9120.17. - R.

A.

Real estate tract sales office. "Real estate tract sales office" means a temporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivision.

B.

Recreation club, private. "Private recreation club" means an association of persons who are bona fide members, paying regular dues, and organized to provide recreational facilities for members and their guests, but not including an association organized primarily to render a service customarily carried on as a commercial enterprise.

C.

Recreational facilities, neighborhood. "Neighborhood recreation facilities" means outdoor recreation facilities established by an association of persons who are bona fide members and operated as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests.

Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity, but shall not include a restaurant, bar or pro shop.

D.

Recreational vehicle. "Recreational vehicle" means a travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

E.

Removal, oak tree. "Removal" means the physical removal of a tree or activities causing the death of a tree through damaging, poisoning or other direct or indirect action.

F.

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

G.

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

H.

Right-of-way. "Right-of-way" means an area or strip of land, either public or private, on which a right of passage has been locally established.

I.

Room, guest. "Guest room" means one which is designed, used or intended to be used as temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by this article.

J.

Routine maintenance, oak tree. "Routine maintenance" means actions needed for the continued good health of an oak tree, including but is not limited to removal of deadwood, insect control, spraying and watering.

K.

Recycling center. "Recycling center" means a facility used for the collection and/or purchase of recyclable materials for transport to an off-site location for further processing.

L.

Residential care facility for the elderly. "Residential care facility for the elderly" shall mean a state-licensed residential facility for the elderly, as defined in California Health and Safety Code Section 1569.2.

M.

Retail store. "Retail store" means any store, shop, business, or establishment engaged in the selling of goods, wares or merchandise directly to the ultimate consumer, including but not limited to appliance stores, bookstores, clothing and apparel stores, drugstores, furniture stores, hardware stores, jewelry stores, liquor stores, music stores, paint and wallpaper stores, pet stores, record stores, and toy stores.

(Ord. No. 203, § 1, 10-9-91; Ord. No. 99-299, § 1, 11-17-99; Ord. No. 02-310, § 3A, 3-5-2002; Ord. No. 14406, § 4, 5-14-2014)

9120.18. - S.

A.

Salvage. "Salvage" means any article or material which is to be or intended to be reclaimed or saved from destruction.

B.

Sanitarium, health. "Health sanitarium" means an institution where patients, other than mental, alcohol or drug addict patients, are housed and where medical or post-surgical treatment is provided.

C.

Sanitarium, mental. "Mental sanitarium" means an institution for the recuperation and treatment of victims of mental disorders, alcohol or drug addiction.

D.

Scenic highway. "Scenic highway" means any highway designated a scenic highway by the city, county, state or federal government.

E.

SEATAC. "SEATAC" means the significant ecological area technical advisory committee.

F.

Secondary street. "Secondary street" means a street that provides access to an arterial street or a freeway and for abutting property. Trip lengths and travel speeds are lower than on arterial streets.

G.

Section. "Section" means a section of this article, unless some other ordinance or statute is mentioned.

H.

Senior citizens and handicapped persons housing development. "Senior citizens and handicapped persons housing development" means a multiple-family housing development maintained for the occupancy of the elderly in which not more than ten (10) percent of the occupants are under sixty-two (62) years of age, or for handicapped persons having a physical or mental, disability that substantially limits activity especially in relation to employment or education.

I.

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

J.

Setback area. "Setback area" means the area between the building line, or when abutting a street, from the ultimate right-of-way line.

K.

Setback distance. "Setback distance" means the distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

L.

Sexual arousal, sexual gratification and/or Sexual stimulation. "Sexual arousal, sexual gratification and/or sexual stimulation" as used in this article means the act, stimulation, depiction or visual display of any of the following:

1.

Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

2.

Human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

4.

Fondling or touching human genitals, pubic region, buttock or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being;

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

"Sexual arousal, sexual gratification and/or sexual stimulation" shall also include the following:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

Female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

M.

Shall. "Shall" is mandatory.

N.

Shopping center. "Shopping center" means an integrated development of retail and/or service commercial activities on one (1) lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs.

O.

