Title 13 — ZONING

Source: library.municode.com (print export)

Title 13 - ZONING

CHAPTER 13.02. - GENERAL AND MISCELLANEOUS[[1]]

Footnotes:

--- ( 1 ) ---

State Law reference— Zoning, Government Code § 65800 et seq.

This title is adopted pursuant to Section 11 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code § 65000 et esq.), the California Environmental Quality Act (Public Resources Code § 21000 et seq.), and other applicable State laws. The purpose of this title is to promote the public health, safety and general welfare in the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.010), 4-16-2003)

This title is intended to achieve the following objectives:

(1)

To enhance and implement the General Plan;

(2)

To provide a guide for the growth and development of the City in accordance with the Government Code;

(3)

To secure for the citizens of Laguna Woods the social and economic advantages resulting from an orderly planned use of its land resources;

(4)

To encourage, classify, designate, and regulate the uses of land, buildings and structures to serve the needs of commerce, residences and other purposes in appropriate places;

(5)

To establish conditions which will allow all of these land uses to exist in harmony within the community;

(6)

To prevent the overcrowding of land, to avoid undue concentration of population and to maintain a suitable balance between structures and open spaces;

(7)

To lessen congestion on streets and to promote a safe, efficient traffic circulation system;

(8)

To ensure that adequate off-street parking and loading facilities will be installed and maintained;

(9)

To facilitate adequate provisions for community utilities, such as transportation, water, sewage, parks, and other public requirements;

(10)

To protect and enhance real property values;

(11)

To promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

(Ord. No. 03-03, § 5(18.10.015), 4-16-2003)

This title shall apply to all incorporated land within the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.020), 4-16-2003)

Whenever any provision of this title and any other provision of law, whether set forth in this title or in any other law or ordinance, impose overlapping or contradictory requirements, or certain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this title. In no case shall a resolution supersede or overrule an ordinance. However, a discretionary permit approved through the requirements of this Code may have more restrictive development standards than specified in the enabling ordinance. Where specifically allowed by the enabling ordinance, a discretionary permit may relieve certain development standards.

(Ord. No. 03-03, § 5(18.10.025), 4-16-2003)

Sec. 13.02.050. - Indeterminate applicability.

When the provisions of this title, or a specific plan text do not clearly define or designate a use within a specific category, when the nature or characteristics of a use are such that the use could be included within more than one definition, and when there is some uncertainty as to which regulations are applicable in a specific instance, the Director shall determine which regulations are applicable. Whenever reference is made to any regulations of this title, the reference applies to all amendments and additions now or hereafter made. Uses, structures, conditions, and situations that are not addressed in a specific plan text, but are addressed in this title, shall be governed by this title.

(Ord. No. 03-03, § 5(18.10.030), 4-16-2003)

Because not every possible land use can be identified in this title and because new land uses evolve over time, this section establishes the Director's authority to determine if unlisted uses shall be permitted outright, permitted with a use permit, or not permitted in a zoning district. In order to determine that a use is permitted outright or with a use permit, the Director shall make all of the following findings:

(1)

The proposed use is consistent with the goals and policies of the General Plan.

(2)

The proposed use is consistent with the purpose and intent of the district in which it is to be located.

(3)

The proposed use is similar to other uses that are permitted in the district in which it is to be located.

(4)

The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use.

(Ord. No. 03-03, § 5(18.10.035), 4-16-2003)

If a use, structure or activity regulated under the scope of this title, as set forth in this section, is not expressly permitted pursuant to provisions of this title, such use, structure or activity is prohibited.

(Ord. No. 03-03, § 5(18.10.040), 4-16-2003)

This title is not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties, except that where this title imposes a greater restriction or higher standard than that required by such agreement, this title shall control.

(Ord. No. 03-03, § 5(18.10.045), 4-16-2003)

If any portion of this title is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The City Council of Laguna Woods hereby declares that it would have enacted this title and each portion thereof irrespective of the fact that any one or more portions be declared invalid or ineffective.

(Ord. No. 03-03, § 5(18.10.050), 4-16-2003)

Sec. 13.02.100. - Conformity with the comprehensive Zoning Code required.

Except as otherwise allowed by the nonconforming uses section of this Code, or as authorized by variance, no uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity with this title.

(Ord. No. 03-03, § 5(18.10.055), 4-16-2003)

Sec. 13.02.110. - Validity.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Code. The issuance of a permit shall not prevent the Director from thereafter requiring the correction of violations of this title or of any other ordinance of the City of Laguna Woods.

(Ord. No. 03-03, § 5(18.10.060), 4-16-2003)

Sec. 13.02.120. - Road right-of-way.

Dedicated public street right-of-way areas shall not be subject to the land use regulations of the Zoning Code. Within private street areas and streets offered for dedication to the public, but not accepted, the Zoning Code applies in its entirety.

(Ord. No. 03-03, § 5(18.10.065), 4-16-2003)

Sec. 13.02.130. - Land owned by or leased to the City.

Land owned in fee by the City of Laguna Woods or land leased to the City of Laguna Woods shall be subject to the land use regulations of the Zoning Code or any specific plan adopted under this title.

(Ord. No. 03-03, § 5(18.10.070), 4-16-2003)

Sec. 13.02.140. - Prior agreements and approvals.

The following describes the effect of the provisions of this title on development agreements, building permits, and approved vesting maps existing at the time of the enabling ordinance:

(1)

Development agreements. Notwithstanding any provision of this title, any development agreement that is valid as of the effective date of this title shall remain in full force and effect until expiration or amendment of

said agreement. Permitted land uses, development standards, and other zoning provisions referred to in such a development agreement shall supersede the provisions of this title.

(2)

Building permits. Any development project approved prior to the effective date of this title for which a building permit has been issued within 180 days after the effective date of this title may be constructed in accordance with the zoning regulations in effect at the time of its approval, provided all other regulations are satisfied. Any project for which a building permit has not been issued within 180 days after the effective date of the ordinance from which this title is derived shall comply with this title.

