Throughout this title, the following words and phrases shall
have the meanings found in this section:
"Abatement"
means the act of causing a public nuisance to cease, terminate,
or come to an end.
"Abut or abutting"
means to physically touch or border upon; to share a common
property or district line.
"Abutting"
shall mean the same as "adjacent," "adjoining" or "contiguous."
"Access"
means a way or means of approach to provide physical entrance
to a property or use.
"Accessory building"
means a building which is incidental to, and customarily
associated with a specific principal use or facility, and located
on the same lot.
"Accessory dwelling unit" (ADU)
means a dwelling on the same property as a primary dwelling
that provides complete independent living facilities for one or more
people in compliance with California
Government Code Section 65852.2.
An accessory dwelling unit may be attached, detached, or internal
to a primary dwelling.
"Accessory use"
means a use incidental to and customarily associated with
a specific principal use, and located on the same lot.
"Acreage"
means unsubdivided land, other than a lot or lots of record.
"Addition"
means any construction which increases the size of a building
or facility, occurring after the completion of the original.
"Advisory body"
means a group of individuals that hears and provides recommendations
about a proposed project. The advisory body has no decision-making
authority. The community advisory commission sits as an advisory body
for zoning and land use matters when designated by city council resolution.
"Agriculture"
means the science and art of farming; producing crops, floriculture
and horticulture; being the work of cultivating the soil.
"Alcoholic beverage"
means alcohol, spirits, liquor, wine, beer, and every liquid
or solid containing alcohol, spirits, wine, or beer, and which contains
one-half of one percent or more of alcohol by volume and which is
fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
"Alley"
means any public or private way for the use of pedestrians
and/or vehicles which affords only a secondary means of access to
abutting property, and is not intended for general traffic circulation.
"Alteration"
means any construction of physical change in the internal
arrangement of rooms or the supporting members of a building or structure,
or moving of a building or structure, or substantial change in appearance
of any building or structure.
"Amendment"
means a change in wording, context or substance of this title
or a change in the zone boundaries upon the zoning maps, a part of
this title, when adopted by ordinance passed by the city council in
the manner prescribed by law.
"Antique"
means any work of art, piece of furniture, decorative object,
or the like, created or produced at least one hundred years before
date of purchase.
"Apartment"
means a dwelling unit within a duplex or multifamily dwelling.
"Appellate body"
means a group of individuals that hears and decides appeals
of decisions made by a lower body. The planning commission and the
city council are the appellate bodies in Lemon Grove.
"Application package"
means a set of materials, such as application forms and checklists
established by the community development director accompanied by maps,
studies, etc., filed by an applicant to officially request a permit
subject to this title.
"Approved"
refers to those uses, facilities, and structures that have
successfully completed all applicable permitting processes.
"Arcade"
means a building, room or portion thereof, or other area
either open or enclosed, which contains a concentration of coin or
token operated pinball, electronic video, or other similar game machines,
manipulated by players to attain scores.
"Assembly space"
means indoor or outdoor areas designed for gatherings such
as worship, recreation, or entertainment.
"Attached accessory dwelling unit"
means an accessory dwelling that shares at least one common
wall with the primary dwelling but is not entirely internal to the
primary dwelling.
"Bar"
means a public establishment wherein alcoholic beverages
are served.
"Berm"
means a mound or embankment of earth, together with necessary
retaining structures.
"Block"
means a unit of land bounded by streets or by a combination
of streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity of development.
"Block face"
refers to the group of front lot lines of a block.
"Boarding care"
means the housing, care, and feeding of household pets and
small farm animals as defined in LGMC 18.16 that is provided for stays
exceeding twenty-four hours, such as in a kennel or as part of medical
treatment.
"Boardinghouse"
means a dwelling or part thereof (not residential care facilities),
where lodging with or without meals is provided for compensation.
