Article XI — SHORT-TERM RENTAL UNITS

16-660. Purpose and intent

16-661. Definitions

16-662. Vacation rental permit cap, separation requirement and maximum rental period

16-663. Permit required

16-663.1. Limited term

16-663.2. Owner requirements and limitations

16-663.3. Ineligible dwellings, structures and spaces

16-664. Per-permitting inspection

16-665. Permit application, processing and fees

16-666. Nuisance response plan

16-667. Operational standards

16-667.1. Limits on duration of stay

16-667.2. Occupancy limits

16-667.3. Parking requirements

16-667.4. Noise

16-667.5. Events and activities

16-667.6. Refuse

16-668. Property management requirements

16-668.1. Owner/property manager requirements

16-668.2. Permit notification

16-668.3. Information in rental agreements

16-668.4. Information in advertisements and listings

16-668.5. Posting inside of dwellings

16-668.6. Business license; business taxes; transient occupancy tax

16-668.7. Insurance

16-668.8. Defense and indemnification

16-668.9. Record-keeping

16-669. Inspection and monitoring

16-669.1. Inspections

16-669.2. Inspection, monitoring and code enforcement costs

16-670. Permit fees

16-671. Complaints and violations

16-671.1. Complaints

16-671.2. Violations

16-672. Revocation or suspension of permit

16-673. Violations declared a public nuisance

16-674. Each violation a separate offense

16-675. Criminal penalties

16-676. Remedies cumulative and not exclusive

16-677. Appeals

ARTICLE I. GENERAL PROVISIONS

SEC. 16-1. CONTENT OF THE ZONING ORDINANCE.

(A) The zoning ordinance of the city shall consist of this chapter.

(B) The area within the coastal zone, as established by the California Coastal Commission, shall be governed by chapter 17 of the code.

(`64 Code, Sec. 36-1.2.1) (Ord. No. 2130)

SEC. 16-2. INTERPRETATION OF CHAPTER.

(A) This chapter establishes the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare for the city. The city council does not intend this chapter to interfere with or abrogate or annul, any easement, covenant or other agreement.

(B) Where the provisions of this chapter impose greater restrictions against buildings or land, or upon the use thereof, or upon the height of buildings, or require larger open spaces than are imposed or required by other sections of this code, or other pertinent rules and regulations, or private easements, covenants or agreements, the provisions of this chapter shall control.

(`64 Code, Sec. 34-1)

SEC. 16-3. VIOLATION OF LICENSE OR PERMIT CONDITION.

(A) No person shall violate a provision of this chapter. No licensee or permittee shall fail to perform or shall violate any condition of a license or permit granted pursuant to this chapter.

(B) Violations of this chapter may be prosecuted as a violation of this code pursuant to section1-10.

(`64 Code, Sec. 34-1.1) (Ord. No. 1506)

SEC. 16-4. TIME LIMIT FOR JUDICIAL REVIEW.

Any court action or proceeding to review any decision on matters contained in this chapter including the validity of the proceedings or conditions imposed, shall not be maintained unless such action or proceeding is commenced within 90 days after the effective date of such decision. Thereafter all persons are barred from commencing or maintaining any such action or proceeding or raising any defense of invalidity or unreasonableness of any such decision, proceeding, or condition.

(`64 Code, Sec. 34-1.2) (Ord. No. 1842)

SEC. 16-5. DUTIES OF OFFICIALS/EMPLOYEES.

All officials or public employees vested with the duty or authority to issue permits or licenses required by law shall conform to the provisions of this chapter and shall not issue any license or permit for uses, buildings or purposes that would conflict with the provisions of this chapter. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.

(`64 Code, Sec. 34-2)

ARTICLE II. DEFINITIONS

SEC. 16-10. DEFINITIONS.

(A) For the purposes of this chapter, the following words shall have the following meanings:

ACCESSORY BUILDING - Any structure built for the support, shelter, or enclosure of property, subordinate, and secondary to the main use of the property, such as but not limited to: storage sheds, greenhouses, and garages.

ACCESSORY DWELLING UNIT (ADU) - An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence or multifamily structure. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes:

(a) EFFICIENCY UNIT - As defined in Section 17958.1 of the California Health and Safety Code.

