This title of the Malibu Municipal Code shall be known as the Malibu zoning ordinance.
(Prior code § 9100; Ord. 86 § 3, 1993; Ord. 93 § 3, 1993; Ord. 254 § 3, 2003)
The purpose of the zoning ordinance is as follows:
A. 
To guide the growth and development of the city in an orderly manner consistent with the land use and environmental goals and policies of the city;
B. 
To protect and enhance the quality of the natural environment;
C. 
To promote the public health, safety and general welfare by regulating the location and use of buildings, structures and land for residential, commercial, and other specified uses contained within this title so as to achieve the following:
1. 
A physical environment which provides for the housing, employment, business, service, recreational, social, cultural, educational, entertainment, open space and conservation needs of the city and maintains and enhances a high quality of life for its residents,
2. 
A physical environment which protects the city's unique natural environment;
D. 
To ensure the maintenance of property in the city by requiring each owner, occupant or other person in actual charge of any property to keep it in good repair and in compliance with the provisions of this code;
E. 
To relate development proposals to the recommended provisions of the general plan currently being prepared by the city;
F. 
To protect and maintain the existing overall low-density, residential nature of the community and preserve the integrity and character of the residential neighborhoods;
G. 
To ensure that all development, additions and rehabilitation is consistent with sound environmental principles and programs, for the benefit of Malibu's present and future community;
H. 
To lessen congestion on the streets and provide for adequate off-street parking;
I. 
To prevent damage and injury from disasters such as fire, flood, tsunamis, tidal action, ocean storms, geologic and seismic hazards and other dangers;
J. 
To provide adequate light and air, clean ground water, and nonpolluting waste disposal;
K. 
To avoid excessive concentration of people and overcrowding of the land;
L. 
To assure adequate public transportation, utilities, schools, parks, open space, roads and other public facilities and improvements;
M. 
To promote the use of public and private land that is most beneficial to the city as a whole;
N. 
To protect and preserve the areas, sites and structures of historic, cultural, archaeological and paleontological significance.
(Prior code § 9101; Ord. 83 § 4, 1993; Ord. 86 § 3, 1993; Ord. 254 § 3, 2003)
A. 
Vision Statement. Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics. The people of Malibu are a responsible custodian of the area's natural resources for present and future generations.
B. 
Mission Statement. Malibu is committed to ensure the physical and biological integrity of its environment through the development of land use programs and decisions, to protect the public and private health, safety and general welfare.
Malibu will plan to preserve its natural and cultural resources, which include the ocean, marine life, tide pools, beaches, creeks, canyons, hills, mountains, ridges, views, wildlife and plant life, open spaces, archaeological, paleontological and historic sites, as well as other resources that contribute to Malibu's special natural and rural setting.
Malibu will maintain its rural character by establishing programs and policies that avoid suburbanization and commercialization of its natural and cultural resources.
Malibu will gradually recycle areas of deteriorated commercial development that detract from the public benefit or deteriorate the public values of its natural, cultural and rural resources.
Malibu will provide passive, coastal-dependent and resource-dependent visitor-serving recreational opportunities (at proper times, places and manners) that remain subordinate to their natural, cultural and rural setting, and which are consistent with the fragility of the natural resources of the area, the proximity of the access to residential uses, the need to protect the privacy of property owners, the aesthetic values of the area, and the capacity of the area to sustain particular levels of use.
(Prior code § 9102; Ord. 86 § 3, 1993; Ord. 93 § 5, 1993)
A. 
Except as hereafter provided, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:
1. 
No building may be erected and no existing building shall be moved, altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner which is in conflict with the purposes and intent of the city's general plan.
2. 
No building may be erected and no existing building shall be moved, altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than as listed in this title, or amendments thereto, as permitted in the zone in which such land, building or premises is located.
3. 
No building shall be erected nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the zone in which such building is located except where otherwise provided in Chapter 17.40, Property Development and Design Standards, Chapter 17.72, Variances and Modifications and Chapter 17.62, Development Permits.
4. 
No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformity with the building site requirements outlined in Chapter 17.40, Property Development and Design Standards, or amendments thereto, and the zone in which such building is located except where otherwise provided.
5. 
No yard nor open space provided adjacent to any building for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure.
B. 
Site Restoration Bond. Before any permit may issue, the permittee shall post a bond with the city in an amount determined by the building official which is sufficient to restore the site to its preconstruction state. Room additions, repairs, remodels and new construction of a single-family residence on a single lot are exempt from this requirement, unless the building official finds such a bond is required to protect the public health, safety, and welfare.
C. 
Grandfather Provision.
1. 
Applications accepted by the city for projects exempt from the development moratorium, Ordinance No. 58U, as amended, shall be processed and approved or denied subject to the ordinances that were in effect at the time that the application was accepted as complete by the city.
2. 
Applications accepted by the city shall be processed and approved or denied subject to the provisions of this title that were in effect at the time that the application was accepted as complete by the city.
(Prior code § 9110; Ord. 86 § 3, 1993; Ord. 93 § 6, 1993; Ord. 113 § 4, 1994)
A. 
Purpose. This section and Section 17.02.060 are intended to facilitate interpretation of the provisions of this title by providing consistent language and by clarifying terms used in this title.
