Chapter 17.04 — DEFINITIONS

Unless the context otherwise requires, the definitions contained within this chapter shall be used in the construction and interpretation of this title.

(Ord. 458 § 1(part), 1984).

“Abutting” means land having a common property line or zone boundary line, or separated by a private easement or alley.

(Ord. 458 § 1(part), 1984).

“Accessory use, structure or building” means a use, structure or building on the same lot and serving a purpose commonly incidental to principal use, structure, or building. Where an accessory building has a wall or portion thereof not less than four feet in length in common with the building or principal use, such accessory building shall be considered part of the principal building.

(Ord. 458 § 1(part), 1984).

“Aggrieved party” means any person whose happiness or peace of mind is disturbed by any approval or denial granted pursuant to the provisions of this chapter, or any person who owns property which is affected in condition or value or reduced in desirability for possible present or future uses because of such approval or denial. (Ord. 458 § 1(part), 1984).

“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and the necessary accessory uses; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. As used in this definition, “accessory use” means those supply, service, storage, and processing areas and facilities to accommodate agricultural products produced on the premises. The above uses shall not include fur farms, feed lots, stockyards, slaughterhouses, commercial poultry farms, rice dryers, nut hulling works, hog farms, fertilizer works, fruit packing plants or plants for the reduction of animal matter, or similar commercial or industrial uses. (Ord. 458 §1(part), 1984).

“Agricultural processing plants” means facilities for the preparation, processing, packing, canning, or otherwise preparing agricultural products for sale or distribution. (Ord. 458 §1(part), 1984).

“Agricultural products” means natural products from the practice of agriculture.

(Ord. 458 §1(part), 1984).

“Alley” means a public or private way not more than thirty feet in width affording only secondary means of access to abutting property.

(Ord. 458 §1(part), 1984).

“Applicant” means any person who files an application for a permit, variance or change in zoning pursuant to the provisions of this chapter.

(Ord. 458 §1(part), 1984).

“Appurtenant” means a necessary and/or legal accompaniment to a building or use on the same lot or premises. (Ord. 458 §1 (part), 1984).

“Block” means an area of land that is bounded by and contiguous to rights-of-way and/or other natural boundaries. (Ord. 458 §1(part), 1984).

“Boardinghouse” means a dwelling other than a. hotel or motel where lodging and meals for six or more persons are provided for compensation. “Boardinghouse” includes “roominghouse.” (Ord. 458 §1(part), 1984).

“Breezeway” means a roof structure open on at least two sides attached to and connecting portions of a main building, or a portion of a main building and accessory building. (Ord. 458 § 1(part) , 1984).

“Buildable area” means the usable portion of a lot remaining after required yards (setbacks) and easements have been provided.

(Ord. 458 §1(part), 1984).

“Building” means any structure having a permanent foundation and roof or other covering supported by columns or walls and designed or used for the shelter or enclosure of any person, animal or property of any kind, or for use by commercial, industrial or other enterprises.

(Ord. 458 §1(part), 1984).

“Main building” means a building in which is conducted the principal use of the lot upon which it is situated. (Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

“Accessory structure” means a subordinate, building, the use of which is incidental and accessory to a principal use on the same lot.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

“Building complex” means any group of two or more detached buildings under one ownership on the same or adjoining lots.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

“Carport” means a structure designed and constructed to cover a parking space, having no more than two permanent walls and being attached to or standing apart from a main building.

(Ord. 458 §1(part), 1984).

“Club” means any building or premises used for regular or periodic meetings of a group of persons organized for a nonprofit purpose, exclusive of groups organized to render a service customarily carried on as a business. (Ord. 458 §1(part), 1984).

“Combining district” means a district within which certain regulations and requirements may apply in addition to, or in lieu of, regulations and requirements of another zoning district to which the combining district has been attached. (Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

“Commercial recreation center” means a business or group of businesses featuring one or more types of indoor amusement and diversionary activities for compensation. Examples are billiard rooms, theaters, bowling alleys, skating rinks, arcades featuring video games, pinball machines, shooting galleries, carnival rides and similar devices. (Ord. 458 §1(part), 1984).