(b) MANUFACTURED HOME - As defined in Section 18007 of the California Health and Safety Code.

ACCESSORY SIGN - Any sign which advertises goods manufactured or produced, goods for sale, or services rendered on the property upon which such sign is located, also known as an on-premise sign.

ACCESSORY STRUCTURE - A man-made object other than ornamental statuary, having a permanent location on the ground and more than six inches above the finished grade subordinate, and secondary to the main dwelling, structure, or use of the property, such as but not limited to: patio covers, gazebos, and children's play structures.

ACCESSORY USE - A use of property or structure subordinate and secondary to, the main use of the property or structure.

ADULT DAY CARE FACILITY - A state-licensed facility that provides less than 24-hour per day care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals.

ADULT HEALTH CARE CENTER - Any family day home, day care center, or social rehabilitation center, as defined in Cal. Health and Safety Code, Section 1570.7, and licensed by the State Department of Health, which provides, on less than a twenty-four hour basis, nonmedical care to adults in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual.

ALLEY - Any public thoroughfare for the use of pedestrians or vehicles, not less than ten feet nor more than thirty feet wide, which has been deeded or dedicated to the city as a secondary means of access to abutting property.

AMMUNITION - Any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge and a primer that is used in the operation of a firearm.

ANTIQUE SHOP - A retail business that sells works of art, furniture, decorative objects and the like, all of which are at least thirty years old.

APARTMENT - A room or suite of rooms in a multi-family dwelling designated as a residence for one household and containing permanent provisions for living, sleeping, eating, cooking, and sanitation. Efficiency, studio, and single are terms used for apartments with combined living, sleeping, and/or kitchen areas.

APARTMENT HOTEL - A building containing six or more apartments, designated for use as second or temporary dwellings for transient guests.

APARTMENT HOUSE - Any building which is designed to be or is in fact occupied as the residence of two or more families living independently of each other in such building, in separate apartments, and where such apartments are rented or leased for a period of not less than one month.

AUTOMOBILE REPAIR GARAGE - A building used for the overhaul and repair of vehicles, including body repairs, engine overhaul, upholstery work, parts rebuilding and like activities.

AUTOMOBILE SERVICE STATION - Any business which dispenses gasoline and which may also sell other automotive-related and nonrelated goods and services, but which excludes auto body work, complete engine and transmission overhaul and rebuilding and similar intensive vehicle-related services.

AUTOMOBILE WRECKING - The dismantling or destruction of one or more motorcycles or motor vehicles.

BASEMENT - A story partly underground with less than one-half its height above the average finished grade.

BED AND BREAKFAST INN - An establishment, originally built as a single-family residence, operated by a resident owner and containing three to five guest bedrooms, each of which is available for rent to the general public for up to twenty-nine consecutive days.

BEDROOM - Any room that is or can be used for sleeping purposes, including any room other than a kitchen, bathroom, or utility service room, such as a study, den and loft.

BUILDING - Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

BUILDING HEIGHT - Total vertical height of a building measured from the average finished grade within five feet of the building to the highest point of the building, and as further defined in Section 16-303.

BUILDING SITE - The area, including all required yards, open space and parking, which a main building and its accessory buildings and uses occupy.

BUSINESS - Any use of property for profit requiring a business license.

CANNABIS - Shall have the same meaning as set forth in Cal. Bus. and Prof. Code Section 26001(f), as that section now appears or may hereinafter be amended or renumbered.

CARPORT - A roofed parking space for vehicles that may be open on one to four sides and may be attached to a main building, where the size of the parking space(s) complies with Article X.

CAR WASH (MECHANICAL) - Any operation which provides for the washing of motor vehicles primarily through the use of mechanical equipment which may include conveyor chains, blowers, steam guns, roller brushes, high pressure vacuum units and similar equipment.

CAR WASH (NONMECHANICAL, SELF-SERVICE) - Any operation which provides for the washing of motor vehicles by the customer, which employs persons only to check, maintain and supervise the use of the facility and equipment, and which has equipment limited to water softeners, water heaters, soap mixing tanks, low pressure vacuum units and similar equipment that produces only a low volume of sound.