B. 
Construction. When used in this title, the words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses, and the future tense includes the past. The singular number includes the plural, and the plural, the singular.
C. 
Time of Day. Whenever a certain hour or time of day is specified in this title or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the city.
D. 
Number of Days. Whenever a number of days is specified in this title or any permit, conditions of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days.
E. 
Rounding of Quantities. Whenever this title requires consideration of distances, parking spaces of other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number, when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise noted in this title.
F. 
Interpretation. Administrative interpretations that have been reduced to writing shall be maintained in a notebook available for public inspection.
(Prior code §§ 9600—9605; Ord. 86 § 3, 1993; Ord. 261 § 4, 2004)
As used in this title:
"Adjusted regional housing needs assessment (RHNA)"
means the unmet very-low and low-income RHNA after crediting units by income category constructed during the current planning period.
"Aerobics/dance studio"
means a private facility which conducts classes to groups of individuals generally in one room, and does not provide showers, pools, saunas, and other features of a full service health club.
"Affordable housing agreement"
means a legally binding agreement between an applicant and the city of Malibu to ensure that continued affordability of the affordable housing units persists, and the units are maintained in accordance with Chapter 17.41.1 of this code.
"Affordable housing/affordable residential unit"
means a housing unit which is available for sale or for rent to moderate, low and/or very-low income households, as those terms are defined in this section.
"Affordable housing development"
means a multifamily residential development in which all of the affordable bonus units are affordable to low and moderate income households.
"Affordable rent"
means monthly rent charged to low and very-low income households for housing units as calculated in accordance with Section 50053 of the California Health and Safety Code.
"Agricultural employee"
means a person who works full or part-time (24 hours or more per week) in the service of a commercial agricultural operation.
"Agricultural employee housing"
means any living quarters or accommodations of any type specifically for agricultural employees and which comply with Health and Safety Code Sections 17008 and 17021.6 and other applicable provisions of the Employee Housing Act.
"Alley"
means a public or private right-of-way less than 40 feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.
"Ancillary room"
means a loft or other room (den, study or library, for example) not used as a bedroom and which:
1. 
Is substantially open to or overlooks another room (such as a living room, dining room, kitchen or master bedroom);
2. 
Serves as an extension of that adjoining room;
3. 
Shall not include a bathroom or any other plumbing, or closets; and
4. 
Due to its location, layout and/or amenities is not easily usable as an additional bedroom.
"Antennae"
means any transmitting and receiving devices.
"Apartment unit"
means one or more rooms with private bath and kitchen facilities comprising an independent rental unit.
Arcade, Game (Penny).
"Game (penny) arcade" means any premises where there is maintained five or more games of skill or amusement whereby machines, contests, devices, games, tables, boards or amusements, the operation of which is permitted, controlled, obtained, conducted, allowed, authorized or made possible by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or receptacle, or by the payment of any fee or fees, and where the machine, contest, device, game, table, board or amusement tests, or provides a means for testing, the skill of the operator thereof with reference to its operation or the results thereof.
Area Density Diagram.
See "Floor area ratio."
Area, Net.
"Net area" means that portion of a lot or parcel of land which is:
1. 
Not subject to any easement or included as a proposed public or private facility such as an alley, highway or street or other necessary public site within a proposed development project;
2. 
Subject to an easement where the owner of the underlying fee has the right to use the entire surface except that portion where the owner of the easement may place utility poles or minor utility structures;
3. 
That portion of a corner lot or corner parcel of land not to exceed five percent of the net area within a corner cutoff.
Except as above provided, portions of a lot or parcel of land subject to a highway easement or any other private or public easement shall not be counted as a part of the net area.
"Array of merchandise or menu"
means 50% or more of in-stock merchandise or menu items.
"Art gallery"
means a retail or wholesale establishment featuring exhibits and sale of art work including, but not limited to, drawings, paintings, sculptures, ceramics, photographs, and other art media.
"Artist loft studio"
means a room or structure in which original works of art are created on site and, if living quarters for the artist are included, the living quarters do not exceed 50% of the square footage of the total studio space.
"Automobile service station"
means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs and carburetors cleaning are conducted. "Automobile service stations" shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body and fender work are conducted.
"Awning"
means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
"Bar and cocktail lounge"
means saloons, bars, cocktail lounges, nightclubs, pubs, discotheques, taverns and similar places used primarily for drinking and designed for social interaction and/or stage show entertainment.
"Basement"
means that portion of a building or an area enclosed by walls located below finished grade and beneath or partially beneath the first floor footprint above, where the vertical distance from finished grade to the bottom of the finished floor above is no more than three vertical feet at all points around the perimeter of all exterior walls. A basement does not constitute a story. Basements for buildings that are constructed on beachfront lots that slope down toward the Pacific Ocean from the abutting road shall be defined as follows: any portion of a building enclosed by walls that is: (1) located no farther than half of the total length (front to rear) of the structure as measured from the center line of the abutting road; (2) located entirely below the centerline elevation of the abutting road; (3) located directly below the first floor footprint above; and (4) where only the walls facing the side property lines are daylighting.