(3)

Approved vesting maps. Any vesting tentative tract or parcel map which was approved pursuant to earlier ordinances of the City which is now inconsistent with this title may be continued and completed in accordance with provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time thereof and provided it complies with all other ordinances and laws in effect at the time of its approval.

(Ord. No. 03-03, § 5(18.10.075), 4-16-2003)

Sec. 13.02.150. - General Plan density and intensity.

Notwithstanding any provision of this title, the limitations on density, unit counts, square footages, floor are ratios, and other similar measures established in the General Plan shall constitute the upper limit of development intensity for all land in the City

(Ord. No. 03-03, § 5(18.10.080), 4-16-2003)

Sec. 13.02.160. - Enforcement provisions.

The purpose of these provisions is to ensure compliance with this title. They shall apply to the enforcement of this title, but shall not be deemed to exclude other remedial measures. In addition to other penalties and procedures provided by law, upon a finding of any City official vested with the authority to enforce various provisions of this title that a violation exists, he may issue an administrative citation pursuant to the provisions outlined for administrative citations contained within the City of Laguna Woods Municipal Code.

(1)

Duty to enforce.

a.

Director. It shall be the duty of the Director or the appropriate City Inspector to enforce the provisions of this title pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure including inspections and final inspections.

b.

Health Officer. It shall be the duty of the Health Officer of Orange County, or his/her designated agent(s), to enforce the provisions of this title pertaining to the use and maintenance of a property, structures, and buildings so far as matters of health are concerned.

c.

Sheriff. It shall be the duty of the Sheriff of Orange County, or his/her deputies, and of all Officers of the County otherwise charged with the enforcement of the law, to enforce this title.

d.

Other (Code Enforcement). All other Officials, employees, agencies and departments of the City of Laguna Woods vested with the authority to issue permits, certificates, or licenses shall comply with this title and shall issue no permits, certificates, or licenses in conflict with this title. The issuance of a permit that is in conflict with the applicable zoning code shall not constitute a waiver of the provisions of that applicable Zoning Code.

(2)

Inspection to ensure compliance. Whenever they shall have cause to suspect a violation of any provision of this title; or whenever necessary to investigate either an application for granting, extension or modification, or in action to suspend or revoke a discretionary permit; or whenever necessary to investigate a proposed zone change, the Officials responsible for enforcement or administration of this title, or their designated agent(s), may after permission from the owner or occupant enter any building site, or building or structure thereon, for the purpose of investigation provided they shall do so in a lawful manner. If the owner and/or occupant refuses to grant the Officials permission to enter the premises, the Officials may obtain a search warrant for entrance onto the premises.

(3)

Violations of this title.

a.

Misdemeanor.

1.

All violations of this title committed by any person, whether as agent, employee, officer, principal, or otherwise, shall be a misdemeanor.

2.

Every person who knowingly provides false information on any type of zoning related application or map filed with the City shall be guilty of a misdemeanor.

3.

Every person who fails to stop work when so ordered by the Director because of an apparent violation of this title shall be guilty of a misdemeanor.

4.

Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear shall be guilty of a misdemeanor.

5.

A misdemeanor may be prosecuted by the City in the name of the people of the State of California, or may be redressed by civil action. Each violation is punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a term of not more than six months, or both such fine and imprisonment.

6.

Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person.

b.

Violation considered a public nuisance.

1.

Any building or structure erected, constructed, moved, altered or maintained and/or any use of property contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal, or neglect to obtain a permit as required by the terms of this title shall be prima facie evidence of the fact that a public nuisance has been committed.

2.

The City may commence an appropriate civil action to abate a public nuisance pursuant to Title 1, Sections 1.08.030 through 1.08.140.

c.

Injunction. This title may also be enforced by injunction issued by the Superior Court upon suit by the City of Laguna Woods.

d.

Fees to correct violation. Failure to pay fees and obtain applicable permit(s) shall be deemed a violation of this Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other of the penalties prescribed herein.

e.

Remedies. All of the foregoing remedies shall be cumulative and not exclusive, except when otherwise provided.

(Ord. No. 03-03, § 5(18.40.100), 4-16-2003)

State Law reference— Penalty for ordinance violation, Government Code § 36900 et seq.

(a)

Uses lawfully established. This section is subject to Government Code § 65852.25. Uses that were lawfully established but are now nonconforming with existing zoning regulations may be continued. However, except per Subsection (c) below, the use may not be increased and the structures or land area related to the nonconforming use may not be expanded in size. Repairs or improvements to structures related to nonconforming uses shall be regulated by Subsection (b) below. If a nonconforming use is discontinued for a period of one year, future use of said land shall be in conformity with all existing zoning regulations. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, "restriction" being defined as the numerical parking requirement for the intended use.

(b)

Structures lawfully established. Structures that were lawfully established but are not nonconforming with existing site development standards may be continued.

(1)

Repairs or improvements. Repairs or improvements done in a period of 12 months not exceeding 50 percent of the value of the structure, as determined by the Director, shall be permitted.

(2)

Destroyed structures. If a structure is destroyed by fire, flood, explosion, act of God or public enemy to the extent of more than 50 percent of the value thereof, as determined by the Director, then the said structure and use and occupancy thereof shall be subject to all existing zoning regulations.

(3)

Additions or enlargements. A nonconforming structure that conforms to use but which does not conform to the development standards, may be added to or enlarged only to the extent that such addition or enlargement fully complies with the existing development standards.

(4)

Determination of value. In making his determination of the value of the structure as provided herein, the Director may utilize any appropriate data available including, but not limited to, recent comparable sales information and County Assessor assessments to the extent that these, in his opinion, a reflective of true market value.

(c)

Exceptions. Exceptions to the regulations in Subsections (a) and (b) above may be granted with a use permit approved by the Planning Commission.

(Ord. No. 03-03, § 5(18.40.200), 4-16-2003)

(a)

Certificate required. No vacant land in any zone established under the provisions of this title shall hereafter be occupied or used, except for agricultural uses other than livestock farming, poultry or small animal raising or dairying, and no building hereafter erected, structurally altered or moved in any such zone shall be occupied or used until a certificate of use and occupancy shall have been issued by the Director.