CHILD CARE CENTER - A state-licensed child care facility other than a family day care home, in which less than twenty-four hour per day nonmedical care and supervision is provided in a group setting for children.

CHURCH - A building operated primarily for worship or for promotion of religious activities excluding other buildings or activities maintained by religious organizations such as educational institutions, hospitals, homeless shelters and day care centers or operations that are commercial in nature.

CLUB - An association of persons for some common, nonprofit purpose excluding groups organized primarily to render a service which is customarily carried on as a business.

COMMERCIAL DISTRICT - Stores and businesses located in a shopping center of more than ten acres but less than thirty acres and designed to serve several neighborhoods.

COMMERCIAL SCHOOL - A nonaccredited school providing training or personal improvement, such as a beauty college, dance school, business school, or gymnasium.

COMMISSION - The planning commission of the city.

COMMON AREA - Any area or space designed for joint use by tenants occupying mobile home parks, condominiums, planned residential groups and similar residential developments.

COMMUNITY APARTMENT PROJECT - A project in which an undivided interest in the property is coupled with the right of exclusive occupancy of any apartment located thereon.

COMMUNITY CARE FACILITY - A State-licensed facility maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children and/or adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as further defined in Cal. Health and Safety Code, Section 1502.

CONDOMINIUM - An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a building on real property such as a residence.

CONGREGATE LIVING HEALTH FACILITY - A State-licensed residential home with a non-institutional home-like environment that provides twenty-four hour medical supervision and skilled nursing with services for persons who are physically disabled, have a diagnosis of terminal illness, or are catastrophically and severely disabled, as further defined in Cal. Health and Safety Code, Section 1250.

COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) - A set of rules governing the use of a certain piece of real estate in each community. “Governing documents” includes declarations, bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association. Source: Cal. Civil Code section 4150.

DENSITY, RESIDENTIAL (NET) - The number of dwelling units in an acre of land, excluding land for public dedication such as public right-of-way. Residential density is usually indicated as dwelling units per acre (du/ac).

DETACHED - Any freestanding building or structure that is separated and not physically joined to the primary building by a common wall.

DIRECTOR - The city's community development director or designee.

DRIVE-IN THEATER - A motion picture theater containing a vehicle parking area where patrons remain in their vehicles to view the entertainment presented on one or more screens.

DRIVE-THRU FACILITY - A facility which, by its design, allows people to receive goods and/or services while remaining in their motor vehicles.

DUPLEX - A building containing two dwelling units.

DWELLING UNIT - A room or suite of rooms designed as a residence for one household and containing one kitchen.

EDUCATIONAL INSTITUTION - An institution offering academic instruction or training leading to a degree, or accredited by the state, including private colleges or trade schools but not including dance schools, business schools, and similar commercial establishments.

EFFICIENCY DWELLING UNIT - A housing unit, typically a combined living room and bedroom area, a separate bathroom, and a kitchenette, with a typical minimum gross floor area of 220 square feet. Occupancy standards and square footage shall be governed by Cal. Residential Code Section R304.5. In no instance shall the minimum square footage be less than 220 square feet.

EMERGENCY SHELTER FOR FAMILIES - A permanent facility consisting of a building or group of buildings with overnight sleeping accommodations providing temporary housing for six months or less to homeless families with children under the age of 18, or 21 if they are full-time students or disabled, pursuant to standards set forth in article V, division 18. Such accommodations shall include basic supportive services such as meals, restroom, bathing and laundry facilities. No family shall be denied emergency shelter because of an inability to pay. For purposes of this definition, "disabled" means persons with special needs, including mental disabilities, developmental disabilities, AIDS, substance abuse or chronic health conditions.

EMERGENCY SHELTER, PERMANENT - A permanent facility consisting of a building or group of buildings with overnight sleeping accommodations providing temporary housing for six months or less to homeless persons pursuant to standards set forth in article V, division 18. Such accommodations shall include basic supportive services such as meals, restroom, bathing and laundry facilities. No individual or household shall be denied emergency shelter because of an inability to pay.