"Bed and breakfast inn"
means a facility offering transient lodging accommodations to the public and providing kitchen facilities adequate to provide meals to the guests of the facility only and not otherwise open to the public.
"Bedroom"
means any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door and is accessible to a bathroom without crossing another bedroom.
"Bicycle parking space"
means any permanently maintained bicycle rack or other similar device which is designed for the secure storage of a standard size bicycle.
"Booking transaction"
means any reservation or payment service provided by a natural person, joint venture, joint stock company, partnership, association, club, company corporation, business trust, or organization of any kind who facilitates a short-term rental transaction between a prospective guest and an owner.
"Bookstore"
means any premises which has a substantial or significant portion of its stock in trade books, magazines, periodicals, pamphlets or newspapers.
"Building"
means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials or any kind or nature.
Building, Enclosed.
"Enclosed building" means a structure which is not open to the air for more than 40% of its surface.
"Cellar"
means any structure located entirely outside of the first floor footprint of a building, and located entirely below grade, except for an opening for pedestrian ingress and egress that shall have a minimum clear width of at least 30 inches and a maximum clear width of 48 inches.
Centerline.
Where reference is made to the "centerline" of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the county engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. The established centerlines are those shown on a series of maps entitled County Surveyor's Maps or County Surveyor's Field Maps on file in the office of the county engineer, except that where two or more such centerlines are shown on any map in said series of maps, the centerline labeled "proposed centerline" is deemed to be the centerline of the parkway, major or secondary highway.
"Change of use"
means a discontinuance of a use and the substitution of a different use.
"City council"
refers to the city council of the city of Malibu.
"Civic Center wastewater treatment facility (CCWTF)"
means a public utility facility to be constructed in the Malibu Civic Center area in response to the prohibition on discharges from on-site wastewater treatment systems in order to provide centralized municipal wastewater treatment facilities to affected properties.
"Club"
means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
"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 agriculture"
means the growing of crops for food or fiber, or grazing or raising of livestock with the intent to sell the products for profit. Commercial agriculture does not include crops or agriculture grown for personal consumption or equestrian uses.
"Commercial parking lot or building"
means a parking area or structure established or operated as a business, providing off street parking for a fee or charge.
"Commission"
refers to the planning commission of the city of Malibu.
"Common interest development"
means any residential condominium, residential community apartment house, or residential stock cooperative.
"Communication equipment building"
means a building housing operating electrical and mechanical equipment necessary for the conducting of a public utility communications business, with or without personnel.
"Compatible"
means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.
"Concessions"
means regulatory allowances which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive which would result in an identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus.
"Conditions of use"
means a development standard determined to be necessary to permit the harmonious introduction of a use in a zone and therefore a prerequisite to place or maintain such use.
"Condominium"
means a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a portional, undivided basis.
"Condominium association"
means the association which administers and maintains the common property and common elements of a condominium.
"Convenience store"
means any retail establishment offering for sale pre-packaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
"Conversion"
means a change of a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in Section 18214 of the Health and Safety Code, or a residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, to a condominium, cooperative, or similar form of ownership, or to a non-residential use.
"Council"
refers to the city council of the city of Malibu.
"County"
refers to the county of Los Angeles.
"County engineer"
refers to the county engineer of the county of Los Angeles.
"Deck"
means an open porch or platform which projects more than two feet from the adjacent structure or is freestanding and at least two feet in width.
"Décor"
means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures.
"Demolition"
means the deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or other use.
"Density bonus"
means a density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete.
"Density bonus units"
means those additional residential units gained pursuant to the provisions of the density bonus ordinance.
"Development"
means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this subsection, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.
Development Area, Proposed.
"Proposed development area" means the proposed portion of a project site that will be developed, including the building pad and all graded slopes, all structures, and parking areas. The area of one proposed access driveway or roadway not to exceed 20 feet wide, and one proposed hammerhead or safety turnaround, as required by the Los Angeles County fire department not located within the approved building pad, shall be excluded from the total proposed development area.
"Director"
refers to the planning director of the city of Malibu or his or her designated appointee.
"Domestic animal"
means an animal which is commonly maintained in residence with humans.
"Dormitory"
means a building used as group living quarters for a student body in conjunction with a college, university, boarding school, orphanage or other similar institutional use.
"Dry cleaning establishment"
means any premises, equipped to perform the service as defined in the California Business and Professions Code. A "dry cleaning establishment" may include a dry cleaning agency, a retail or wholesale dry cleaning plant and dry cleaning, self-service or coin operated.
Dry Cleaning Plant, Retail.
"Retail dry cleaning plant" means a plant, the gross sales of which consist of at least 51% of direct sales to persons other than licensed dry cleaners.
Dry Cleaning Plant, Wholesale.
"Wholesale dry cleaning plant" means a plant, the gross sales of which consist of at least 51% of sales to licensed dry cleaners.
Dwelling, Single-Family.
"Single-family dwelling" means a building containing one dwelling unit constructed entirely on site, or a unit constructed and/or assembled off site, including mobilehomes manufactured and certified under the National Mobilehome Construction and Safety Standards Act of 1974 and located on a permanent foundation system approved by the building department.
