Note: Prior ordinance history: Ord. 2004-884.
A.
For
the purpose of this title, certain words, phrases and terms used herein
shall have the meaning assigned to them by this chapter as determined
by the Community Development Director.
B.
When
not inconsistent with the context, words used in the present tense
include the future; words in the singular number include the plural;
and those in the plural number include the singular.
C.
If
any of the definitions in this chapter conflict with definitions in
other provisions of the municipal code, these definitions shall govern.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means two adjoining parcels of property with a common property
line, including two or more lots adjoining only at a corner, except
where such common property line is located in a public street right-of-way.
means the place, means, or way by which pedestrians and vehicles
shall have safe, adequate and usable ingress and egress to a property
or use required by this title.
means a building, part of a building, or structure, which
is incidental or subordinate to the main building or use on the same
building site. As used in this title, accessory building and accessory
structure shall mean the same.
means a second dwelling unit located on the same lot as the
primary single-family dwelling unit, either attached or detached from
the primary residential dwelling unit, and which provides complete
independent living facilities for one or more persons. An accessory
dwelling unit shall include permanent provisions for living, sleeping,
eating, cooking and sanitation on the same parcel that the primary
single-family dwelling is situated.
means living quarters on the same building site as a dwelling,
designed or used for housing domestic employees or guests, having
no cooking or kitchen facilities and not rented or otherwise used
as a separate dwelling.
means a structure or building that is incidental to the principal
structure. Such structures may be attached to or detached from the
principal structure. Typical accessory structures would include, but
are not limited to, garages, gazebos, workshops, sheds, decks, patios,
and ground-mounted solar systems.
means a use incidental, related, appropriate and clearly
subordinate to the main use of the lot or building, which does not
alter the principal use of such lot or building.
See Section 18.20.410.
See Section 18.20.410.
means that as set out in Article 5 of Chapter 18.20.
See Section 18.20.410.
See Section 18.20.410.
See Section 18.20.410.
See Section 18.20.410.
means the following terms and phrases that are defined for the purposes of Chapter 18.19 (Density Bonus, Waivers, and Incentives).
"Affordable ownership housing cost"
means the total housing costs paid by a qualifying household,
which shall not exceed the specified fraction of their gross income
as specified in California Health and Safety Code Section 50052.5.
"Affordable rent"
means the total housing costs, including a reasonable utility
allowance, paid by a qualifying household, which shall not exceed
a specified fraction of their gross income as specified in California
Health and Safety Code Section 50053.
"Affordable unit"
means a dwelling unit within a residential development which
will be reserved for sale or rent to, and is made available at an
affordable rent or affordable ownership cost to, very low, low, or
moderate-income households.
"Child care facility"
means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended
day care facilities, and school age child care centers.
"Density bonus"
means an increased residential density of between 20 to 35 percent over the maximum General Plan density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of very low and/or low income dwelling units, as defined by California Government Code Section 65915 (refer to Chapter 18.19 of the Yorba Linda Zoning Code.)
"Density bonus units"
means those residential units granted pursuant to the provisions to Chapter 18.19 which exceed the otherwise allowable maximum residential density for the development site.
"Developer"
means any association, corporation, firm, joint venture,
partnership, person, or any entity or combination of entities, which
seeks City approval for all or part of a residential project.
Development standard.
For Chapter 18.19 (Density Bonus, Waivers and Incentives), a "development standard" includes a site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver does not include additional density beyond that allowed in Chapter 18.19.
"Household income levels: very low, low and moderate"
1.
2.
3.
means households whose gross incomes do not exceed the qualifying
very low, low and moderate income limits established in Section 6932
of the California Code of Regulations, and amended periodically based
on the U.S. Department of Housing and Urban Development (HUD) estimate
of median income in the County of Orange Primary Metropolitan Statistical
Area, and as adjusted by the State Department of Housing and Community
Development (HCD). Pursuant to Code Sections 6926, 6928 and 6930,
these income limits are equivalent to the following:
Very low income household: 50 percent of area median income,
adjusted for household size appropriate for the unit and other factors
determined by HUD
Low income household: 80 percent of area median income, adjusted
for household size appropriate for the unit and other factors determined
by HUD
Moderate income household: 120 percent of area median income,
adjusted for household size appropriate for the unit and other factors
determined by HUD
"Housing development"
means one or more groups of projects for residential units
constructed or to be constructed in the City for sale or for rent.
Housing development also includes a subdivision, planned unit development,
or condominium project, the substantial rehabilitation and conversion
of an existing commercial building to residential use, and the substantial
rehabilitation of an existing multifamily dwelling, where the rehabilitation
or conversion would create a net increase of residential units.
"Housing units"
means the total number of residential units in a housing
development, including the affordable units and the market rate units.
"Incentives" or "concessions"
are defined in Chapter 18.19.
"Total housing costs"
means the total monthly or annual recurring expenses required
of a household to obtain shelter. For a rental unit, total housing
costs shall include the monthly rent payment and utilities. For an
ownership unit, total housing costs shall include the mortgage payment
(principal and interest), homeowner's association dues, mortgage insurance,
taxes, utilities, and any other related assessments.
means an establishment engaged in the development of agricultural
products and improvements in farm operations, including investigations
into soil preparation, planting, harvesting, and management methods.
means the use of land to produce agricultural products, including
private greenhouses, horticultural collections, flower and vegetable
gardens, and fruit trees. This use may also include the sale of the
agricultural products grown on the same premises.
means any dedicated way, intended for vehicular service to
the rear or side property served by a street.
means that general noise level one finds in a certain area
at a given time.
means a place where the principal use is the keeping of animals
for more than a 24-hour period and where the principal use is the
provision of food and comfort and at which the provision of medical
treatment of animals is an ancillary use.
means an animal facility that provides nonmedical care to
domestic animals, typically dogs, in need of supervision on less than
a 24-hour basis.
means a place where animals are given medical or surgical
treatment and are cared for during the time of such treatment. May
be either large animal hospitals which are for the care and medical
treatment of equine, bovine, cleft-hoofed and other similar farm animals
or small animal hospitals which are for the care and medical treatment
of animals which are no larger than the largest breed of dogs, including
dogs, cats, fish, birds, reptiles and similar domesticated species.