EMERGENCY SHELTER, TEMPORARY - A temporary facility consisting of a building or group of buildings with overnight sleeping accommodations providing housing to homeless persons for winter warming or similar short-term, temporary operation not to exceed four months within a twelve-month period. No individual or household shall be denied emergency shelter because of an inability to pay.

ENTERTAINMENT - Any performance or activity defined herein; provided, however, that the term does not include vocal music or music from a single, unamplified, stringed instrument, including piano.

FAMILY - A group of residents whose members jointly occupy a dwelling unit as a single housekeeping unit; have joint use of and responsibility for common areas, but not including residents of commercial group living such as hotels, dormitories and fraternities.

FARMWORKER - An employee, also known as an agricultural worker, engaged in agricultural work/farming and any practices performed on a farm in conjunction with farming including cultivating and tillage of soil, the raising of animals and the preparation of agricultural products for market and or to carriers for transportation to market.

FARMWORKER EMPLOYEE HOUSING - A residential use of one or more single or multi family dwelling units and accessory dwellings of the same type and in the same zone, and/or group quarters structures with common dining area. A farmworker housing complex does not need to be located on the site of a qualifying agricultural operation where the farmworkers are employed.

FAST FOOD RESTAURANT - An establishment whose principal business is sale of pre-prepared or rapidly prepared food served in disposable packaging directly to the customer, for consumption either within the restaurant building or off premises.

FIREARM - Any device designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or some other form of combustion, including any projectile which carries or contains its own fuel and is propelled by reaction. This definition does not include model rockets, airsoft guns, nerf-type guns, or paintball guns.

FIREARM AND AMMUNITION SALES - A retail business that engages in the sale of firearms and/or ammunition.

FIREARM RANGE - Any public or private establishment that operates an area designated for the discharge or other use of firearms within a controlled shooting environment. Also referred to as firing or shooting range.

FLOOR AREA, GROSS - The total area of all floors of a building as measured to the outside surfaces of exterior walls and exclusive of vents, elevator shafts, and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features, and includes roof decks, balconies, and patios when fully enclosed by a wall, surrounded by a solid railing higher than forty-two inches, or covered.

FLOOR AREA, NET - The area included in surrounding the walls of a building, or portion thereof, exclusive of vents, shafts, stairs, halls, attics, basements, mechanical rooms, garages, etc.

FRONTAGE OF BLOCK - The length of a block measured between two cross streets whereon more than four lots have frontage.

GARAGE - An accessory building or portion of the main building having a minimum of four walls and a roof, and designed and used principally for the parking of vehicles.

GENERAL COMMERCIAL - Individual stores and businesses where each establishment is located on a separate lot, with separate parking and loading facilities and not in a shopping center.

GUEST HOUSE - An accessory building for the housing of temporary guests, not containing a kitchen and not being rented or leased.

HABITABLE SPACE - Any space used, or intended or designed to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

HIGH QUALITY TRANSIT CORRIDOR - A corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours. Source: Cal. Public Resources Code section 21155(b).

HOME FINDING AGENCY - Any individual or organization engaged in finding homes or other facilities as defined in the Cal. Code of Regulations, for placement of persons of any age for temporary or permanent care, or adoption, including providing continuing social services to such persons.

HOME OCCUPATION - Gainful employment engaged in by the occupants of a dwelling, which is incidental and subordinate to and compatible with the residential use of the property and surrounding residential uses.

HOSPITAL - A health facility having a duly constituted governing body with overall administrative and professional responsibility and having an organized medical staff which provides 24-hour inpatient care including one or more of the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, dietary services, or psychiatric care and treatment.

HOTEL - A building providing separate bedrooms or baths for the accommodation of travelers, semipermanent residents and the like, where no kitchen facility is provided, whether known as a hotel, motel, or rooming house.

HOUSEHOLD - See FAMILY.

INLAND WATERWAY - A body of water confined to a channel which permits navigation by vessels and ships and is connected directly to the ocean.

INSTITUTION - An organization having a social, educational, or religious purpose such as a school, church, hospital, club or lodge.

JUNIOR ACCESSORY DWELLING UNIT (JADU) - A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single- family residence and/or attached garage or other attached non-habitable space.