“Condominium” means a dwelling unit within a condominium project in Section 783 of the Civil Code of the state or a community apartment project as defined in Section 11004 of the Business and Professions Code of the state. “Condominium” includes “townhouse.”

(Ord. 458 §1(part), 1984).

“Convalescent home” means any institution, place, building or agency which maintains and operates organized facilities for convalescence, including care and treatment of chronic illness, without providing general hospital medical care.

(Ord. 458 §1(part), 1984).

“Cottage Food Operation” means an enterprise that has not more than the amount in gross annual sales (per Sec. 7. Section 113758 of the Health and Safety Code), is operated by a cottage food operator, and has not more than one fulltime equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. (Ord. 807-2013 §2(part), 2013).

“Cottage unit” means a single-family dwelling not exceeding six hundred forty square feet in floor area. (Ord. 458 §1(part), 1984).

“Development Standards” means a set of defining parameters to be followed in site or building development within the various zoning districts related to lot size, setbacks, lot coverage, parking, height, separation and aesthetic considerations to insure the best improvements are designed, implemented or constructed at a project location. (Ord. 813-2015 § 1, 2015)

“District” means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain other regulations are applicable, all as set forth and specified in this title. (Ord. 458 §1(part), 1984).

“Driveway” means access from a street to a parking area or garage. (Ord. 458 §1(part), 1984).

“Duplex” means a two-family dwelling.

(Ord. 458 §1(part), 1984).

“Dwelling” means a building designed or used for residential occupancy.

(Ord. 458 §1(part), 1984).

“Group dwelling” means two or more unattached buildings containing dwelling units. (Ord. 458 §1(part), 1984).

“Multiple-family dwelling” means a dwelling designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, dormitories, roominghouses, boardinghouses, row houses, townhouses and similar housing types, but not including hotels, motels, hospitals, or institutional residences.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

A “primary dwelling” means an existing unit or a parcel used as living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation, including mobile homes as permitted by the city regulations.

(Ord. 458 §1(part), 1984).

A “second dwelling” means a detached or attached dwelling unit which provides complete independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking and sanitation on the same parcel with a primary unit, not including tents or recreational vehicles. A second dwelling unit also includes efficiency units and manufactured homes.

(Ord. 720, 2003: Ord. 458 §1(part), 1984).

“Single-family dwelling” means a detached dwelling unit, including a mobile home permitted to be and permanently installed on a foundation, designed for and occupied by one family only. (Ord. 458 §1(part), 1984).

“Two-family dwelling” means a detached dwelling containing two separate dwelling units under one roof designed for occupancy by two families living independently of one another.

(Ord. 458 §1(part), 1984).

“Dwelling unit” means one room or several rooms connected together, constituting separate, independent housekeeping quarters containing independent cooking and sleeping facilities separated from any other rooms or dwelling units which may be in the same dwelling.

(Ord. 458 §1(part), 1984).

“Easement” means a space on a lot or parcel of land and so indicated on a subdivision map or, in a deed restriction, reserved for and/or used for public utilities and/or public uses.

(Ord. 458 §1(part), 1984).

A separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities. (Ord. 720, 2003).

“Family” means an individual or a group of two or more persons who jointly occupy and have equal access to all areas of the dwelling unit and who function together as an integrated household unit. (Ord. 797 §2, 2011: Ord. 458 §1(part), 1984).

“Family care facility” means 24 hour residential care for six or fewer individuals who require any form of institutional care or supervision within the meaning of the Community Care Facilities Act (Health and Safety Code Section 1500 et seq.) where institutional residence includes such uses as rest homes, foster homes, orphanages, residential facilities for the blind, handicapped and mentally ill, maternity homes and homes for juvenile court commitments. Facilities which do not fall under these categories or provide services to more than six individuals, excluding members of the resident family or persons employed as facility staff shall be deemed residential care facilities.

