158.999 Penalty

Any subdivision contrary to the provisions of this chapter or any offer to sell or contract to sell, or any sale contrary to the provisions of this chapter shall be a misdemeanor, and any person, firm, corporation, partnership or copartnership, upon conviction thereof, shall be punishable as set forth in § 10.99; provided, however, the provisions of this section shall not be deemed to bar any legal, equitable or summary remedy to which the city or any other political subdivision or person, firm, corporation, partnership or copartnership may file a suit in the Superior Court of the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of the provisions of this chapter.

(1973 Code, § 9-3.2418) (Ord. 770, eff. 3-24-1982)

159 ZONING

• 159 General Provisions (Sections 159.001 159.006)

• 159 Establishment Of Districts (Sections 159.015 159.019)

• 159 Uses Permitted (Sections 159.030 159.047)

• 159 Manufactured Homes And Mobile Home Park Developments (Sections 159.055 159.068) - 159 Planned Unit Developments (Sections 159.080 159.097) - 159 Design Review (Sections 159.110 159.125)

• 159 Airport Zoning (Sections 159.140 159.151)

• • 159 Off Street Parking And Loading (Sections 159.165 159.175) 159 Mobile Food Vendors (Section 159.180) - 159 Signs (Sections 159.185 159.198) - 159 Official Plan Lines (Sections 159.220 159.229) 159 Non-Conforming Uses And Buildings (Sections 159.240-159.246)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURE . The art of science of cultivating the ground, including the harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; horticulture and forestry; and the science and art of the production of plants and animals useful to humans.

(1973 Code, § 9-4.103)

AIRPORT . A place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs or take in fuel.

(1973 Code, § 9-4.104)

ALLEY . A passage or way open to public travel, affording a secondary means of vehicular access to abutting lots and lot intended for general traffic circulation.

(1973 Code, § 9-4.105)

APARTMENT . A room, or suite of 2 or more rooms, which is designated for, intended for or occupied by 1 family doing its cooking therein.

(1973 Code, § 9-4.106)

AUTO COURT . A group of 2 or more buildings containing guest rooms or apartments, with automobile storage space serving the rooms or apartments provided in connection therewith, which group is designated and used primarily for the accommodation of transient automobile travelers. AUTO COURT shall also include motels.

(1973 Code, § 9-4.107)

AUTOMOBILE REPAIR .

1. MAJOR AUTOMOBILE REPAIR . All repair, servicing or maintenance work not described under "minor automobile repair," including, but not limited to general repair, rebuilding or reconditioning of:

   1. Non-passenger vehicles and trucks exceeding 1-1/2 tons capacity; and

   2. Body, frame or fender components, including collision service or painting. All minor repair activities are also included within this definition.

2. MINOR AUTOMOBILE REPAIR . General servicing, repair and maintenance of passenger cars, motorhomes and trucks not exceeding 1-1/2 tons capacity. Such servicing may include, but shall not be limited to:

   1. The repair, rebuilding or replacement of motors, transmissions, differentials, worn or defective parts and gaskets external to the basic engine block, such as intake and exhaust manifolds, carburetors and water pumps;

3. The repair and replacement of worn or defective brake parts, clutch parts, mufflers, exhaust system parts, wheel bearings, shock absorbers, tires, batteries, spark plugs and other accessible minor parts; and

4. Maintenance work such as the changing or supplementing of vehicle fluids and the adjustment of mechanical components while on the vehicle.

(1973 Code, § 9-4.107.5) (Ord. 90-6, eff. 5-16-1990)

AUTOMOBILE WRECKING YARD . See JUNK YARD .

(1973 Code, § 9-4.108)

BILLBOARD . Any structure the sole or primary purpose of which is the display of advertisements or notices larger than 32 square feet in area, not relating to the production or sale of goods or services on the premises within which the billboard is constructed.

(1973 Code, § 9-4.109) (Ord. 569, eff. - -)

BLOCK . The property abutting on 1 side of a street and lying between the 2 nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and a railroad right-of-way, unsubdivided acreage, watercourse or body of water.

