17.08 — DEFINITIONS

For the purpose of this title and PVEMC Title 18, certain words and terms used in this title and PVEMC Title 18 are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The word “shall” is always mandatory and not merely directory. The word “may” is permissive. (Ord. 84 Art. II, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Accessory building” means a subordinate building or a part of the main building on the same lot or building site, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building.

(Ord. 84 § 2.1, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Accessory use” means a use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. (Ord. 84 § 2.2, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Advertisement” means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, Internet website or application, or any other form.

(Ord. 717 § 1, 2016)

“Agricultural employee” means a person employed for the purpose of engaging in agriculture, including farming in all its branches, and, among other things, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(f) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, poultry, and any practices performed by a farmer or on a farm as an incident or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. (Ord. 709 § 1, 2014)

“Agricultural employee housing” means any living quarters or accommodations of any type specifically for agricultural employees and which comply with Cal. Health & Saf. Code §§ 17008 and 17021.6 and other applicable provisions of the Employee Housing Act.

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.08.036

§ 17.08.085

(Ord. 709 § 1, 2014)

“Alley” means a public thoroughfare or way having a width of not more than twenty feet which affords only a secondary means of access to abutting property. (Ord. 84 § 2.3, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Amateur radio antenna” means any antenna used for noncommercial purposes to receive and/or transmit radio signals on an amateur radio bandwidth, as designated by the Federal Communications Commission.

(Ord. 700 § 2 (Exh. 1), 2012)

“Basement” means the lowest level of a building that is not more than six feet above natural grade for at least fifty percent of the basement perimeter and does not exceed twelve feet above grade at any point.

(Ord. 84 § 2.5, 1948; Ord. 646 § 1, 2002; Ord. 700 § 2 (Exh. 1), 2012; Ord. 714 § 1, 2015)

“Bed and breakfast inn” means a facility offering transient lodging accommodations to the public and providing kitchen facilities adequate to provide meals to guests of the facility only and not otherwise open to the public.

(Ord. 700 § 2 (Exh. 1), 2012)

“Building” means a structure having a roof supported by columns or walls. (See “structure.”) (Ord. 84 § 2.6, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Building height” means the vertical distance as measured from any point on natural grade within the perimeter of the structure to the highest point of the structure at that point. The following elements of the structure shall not be considered when determining its height:

• A. Vent pipes;

• B. Chimneys;

• C. Television antennas;

• D. Eaves extending beyond the perimeter walls of the structure.

• (Ord. 84 § 2.7, 1948; Ord. 303 § 1, 1974; Ord. 700 § 2 (Exh. 1), 2012)

“Building site” means the ground area of a building or buildings together with all open spaces adjacent thereto as required by this title and PVEMC Title 18. (Ord. 84 § 2.8, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.08.085

PALOS VERDES ESTATES CODE

§ 17.08.140

“Cellar” means that portion of a building located entirely underground within the footprint of the building, so that it is below the adjoining grade from all sides. A cellar shall contain no windows and shall not be directly accessible from outside of the building. (Ord. 599 § 1, 1996; Ord. 700 § 2 (Exh. 1), 2012)

“City” means the incorporated city of Palos Verdes Estates. (Ord. 84 § 2.9, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“City council” means the city council of the city of Palos Verdes Estates. (Ord. 84 § 2.10, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Commission” means the city planning commission. (Ord. 84 § 2.11, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Communal housing” means housing for nonfamily groups with common kitchen and dining facilities but without medical, psychiatric, or other care. Communal housing includes boarding houses, lodging houses, dormitories, communes, and religious homes. (Ord. 700 § 2 (Exh. 1), 2012)

“Compensation” means anything of value. (Ord. 84 § 2.12, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Director” means the city manager or the designee of the city manager. (Ord. 529 § 8, 1991; Ord. 700 § 2 (Exh. 1), 2012)

“Disability” or “disabilities” mean the same as the term “physical and mental disabilities” is defined in Section 12926.1 of the California Fair Employment and Housing Act (Cal. Gov’t Code § 12926.1), and the term “disability” is defined in Section 12102 of the federal Americans with Disabilities Act (42 U.S.C. Section 12102).

(Ord. 709 § 1, 2014)

“Domestic animal” means an animal which is commonly maintained in residence with humans. (Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.08.140

§ 17.08.196

“Multifamily dwelling” means a building or portion thereof used to house two or more families, including domestic employees of such families, living independently of each other. (Ord. 84 § 2.14, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Single-family dwelling” means a building containing only one kitchen and used to house not more than one family including domestic employees of such family. (Ord. 84 § 2.145, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Dwelling unit” means a building or portion thereof used by one family and containing but one kitchen.

(Ord. 84 § 2.15, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Emergency shelter” means housing with minimal supportive services for homeless persons that limits occupancy by homeless persons to six months or less and that does not deny emergency shelter due to a person’s inability to pay.

(Ord. 709 § 1, 2014)

“Erected” includes “built,” “built upon,” “added to,” “altered,” “constructed,” “reconstructed,” “moved upon,” or any physical operations on the land required for a building. (Ord. 84 § 2.16, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Family” means an individual or two or more persons living together as a single household in a dwelling unit.

