§ 9-1-142. Definition of terms.

Abandoned means a building or use the development or operation of which has been ceased or suspended.

Abutting or adjacent means two or more parcels sharing a common boundary at one or more points.

Accessory building or structure means a building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel or building site.

Accessory use means a land use subordinate and incidental to the principal use on the same parcel.

Actual construction means the placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement, subterranean room or garage, swimming pool, or spa is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved.

Administrative office means a place of business for the rendering of service or general administration, but not including retail sales.

Adult business or adult-oriented business. See section 9-1-54.4.

Advertising statuary or vehicles. See sign definitions, section 9-1-79.

Alley means a public or private way permanently reserved as a secondary means of access to abutting property.

Alteration means any physical change in the internal or external composition of a building or other structure.

Animal hospital or animal clinic. See veterinary clinic.

Antenna means a device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal.

Apartment means a dwelling unit within an apartment building or project, designed and used for occupancy by one family, typically on a rental basis.

Apartment building or apartment project means a building or group of buildings in a single ownership with three or more dwelling units per building and, typically, with units occupied on a rental basis.

Area, buildable lot or site. Buildable lot area or buildable site area means, consistent with the land use element of the general plan, the net lot or site area less any slope areas with a ratio of 2:1 or steeper.

Area, buildable project. Buildable project area means the net site area within a development project less any slope areas with a ratio of 2:1 or steeper.

Area, lot or site. Lot area or site area means the horizontal area within a lot or site expressed in square feet, acres, or other area measurement.

Area, net lot or site. Net lot area or net site area means the horizontal area within the boundaries of a lot or site less perimeter rights-of-way and easements and areas set aside for public schools, parks, and other public uses.

Assisted living facility. See managed care facility.

Attached structures means two or more structures which are physically connected with a wall, roof, deck, floor, architectural features or any other connection that exceeds 30 inches in height above the finished grade and is a minimum 48 inches in width. Also, for the purposes of zoning, structures separated by 30 inches or less shall be considered attached whether they are joined by any physical connection or not.

Attached dwelling or attached residential. See dwelling, attached.

Automobile repair specialty shop means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition.

Automobile service station. See service station or gas station.

Automobile wrecking or automobile dismantling means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts.

Awning means a roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements.

Basement means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story, as defined in this subarticle (see also first story).

Bed and breakfast or "B & B" means an establishment primarily engaged in providing temporary lodging (i.e. less than 30 days) for the general public with access typically provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided.

Bedroom means any habitable room other than a kitchen, bathroom, hallway, dining room, or living room.

Berm means a mound or embankment of earth.

Billboard. See sign definitions, section 9-1-79.

Boarding house, large means any building or portion thereof with access typically provided through a common entrance to guest room(s) having no cooking facilities and accommodating three or more tenants. Guest rooms are rented for a period of 30 consecutive calendar days or more under separate written or oral rental agreements, leases or subleases or a combination thereof, whether or not the owner, agent or rental manager resides on site.

Boarding house, small means any dwelling or portion thereof with access typically provided through a common entrance to guest room(s) having no cooking facilities and accommodating a total of two or fewer tenants. Guest rooms are rented for a period of 30 consecutive calendar days or more under separate written or oral rental agreements, leases or subleases or a combination thereof, whether or not the owner, agent or rental manager resides on site.

Buildable portion means the area of a parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area.

Building means an enclosed structure having a roof supported by columns or walls.

Building height means the height of a building relative to the surrounding ground area. The measurement of maximum building height is described in sections 9-1-33 and 9-1-43.

Building, main means the building containing the main or principal use of the premises.

Building, relocatable means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobile homes, construction trailers, and modular buildings.

Building site means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. The terms site and building site are interchangeable for the purposes of this code.

Building site area. See definitions under area.

Building site coverage means the relationship between the ground floor area of the buildings and the buildable site area. Carports and parking structures shall constitute ground floor area for purposes of this definition, but unenclosed post-supported roofs over patios and walkways, unenclosed post-supported eave overhangs and swimming pools shall not so constitute ground floor area.

Building site, panhandle or flag. See definitions under lot.

Building site, through means a building site having frontage on two parallel or approximately parallel streets. [see "lot, through"]

Business park. See Industrial park.

Caretaker means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises.

Carport means a roofed structure or a portion of a building which is open on one or more sides, with no door and no through vehicular access, for the parking of automobiles belonging to the occupants of the property.

Certificate of occupancy or certificate of use and occupancy means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled.

Child day care center or preschool means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions.