JUNK - Scraps of copper, wood, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked motor vehicles or parts thereof, iron, steel and other scrap ferrous or nonferrous material.

KITCHEN - Any room or portion of a room used, or intended or designed to be used for cooking and preparing food.

LANDSCAPING - The treatment and maintenance of a yard area with predominantly vegetative materials, such as lawn or ground cover, shrubs or trees, and ornamental flagstone, brick or rock work and the like, organized in a manner designed to create or enhance a specific appearance.

LARGE FAMILY DAY CARE HOME - A State-licensed facility that provides care, protection and supervision for seven to fourteen children in the provider's own home for periods less than twenty-four hours per day, as further defined in Cal. Health and Safety Code, Section 1596.78.

LIVABLE SPACE - A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA - The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

LOT - A parcel of real property owned by the same person or entity officially subdivided and recorded prior to or according to chapter 15 of this code.

LOT AREA, GROSS - The total area enclosed by the lot lines of a property measured on a horizontal plane.

LOT AREA, NET - The area enclosed by the lot lines of a lot, excluding land for public dedication such as public right-of-way or easements.

LOT, CORNER - A lot abutting two or more intersecting streets, excluding alleys.

LOT DEPTH - The average lineal distance between the front and rear lot lines, measured perpendicular to the front lot line.

LOT, FLAG - A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each lot shall not be considered in calculating the minimum lot area and dimension requirements of the subject lot.

LOT, KEY - A lot whose side lot line forms the read lot line of a reversed corner lot.

LOT LINES - The established division lines between parcels of property, public or private.

LOT LINE, FRONT - The line dividing a lot or parcel from an officially designated public street, the line separating the narrowest street frontage of the lot from the street in the case of a corner lot; provided, however, that if the street is without frontage, the Community Development Director shall designate the front lot line.

LOT LINE, REAR - The lot line most nearly distant and parallel to the front lot line and dividing the lot from an alley or adjoining lot. For triangular or irregularly shaped lots, the rear lot line shall be a line ten feet long within the lot opposite and most distant from the front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is drawn perpendicular to the mean direction of lot depth, not withstanding, the Community Development Director makes the final determination of the designated rear lot line.

LOT LINE, SIDE - All other lot lines that are not front or rear lot lines.

LOT LINE, STREET SIDE - The lot line which separat es the lot from the street, but is not the front lot line.

LOT, REVERSE CORNER - A corner lot whose rear lot line abuts the side lot line of an adjoining lot.

LOT WIDTH - The lineal width of a lot measured at the midpoint between the front lot line and rear lot line

LOW- BARRIER NAVIGATION CENTER - A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, without limitation, the following:

(a) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

(b) Pets;

(c) The storage of possessions; and

(d) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds or private rooms. (Cal. Gov’t Code Section

MAIN BUILDING - The building wherein the principal use of a lot or parcel is conducted, including attached structures where there is eight lineal feet or more of common wall and also includes structures attached by ceiling or floor.

MAJOR RECREATIONAL EQUIPMENT - Items designed to be used as temporary dwellings for recreational outings, or designed to be used for other recreational purposes, such as travel trailers, trailer coaches, pickup campers, motorized dwellings, tent trailers, boats and boat trailers.

MAJOR TRANSIT STOP - A site containing any of the following:

(a) An existing rail or bus rapid transit station;

(b) A ferry terminal served by either a bus or rail transit service; or

(c) The intersection of two or more major bus routes with a frequency of service interval of twenty minutes or less during the morning and afternoon peak

commute periods, as defined in Cal. Public Resources Code section 21064.3.

MANUFACTURED HOME - A structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, per Cal. Health and Safety Code section 18007(a).

MARIJUANA - Shall have the same meaning as cannabis.

MEDICAL CLINIC - An organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients.

MINI-WAREHOUSE - Any structure designed, built or used as individual compartments for five or more occupants on a lease or rental basis for the purpose of storage of any item for a period of more than forty-eight hours.

MOBILE HOME - A manufactured relocatable vehicle, other than a motor vehicle, designed or equipped for human residential habitation and for being drawn by a motor vehicle.

MOBILE HOME LOT - A parcel of land in a mobile home park rented and used exclusively by the occupants of the mobile home located on that lot.