(b)

Application for building. Application for a certificate of use and occupancy for a new building or for an existing building that as been altered or moved shall be made in compliance with the provisions of the Building Code as adopted by the City Council.

(c)

Application for use. Written application for a certificate of use and occupancy for the use of vacant land or for a change in the character of the use of land, as herein provided shall be made before any such land shall be so occupied or used, except for agricultural purposes other than livestock farming, poultry or small animal raising or dairying.

(d)

Administration. No certificate of use and occupancy shall be issued until a finding has been made that the building or proposed use of building or land complies with all applicable zoning regulations and with the conditions and requirements of any applicable discretionary permit. A record of all certificates of use and occupancy shall be kept on file permanently in the office of the Director, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(e)

Filing fee. A filing fee to defray the cost of processing applications for certificate of use and occupancy shall be paid in accordance with the fee schedule currently in effect as adopted by resolution of the City Council.

(Ord. No. 03-03, § 5(18.40.300), 4-16-2003)

CHAPTER 13.04. - ESTABLISHMENT OF ZONING DISTRICTS

Sec. 13.04.010. - Scope of the Zoning Code and adoption of Zoning District Map.

This chapter includes Zoning Maps, general provisions, special regulations and a set of general district regulations limiting and controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structure, the areas and dimensions of sites; the size, height and location of signs; the installation and maintenance of screening and landscaping; and the control of vehicular

access and the requirement of off-street parking and loading facilities. In addition, this chapter includes specific plan maps and texts adopted by ordinance.

(Ord. No. 03-03, § 5(18.10.205), 4-16-2003; Ord. No. 11-01, § 4(Exh. 1), 1-19-2011; Ord. No. 15-02, § 3(Exh. A), 8-19-2015)

Sec. 13.04.020. - Establishment of districts.

(a)

The incorporated territory of the City of Laguna Woods is hereby divided into zones or districts, as set forth in this title, as determined and defined by officially adopted zoning map. The zoning district map showing the classifications and boundaries of the districts shall, upon adoption in the manner required by the Planning and Zoning Law, be a part of this chapter. The following districts are established:

(b)

Map exhibit. The following map exhibit designates areas to which each of the zoning districts and overlay zoning districts established by this section are applied:

==> picture [384 x 497] intentionally omitted <==

(Ord. No. 03-03, § 5(18.10.210), 4-16-2003; Ord. No. 11-01, § 4(Exh. 1), 1-19-2011; Ord. No. 23-02, § 3(Exh. A), 8-16-2023; Ord. No. 24-06, § 3, 9-18-2024)

State Law reference— Zones authorized, Government Code § 65851.

Sec. 13.04.030. - Interpretation of boundaries.

Where uncertainty exists as to the boundaries of districts shown on an official Zoning District Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following the right-of-way lines of streets, highways, or alleys, shall be construed to follow such right-of-way lines, and in event of change in the right-of-way line shall be construed as moving with the right-of-way line;

(3)

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water, of flood control channels shall be construed to follow such centerlines;

(4)

Boundaries indicated as approximately following plotted lot lines shall be construed to follow such lot lines;

(5)

Boundaries indicated as parallel to or extensions of features indicated in the above subsections shall be so construed. Distances not specifically indicated on the official Zoning District Map shall be determined by the scale of the map;

(6)

Where a street or alley is vacated or abandoned the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned street or alley;

(7)

In case any further uncertainty exists, the Planning Commission shall determine the location of boundaries.

(Ord. No. 03-03, § 5(18.10.215), 4-16-2003; Ord. No. 11-01, § 4(Exh. 1), 1-19-2011)

CHAPTER 13.06. - DEFINITIONS

Sec. 13.06.010. - Definitions.

(a)

Purpose and applicability. The purpose of these provisions is to promote consistency and precision in the interpretation of the Zoning Code. The meaning and construction of words and phrases as set forth shall apply throughout this Code, except where the context of such words or phrases clearly indicates a different meaning or construction.

(b)

General rules for construction of language. The following general rules of construction shall apply to the textual provisions of Title 13, Zoning:

(05)

The specific shall supersede the general.

(10)

In the case of any difference of meaning or implication between the text of the provision and any caption or illustration, the text shall control.

(15)

"Shall" is mandatory. "May" is discretionary.

(20)

Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(25)

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items or provisions shall apply.

b.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

c.

"Either … or" indicates that the connected items or provisions shall apply but not in combination.

(30)

All public officials, bodies, and agencies to which reference is made are those of the City of Laguna Woods, unless otherwise indicated.

(c)

General terms. The following are general terms used throughout the Code:

(05)

City means the City of Laguna Woods including any special district or agency that may be governed by the City Council.

(10)

Days included within a specific time period do not include the day action was taken but include all subsequent days unless the last day falls upon a Saturday, Sunday, or upon a legal City holiday, in which case the next business day shall be the last day of the time period. Days are generally in calendar time, unless otherwise specified.

(11)

Days, business means any day excluding Saturday, Sunday, and State or Federal holidays.

(12)

For the purpose of this Title, the words City Manager shall refer to the City Manager of the City of Laguna Woods, or his or her designee.

(15)

Director or Community Development Director means the City Manager or designee.

(20)

Planning Commission means the members of the City Council, or that body as established in accordance with State law regulating Local Planning, acting in a capacity to carry out the purposes of this title in accordance with State Planning and Zoning Law.

(25)

General Plan means the City of Laguna Woods General Plan.

(30)

State means the State of California.

(35)

County means the County of Orange.

(40)

Zoning code or code means this title, including Zoning District maps and specific plan development maps and texts adopted pursuant to or as an amendment to sections governing such.

(d)

Specific terms. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(05)

Abandoned sign: A sign whose use has ceased or has been discontinued for a period of at least 90 consecutive days, or a sign identifying a business that has not occupied the premises for at least 90 consecutive days.

(10)

Abutting: Having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting.

