For the purposes of this chapter certain terms are defined. Where terms are defined in a specific zoning district, they shall be applied accordingly. Words used in the present tense include the future; words used in the singular include the plural; "shall" is mandatory, "may" is permissive. Definitions of the terms used in this title are set forth as follows; provided, however, that terms not specifically defined in this chapter shall be as defined in the code.
(Prior code § 30.2 (part); Ord. 979 § 1, 2012)
An "adult entertainment establishment" shall include:
(a) 
Any business activity wherein is provided for a fee or other consideration, the opportunity to feel, touch, view, photograph, or be in the presence of the unclothed body or unclothed portion of the body of another person, or to be in the presence of or to be felt, touched, viewed, or photographed by another person while unclothed in whole or in part;
(b) 
Adult Theater:
An "adult theater" is one in which on one hundred eighty-two days per calendar year or more, or on fifteen days per calendar month or more any motion pictures shown carry on "X" rating as determined by the Academy of Motion Picture Arts and Sciences, or to which minors are not admitted, or in which sexual intercourse, oral copulation, masturbation, or homosexual acts are actually shown or simulated;
(c) 
Retail Sales of Sexual Paraphernalia, which includes:
Any business activity wherein a substantial part (over ten percent of gross sales shall be deemed substantial) of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and/or performance of sexual activity;
(d) 
Adult Bookstore:
"Adult bookstore"
means any premises in which forty percent or more of the titles offered or to which forty percent or more of the actual display area of the store (whichever is less) is devoted to, depicts or describes any of the acts set forth in subsection (c). This section does not apply to displays of up to twenty periodicals on the premises in which sales of the same are incidental to other business.
Any activity conducted by a person pursuant to and within the scope of a license issued by the state or an agency thereof which prescribes standards for and supervises such activity shall not be deemed to be an "adult entertainment establishment."
(Ord. 654 § 1 (b)(1), 1980)
"Alley"
means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(Prior code § 30.202)
The term "antenna," as used herein, means any system of wires, poles, structures, reflecting discs, dish antennae, earth stations, satellite antenna or similar devices used for the transmission or reception of electromagnetic waves which system is external or to attached to the exterior of any building. Antennae includes devices having active and passive elements extending in any direction, and directional beam-type arrays having both elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
(Ord. 742 § 1 (part), 1987)
"Architectural control"
means approval of the appearance of buildings or structures to be built, erected, constructed, altered or relocated, based on plans and elevations of the proposed buildings or structures, or approval of the appearance of business to be conducted primarily out of doors based on site and landscape plans for the area. Architectural control shall also include approval of site planning, landscaping, signs, parking design and access and any other element of exterior appearance or relationship with streets and adjoining property.
(Prior code § 30.205)
"Attic"
means a space in a building that is immediately above the top of the ceiling joist and immediately below the roof sheathing, including all roof framing.
(Ord. 852 § 1, 1994; Ord. 938 § 1 (part), 2005)
A balcony is a platform which projects more than eighteen (18) inches from the wall of a building and which is re quired by law to be surrounded by a railing. A deck is a platform where the finish floor line is more than twelve (12) inches above the average grade, either free-standing or built as part of a building which may be covered or uncovered, and which may or may not include a railing, depending on its height above the adjacent grade.
(Ord. 858 § 1, 1994)
"Below market rate unit"
means a unit governed by a legal covenant or other restriction enforceable by the city restricting the availability of said unit to very low‑, low- and moderate-income residents, which unit is rented or sold to a very low-, low- or moderate-income person or household.
(Ord. 905 § 3 (part), 2001)
"Block"
means all property fronting upon one (1) side of a street: between intersection and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.
(Prior code § 30.207)
"Accessory building"
means a subordinate detached building, the use of which is incidental to that of the main building or buildings and/or the use of the land on the same lot or building site, and shall not include any building providing an area for cooking or permanent sleeping quarters. An accessory building may be attached to a secondary dwelling unit. For the purpose of an accessory building, an area containing four (4) or more plumbing fixtures, regardless of the intended use of the space, shall be defined and regulated as "living space" in the accessory building. Water supplied to washing machines and water heaters is not considered a plumbing fixture for the purposes of this section. In no case shall the "living space," as defined by this section for the purpose of minimum yard requirements, be used as a dwelling unit. An accessory building that was legally permitted and constructed with four (4) or more plumbing fixtures prior to June 13, 2014, shall not be subject to the limitations set forth in Section 16.68.030 pertaining to minimum yard requirements. The addition of plumbing fixtures would be subject to the minimum yard requirements.