The boardinghouse shall have no more than five guest rooms (without
separate cooking facilities), nor accommodate more than ten persons
total. Lodging shall be provided for a time period of more than thirty
days.
"Building"
means any structure having a roof supported by columns or
walls and intended for the shelter, housing or enclosure of any person,
animal, process, equipment, goods, or materials of any kind or nature.
"Building coverage"
means the horizontal area measured within the outside of
the exterior walls of the ground floor of all principal and accessory
buildings on a lot.
"Building height"
means the vertical distance measured from the average elevation
of the finished grade around the building to the highest point of
the structure, exclusive of chimneys and permitted accessory projections.
"Building site"
means the ground area of a building or a group of buildings
together with all open space as required by this title. The building
site may encompass more than one lot.
"Business"
means a use or activity involving the sale or rental of goods or the sale or furnishing of services of any kind authorized according to Chapter
5.04.
"Car sharing"
means a model of vehicle rental where users can rent vehicles
for short periods of time and users are members that have been preapproved
to drive.
"Carport"
means a permanently roofed structure open on one or more
sides used or intended to be used for vehicular parking.
"Certificate of occupancy"
means a document or the completed final inspection document
issued by the proper authority allowing the occupancy or use of a
building and certifying that the structure or use has been constructed
or will be used in compliance with all the applicable municipal codes
and ordinances.
"Clinic"
means an establishment where persons receive examination,
treatment or advice concerning physical or mental matters, where patients
are not lodged overnight.
"Club"
means an association of persons for some common nonprofit
purpose, but not including groups organized primarily to render a
service, which is customarily carried on as a business.
"Cluster development"
means a form of residential development involving more than
one dwelling unit, which permits a reduction in lot area and yard
requirements, provided there is no increase in the number of units
permitted under conventional standards and the resultant land area
is devoted to open space.
"Cocktail lounge"
means a public room in a hotel, club, or restaurant where
cocktails and other alcoholic drinks are served from a separate bar.
"Code"
means the Lemon Grove Municipal Code.
"Code enforcement"
means enforcement of locally adopted ordinances or regulations
which specify minimum standards for the use of property, involving
monitoring for compliance and corrective and/or punitive measures
for violations.
"Complete" or "deemed complete"
means adequate submittal of an application package, including,
but not limited to, application forms, fees, studies, illustrations,
maps, and written narrative necessary to provide staff, officials,
and the public with a thorough understanding of the proposed project
that allows a decision to be rendered on the merits of the application.
"Conditional use"
means a use which may be appropriate in a zone, depending
on the location proposed for the use, its scale of activity, and its
relationship to surrounding uses and the area in general. A conditional
use may be denied the approval of a particular location because the
use is not compatible with surrounding uses at that location, or its
operation, as proposed, may be conditioned to the extent necessary
to assure compatibility and acceptance of the use among other uses
permitted in a zone.
"Condominium"
means an undivided interest in common in a portion of real
property coupled with a separate interest in space called a unit,
the boundaries of which are described on a recorded final map, parcel
map, or condominium plan in sufficient detail to locate all boundaries
thereof. The area within these boundaries may be filled with air,
earth, water, or fixtures, or any combination thereof, and need not
be physically attached to land except by easements for access and,
if necessary, support. The description of the unit may refer to: (1)
boundaries described in the recorded final map, parcel map, or condominium
plan; (2) physical boundaries, either in existence, or to be constructed,
such as walls, floors, and ceilings of a structure or any portion
thereof; (3) an entire structure containing one or more units; or
(4) any combination thereof.
"Condominium project"
means a real property development consisting of condominiums
as defined herein and under
Civil Code Sections 4125 and 6542, as
amended.
"Court"
means an open space, unobstructed from ground to sky, other
than a yard, that is on the same lot with and bounded on two or more
sides by the walls of a building.
"Covenant"
means a formal recorded agreement between two or more persons
to do or not do something specified.