(Ord. 807-2013 §2(part), 2013).

“Family child care home” means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

1. “Small family day care home” means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 of the State of California Health and Safety Code and as defined in regulations.

2. “Large family day care home” means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 of the State of California Health and Safety Code and as defined in regulations.

(Ord. 807-2013 §2(part), 2013: Ord. 569 §1, 1990).

“Feed yard” means a confined area wherein a large number of pigs, cattle or other livestock are kept with limited space per animal, to prepare such animals for market, where sixty percent or more of the feed for such animals is imported. “Feed yard” includes “feed lot.”

(Ord. 458 §1(part), 1984).

“Fence” means a wall or barrier made of wire, wood, metal, masonry or other materials for the purpose of enclosing space or separating parcels of land.

(Ord. 458 §1(part), 1984).

“Flea market” means an outdoor market or sale featuring temporary individual stalls or concessions setup for the purpose of selling used items such as clothing, furniture and merchandise. “Flea market” includes “swap meets.” (Ord. 458 §1(part), 1984).

“Floor area” means total gross area on all floors of main buildings as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways and open porches. (Ord. 458 §1(part), 1984).

“Foster home” means a home licensed for the care of indigent or homeless children. (Ord. 458 §1(part), 1984).

“Garage” means an accessory building or portion of a main building, enclosed on three or more sides, designed and/or used for the shelter or storage of vehicles.

(Ord. 458 §1(part), 1984).

“Commercial garage” means a building, other than a private garage, used for the parking, repair, or servicing of motor vehicles.

(Ord. 458 §1(part), 1984).

“Grade” means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk. (Ord. 458 §1(part), 1984).

“Guesthouse” means a detached accessory building intended for occupancy by guests without compensation of any kind as a condition of occupancy and used as sleeping quarters only, without cooking facilities. No mobile home or rental house shall be construed as a guesthouse.

(Ord. 458 § 1(part), 1984).

“Guest ranch” means a farm or ranch where members of the public may stay for compensation which is intended primarily to allow guests to experience a rural life style.

(Ord. 458 § 1(part), 1984).

“Height” means the vertical distance from the highest point on a structure, excepting any chimney, flagpole, or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

(Ord. 458 § 1(part), 1984).

“Highway” means any street designated and maintained as part of the state of California Highway system. (Ord. 458 § 1(part), 1984).

The following criteria shall be used in designating structures or sites as “historically significant:”

• A. The structure or site is identified with the lives of historic people or with important events of the city;

• B. The structure of site is particularly representative of an architectural style or way of life important to the city;

• C. The structure or site is an example of a type of building which was once common, but is now rare;

• D. The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship.

(Ord. 712-2002, § II (part))

“Home occupation” is an accessory use of a dwelling consisting of a business or gainful employment conducted within the dwelling by the inhabitants of the dwelling pursuant to the provisions of Chapter 17.44. (Ord. 458 § 1(part), 1984).

“Hospital or sanitarium” means any institution, place, building, or clinic which maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence for overnight stay or longer. (Ord. 458 § 1(part), 1984).

“Hotel” means a building containing six or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, primarily for the accommodation of transient guests. “Hotel” is not a motel or dormitory.

(Ord. 458 § 1(part), 1984).

“Kennel” means any lot, building, structure, enclosure or premises wherein boarding and care services are provided for dogs, cats or similar small animals for more than five days in any calendar year. Typical uses include pet clinics, veterinary hospitals, boarding kennels and dog training facilities.

(Ord. 458 § 1(part), 1984).

“Landscaping” means the improvement of any real property through the use of shrubs, hedges, trees, grass or other plants, decorative or functional fences, railings, statues, curbs, and similar structures to enhance the appearance of the property, reduce soil erosion, or provide screening for light and sound. (Ord. 458 § 1(part) , 1984) .