(Ord. 694 § 2, 1984; Ord. 1006 § 3, 2014; prior code § 30.210)
"Building coverage"
means that percentage of the building site permitted to be covered by buildings, as measured from the ground upward, exclusive of any eave not in excess of six (6) feet and electric equipment enclosures (as defined in Section 16.04.296) for existing dwellings provided the enclosure is limited to one (1) enclosure per dwelling unit and does not exceed a footprint of sixteen (16) square feet and a maximum height of nine (9) feet, six (6) inches.
(Ord. 1102 § 3, 2023; Prior code § 30.211)
"Building site"
means one or more contiguous, legally created parcels of land under common ownership, meeting area and dimension requirements for the zoning district in which it is situated and having frontage on a dedicated street or approved private road.
(Prior code § 30-213)
"Retail business"
means the retail sale of any article, substance, or commodity, within a building, but not including the handling or sale of lumber, brick, stone or other building material of a similar nature.
(Prior code § 30.214)
"Wholesale business"
means the wholesale handling of any article, substance or commodity, but not including the handling of lumber, brick, stone or other building material of a similar nature or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.
(Prior code § 30.215)
"Family day care home"
means both a "small family day care home" and a "large family day care home" as further defined herein. A "small family day care home" means a residence licensed by the appropriate state or county agency for the day care or instruction of no more than six (6) children, or up to eight (8) children without an additional adult attendant, if all of the following conditions are met: (1) at least one (1) child is enrolled in and attending a kindergarten or elementary school and a second child is at least six (6) years of age; (2) no more than two (2) infants are cared for during any time when more than six (6) children are cared for; (3) the licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to seven (7) or eight (8) children in the home at one (1) time; and (4) the licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. A "large family day care home" means a residence licensed by the appropriate state or county agency for the day care or instruction of no more than twelve (12) children, or up to and including fourteen (14) children, if all of the following conditions are met: (1) at least one (1) child is enrolled in and attending a kindergarten or elementary school and a second child is at least six (6) years of age; (2) no more than three (3) infants are cared for during any time when more than twelve (12) children are cared for; (3) the licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one (1) time; and (4) the licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(Ord. 546 § 1(1), 1973; Ord. 1030 § 3, 2017; Ord. 1109 § 2, 2023)
"Church"
means a structure intended as a meeting place for organized religious worship and related activities.
(Prior code § 30.216)
"Conditional use"
means a special activity to be conducted on a building site, which activity is allowed by the regulations of the district wherein located, subject to obtaining a use permit therefor.
(Prior code § 30.220)
"Convalescent home"
means a large residential care facility or any structure occupied or intended to be occupied, for compensation, by persons recovering from injury or illness, or suffering from the infirmities of old age, and any comparable licensed care facility.
(Ord. 1004 § 2, 2014; Prior code § 30.221)
"District"
means a portion of the city as designated in Section 16.08.010 within which certain uses of land and structures are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for structures, all as set forth and specified in this title.
(Prior code § 30.222)
The phrase "drug paraphernalia" includes any of the items possession of which is prohibited by Section 11364 of the state of California Health and Safety Code, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, or cocaine.
(Ord. 656 § (b), 1980)
"Dwelling"
means a building or a portion thereof designed and used exclusively for residential occupancy, including one (1) family, two (2) family dwellings and multiple family dwellings, small residential care facility, transitional and supportive housing, but not including hotels, motels or boardinghouses.
(Ord. 1004 § 3, 2014; Prior code § 30.223)
"Multiple dwelling"
means a building or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in such building; including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels.
(Prior code § 30.226)
"Electric equipment"
shall mean electric home appliances intended to reduce greenhouse gas emissions by electrifying buildings within the city (e.g., heat pumps to replace natural gas water heaters and/or furnaces, electric vehicle "EV" chargers, battery storage systems and related electric equipment). An "electric equipment enclosure" shall mean a weatherproof enclosure to protect the electric equipment, visually screen the equipment, and reduce noise from the equipment attached or adjacent to an existing dwelling. Electric equipment enclosures are exempt from development regulations related to floor area, gross floor area, building and lot coverage, paving and landscaping. Electric equipment enclosures may encroach into required setbacks as outlined in Section 16.60.010.