(1973 Code, § 9-4.110)

BOARDINGHOUSE . See ROOMING OR BOARDINGHOUSE .

(1973 Code, § 9-4.111)

BUILDING . Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer. The word BUILDING shall include the word STRUCTURE . Also see STRUCTURE .

(1973 Code, § 9-4.112)

1. ACCESSORY BUILDING .

1. A subordinate building, the use of which is consistent to that of a main building on the same building site and is not connected to the main building.

2. The building shall be separated from the main building by a distance of not less than ten feet.

3. The roof of an ACCESSORY BUILDING shall have no other use.

4. A REAR ACCESSORY BUILDING shall be limited to 1 story in height, shall have a maximum top of roof height of 15 feet measured from the grade at the highest grade level, shall not exceed 1,000 square feet, and shall not occupy more than 30% of the rear yard.

(1973 Code, § 9-4.113) Am. Ord. 739, eff. 1-17-1979; Am. Ord. 787, eff. 6-8-1983)

2. BUILDING HEIGHT . The vertical distance from the level of the highest point of that portion of the building site covered by the building to the topmost point of the building.

(1973 Code, § 9-4.114)

3. HISTORIC BUILDING . Any building within a Historic Design District.

(1973 Code, § 9-4.115) (Ord. 630, eff. - -; Am. Ord. 04-8, eff. 11-15-2004)

4. MAIN BUILDING . A building in which is conducted the principal use of the building site.

(1973 Code, § 9-4.116)

BUILDING SITE . A parcel of land occupied, or intended to be occupied, by uses and buildings permitted by this chapter, and which site includes such size, dimensions, open space and parking as are required in the district in which the site is located, and which site abuts a city street, state highway or a private road which road conforms to the standards approved by the Commission. The words BUILDING SITE shall include LOT and PLOT .

(1973 Code, § 9-4.118)

BUNGALOW COURT . A combination or group of 2 or more detached or semidetached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for non- transient living accommodations.

(1973 Code, § 9-4.119)

BUSINESS .

1. RETAIL BUSINESS . The retail sale of any article, substance or commodity for profit or livelihood conducted within a building, but RETAIL BUSINESS shall not include the sale of lumber or other structural building materials or the sale of used or secondhand goods.

(1973 Code, § 9-4.120)

2. WHOLESALE BUSINESS . The wholesale handling of any article, substance or commodity for profit or livelihood, including the handling of lumber or other building materials, and including the minor processing or manufacturing of any product or substance in connection therewith.

(1973 Code, § 9-4.121)

CARPORT . See GARAGE OR CARPORT .

(1973 Code, § 9-4.122)

CITY BOUNDARY . The boundary of the city.

(1973 Code, § 9-4.123)

CLUB . All clubs, except those the chief activity of which is a service customarily carried on as a business.

(1973 Code, § 9-4.124)

COMMISSION . The Planning Commission of the city.

(1973 Code, § 9-4.125)

COMMON OPEN SPACE . Parcels of land, an area of water or a combination of land and water within a site designated for a planned unit development and designated and intended for the use or enjoyment of residents of the planned unit development. COMMON OPEN SPACE may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development. Also see OPEN SPACE .

(1973 Code, § 9-4.126) (Ord. 591, eff. - -)

CONFORMING USE . See USE, CONFORMING .

(1973 Code, § 9-4.127)

COURT . An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which court is bounded on 2 or more sides by the building or buildings.

(1973 Code, § 9-4.128)

COVERAGE, PERCENT . A ratio, expressed as a percentage, of the area of a lot covered by a building to the total area of the lot.

(1973 Code, § 9-4.129)

CROP AND TREE FARMING . The raising of any form of vegetation for profit.

(1973 Code, § 9-4.130)

DIRECTOR and PLANNING DIRECTOR . The Planning Director of the city or his or her designee.