The term includes "veterinarian" and "veterinarian hospital or clinic."
means a building or portion thereof that is used for occupancy
by two or more individual persons or families living independently
of each other.
means a place of business where five or more electronic or
electrical coin-operated games are operated for compensation. For
the purposes of this title, the term shall include desktop computers
within the meaning of "electronic operated games," and Internet gaming
establishments (a.k.a. "internet cafés," "cybercafés")
and other establishments where five or more computers are used for
commercial purposes shall be included within the meaning of "arcade."
means a designated AH or AO zone on the Flood Insurance Rate
Map (F.I.R.M.) in which:
means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
See "Managed care facility."
means fitness centers, gymnasiums, health clubs (including
indoor sauna, spa or hot tub facilities), indoor tennis, handball,
racquetball, and other indoor sports activities.
means a lot or portion of a lot used for the servicing of
motor vehicles. Such servicing may include sale of motor fuel and
oils, lubrication, sale and service of tires, tubes, batteries, service
of auto accessories, and incidental car washing, waxing and polishing.
The term includes either the sole sale of motor fuel, or the sale
of fuel in conjunction with any or all of the foregoing sales/services.
Such servicing shall not include tire recapping, sale of major auto
accessories, wheel repair or parts, sale or rebuilding of engines,
battery manufacturing or rebuilding, radiator repair or steam cleaning,
body repair, painting or upholstery, or installation of auto glass.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means a business serving alcoholic beverages as the main
use. The business may also include the sale of minor food items such
as sandwiches and snacks to be consumed on site, provided such food
service is ancillary to the sale of alcoholic beverages and shall
constitute less than 50 percent of the business gross receipts.
means the gross acreage of a parcel of land exclusive of
major roadways, designated public trails, required parkland and ancillary
public facilities.
means the flood having a one percent chance of being equaled
or exceeded in any given year.
means a space having one-half or more of its floor-to-ceiling
height below the average level of the adjoining ground and with a
floor-to-ceiling height of not less than six and one-half feet.
means a sign permanently attached to a planter or pedestal
as distinguished from the support of a pole or poles.
means a room or space within a dwelling intended primarily for use for sleeping purposes. For purposes of required parking pursuant to Chapter 18.22 of the Zoning Code, rooms identified on plans as "dens," "offices" or similar type shall also be considered "bedrooms" for determining required parking at the discretion of the Community Development Director.
means a building containing a dwelling unit where lodging
is provided with or without meals for compensation for five or more
persons.
means any structure having a solid roof supported by columns
or walls and intended for the shelter, housing, or enclosure of any
individual, animal, process, equipment, goods, or materials of any
kind. A patio cover shall not be considered a building.
means that side of a building, which contains the main entrance
for pedestrian ingress and egress. If more than one main entrance
exists, the one that more nearly faces or is oriented to the street
of highest classification as portrayed on the current General Plan
of Circulation shall be considered the building frontage. If all streets
are of the same classification, the side of the building with the
smallest lineal dimension containing a main entrance shall be considered
a building frontage.
means the vertical distance from the lowest point on the
exterior of the structure to the highest point of the structure, but
exclusive of vents, air conditioners, chimneys, or other such incidental
appurtenances.
means the distance measured between two buildings.
means a legally created parcel or contiguous parcels of land
in single or joint ownership, which provides the area and the open
spaces required by this title, exclusive of all vehicular and pedestrian
rights-of-way and all other easements that prohibit the surface use
of the property of the owner thereof.
means the entire project site, inclusive of all slopes, private
streets, easements, and driveways. All areas of land bounded by the
property lines of the project site are to be included in the building
site area.
(Ord. 2011-968 § 1; Ord. 2014-1005 § 6; Ord. 2014-1011 § 6; Ord. 2019-1056 § 3)
means any portable, demountable, or permanent cabin, room,
enclosure, pool house, or similar structure erected, constructed or
placed on a property and used in conjunction with a primary house
or dwelling.
means a fixed roofed structure of any material either freestanding
or connected to a building, or supported by columns or posts. Included
within the meaning of this term are canopy, tent, lean-to, cabana
or any structure with a roof cover or walls made of cloth, vinyl,
flexible plastic, canvas or other similar material. Temporary car
tents, patio umbrellas and children's play structures are not included
within the meaning of the term.
means a residence located on a premises with a main non-residential
use and occupied only by a caretaker or guard employed on the premises,
and his or her family.
means a permanent roofed structure with not more than two
enclosed sides used or intended to be used for automobile storage
for the occupants of the premises.
means a temporary structure consisting of plastic, canvas
or other similar material that is used primarily for sheltering vehicles.