(Ord. 1102 § 2, 2023)
The term "earth station," as used herein, means a combination of:
(1) 
Antenna or dish antenna the purpose of which is to receive communication or other extra terrestrial sources;
(2) 
A low-noise amplified (LNA) which is situated at the focal point of the receiving component the purpose of which is to magnify land transfer signals;
(3) 
A coaxial cable whose purpose is to carry the signals into the building.
(Ord. 742 § 1 (part), 1987)
"Emergency shelter"
means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Health and Safety Code Section 50801(e))
(Ord. 1002 § 3, 2014)
"Family"
means a group of individuals living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an internally structured relationship providing organization and stability.
(Ord. 938 § 1 (part), 2005; Prior code § 30.229)
"Fast food restaurant"
means a restaurant where cooked food primarily intended for immediate consumption is available upon a short waiting time, and packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; and where the facilities for on-premises consumption of the food are insufficient for the volume of food sold in the place.
(Ord. 619 § 3 (part), 1977)
"Foster home"
means a facility, licensed by appropriate county or state agency, for the care of not more than six (6) individuals, not requiring special medical attention.
(Prior code § 30.230)
(a) 
For all single-family residential and R-2 zoning districts, "floor area" means the total square footage of all stories of all structures with a solid roof that exceeds six feet (6') in height above grade, as measured from the face of foundation. Floor area includes all covered parking, including garages and carports, and below grade parking.
(b) 
Floor area is measured as follows:
(1) 
For single-story development in single-family residential and R-2 zoning districts, except R-1-U (LM), all floor area where the distance between the finished floor and the roof directly above it measures seventeen feet (17') or greater, shall be included at two hundred percent (200%) floor area (See Fig. 1).
(2) 
For two story development in single-family residential and R-2 zoning districts, except R-1-U (LM):
(i) 
Interior space that has a ceiling height greater than twelve feet (12') from finished floor level, other than stairwells, shall be included at two hundred percent (200%) floor area. This same area shall also be included at one hundred percent (100%) toward the maximum allowed second floor square footage (See Fig. 2).
(ii) 
Attic space where the distance between the top of the ceiling joist and the bottom of the roof sheathing measures five feet (5') or more, shall be included at one hundred percent (100%) floor area, but shall not be included as part of the second floor calculation of floor area (See Fig. 2). Attic space where the distance between the top of the ceiling joist and the bottom of the roof sheathing measures less than five feet (5') shall be excluded from the floor area.
(3) 
For all development in the R-1-U (LM) zoning district, interior space that has a ceiling height greater than twelve feet (12') from finished floor level to top of ceiling joist or roof framing shall be included at two hundred percent (200%) floor area, with the following exceptions:
(i) 
Stairwells shall be included at one hundred percent (100%) floor area;
(ii) 
Interior ceiling heights greater than twelve feet (12') for up to twenty percent (20%) of the proposed floor area of a single-story structure shall be counted at one hundred percent (100%) floor area;
(iii) 
Attic and other storage space located between the top of the ceiling joists and immediately below the roof sheathing and that does not include any of the following: [a] finished floors, walls, or ceiling drywall coverings, [b] access to the space from a permanent staircase or door, [c] more than two lighting fixtures and one receptacle outlet, or [d] heating and/or rough plumbing provided to the space shall be excluded from the calculation of floor area.
(c) 
Floor area shall exclude:
(1) 
Basements under structures with a main floor level of thirty (30) inches or less above grade in all single-family and R-2 zoning districts, with the exception of the R-1-U (LM) district where basement areas that extend beyond the footprint of the structure at grade and that do not provide code-mandated egress or exiting shall be included in the floor area;
(2) 
Garden structures, such as arbors and trellises with a semi-solid roof;
(3) 
Covered porches and patios structurally attached to the exterior of the main residences or detached accessory buildings; provided, that one (1) end is open and faces out from the structure;
(4) 
Bay window protrusions that do not provide foundation and that are no more than seven (7) feet in length;
(5) 
Chimneys and fireboxes or fireplaces;
(6) 
Eave overhangs; and
(7) 
Electric equipment enclosures (as defined in Section 16.04.296) for existing dwellings provided the enclosure is limited to one (1) enclosure per dwelling unit and does not exceed a footprint of sixteen (16) square feet and a maximum height of nine (9) feet, six (6) inches.