(Ord. 09-02, eff. 4-8-2009, amended 25-05)

DUPLEX . See DWELLING, 2-FAMILY .

(1973 Code, § 9-4.131)

DWELLING GROUP . A group of 2 or more detached or semi-detached 1-family duplexes or multiple-family dwellings, occupying a parcel of land in 1 ownership and having any yard or court in common.

(1973 Code, § 9-4.132)

1. MULTIPLE-FAMILY DWELLING . A building, or portion thereof, used or designed as a residence for 3 or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including motels.

(1973 Code, § 9-4.133)

2. SINGLE-FAMILY DWELLING . A detached building designed for, or occupied exclusively by, 1 family, including the necessary servants of the family.

(1973 Code, § 9-4.134)

3. TWO-FAMILY DWELLING . A detached building designed for, or occupied exclusively by, 2 families living independently of each other.

(1973 Code, § 9-4.135)

DWELLING UNIT . A housing accommodation designed for, or occupied exclusively by, 1 family, including the necessary servants of the family.

(1973 Code, § 9-4.136)

EMERGENCY SHELTER . Shall have the same meaning as defined in Cal. Health and Safety Code § 50801, subd.(e).

FAMILY . One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.

(1973 Code, § 9-4.137)

FLAG LOT . A lot which does not front on a public street or easement, but has access to a public street or easement as provided in § 159.262.

(1973 Code, § 9-4.137.1) (Ord. 636, eff. - -)

GARAGE or CARPORT . An accessible and usable covered space of not less than 10 feet by 20 feet for the storage of automobiles, which garage shall be so located on the lot so as to meet the requirements of this chapter for an accessory building or, if attached to the main building, to meet the requirements of this chapter applicable to the main building.

(1973 Code, § 9-4.138)

1. PUBLIC GARAGE . Any premises, except those premises defined herein as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

(1973 Code, § 9-4.139)

2. STORAGE GARAGE . Any premises, except those premises defined herein as a private garage, used exclusively for the storage of motor vehicles. (1973 Code, § 9-4.140)

GUEST HOUSE . Detached living quarters of a permanent type of construction, without kitchens or cooking facilities, clearly subordinate and incidental to the main building on the same building site.

(1973 Code, § 9-4.141)

HISTORIC BUILDING . Any building within a Historic Design Review District or any other building located outside a Historic District that has been designated a historic resource by the city.

HOME OCCUPATION . An occupation carried on by the occupants of a dwelling as an accessory use in connection with which there is no external display or no person employed.

(1973 Code, § 9-4.142)

HOTEL . Any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients as defined in § 33.186, including, but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, recreation vehicle or other similar structure or portion thereof, including a bed and breakfast establishment, as defined herein.

(1973 Code, § 9-4.143)

INSTITUTIONAL USE . Shall include premises associated with, but not limited to, places of worship, hospitals, educational facilities, and community service organizations.

JUNK YARD . The use of more than 200 square feet of the area of any parcel, lot or contiguous lots for the storage of junk, including scrap metals or other scrap materials and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

(1973 Code, § 9-4.144)

KEY LOT . The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and which fronts on the street which intersects or intercepts the street upon which the corner lot fronts.

(1973 Code, § 9-4.145)

LANDOWNER . The legal or beneficial owner of the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 20 years, or other person having an enforceable proprietary interest in the land shall be deemed to be a LANDOWNER for the purposes of this chapter.

(1973 Code, § 9-4.146) (Ord. 591, eff. - -)

LOT . See BUILDING SITE .

(1973 Code, § 9-4.147)

MANUFACTURED HOME . A structure, transportable in 1 or more sections, designed and equipped to contain 1 dwelling unit on a foundation system, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq .), pursuant to § 18551 of the Health and Safety Code. MANUFACTURED HOME does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing or trailer, as defined in the California Health and Safety Code.

(1973 Code, § 9-4.147.1) (Ord. 89-9, eff. 5-24-1989)

MINING . The action, process or industry of extracting ores or other valuable materials.