"Dwelling unit"
means one or more rooms in a building or portion thereof designed, intended to be used or used for occupancy by one family for living and sleeping quarters and containing only one kitchen. "Dwelling unit" also includes:
1. 
One or more habitable rooms within a mobilehome which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation; and
2. 
Any room used for sleeping accommodations which contains a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except a guest room or guest suite in a motel, hotel or bed and breakfast inn.
Dwelling Unit, Efficiency.
"Efficiency dwelling unit" means a dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
"Easement"
means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
"Emergency communication and service facility"
means a structure whose primary purpose is for communication or communication-related service activity in support of emergency response activities. Such facilities are typically unmanned, and during emergencies are not used as centers for emergency personnel.
"Emergency shelter"
means housing with minimal supportive services for homeless persons, which is limited to occupancy of six months or less by a homeless person and is operated by a government agency or private nonprofit organization.
"Employee housing"
means "employee housing" as defined in Health and Safety Code Section 17008.
"Environmental review board"
is the Malibu environmental review board or any body designated by the city council to perform its functions.
"Environmentally sensitive habitat area (or ESHA)"
is any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
"Extremely-low income household"
means a household whose income does not exceed 30% of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50052.5 of the California Health and Safety Code.
"Façade"
means the exterior wall of a building exposed to the public view or that wall viewed by persons not within the building. For the purposes of Chapter 17.61 only, "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.
"Family"
means one or more individuals occupying a dwelling unit and living as a single household.
"Farmers' markets"
means temporary outdoor public or commercial gathering where fresh produce sold by certified farmers as the primary product, as well as prepared foods, crafts, and the like, are offered for viewing or sale. Part or all of the farmers' market is conducted outside of an enclosed structure; sidewalk sales are not included under this definition. Each vending location shall have access via an internal walkway, court-yard, path, or common area and all structures shall consist of the placement of non-permanent structures. A farmers' market shall comply with the following criteria:
1. 
The farmers' market shall maintain current certification by the Los Angeles County Agricultural Commissioner/Weights and Measures Department;
2. 
A minimum of 65% of the total linear frontage of vendor booths shall contain produce sold by certified farmers or those food or flower products not subject to certification such as flowers, jams, honey, nuts, fish, dried fruit, olives, pickles and juices. When calculating the total linear footage of vendor booths within the market, the linear footage of those booths occupied by nonprofit organizations that provide educational information and/or sell products shall be excluded;
3. 
No entertainment shall be allowed at the farmers' market which is audible from outside the property.
"Fences, walls and hedges"
means artificially constructed barriers of any material or combination of materials erected to enclose or screen an area of land. See also "Open fencing."
Flag, Official.
"Official flag" means an official flag of the United States of America and other nations, states, countries, or municipalities.
Floor Area, Gross.
"Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the interior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six feet.
"Floor area ratio"
means the formula for determining permitted building area as a percentage of lot area; obtained by dividing the above-ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.
"Formula retail"
means any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with 10 or more other 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 décor; (4) standardized façade; (5) standardized layout; (6) standardized signage, a servicemark, or a trademark; (7) uniform apparel.
Frontage, Building.
"Building frontage" means the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. Building frontage shall be measured continuously along the building wall for the entire length of the building establishment, including any portion thereof which is other than parallel to the remainder of the wall.
Frontage, Primary Commercial.
"Primary commercial frontage" means the portion of a commercially zoned lot which parallels the block face which contains the greatest amount of commercial zoning.
Frontage, Street.
"Street frontage" means that portion of a lot or parcel of land which borders a public street. Street frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway.
"Game room" or "gaming area"
means an area designated exclusively for customer participation entertainment providing gaming, pool tables, pinball machines, etc.
"Garage"
means a deck, building, structure or part thereof, used or intended to be used for the parking and storage of motor vehicles.
"Garage sale"
means any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.
Garage, Subterranean.
"Subterranean garage" means that portion of a building or an area enclosed by walls, used for parking and storage of vehicles, which is located below finished grade and beneath or partially beneath the first floor footprint above, where the vertical distance from finished grade to the bottom of the finished floor above is no more than three vertical feet at all points around the perimeter of all exterior walls, except for that portion of the wall with the opening for vehicular ingress and egress. A subterranean garage does not constitute a story.
"Geotechnical hazard"
means soils or geologic conditions that could adversely affect the safety of the building site in accordance with the current building code.
"Grade (finished)"
means the finished ground level around the perimeter at all exterior walls of a building.
"Grade (ground level)"
means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.
Grading Project, Off-Site Transport.
"Off-site transport grading project" means any excavation or fill, or combination thereof, necessary and incidental to impending building construction or other lawful development which will require the removal from, or importation to, a lot or parcel of land more than 5,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other minerals along a transport route having more than 10 occupied dwelling units in single- or two-family residences, apartment houses, mobilehomes or any combination thereof, or having a hospital or an accredited public or private school offering instruction required to be taught by the Education Code of the state of California, located within a parallel corridor 200 feet wide on each side of and measures from the edge of the existing right-of-way for a distance equal to the extent of such route of for a distance of 2,640 feet, whichever distance is less. "Impending building construction or development," as used in this section, means the initiation of such construction or development within one year.