(Ord. 84 § 2.17, 1948; Ord. 334 § 1, 1978; Ord. 700 § 2 (Exh. 1), 2012)

“Floor area” means all floor area of rooms with a ceiling height of seven feet or more, at every floor, measured from the outside of the surrounding exterior walls of a building, including the garage but excluding the floor area of stairwells and elevator shafts at each floor above the lowest floor served.

(Ord. 665 § 1, 2006; Ord. 672 § 1, 2006; Ord. 700 § 2 (Exh. 1), 2012)

“Gross floor area” means all area included in the definition of floor area in PVEMC § 17.08.195 plus the following:

• A. The floor area of each stairway and/or elevator shaft at each level or story above the lowest floor served;

• B. The floor area of any space where any vertical dimension for such space exceeds five feet

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City of Palos Verdes Estates, CA § 17.08.196

PALOS VERDES ESTATES CODE

§ 17.08.238

as measured from the ground level to the lowest face of the structural members in the ceiling;

• C. The floor area of all patios, decks, verandahs, loggias, carports, balconies and other similar structures if such area is covered by a roof overhang projecting more than six feet from the exterior walls; and

• D. At every room where the floor to ceiling dimension exceeds fifteen feet, the floor area shall be counted twice.

• (Ord. 665 § 2, 2006; Ord. 672 § 2, 2006; Ord. 700 § 2 (Exh. 1), 2012)

“Net floor area,” as it applies to PVEMC § 18.12.060, Parking requirements, means all area within the surrounding walls at every floor of the use that the parking serves measured from the outside of exterior walls and the centerline of interior walls.

(Ord. 665 § 3, 2006; Ord. 672 § 3, 2006; Ord. 700 § 2 (Exh. 1), 2012)

“Private garage” means an accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of a main building and wherein there is no service or storage for compensation. (Ord. 84 § 2.18, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Public garage” means any building, except one defined in this chapter as a private or storage garage, used for the storage, care or repair of self-propelled vehicles, or where any such vehicles are equipped for operation, or kept for hire.

(Ord. 84 § 2.19, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Storage garage” means any building or portion thereof, other than one defined in this chapter as a public garage or private garage, used only for the storage of self-propelled vehicles. (Ord. 84 § 2.20, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Grading” means any excavation or filling. (Ord. 309 § 1, 1975; Ord. 700 § 2 (Exh. 1), 2012)

“Habitable story” shall be defined as a story used in the R-1 or R-M zone for living, sleeping, eating or cooking and as a story used in the C zone for operating an authorized business. (Ord. 496 § 5, 1989; Ord. 700 § 2 (Exh. 1), 2012)

“Individual with a disability” means an individual with a qualifying disability under the Fair Housing Laws. Generally, any person with any mental or physical impairment, disorder or

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City of Palos Verdes Estates, CA § 17.08.238

ZONING PROCEDURES

§ 17.08.295

condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. “Individual with a disability” does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania. (Ord. 709 § 1, 2014)

“Kitchen” means any room equipped with permanent cooking facilities including, but not limited to, a stove, an oven, or other permanent electrical equipment for cooking food. (Ord. 84 § 2.21, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Lead department” means the city department coordinating a specific project. (Ord. 529 § 9, 1991; Ord. 700 § 2 (Exh. 1), 2012)

“Lot” means a designated parcel, tract, or area of land established by plot, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. (Ord. 84 § 2.22, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Corner lot” means a lot located at the junction of two or more intersecting streets having an angle of intersection of not more than one hundred thirty-five degrees, with a boundary line thereof bordering on two of the streets.

(Ord. 84 § 2.23, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Interior lot” means a lot other than a corner lot.

(Ord. 84 § 2.24, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Through lot” means an interior lot having frontage on two parallel or approximately parallel streets.

(Ord. 84 § 2.25, 1948; Ord. 700 § 2 (Exh. 1), 2012)

The boundary lines of a lot are:

• A. Front Lot Line. The line dividing a lot from the street. On a corner lot only one street line shall be considered as a front lot line, and such front lot line shall be determined by the commission;

• B. Rear Lot Line. The line opposite the front lot line;

• C. Side Lot Lines. Any lot lines other than the front lot line or the rear lot line. (Ord. 84 § 2.26, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.08.295

PALOS VERDES ESTATES CODE

§ 17.08.350

“Mobilehome park” means any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobilehomes used for human habitation. (Ord. 700 § 2 (Exh. 1), 2012)

“Movie theater” means any building or portion thereof designed or used for the showing of motion pictures, when an admission fee is charged and when such building is open to the public and has a capacity of ten or more persons.

(Ord. 700 § 2 (Exh. 1), 2012)

“Native vegetation” means any existing vegetation capable of maintaining itself without cultivation, artificial irrigation or other intensive maintenance. (Ord. 309 § 1, 1975; Ord. 700 § 2 (Exh. 1), 2012)

“Natural grade” means, for the purposes of this chapter, the vertical location of the ground surface prior to any excavation or fill or as approved under PVEMC Title 16 relating to the subdivision of land.

