Chapter 17.39 — AMENDMENTS TO ZONING MAP AND TEXT

This chapter provides procedures by which changes may be made to the text of this zoning ordinance and to the zoning map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures in this chapter shall apply to all proposals to change the text of this zoning ordinance or to revise a zoning district classification or zoning district boundary line shown on the zoning map.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An amendment to the text of the zoning ordinance or to the zoning map may be initiated by any qualified applicant identified in Section 17.31.020, Application Forms and Fees, or a motion of the city council or planning commission.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.39.040 - Application requirements.

A.

Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

Coordination with Other Applications. The planning division may allow any necessary applications for amendments to the general plan or for approval under the requirements of this zoning ordinance or Title 16, Subdivisions, of the Newark Municipal Code to be processed simultaneously with the proposed zoning amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 17.39.080, Criteria for Zoning Amendments, for

approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All zoning amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 17.31, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the Newark Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.39.060 - Planning commission hearing and recommendation.

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 17.31, Common Procedures.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed zoning amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in Section 17.39.080, and the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the city council in the form of a council memo, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold a duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the matter under consideration is a proposal to reclassify a property from one zone to another and the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, modify or deny the proposed amendment. If the council proposes any substantial modification not previously considered by the planning commission during its hearings, the proposed modification shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The planning commission shall not recommend and the city council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:

A.

The amendment is consistent with the general plan;

B.

Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district; and

C.

The amendment will promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.40 - DEVELOPMENT AGREEMENTS

This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in state law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A development agreement may be considered for a complex or multi-phase development projects that will require a developer to make a substantial investment at the early stages of the project for planning and

engineering for the entire project and for public facilities and services. In order to be considered for a development agreement, a project shall be consistent with the general plan and any applicable specific plan unless the applicant has submitted an application for any necessary amendments to the general plan or specific plan.

A.

Property Subject to Annexation. An applicant whose property is located within the city's sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement.

1.

The agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period of time specified by the agreement.

2.

If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.40.030 - Authority and duties.

A.

The director shall negotiate the specific components and provisions of the development agreement on behalf of the city for planning commission review and recommendation to the city council.

B.

The city council shall have the exclusive authority to approve a development agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An applicant for a development project may request that the city review the application as a development agreement application in accordance with the following procedures. The city incorporates by reference the provisions of Government Code Sections 65864—65869.5. In the event of any conflict between these statutory provisions and this section, this section shall control.

A.

Application Requirements. An applicant shall submit an application for a development agreement on a form prescribed by the director, accompanied by the required fees. The director shall identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary to process the application. In addition to any other information that the director requires, each application for a development agreement shall be

accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the contents required in Subsection B below.

B.

Contents of Development Agreements.

1.

Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

2.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

3.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions, but does not eliminate the applicant's responsibility to obtain all required land use approvals.

4.

Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the city with respect to the project, including those conditions, restrictions and mitigation measures proposed in any final environmental impact report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

5.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

6.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

7.

Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the city harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

8.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.40.050 - Planning commission review and recommendation.

A.

Planning Commission Hearing. The planning commission shall provide notice and conduct a public hearing in conformance with the provisions of Chapter 17.31, Common Procedures.

B.

Recommendation to City Council. Within thirty days after the public hearing has been closed by the planning commission, it shall render its decision in the form of a written recommendation to the city council. Its report and recommendation, including proposed findings on the matters stated in Section 17.40.060.B, Findings, shall be forwarded to the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.40.060 - City council review and decision.

A.

City Council Hearing. Within forty-five days after receipt of the written recommendation of the planning commission, the city clerk shall set the matter for public hearing before the city council. A public hearing shall be held within a reasonable time after receipt of the planning commission recommendation but no later than the time specified by Section 65943 of the Government Code.

B.

Findings. The city council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the general plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed general plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement.

C.

Decision. After the city council completes the public hearing, the city council shall approve, modify, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Within ten days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the director shall review each approved development agreement.

A.

Finding of Compliance. If the director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement no action is required.

B.

Finding of Noncompliance. If the director finds the applicant has not complied with the provisions of the development agreement, the director may issue a finding of noncompliance which may be recorded by the city with the county recorder after it becomes final. The director shall specify in writing to the applicant the respects in which the applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or modification pursuant to this chapter.

C.

Appeal of Determination. Within ten days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the city council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the city council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the director and the expiration of the appeal period without appeal, or the confirmation by the city council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Mutual Agreement. Any development agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section.

Director Approval. Any amendment to a development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design or improvement or construction standards and specifications may be made by the director without noticed public hearing. A development agreement may also specify procedures for additional administrative approval of minor amendments by mutual consent of the applicant and director.

2.