“Loading area” means that portion of a rear yard in any commercial or industrial district which is used for the moving, loading or handling of equipment or materials being moved to or from the use occupying the lot. (Ord. 458 § 1(part), 1984).

“Lot” means a parcel of land used or capable of being used under the regulations of this chapter and capable of being sold without the filing of any additional subdivision or parcel map, lawfully created as such in accordance with the subdivision laws and ordinances in effect at the time of its creation.

(Ord. 458 § 1(part), 1984).

“Corner lot” means a lot located and being at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. The shortest such street frontage shall constitute the front of a rectangular lot for purposes of determining front, side and rear yards.

(Ord. 491 (part), 1986; Ord. 458 § 1(part), 1984).

“Key lot” means an interior lot having a side line which is the rear lot line of an adjoining corner lot. (Ord. 458 § 1, 1984).

“Substandard lot” means a lot of record which does not comply with the current applicable requirements for minimum area, width, depth, and access requirement of the district in which it is located, but which complied with the applicable requirements when it was placed on record.

(Ord. 458 § 1(part), 1984).

“Lot area” means the total horizontal area included within lot lines of a parcel of land.

(Ord. 527 § 1 (part), 1988; Ord. 458 § 1 (part) , 1984).

“Lot coverage” means the amount of lot area occupied by primary and accessory buildings and all paved areas including sidewalks, walkways, and parking pads.

(Ord. 825-2017 § 1, 2017; Ord. 527 § 1 (part), 1988; Ord. 458 § 1 (part) , 1984).

“Lot line” means a line marking the boundary of a lot.

(Ord. 458 § 1 (part) , 1984).

“Front lot line” means a line dividing a lot from any street or highway right-of-way. (Ord. 458 § 1 (part), 1984).

“Rear lot line” means any lot line which is not a front lot line and not a side lot line. (Ord. 458 § 1 (part), 1984).

“Side lot line” means a lot line other than a front lot line which meets the end of a front lot line or meets the end of any other lot line which is within thirty degrees of being parallel to such a front lot line. (Ord. 458 § 1 (part), 1984).

“Lot width” means the distance between side lot lines, as measured at the front setback line. For a corner lot, “lot width” means the average lot dimension perpendicular to the longest street frontage. (Ord. 527 § 1 (part), 1988; Ord. 458 § 1(part), 1984).

“Major recreational equipment” includes, but is not limited to, motorcoaches, travel trailers in excess of eight feet in length, three-quarter ton pickup trucks with campers, boats propelled by sails, inboard or outboard motors in excess of eight feet in length, and any other vehicles for use on land or water which is self-contained and exceeds thirteen feet in length and eight feet in height. One-ton or smaller customized vans are not considered major recreational equipment under this title.

(Ord. 458 § 1(part), 1984).

“Manufactured home” means prefabricated, kit, or modular or other manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq). Manufactured home does not include a recreational vehicle or commercial coach.

(Ord. 822-2016 § 6 (part), 2016; Ord. 671, 1997).

“Minor recreational equipment” includes, but is not limited to, one-ton customized vans, one-half ton pickups with campers, boats less than thirteen feet in length, off-road vehicles less than thirteen feet in length and eight feet in height.

(Ord. 458 §1(part), 1984).

“Mobile food vendor” includes any motorized or non-motorized enclosed, partially enclosed, or enclosed vehicle, trailer, cooking unit, and/or grill, operated by any person, firm, representative, partner, associate, or employee who drives, operates, vends, prepares, processes, wraps and distributes foods and beverages which are “ready-to-eat/drink” or “prepared/cooked on-site” which are sold, or offered for sale, directly to any consumer excepting therefrom any food delivery vehicle delivering products ordered by home delivery customers.

(Ord. 806-2012 §2, 2012).

“Mobile home” means a housing structure transportable in one or more sections, designed and equipped to be used with or without a foundation system, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.). Mobile Home does not include a recreational vehicle or commercial coach.

(Ord 671, 1997: Ord. 458 § 1(part), 1984).

