Pittsburg Municipal Code Art. II Definitions

The definitions in this article apply to this title unless the context otherwise requires.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Abutting" or "adjoining"

means having district boundaries or lot lines in common.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Accessory living quarters"

are living quarters within an accessory building, but without kitchen facilities, on the same site as a main building of residential use. Accessory living quarters are not rental units, but are instead used for the purpose of housing servants, employees or nonpaying transient visitors or guests of the occupants of the main building. This definition includes the term "guesthouse," but does not include accessory dwelling units governed by PMC § 18.50.300 through § 18.50.315, or caretaker's quarters.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Gross. "Gross acre" is the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.

B. Net. "Net acre" is the area of a lot or site remaining after dedication of all required rights-of-way.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Affordable ownership price"

means a sales price that results in a monthly housing payment consistent with California Health and Safety Code Section 50052.5(b), as amended from time to time.

A.

For very low-income households, monthly housing payment during the first calendar year of a household's occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner's insurance, homeowners' association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized very low-income households.

B.

For lower-income households, monthly housing payment during the first calendar year of a household's occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner's insurance, homeowners' association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 70 percent of the area median income allowed for appropriately-sized lower-income households.

C.

For moderate-income households, average monthly housing payment during the first calendar year of a household's occupancy, including mortgage interest and principal payments, property taxes, homeowner's insurance, homeowners' association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 35 percent of 110 percent of the area median income allowed for appropriately-sized moderate-income households.

(Ord. 07-1284 § 3 (Exh. B), 2007)

The definition of "affordable rent" shall be consistent with California Health and Safety Code Section 50053, as amended from time to time.

A. For extremely low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 30 percent of the area median income allowed for appropriately-sized extremely low-income households.

B. For very low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized lower-income households.

C. For low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 60 percent of the area median income allowed for appropriately-sized lower-income households.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Affordable unit"

shall mean a dwelling unit that is required to be rented at an affordable rent or available at an affordable ownership price to specified households, and occupied by specified households, pursuant to an affordable housing agreement or the inclusionary housing or density bonus provisions of this title.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Appropriately sized"

shall be consistent with California Health and Safety Code Section 50052.5(h), as amended from time to time, and shall be based on presumed maximum occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Area median income"

shall mean the median income level as published pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision).

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Aisle"

is a paved area on a lot between a driveway and a parking space necessary to provide access for vehicles.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Alley"

is a public way permanently reserved for secondary access to the rear or side of properties otherwise abutting on a street.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Alter"

means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Domestic. "Domestic animal" is a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, duck, goose, pea fowl, goat, sheep, hog, or the like.

B. Exotic. "Exotic animal" is a wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

C. Large. "Large animal" is an adult animal larger than three and one-half feet in height or 250 pounds. This term includes horse, cow, and any other mammal customarily kept in a pen, corral or stable.

D. Small. "Small animal" is an animal no larger than three and one-half feet in height or 250 pounds. This term includes fish, bird, and any mammal customarily kept as a domestic pet within a dwelling unit.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Antenna"

means the arrangement of wires, poles, rods or other devices used for the transmission or reception of electromagnetic waves.

A.

Height. "Antenna height" is the overall vertical length of the antenna system above grade. If the antenna system is located on a building, the overall vertical length also includes the height of the building above grade level at the point upon which the antenna system is mounted. If the antenna system includes a collapsible support structure, the overall vertical length is measured with the antenna support structure fully extended.

B.

Microwave Receiving. "Microwave receiving antenna" is a dish-shaped device designed to receive signals transmitted from ground-mounted transmitters.

C.

Satellite. "Satellite antenna" is a dish-shaped device designed to receive television signals transmitted from orbiting satellites.

D.

Support Structure. "Antenna support structure" is a structure, mast, pole, tripod, or tower, together with any stabilizing guy wires or tensioned cables, that is used for the purpose of supporting an antenna.

E.

System. "Antenna system" is the combination of the antenna and any antenna support structure.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Apartment"

is a multifamily dwelling under single ownership.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Automobile"

means a self-propelled, motorized vehicle used, or intended to be used, for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition includes a motorcycle, light truck or van with a gross vehicle weight of 15,000 or fewer pounds.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Balcony"

is a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Blockface"

means the property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or city boundary.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Boardinghouse"

is a building and use with the following characteristics:

A.