City Council Approval. Except as provided in Paragraph 17.40.090.A.1, Director Approval, the procedure for proposing and adopting an amendment to, or the cancellation in whole or in part, of a development agreement, shall be the same as the procedure for entering into a development agreement in the first instance.

B.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the director may refer the development agreement to the city council for termination or modification. The city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than thirty days in advance of public notice of the city council hearing to consider an amendment or cancellation. After the public hearing, the city council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the city clerk shall record notice of such action with the county recorder.

D.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the city's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city rules, regulations, and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable city ordinances or regulations pertaining to persons contracting with the city.

B.

Future Rules and Regulations. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the city from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

C.

State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Any judicial review of the initial approval by the city of a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Any judicial review of any city action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. The use of the phrase "substantial evidence" in this chapter with respect to the quantum of proof necessary in conjunction with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.

B.

Any action or proceeding to attack, review, set aside, void or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the date of decision.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.41 - ENFORCEMENT AND ABATEMENT PROCEDURES

This chapter establishes the responsibilities of various departments, officials, and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any permit granted under the zoning ordinance may be revoked in accordance with the provisions in Section 17.31.150, Revocation of Permits, if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any deed of conveyance, sale or contract to sell made contrary to the provision of this title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated, and upon the grantor, vendor or person contracting to sell or his assignee, heir or devisee.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.41.050 - Nuisance defined.

A.

Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

B.

Any use, event, structure or building, whether nonconforming or otherwise, which meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: disturbances of the peace, illegal drug activity including sales or possession thereof; public drunkenness, drinking in public, harassment of passers-by, gambling, prostitution, public vandalism, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, curfew violations, lewd conduct or police detention, citations or arrests or any other activity declared by the city to be a public nuisance; violation of any provision of this chapter or any other city, state or federal regulation, ordinance or statute.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this title or failing to comply with a mandatory requirement of this title shall be guilty of an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.16, General Penalty, of the Newark Municipal Code. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punished accordingly.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A.

Ordering the cessation of the use in whole or in part;

B.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;

C.

Requiring continued compliance with any conditions so imposed;

D.

Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Initiation. Proceedings under this section to terminate, modify or condition (hereinafter abate or if context requires, abatement) any use, structure or building may be initiated by resolution of the planning commission or the city council on its own accord or following recommendation by the director. In either case, the resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. In the case of proceedings initiated by the council, the resolution shall refer the matter for a public hearing before the commission. A resolution initiating abatement proceedings may be adopted without a public hearing.

B.

Notice. Upon initiation of abatement proceedings, the director shall give notice of a public hearing before the commission pursuant to the provisions in Chapter 17.31, Common Procedures. In addition, within the prescribed time period, the director shall also mail the notice of the hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the planning division for such notice.

C.

Public Hearing. The planning commission shall conduct a duly-noticed public hearing and shall provide for testimony by city staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

D.

Action. The planning commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.

E.

Decision and Notice. After the commission takes abatement action to modify a permit, the director shall issue a notice of action describing the commission's action, with its findings. The director shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the planning division, and shall file a copy of the notice of action with the city clerk. The clerk shall present said copy to the council at its next regular meeting.

F.

Effective date; Appeal to Council. A decision to abate a nuisance shall become effective immediately after the date of decision unless appealed to the council within fifteen days. If the council finds, after a dulynoticed public hearing, that the use, structure or building constitutes a nuisance, it may impose any remedy provided for in this chapter. If the council finds that the use, structure or building is not a nuisance, it shall reverse the decision of the commission.

G.

City Attorney Action. The city attorney shall, upon order of the city council, or on his or her own motion, immediately commence action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such

courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

If compliance is not had with an order of the director or the building official to correct violations of this title within the time specified therein, the city manager may file in the Office of the Alameda County Recorder, a certified statement describing the property and certifying that:

1.

The property and/or structure is in violation of this title; and

2.

The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

B.

Whenever the corrections ordered have been completed, the director shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.42 - RESERVED Chapter 17.43 - RESERVED Chapter 17.44 - RESERVED DIVISION V. - TERMS AND DEFINITIONS Chapter 17.45 - USE CLASSIFICATIONS

Residential housing types:

Single-unit dwelling, detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides. This classification includes individual manufactured housing units.

Single-unit dwelling, attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to one or more dwellings on abutting lots. An attached single-unit dwelling is sometimes called a "townhouse" or a "condominium".

Two-unit dwelling. A residential building containing two dwelling units, both of which are located on a single parcel (also referred to as a "duplex" or "two-flat".) The dwelling units are attached and may be located on separate floors or side-by-side.

Multi-unit development. Three or more attached or detached dwelling units on a single lot. Types of multiunit development include townhouses, multiple detached residential units, and apartment buildings.