(15)

Accessory building: A subordinate building located on a building site, the use of which is customarily ancillary to that of a main building or to the use of the land.

(17)

Accessory dwelling unit: An attached residential dwelling unit located within a proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure, or a residential dwelling unit detached from a proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, that provides complete independent living facilities for one or more persons including, at a minimum, permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as where a separate single-family dwelling or a multi-family dwelling is or will be situated. This definition also includes "efficiency units," as defined in California Health and Safety Code § 17958.1, and "manufactured homes," as defined in California Health and Safety Code § 18007.

(18)

Accessory structure: Shall have the same meaning as "accessory building" in Section 13.06.010(d)(15) of this Code.

(20)

Accessory use: A use ancillary to the principal use of the land or building site, or to a building or other structure located on the same building site as the accessory use.

(25)

Administrative/professional offices: A place of business for the rendering of service or general administration including medical and dental offices, but excluding retail sales.

(28)

Adult day program: Any community-based facility or program as defined in California Health and Safety Code Section 1502(a)(2), as amended from time to time or replaced with a successor statute.

(30)

Adult entertainment business: See Section 13.26.020.

(35)

Advertising device/display: Any contrivance, statue, or structure, other than a sign, used to attract attention or make anything known for the purpose of promoting (either directly or indirectly) the use of products or services of any person or business, including but not limited to a balloon, flag, pennant, propeller, or an oscillating, rotating, or pulsating light.

(38)

Agricultural employee housing: Shall mean any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, pursuant to California Health and Safety Code Section 17021.6. For the purpose of this Code, "agricultural employee housing" shall be regulated in a manner consistent with the Employee Housing Act (California Health and Safety Code Section 17000 et seq.) and shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use.

(40)

Alley: A public or private way not more than 20 feet wide permanently reserved as a secondary means of access to abutting property.

(45)

Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking.

(47)

Alternative vehicle: An electrical or gasoline powered vehicle, such as a golf cart, golf car, motorcycle or motor scooter, which does not exceed 55 inches in width and does not contain doors.

(50)

Animal clinic: A place where animals no larger than the largest breed of dogs are given medical and surgical treatment. A facility primarily for treatment of outpatients and where only critical patients are kept longer than 24 hours. No boarding of animals shall be permitted.

(55)

Antenna structure: An antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

(60)

Apartment: See "Dwelling, multiple-family."

(65)

Apiary: A facility and/or area dedicated to the maintenance of bees.

(70)

Archaeological/paleontological/historical site: Locations dedicated to the protection, rehabilitation, and restoration of districts, sites, buildings, structures, and artifacts significant in history, architecture, archaeology, or culture.

(72)

Archery: The practice of using a bow to discharge an arrow at a target within an established archery range for recreational purposes. This definition excludes the practice of archery for hunting, or discharge of an arrow in any manner intended or reasonably likely to intentionally harm or harass any person or animal, or to create any damage to persons or property.

(73)

Archery range: An indoor or outdoor area devoted to archery activities or education complying with all requirements of Subsection 13.26.220(c) of this Code.

(74)

Archery station: The physical location from which archery is conducted within an established archery range.

(75)

Area per unit: The area of a building site, in square feet, divided by the number of dwelling units on the building site.

(77)

Arrow: A projectile discharged from a bow consisting of a straight slender shaft that has a point or sharp head of stone, metal, feathers, or veins fastened near the butt, and a notch to be fitted to a bow string, and any other projectile of substantiality similar design. This definition includes arrows with bullet, field, or blunt arrow points and excludes arrows with broadhead, razor, and hunting arrow points.

(80)

Attached buildings and structures: Two or more buildings or structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features, or any other structure, fixture or device that exceeds 30 inches in height above the finished grade.

(85)

Automobile repair specialty shops: A retail and service place of business engaged primarily in light repair, and sale of goods and services for automotive vehicles including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paintwork, transmission and engine rebuilding are not included herein.

(90)

Automobile service station: 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 automotive vehicles and the fulfilling of motorists' needs.

(95)

Automobile/truck maintenance and repair: A place of business engaged primarily in heavy repair of automotives and trucks including, but not limited to, major body and paintwork and transmission and engine rebuilding.

(100)

Automobile wrecking, junk/salvage yards: The wrecking or taking apart of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts.

(105)

Banner sign: Any sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind.

(110)

Basement: A story partly underground and having more than one-half of its height above the ground level grade.

(115)

Bed and breakfast (B and B): Any building or portion thereof with access provided through a common entrance to less than six guestrooms having no cooking facilities and which are rented on a weekly basis or less. Meals may or may not be provided.

(120)

Bedroom: Any habitable room other than a kitchen, dining room or a living room.

(125)

Boardinghouse: Any building or portion thereof with access provided through a common entrance to guestrooms having no cooking facilities and which are rented on a monthly basis or longer. Meals may or may not be provided.

(127)

Bow: A device made of a strip of wood, metal, or other flexible material with a cord that connects two ends so as to hold the strip bent in an arc under tension, and used to propel an arrow on the string by notching the arrow on the string and drawing it back against the tension so that upon release it is propelled through the air. This definition excludes crossbows.

(130)

Building: A structure having a roof supported by columns or walls.

(135)

Building frontage: A building elevation which fronts along a parking lot or main access drive for a shopping center.

(140)

Building height: The apparent height of a building relative to the surrounding ground area.

(145)

Building line: An imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located. It may be a line shown as such on a map entitled "Precise Plan of Highway Alignment" or any other officially adopted precise plan, and any amendments thereto. If no such precise plan has been adopted, the building line shall be a line as specified in the development standards as stated for each zoning district. The building line shall be at the required distance from, and measured at right angles to, the ultimate right-of-way or property line.

(150)

Building site: A parcel or contiguous parcels of land that was established in compliance with the building site requirements of this Code.

(155)

Building site area, minimum: The net development area calculated by measuring the building site horizontally as a level plane and excluding rights-of-way or easements that prohibit the surface use of the site, except easements for open space purposes on single-family lots. The minimum building site area shall be undivided and relatively compact although the entire building site may be larger with diffuse parts.

