forwarding services and freight agencies.
Facility typically engaged in no or negligible on-site retail sales.
"Uniform apparel"
means standardized items of clothing such as aprons, pants,
shirts, dresses, hats, and pins (other than name tags), as well as
standardized colors of clothing.
"Urgent care"
means a medical facility providing walk-in medical services
focused on the delivery of medical care for minor illnesses and injuries
in an ambulatory medical facility outside of a traditional hospital.
Urgent care facilities do not provide overnight care or longer-term
hospital services or emergency room services.
"Use"
means the purpose for which land, or a building or structure
is arranged, designed or intended to be used, or for which it is or
may be used, occupied or maintained.
"Utility structures"
means the aboveground devices, required by a utility, including
poles, lines, and wires, used for telephone, electric, natural gas,
and other distribution or transmission purposes, and natural gas and
electrical substations
"Valve apparatus"
means any flow control device used to handle and control
the flow of gases, water, or other liquids such as liquefied petroleum,
oxygen, and sour and natural gas.
"Vanpooling"
means a group of at least seven commuters traveling to work
in a vehicle designed to carry more than six but less than 16 persons,
including the driver, which is maintained and used primarily for work-related
transportation of commuters for the purpose of ridesharing.
"Very low income household"
shall have the definition given in California Health and
Safety Code Section 50105, as it may be amended from time to time.
"Wall"
means an upright structure of building material, such as
masonry, wood or plaster, serving to enclose, divide or protect an
area, especially a vertical construction forming an inner partition
or exterior siding of a building.
"Warehouse or storage"
means the placement or keeping of materials, equipment or
other items in a fully enclosed building. Cargo containers are considered
outdoor storage, unless placed within an enclosed building.
"Waste treatment and disposal"
means public or private disposal facilities or transfer stations,
operated for the purpose of recycling, reclaiming, treating or disposal
of garbage, sewage, rubbish, offal, dead animals, oil field wastes,
hazardous waste, or other waste material originating on or off the
premises.
"Window"
means an opening in the wall of a building or vehicle that
is fitted with glass or other transparent material in a frame to admit
light or air and allow visibility through the opening.
"Window, clerestory"
means a large window or series of small windows along the
top of a structure's wall, usually at or near the roof line and typically
running horizontally, no lower than six feet from the interior floor
of the adjoining room. Clerestory windows are often used to allow
additional light and air, while maintaining privacy.
"Wireless communications facility"
means an antenna structure and any appurtenant facility or accessory equipment located within city limits and that is used in connection with the provision of wireless service as is defined in Chapter
17.42.
"Yard"
means an open space, other than a court, on a lot, unoccupied
and unobstructed from the ground upward except as otherwise expressly
provided herein.
Yard, Front.
"Front yard" means a yard extending between side lot lines
across the front of a lot, the depth of which is the minimum horizontal
distance (setback) between the rear lot line and a line parallel thereto
on the lot.
Yard, Side.
"Side yard" means a yard extending from the front yard, or
the front lot line where no front yard is required, to the rear yard;
the width of the required side yard (setback) shall be measured horizontally
from the nearest part of the side lot line.
"Zoning clearance"
means a permit which certifies that a proposed structure
and/or use of land meets all requirements of the city's zoning code
and, if applicable, the conditions of any previously approved permit.
(Ord. 515 § 10, 2023; Ord. 521, 1/17/2024)