Accessory dwelling unit. An accessory dwelling unit (ADU), as described in California Government Code Section 66313 or as amended, is accessory to a primary dwelling on the same lot and has complete independent living facilities for one more persons. The types of ADU include a conversion ADU, attached ADU, and detached ADU, as described in NMC Section 17.26.040(B)(1). A junior accessory dwelling unit (JADU), as described in California Government Code Section 66313 or as amended, is an accessory dwelling unit that is no more than five hundred square feet in floor area and contained entirely within the walls of an existing or proposed single-unit dwelling.

Caretaker unit. A dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by employees and their immediate families employed for the purpose of on-site management, maintenance, or upkeep. Also business guests/employees on temporary assignment are allowed to reside in the unit.

Family day care. A day care facility licensed by the State of California, located in a residential unit where resident of the dwelling provides care and supervision for children under the age of eighteen for periods of less than twenty-four hours a day.

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of ten.

Large. A facility that provides care for seven to fourteen children, including children who reside at the home and are under the age of ten.

Group residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (thirty days or more) but excludes hotels, motels, and residential care facilities.

lities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (thirty days or more) but excludes hotels, motels, and residential care facilities.

Residential care facilities. A facility licensed by the State of California to provide living accommodations, twenty-four-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes those both for and not-for-profit institutions, but excludes supportive housing and transitional housing.

Small. A facility that is licensed by the State of California to provide care for six or fewer persons.

Large. A facility that is licensed by the State of California to provide care for more than six persons.

Residential facility, assisted living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living

facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance.

Single room occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one or two-person households for a weekly or monthly period of time. This use classification is distinct from a hotel or motel, which is a commercial use.

Supportive housing. Dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that are 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, where possible, work in the community.

Transitional housing. Transitional housing is housing that has a predetermined end point in time, and operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length is usually no less than six months.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 563, § 5, 2-12-2026)

17.45.020 - Public/semi public uses.

Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

Colleges and trade schools. Institutions of higher education providing curricula of a general, religious, or professional nature, granting degrees and including junior colleges, business and computer schools,

management training, technical and trade schools, however excluding personal instructional services such as music lessons.

Community assembly. A facility for public or private meetings, including community centers, union halls, meeting halls, and other membership organizations. Included in this classification is the use of functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage.

Community garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households but not including on-site sales.

Cultural Institutions. An institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers for performances and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens, all of which are public or private. This does not include schools or institutions of higher education providing curricula of a general nature.

Day care centers. Establishments providing non-medical care for persons on a less than twenty-four-hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

Government offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see public utilities).

Hospital and clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see animal care, sales, and services).

ding medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see animal care, sales, and services).

Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the State of California to provide surgical and medical services.

Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment.

This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.

Skilled nursing facility. A State-licensed facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides twenty-four-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.

Instructional services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction.

Park and recreation facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are non-commercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.

Parking lots and structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.

Public safety facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.

Social service facilities. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than twenty-four-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see day care facility), clinics, and emergency shelters providing twenty-four-hour care (see emergency shelter).

Tutoring facilities. Facilities offering academic instruction to individuals or to groups in a classroom setting where an adult accompanies a minor. Facilities where minors are not accompanied by adults are classified as day care centers.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Adult business. An establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products,

merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual

activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable state law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.

Animal care, sales, and services. Retail sales and services related to the boarding, grooming, and care of household pets including:

Animal sales and grooming. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.

Boarding/kennels. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining dogs, cats, or other household pets not owned by the kennel owner or operator. Typical uses include pet clinics, pet day care, and animal shelters, but exclude pet shops and animal hospitals that provide twenty-four-hour accommodation of animals receiving medical or grooming service.

Veterinary services. Veterinary services for small animals. This classification allows twenty-four-hour accommodation of animals receiving medical services but does not include kennels.

Artist's studio. Work space for an artist or artisan including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. This use is distinguished by incidental retail sales of items produced on the premises and does not include live-work units.

Automobile/vehicle sales and services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles including the following:

Automobile rentals. Establishment providing for the rental of automobiles. Typical uses include car rental agencies.

Automobile/vehicle sales and leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies

Automobile/vehicle repair, major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.

Automobile/vehicle service and repair, minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory

use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

Large vehicle and equipment sales, service and rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. Sales of new or used automobiles or trucks are excluded from this classification.

Service and gas stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. This classification includes "mini-marts" and/or conveniences stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles where such sale is by means other than vending machines.

Towing and impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see salvage and wrecking).

Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

Banks and financial institutions:

Banks and credit unions. Financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions, but excluding check cashing businesses.

Check-cashing businesses. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check cashing businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.