Child day care facility means, consistent with section 1596.750 of the state health and safety code, a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes both child day care centers and child day care homes.

Child day care home or family day care home means, consistent with section 1596.78 of the state health and safety code, a child day care facility which regularly provides care, protection and supervision of 12 or fewer children in the provider's own home, including children under the age of ten years who reside at the home. However, a child day home also includes facilities which provide care for up to and including 14 children if at least two of the children are at least six years of age and no more than three infants are cared for during any time when more than 12 children are cared for.

City means the City of Laguna Niguel and the Laguna Niguel community services district.

City council means the city council of the city.

Cleaning plant or laundry plant means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies.

Clinic, medical means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care.

Club means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses.

Code means this zoning code unless another code, ordinance or law is specified.

Commercial means operated or conducted on a frequent basis for the purpose of financial gain.

Commercial center. See shopping center.

Commercial marijuana activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, dispensing, distribution, delivery or sale of marijuana or marijuana products.

Commercial recreation means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges.

Commercial vehicle means a vehicle customarily used as part of a business for the transportation of goods or people.

Commission means the planning commission of the city unless another commission is indicated.

Community apartment project means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

Condominium means, consistent with section 1351 of the state civil code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property.

Convalescent hospital. See managed care facility.

Conversion project means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development.

Coop apartment or cooperative apartment means a dwelling unit within a stock cooperative (see stock cooperative).

Corner lot. See definitions under lot.

County means the County of Orange unless another county is indicated.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Day care center. See child day care center.

Decision-making authority or decision-making body means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city.

Delivery means the commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

Density means the number of dwelling units per gross acre, unless another area measurement is specified.

Detached structure means a structure which is not an attached structure (see the definition of attached structure).

Development means, on land or 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 the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, 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.

Director or community development director means the community development director of the city or the director's authorized agent or representative.

Disabled shall have the same meaning as handicapped.

Dispensary means a facility or location, whether fixed or mobile, where marijuana, marijuana products or devices for the use of marijuana are offered, made available to, or provided, either individually or in any combination, with or without enumeration, for medical, recreation or other purposes.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

District. See zoning district.

District, nonresidential. See nonresidential district.

District, residential. See residential district.

District, special purpose. See special purpose district.

Drive-in or drive-thru means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle.

Driveway means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street.

Driveway approach means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway.

Duplex means a permanent building containing two dwelling units on a single lot.

Dwelling means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels.

Dwelling, attached means a main dwelling unit attached to one or more other main dwelling units by means of a roof or common interior wall.

Dwelling, main or primary residence means the dwelling unit permitted as the principal use of a parcel, either by itself or with other dwelling units (as in multifamily buildings).

Dwelling, multifamily means a building containing three or more dwelling units on a single lot or building site.

Dwelling, single-family means one main dwelling unit on a single parcel or building site.

Dwelling, single-family detached means a single-family dwelling not attached to any other main dwelling.

Dwelling, patio home means a single-family detached dwelling shifted to one side of the lot; i.e. placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal.

Dwelling, townhome means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot.

Dwelling unit means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by a single housekeeping unit for living and sleeping purposes.

Dwelling unit, second. See second residential unit.

Easement means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land.

Educational institution means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education.

Elevation means the vertical distance above sea level.

Employee's quarters means quarters, with or without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer.

Enclosed means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits.

Exception means a city-approved deviation from a development standard based on the following types of findings by the decision-making authority:

(1)

A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and

(2)

One or more specific findings justifying the particular exception requested.

Fair housing laws means the Federal Fair Housing Act (FFHA), the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (FEHA), as each statute may be amended from time to time, and each statute's implementing regulations.

Family day care home. See child day care home.

First story means the lowest story of a building which qualifies as a story, as defined in this subarticle, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade for more than 50 percent of the total perimeter of the building or not more than eight feet below grade at any point (see also basement).

Flag. See sign definitions, section 9-1-79.

Flag lot or panhandle lot. See definitions under lot.

Flood means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

Flood insurance rate map (FIRM) or Flood boundary and floodway map mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city.

Floodplain means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor area, gross means the total square footage of all floors and mezzanines of a building, including the exterior walls thereof but excluding courtyards and other outdoor areas.

Floor area ratio means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the buildable site area.

Free-standing sign. See sign definitions, section 9-1-79.

Front lot line. See definitions under lot line.

Gas station means the same as service station, but without auto repair or tune-up services.

Garage means a building or portion of a building used primarily for the parking of motor vehicles.

General plan means the general plan of the city.

Government code means the California Government Code.

Grade, average means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land.