The term is not synonymous with the terms "canopy" or "carport" as
defined above.
means a business, which prepares its food on-site to be served
and consumed off-site. Catering does not include drive-through restaurants.
means a child day care facility operated by a person, corporation
or association used primarily for the provision of daytime care, training
or education of children at any location other than their normal place
of residence. The terms, "preschool" and "nursery" are included within
the meaning of "child day care center."
means a structure or portion of a structure that is used
primarily for religious worship and related religious activities.
means the City of Yorba Linda.
means a place for medical services to human patients not
involving the overnight housing of human patients.
means an association of persons (whether or not incorporated)
for a common purpose, but not including groups organized solely or
primarily to render a service as a business for profit.
means a completely enclosed restaurant facility wherein the
customers are served at a counter and/or tables.
means the production of electricity as a by-product of another
use such as the use of heat from a manufacturing process to produce
steam or the use of wind used in the generation of power or electricity.
As used herein, the term means a use, which is incidental or accessory
to another primary use.
means any use or activity where the primary intent is to
provide amusement, pleasure or sport but which is operated for financial
gain. It includes establishments where food and beverages are sold
as an ancillary use, but does not include restaurants, nightclubs
and cocktail lounges.
means the Planning Commission of the City of Yorba Linda.
means any of the following: (1) a community apartment project;
(2) a condominium project; (3) a planned development; (4) a stock
cooperative.
means a development in which an undivided interest in the
land is occupied with the right of exclusive occupancy of an apartment
located thereon. For the purposes of this chapter, community apartment
will be subject to the same conditions and standards as condominiums.
means any facility, place or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children and/or adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Article 8 of Chapter 18.20 of this title contains a list of such facilities.
means an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property, together
with a separate interest in space in a residential, industrial or
commercial building on such real property, such as an apartment, office
or store. "Condominium" shall include townhouses.
means a change in ownership of a parcel or parcels of property,
together with structures thereon, whereby the parcel or parcels and
structures previously used as rental units are changed to condominium
ownership.
means the entire parcel of real property, including all structures
thereon, subdivided or to be subdivided for the purpose of converting
existing structures to condominium units.
means the same as "convalescent home."
means a temporary structure or a portion of an existing structure
used as the primary management location for buildings or uses under
construction.
means a base facility for contract construction services
(building, electrical, plumbing, etc.), including administrative offices,
and the storage of new, used or discarded lumber, building materials,
equipment, scrap metals, and other items associated with the building
trades, whether or not for purposes of sale.
means a facility licensed by the State Department of Public
Health, the State Department of Social Welfare, or the County of Orange,
which provides bed and ambulatory care for patients with postoperative
convalescent, chronically ill or dietary problems, and persons aged
or infirmed unable to care for themselves; but not including alcoholics,
drug addicts, or persons with mental or contagious diseases or affliction.
means any small retail establishment offering for sale prepackaged
food products, beverages, household items, newspapers, magazines,
sandwiches and/or other freshly prepared foods, such as salads for
off-site consumption.
means a storage and work area for public maintenance vehicles
and equipment.
means the City Council of the City of Yorba Linda.
means the County of Orange.
means the County Recorder of the County of Orange.
(Ord. 2011-968 § 1; Ord. 2013-981 § 7; Ord. 2016-1019 § 4; Ord. 2019-1056 § 3)
means a facility that provides nonmedical care to children
under 18 years of age in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living
or for the protection of the individual on less than a 24-hour basis.
Day care centers include employer-sponsored child care centers and
family child day care homes.
means a platform, either freestanding or attached to a building,
which is supported by pillars, posts, or walls. Decks may be covered
by open lattice or solid roof structures, but are open on at least
one side.
means the total number of dwelling units permitted on an
acre or portion of an acre of land exclusive of all existing public
streets and rights-of-way. For the purposes of this code, a "base
acre" as defined above shall be the basis for determining density.
means the flood against which protection is to be provided
by means of land use regulation or flood protective or flood control
works. When a Federal flood control project has been authorized, the
design flood will be that defined by the cognizant agency. In all
other cases, the design flood shall be either at the 100-year recurrence
interval (base flood), or the standard project flood, whichever is
determined applicable by the City Engineer.
means a ground sign with no form of support other than its
own structural members.
means any manmade change to improved or unimproved property,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or change in density or intensity of the use of land or any division
of land.
means the Community Development Director of the City of Yorba
Linda.
means a building intended or used principally for sleeping
accommodations, where such building is related to an educational institution.
means a sign with two faces only, with each face oriented
180 degrees from the other.
means a place of business that sells food products or beverages
and which:
Delivers such food products or beverages to customers outside
of the building in which they are prepared by means of a service window,
counter, or similar method or device; or
Delivers such food products or beverages to customers within
a building that is designed in such a manner that a majority of the
customers will remove such food products or beverages from the building
for consumption either on the premises or in the immediate vicinity.
means a vehicular passageway providing access from a public
or private street to a structure or parking area, or in the case of
residences, to a garage, carport, or legal parking space. Residential
circular driveways are included in the definition provided that a
portion of the driveway is designed in a manner to provide access
to a garage, carport, or legal parking space.
means a building or portion thereof designed exclusively
for residential occupancy.
means two or more single-family, multiple dwellings, or boarding
or rooming houses located on one lot.
means living quarters within an accessory building for use
exclusively by temporary non-paying guests of the resident family,
such quarters having no cooking facilities or kitchen.
means a building containing two or more dwelling units or a combination of two or more separate single-family dwelling units on one lot, not including "accessory dwelling units" as defined in Section 18.04.020.
means a detached building designed primarily for the use
of one family.
means one or more rooms and a single kitchen in a single-family
dwelling, apartment house or hotel designed as a unit for occupancy
by one family for living and sleeping purposes.