Banquet hall. A facility accommodating gatherings, assembly, entertainment, and related support facilities (e.g., kitchens, offices, etc.) for special events or occasions.

Business services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photofinishing, model building, taxi or delivery services with two or fewer fleet vehicles on-site.

Commercial entertainment and recreation. Provision of participant or spectator entertainment to the general public. These classifications may include restaurants, snack bars, and other incidental food and beverage

services to patrons.

Cinema/theaters. Any facility for the indoor display of films and motion pictures on single or multiple screens. This classification may include incidental food and beverage service to patrons as well as auditoriums within buildings.

Indoor sports and recreation. Establishments providing predominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building, including coin-operated electronic amusement centers. Typical uses include bowling alleys, billiard parlors, card rooms, health clubs, ice and roller skating rinks, indoor racquetball courts, athletic clubs, and physical fitness centers.

Outdoor entertainment. Predominantly spectator uses, conducted in open or partially enclosed or screened facilities. Typical uses include amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.

Outdoor recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, archery ranges, and riding stables.

Drive-through facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, service stations, or car-wash operations.

rive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, service stations, or car-wash operations.

Eating and drinking establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/night clubs/lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This use includes microbreweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages.

Restaurant, full service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Take-out service may also be provided.

Restaurant, limited service. Establishments where food and beverages are consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, food halls, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products as well as bakery product plants. It excludes catering services that do not sell food or beverages for on-site consumption.

Restaurant, take-out only. Restaurants where food and beverages are prepared on a customer-demand basis and can be taken out or delivered, but are not consumed on the premises. No seating or other facilities for on-premises dining are provided.

Farmer's markets. Temporary but recurring outdoor retail sales of food, plants, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.

Food preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, retail bakeries, and small-scale specialty food production.

Funeral parlors and interment services. An establishment primarily engaged in the provision of services, involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

Hookah lounge. Any business which primarily serves tobacco or non-tobacco products (e.g., fruit, vegetables) whereby patrons, who are eighteen years of age or older, share the tobacco or non-tobacco products from a hookah, water pipe, or similar device.

Live-work units. A unit that combines a work space and an integrated dwelling unit. It is occupied by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in

compliance with the building regulations. The working space is reserved for and regularly used by one or more occupants of the unit.

Lodging. Any establishment providing overnight accommodations to transient patrons for payment. This classification includes establishments that offer accommodations for periods of less than thirty consecutive days.

Hotels. An establishment providing overnight lodging to transient patrons where rooms open only to the interior of the building. Hotels may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public.

Motels. An establishment providing overnight lodging to transient patrons designed primarily for motorists, typically with parking directly outside of room doors. Rooms may open to the exterior of the building. Motels may provide recreation facilities available to guests but generally do not provide conference and meeting rooms, restaurants, or bars.

Maintenance and repair services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles (see automotive/vehicle sales and services) and personal apparel (see general personal services).

Mobile vendor. A self-contained truck or trailer or non-motorized push cart that is readily movable without disassembling, and is used to sell merchandise, prepare and serve food and beverages, or provide other services.

Nurseries and garden center. Any establishment(s) primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.

Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see banks and financial institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics or independent research laboratory facilities (see research and development) and hospitals.

ancial institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics or independent research laboratory facilities (see research and development) and hospitals.

Business, professional, and technology. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see offices, walk-in clientele).

Medical and dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal-treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.

Walk-in clientele. Offices providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see banks and financial institutions).

Personal services:

General personal services. An establishment providing non-medical services to individuals as a primary use, of personal convenience, as opposed to products that are sold to individual consumers, or from/by companies. Personal services include barber and beauty shops, shoe and luggage repair, photographers, laundry and cleaning services and pick-up stations, copying, repair and fitting of clothes, and similar services.

Fortune, palm, and card reader. An establishment providing any type of fortune telling, palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade, donation, or compensation, retail or otherwise.

Massage establishments. Any establishment having a fixed place or business where any person engages in or carries on or permits to be engaged in or carried on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.

Tattoo or body modification parlor. An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Retail sales:

Building materials sales and services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include construction and material yards, hardware stores less than one thousand square feet in floor area or plant nurseries.

Convenience markets. Establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, convenience markets, and drugstores.

Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, liquor stores, and retail bakeries.

Gold, semi-precious, precious metal buying stores. Any establishment that buys, sells, ships, melts or changes/modifies gold, semi-precious or precious metals from consumers or other merchants.

General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with twenty-five thousand square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware stores (with ten thousand square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

Pawn store. A business that receives goods in pledge as security for a loan.

Secondhand store. Any establishment whose business includes buying, selling, trading, selling on consignment, or auctioning secondhand tangible personal property. Tangible personal property shall be defined as stated in the California Business and Professions Code. Acceptance of donated material and goods are not allowed.