"Covered parking"
means a carport or garage that provides full overhead protection
from the elements with ordinary roof coverings. Canvas, lath, fiberglass,
and vegetation are not ordinary roof coverings and cannot be used
in providing a covered parking space.
"Day care"
means a facility, licensed and equipped as required by law,
which provides non-medical care and supervision for periods of less
than twenty-four hours. This term shall include nursery schools.
3.
"Day care center"
means a day care, regardless of size or capacity that is
located in a commercial zone or commercial structure.
"Days"
means calendar days, unless otherwise noted.
"Decision"
means the written approval, denial, conditional approval,
or other determination. A decision may be in the form of a notice
of intent, resolution, report, or other dated instrument that memorializes
the date of determinations subject to this title.
"Density bonus"
means a density increase over the otherwise allowable maximum
residential density under the applicable zoning ordinance and land
use element of the general plan. The developer may elect to accept
a lesser percentage of density bonus.
Density, Gross.
"Gross density" means the number of dwelling units per unit
measurement of land; calculation includes all the land within the
boundaries of the particular area being considered, excluding nothing.
Density, Net.
"Net density" means the number of dwelling units per unit
measurement of land, where the particular area being considered in
the calculation is exclusive of all streets, easements and water areas.
"Detached accessory dwelling unit"
means an accessory dwelling that does not share any common
wall with the primary dwelling and is not internal to the primary
dwelling. A detached accessory dwelling unit may share one or more
common walls with another detached accessory dwelling unit.
"Development services director"
means the director that oversees the department, which is
delegated the principal responsibility over urban planning, permitting
of development and improvement of private property, zoning, subdivisions
and other land use matters under state and local law.
"Discretionary"
means exercising judgment on the merits of the application.
The community development director, planning commission, and the city
council may exercise discretion.
"Drive-in use"
means an establishment which by design, physical facilities,
service, or by packaging procedures encourages or permits customers
to receive services, obtain goods, or be entertained while remaining
in their motor vehicles.
"Dwelling"
means a building, or portion thereof, designed for or occupied
exclusively for residential purposes, but not including hotels, motels,
or boardinghouses.
1.
"Dwelling unit"
means one or more rooms, designed, occupied or intended as
separate living quarters, with private sanitary and kitchen facilities,
for the exclusive use of one household.
2.
Dwelling, Single-Family.
"Single-family dwelling" means a freestanding building, built
on, or assembled pursuant to the requirements of the Uniform Building
Code, or a mobile home as defined in the National Mobile Home Construction
and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.),
installed on a permanent foundation, designed or used exclusively
for occupancy by one household and containing one dwelling unit.
3.
Dwelling, Duplex.
"Duplex dwelling" means a building designed or used exclusively
for occupancy by two households and containing two dwelling units.
4.
Dwelling, Multifamily.
"Multifamily dwelling" means a building, or a portion of
a building, containing three or more dwelling units.
5.
Dwelling, Studio.
"Studio dwelling" means a dwelling unit consisting of not
more than one habitable room together with 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.
"Effective date"
means the date at which a decision becomes final. A decision
is final either at the end of the prescribed appeals period if no
appeal is submitted, or at the conclusion of the appeals process.
"Efficiency unit"
means a dwelling that has a minimum floor area of one hundred
fifty square feet, and that may also have kitchen or bathroom facilities.
"Emergency homeless shelter"
means housing with minimal supportive services for homeless
persons that is limited to occupancy of six months or less by a homeless
person. No individual or household may be denied emergency shelter
because of an inability to pay.
"Family"
means one or more individuals occupying a dwelling unit,
including transitional and supportive housing, and living as a single
household. The term "family" shall not be construed to include a fraternity,
sorority, club, or other group of persons occupying a hotel, boardinghouse,
or institution of any kind.
"Finished grade"
means the average elevation of the finished ground surface
within five feet of all walls of a building. In case walls are parallel
to and within five feet of a sidewalk, the above ground should be
measured at the sidewalk.