MOBILE HOME PARK - A contiguous area or tract of land of at least sixteen acres under single ownership which has been planned and improved for the placement of mobile homes for nontransient residential use.

MOBILE HOME STAND - The part of a mobile home lot reserved for the placement of a mobile home.

MOBILE OFFICE - A vehicle other than a motor vehicle designed or used as an office for industrial, professional or commercial purposes, and designed to be drawn by a motor vehicle.

MOTEL - A building or group of buildings or units attached, semi-attached or detached, designed to serve as temporary sleeping quarters for transient persons, whether known as a motel, auto court, tourist court or bungalow court, excluding an adult motel, as defined in section 16-336(A)(5).

MOTION PICTURE THEATER - An establishment containing two or fewer screens where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown for any form of consideration.

MOTOR VEHICLE - A device by which any person or property may be propelled, moved, or drawn upon a public street, excepting a device moved by human power.

MULTI-FAMILY DWELLING - A building containing two or more dwelling units.

MULTIPLEX MOTION PICTURE THEATER - An establishment containing three or more screens where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown for any form of consideration.

NEIGHBORHOOD COMMERCIAL - Stores and businesses located in a shopping center of less than ten acres and designed to serve a local neighborhood rather than several neighborhoods.

NONACCESSORY SIGN - A sign which advertises products, services or other uses not associated with any use established on the premises on which such sign is located, also known as an off-premise sign and including, but not restricted to, billboards and outdoor advertising structures.

NONCONFORMING - Buildings or uses which become not permitted or not in compliance with zoning regulations by reason of changes in the zoning regulations or land use zone classification of the property on which such building or uses are located.

OCCUPIED AREA - That area of an individual mobile home lot which has been covered by a mobile home and its accessory structures.

PARKING SPACE - A rectangular space, clearly delineated on the ground or pavement, of dimensions required elsewhere in this chapter, to be used for the parking or stopping of motor vehicles.

PARKING STRUCTURE - A structure used for the parking of vehicles where parking is accommodated on two or more levels.

PASSAGEWAY - A pathway that is unobstructed, clear to the sky and extends from a street to one entrance of the accessory dwelling unit. No passageways are required in conjunction with the construction of an ADU.

PATIO - A deck or paved area not extending above the first floor level of a building.

PATIO COVER - A covered shelter for outdoor use, which is enclosed on no more than two sides, whether or not the remaining two sides are partially enclosed by a low wall, supporting structural members, lattice work, louvers, screens, solid roofs, and the like, and not used as a carport.

PAWNSHOP - An establishment that engages in the business of loaning money on the security of pledges of personal property, and purchasing and selling personal property.

PERGOLA - An open-work structure or lattice having at least fifty percent of its roof open to the sky.

PERMANENT STORAGE - The storage of any item of personal property for a period of more than forty-eight hours.

PERMANENT STRUCTURE - Any object having a solid foundation or fixed location on the ground.

PLANNING MANAGER - The planning division manager of the city.

PRIMARY DWELLING UNIT - The main residential structure containing one dwelling unit located on one legal lot.

PRIVATE SCHOOL - An accredited private school or college providing academic or trade education.

PRIVATE STREET - A privately owned vehicular right-of-way used as access by two or more lots which do not have frontage on a public street.

PRODUCT ASSEMBLY PLANT - Production facilities primarily engaged in final or partial assembling or packaging of premanufactured, treated, or fabricated components, materials or products.

PUBLIC CAMPGROUND - A public area wherein major recreational equipment may be placed as temporary dwellings.

PUBLIC PARKING LOT - A parking lot for motor vehicles created to serve the public either as a separate business or as an accessory use to a business, whether owned by a governmental agency or by a private person or business.

PUBLIC TRANSIT - Includes, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

QUARRY - Any premises or site from which rock, sand, gravel, stone, earth, soil or any other mineral is removed or excavated for the purpose of sale, excluding the necessary grading or excavating of a building site under a valid building permit.

RECREATION COMMERCIAL - Indoor or outdoor sport, game, or recreational activity which may occur within a building or as outdoor activities, including but not limited to arenas, stadiums, rinks, golf courses, ranges, or auditoriums.