Tobacco retailer. Any establishment that either devotes twenty percent or more of floor area or display area to, or derives seventy-five percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia, including, but not limited to, cigarettes, cigars, tobacco, electronic cigarettes, hookah supplies, or other smoke related accessories and supplies.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.45.040 - Industrial uses.

Construction and material yards. Storage of construction materials or equipment on a site other than a construction site.

Custom manufacturing. Any establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle-making shops, woodworking, and custom jewelry manufacturers.

Donation center/station. A facility where materials and goods donated, accepted for sale on consignment or auction, or otherwise dropped off. Includes sorting and distribution of goods and materials.

Food and beverage manufacturing. Establishments engaged in the production, processing, packaging or manufacturing of food or beverage products for off-site consumption.

Small scale. A small scale food and beverage products manufacturing may include wholesale or retail sales. It is characterized by local or regional products, specialty or artisanal foods, in facilities less than five thousand square feet. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, meat or fish processing, and wholesale bakeries.

Large scale. A large scale food and beverage manufacturing is characterized by a national or international distribution network, and the production of mass-produced products in a facility over five thousand square feet.

General industrial. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations, such as biomass energy conversion, commercial advertising manufacturing, electrical appliance and explosive manufacturing, film/food and beverage processing, production apparel manufacturing, photographic processing plants, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, medical/pharmaceutical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing, fabricated metal product manufacturing, and automotive and heavy equipment manufacturing, and textile mill products.

Light industrial. Establishments engaged in providing or offering light industrial activities that take place primarily within enclosed buildings and produce minimal impacts on nearby properties. This classification includes manufacturing finished parts or products primarily from previously prepared materials; microbreweries where retail sales are clearly incidental and no alcoholic beverages are consumed on site; wineries; commercial laundries and dry cleaning plants; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.

Research and development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products

from parts produced off site, where the manufacturing activity is secondary to the research and development activities, in addition to involving the production of experimental products.

Salvage and wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

Warehousing and storage. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.

Chemical, mineral, and explosives storage. Storage of hazardous materials including but not limited to: pressurized gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.

Indoor warehousing and storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials including but not limited to automobiles, feed, and lumber. Also includes cold storage, freight moving and storage, and warehouses. This classification excludes the storage of hazardous chemical, mineral, and explosive materials.

Outdoor storage. Storage of commercial goods in open lots.

Personal storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Wholesaling and distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see building materials sales and services).

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Airports and heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the state for the safety of aircraft operations.

Communication facilities. Facilities for the provision of broadcasting and other information-relay services through the use of electronic and telephonic mechanisms.

Facilities within buildings. Includes radio, television or recording studios, and telephone switching centers.

Telecommunication. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures.

Freight/trucking terminals. Facilities for freight, courier, and postal services. This classification does not include local messenger and local delivery services (see light fleet-based services).

Light fleet-based services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.

Public works and utilities. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Recycling facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.

Reverse vending machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.

Recycling collection facility. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable or reusable materials but where the processing and sorting of such items is not conducted on-site.

Recycling processing facility. A facility that receives, sorts, stores and/or processes recyclable materials.

Transportation passenger terminals. Facilities for passenger transportation operations, including rail stations, bus terminals and pick-up areas, and scenic and sightseeing facilities, but does not include terminals serving airports or heliports.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.46 - DEFINITIONS

17.46.010 - A.

Abutting or adjoining. Having a common boundary.

Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory building. See Building, accessory.

Accessory structure. See Structure, accessory.

Accessory use. See Use, accessory.

Acre, gross. A measure of total land area of a lot or site, including areas to be dedicated for public rightsof-way, streets, schools, or other dedications.

Acre, net. A measure of land area of a lot or site remaining after dedication of all areas for public rights-ofway, streets, schools, or other dedications.

Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

Agent. A person who has been given written authorization by the property owner to represent and act for a property owner in contacts with the city.

Aggrieved person. Any person who, in person or through a representative, appeared at a city public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.

Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Area, gross. The horizontal area within the boundaries of a lot or site including any area for future streets, parks, and other dedications.

Architectural feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Arterial street. A street classified as an arterial in the transportation element of the general plan.

Attached building or structure. A building or structure having a common wall with another building or structure.

Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials

on a supporting framework which projects from and is supported by the exterior wall of a building.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.020 - B.

Balcony. A platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.

Basement. A non-habitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade.

Bedroom. Any room having the potential of being a bedroom and meeting the standards of the building code as a sleeping room.

Block. Property bounded on all sides by a public right-of-way.

Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, accessory. A detached subordinate building used only as incidental to the main building on the same lot.