"Fitness club"
means a business that operates a building or room designed
and equipped for indoor sports, exercise, or physical education.
"Floor area"
means the total of the gross horizontal areas of all floors,
including usable basements and cellars, below the roof and within
the outer surfaces of the main walls of principal or accessory buildings
or the center lines of party walls separating such buildings or portions
thereof or within lines drawn parallel to and two feet within the
roof line of any building or portion thereof without walls, but excluding
the following:
1.
Areas used for off-street parking spaces or loading berths and
driveways and maneuvering aisles relating thereto;
2.
Areas which qualify as usable open space under the usable open
space regulations;
3.
In the case of nonresidential facilities: arcades, porticoes,
and similar open areas which are located at or near street level,
which are accessible to the general public, and which are not designed
or used as sales, display, storage, service, or production areas.
"Frontage"
means that side of a lot abutting on a street; the front
lot line.
Garage, Private.
"Private garage" means an enclosed accessory building or
an accessory portion of the main building, designed and used primarily
for the shelter or storage of operable vehicles owned or operated
by the occupants of the main building.
Garage, Public.
"Public garage" means a building other than a private garage
used for the storage, or care, or repair, or servicing of automobiles.
"Garbage"
means animal and vegetable waste resulting from the handling,
storage, sale, preparation, cooking or serving of foods.
"General plan"
means the comprehensive, long-term general plan for the physical
development of the city, as required by California
Government Code
Section 65300, and as adopted by the council, in its present form
or as hereafter amended.
"Guest house"
means living quarters having no kitchen facilities, located
within an accessory building located on the same premises with a main
building and occupied for the sole use of members of the family, temporary
guests or persons permanently employed on the premises.
"Home occupation"
means an occupation customarily conducted as a secondary
use entirely within a dwelling by the occupant of the dwelling; and
gives no indication of other than residential use, and which is not
detrimental to the residential character of the neighborhood by virtue
of traffic flow, noise, odor, or other adverse conditions.
"Hospital"
means an institution providing physical or mental health
services, in-patient or overnight accommodations, and medical or surgical
care of the sick or injured.
"Hotel"
means a facility offering transient lodging accommodations
to the general public, containing six or more guest rooms, and which
may provide additional services and facilities such as dining, recreation
and meeting space.
"Household"
means one or more individuals living together in a single
dwelling unit, with common access to and common use of all living
and kitchen areas and facilities within the dwelling unit. This may
include transitional and supportive housing.
"Improvement"
means any man-made item which becomes part of, placed upon,
or affixed to property.
"Junior accessory dwelling unit" (JADU)
means an accessory dwelling no more than five hundred square
feet and entirely internal to a primary dwelling that includes independent
facilities for living, sleeping, cooking, and eating, and shared or
independent sanitation facilities.
"Junk"
means used machinery, scrap iron, steel, other ferrous and
nonferrous metals, tools, implements or portions thereof, glass, plastic,
paper, building materials or other waste, which has been abandoned
from its original use.
"Junkyard"
means any premises used for the keeping, storage or salvaging
of junk.
"Kennel"
means any lot, building, structure, enclosure or premises
that provide boarding care for household pets and small farm animals
as defined in LGMC 18.16, whether such keeping is for pleasure, profit,
breeding, or exhibiting.
"Kitchen"
means a room designed, intended or used for the preparation
of food for consumption, which contains a sink and either a suitable
gas connection or provision for an electric stove.
"Kitchenette"
means an area within a room, intended for the preparation
of food for consumption, and equipped similarly to a kitchen.
"Landscaping"
means the addition of lawns, trees, plants and other natural
and decorative features to land.
"Land use"
means the way in which property is utilized or occupied.
"LGMC"
means the Lemon Grove Municipal Code.
"Loading space"
means an area used for loading or unloading of goods from
a vehicle in connection with the use of the site on which such space
is located.