RESEARCH AND DEVELOPMENT - Facilities or establishments primarily performing research or development of industrial or scientific products.

RESIDENTIAL CARE FACILITY FOR THE ELDERLY - A housing arrangement of residents at least sixty years of age, where personal care and supervision are provided, as defined in Cal. Health and Safety Code, Section 1569.2.

SCRAP METAL PROCESSING FACILITY - Any property which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, abandoned or dismantled motor vehicles or motor vehicle parts.

SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITY - A State-licensed residential facility with seven or more residents that provides a range of community dining and/or recreation areas integrated with individual apartment units that may have individual cooking facilities; that provides at least one non-medical and/or medical support service to residents such as housekeeping, laundry, media room facility, library, hair care, recreation, and transportation services; that is restricted to qualifying residents or senior citizens as those terms are defined in Cal. Civil Code, Section 51.11; that may include a secure area(s) for residents with limited memory or cognitive abilities and/or limited physical mobility; and that is subject to the regulations for Planned Residential Groups set forth in sections 16-445 and 16-446 of this code.

SIDE STREET - A street providing secondary frontage to a lot, and having an angle between forty-five to one hundred and forty degrees at its intersection with the street providing principal frontage for the lot in question.

SINGLE-FAMILY DWELLING - A building containing one dwelling unit whether built as a detached building or as an attached townhouse type of unit that does not involve common ownership or adjacent parcels of real property. The definition of single family dwelling does not include farmworker employee housing, but shall including farmworker employee housing projects with six or fewer residents as allowed by State law.

SINGLE-ROOM OCCUPANCY (SRO) - A residential facility containing six or more housing units where each housing unit is made up exclusively of a single room. The housing units are often furnished and may have individual or shared kitchen and/or bathroom facilities. Each housing unit is offered on a monthly rental basis or longer. Regulations for single-room occupancy set forth in Sections 16-441 to 16-441.3 of this code.

SMALL RESIDENTIAL HEALTH OR CARE FACILITY - A facility licensed, authorized or certified by the State that provides nonmedical health or care services to six or fewer persons (except as otherwise provided herein), which State statutes identify as a residential use of property subject only to standards and restrictions applicable to other dwellings of the same type in the same zone, including but not limited to: a congregate living facility, as defined in Cal. Health and Safety Code, Section 1250, having no more than six beds; an intermediate care facility/developmentally disabled habilitative, as defined in Cal. Health and Safety Code, Section 1250, serving no more than six persons; an intermediate care facility/developmentally disabled-nursing, as defined in Cal. Health and Safety Code, Section 1250, having no more than six beds; a State-licensed residential care facility, as defined in Cal. Health and Safety Code, Section 1568.01, serving no more than six persons; a small family day care home serving no more than eight children, as defined in Cal. Health and Safety Code, Section 1596.78; a pediatric day health and respite care facility, as defined in Cal. Health and Safety Code, Section 1760.2, having no more than six beds; an alcoholism or drug abuse recovery or treatment facility, as defined in Cal. Health and Safety Code, Section 11834.02, serving no more than six persons; and a State authorized, certified or licensed family care home, foster home or group home providing care on a twenty-four hour a day basis to six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children, as referred to in Cal. Welfare and Institutions Code, Section 5116.

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 shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above; also, if the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story.

STREET - Land dedicated to or owned by a city, county, or State and designated as a public right-of-way, but not including an alley as defined herein.

STRUCTURAL ALTERATIONS - Any change to a bearing wall, column, beam, joist, roof, rafter or other supporting member of a building or structure.

STRUCTURE - Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground.

SUBTERRANEAN GARAGE - Any enclosed motor vehicle storage area of which any portion extends below the average grade of the project site.

SUPPORTIVE HOUSING - Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and. when possible, work in the community. Such housing shall be considered a residential use of the property and shall be subject only to those restrictions that apply to other residential dwellings of the same type and in the same zone.

SWAP MEET - Any indoor or outdoor facility containing multiple tenant spaces, stalls or booths from which new or used merchandise, crafts, or food are sold, exchanged or bought by separate vendors. An admission fee may or may not be charged. Any facility bearing the name of, or otherwise being promoted as a swap meet or flea market, shall constitute a swap meet for purposes of this chapter.