(160)

Building site coverage, maximum: The relationship between the ground floor area of the building or buildings and the net area of the site. Said net area shall be computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements that prohibit the surface use of the site, except easements for open spaces purposes on single-family lots. Unenclosed post-supported roofs over patios and walkways and unenclosed post-supported eave overhangs shall not constitute buildings for the purpose of this definition.

(165)

Building site, panhandle or flag: A building site wherein the only vehicular access to the site is by way of a corridor or vehicular accessway which serves no other property, is less than 40 feet wide and is more than 40 feet long.

(170)

Building site, through: A building site having frontage on two parallel or approximately parallel streets.

(175)

Building size: The total gross floor, measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of new development and total expanded floor area of existing facilities.

(177)

Cannabis non-storefront retailer: Any cannabis business that requires a license other than a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency. A

cannabis storefront retailer shall not be considered a cannabis non-storefront retailer if it hold licenses other than a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, but only engages in activities permitted under a Type 10 (storefront retailer) license within the City of Laguna Woods.

(178)

Cannabis storefront retailer: Any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency.

(180)

Caretaker: A person who lives on the premises for the necessary purposes of managing, operating, maintaining, or guarding the primary use or uses permitted on the premises.

(185)

Carpool: Two to six persons traveling together in a single vehicle.

(190)

Carport: A roofed structure, or a portion of a building which is open on two or more sides, for the parking of automobiles belonging to occupants of the property.

(195)

Cellar: A portion of a building partly or wholly underground and having more than one-half of its height below the ground level grade. A cellar shall not be considered a building story.

(205)

Centerline: A line described by the first situation that applies in the following instances:

a.

A section line, half section line or quarter section line whenever a mapped highway is plotted on the "Master Plan of Arterial Highways" along a section, half section or quarter section line.

b.

A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," and any amendments thereto.

c.

A line shown as a centerline on a recorded tract map, an approved record of survey map or a parcel map.

d.

A line in the center of the ultimate street right-of-way.

(207)

Changeable copy sign: A sign duly approved by the City with copy that is intended to be replaced without any change to sign location or construction.

(208)

Cigarette: Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use for smoking or ingestion, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product; or, (3) any roll of tobacco wrapped in any substance containing tobacco. "Cigarette" also includes "roll-your-own" tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of "cigarette," loose leaf, 0.09 ounces or more of "roll-your-own" tobacco shall constitute one individual "cigarette." "Cigarette" also includes any "electronic smoking device," as that term is defined in Section 7.16.020(05) of this Code. "Cigarette" does not include any product specifically approved or recognized by the State of California for use in the mitigation, treatment, or prevention of disease.

(210)

Clinics, medical or dental: An establishment where human patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, or psychologists and where human patients are not housed overnight.

(215)

Club: An association of persons for some common purpose but not including groups organized primarily to render service that is customarily carried on as a business.

(220)

Collocation or collocated: The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

(225)

Commercial: Operated or conducted on a frequent basis for the purpose of financial gain.

(230)

Commercial coach: A vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.

(240)

Commercial mobile service: Any mobile service that:

a.

Is offered in return for monetary compensation,

b.

Is available to the public or a substantial portion of the public, and

c.

Provides subscribers with the ability to access or receive communication from the public switched telephone network.

(245)

Commercial mobile service: Includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications service (PCS).

(250)

Commercial recreation: 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.

(255)

Community apartment projects: A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.

(260)

Community care facility: Any facility which may or may not require a State license to provide nonmedical residential care or day care for six or less children, adults, or both, including physically handicapped and mentally incompetent persons. This includes child day care facilities/day care nurseries and family day care homes.

(262)

Community garden/garden center: A non-commercial site used for the growing and cultivation of fruits, vegetables, plants, fibers, herbs, and flowers for primarily personal, family, or neighborhood use, or for sale or distribution at a nearby farmer's market or similar event.

(265)

Condominium: An estate consisting of an undivided interest in common in a parcel of real property together 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.

(270)

Congregate care facility: A facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the 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 a facility may be located in more than one building and on contiguous parcels within the building site. It includes facilities offering occupancy on a monthly basis or longer such as hotels, resorts, etc. which have similar characteristics.

(280)

Convalescent home: A facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronically ill 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. Also known as nursing home, convalescent hospital, rest home, or home for the aged.

(285)

Conversion project: An apartment house, multiple or group dwelling existing, under construction or for which building permits have been issued, which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development; or an existing mobile home park which is proposed to be converted to a mobile home condominium project, a mobile home stock cooperative project, a mobile home planned development or a conventional mobile home subdivision.

(290)

Coordinated antenna program (CAP): A coordinated program to preapprove multiple locations for proposed and potential future facilities.

(295)

Country club: Premises and property that include facilities for outdoor sports, social activities, etc. that may include such activities associated with golf, equestrian riding, tennis, etc. whereby membership is usually private and use of the premises is limited to members and their guests.

(297)

Crossbow: A device having a short bow mounted crosswise near the end of a stock and that is often provided with a mechanical device by which the string is drawn back and fixed and being usually shot from the shoulder by means of a trigger that releases the string and discharges a projectile lying in a groove in the stock.

(300)

Day care nursery: Any facility operated by a person, corporation or association used primarily for the provision of nonmedical daytime care, training, or education of more than six children under 18 years of age at any location other than their normal place of residence, excluding any children normally residing on the premises.

(310)

Detached buildings and structures: Two or more buildings or structures that are each structurally independent and freestanding and not connected by walls, roofs, floors, decks, supports, trellises, architectural features or any other structure, fixture or device that exceeds 30 inches in height above the finished grade.

(315)

Drive-in: Designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle.

(320)

Driveway: A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

(325)

Driveway approach: A designated area between the curb or traveled way of a street and the street right-ofway 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.