"Lot"
means a designated parcel, tract or area of land established
by plat, subdivision, or as otherwise permitted by law, to be used,
developed or built upon as a unit.
1.
"Corner lot"
means a lot abutting upon two or more streets at their intersection,
or upon a curvature of a single street, where such streets or curvature
form an interior angle of one hundred thirty-five degrees or less.
2.
"Flag lot"
means a lot not fronting on or abutting directly a public
road, where access to the public road is by a narrow, private right-of-way,
and the lot is located generally to the rear of another lot or lots.
4.
"Through lot"
means a lot which fronts upon two streets which are either
parallel or do not intersect at the boundaries of the lot.
"Lot area"
means the total horizontal area within the lot lines of a
lot, excluding any street right-of-way, private road easement, and
excluding any portion of a flag lot providing access to a street.
"Lot depth"
means the horizontal distance from the midpoint of the front
lot line to the midpoint of the rear lot line; where there is no rear
lot line, the lot depth shall be measured by a line perpendicular
to the front lot line to the most distant point on any other lot line.
"Lot line"
means any boundary of a lot.
1.
"Front lot line"
means, on an interior lot, the lot line abutting a street.
On a corner lot, the shorter lot line abutting a street. On a through
lot, the lot line abutting both streets. On all other lots including
flag lots, and lots with access exclusively from private easements,
either the lot line most parallel to the public street, or the lot
line most parallel to the access portion of the flag lot, or easement
which provides access to the lot from the public street.
3.
"Rear lot line"
means the lot line generally opposite and most distant from
the front lot line; or in the case of triangular or otherwise irregularly
shaped lots, a line ten feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line.
"Lot of record"
means a single lot or parcel which has been divided or which
has resulted from a division in compliance with the provisions of
the Subdivision Map Act and city or county ordinances enacted pursuant
thereto applicable at the time such division occurred.
"Lot width"
means the horizontal distance between side lot lines, measured
at a point midway between the front and rear lot lines.
"Low and moderate income dwelling unit"
means a dwelling unit which is made available to low and
moderate income households and which is not leased at a rent exceeding
the fair market rent for San Diego County nor sold at a value exceeding
the maximum mortgage amount for San Diego County as established by
the U.S. Department of Housing and Urban Development.
"Low and moderate income household"
means a household whose income does not exceed one hundred
twenty percent of the median income for San Diego County and which
meets the current eligibility standards for such households as established
by the U.S. Department of Housing and Urban Development.
"Manufactured housing"
means a dwelling unit that is constructed and assembled at
a factory, transported to the building's site and placed on a prebuilt
foundation.
"Manufacturing"
means the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component
parts, the construction of products, and the blending of materials
such as plastics, resins, or oils.
"Ministerial"
means an administrative decision based upon definable legal
standards applicable to the matter without regard to the exercise
of any discretion by the official making the determination. The community
development department staff may conduct ministerial review.
"Minor use"
means those enumerated uses that may be accommodated in specific
zoning districts through the minor use permit process.
"Model home"
means a dwelling unit temporarily used for display purposes
as an example of dwelling units available for sale or rental in a
particular residential development.
"Motel"
means the same as "hotel"; except that guest rooms are apt
to have direct access to the outside. Auto courts, tourist courts
and motor lodges are included.
"Net area"
means an area of land exclusive of all public streets or
alleys or land dedicated or offered for streets or alleys.
"Nightclub"
means an establishment open at night that serves alcohol,
and may serve food, that provides entertainment such as live music,
dancing or something similar.
"Nonconforming use, structure or lot"
means a use or activity, a structure or building, or a lot,
the size, dimensions or location of which was lawful prior to the
adoption, revision or amendment of an ordinance, but which fails,
by reason of such adoption, revision or amendment, to conform to the
present requirements of the ordinance.
"Nuisance"
means an interference with the enjoyment and use of property.