(d) 
Grade is defined as the average of the highest and lowest points of the natural grade of the portion of the lot covered by the structure.
(e) 
The main floor level of a split-level development is defined as the level with the largest floor area.
(f) 
The finished floor level of the ground floor of any development shall be the lesser of the actual finished floor level or a point that is eighteen inches (18") above grade.
(Ord. 852 § 2, 1994; Ord. 948 § 1 (part), 2006; Ord. 1102 § 4, 2023)
[1]
Editor's Note: See Supplemental Illustrations included as an attachment to this title.
"Floor area limit"
means the maximum permitted floor area for a property within the single family residential or R-2 zoning districts. For the purposes of determining the floor area limit, neither the panhandle extension of a panhandle lot, nor a private driveway or access easement across another lot to a panhandle lot, shall be included as part of the panhandle or other lot.
(Ord. 790 § 1 (part), 1989; Ord. 822 § 3 (part), 1991)
"Floor area ratio"
applies to all zoning districts except the single-family residential and R-2 zoning districts and means the maximum permitted ratio of the total square footage of the gross floor area of all buildings on a lot to the square footage of the lot.
(Ord. No. 963 § 1, 4-21-2009; Ord. 739 § 1 (part), 1986; Ord. 790 § 1 (part), 1989; Ord. 822 § 3 (part), 1991)
"Garden feature"
means a freestanding ornamental structure, either monolithic or assembled in place as an integral part of a garden, covering an area no more than thirty-six (36) square feet, measured to the edge of the roof or its horizontal members. Overall height of the structure, as measured from the adjacent finished grade to the highest point of the structure, shall not exceed nine (9) feet.
(Ord. 837 § 1 (part), 1992)
(A) 
"Gross floor area"
applies to all zoning districts except the single-family residential and R-2 zoning districts and means the sum of the horizontal areas of all floors within the surrounding solid walls of a building covered by a roof measured to the outside surfaces of exterior walls or portions thereof subject to the clarifications in subsections (B), (C) and (D).
(B) 
Gross floor area includes the following features of a building that meet the criteria of subsection (A) unless otherwise excluded in subsection (C):
(1) 
Areas of a basement with a floor to ceiling height of six feet, six inches (6'6") or greater;
(2) 
Mezzanines, including equipment platforms and storage platforms, but excluding vertical shelving units and catwalks;
(3) 
Areas of an attic with a floor to ceiling height of six feet, six inches (6'6") or greater;
(4) 
Equipment and utility areas containing mechanical equipment, electrical panels, meters, controllers, switch boxes;
(5) 
Storage areas;
(6) 
Bay windows and similar projections or cantilevered areas; and
(7) 
Elevator shafts and stairwells.
(C) 
Gross floor area excludes the following features of a building that meet the criteria of subsection (A) of this section:
(1) 
Areas of a building or buildings that are designed as nonuseable or nonoccupiable space with unfinished walls, floors and ceilings, not to exceed three percent (3%) of the maximum allowed gross floor area of the lot. To qualify for this exclusion, such spaces must have two (2) or more of the following characteristics: a floor to ceiling height that is less than six (6) feet, six (6) inches; limited access (i.e., the absence of the necessary physical space to provide a building code-compliant stair or door); unconditioned air (i.e., the air is neither heated nor cooled); no windows or skylights; and no electricity. This exclusion may include areas of a building that would otherwise exceed the one percent (1%) maximum limitation as defined in subsection (C)(2) of this section;
(2) 
Areas of a building or buildings dedicated to the enclosure of noise-generating equipment, such as building mechanical equipment and generators, not to exceed one percent (1%) of the maximum allowed gross floor area of the lot. This exclusion applies to equipment utilized for the operation of the building systems and does not apply to equipment utilized in connection with a business operating within a building;
(3) 
All areas devoted to covered parking and related circulation for automobiles and bicycles, including garages, carports, below-grade parking structures, and above-grade parking structures;
(4) 
Covered porches and covered balconies; provided, that at least one (1) end is open and unobstructed to the exterior except for columns or posts not more than twelve (12) inches in width and walls or railings not more than forty-four (44) inches in height;
(5) 
Vent shafts, such as building mechanical air ducts and chimneys;
(6) 
Enclosures solely for trash and recycling; and
(7) 
Electric equipment enclosures (as defined in Section 16.04.296) provided the enclosure is limited to one (1) enclosure per dwelling unit and does not exceed a footprint of sixteen (16) square feet and a maximum height of nine (9) feet, six (6) inches.