(328)

Drug Store: A retail establishment typically offering over-the-counter medications, cosmetics, toiletries, magazines, light refreshments, and other similar products that also includes a pharmacy regulated under California Pharmacy Law, which operates for at least 32 regularly scheduled hours per calendar week. Flu shots, vaccines, smoking cessation, and other prophylactic wellness services may also be provided. Treatment of sick or injured persons is excluded from this definition (see Clinics, Medical or Dental; Hospitals).

(330)

Dry cleaning, dyeing and laundry plant: A central processing facility for cleaning of clothing and fabrics collected from and returned to patrons and to dry cleaning and laundry agencies.

(335)

Duplex: A permanent building containing two dwelling units.

(340)

Dwelling, multiple-family: Two or more dwelling units on the same building site.

(345)

Dwelling, single-family: One dwelling unit per building site.

(350)

Dwelling unit: One or more rooms in a structure including a kitchen of any size, designed for occupancy by one family for living and sleeping purposes, and including a mobile home when such mobile home bears an insignia of approval issued by the California Department of Housing and Community Development or a housing seal number from the Federal Department of Housing and Urban Development (HUD).

(353)

Easel sign: A temporary sign with an upright tripod construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure.

(355)

Easement: 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 said land.

(360)

Educational Institutions: Private or public elementary or secondary schools, colleges or universities qualified to give general academic instruction, as well as business, trade, or technical schools.

(365)

Reserved.

(370)

Electronic message board sign: A sign with a fixed or changing display composed of a series of lights. (Does not include time and temperature displays.)

(375)

Emergency shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(380)

Employee: Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency, or other entity. The term "employee" shall include persons employed on a full-time, part-time, or temporary basis.

(383)

Employee housing: Shall mean any employee housing providing accommodations for six or fewer employees, pursuant to California Health and Safety Code Section 17021.5. For the purpose of this Code, "employee housing" shall be regulated in a manner consistent with the Employee Housing Act (California Health and Safety Code Section 17000 et seq.) and shall not be deemed as being within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling.

(385)

Employee's quarters: Quarters for the housing of agricultural or domestic employees when such quarters are located upon the same land occupied by their employer.

(390)

Enclosed: Contained on all sides by walls that are pierced only by windows, vents, or customary entrances and exits.

(395)

Family: One or more persons occupying one dwelling unit. The term "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club, or motel.

(400)

Family day care home: A home at which the resident of the home provides regular nonmedical care, protection, and supervision of one to 14 children for periods of less than 24 hours per day. The provider shall be licensed per the State Health and Safety Code unless specifically exempted therein.

(405)

Family day care home, large: A family day care home which provides family day care to seven to 14 children, including children who reside at the home.

(410)

Fast/Fast Casual Food Establishment: A retail establishment whose principal business is the sale of preprepared, "take-out," or rapidly prepared food and beverages directly to customers in a ready-to-consume state for consumption either at the establishment or off-premises. Food and beverages are primarily ordered by customers at a counter or from vehicles at a window. The licensed on-site provision of alcoholic beverages for consumption on the premises is also included in this definition when accessory to the food service.

(415)

Fixed wireless service: Any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

(420)

Floor area, gross: The total horizontal floor area of all floors of a building, including the exterior walls thereof, measured in square feet; excepting that elevator shafts; parking facilities; rooms containing only mechanical, electrical, and/or plumbing equipment used for service of the building; spaces that are unenclosed on one or more sides and unoccupied (e.g., balconies, courtyards, patios, and walkways); stairways; trash enclosures; and vent shafts, shall not be included when calculating off-street parking requirements.

(425)

Floor area ratio (FAR): Numerical value obtained by dividing the gross floor area of all buildings located on a building site by the building site area.

(430)

Freestanding temporary sign: A temporary sign of A-frame or sandwich board construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure. Easel signs are not considered freestanding temporary signs.

(435)

Garage: A building, or a portion of a building, used primarily for the parking of four-wheeled motor vehicles.

(440)

Garage/yard/estate sale: For the purpose of this title, the words "garage/yard/estate sale" shall refer to sale activities not associated with regular commercial or retail operations, and where the general public may purchase identifiable or tangible personal property. No purchased or consigned merchandise may be offered for sale. No goods may be placed in the public right-of-way or on private streets and sidewalks. Also included in the definition are patio sales, rummage sales, attic sales, moving sale, temporary bazaars, and any other similar activities for the purpose of selling, trading or otherwise disposing of personal goods.

(445)

Grade, ground level: The average elevation, determined by averaging the elevations of four or more points as necessary, at the building site boundary line where it is less than five feet from the building or at five feet outside the perimeter of the bearing or foundation line of a building.

(450)

Grazing: The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock.

(455)

Ground mounted: A wireless communication facility that is mounted to a pole, lattice tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

(460)

Guesthouse: A detached building having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling and their nonpaying guests.

(465)

Habitable room: 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."

(470)

Helistop: A takeoff and landing area for helicopters often on the roof of the building.

(475)

Home occupation: See Section 13.26.120.

(480)

Homeless person: An individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

(485)

Hospital: 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.

(490)

Hotel: Any building or portion thereof with access provided through a common entrance, lobby or hallway to six or more guestrooms which are rented on a weekly basis or less and which have cooking facilities in less than 25 percent of the guest rooms.

(495)

Information center: A building or portion thereof used to provide information about events, public transit, or tourist attractions to the general public.

(498)

Junior accessory dwelling unit: unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(500)

Kennel: Any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for any purpose, except veterinary clinics and hospitals, and except property for which an animal permit has been issued.

(505)

Lattice tower: A tower-like structure used to support antennae and comprised of three or more steel support legs.

(510)

Legal nonconforming sign: A sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all standards and

regulations of the ordinance.

(515)

Lot: Any area 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. A lot is not necessarily a building site.

(520)

Lot frontage: The length of the front lot line measured at the street right-of-way line. For flag lots, that portion of a lot, not including the pole portion that is generally parallel to the access street.