(Ord. 2011-968 § 1; Ord. 2016-1019 § 4; Ord. 2019-1056 § 3)
means a portion of a lot which is reserved or used for utility
rights-of-way, access or any public or private use, as indicated on
a subdivision map, deed restriction or other recorded document.
means a facility that provides immediate and short-term housing
and may offer supplemental services to homeless families and/or individuals
on a first-come, first-serve basis where people must vacate the facility
each morning and have no guaranteed bed for the next night. Supplemental
services may include counseling, food, and access to social programs.
See "Stable, commercial."
means fencing on larger residential zoned parcels, primarily
in R-A, RLD and R-E zones, which may be permitted to exceed maximum
fence height within the front setback area.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means two or more persons living together as a single housekeeping
unit in a single dwelling unit. Family also means the persons living
together in a licensed residential facility as that term is defined
in California Health and Safety Code Section 1502(a)(1), which serves
six or fewer persons, excluding the licensee, the members of the licensee's
family, and persons employed as facility staff who reside at the facility.
means a facility as defined by Section 1596.750 of the California
Health and Safety Code and which provides nonmedical care to children
under 18 years of age in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living
or for the protection of the individual on less than a 24-hour basis.
The terms "day care facility," "child day care facility," and "child
day care home" are included within the meaning of "family day care
facility."
means a facility consistent with Section 1596.78 of the California
Health and Safety Code and which provides care, protection and supervision
of nine to 14 children, including children under the age of 10 years
who reside at the home on less than a 24-hour basis. "Child care facility"
and "child care home" are included within the meaning of the term.
means a facility that provides family day care for eight
or fewer children, including children under the age of 10 years who
reside at the home on less than a 24-hour basis. "Child care facility"
and "child care home" are included within the meaning of the term.
means an area of land and its buildings used for growing
crops and/or rearing animals, typically under the control of one owner
or manager.
means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
means an area having special flood mudslides (i.e., mudflow)
and/or flood-related erosion hazards, as shown on a Sectional District
Map, Flood Insurance Rate Map (F.I.R.M.) or Flood Boundary and Floodway
Map.
mean the official maps on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
means the official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the boundaries
and the water surface elevations of the base flood.
means the land area adjacent to a watercourse, and/or other
land areas susceptible to being inundated by water from any source
(see definition of "flood").
means the collapse or subsidence of land along the shore
of a lake or other body of water as a result of erosion or undermining,
caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or by an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results
in flooding.
means the channel of a river or other watercourse and that
part of the floodplain reasonably required to discharge the design
flood without cumulatively increasing the water surface elevation
more than one foot at any point assuming equal conveyance reduction
outside the channel from the two sides of the floodplain.
applies not only to the ground floor area, but also to any
additional stories or basement of said structure, unless otherwise
stated and is exclusive of exterior courts, carports, elevator shafts,
light and stair wells. All horizontal dimensions shall be taken from
the exterior faces of walls including enclosed porches.
means the ratio of building floor area to the lot area.
means an activity or establishment involving the foretelling
of the future or predicting and providing advice on or about future
events for financial or other valuable consideration. Fortune telling
includes uses where the fortune is told through astrology, palm reading,
psychometry, card or tea reading, clairvoyance, crystal gazing, divination,
magic mediumship, phrenology, prophecy, spiritual reading, or similar
means. Fortune telling does not include advice or forecasting based
on historical trends or given during licensed medical care.
means flying birds or poultry of any kind, either wild or
domestic.
means the same as "automobile service station."
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means a detached building or a portion of a main building
on the same lot for the parking and temporary storage of vehicles
of the occupants of the premises.
means any garage other than a private garage.
means a building other than a private garage used for the
service and/or repair of vehicles and related equipment.
means any premises used exclusively for the storage of vehicles.
means the General Plan of the City of Yorba Linda, as amended
from time to time, and shall consist of the General Plan Map and Document
adopted by the City Council.
means the average level of the finished ground surfaces surrounding
a building.
means to feed on growing grass and pasturage, as do cattle,
sheep, etc.
means a building, room, or area, usually chiefly of glass,
in which the temperature is maintained within a desired range, used
for cultivating tender plants or growing plants out of season.
means the total horizontal area within the lot lines of a
lot or parcel of land before public streets, easements or other areas
to be dedicated or reserved for public use are deducted from such
lot or parcel.
means an attached or detached accessory living quarter which
has sanitary facilities, but no cooking facilities or kitchen, and
which is used primarily for sleeping purposes by members of the family
occupying the main residence and their non-paying guests or domestic
employees.
means a room that is designed to be occupied by one or more
guests for sleeping purposes, and having no cooking facilities.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means a retail establishment 10,000 square feet and over
in floor area that sells tools, equipment, building supplies, and
landscaping supplies.
means a retail establishment under 10,000 square feet in
floor area which sells tools, equipment, building supplies, and landscaping
supplies.
See "Athletic club."
means a building or structure that exceeds 35 feet in height.
means a street shown as a freeway, major, primary, or secondary
highway on the General Plan of the City.
means a business activity conducted in compliance with Article 2 of Chapter 18.20 of this title.
means the science and art of growing fruits, vegetables,
flowers, or ornamental plants.
means an institution for the diagnosis, care and treatment
of human illness, including surgery and primary treatment.
means a structure or portion thereof or a group of attached
or detached structures containing completely furnished individual
guest rooms or suites occupied on a transient basis for compensation.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means a permanent structure, intended for automatic operation
in the vending of crushed, cube, and/or block ice in prepared package
sizes.
means the manufacture, fabrication, processing, reduction
or destruction of any article, substance or commodity, or any other
treatment thereof in such a manner as to change the form, character,
or appearance thereof, and including storage elevators, truck storage
yards, warehouses, wholesale storage and other similar types of enterprise.