“Mobile home park” means an area or tract of land where two or more spaces are rented or leased or held out for rent or lease to accommodate mobile homes.

(Ord. 458 §1(part), 1984).

A low profile freestanding sign erected with its base on the ground and designed to incorporate design and building materials which complement the architectural theme(s) on the site. Content of monument signs shall be organized in a clear and cohesive manner, avoiding individual commercial signs of varying color, size and font. The base of a monument sign shall not be counted as sign area.

(Ord. 773, 2007: Ord. 741, 2004)

“Motel” means a building or group of buildings containing sleeping or dwelling units independently accessible from the outside where overnight lodging is offered to the public for compensation, primarily for the accommodation of automobile travelers.

(Ord. 458 §1(part), 1984).

“Nonconforming structure” means a structure or portion thereof lawfully existing at the time the ordinance codified in this title became effective and which was designed, erected, or structurally altered for a use which does not conform to the use of the district in which it is located or which does not comply with all the height and area regulations of the district in which it is located.

(Ord. 458 §1(part), 1984).

“Nonconforming use” means a use of a structure or land existing at the time of the adoption of the ordinance codified in this title which does not conform to the regulations for the district in which it is located, as set forth in this title.

(Ord. 458 § 1(part), 1984).

“Owner” means the title-holder of record for a particular property or premises. (Ord. 458 § l(part), 1984).

“Parcel of land” means a geographical area enclosed within a boundary which can be physically determined on the ground.

(Ord. 458 § 1 (part) , 1984).

“Parking lot” means a permanently surfaced area either within a structure or in the open for the parking of motor vehicles either for a fee or free of charge, either publicly or privately owned. (Ord. 458 § 1(part), 1984).

“Parking space” means a permanently surfaced area for the parking of motor vehicles, excluding driveways or access drives.

(Ord. 458 § 1(part), 1984).

“Performance standards” means regulations for control of dangerous or objectionable elements” as defined in this title.

(Ord. 458 § (part), 1984).

“Porch” means a roofed approach to a doorway extending from the exterior wall of the structure, that has a floor, a roof, and structural supports but not permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material).

(Ord. 712-2002, § II(part)).

“Professional office” means offices, professional offices, studios and clinics as follows: Accountant, bookkeeper, income tax consultant, advertiser, appraiser, draftsman, attorney, architect, landscape architect, engineer, surveyor, credit agency, collection agency, finance company, stock and bond broker, correspondence or secretarial service, physician, dentist, chiropodist, chiropractor, psychologist, optometrist, social worker, insurance, real estate, title insurance, travel agency, offices of governmental, charitable, cultural, educational, recreational and social organizations and similar uses.

(Ord. 458 § 1(part), 1984).

“Public agency” means any taxing agency, government, district or municipality or subordinate division thereof.

(Ord. 458 § 1(part), 1984).

A. “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1. It contains independent living facilities (kitchen and bathroom.

2. It is built on a single chassis.

3. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

4. It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as it may be changed by the department’s regulations.

• B. “Recreational Vehicle” does not include trailer-mounted collapsible tents.

• (Ord. 577 §1, 1991).

“Residential care facility” means a building or structure designed, intended or used as a residence which provides medical or nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24 hour a day basis. A facility that provides this service to six or fewer individuals is a “family care facility” (see Section 17.04.0765).

(Ord. 807-2013 §2(part), 2013: Ord. 458 §1(part), 1984).

“Roadside stand” means a structure designed or used for the display or sale of agricultural products produced on the premises upon which a stand is located.

(Ord. 458 §1(part), 1984).

“Service station” means a retail business establishment supplying gasoline, oil and other minor accessories and services for automobiles.

(Ord. 458 §1(part), 1984).

“Setback” means the required distance between the. foundation of a building or required parking area and any lot line.

(Ord. 527 §1(part), 1988: Ord. 458 §1(part), 1984).