Nursery, Retail.
"Retail nursery" means premises, whether or not enclosed,
used for the retail sale of flowers, shrubs, plants and other nursery
stock and materials, plus the accessory retail sale of gardening materials
and supplies customarily used in the cultivation and maintenance of
a home garden or landscape.
"Open space"
means an area of land set aside, dedicated, designated or
reserved for public or private use or enjoyment, including, but not
limited to, uses such as community gardens, or for the use or enjoyment
of owners and occupants of and adjoining or neighboring such land.
"Overlay zone"
means a district established by this title, which may be
applied to a lot or portion thereof only in combination with a general
zoning district, and which applies additional standards and regulations
upon that land. More than one such overlay may be applied to the same
property.
"Parking areas"
means an area other than a street, alley or other right-of-way,
used for temporary parking of motor vehicles, including parking lot,
garages and private driveways.
"Parking space"
means a position designated for the temporary parking of
one motor vehicle, whether within a parking lot, garage, private driveway
or right-of-way.
"Pave, paved, or paving"
means the act of surfacing public or private site improvements,
such as parking areas, driveways, sidewalks, etc. Materials may be
pervious or impervious.
"Penthouse"
means a structure located on the roof of a building; when
used only for the shelter of accessory equipment it is not regarded
as a story or counted toward building height.
"Planned development"
means an area to be planned and developed as a single entity,
according to applicable standards and regulations, and containing
one or more structures with appurtenant common areas. Planned developments
may consist primarily of either commercial, industrial, or residential
uses, perhaps with incidental accessory activities; or they might
contain some combination of those primary uses.
"Premises"
means a lot, parcel, tract or plot of land, together with
the buildings, structures and appurtenances thereon.
"Primary dwelling"
means the main dwelling on a property with an accessory dwelling
unit or junior accessory dwelling unit.
"Principal, primary, or main building"
means a building in which is conducted the principal use
of the lot upon which it is situated. In any residential district,
any dwelling shall be deemed to be a main building upon the lot upon
which the same is situated.
"Principal or primary use"
means the primary or predominant use of any lot. Generally,
that activity which occupies the greatest amount of floor and/or site
area.
"Project"
means the planning, permitting, and/or construction of a
development, including on- and off-site improvements, for a site.
"Proposed action"
means a future plan or activity whose uses, structures, and/or
improvements of real property that must first obtain approvals and/or
permits according to this title.
"Public road or street"
means any road or street or thoroughfare of whatever nature
that is publicly maintained and open to the use of the public for
the purposes of vehicular travel.
"Queue line"
means an area for temporary parking and lining of motor vehicles
while awaiting a service or other activity.
"Recreation"
means those activities, for amusement or entertainment purposes
where the public or members are invited or allowed to attend or assemble,
except city, county or state parks and recreation areas. Although
not intended to be specifically limited thereby, examples of recreation
are bowling alleys, community gardens, golf courses or private tennis
centers, billiard or pool halls, stadiums and recreation areas.
"Recreational vehicle"
means a vehicle towed or self-propelled on its own chassis
or attached to the chassis of another vehicle and designed or used
for temporary dwelling, recreational or sporting purposes. The term
recreational vehicle includes, but is not limited to, travel trailers,
pick-up campers, camping trailers, motor coach homes, converted trucks
and buses, and boats and boat trailers.
"Residential care facility"
means an establishment where twenty-four-hour per day care
or supervision is provided to related or unrelated persons residing
there, which is licensed pursuant to the provisions of the California
Community Care Facilities Act or other applicable state law; including,
but not limited to, nursing or rest homes, group homes for the handicapped,
foster homes, recovery homes and half-way houses.
"Retail sales or service"
means the sale of goods or articles, or the provision of
a service, individually or in small quantities directly to the ultimate
consumer.