Grade, average finish means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading.

Grade, finish means the ground elevation at any point after final grading.

Grading means the filling, excavation or other movement of earth for any purpose.

Gross acreage means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre.

Gross density. See density.

Gross floor area. See floor area, gross.

Gross lot or parcel area. See lot area, gross.

Group home means a dwelling or portion thereof that is being used as a supportive living environment for persons who are considered disabled under state or federal law. Group homes shall not include the following: (1) state licensed residential care facilities; (2) any group home that operates as a single housekeeping unit.

Guest house means an attached or detached dwelling unit which has sanitary facilities, but no cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests or domestic employees.

Habitable area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Habitable area does not include a garage or any accessory structure.

Habitable room means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room.

Handicapped means, as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Hazardous waste means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Home for the aged. See convalescent home.

Home occupation means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See section 9-1-35.10.

Hospital means a facility licensed by the state department of health services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients.

Hotel means any establishment with access provided through a common entrance, lobby or hallway to guest rooms each having a private bath attached thereto which are typically rented on a daily basis for the purpose of providing overnight lodging to the general public for compensation.

Household means all the people occupying a dwelling unit.

Identification sign. See sign definitions, section 9-1-79.

Industrial park, business park, or office park means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a single project, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property.

Integral facilities means any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses means any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Intensity means the level of development or activity associated with a land use, as measured by one or more of the following:

(1)

The amount of parking required for the use per this code.

(2)

The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics.

(3)

The floor area occupied by the use.

(4)

The percentage of the building site occupied by the use or by the structure containing the use.

Interior lot line. See definitions under lot line.

Kennel or animal shelter means any property where four or more dogs, four or more cats, or other small animals over the age of four months, are kept or maintained for any purpose except veterinary clinics and hospitals.

Kitchen means any room all or part of which is designed and/or used for the cooking or other preparation of food.

Land use. See use.

Land use intensity. See intensity.

Landfill, sanitary means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material.

Laundry plant. See cleaning and laundry plant.

Live entertainment means any act, play, revue, pantomime, scene, dance, or song, or any combination of the foregoing performed in person either indoors or outdoors by one or more persons, with or without compensation for their performance.

Living Area. See habitable area.

Lodging house. See boardinghouse.

Lot means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this code. Types of lots and their definitions are as follows:

Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an "interior lot."

Flag or panhandle lot or building site means a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long.

Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees.

Key lot means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots.

Reverse corner lot means a corner lot, the rear of which abuts the side of another lot.

Through lot means a lot with frontage on two parallel or approximately parallel streets.

Lot area. See definitions under area.

Lot frontage means the length of the front lot line.

Lot line or property line means any boundary of a lot. The classifications of lot lines and their definitions are as follows:

Front lot line means:

(1)

On an interior lot, the line separating the lot from the street;

(2)

On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line.)

(3)

On a through lot, the lot line abutting the street providing primary access to the lot.

Interior lot line means any lot line not abutting a street.

Rear lot line means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten-foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code.

Side lot line means any lot line which is not a front or rear lot line.

Lowest floor means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP overlay district, section 9-1-54.3.

Main building means the building containing the principal use on the premises.

Main dwelling. See dwelling, main

Managed care facility or project means and includes the following:

(1)

Assisted living facilities. Facilities providing care on a monthly basis or longer which are the primary residence of the people served. Such facilities provide services to residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such facilities may be located in more than one building and/or on contiguous parcels within the building site.

(2)

Convalescent hospitals Facilities licensed by the state department of health services which provide bed and ambulatory care for seven or more patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A "convalescent hospital" may also be known as a nursing home, convalescent home, rest home, or home for the aged.

(3)

Residential care facilities for the elderly. Facilities defined in section 1569.2 of the state health and safety code, plus Alzheimer's care facilities.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

Manufactured home. See mobile home.

Marijuana means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California, or for the purposes set forth in California Health & Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

Marijuana accessories means any equipment, products or materials for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

Marijuana activity means any commercial marijuana activity, cultivation of marijuana, delivery of marijuana, distribution of marijuana, dispensing marijuana, manufacture of marijuana, sale of marijuana, the personal use and medical use of marijuana to the extent prohibited by Section 9-1-55, and the operation or establishment of a medical marijuana cooperative, dispensary, delivery service, operator, or provider.

Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

Master plan of arterial highways means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city.

Master plan of drainage means an engineering report outlining the drainage facilities needed for the proper development of the city.

Median means a paved or planted area separating a street or highway into opposite-direction travel lanes.

Medical clinic. See clinic, medical.