means a facility with a capacity of four to 15 beds and is
an intermediate care facility, a developmentally disabled care facility
or a nursing facility as defined by the California Health and Safety
Code Section 1250(e) and (h) respectively.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
None.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means any property used for the purpose of boarding, breeding,
raising or training dogs, cats, or other similar small animals such
as miniature goats, miniature horses or pot-bellied pigs, over the
age of four months, for a fee or for sale.
means any property where a specified number of dogs, cats, or other similar small animals such as miniature goats, miniature horses, or pot-bellied pigs, over the age of four months are kept or maintained for the use and enjoyment of the occupant for noncommercial purposes. See Section 18.20.630 of this title for the specific numbers of animals considered to be a noncommercial kennel.
means any lot where the side property line abuts the rear
property line on one or more lots and where said lots are not separated
by an alley or any other public way.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means a use in which products or machines are experimented,
tested and analyzed.
means a use or facility, either as a primary use or accessory
use, in which sample material is tested and analyzed, usually related
to medical or dental samples or products. Such facilities are typically
operated as a medical office and entail patient visits.
means and includes equine or cleft-hoofed animals and shall
include such other animals described and assumed by their size, weight,
and/or appearance to be large animals.
means a business premises equipped with individual clothes
washing and drying machines either coin-operated or attendant-operated
for the use of retail customers, except laundry facilities provided
as an accessory use in an apartment house or an apartment hotel.
means retail shop that predominantly sells prepackaged alcoholic
beverages intended to be consumed off the store's premises.
means an amplified musical act (including karaoke), theatrical
act (including stand-up comedy), play, revue, scene, dance act, or
combination, performed by one or more persons, whether or not they
are compensated for the performance, in a privately owned premises
that is open to the public, whether or not admission is charged.
means:
A parcel of real property with a separate and distinct number
or other designation shown on a plat recorded in the office of the
County Recorder; or
A parcel of real property delineated on an approved record of
survey, parcel map or subdivision map as filed in the office of the
County Recorder or in the office of the Planning Department, and abutting
at least one public street or right-of-way, or easement determined
by the Commission to be adequate for the purpose of access; or
A parcel of real property abutting at least one public street
or right-of-way or easement determined by the Commission to be adequate
for the purpose of access and held under separate ownership from abutting
property at the time Orange County Ordinance No. 1477 became effective
on May 24, 1962.
means a lot located at the intersection or interception of
two or more streets at an angle of not more than 135 degrees. If the
angle is greater than 135 degrees, the lot shall be considered an
"interior lot."
means the ratio between the ground floor area underneath
all solid roof structures and buildings located on the lot and the
net area of the lot, exclusive of the ultimate street right-of-way.
means the average horizontal distance between the front and
rear lot lines measured in the mean direction of the side lot lines.
means a lot other than a corner or reverse corner lot.
means any line bounding a lot as herein defined.
On an interior lot, the "front lot line" is the property
line abutting the street. On a corner or reverse corner lot, the front
lot line is the shorter property line abutting a street, except in
those cases where the subdivision or parcel map specifies another
line as the front lot line. On a through lot or a lot with three or
more sides abutting a street or a corner or reverse corner lot with
lot lines of equal length, the Director shall determine which property
line shall be the front lot line for the purposes of compliance with
yard and setback provisions of this title.
means a lot line not abutting a street.
means a lot line not abutting a street that is opposite and
most distant from the front lot line. In the case of an irregular-shaped
lot (see Figure 18.04-1), a line within the lot, parallel to and at
a maximum distance from the front lot line, having a length of not
less than 10 feet. A lot that is bounded on all sides by streets may
have no rear lot line.
 Figure 18.04-1 Rear Lot Lines for Irregular Lots
|
means any lot line not a front lot line or rear lot line.
means a lot which utilizes a narrow strip as its means of
providing vehicular access to the lot, provided that the narrowest
portion of the lot shall have a minimum dimension of 20 feet at its
narrowest point. The term includes "Flag lot."
means a corner lot, the side line of which is substantially
a continuation of the front lot lines of the lot to its rear, whether
across an alley or not.
means a lot having frontage on two dedicated parallel or
approximately parallel streets.
means the average horizontal distance between the side lot
lines, measured at right angles to the lot depth at a point midway
between the front and rear lot lines.
 Figure 18.04-2 Lot Types
|
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means any of the following:
"Assisted living facility"
means a facility providing care on a monthly basis or longer
which is the primary residence of the people served. Such facilities
provide services to residents such as dining, medical, transportation
and recreation. Any commercial services provided are for the exclusive
use of the occupants of the facility. Such facilities may be located
in more than one building and/or on contiguous parcels within the
building site.
"Convalescent hospital"
means a facility licensed by the California Department of
Health Services which provides bed and ambulatory care for seven or
more patients with postoperative convalescent, chronic illness or
dietary problems and persons unable to care for themselves, including
persons undergoing psychiatric care and treatment both as inpatients
and outpatients, but not including persons with contagious diseases
or affliction. Convalescent hospitals include nursing homes, convalescent
homes, rest homes or homes for the aged.