Grade Project, On-Site.
"On-site grade project" means any excavation or fill, or combination thereof, requiring a grading permit under the provisions of Chapter 15.04 of this code which will involve a volume of earth greater than 50,000 cubic yards, whether filed as one permit or the cumulative total of more than one permit on the same lot or parcel of land within a one-year period.
"Grand opening"
means an advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following remodeling or major renovation.
"Ground floor"
means the first floor of a building other than a cellar or basement.
"Guest"
means a natural person who rents a short-term rental or is an invitee of such person. This definition is applicable to Chapter 17.55 only.
"Guest house"
means detached living quarters on the same premises as a single-family residence for the use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities and not rented otherwise used as a separate dwelling.
Habitable Floor Area.
See "Living area."
"Handicapped accessible unit"
means a building or portion of a building containing one dwelling unit, intended or used for the sole occupancy of not more than two persons at any time, one of whom is physically or mentally disabled.
"Health care facilities"
means any facility, place, or building maintained and operated to provide medical care. Health care facilities include, but are not limited to, hospitals, intermediate care facilities, clinics, and home health agencies, all of which are licensed by the State of California Health and Human Services Agency. Health care facilities do not include residential care facilities for the elderly.
"Health club"
means, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), with full service facilities, including, but not limited to, showers, lockers, pools and saunas.
Hedges.
See "Fences, walls and hedges."
"Heliport"
means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.
"Helistop"
means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo, but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.
"High intensity use"
means commercial uses whose activities could adversely impact adjacent residences, schools, or other uses; such as alcohol sales, gasoline stations, automobile and truck repair and parts, 24 hour markets, carry out food establishments, entertainment (nightclubs, concert halls, dance clubs, etc.), video arcades, restaurants and bars, and adult businesses.
"High occupancy facilities"
means all buildings with assembled occupancies of 100 or more persons.
"Hillside residential development"
means a residential development occurring on a parcel of land on the inland side of Pacific Coast Highway on a proposed development area located on slopes over 30% and which will result in grading on slopes over 30%, as calculated on a slope analysis utilizing 10 foot contour lines.
Homeless shelter.
See "Emergency shelter."
"Home occupation"
means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
Hospice.
See "Residential care facility."
"Hospital"
means any institution, place, building or agency licensed by the Departments of Public Health, or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence, and includes sanitarium, sanatorium, convalescent home, nursing home and maternity home.
Hospital, Small Animal.
"Small animal hospital" means any facility providing medical or surgical treatment, clipping, bathing or other services, including incidental boarding to dogs, cats and other animals.
"Hosting platform"
means a natural person, joint venture, joint stock company, partnership, association, club, company corporation, business trust, or organization of any kind who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
"Hotel"
means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants and meeting rooms.
"Hotel room"
means a unit or room in a hotel or motel, used for transient purposes and not the principal place of residence of the occupant(s).
"Household"
means a family living together in a single dwelling unit, with a common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
"Housing development"
means a development project for five or more residential units. Within Chapter 17.41.1 of this code, it also includes a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multifamily building.
"Illegal nonconforming building or use"
means a building or use that does not conform to one or more of the provisions of this title and did not lawfully exist on the effective date of applicable chapters of this title.
Incentives.
See "Concessions."
"Incidental use"
means a use which is secondary to the primary use of a property and which does not intensify the use.
"Initial subsidy"
means the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (e.g., X (fair market value of the home to be purchased) – Y (the price the moderate income household paid for the home) + Z (amount of any down payment assistance) = Initial Subsidy).
Infill Lot, Residential Zone.
"Residential zone infill lot" means a lot where at least 80% of the legal lots within a 300 foot radius of the subject lot, but in no event less than 10 lots, are developed with a residential structure.
"Institutional development"
means any development on public or private land that is intended for public and quasi-public uses and facilities such as emergency communications and services, libraries, museums, maintenance yards, educational (private and public) and religious institutions, community centers, parks and recreational facilities, and governmental facilities including police and fire stations.
"Intensification of use"
means a change of use or increase in size (area) of a use which causes the need to provide additional parking spaces according to the city's off-street parking and loading standards.
"Kennel"
means an establishment in which three or more dogs or domesticated animals more than four months old are housed, groomed, bred, boarded, trained, or sold.
"Kitchen"
means a room or space within a building intended to be used for the cooking and preparation of food.
"Layout"
means the interior arrangement of furniture, service area, or permanent fixtures. This definition is for purposes of Chapter 17.61 only.
"Limited equity cooperative"
means a corporation organized pursuant to the California Health and Safety Code and the California Business and Professionals Code.
"Living area"
means the interior habitable area of a dwelling unit, including basements and attics but does not include a garage or accessory structures.
Loft.
See "Mezzanine."
"Lot"
means a designated parcel, tract or area of land established by plot, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. A legal lot is the above mentioned area as it is recorded with this city.
"Lot area"
means the total area within the lot lines of a lot, excluding any street rights-of-way.
Lot, Corner.
"Corner lot" means a lot or parcel of land situated at the intersection of two or more parkways, highways or streets, which parkways, highways or streets have an angle or intersection measured within the lot or parcel of land of not more than 135 degrees.