(D) 
In cases where the gross floor area of an existing building, as previously determined in a project specific approval by the City of Menlo Park made prior to the enactment of this subsection (D) and on file with the City of Menlo Park, is greater than the gross floor area of an existing building would be determined to be when measured pursuant to subsections (A) through (C) of this Section 16.04.325, the previously determined gross floor area shall be the "gross floor area" for purposes of this Section 16.04.325, and therefore are considered conforming. Section 16.80.110 provides a process for considering expansions of an existing building or additional construction on sites with existing buildings in cases where the gross floor area of an existing building or buildings is greater when measured pursuant to the subsections (A) through (C). The City shall consider Gross Floor Area Exemption Certificates issued in compliance with subsection 16.80.110(e) when determining the remaining gross floor area on a lot that could be used for proposals to enlarge an existing building or to construct an additional building on the same lot as an existing building. This subsection (D) shall not apply to properties annexed to the City of Menlo Park after May 21, 2009.
(Ord. No. 963 § 1, 4-21-2009; Ord. 739 § 1 (part), 1986; Ord. 790 § 1 (part), 1989; Ord. 822 § 3 (part), 1991; Ord. 1102 § 6, 2023)
Except as otherwise provided in this chapter, "height of structure" means the vertical distance from the average level of the highest and lowest points of the natural grade of the portion of the lot covered by the structure to the topmost point of the structure, excluding elevator equipment rooms, ventilating and air conditioning equipment and chimneys.
(Prior code § 30.232; Ord. 822 § 2 (part), 1991; Ord. 938 § 1 (part), 2005)
"Home occupation"
means any activity conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, and where there are no advertising signs, no display, no stock or commodity stored or sold on the premises, no employees in connection therewith and no mechanical equipment to be used in connection therein, other than that necessary or convenient for domestic purposes. Such activity shall not be conducted in an accessory building.
(Prior code § 30.233)
"Junkyard"
means any portion of any lot or parcel of land used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage.
(Prior code § 30.236)
"Light industrial uses"
mean uses engaged in prototype development, testing, repairing, manufacturing, assembling, packaging, storage, and/or distribution of finished or semifinished products conducted within a building, including wet labs, dry labs and/or clean rooms, and not having any noxious or hazardous character. Uses with similar characteristics of the above listed activities, such as telecommunication hub facilities, may also be considered as light industrial uses. Incidental administrative offices and sales areas occupying less than twenty percent (20%) of the gross floor area of the building are allowed.
(Ord. 903 § 1, 2001)
"Front lot line"
means:
(1) 
In the case of an interior lot fronting on a public street, a line separating the lot from the public street;
(2) 
In the case of an interior lot fronting on a private street but not on a public street, a line separating the lot from the private street;
(3) 
In the case of a corner lot fronting on two public streets, a line separating the shorter street frontage of the lot from a public street;
(4) 
In the case of a corner lot fronting on one public street and one private street, a line separating the street frontage of the lot from the public street;
(5) 
In the case of a corner lot fronting on two private streets, but not on a public street, a line separating the shorter street frontage of the lot from a private street; and
(6) 
In the case of a panhandle lot, the shorter dimension of the lot boundaries which are contiguous to the private driveway or easement which provides access to the lot.
(Ord. 786 § 1 (part), 1988; Prior code § 30.239)
In the case of a lot fronting on two public streets, the property owner may elect that the front lot line shall be the line separating the longer street frontage of the lot from a public street. This election may be made if the lot and improvements thereon will conform to the requirements of Titles 15 and 16 if the election is made and would not otherwise be conforming. If the election is made the minimum lot depth requirement for the lot shall be the former minimum lot width requirement and the minimum lot width requirement shall be the former minimum lot depth requirement. The election shall be in writing and shall be approved by the director of community development and the election and approval shall be recorded with the county recorder's office, a copy of which shall be filed with the department of community development. The election may be revoked if the lot and improvements thereon will conform to the requirements of Titles 15 and 16 after such revocation. The revocation shall be in writing and shall be approved by the director of community development and the revocation and approval shall be recorded with the county recorder's office, a copy of which shall be filed with the department of community development.