"Residential care facility for the elderly"
means those facilities as defined in Section 1569.2 of the
California Health and Safety Code, including Alzheimer's care facilities.
means a factory built, single-family structure that meets
the National Manufactured Home Construction and Safety Standards Act
and built after June 15, 1976 (42 U.S.C. Section 54010).
means a fixed location where massage is performed for compensation,
excluding those locations where massage is only performed on an out-call
basis or as an accessory use.
shall include the terms "dispensing collective," "dispensing
cooperative," "medical cannabis collective," "medical cannabis cooperative,"
"medical marijuana collective," "medical marijuana cooperative," or
similar term, and shall mean any association, cooperative, affiliation,
or collective of persons where "qualified patients" and/or "primary
care givers" are organized to provide education, referral, or network
services, and facilitate or assist in the distribution of medical
marijuana. "Medical marijuana dispensary" also means any facility
or location where the purpose is to dispense, provide, or otherwise
make available marijuana, or any facility or location where the purpose
is to dispense, provide, or otherwise make available marijuana as
a medication that has been recommended by a physician, and where marijuana
is made medically available to and/or distributed by or to primary
caregivers and/or qualified patients in strict accordance with California
Health and Safety Code Sections 11362.5 through 11362.83, inclusive.
"Medical marijuana dispensary" also includes establishments from which
marijuana is delivered to patients who cannot obtain it from a dispensary
due to physical or mental disability, for medical purposes in compliance
with Health and Safety Code Sections 11362.5 through 11362.83, inclusive.
For the purposes of this title, the terms "primary caregiver," "qualified
patient," and "person with an identification card" shall be as ascribed
in Sections 11362.5 and 11362.7 of the California Health and Safety
Code. "Medical marijuana dispensary" shall include the terms "dispensing
collective," "dispensing cooperative," "medical cannabis collective,"
"medical cannabis cooperative," "medical marijuana collective," "medical
marijuana cooperative," or similar term, and shall mean any association,
cooperative, affiliation, or collective of persons where "qualified
patients" and/or "primary care givers" are organized to provide education,
referral, or network services, and facilitate or assist in the distribution
of medical marijuana. "Medical marijuana dispensary" also means any
facility or location where the purpose is to dispense, provide, or
otherwise make available marijuana, or any facility or location where
the purpose is to dispense, provide, or otherwise make available marijuana
as a medication that has been recommended by a physician, and where
marijuana is made medically available to and/or distributed by or
to primary caregivers and/or qualified patients in strict accordance
with California Health and Safety Code Sections 11362.5 through 11362.83,
inclusive. "Medical marijuana dispensary" also includes establishments
from which marijuana is delivered to patients who cannot obtain it
from a dispensary due to physical or mental disability, for medical
purposes in compliance with Health and Safety Code Sections 11362.5
through 11362.83, inclusive. For the purposes of this title, the terms
"primary caregiver," "qualified patient," and "person with an identification
card" shall be as ascribed in Sections 11362.5 and 11362.7 of the
California Health and Safety Code.
means a retail or wholesale establishment that sells goods
in bulk quantities. Membership stores/warehouses are typically large
in size, consisting of 50,000 or more square feet in floor area.
means any storage facility in which individual units are
rented to the public. The term includes "self storage facility."
means a movable or transportable vehicle, other than a motor
vehicle, designed as a permanent structure intended for human habitation
and having no foundation other than jacks, piers, wheels, or skirtings.
Mobile homes also include factory-built homes prior to June 15, 1976.
means any area or tract of land where two or more mobile
home spaces are rented or leased or held out for rent or lease to
accommodate mobile homes used for human habitation.
means a plot of ground within a mobile home park designed
for the accommodation of one mobile home.
means dwelling units temporarily used for display purposes
as an example of dwelling units available or to be available for sale
or rent in a particular subdivision or other residential development
approved by the City. Model homes may also incorporate sales or rental
offices for dwellings within the development.
means the same as "hotel."
(Ord. 2011-968 § 1; Ord. 2013-981 § 8; Ord. 2014-1008 § 2; Ord. 2016-1019 § 4; Ord.
2019-1056 § 3)
means all land within a given area or project including residential
lots, interior local streets, and other open space which directly
serves the residents of the project; but exclusive of all exterior
collector streets and other easements which primarily serves the community
at large.
means a building or portion thereof which was lawful when
established but which does not conform to the provisions of this title.
means a lot, the area, frontage or dimensions of which do
not conform to the provisions of this title.
means a use lawful when established but which does not conform
to the provisions of this title.
means a place where young plants and trees are grown for
sale or for planting elsewhere.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means and includes the definitions of "sign."
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means the extension of the main walls of a building above
the roof level (see Figure 18.04-3).
 Figure 18.04-3 Parapet
|
means a roofed structure, either with the overhead cover
partially open or solid, at least two sides of which are open, and
is either attached to the main structure or freestanding.
means commercial, residential, industrial and other land
uses, either singularly or in combination, together with related land,
buildings and structures, planned and developed as a whole in a single
development operation or a programmed series of operations in accordance
with detailed, comprehensive plans encompassing such elements as the
circulation pattern and parking facilities, open space, utilities,
and lots or building sites, together with a program for provision,
operation and maintenance of all areas, improvements, facilities and
services provided for common use of the residents thereof.
means the roofed or covered structure over the front entrance
to a building.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
None.