Lot, Flag.
"Flag lot" means a lot or parcel of land taking access by a strip, owner of which lot or parcel of land has fee-simple title to said strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
Lot, Interior.
"Interior lot" means a lot or parcel of land other than a corner or flag lot.
Lot, Key.
"Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot.
"Lot line"
means a boundary line of a lot or a parcel of land.
Lot Line, Front.
"Front lot line" means a line separating the front yard from the parkway, highway or street upon which the yard fronts; or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from said adjoining lot.
Lot Line, Rear.
"Rear lot line" means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot the "rear lot line" means a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.
Lot Line, Side.
"Side lot line" means any lot boundary line which is not a front lot line, or a rear lot line.
Lot, Reversed Corner.
"Reversed corner lot" means a corner lot, the parkway, highway or street side of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of the lot.
Lot, Through.
"Through lot" means a lot having frontage on two parallel or approximately parallel parkways, highways and/or streets.
"Low income household"
means a household whose income does not exceed 80% of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50079.5 of the California Health and Safety Code.
"Lower income households"
include persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Lower income households include very-low income households, as defined in Section 50105 of the California Health and Safety Code, and extremely-low income households, as defined in Section 50106 of the California Health and Safety Code.
"Manufacturing"
means manufacturing activities that include apparel and other garment products, furniture and fixtures, printing both commercial and industrial, leather products, pottery, glass blowing and the measuring, analyzing, and controlling instruments, photographic, medical and optical goods and the like.
"Marijuana"
shall have the same meaning as the definition of that word in Health and Safety Code Section 11018, as amended.
"Medical marijuana dispensary"
means any association, cooperative, club, coop, delivery service, collective, and any other similar use involved in the sale, possession, cultivation, use, and/or distribution of marijuana for medicinal purposes in accordance with Health and Safety Code Section 11362.5, as amended.
"Mezzanine"
means an intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total of any such mezzanine floor exceeds thirty-three and one-third (33 1/3) percent of the total floor area in that room, it shall constitute an additional story. The clear height above or below a mezzanine floor shall not be less than seven feet. No more than one continuous mezzanine may be permitted in any one room. A loft shall be considered a mezzanine.
"Moderate income household"
means a household whose gross income does not exceed 120% of the area median for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Sections 50079.5 and 50052.5 of the California Health and Safety Code.
"Motel"
means a facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.
"Motor vehicle repair facilities"
means the use of any building, premises or land in which or upon which the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
"Motor vehicle sales facilities"
means the use of any building, premises or land for the display and sale and/or lease of new or used automobiles, light trucks, vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
"Motor vehicle washing facility"
means any building or premises or portion thereof used for washing motor vehicles.
"Multifamily residence"
means a building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units.
"Narrow residential lot"
means any residentially zoned lot with a width of 40 feet or less.
"Neighborhood-serving construction services"
means construction service companies including, but not limited to, paving, electrical, painting and plumbing contractors which provide construction support services primarily to local residents and business owners. Ancillary uses of such businesses may include outdoor storage and maintenance of equipment and materials used in the course of normal business operations.
"Nightclubs"
means any bar, cocktail lounge, discotheque, restaurant, or similar activity which includes alcoholic beverage service, dancing and/or entertainment, whether such activity is the principal business use or incidental to a primary use.
"Nonconforming sign"
means a sign which lawfully existed prior to the effective date of this title, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended title.
"Nursery school"
means a school of pre-elementary school age children which provides controlled activities and/or instruction.
"Nursing home"
means a facility licensed to provide full-time convalescent or chronic illness or infirmity, are unable to care for themselves.
"On-site"
means any activity or item that is located on the lot which is the subject of discussion.
"Open fencing"
means a barrier constructed of material which is transparent, such as glass or plastic panels, or wrought iron or other solid material which is 90% open to light and air. See also "Open/permeable, non-view obscuring."
"Open/permeable, non-viewing obscuring"
means fencing constructed of material which is transparent, such as glass or plastic panels, or wrought iron or other solid material which is 90% open to light and air.
"Outdoor dining"
means any restaurant or other eating establishment where seating is provided and food and/or beverages are served, on private property, and where there is not a roof and walls on all sides of the seating area.
"Outdoor storage"
means the keeping in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.
"Parcel of land"
means a contiguous quantity of land, owned by or recorded as the property of the same claimant or person, or in the possession of the same claimant or person pursuant to a recorded lease with a term of not less than 20 years.
"Park"
means a parcel or parcels of land intended for public recreation or resource preservation uses. Parks may be developed for active or passive recreation activities or both and may also include unlighted sports fields, community buildings and unique or specialized activity areas.
"Permitted use"
means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
"Person"
means any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit.
"Personal services"
means a business which provides a service, such as a beauty salon, a barber shop, hair, nail, massage services and tanning salons.
"Philanthropic, charitable or educational nonprofit activity"
means any activity of a noncommercial, nonpolitical, and nonprofit making nature.
"Planning clearance"
means a ministerial certificate issued by the planning department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this title.
"Planning commission"
refers to the planning commission of the city.
"Planning verification"
means a ministerial verification by the building or planning departments to determine for purposes of reconstruction the physical specifications of a structure destroyed or damaged by fire, earthquake, act of war or other calamity.
