As used in this title:
"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 development"
means a multifamily residential development in which all
of the affordable bonus units are affordable to low and moderate income
households.
"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, 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.
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"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.
"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.
"Commission"
refers to the planning commission of the city of Malibu.
"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.
"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.
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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.
"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.
"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.
"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.
"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.
"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.
"Living area"
means the interior habitable area of a dwelling unit, including
basements and attics but does not include a garage or accessory structures.
"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.
"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.
"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.
"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.
"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 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.
"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.
"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.
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.
"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)