Mini-storage facility means a building containing various size storage compartments not exceeding 500 square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers.

Minor use permit. See section 9-1-114.

Mobile home or manufactured home means a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.

Mobile home park or mobile home development means any area or tract of land used to accommodate mobile homes for human habitation, including pads for mobile homes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobile home parks and mobile home subdivisions. See section 9-1-35.17.

Monument sign. See sign definitions, section 9-1-79.

Motel means an establishment containing guest rooms with most or all guest rooms gaining access from an exterior walkway on a daily basis for the purpose of providing overnight lodging to the general public for compensation.

Multifamily dwelling or residence. See dwelling, multifamily.

Net lot area. See definitions under area.

Net project area or net site area. See definitions under area.

Noncommercial coach means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses.

Nonconformity. See section 9-1-121.

Nonconforming use. See section 9-1-121.

Nonconforming lot. See section 9-1-121.

Nonconforming structure. See section 9-1-121.

Nursery, day care. See child day care facility.

Nursing home. See convalescent home.

Office park. See industrial park.

Official zoning map. See zoning map.

Offsite hazardous waste facility means any structures, other appurtenances or improvements on land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to:

(1)

Incineration facilities (i.e. rotary kiln, fluid bed, etc.);

(2)

Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities);

(3)

Stabilization/solidification facilities;

(4)

Chemical oxidation facilities;

(5)

Neutralization/precipitation facilities; or

(6)

Transfer/storage facilities.

Open space means, consistent with the open space component of the general plan, an area of land, creek, river, pond, or lake, public or private, which is used predominantly for passive forms of recreation but may also allow some active recreation use. Open space includes open space corridors, greenbelt areas, landscaped slopes, and conservation areas, and may also include bikeways and riding and hiking trails.

Open space, useable means open space which is predominately level (i.e. slopes less than five percent) but which may contain some steeper land (i.e. with slopes up to 20 percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of 15 feet in width and 300 square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways, or bicycle trails.

Operator means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.

Paragraph means a portion of this zoning code beginning immediately after a lower case letter enclosed by parentheses, e.g. (a), and extending to the next such lower case letter, e.g. (b). (Usage example: "...as stated in paragraph (a) of this section...") (see also section and subsection.)

Parcel means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this code.

Panhandle lot or flag lot. See definitions under lot.

Parking accessway means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas.

Parking structure means a structure which is open or enclosed and is used for the parking of motor vehicles.

Parkway means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space.

Patio home. See dwelling, patio home

Permitted use means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code.

Person includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Planned unit development means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project.

Portable sign. See sign definitions, section 9-1-79.

Precise plan or Precise plan of development means the plan or plans for a project, development, or other entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics.

Precise plan of highway alignment means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines.

Primary residence. See main dwelling.

Principal use means the primary or predominant use of any parcel or structure.

Private residence means a house, an apartment unit, a mobile home, or other similar dwelling.

Projecting sign. See sign definitions, section 9-1-79.

Property line means a lot line or parcel boundary.

Public agency means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof.

Rear lot line. See definitions under lot line.

Recreational vehicle means:

(1)

Any vehicle or trailer designed and used for temporary habitation, including motorhomes, travel trailers, and pick-up trucks with camper shells;

(2)

Components or accessories to a vehicle designed and used for temporary habitation, such as camper shells and cab-over campers;

(3)

Boats and other watercraft;

(4)

Vehicles not permitted for street use, such as dune buggies and off-road motorcycles; and

(5)

All trailers, including but not limited to trailers designed to transport other recreational vehicles, and all other utility trailers.

Recycling means the process by which waste products are reduced to raw materials and transformed into new products.

Referral facility means a residential care facility or a group home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.

Relocatable building. See building, relocatable.

Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to six or fewer persons living in a supportive community residential setting. Residential care facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled; community care facilities; residential care facilities for the elderly; residential care facilities for the chronically ill; alcoholism and drug abuse facilities; pediatric day health and respite care facilities; residential health care facilities, including congregate living health facilities; family care home, foster home, group home for the mentally disordered or otherwise disabled persons or dependent and neglected children. (see also managed care facility)

Residential, multifamily. See dwelling, multifamily.

Residential, single-family. See dwelling, single-family.

Restaurant means any use providing for the preparation, retail sale, and consumption on-site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food stores, bars, cocktail lounges, and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises.

Restaurant, drive-thru means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles.

Rest home. See convalescent home.

Retail means the selling of goods or merchandise directly to the ultimate consumer.

Reverse vending machine means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return.