“Sign” means any structure upon which is displayed any letters, figures, design, symbol, trademark, statuary or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance,

article, machine, price, service -or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for outdoor advertising purposes.

(Ord. 458 §1(part), 1984).

“Electronic Changeable Copy Sign”, means a sign, any portion of which displays or has the ability to display electronically illuminated, scrolling or moving text, symbols or other images, utilizing LED, LCD or other digital or electronic technology, commonly known as electronic message or reader boards, electronic marquees, message centers or moving message displays.

(Ord. 800 §1, 2011).

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

Ord. 458 §1(part), 1984).

“Street” means a public or private thoroughfare which affords principal means of vehicular access to abutting property. “Street” includes avenue, place, way, boulevard, highway, road and any other thoroughfare traversable by motor vehicles except an alley.

(Ord. 458 §1(part), 1984).

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, beams or girders, columns, floor joists, ceiling joists or roof rafters. (Ord. 458 §1(part), 1984).

“Structure” means any constructed, erected, or placed material or combination of materials in or upon the ground including, but not by way of limitation, buildings, mobile homes, radio towers, sheds, signs and storage bins, and required parking areas, but excluding sidewalks, paving on streets, driveways, and open uncovered patios. (Ord. 458 §1(part), 1984).

“Trailer court” means land used for the temporary accommodation of two or more house trailers, travel trailers or recreational vehicles designed for human occupancy. (Ord. 458 §1(part), 1984).

“Public use” means a use operated exclusively by a governmental agency having the purpose of serving the public, including such uses as schools, parks, playgrounds, hospitals, and administrative and service facilities operated by such agencies.

(Ord. 458 §1(part), 1984).

“Quasipublic use” means a use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization having the purpose primarily of serving the general public, and including, but not limited to, such uses as churches, private schools, universities, community centers, recreational facilities, meeting halls and hospitals.

(Ord. 458 §1(part), 1984).

“Variance” is an exception to the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the zoning district or uses in an adjoining zoning district. (Ord. 458 §1(part), 1984).

“Yard” means the area between any lot line and the setback required therefrom. (Ord. 458 §(part), 1984).

“Front yard” is the area extending the full width of a lot, between the front lot line and the required setback therefrom.

(Ord. 608, 1992).

“Rear yard” means the area between a rear lot line and required setback therefrom. (Ord. 527 §1(part), 1988: Ord. 458 §1(part), 1984).

“Side yard” means the area between a side lot line and the required setback therefrom. (Ord. 527 §1 (part), 1988: Ord. 458 §1(part), 1984).

“Zone” means a zoning district.

(Ord. 458 §1(part), 1984).

“Beverage means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human consumption.

(Ord. 522 §1(part), 1987).

“Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic or other material, or any combination of these materials. “Beverage: container” does not include cups or other similar open or loosely sealed receptacles.

(Ord.522 §1(part), 1987)

Department” means the California” Department of -Conservation. (Ord. 522 §1(part), 1987).

“Consumer” means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. “Consumer” includes, but is no limited to, lodging, eating, or drinking establishment, and soft drink vending machines.

(Ord. 522 §1(part), 1987).

“Dealer” means every person in this state, other than a lodging, eating, or drinking establishment, or soft drink vending machine operator, who engages in the sale of beverages in beverage containers to consumers. (Ord. 522 §1 (part), 1987).

“Redemption value” means the minimum refundable value established ,for each type of beverage container pursuant to the California Beverage Container Recycling and Litter Reduction Act, specifically Section 14560. (Ord. 522 §1(part), 1987).

“Redemption bonus” means any amount paid by the department pursuant to the California Beverage- Container. Recycling and Litter Reduction Act for an empty beverage container in addition to the redemption value. (Ord. 522 §1(part), 1987).

“Recycle,” “recycled,” “recycling,” or “recyclable” means the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. “Recycle,” “recycled,” “recycling,” “or “recyclable” does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container. (Ord. 522 §1(part), 1987).