(1973 Code, § 9-4.148)

MOBILE HOME . A structure, transportable in 1 or more sections, designed and equipped to contain 1 dwelling unit to be used with or without a foundation system, and the mobile home is either certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401

et seq .) or the mobile home complies with all adopted safety criteria established for mobile homes constructed before the effective date of the 1974 Manufactured Housing Construction and Safety Standards Act. MOBILE HOME does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing or trailer as defined in the California Health and Safety Code.

(1973 Code, § 9-4.148.1) (Ord. 89-9, eff. 5-24-1989)

MOTEL . See AUTO COURT .

(1973 Code, § 9-4.149)

NON-CONFORMING BUILDING . A building or structure, or portion thereof, which does not conform to the regulations of this chapter for the district in which it is situated and which building or structure lawfully existed on February 7, 1967.

(1973 Code, § 9-4.150)

NON-CONFORMING USE . See USE, NON- CONFORMING .

(1973 Code, § 9-4.151)

OFFICE, PROFESSIONAL . An office for the conduct of any one of the following uses: accountant, advertising agency, architect, attorney, chiropractor, civil engineer, surveyor drafting, collection agency, dentist, insurance, physician, photographer, private detective, real estate, social worker or similar use.

(1973 Code, § 9-4.152) (Ord. 585, eff. - -)

OPEN SPACE .

1. Land subject to valid restrictions against housing developments, the maintenance of which in its natural state is necessary for the enhancement of living conditions in a planned unit development.

2. Also see COMMON OPEN SPACE .

(1973 Code, § 9-4.153) (Ord. 591, eff. - -)

PLAN . The provisions for the development of a planned unit development, including a plat of subdivision, all covenants relating to the use, location, and bulk of buildings and other structures, the intensity of use or the density of development, streets, ways and parking facilities. The phrase "provisions of the plan" shall mean the written and graphic materials referred to in this definition.

(1973 Code, § 9-4.154) (Ord. 591, eff. - -)

PLANNED UNIT DEVELOPMENT . An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the plan for which may not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations established for any 1 residential district created from time to time pursuant to the provisions of this chapter.

(1973 Code, § 9-4.155) (Ord. 591, eff. - -)

PLANNING COMMISSION . See COMMISSION .

(1973 Code, § 9-4.156)

RECONSTRUCTION . The building of a new structure, all or part of which replaces a previously existing structure, housing similar permitted uses on the same parcel of land.

(1973 Code, § 9-4.157) (Ord. 585, eff. - -)\

RESIDENTIAL CARE FACILITY - LARGE . A large residential care facility refers to any premises, place, or building that provides 24- hour non-medical services to 7 or more persons who are in need of personal services, supervision, or assistance. A large residential care facility is licensed by the State Department of Social Services and, according to the provisions of the California Health and Safety Code, shall be considered a residential use of property. Typical uses include, but are not limited to, facilities for alcoholism or drug abuse recovery, residential care for the elderly, mentally disordered or handicapped persons, dependent and neglected children, social rehabilitation, pediatric care, intermediate care for the development disabled, and congregate living health.

RESIDENTIAL CARE FACILITY - SMALL . A small residential care facility refers to any premises, place, or building that provides 24- hour non-medical services to 6 or fewer persons who are in need of personal services, supervision, or assistance. A small residential care facility is licensed by the State Department of Social Services and, according to the provisions of the California Health and Safety Code, shall be considered a residential use of property. Typical uses include, but are not limited to, facilities for alcoholism or drug abuse recovery, residential care for the elderly, mentally disordered or handicapped persons, dependent and neglected children, social rehabilitation, pediatric care, intermediate care for the development disabled, and congregate living health.

Health and Safety Code, shall be considered a residential use of property. Typical uses include, but are not limited to, facilities for alcoholism or drug abuse recovery, residential care for the elderly, mentally disordered or handicapped persons, dependent and neglected children, social rehabilitation, pediatric care, intermediate care for the development disabled, and congregate living health.