TANDEM PARKING - Two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

THEATER - A motion picture theater or an establishment regularly featuring live performance of dramatic productions for any form of consideration.

THRIFT STORE or SECONDHAND STORE - A retail business that engages or specializes in the sale of previously owned, secondhand or used merchandise, in which the area devoted to such merchandise is larger than twenty-five percent of the total floor area devoted to retail sales; provided, however, that this definition does not include antique shops or specialty retail stores that sell only one type of used merchandise, including but not limited to used record stores, used bookstores, used furniture stores, and sports trading card stores.

TIMESHARE - Dwelling units or commercial transient quarters (such as hotel or motel rooms) divided for purposes of marketing and sale into at least twelve annual time segments of not less than one week or more than thirty days during which the units or quarters may be occupied, with the annual right of occupancy extended over a specified period of time.

TOWNHOUSE - A single-family dwelling unit attached to one or more other single-family dwelling units with each dwelling unit occupying a separate lot.

TOWNHOUSE CONDOMINIUM - A townhouse, having associated with it an undivided interest in common in a parcel of real property that is contiguous with the townhouse lots.

TRADITIONAL BED AND BREAKFAST - An establishment which contains no more than two guest bedrooms each of which is available for rent to the general public for up to twenty-nine consecutive days.

TRAILER - A vehicle designed to be towed behind an automobile or truck.

TRAILER PARK - Any area where one or more mobile homes are located.

TRANSIENT - A tourist or other person abiding in the city for a short period of time.

TRANSITIONAL HOUSING - Five or more dwelling unit(s) used as rental housing but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient. Supportive services arc provided to facilitate the movement of homeless individuals and their families to permanent housing. An eligible person(s) may live in the dwelling for up to two years, pursuant to Cal. Health and Safety Code, Sections 50675.2(h) and 50801(i). Some units may be designated for transition in place, where person(s) may stay in the unit for more than two years. Such housing shall be considered a residential use of the property and shall be subject only to those restrictions that apply to other residential dwellings of the same type and in the same /one.

USE - Utilization of property or buildings for a specific purpose.

USE AREA - An open or yard area, uncovered by building or structures, used as the main use or accessory use of a lot or parcel.

USED CAR JUNK AREAS - Any property which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, abandoned or dismantled motor vehicles or motor vehicle parts.

VEHICLE - Automobile or two-axled truck, customarily used for private transportation, including self-propelled motor homes, recreational and off-road vehicles, utility and travel trailers, and boats and boat trailers.

WORK/LIVE - A business establishment, part of which may be used as an accessory dwelling unit by the business operator or employee.

YARD - An open area on a private lot or parcel, unobstructed by buildings or structures from the ground to the sky, except by encroachments or other exceptions permitted in this chapter.

YARD, FRONT - The yard measured the full width of the lot, lying between the front lot line and the closest portion of the main building.

YARD, INTERIOR SPACE - The area on the lot behind the front setback line which is open from ground to sky and used as private open space except as otherwise permitted in this chapter.

YARD, REAR - The yard measured the full width of the lot, lying between the rear lot line and the nearest portion of the main building.

YARD, SIDE - The yard lying between the side lot line and the closest portion of the main building and between the required front and rear yards.

YARD AREA - The area of yard on a given lot expressed in numbers of square feet.

(B) These definitions are to be used throughout this chapter unless expressly otherwise provided.

(`64 Code, Sec. 34-3) (Ord. No. 617, 725, 893, 958, 1039, 1049, 1099, 1115, 1116, 1131, 1150, 1217, 1233, 1294, 1409, 1424, 1477, 1504, 1555, 1564, 1629, 1632, 1705, 1827, 1829, 1894, 1959, 1967, 2021, 2026, 2130, 2132, 2165, 2313, 2335, 2347, 2466, 2561, 2626, 2671, 2713, 2727, 2847, 2864, 2890, 2896; 2914, 2925, 2928, 2929, 2959, 2961, 2984, 2998, 3031, 3037, 3074)