Sign. "Sign" means any thing of visual appearance primarily used for, or having the effect of, attracting attention from streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays of merchandise, products for sale on the premises, ornamentation, design, recreational equipment, statuary, architecture, landscaping, pictures, paintings and other such art forms unless the attraction, because of the location, size, use or nature thereof, has the substantial effect of attracting attention for identification purposes when viewed from an outside public area. "Sign" shall include a neon sign at any location inside a building if such sign can be viewed from an outside public area. For the purpose of this part, a sign is not a sign if it is inside a building, more than three (3) feet behind a window and not facing a window in such a way as to be viewed from an outside public area.

P.

Significant ecological area. "Significant ecological area" means significant ecological areas/habitat management areas designated as open space on the land use map of the general plan, which are ecologically important or fragile land and water areas valuable as plant and animal communities. The intent is to preserve these resources in an ecologically viable state.

Q.

Sidewalk. "Sidewalk" means that paved portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel.

R.

Solid fill. "Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.

S.

Special use permit. Whenever this article, or any permit granted thereunder, refers to a "special permit" or a "special use permit," it shall be construed to mean a conditional use permit.

T.

Specific plan. "Specific plan" means a definite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the Government Code of the state.

U.

Stable, private. "Private stable" means a building or a portion of a building used to shelter, board and/or feed equines not for profit.

U.1. Stable, public. Public stable shall mean a structure, a portion of a structure or other enclosures used to shelter and feed equines for some form of remuneration.

V.

Storage. "Storage" shall mean the use of land or structures for the accumulation or holding of goods, merchandise, equipment or material, except that "junk" shall be excluded from this definition.

W.

Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

X.

Street or highway. "Street or highway" means a public or private vehicular right-of-way other than an alley.

Y.

Street centerline. "Street centerline" means the centerline of a street right-of-way as established by official survey.

Z.

Street opening. "Street opening" means a curb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property.

AA.

Structure. "Structure" means anything constructed or erected requiring a fixed location on the ground or attached to a thing having a fixed location on the ground except business signs and other improvements of a minor character.

BB.

Structural alterations. "Structural alteration" means any change in the supporting members of a building or structure.

CC.

Substantial remodel. "Substantial remodel" means the removal of fifty percent or more of the exterior walls or roof or removal of fifty (50) percent or more of supporting members of a structure such as bearing walls, columns, beams or girders for any duration of time. This definition does not apply to the replacement and upgrading of residential roof coverings.

DD.

Suite, guest. "Guest suite" means a combination of two (2) or more guest rooms.

DD.1.

Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

EE.

Swap meet. "Swap meet" shall mean a business conducted for the purpose of selling new or used merchandise in a location not primarily devoted to such use on a daily basis and where two (2) or more individual sellers rent, lease or otherwise purchase the right to sell their products at the location. A swap meet shall also include a flea market. Swap meet or flea market shall not include such activities when conducted by a church, school, or other similar nonprofit, public service organization.

FF.

Swimming pool. "Swimming pool" means an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children.

(Ord. No. 162, § 1, 9-13-89; Ord. No. 09-358, § 2, 1-18-2009; Ord. No. 11-383, § 3, 3-9-2011; Ord. No. 434, § 8, 1-10-2018)

9120.19. - T.

A.

Theater. "Theater" means an enclosed building used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Theater" shall include auditorium.

B.

Theater, adult. "Adult theater" means any theater which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice.

C.

Theater, movie. "Movie theater" means an enclosed building used for showing motion pictures.

D.

Theater, open air. "Open air theater" means an oval or circular building with rising tiers of seats used for public entertainment.

E.

Townhouse development. "Townhouse development" means a cluster development consisting of attached dwelling units, of similar architectural design, which share a common wall. The townhouses and land they rest upon may be individually owned.

F.

Travel trailer park. "Travel trailer park" means any area or tract of land or a separate designated section within a mobile home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes.

G.

Truck terminal or truck yard. "Truck terminal or truck yard" means a principal use of land for parking, servicing, repairing or storage of trucks in active use. This definition does not include such activities if incidental to and located on the same lot as a permitted use, servicing only said permitted use, and wholly owned by the owners of said permitted use.

H.

Transitional housing. "Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

(Ord. No. 240, § 2, 9-8-93; Ord. No. 11-383, § 5, 3-9-2011)