(Ord. 786 § 1 (part), 1988)
"Lot line"
means a line separating the frontage from a street; the side from a street or adjoining property; the rear or side from an alley or street or adjoining property.
(Prior code § 30.244)
"Minimum width of lot"
means the shortest distance between the side property lines, between the required front and rear setback lines. The shortest distance between the side property lines at rear property line shall not be less than seventy-five percent (75%) of the required minimum width.
(Prior code § 30.241)
A "massage establishment" is an establishment having a fixed place of business where any person engages, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any massage.
"Massage"
is the treatment of the external parts of the body by rubbing, stroking, kneading, or tapping with the hand or any instrument but shall exclude any activity conducted by a person pursuant to and within the scope of a license issued by the state or an agency thereof which prescribes standards for and supervises such activity.
(Ord. 654 § (b)(2), 1980)
"Mini-warehouse storage facility"
means a long- term, small-scale storage facility used for storage of belongings by the public. There shall be no outside storage or storage of automobiles or automobile parts, or property, materials, or equipment regularly used as a part of a business operation. The facility shall contain no storage unit in excess of one hundred fifty square feet.
(Ord. 766 § 4, 1988)
A "master plan" means a development plan which is not included within a conditional development permit or other permit, which establishes land use and development guidelines for the phased development of a particular site, and which is subject to approval by the City Council following recommendation by the planning commission. A "master plan" shall also include any master plan approved before July 15, 1988.
(Ord. 786 § 3, 1988)
"Mezzanine"
means an intermediate level or levels between the floor and ceiling of any story designed for occupancy or other use. For purposes of this definition, mezzanine includes equipment platforms (i.e., an elevated platform used exclusively for mechanical systems or industrial process equipment) and storage platforms, but does not include vertical shelving units nor catwalks (i.e., a narrow elevated walkway used exclusively to access part of a building that would otherwise be difficult to reach).
(Ord. No. 963 § 2, 4-21-2009)
"Motel" or "hotel"
means a single building or group of detached or semi-detached buildings containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers, and not containing individual cooking facilities.
(Prior code § 30.246)
"New construction"
means the construction of a new building, construction of an addition to an existing building, or construction of a habitable mezzanine or second floor in an existing building. Except in the case of a new building, new construction results in a net increase in gross floor area. New construction does not include interior alterations, tenant improvements, repairs, maintenance or reconstruction of buildings destroyed by catastrophe.
(Ord. 936 § 1, 2005)
"Open space"
means that portion of the building site open, unobstructed and unoccupied from the ground upward; including walkways, landscaping, uncovered patios and uncovered recreation facilities.
(Prior code § 30.249)
"Permitted use"
means a regular activity to be conducted on a building site, which activity is allowed by the regulations of the district wherein located, without a use permit.
(Prior code § 30.251)
"Person"
includes any individual, city, county, partnership, corporation, cooperative, association, trust or any other legal entity, including the state and the federal government.
(Prior code § 30.252)
"Professional office"
means an office for the conduct of the following types of uses: Accountant, architect, attorney, chiropractor, optometrist, chiropodist, engineer, surveyor, drafting service, designer, dentist, physician and surgeon.
(Prior code § 30.253)
"Large residential care facility"
means any facility, place, or building that is maintained and operated to provide twenty-four (24) hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by seven (7) or more persons.
(Ord. 1004 § 4, 2014)
"Small residential care facility"
means any facility, place, or building that is maintained and operated to provide twenty-four (24) hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by six (6) or fewer persons.
(Ord. 1004 § 5, 2014)
"Retail sales establishment"
means a commercial establishment engaged in business activities which generate sixty percent (60%) or more of its gross income from the sale of commodities or goods on display, either by unit or in small quantities, directly to the consumer in transactions which are subject to sales tax.
(Ord. 837 § 1 (part), 1992)
"Sanitorium"
means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions, or institutions for treatment of persons addicted to the use of drugs.
(Prior code § 30.257)
"School"
means a public or private educational facility which meets state standards for compulsory education.
(Prior code § 30.258)
A "secondhand store" is a retail establishment purchasing and/or selling secondhand goods. Secondhand goods shall not include motor vehicles registered by the state, rags, bottles, or other materials subject to recycling, nor shall it include wearing apparel, coins, stamps, gold, silver, artwork, antiques, books, lamps, stoves, phonograph records or household or office furniture with the exception of sewing machines, musical instruments, tape recorders, speakers, stereo equipment, calculators, dictating machines, typewriters, radios and television sets.