Building, main. A building in which the primary use of the parcel on which it is located is conducted.

Building code. Any ordinance or regulations of the city governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.

Building face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.

Building footprint. See "Footprint."

Building frontage. The lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business, even though another business may also have entitlement to that parking lot.

Building height. See "Height."

Building site. A lot or parcel of land occupied or to be occupied by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.030 - C.

California Environmental Quality Act (CEQA). Public Resources Code §§ 21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§ 15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Camper. As defined in the California Vehicle Code.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

City. The City of Newark.

City council. The city council of the City of Newark.

Change of use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Collector street. A street classified as a collector in the transportation element of the general plan.

Commercial vehicle. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private non-commercial purposes are not considered commercial vehicles.

Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

Condition of approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for city approval.

Conditional use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that particular location.

Conditionally permitted. Permitted subject to approval of a use permit.

Construction. Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.

Cottage food employee. An individual, paid or volunteer, involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee

does not include an immediate family member or household member of the cottage food operator.

Cottage food operation. An enterprise that takes place within the registered or permitted area of a private home where the cottage food operator lives, and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. A cottage food operation may be either of the following:

"Class A" cottage food operation. A cottage food operation which engages only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as holiday bazaars, bake sales, farm stands, county-certified farmers' markets, or through community-supported agriculture subscriptions.

"Class B" Cottage Food Operation. A cottage food operation, which engages in both direct sales as described above, and indirect sales, including from offsite events or from a third-party retailer.

Cottage food operator. An individual who operates a cottage food operation in his or her residence and is the owner of the cottage food operation.

Cottage food products. Nonpotentially hazardous foods, including but not limited to foods that are described in Section 114365.5 of the California Public Health and Safety Code, and that are prepared for sale in the kitchen of a cottage food operation.

County. The County of Alameda.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.040 - D.

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.

Demolition. The intentional destruction and removal of fifty percent or more of the enclosing exterior walls and fifty percent of the roof of any structure.

Density. The number of dwelling units per acre of land.

Detached building or structure. A building or structure which does not have a common wall with another building or structure.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

Development agreement. An agreement between the city and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.

Director. The community development director of the City of Newark or his/her designee.

District. See "Zoning district."

Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

Dwelling unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.050 - E.

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

Effective date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Electrical code. Any ordinance of the city regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Environmental impact report (EIR). An environmental impact report as required under the California Environmental Quality Act (CEQA).

Environmental review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.060 - F.

Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. Horizontal and vertical structures that are intended to separate properties, retain soil materials, and provide security; or as defined by the building official. Fences may also be walls, hedges, and screen plantings.

Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

Floor area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structures unless otherwise stipulated. See also Section 17.02.030.F, Determining Floor Area.

Floor area ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Section 17.02.030.F, Determining Floor Area Ratio.

Foot-candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Footprint. The horizontal area, as seen in plain view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 17.02.030.H, Determining Lot Coverage.

Freeway. A state or interstate highway.

Frontage, street. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.070 - G.

Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

General plan. The City of Newark General Plan.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface:

Existing or natural grade. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Finished grade. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Ground floor. The first floor of a building other than a basement that is closest to finished grade.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.080 - H.

Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section 17.02.030.C, Measuring Height.

Home occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Household. See "Family."

Household pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats, dogs, fish, rabbits, rodents, or snakes, but do not include horses, mules, goats, cows, hogs or other similar size animals, or roosters or peacocks.

Housing costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), homeowner's association dues, mortgage insurance, taxes, utilities, and any other related assessments.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.090 - I.

Illegal use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. An object affixed to the ground other than a structure.

Incidental use. See Use, incidental.

Income levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD)

estimate based on the Alameda County median income levels by family size. These income limits are equivalent to the following:

Extremely low income household. Under thirty percent of area median income, adjusted for household size appropriate for the unit.

Very low income household. Thirty to fifty percent of area median income, adjusted for household size appropriate for the unit.

Low income household. Fifty to eighty percent of area median income, adjusted for household size appropriate for the unit.

Moderate income household. Eighty to one hundred twenty percent of area median income, adjusted for household size appropriate for the unit.

Intensity of use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

Intersection, street. The area common to two or more intersecting streets.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.100 - J.

Reserved.

17.46.110 - K.

Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.120 - L.

Land use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping-related definitions:

Hedge. Any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. Hedges are not considered trees for the purposes of this title.

Hydrozone. A portion of the landscaped area having plants with similar water needs.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Mulch. Any organic material, such as leaves, bark, straw, compost, or inorganic mineral materials, such as rocks, gravel, and decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Pruning. The removal of more than one-third of the crown or existing foliage of the tree or more than onethird of the root system.