"Plot plan or plan"
shall be construed to mean a site plan.
"Primary building"
means the main building or structure in which the principal use of the lot on which it is situated is conducted, as distinguished from a secondary or accessory building or structure.
"Primary use"
means a principal or dominant use established, or proposed to be established, on a lot or parcel of land, as distinguished from a secondary or accessory use.
"Processing"
means a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.
"Professional office"
means the office of a member of a recognized profession maintained for the conduct of that profession.
"Property line"
means the recorded boundary of a parcel of land.
"Proportionate share of appreciation"
means the ratio of the local government's initial subsidy as defined to the fair market value of the home at the time of initial sale (e.g. X (initial subsidy) / Y (fair market value) = Proportionate Share of Appreciation).
"Public or private educational institutions"
means and includes private and/or public preschools, primary schools, secondary schools, community colleges, colleges, universities, and professional schools offering educational programs that may grant certificates and/or degrees. These institutions may include lecture halls, classrooms, laboratories, gymnasia, libraries, cafeterias, auditoria, offices for personnel, and other education-related institutions and ancillary uses (excluding housing facilities).
"Public utility service center"
means any buildings or premises used for the administration of public utility repair, maintenance and installation crews, including parking for vehicles not to exceed two tons rated capacity, but not including warehouses or storage yards.
"Public utility service yard"
means any building or premises used for the office, warehouse, storage yard or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use.
"Qualifying residents"
means persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development, as defined in Section 51.2 of the California Civil Code.
Recreation Club, Commercial.
"Commercial recreation club" means a commercial enterprise offering the use of outdoor recreational facilities to the public.
Recreation Club, Private.
"Private recreation club" means an association of persons who are bona fide members, paying regular dues, and organized to provide outdoor recreational facilities for members and their guests, but not including an association organized primarily to render a service customarily carried on as a commercial enterprise.
Recreation Facilities, Neighborhood.
"Neighborhood recreation facilities" means outdoor recreation facilities established by an association of persons who are bona fide members and operate as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity, but shall not include a restaurant or bar.
"Religious facilities"
means churches, temples, or other places used exclusively for religious worship, including customary incidental educational, residential and social activities in conjunction therewith.
"Remedial grading"
means grading recommended by a California licensed geologist that is necessary to mitigate a geotechnical hazard on a site (including access driveways), such as: (1) repair of a landslide; (2) over-excavation of a building site to remediate expansive or compressible soils; and/or (3) altering a building pad to improve site stability (usually by removing materials and lowering finish grade).
"Remodel"
means the upgrade of the interior or exterior faces of a building or structure without altering the existing foundation, footprint or building envelope. "Remodeling" may include the replacement of exterior walls within the limitations described herein and according to the requirements of the building code, provided that such remodeling can meet the standards for zone clearance or plot plan review.
"Residential care facility for the elderly"
means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as provided in California Health and Safety Code Section 1569.2, as the same may be amended from time to time.
"Residential community apartment house"
means a residential complex in which an undivided interest in the land either in fee simple or a term of years, is coupled with the right of exclusive occupancy in an apartment located therein.
"Residential condominium"
means an estate in real property consisting of an undivided interest in common in a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or a subleasehold.
"Residential stock cooperative"
means a residential complex which is owned, or is to be owned, by a corporation ("cooperative housing corporation") which is formed or availed of primarily for the purpose of holding title to, either in fee simply or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share of shares of stock or memberships in the corporation held by the person having such right of occupancy.
"Restaurant"
means any building, room, space or portion thereof where food is prepared and sold for consumption primarily to persons seated within the building. A restaurant does not include incidental food service.
"Regional housing needs assessment (RHNA)"
means the projected housing need by income category for the current planning period pursuant to Government Code Section 65583.2(h), as adopted by the Southern California Association of Governments in accordance with Government Code Section 65584.
Residential care facility, large.
A "large residential care facility" is any family home or group care facility serving seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.
Residential care facility, small.
A "small residential care facility" is any family home or group care facility serving six or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.
Restaurant, Carry Out.
"Carry out restaurant" means any restaurant with prepared food or quickly cooked food for consumption on-site at provided seats and tables or for take out. Such restaurants are characterized generally by a limited menu, disposable wrapping for food and rapid turnover in customers.
Restaurant, Waitered.
"Waitered restaurant" means any restaurant with waiters/waitresses providing table service, where food is prepared and served at tables for consumption on-site at provided seats and tables.
"Restricted unit"
means a dwelling unit that is affordable to very-low, low-, and moderate-income persons.
"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.
"Room"
means an enclosed area which is designed, used or intended to be used as sleeping accommodations for any person(s), and which does not contain a bar sink and/or gas/electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by this title.
Room, Guest.
"Guest Room" means one which is designed, used or intended to be used as a temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by this title.
"School"
means any building or part thereof which is designed, constructed or used for education or instruction, whether public or private, in any branch of knowledge.
"Second unit"
means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
"Senior citizen housing development"
means a residential development developed, substantially rehabilitated or renovated, and having at least 35 dwelling units for senior citizens in compliance with the requirements of Sections 51.3 and 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the California Civil Code.