(523)

Low barrier navigation center: Shall have the same meaning as the term is defined in the California

Government Code, as amended from time to time or replaced with a successor statute. As of the date this definition was adopted, the definition of "low barrier navigation center" was set forth in California Government Code Section 65660.

(525)

Main building: The building containing the main or principal use of the premises, or occupied for the purpose of operating or administering the main or principal use.

(530)

Reserved.

(535)

Major tenant: Any tenant in a multi-tenant commercial center which either occupies 30 percent or more of the leased square footage of the center or has five or more locations in the region, state, or nation.

(540)

Master Plan of Arterial Highways: A component of the transportation element of the Orange County General Plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the County of Orange.

(545)

Microwave communication: The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3GHz to 300GHz frequency spectrum).

(550)

Ministorage facility: A building or buildings containing various size storage compartments not exceeding 500 square feet each, and 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. The facility may have an on-site caretaker dwelling unit as an accessory use.

(555)

Reserved.

(560)

Mixed-use development: Appropriate land uses include, but are not limited to, residential, commercial, office, industrial park, civic, cultural, educational facilities, and child care facilities.

(565)

Mobile home: A structure transportable in one or more sections, designed to be used with or without a permanent foundation system. Mobile home does not include recreational vehicle, commercial coach, noncommercial coach or factory-built housing. A mobile home is also a trailer coach designed to be used without a permanent foundation and which is in excess of 40 feet in length.

(570)

Mobile home development: Any area or tract of land used to accommodate mobile homes for human habitation, and includes mobile home accommodation structures. Includes mobile home parks and mobile home subdivisions.

(575)

Mobile service: Any service providing radio communication to or from at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USC 153 and interpreted by the Code of Federal Regulations and the Federal Register.

(580)

Motel: A building or group of buildings containing six or more guest rooms rented on a weekly basis or less and which have cooking facilities in less than 25 percent of the guestrooms.

(585)

Mounted: Any manner of attachment, support, or connection, whether on ground or on a structure.

(590)

Multipoint distribution service: A microwave communication service that delivers video programming directly to subscribers, including multichannel, multipoint distribution services, instructional television fixed service, and local multi-point distribution services, or as otherwise defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission.

(595)

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

(600)

Nonconforming use/structure/site, legal: A use/structure/site that was lawfully established in compliance with the zoning regulations that were applicable to the property at the time the use/structure/site was established, but which does not presently comply with the existing regulations of the zoning district within which it is located.

(605)

Open space: Any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resource, for the protection of valuable environmental features, or for providing outdoor recreation or education. For purposes of measuring the amount of open space, it does not include public/private road right-of-way areas, driveway and parking areas not related to recreational uses, any buildings, building setback areas, or the required space between buildings, and the surface utility facilities. Open space may include structures and impervious surfaces as identified in "open space, usable."

(610)

Open space, usable: Open space without any slopes in excess of 20 percent. Such open space may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, and greenbelts with walkways or bicycle trails.

(615)

Parking accessway: 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.

(620)

Parking structure: An area or structure that is open or closed and is used for the hourly or day-to-day parking of motor vehicles.

(625)

Planned (unit) development: A subdivision of separately owned lots, parcels or areas, other than a community apartment, a condominium, or a stock cooperative project, having either or both of the following features:

a.

Lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas.

b.

Power to enforce any obligation in connection with membership in the owners association or any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interest in, either the separately or commonly owned lots, parcels or areas.

(630)

Pole sign: A freestanding sign directly supported by a pole or poles with air space between the grade level and the sign face.

(635)

Portable sign: Any vehicle or trailer which is parked or used as a stationary display on public or private property and has attached thereto, or located thereon, any sign or advertising device/display for the basic purpose of providing advertisement or directing people to a business or activity located on the same or nearby property or any other premises. This definition is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business.

(640)

Precise plan of highway alignment: A plan, supplementary to the Master Plan of Arterial Highways, which establishes the highway centerline, the ultimate right-of-way lines and may establish building setback lines.

(645)

Private special event: A privately held "special event," sponsored by a community homeowners association on association property for association members.

(650)

Project net area: All of the land area included within a plan for a development project excepting those areas designated for public and private road rights-of-way, schools, parks, and other uses or easements that preclude the use of the land therein as part of the development project.

(660)

Public safety area: A strip of land 20 feet in width adjacent to and parallel with a street right-of-way.

(665)

Radio communication: The transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves.

(675)

Recreational vehicle: A motor home, travel trailer, truck or van camper, tent trailer, camping trailer or trailerborne recreation equipment with or without motive power, for recreational, travel or emergency purposes.

(680)

Recycling center: A facility that accepts delivery or transfer of ownership of source-separated materials for the purpose of recycling or diversion from disposal. Included are "drop-off" recycling centers, where no fee is paid, such as churches or other charitable groups, or "buy-back" centers, like those at supermarkets, where a fee is usually paid to the generator for the materials. These facilities do not require a State permit.

(685)

Regulatory permit: A special regulations permit required for a land use that may be appropriate within a particular zoning district, but not compatible with other permitted uses in the district, or where additional development or performance standards are required.

(690)

Restaurant: A retail establishment whose principal business is the preparation and sale of "made-to-order" food and beverages directly to customers in a ready-to-consume state for consumption either at the establishment or off-premises. Food and beverages are primarily ordered by customers while seated at tables or counters. The licensed on-site provision of alcoholic beverages for consumption on the premises is also included in this definition when accessory to the food service. Retail establishments at which food and beverages may be ordered by customers from vehicles at a window shall be considered a fast/fast casual food establishment.

(695)

Retail: The selling of goods, wares or merchandise directly to the ultimate consumer.

(700)

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

(705)

Right-of-way (row): 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.

(710)

Roof mounted: A facility that is mounted in any manner that does not satisfy either the definition of wall mounted or utility mounted and is typically mounted on the roof of a building.

(715)

Roof sign: A sign erected upon or above the roof of a building or above a parapet wall. Signs on mansards shall be considered roof signs.

(725)

Scenic highway: Any highway designated a scenic highway by the City of Laguna Woods, County, State or Federal Government.