"Right-of-way"
means a strip of land, whether public or private, which has
been established by reservation, dedication, forced dedication, prescription,
condemnation or other means, which is occupied or intended to be occupied
by a road, walkway, railroad, utility transmission facility or other
similar use.
"Room"
means an undivided portion of the interior of a dwelling
unit, excluding bathrooms, kitchens, closets, hallways and service
porches.
"School"
means any building or part thereof which is designed, constructed
or used for education or instruction, whether public or private.
School, Vocational, Business or Trade.
"Vocational, business or trade school" means a facility primarily
teaching usable skills that prepare students for jobs in a trade,
and meeting state requirements as a vocational facility.
"Screening"
means a method of visually shielding or obscuring a structure
or use from an abutting or nearby use, or from the general public,
by a fence, wall, hedge, berm, or similar structure, architectural
or landscape feature, or combination thereof.
"Secondhand merchandise"
means used common household items including clothing, personal
effects, household furnishings, appliances, and office equipment and
furnishings.
"Senior housing"
means a housing development consistent with the California
Fair Employment and Housing Act (
Government Code Section 12900 et
seq., including Section 12955.9 in particular), which has been "designed
to meet the physical and social needs of senior citizens," which otherwise
qualifies as "housing for older persons" as that phrase is used in
the Federal Fair Housing Amendments Act of 1988 (Public Law 100-430)
and which is consistent with implementing regulations used in California
Civil Code Sections 51.2 through 51.4 including that senior housing
is residential development developed, substantially rehabilitated,
or substantially renovated for senior citizens that has at least thirty-five
dwelling units.
"Setback line"
means the inner edge of any required yard, which indicates
the required minimum distance from the right-of-way line (private
or public) or any lot line for any principal structures to be located.
"Sight zone"
means a triangular area formed by a line drawn between points
twenty feet from the intersecting property lines of a corner lot's
street sides, within which no building may be built, nor may any fence,
wall or other obstruction exceed three and one-half feet in height
or in conformance with the current Highway Design Manual approved
by the city council at the time of development approval.
"Site"
means a parcel of land, or a combination of contiguous lots
or parcels of land, which upon development may be divided into individual
building lots, roadways, parking areas, open space or other uses.
"Smoking lounge"
means businesses that include cigar lounges, electronic smoking
lounges, or any combination of those uses. Smoking lounges may serve
food.
"Story"
means the portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
of the roof above.
"Structural alterations"
means any change in the supporting members of a building
such as bearing walls, columns, beams, girders, floor or roof joists,
or rafters, or any change in roof or exterior lines, or in foundations.
"Structure"
means anything constructed or erected on the ground, or which
requires location on the ground, or is attached to something having
a location on or in the ground.
"Substantial activity"
means tangible progress toward submitting a complete application.
Tangible progress may include, but is not limited to, adequate response
to previous city staff comments, adequate resubmittals, or evidence
that technical reports are forthcoming to the city.
"Swimming pool, hot tub or Jacuzzi"
means any confined body of water exceeding two feet in depth
and located either above or below the existing finished grade of the
site, designed and intended for swimming, bathing or therapeutic purposes.
"Tandem parking"
means two or more vehicles that are parked on a driveway
or in any other location on a lot, lined up behind one another.
"Temporary use"
means a use established for a fixed period of time, with
the intent to discontinue such use upon the expiration of the time
period.
"Theater"
means a building or part of a building devoted to showing
motion pictures, or for dramatic, musical or live performances.
"Total land area"
means all land within the proposed development, exclusive
of any land within private streets and within the rights-of-way of
dedicated streets.
"Trailer"
means a vehicle without motive power, designed to be drawn
by a motor vehicle and to be used for short-term human habitation,
for carrying persons and property, or as a temporary office.