"Sensitive facilities"
means those facilities which may by nature of their occupants be inhibited in their rapid evacuation capabilities, such as nursing homes, senior citizens' housing and other low-mobility uses; and commercial and industrial facilities containing hazardous materials or potentially hazardous operations requiring safe shut-down procedures.
"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 distance between the parcel line and a building not including permitted projections.
"Shallow residential lot"
means any residentially zoned lot with a depth of 100 feet or less.
"Shopping center"
means a group of retail, retail service, and other commercial establishments operating under common management or having common areas such as walkways, parking, public restrooms, or similar shared amenities, and having at least 10,000 square feet of gross floor area, whether on one parcel or multiple parcels. This definition is for purposes of Chapter 17.61 only.
"Short-term rental"
of property shall mean the renting, or offer to make available (by way of a rental agreement, lease, license or any other means, whether oral or written), for compensation or consideration, of residential property, a dwelling unit, or a portion thereof, for a period of 30 consecutive days or less to a transient.
"Single-room occupancy facility"
means a structure that provides living units that have separate sleeping areas and may have private or some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents.
"Single-room occupancy unit"
means a room that is used, intended or designed to be used by no more than two persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom.
"Site coverage"
means the horizontal area measured at the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
"Special event"
means a significant occurrence or happening which is arranged for a particular occasion or purpose.
"Stand"
means a structure for the display and sale of products with no space for customers within the structure itself.
"Story"
means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. A basement shall not be considered a story if the finished first floor does not exceed three feet above the average natural grade of the parcel. An unfinished attic shall not be considered a story. A mezzanine shall be considered a story if it is not open to the floor below, if it contains any enclosed rooms, bathrooms, closets, and the like, or if it contains more than thirty-three and one-third (33 1/3) percent of the total floor area of the room(s) onto which it opens.
"Street"
means a public right-of-way, other than a parkway, major or secondary highway or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.
"Stringline rule"
means a development standard used to establish beachfront structure setbacks.
"Structure"
means anything construed or erected which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.
"Supportive housing"
means a building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a "target population", and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
"Temporary structure"
means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Theater"
means an enclosed building used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. This definition shall include "auditorium."
"Total development square footage"
means the calculation of the interior space of the primary and accessory structures (including interior and exterior walls). Accessory structures shall include, but are not limited to, guest houses, garages, barns, sheds, gazebos, cabanas. Decks, terraces and balconies shall not be included in total square footage calculations when they are a part of a primary or accessory structure and are open on all sides.
"Trademark"
means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods from one party from those of others.
"Transitional housing"
means a building or buildings configured as rental housing development occupied by the "target population," but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
"Target population"
means persons or families who are "homeless" (as that term is defined by Section 11302 of Title 42 of the United State Code), or who are "homeless youth" (as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless" as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.
"Tree"
means a plant having at least one well defined stem or trunk and normally attaining a mature height of at least 15 feet, and having a trunk that shall be kept clear of leaves and branches at least six feet above grade at maturity.
"Tree, Fifteen Gallon."
A 15 gallon container tree shall be no less than one inch caliper and at least six feet in height above grade at the time of planting.
"Tree, Twenty-four Inch Box."
A 24 inch box tree shall be no less than one and three quarters inch caliper and at least seven feet in height above grade at the time of planting.
"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.
"Use"
means the purpose or activity for which land or a structure is designed, arranged, intended, occupied or maintained.
"Very-low income household"
means a household whose income does not exceed 50% of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50105 of the California Health and Safety Code.
Walls.
See "Fences, walls and hedges."
"Warehousing"
means the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.
"Wheel stop"
means a physical barrier sufficient in size and shape to prevent the movement of automobiles or other vehicles over or past such barrier.
"Wholesale trade"
means establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
"Wireless transmission facilities"
means any cellular phone, radio or television sending and/or receiving device, or any warning and navigational signals and beacons; or any similar devices.
"Yard"
means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.
Yard, Front.
"Front yard" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the highway line of the parkway, highway or street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.
Yard, Rear.
"Rear yard" means a yard extending across the full width of the lot or parcel of land. The depth of the required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
Yard, Side, Corner.
"Corner side yard" means a yard bounded by a parkway, highway or street, extending from the required front yard, or the highway line on which the property.
Yard, Side, Interior.
"Interior side yard" means a yard extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.
"Zero lot line"
means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
(Prior code § 9606; Ord. 86 § 3, 1993; Ord. 93 § 90, 1993; Ord. 142 § 6, 1995; Ord. 151 §§ 24, 25, 1996; Ord. 173 § 8, 1998; Ord. 193 § 7(1), 1999; Ord. 254 § 3, 2003; Ord. 261 § 5, 2004; Ord. 266 §§ 4—6, 2004; Ord. 290 § 2, 2006; Ord. 293 § 3(A), 2006; Ord. 301 § 4(A), 2006; Ord. 310 § 4(A), 2007; Ord. 328 § 2, 2008; Ord. 373 § 6, 2013; Ord. 393 § 6, 2015; Ord. 431 § 4, 2018; Ord. 449 § 8, 2019; Ord. 468 § 2, 2020)