REST HOME . The rooming or boarding of any aged or convalescent persons, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency.

(1973 Code, § 9-4.158)

ROAD . A right-of-way, easement or prescriptive right-of-way belonging to the city, a state highway, a private road or easement at least 50 feet in recorded width, or an easement of lesser width provided such easement was recorded in. the office of the County Recorder prior to March 5, 1967, and which is customarily used for automobile travel.

(1973 Code, § 9-4.159)

ROOMING OR BOARDINGHOUSE . A dwelling, other than a hotel, where lodging and/or meals for 5 or more persons are provided for compensation.

(1973 Code, § 9-4.160)

SETBACK .

1. FRONT SETBACK . The depth of an area along the entire front of any lot within which no building or structure may be permitted.

(1973 Code, § 9-4.161)

2. REAR SETBACK . The depth of an area along the entire rear of any lot within which no building or structure may be permitted, except as provided in this chapter.

(1973 Code, § 9-4.162)

3. SIDE SETBACK . The depth of an area along the entire side of any lot within which no building or structure may be permitted.

(1973 Code, § 9-4.163)

SIGN . Anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed or made visible for out-of-door advertising purposes, in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever.

(1973 Code, § 9-4.164)

1. APPURTENANT SIGN . A sign relating only to the goods sold or services rendered upon the building site on which such sign is erected or maintained.

(1973 Code, § 9-4.165)

2. DIRECTIONAL SIGN . Any sign indicating the location of facilities, goods or services offered to the public.

(1973 Code, § 9-4.166)

3. OUTDOOR ADVERTISING SIGN . Any sign other than an appurtenant sign.

(1973 Code, § 9-4.167)

STORY . The portion of a building included between the surface of any floor and the surface of the next floor above the floor or, if there is no floor above the floor, the space between the floor and the ceiling next above the floor.

(1973 Code, § 9-4.168)

STREET . See ROAD .

(1973 Code, § 9-4.169)

STREET LINE . The boundary between a street and abutting property.

(1973 Code, § 9-4.170)

STRUCTURAL ALTERATION . Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(1973 Code, § 9-4.171)

STRUCTURAL WALL . Any bearing wall of a building.

(1973 Code, § 9-4.172)

STRUCTURE . Anything constructed or erected, except fences under 6 feet in height, the use of which requires location on the ground or attachment to something having location on the ground, but not including any trailer or tent.

(1973 Code, § 9-4.173)

OUTDOOR ADVERTISING STRUCTURE . Any structure of any kind or character erected or maintained for outdoor advertising sign purposes.

(1973 Code, § 9-4.174)

SUPPORTIVE HOUSING . Shall have the same meaning as defined in Cal. Health and Safety Code § 50675.14 subd. (b).

TRANSITIONAL HOUSING . Shall have the same meaning as defined in Cal. Health and Safety Code § 50675.2 subd. (h).

USE. The purpose for which land or premises, or a building thereon, is designed, arranged or intended or for which land or premises is or may be occupied or maintained.

(1973 Code, § 9-4.175)

1. ACCESSORY USE . A use accessory to any permitted use and customarily a part of the use, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof.

(1973 Code, § 9-4.176)

2. CONFORMING USE . Any use that conforms with the nature of uses specifically permitted by the provisions of this chapter in the zoning district in which the use exists, including those uses classified as conforming by the terms of a use permit.(1973 Code, § 9-4.177)

3. NON-CONFORMING USE . Any use of any building or land, which use does not conform to the regulations as to use for the district in which it is situated and which lawfully existed on February 7, 1967.(1973 Code, § 9-4.178)

(Ord. 558, eff. - -; Am. Ord. 06-2, eff. 4-12-2006; Am. Ord. 13-07, eff. 5-22-2013; Am. Ord. 13-10, eff. 12-25-2013; Am. Ord. 15-1, eff. 2-11-2015)