(Ord. 2011-968 § 1; Ord. 2016-1019 § 4; Ord. 2019-1056 § 3)
means a large farm where cattle or other animals are bred
and raised.
means the area within the direct line between a satellite
antenna and those orbiting or fixed-space communications satellites
or similar devices.
means any hardscape area used primarily for recreational
purposes, including, but not limited to, tennis courts, handball courts,
basketball courts, batting cages constructed of permanent materials,
racquetball courts, and skateboard ramps, but excluding pools, and
driveways used primarily for access to a garage.
means a use or activity where the primary intent is to provide
amusement, pleasure or sport.
means any vehicle or trailer designed and used for temporary
or emergency human habitation, including motorhomes, travel trailers,
and pick-up trucks with camper shells; components or accessories to
a vehicle designed and used for temporary habitation, such as camper
shells; boats and other watercraft; vehicles not permitted for street
use, such as dune buggies and off-road motorcycles; and all vehicles
designed to transport other recreational vehicles and other utility
trailers.
means reusable material including, but not limited to, metals,
glass, plastic and paper, which are intended for reuse, remanufacture,
or reconstitution for the purpose of using the altered form. Recyclable
material does not include refuse or hazardous materials.
means and includes recycling facility, collection facility,
processing facility, reverse vending machine(s) and mobile recycling
unit as those terms are defined within this chapter.
means a center for the acceptance by donation, redemption, or purchase of, recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Chapter 18.32 of this title. Collection facilities may include the following:
means a recycling facility certified by the California Department
of Conservation as meeting the requirements of the California Beverage
Container Recycling and Litter Reduction Act of 1986. A recycling
facility does not include storage containers or processing activity
located on the premises of a residential, commercial, or manufacturing
use and used solely for the recycling of material generated by that
residential property, business or manufacturer. Recycling facilities
may include the facilities set out in the definitions of "recycling
collection facility" and "recycling processing facility."
means a building or enclosed space used for the collection
and processing of recycled materials. Processing means the preparation
of material for efficient shipment, or to an enduser's specification,
by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Processing facility includes the following:
A light processing facility occupies an area of under 45,000
square feet of gross collection, processing and storage area and has
up to an average of two outbound truck shipments per day. Light processing
facilities are limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting or source-separated recyclable materials
sufficient to qualify as a certified processing facility. A light
processing facility shall not shred, compact or bale ferrous metals
other than food and beverage containers.
A heavy processing facility is any processing facility other
than a light processing facility.
means an automobile, truck, trailer or van, licensed by the
Department of Motor Vehicles that is used for the collection of recyclable
materials. A mobile recycling unit also means the bins, boxes or containers
transported by trucks, vans, or trailers and used for the collection
of recyclable materials.
means a community care residential facility that provides
24-hour nonmedical services to adults, including nonmedical alcoholism
or drug abuse recovery, treatment, or detoxification services.
means religious facilities operated by organizations for
worship or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools. Other establishments
maintained by religious organizations, including full-time educational
institutions, hospitals and other potentially related operations (i.e.,
a recreational camp) are classified according to their respective
activities.
means a structure or set of structures with common financing,
ownership and management, and which collectively contain five or more
dwelling units. No more than one of the dwelling units may be occupied
as a primary residence by a person or household who is the owner of
the structure or structures. (Health and Safety Code Section 50675.2.)
means a community care facility, licensed by the State, providing
residential health care to elderly persons who reside as a family
unit or in a group setting, whether such persons are ambulatory or
not.
means any establishment serving prepared foods which are
intended for on-premises consumption. If 25 percent or more of the
gross floor area including outdoor dining area is designed for seating/dining
areas, the use shall be classified as a restaurant.
means businesses where food is prepared and sold for off-premises
consumption. If less than 25 percent of the gross floor area including
outdoor dining area is designated for seating/dining area, the use
shall be classified as retail food. Typical uses which may be classified
as either retail food or restaurant, depending on the 25 percent floor
area criterion, include: coffee house/tea house, donut/bagel shop,
pizza store, ice cream shop and other similar fast food establishments.
a business primarily engaged in the selling or offering for
sale of merchandise or services directly to the general public for
personal or household consumption or use but not for resale.
mean(s) an automated mechanical device which accepts at least
one or more types of empty beverage containers including, but not
limited to, aluminum cans, glass and plastic bottles, and issues a
cash refund or redeemable credit slip with a value not less than the
container's minimum redemption value as determined by the State in
accordance with Section 14560 et seq., of the California Public Resources
Code, commonly known as the California Beverage Container Recycling
and Letter Reduction Act. A reverse vending machine may sort and process
containers mechanically provided that the entire process is enclosed
within the machine. In order to accept and temporarily store all three
containers types in proportion commensurate with their relative redemption
rates as to meet the requirements of certification as a recycling
facility, multiple grouping of reverse vending machines may be necessary.
A bulk reverse vending machine is a reverse vending machine that is
larger than 50 square feet; is designed to accept more than one container
at a time; and will pay by weight instead of by container.
See "Stable, commercial."
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means any antenna used to receive and/or transmit radio or
television signals from orbiting or fixed-in space communication satellites
or other similar devices designed to transmit and receive signals.
means the diameter of a satellite antenna measured by a line
bisecting the dish shaped antenna extending from the outer edge on
one side to the outer edge on the site side.
means a public or private institution conducting regular
academic instructions at Kindergarten, elementary, secondary, collegiate
levels, and including graduate schools, universities, research institutions
and religious institutions. Such institutions must either:
See "Mini-warehouse."
means the same as "automobile service station."
means the line that defines the depth of the required front
yard. Said setback line extends across the full width of the lot,
and shall be parallel with the street line or the line established
by the General Plan.
means the line that defines the width or depth of the required
rear or side yard. Said setback line shall be parallel with the property
line, removed therefrom by the perpendicular distance prescribed for
the yard in the zone. Where the side or rear yard abuts a street,
the distance shall be measured as set forth in the "setback line,
front yard."
means any notice or advertisement, pictorial or otherwise,
used as an outdoor display or visible from outside a building for
the purpose of advertising the property or the establishment or enterprise,
including goods and services, upon which the sign is exhibited, or
for use for off-site directional purposes, or otherwise designed to
communicate information. This definition shall not include official
notices issued by any court or public body or officer or directional
warning or information sign or structures required by or authorized
by law.