"Usable open space"
means that portion of a development site not covered by main
or accessory buildings, exclusive of permitted architectural feature
encroachments, which is accessible for use and enjoyment of the occupants
of main buildings and which provides requisite amenities such as community
gardens and comfort for a proper residential environment; provided
further, that access drives, off-street parking areas and utility
yards shall not be considered as required usable open space, but recreation
decks over accessory structures and roof gardens may be included.
"Use"
means the purpose for which land or a building or structure
is arranged, designed, or intended to be used, or for which it is
or may be used, occupied or maintained.
"Utility facilities"
means those energy, transportation, and water facilities
whose uses are subject to the California Public Utility Commission,
with the exception of communications facilities.
"Variance"
means permission to depart from the literal requirements
and strict application of an ordinance; an owner must demonstrate
that the property is subject to unique circumstances, and that enforcement
of the regulations would deprive the property of privileges commonly
enjoyed by other properties in the same vicinity and zone; it must
also be proven that the regulations can be relaxed without any adverse
impact on the public good.
"Vehicle dismantling"
means the disassembly or wrecking of vehicles, or the storage,
sale or dumping of dismantled vehicles or their parts. The presence
of five or more inoperative vehicles on any lot for more than thirty
days shall constitute a vehicle dismantling yard.
"Vehicle repair—Major"
means heavy mechanical repairs that typically require more than eight hours of active repair (labor) time to complete. Typical repairs would include rebuilding or reconditioning engines, transmissions, or other major vehicle components; collision repair including body repair, frame straightening, and painting; upholstery. Overnight vehicle storage of vehicles being actively repaired is permitted (see Outdoor storage, Section
17.24.060(E)(8)). Facilities and operations shall comply with all standards set forth in this title.
"Vehicle repair—Minor"
means repair or replacement of lesser vehicle components,
such as clutches, carburetors, or brakes, for vehicles not exceeding
one and one-half tons capacity. Any operation listed under "Vehicle
repair—Major" is not permitted. Facilities and operations shall
comply with all standards set forth in this title.
"Vehicle sales"
means the indoor or outdoor display and sale of vehicles
including those activities which are normally accessory to such display
and sale, including, but not limited to, maintenance and minor repairs,
washing of vehicles, sale and installation of parts and accessories.
"Vehicle service/maintenance"
means a business primarily intended for the retail sale of
vehicle fuel, which may include incidental merchandise and supplies;
and vehicular services such as automatic or manual washing and detailing
services, tire repair, equipment adjustments, tune-ups and similar
minor services.
"Veterinary services"
means an establishment that provides medical or surgical
care for household pets and small farm animals, as defined in LGMC
18.16 and
Business and Professions Code Section 4826. The use may
also include grooming or other minor services including short-term,
incidental boarding of animals while undergoing medical treatment.
"Warehouse"
means a building used primarily for the storage of goods
and materials.
"Wholesale sales"
includes all sales of goods, wares, merchandise or services
to a retailer.
"Yard"
means an area within a lot, adjoining a lot line, and measured
horizontally and perpendicular to the lot line for a specified distance,
open and unobstructed except for activities and facilities allowed
therein by this title.
2.
"Front yard"
means a yard measured into a lot from the front lot line,
extending the full width of the lot between side lot lines intersecting
the front lot line.
3.
"Rear yard"
means a yard measured into a lot from the rear lot line,
as defined in this section; extending between the side yards; provided
that, for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost point of the lot depth
to a line parallel to the front lot line.
4.
"Side yard"
means a yard measured into a lot from a side lot line, extending
between the front yard and rear lot line.
"Zero lot line"
means the location of a structure on a lot in such a manner
that one or more of the structure's sides rest directly on a lot line.
"Zone"
means a specifically delineated area or district within which
certain regulations and requirements uniformly govern the use, placement,
spacing and size of land and buildings.
(Ord. 394 § 4, 2010; Ord. 422, 2014; Ord. 430 § 4, 2015; Ord.
434 § 1, 2015; Ord. 438 § 1, 2016; Ord. 461 § 1,
2022)