(730)

Senior citizen: A person 55 years of age or older.

(735)

Senior citizen housing: A residential development consisting of at least 35 dwelling units which is developed for, or substantially rehabilitated or renovated for, senior citizens.

(740)

Service: An act, or any result of useful labor, which does not, in itself, produce a tangible commodity.

(745)

Setback area/distance: The area/distance between the building line and the property line or, when abutting a street, the ultimate right-of-way line.

(750)

Shopping center: A group of industrial, office, or commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site. A center shall consist of two or more tenants on one development site.

(753)

Sign: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame, and background thereof.

(755)

Sign program: A comprehensive sign plan that identifies location, size, design, and color of signs within a shopping center or for another property in order to achieve aesthetically appealing and compatible signage.

(760)

Single room occupancy (SRO): A building with a common entrance containing a cluster of at least five rental units which provide sleeping and living facilities for one or two persons where kitchen and/or bathroom facilities may be shared. The units shall have a minimum of 100 net square feet of space for a single occupancy and 120 square feet for two-person occupancy. The calculation for net floor space in the sleeping area includes built-in cabinets, sinks, and closets, but excludes toilet compartments. A unit larger than 225 square feet shall be deemed an efficiency dwelling unit and not a single room occupancy (SRO).

(770)

Stealth facility: Any wireless communication facility which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure.

(775)

Stock cooperatives: 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 share or

shares of stock or membership certificate in the corporation held by the person having such right of occupancy.

(780)

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

(785)

Street, multifamily: A driveway, easement, accessway or other private vehicular right-of-way to serve a unified multi-lot/multifamily project for which a discretionary permit has been approved and where residential setback, other than provided for specifically in this Title, are not required.

(790)

Structure: That which is erected or constructed having a fixed location and is more than 30 inches above the finished grade. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. A mobile home, 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.

(793)

Supportive housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. For the purpose of this definition, "target population" shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5, commencing with Section 4500, of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(795)

Swimming pool: An artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women, or children.

(800)

Temporary fencing: A temporary fence is defined as a fence erected for a limited and defined period of time, not to exceed a maximum of two years with temporary use permit, except as approved by a conditional use permit.

(805)

Temporary use: For the purpose of this chapter, the words "temporary use" shall refer to a use that is established for a specified period of time and that is discontinued at the end of such specified time.

(815)

Transfer/materials recovery facility: A permitted nondisposal solid waste facility that accepts solid wastes, temporarily stores, separates, converts, or otherwise processes more than five percent of the solid wastes received, and transfers the residual materials to a solid waste disposal, or transformation facility.

(820)

Transfer station: A permitted nondisposal solid waste facility that transfers solid waste directly from smaller to larger vehicles for transport to materials recovery facilities, landfills, or transformation facilities.

(825)

Transformation facility: A permitted facility that performs incineration, pyrolysis, distillation, gasification or biological conversion, other than composting, for recovery of energy from solid waste.

(830)

Transitional housing: Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

(835)

Ultimate right-of-way: The right-of-way shown as ultimate on an adopted precise plan of highway alignment, or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded PC development plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the rightof-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way, in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.

(840)

Use: The purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

(845)

Utility mounted: A facility that is mounted to an aboveground structure that is specifically designed and installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the City to be similar in nature.

(850)

Vanpool: Seven or more persons traveling together in a single vehicle.

(855)

Vehicular accessway: A private, nonexclusive vehicular easement affording access to abutting properties.

(860)

Vehicle/vessel sales/rentals: An open area used for the display, sale, and/or rental of new or used automobiles and water vessels.

(865)

Wall mounted: A facility that is mounted on any vertical surface of a building that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the "antenna structure" is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

(870)

Wall sign: A sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs and/or advertising displays in or on windows are not considered wall signs.

(875)

Window sign, permanent: Any sign exposed to public view that is permanently affixed to the interior or exterior surface of a window and only identifies the name of the business, hours of operation, and/or address for which the sign is displayed.

(880)

Window sign, temporary: Any sign temporarily attached, painted, posted, or displayed flush against a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. A banner sign on the exterior of a window shall not be considered a temporary window sign. For the purpose of this chapter's sign regulations, the term "window" shall also include vehicle bays with full doors that are closed when not in use.

(885)

Wing wall: An architectural feature in excess of six feet in height that is a continuation of a building wall projecting beyond the exterior walls of a building.

(890)

Wireless communications facility or facility: An antenna structure and any appurtenant facilities or equipment located within City limits and that is used in connection with the provision of wireless service.

(895)

Wireless video service: Any service providing radio communication that delivers video programming.

(900)

Worksite: A building or group of buildings which are developed as a single project, and which serves as the place of employment, base of operation, or predominate location of an employee or group of employees.

(Ord. No. 03-03, § 5(18.10.300—370), 4-16-2003; Ord. No. 03-06, 10-15-2003; Ord. No. 08-01, § 4, 9-172008; Ord. No. 09-07, § 1, 9-16-2009; Ord. No. 11-01, § 4(Exh. 2), 1-19-2011; Ord. No. 11-02, § 3, 1-192011; Ord. No. 11-04, §§ 1, 2, 3-16-2011; Ord. No. 11-07, §§ 1—3, 12-7-2011; Ord. No. 14-01, § 2, 4-162014; Ord. No. 14-02, §§ 1, 2, 12-17-2014; Ord. No. 15-02, § 1, 8-19-2015; Ord. No. 16-05, §§ 2—7, 1221-2016; Ord. No. 17-03, 3(Exh. A), 4-19-2017; Ord. No. 17-10, § 3(Exh. A), 11-15-2017; Ord. No. 18-05, § 3(Exh. A), 3-21-2018; Ord. No. 19-02, § 3(Exh. A), 4-17-2019; Ord. No. 20-01, § 3, 8-19-2020; Ord. No. 2301, § 3(Exh. A), 8-16-2023; Ord. No. 23-03, § 3(Exh. A), 11-15-2023; Ord. No. 25-01, § 3(Exh. A), 3-192025)