means any dwelling or part thereof designed or used primarily
for singleroom occupancy, containing five or more single-room living
units, and which is occupied by the same tenants for an uninterrupted
period of not less than one month.
is a room used or intended to be used as a residential housekeeping
unit by not more than two occupants for living and sleeping, with
or without cooking facilities, that contains not more than one habitable
room consisting of not more than 250 square feet of floor area excluding
from the calculation of floor area any kitchen having less than 70
square feet of floor area.
means a plan, prepared to scale, showing accurately and with
complete dimensioning, all of the buildings, structures and uses and
the exact manner of development proposed for a specific parcel of
land.
means a satellite antenna with a satellite receiving antenna
diameter of 18 inches or less.
means a plan, prepared to scale, showing accurately and with
complete dimensioning, all of the buildings, structures and uses and
the exact manner of development proposed for a specific parcel of
land.
means poultry, rabbits, domestic, and those other such comparable-sized
animals distinguished from those described as large animals.
means an accessory structure, including any solar collector
or other solar energy device, whose primary purpose is to provide
for the collection, storage and distribution of solar energy for space
heating or cooling, or for water heating; or any structural design
feature of a building whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for space heating
or cooling, or for water heating.
See Section 18.20.410.
See Section 18.20.410.
means a stable for horses, mules or ponies that are rented,
used or boarded on a commercial basis for compensation.
means an accessory building for the keeping of horses, mules
or ponies owned by the occupants of the premises and not rented, used
or boarded on a commercial basis for compensation.
means the State of California.
means that portion of a building included between the surface
of any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
means a public thoroughfare or right-of-way or approved private
thoroughfare or right-of-way determined by the Commission to be adequate
for the purpose of access, which affords the principal means of access
for abutting property including avenue, place, way, drive, land, boulevard,
highway, road and any other thoroughfare, except as excluded in this
title. The word "street" shall include all major and secondary highways,
traffic collector streets and local streets.
means any change in or alteration to a structure involving
a bearing wall, column, beam or girder, floor or ceiling joists, roof
rafters, roof diaphragms, foundations, piles, retaining walls, or
similar components.
means a combination of materials to form a construction for
use, occupancy, or ornamentation whether installed on, above, or below
the surface of land or water or affixed to a building. Structures
include swimming or wading pools, spas and covered patios, but do
not include paved areas, walkways, flat portions of tennis courts
and similar outdoor areas, and further excepting fences or walls three
feet or less in height.
means the division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels of land for sale, lease or finance purposes. For the purposes of the sign regulations contained in Chapter 18.24, subdivision shall also mean those lots and/or dwelling units within a specified geographical area and for which a sales office and/or model home complex has been established.
means poles, masts, bases, guy wires, eyelets, and any and
all other appurtenances to satellite antennas whether used to anchor
the antenna, enhance reception, or any other use whatsoever.
is housing with no limit on length of stay, that is occupied
by the target population, 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.
(Health and Safety Code Section 50675.14.)
(Ord. 2011-968 § 1; Ord. 2011-971 § 2; Ord. 2019-1056 § 3)
is defined as persons with low incomes having one or more
disabilities, including mental illness, HIV or AIDS, substance abuse,
or other chronic health conditions, or individuals eligible for services
provided under 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
youth, families, families with children, elderly persons, young adults
aging out of the foster care system, individuals exiting from institutional
settings, veterans, and homeless people. (Health and Safety Code Section
50675.14(b)(3).)
means a business that provides body art both permanent and
temporary and includes body piercing.
means a structure without any foundation or footings and
that is removed when the designated time period, activity, or use
for which the temporary structure was erected has ceased.
means a use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
when used in conjunction with a center identification sign
means the name of a business, services or product and may include
a business logo.
means any retail commercial facility in which at least 50
percent of the gross receipts are from the sale of used merchandise.
means buildings configured as rental housing developments,
but operated under program requirements that call for the termination
of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which
shall be no less than six months. (Health and Safety Code Section
50675.2.)
means a type of children's play structure constructed among
the branches, around or next to the trunk of one or more mature trees,
and which is raised above the ground. Treehouses are supported by
the branches and/or trunk of a tree only.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means the purpose for which land or a building is arranged,
designed, or intended, or for which either land or building is or
may be legally occupied or maintained.
means sale of previously owned vehicles in which 50 percent
or more of the gross receipts are for such vehicles.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means any vehicle which fits the definition of commercial
vehicle set forth in California Vehicle Code Section 260, Special
Construction Equipment, California Vehicle Code Section 565, and Truck
Tractor, California Vehicle Code Section 655, as amended from time
to time, or any successor provisions thereof.
See "Animal hospital."
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means the use of a building or buildings for the storage
of goods of any type, when such building or buildings contain more
than 500 square feet of storage space and where no retail operation
is conducted.
means the selling of any type of goods for purposes of resale.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means any open space on the same lot with a building or dwelling
group, which open space is unoccupied and unobstructed except for
the projections permitted by this title.
means a space between the front yard setback line and the
front lot line or future street line, and extending the full width
of the lot.
means the space between the rear yard setback line and the
rear lot line, extending the full width of the lot.
means a space extending from the front yard, or from the
front yard lot line where no front yard is required by this title,
to the rear yard, or rear lot line, between a side lot line and the
side yard setback line.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
means the Comprehensive Zoning Ordinance of the City of Yorba
Linda.
(Ord. 2011-968 § 1; Ord. 2019-1056 § 3)