Runoff. Water that is not absorbed by the soil or landscape to which it is applied, and flows from the landscape area.

Shrub. A bush, hedge, or any plant that is not a tree more than twelve inches tall.

Tree. Any live woody or fibrous plant, the branches of which spring from and are supported upon a trunk.

Trim. The cutting or removal of a portion of a tree, which removes less than one-third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree.

Light fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

Lodging House. A single family home which allows leasing of bedrooms. A single family home may have a maximum of two rooms leased when the home is owner-occupied. The owner shall retain access to all areas of the dwelling unit occupied by the lodger and overall control of the dwelling unit. The leasing of rooms shall not be less than thirty days.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the County of Alameda, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Corner lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.

Flag lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width.

Interior lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees; a lot other than a corner lot.

Key lot. An interior lot adjoining the rear lot line of a reversed corner lot.

Reversed corner lot. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

Through lot. A lot having frontage on two parallel or approximately parallel streets.

==> picture [228 x 182] intentionally omitted <==

FIGURE 17.46.120(1): LOT TYPES

Lot area. The area of a lot measured horizontally between bounding lot lines.

Lot coverage. The portion of a lot that is covered by structures, including main and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 17.02.030.H, Determining Lot Coverage.

Lot depth. The horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.02.030.D, Measuring Lot Width and Depth.

Lot frontage. See "Frontage, street."

Lot line. The boundary between a lot and other property or the public right-of-way.

Lot line types:

Front lot line. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained.

Interior lot line. Any lot line that is not adjacent to a street.

Rear lot line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Side lot line. Any lot line that is not a front or rear lot line.

Street side lot line. A side lot line of a corner lot that is adjacent to a street.

==> picture [325 x 185] intentionally omitted <==

FIGURE 17.46.120(2): LOT LINE TYPES

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FIGURE 17.46.120(3): REAR LOT LINES, IRREGULAR LOTS

Lot width. The average distance between the side lot lines measured at right angles to the lot depth. See also Section 17.02.030.D, Measuring Lot Width and Depth.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

17.46.130 - M.

Maintenance and repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

Mansard. A wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

Municipal Code. The City of Newark Municipal Code.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.140 - N.

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Nonconforming building. See Nonconforming structure.

Nonconforming lot. A legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

Nonconforming structure. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

Nonconforming use. The use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.150 - O.

On-site. Located on the lot that is the subject of discussion.

Opacity. A measure of the relative light impenetrability of fencing, windows, and doors, typically expressed as a percentage. An opaque object with one hundred percent opacity is neither transparent (allowing all light to pass through) nor translucent (allowing some light to pass through).

Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than seventy-two hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the city.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.160 - P.

Parapet. That part of a wall that extends above the roof line.

Parking area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Passenger vehicle. As defined in the California Vehicle Code.

Permitted use. See Use, permitted.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Planning commission. The planning commission of the City of Newark.

Planning division. The planning division of the community development department of the City of Newark.

Pre-existing. In existence prior to the effective date of this title.

Primary use. See Use, primary.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property line. The recorded boundary of a lot or parcel of land.

Public Resources Code. The Public Resources Code of the State of California.

Public works director. The public works director of the City of Newark.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.170 - Q.

Qualified applicant. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal, or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.180 - R.

Reasonable accommodation. Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

Review authority. Body responsible for making decisions on applications.

Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.190 - S.

Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

Senior citizen. An individual sixty-two years of age or older.

Setback. The area between a property line and a building or structure that must be kept clear or open.

Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Sign terms:

A-frame sign. A portable upright, rigid, self-supporting frame sign in the form of a triangle or letter "A".

==> picture [192 x 144] intentionally omitted <==

FIGURE 17.46.190(1): A-FRAME SIGN

Animated sign. A sign with messages that visually change, or images that move or appear to move, flash on or off, wink or blink with varying light intensity, show motion or create the illusion of motion, or revolve to create an illusion of being on or off.

Awning sign. A sign placed on an awning.

==> picture [228 x 94] intentionally omitted <==

FIGURE 17.46.190(2): AWNING SIGN

Banner sign. A sign that is painted or printed on lightweight flexible material and hung from a staff or other device by ropes, wires or similar means in a manner to minimize movement.

Billboard. A sign used for the purpose of general advertising for hire, that is, some or all of the display area is customarily used to display the messages of advertisers or sponsors other than the owner of the sign.

Canopy sign. A sign attached to a fixed overhead shelter used as a roof, which may or may not be attached to a building.

==> picture [180 x 193] intentionally omitted <==

FIGURE 17.46.190(3): CANOPY SIGN

Commercial message. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

Copy. Also called "sign copy." The visually communicative elements mounted on a sign.