(Ord. 270 § 7, 1970; Ord. 700 § 2 (Exh. 1), 2012)

“Nonconforming building” means a building which was legal when established, but which because of the adoption or amendment of this title or PVEMC Title 18 conflicts with the provisions of this title or PVEMC Title 18 applicable to the district in which such building is located.

(Ord. 84 § 2.27, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Nonconforming use” means the use of a building or land which was legal when established, but which because of the adoption or amendment of this title or PVEMC Title 18 conflicts with the provisions of this title or PVEMC Title 18 applicable to the district in which such use is located. (Ord. 84 § 2.28, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Change of occupancy” means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class.

(Ord. 84 § 2.29, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Occupied” includes “used,” “arranged,” “converted to,” “rented” or “leased,” or “intended to be occupied.”

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.08.350

§ 17.08.378

(Ord. 84 § 2.30, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Person” includes any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. 84 § 2.31, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Reasonable accommodation” means a modification or exception to the standards, regulations, policies and procedures contained in this code for the siting, development and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city’s planning and zoning program. (Ord. 709 § 1, 2014)

“Residential care facility, large” means any family home or group care facility serving seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

(Ord. 709 § 1, 2014)

“Residential care facility, small” means any family home or group care facility serving six or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

(Ord. 709 § 1, 2014)

“Roof” means the solid cover of a building. (Ord. 84 § 2.32, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Satellite dish” means a parabolic reflector or similar antenna with a parabolic surface, regardless of mounting method, designed solely to receive satellite-delivered signals. (Ord. 700 § 2 (Exh. 1), 2012)

“Short-term or vacation rental” means a rental, for compensation, of all or any part of any lot or dwelling unit to visitors for (A) any event or gathering including but not limited to weddings, banquets, and parties, or (B) for lodging for a period of less than thirty days; in either case, except for commercial filming as provided in Chapter 5.20 PVEMC. “For compensation” includes,

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City of Palos Verdes Estates, CA § 17.08.378

PALOS VERDES ESTATES CODE

§ 17.08.400

but is not limited to, rental of the property for money, goods, or services, as well as in-kind exchanges of goods, services, or premises.

(Ord. 717 § 2, 2016; Ord. 739 § 1, 2019)

“Sign” means any material, device or lettered or pictorial matter or copy when used or located in such a manner as to be visible by the public from outdoors, for display of an advertisement, notice, directional matter, name, announcement, declaration, demonstration, display, illustration or insignia used to advertise, promote or attract the interest of any person, business, activity, institution or organization. However, a sign shall not include the following:

• A.

  • Official notices authorized by a court, public body, public official or officer;

• B.

  • Building entrance numbers not exceeding ten square feet in total area;

• C. The flag of the United States of America, the flag of any other government entity, or the flag of any religious entity;

• D. Religious icons, such as a cross or other religious symbol, when not integral to a written sign;

• E. Names of buildings, dates of erection, monumental citations, commemorative tablets, memorial plaques, signs of historical interest and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type material and made an integral part of the structure;

• F. Holiday decorations displayed within forty-five days of a holiday, as defined in PVEMC § 10.04.060.

• (Ord. 700 § 2 (Exh. 1), 2012)

“Single room occupancy housing” means a structure that provides living units that have separate sleeping areas and may have private or some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents. (Ord. 709 § 1, 2014)

“Solar energy system” means any solar collector or other solar energy device or structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating. (Ord. 700 § 2 (Exh. 1), 2012)

“Street” means a public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley. (Ord. 84 § 2.34, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Structure” means anything constructed or erected, the use of which requires a more or less

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.08.400

§ 17.08.430

permanent location on the ground or attachment to something having a permanent location on the ground, but not including walls and fences less than four and one-half feet in height when located in front yards, or less than six feet in height when located in side or rear yards, nor other improvements of a minor character.

(Ord. 84 § 2.35, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists or roof joists, or the addition of any new structure on a lot.

(Ord. 84 § 2.36, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use of property that is permitted subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. (Ord. 709 § 1, 2014)

“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 [commencing with Section 4500] of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 709 § 1, 2014)

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use of property that is permitted subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. (Ord. 709 § 1, 2014)

“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Ord. 84 § 2.37, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.08.430

PALOS VERDES ESTATES CODE

§ 17.08.470

“Used” includes “occupied,” “arranged,” “designed for,” or “intended to be used.” (Ord. 84 § 2.38, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Yard” means an open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this title and PVEMC Title 18, is open and unobstructed from ground to the sky.

(Ord. 84 § 2.39, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Front yard” means a yard extending across the full width of the lot between the side lot lines and measured between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch.

(Ord. 84 § 2.40, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Rear yard” means a yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district.

(Ord. 84 § 2.41, 1948; Ord. 700 § 2 (Exh. 1), 2012)

“Side yard” means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto. (Ord. 84 § 2.42, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.10.010

§ 17.10.030