Riding and hiking trail means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles.

Right-of-way means an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

Roof sign. See sign definitions, section 9-1-79.

Sale includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

Satellite dish antenna means an apparatus capable of receiving communications from a manmade satellite.

Scenic highway means any highway designated a scenic highway by an agency of the city, state or federal government.

Second residential unit, second dwelling unit, or second unit means a secondary dwelling unit, with sleeping and cooking facilities, which is not intended for sale but may be rented and which is located on a single-family lot containing a single-family detached dwelling. The floor area of an attached second unit does not exceed 30 percent of the existing floor area of the primary single-family residence and the floor area of a detached second unit does not exceed 1200 square feet. The terms "granny housing" and "granny flat" are included within the term "second residential unit."

Section means a portion of this zoning code beginning immediately after a four- to seven-digit number beginning with "9-1", e.g. 9-1-12 or 9-1-161.2, and extending to the next such four- to seven-digit number, e.g. 9-1-162. (See also subsection and paragraph.)

Senior citizen means a person 55 years of age or older.

Senior citizen residence means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens.

Service means an act or any result of useful labor which does not in itself produce a tangible commodity.

Service station means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles, including light auto repair and tune-up. A convenience store accessory to the automotive use may be included in the definition of service station. However, though other auto-oriented uses such as car washes and fast food restaurants may share the same site with service stations, these are not included within the service station definition. Also see gas station.

Setback means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. (See also yard.)

Shopping center or commercial center means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property.

Short-term rental means the use of any dwelling unit or portion thereof for a period of less than 30 consecutive calendar days in exchange for compensation, financial or otherwise.

Side lot line. See definitions under lot line.

Sidewalk sale or parking lot sale means the temporary outdoor display and sale by a retail business of merchandise which is normally displayed indoors at the same location as the outdoor sale. (See also special commercial event.)

Sign. See sign definitions, section 9-1-79.

Single-family dwelling or residence. See dwelling, single-family.

Single housekeeping unit means that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indications that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.

Single room occupancy (SRO) facility or SRO hotel means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared.

Site. See building site.

Site coverage. See building site coverage.

Site development permit or development permit. See section 9-1-114.

Slope or slope gradient means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20 percent gradient" (usually used to describe natural as opposed to manufactured, slopes).

Slope ratio means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes).

Sober living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober living homes shall not include the following: (1) state licensed residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

Special center-wide event means the temporary outdoor display and sale of merchandise, or arts and crafts shows, fairs, entertainment, or similar events within a commercial center. (See also sidewalk sale).

Specific plan means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and state government code section 65450 et seq.

Stock cooperative means a corporation which is formed primarily for the purpose of holding title to, either in fee simple 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 shares of stock or membership certificate in the corporation held by the person having such right of occupancy.

Storage means a place where goods, materials, and/or personal property is placed for more than 24 hours.

Story means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it.

Street means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways.

Structure means anything that is erected or constructed having a fixed location on the ground or attached to something on the ground and which extends more than 30 inches above the finish grade. A mobile home or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. (Note: For the coastal zone only, section 9-1-116.1 defines the term structure differently.)

Subsection means a portion of a section of this zoning code designated by a section number followed immediately by a lowercase letter; for example, "subsection 9-1-165.1(a)." (see also section and paragraph.)

Surgicenter means a medical establishment or clinic in which patients are examined and treated on an outpatient basis only.

Swimming pool means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point, designed, constructed and used for swimming, dipping or immersion purposes by humans. This includes, but is not limited to, in-ground, above-ground, and on-ground pools, hot tubs, portable and non-portable spas, and fixed in-place wading pools.

Temporary use means a land use established for a specified period of time and which is discontinued at the end of such specified time.

Townhome. See dwelling, townhome.

Transient basis means for a continuous period of two weeks or less.

Two-unit attached dwelling. See dwelling, two-unit attached.

Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown on the master plan of arterial highways.

Use or land use means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained.

Use permit or conditional use permit. See section 9-1-114.

Variance. See section 9-1-114.

Vehicular accessway means a private, nonexclusive vehicular easement affording access to abutting properties.

Veterinary clinic means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use.

Wall sign. See sign definitions, section 9-1-79.

Yard means an open space on a parcel of land unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows:

Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent.

Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent.

Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent.

Zoning code or code means the zoning code of the city, i.e. division 1 of article 2 of title 9 of the city municipal code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference.

Zoning district or district means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards.

Zoning map or official zoning map means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2017-187 § 2, 6-6-17; Ord. No. 2018-194, § 2, 6-5-18)