Digital display. A method of displaying a communicative visual image by use of LEDs (light emitting diodes) or their functional equivalent, that allows for the message or image to be easily changed, typically by remote control or computer programming. This definition applies to signs displaying a series of still images, as well as those presenting the appearance of motion.

Directional sign. A sign that directs or guides pedestrian or vehicular traffic and which is non-advertising in nature (e.g., handicapped parking, one-way, exit, and entrance).

Electronic copy. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern, and which can be programmed to periodically change the message display.

Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Freestanding sign. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building.

==> picture [444 x 139] intentionally omitted <==

FIGURE 17.46.190(4): FREESTANDING SIGN

General advertising for hire. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or onsite advertising.

Graffiti. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.

Illuminated sign. A sign with an artificial source of light incorporated internally or externally for the purpose of illuminating the sign.

Inflatable sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.

Internally illuminated sign. A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including cabinet signs and channel-letter signs.

Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site.

Mobile billboard. Any vehicle, or wheeled conveyance which carries, conveys, pulls, displays, or transports any sign or billboard for the primary purpose of advertising a commercial or non-commercial message, or other general advertising for hire.

==> picture [228 x 94] intentionally omitted <==

FIGURE 17.46.190(5): MOBILE BILLBOARD

Moving sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.

Non-commercial message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

Nonconforming sign. A sign lawfully erected and legally existing on the effective date of this title, but which does not conform to the provisions of this title.

Outdoor advertising structure. Any structure or any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

Pennant. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for the purpose of attracting attention.

Permanent sign. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

Projecting sign. A single or double faced sign that is perpendicular to the face of a building and projects more than fifteen inches from the face.

==> picture [216 x 206] intentionally omitted <==

FIGURE 17.46.190(6): PROJECTING SIGN

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Roof sign. Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.

==> picture [444 x 114] intentionally omitted <==

FIGURE 17.46.190(7): ROOF SIGN

Sign. Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the general public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign.

Sign area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

Sign face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.

Temporary sign. A structure or device used for the public display of visual messages or images, which is typically made of lightweight or flimsy materials which is not intended for or suitable for long term or permanent display.

Traffic sign. A sign for traffic direction, warning, and roadway identification.

Wall sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.

==> picture [444 x 91] intentionally omitted <==

FIGURE 17.46.190(8): WALL SIGN

Window sign. A temporary or permanent sign with a single face of copy that is painted or installed on a glass window or door, or located within 12 inches from inside the window, in a manner that it can be viewed from the exterior of a structure.

==> picture [240 x 99] intentionally omitted <==

FIGURE 17.46.190(9): WINDOW SIGN

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control.

Site area. The total horizontal area included within the property lines of a site.

Soil. Naturally occurring superficial deposits overlying bedrock.

Solar reflectance index. Measure of a surface's ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.

Specific plan. A plan for all or part of the area covered by the general plan that is prepared to be consistent with and to implement the general plan, pursuant to the provisions of Government Code, §§ 65450 et seq.

State. The State of California.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. "Street" includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

Street line. The boundary between a street and a lot or parcel of land.

Structural alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.

Structure. Anything constructed or erected which requires a location on the ground.

Structure, accessory. A detached subordinate structure, used only as incidental to the main structure on the same site or lot.

Structure, main. A structure housing the primary use of a site or functioning as the primary use.

Structure, temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Swimming pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Tandem parking. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Telecommunication terms:

Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

Co-location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Colocation also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

Satellite dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

Support equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

Telecommunication facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.

Tower, lattice. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

Tenant. A person renting or leasing a housing unit or non-residential space.

Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.210 - U.

Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.

Use, accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lot as a primary use.

Use, incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the primary use.

Use, permitted. Any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

Use, primary. A primary, principal, or dominant use established, or proposed to be established, on a lot.

Use classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, industrial, and transportation, communication, and utilities. See Chapter 17.45, Use Classifications.

Use permit. A discretionary permit which may be granted by the appropriate City of Newark authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval.

Use type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.220 - V.

Variance. A discretionary grant of permission to depart from the specific requirements of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning district.

Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.230 - W.

Wall. Any vertical exterior surface of building or any part thereof, including windows.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.240 - X.

Reserved

17.46.250 - Y.

Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this title.

Front yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this title for the district in which it is located and measured inward from the front lot line.

Interior yard. A yard which does not abut a street.

Rear yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this title for the district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Required yard. A yard which complies with the minimum yard requirements for the zoning district in which the lot is located.

Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Street side yard. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

==> picture [300 x 195] intentionally omitted <==

FIGURE 17.46.250: YARDS

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.46.260 - Z.

Zoning administrator. The zoning administrator of the City of Newark.

Zoning district. A specifically delineated area in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 17.03.010, Districts Established.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)