A retail store selling secondhand goods shall not be considered a secondhand store if (i) more than one-half of its inventory is customarily obtained by donation and (ii) the store is operated by a nonprofit corporation organized under the laws of the state, or (iii) if more than fifty percent of the gross income of the establishment is derived from the sale of new merchandise.
(Ord. 654 § (b)(3), 1980)
"Setback line"
means a line established by this chapter to govern the placement of buildings or structures with respect to lot lines on the site and which is established by measuring from the lot lines and/or access easements on the site at an angle perpendicular to the lot line. The setback line shall be parallel with the lot line.
(Ord. 837 § 2 (part), 1992; Prior code § 30.259)
"Solar access"
means the right of a particular parcel of real property to receive solar radiation without hindrance from structures or vegetation on adjacent or nearby property.
(Ord. 666 § 1(1) (part), 1981)
"Solar envelope"
means that zone beyond which restrictions on the structures and vegetation on a particular parcel are necessary to protect nearby or adjacent property from shadows blocking exposure to the sun during the hours from ten a.m. to two p.m. PST above the height of twenty feet in the property line of the nearby or adjacent property in residential zones R-1-U, R-1-S, R-E-S, RE and R2 and the O-S-C zone, and above the height of twenty-two feet in all other zones; provided, however, that if a shadow falls within the setback area of nearby or adjacent property, the structure causing that shadow shall not be deemed to have penetrated the solar envelope.
(Ord. 666 § 1(1) (part), 1981; Ord. 681 § 1, 1982; Ord. 695 § 1, 1984)
"Story"
means a space in a building between the surface of any floor and the top of the ceiling joists or roof framing above. A single-family dwelling shall be considered two-story if any portion of the dwelling contains more than one (1) vertically stacked story with the exception that any space defined as a basement in accordance with Section 16.04.077 and that is excludable from floor area according to subsection 16.04.313(C)(1) and any space defined as an attic in accordance with Section 16.04.075 and that is excludable from floor area according to subsections 16.04.313(B)(2)(b) or 16.04.313(B)(3)(c) shall not constitute a story.
(Ord. 938 § 1 (part), 2005; Ord. 948 § 1 (part), 2006)
"Street"
means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein.
(Prior code § 30.262)
"Private street"
means any street, avenue, etc., not accepted by the City Council for maintenance or public use. "Private street" does not include an easement or private driveway which provides access only to panhandle lots.
(Ord. 786 § 1 (part), 1988)
"Structure"
means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools; excluding driveways, uncovered patios, parking spaces and uncovered walkways, but including elevated decks. Except as otherwise provided for in this code, where an existing structure is remodeled and expanded to the extent greater than fifty percent (50%) of the existing FAL (Floor Area Limit) or FAR (Floor Area Ratio) on the property, such structure shall be deemed to be a new structure.
(Prior code § 30.264; Ord. 837 § 2 (part), 1992; Ord. 840 § 2, 1992)
"Accessory structure"
means a separate and subordinate structure, which is open in nature and the use of which is incidental to that of the main building or buildings and/or use of the land on the same lot or building site. Examples of such structures include, but are not limited to, arbors, trellises, play structures, built-in barbecues, outdoor fireplaces, and water features. Unenclosed ground-mounted mechanical equipment and fences/walls are not considered accessory structures.
(Ord. 1006 § 4, 2014)
[1]
Code reviser's note: Ordinance 1006 adds these provisions as Section 16.04.665. The section has been editorially renumbered to avoid duplication.
"Supportive housing"
means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(Ord. 1004 § 6, 2014)
"Transitional housing"
means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
(Ord. 1004 § 7, 2014)
"Use"
means the purpose for which land or a structure is designed, arranged or intended, or for which land or structure is or may be occupied or maintained.
(Prior code § 30.266)
"Yard"
means required open space on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Section 16.08.060 or Chapter 16.59 or 16.68.
(Prior code § 30.270)
"Front yard"
means a yard extending across the front of the lot and measured from the front line of the lot to the front setback line; provided, however, that if any official plan line has been established for the street upon which the lot abuts, the yard measurement shall be taken from such official plan line to the nearest line of the building.
(Prior code § 30.271)
"Rear yard"
means a yard extending across the full width of the lot and measured between the rear line of the lot and the rear setback line.
(Prior code § 30.272)