“Recycling center” means an operation which is certified by the department and which accepts from consumers, and pays or provides the redemption value and any applicable redemption bonus pursuant to the California Beverage Container Recycling and Litter Reduction Act, or empty beverage containers intended to be recycled. (Ord. 522 §1(part), 1987).

“Recycling location” means a place, mobile unit, reverse vending machine, or other device where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the redemption value and any applicable redemption bonus for one or more types of empty beverage containers. (Ord. 522 §1(part), 1987).

“Reverse vending machine” means a mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value and applicable redemption bonus, if any. The bonus payments may be aggregated over more than one container and then paid.

(Ord. 522 §1(part), 1987).

“Recyclable material” is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. (Ord. 522 §1(part), 1987).

A. Recycling Facility. A “recycling facility” is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California. Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include collection and/or processing facilities.

B. Collection Facility. A “collection facility” is a center for the, acceptance by donation, redemption, or purchase, of recyclable materials from the public. Collection facilities may include the following:

1. Reverse vending machine(s);

2. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: a. A mobile unit,

• b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than eighty

square feet,

• c. Kiosk type units which may include permanent structures,

• d. Unattended containers placed for the donation of recyclable materials;

3. Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.

C. Processing Facility. A “processing facility” is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of materials for efficient shipment, or to an end-user’s specifications, by means including baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

(Ord. 522 §1(part), 1987).

A “mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or. trailers, and used for the collection of recyclable materials. (Ord. 522 §1(part), 1987).

Uses providing goods and services which are:

• A. Sought by owners or occupants of-the-adjacent-residential area many times each year.

• B. Also provided in other locations-for the benefit of owners and occupants of residential areas which are not located within one-half mile of the proposed use.

(Ord. 590 §2, 1991).

Open space excludes required parking area, but may include stormwater detention ponds which are accessible for recreation purposes when not filled with water.

(Ord. 590 §2, 1991).

“Adult entertainment businesses” shall mean the following:

A. Adult bookstore. An establishment or business having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual materials to adults.

B. Adult; motion picture theater. An enclosed building with a capacity of two or more persons used predominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or the showing or advertising of X-rated films, for observation by patrons therein.

C. Artist’s body painting studio. An establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude.

D. Modeling studio. An establishment or business which provides and/or offers the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

E. Other adult businesses. Any other business or establishment which offers its patrons services or entertainment characterized by nude or seminude entertainment, and/or by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

• F. Specified sexual activities. “Specified sexual activities” shall mean:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse, or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

• G. Specified anatomical area. “Specified Anatomical Area” shall mean:

1. Less than completely or opaquely covered:

• a. Human genitals, pubic region,

• b. Buttocks,

• c. Female breast area below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 598 §4, 1991; Ord. 728, 2004).

“Apartment hotel” is a building designed for or containing both apartments and individual guestrooms or rental units, under resident supervision, and which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms and units.

(Ord. 797 §1(part), 2011).

“Emergency shelter” is a facility operated by a public or non-profit agency with minimal support services for homeless persons or disaster victims that is limited to occupancy of six months or less. (Ord. 797 §1(part), 2011).

“Farmworker (agricultural) housing” is a dwelling unit or dwelling units occupied by agricultural employees, as defined by California Labor Code Section 1140.4 and their dependents in compliance with the provisions of the Employee Housing Act.

(Ord. 797 §1(part), 2011).

“Supportive housing” is permanent, affordable housing linked to health, mental health, employment and/or other supportive services as defined in California Health and Safety Code Section 50675.14 (b), with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260, 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. (Ord. 797 §1(part), 2011).

“Transitional housing” buildings configured as rental housing developments as defined in California Health and Safety Code Section 50675.2 (h), 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 months.

(Ord. 797 §1(part), 2011).

A residential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both. (Ord. 797 §1(part), 2011).

Is a community apartment or condominium project that creates an undivided interest in land coupled with the right to exclusive occupancy of the apartment located therein, as defined by State law. (Ord. 797 §1(part), 2011).