The building, or rooms in the building, are rented to three or more individuals who are not in exclusive possession of the building;

B.

The building has only one kitchen; and

C.

A meal is regularly provided or available to the renters for a fee, whether that fee is included in or separate from the rental payment, and whether the fee is paid individually or collectively by all renters.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Building"

means a structure having a roof supported by columns or walls for the housing or enclosure of a person, animal, chattel, or property of any kind.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Caretaker's quarters"

means a dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Carport"

means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Collection facility"

is a building, structure or facility used for the acceptance by donation, redemption or purchase of recyclable material from the public and which, except for a reverse vending machine and as may be allowed for a large recycling facility, does not use power-driven processing equipment. Collection facility includes, but is not limited to, a mobile recycling unit, a kiosk type unit which may include a permanent structure, unattended containers placed for the donation of recyclable material, and bulk reverse vending machine.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 1060 § 3, 1993; Ord. 07-1284 § 3 (Exh. B), 2007)

"Community noise equivalent level (CNEL)"

means the average noise level during a 24-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. This definition includes the term "Laden" (average day-night noise level).

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Conditionally permitted"

means a use permitted subject to approval with conditions.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Condominium"

is a dwelling unit within a multifamily dwelling or duplex or an individual unit or space within a commercial or industrial building or complex, and that is under single ownership.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Courtyard"

is an open, unoccupied area, other than a yard, on the same site as a structure and bounded on two or more sides by a structure.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"dBA"

is a number in decibels read from a sound level meter with the meter switched to the weighted scale "A." The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Deck"

is a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also PMC § 18.06.180, Balcony).

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Density bonus"

means a density increase of at least 10 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer, pursuant to Government Code Section 65915(g).

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Distribution line"

is an electric power line bringing power from a distribution substation to a consumer.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"District"

means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Driveway"

means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 3, 2023)

"Duplex"

is a building on a single lot designed exclusively for occupancy by two families living independently of each other.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Dwelling"

is a building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.

A.

Attached Single-Family. "Attached single-family dwelling" is a dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.

B.

Detached Single-Family. "Detached single-family dwelling" is a dwelling unit on an individual lot that does not share any common wall with another dwelling unit on a separate lot.

C.

Multifamily. "Multifamily dwelling" is a building used and designed as a residence for three or more families living independently of each other with an individual kitchen for each.

D.

Single-Family. "Single-family dwelling" is a building designed exclusively for occupancy by one family.

E.

Unit. "Dwelling unit" is one or more habitable rooms designed for occupancy by only one family for living, sleeping and sanitary purposes, and having a kitchen.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Eligible household"

means a household whose household income does not exceed the maximum specified in this title for a given affordable unit.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Live entertainment"

means any of the following activities on the site of a use other than a public or semipublic use:

A.

A comedy act, dramatic play, poetry reading, theatrical or dance recital or similar entertainment performed by one or more persons, regardless of whether performers are compensated;

B.

A vocal, choral, instrumental, orchestral or similar musical concert performed by a person, symphony or band, including a set of recorded music played by a disc jockey;

C.

Any form of dancing by patrons or guests at a business establishment;

D.

A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Extremely low-income household"

means a person or family whose income does not exceed 30 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50106, as amended from time to time.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Extremely low-income renter unit"

means a dwelling unit that is reserved at an affordable rent for extremely low-income households.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Family"

means one or more persons, including any resident servant, who occupy a dwelling unit and live as a single housekeeping unit, as distinguished from a group occupying a hotel, club, shelter, fraternity or sorority house.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Fence"

is a barrier made of wire, wood, metal, masonry, plants or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate, dense hedge or structure used as a fence. A retaining wall, freestanding sign, or landscape structure is not considered a fence except for that portion which is used as a fence.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 4, 2023)

A. Gross. "Gross floor area" means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space less than six feet in height, area used exclusively for vehicle parking or loading, breezeway, vaulted attic without floor, and a porch, deck, balcony or terrace that is not enclosed more than 75 percent by walls.

B. Rentable. "Rentable floor area" means the total area on all floors as measured to the inside surface of interior wall, excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and open porch, deck, balcony, or terrace. It also excludes any corridor, hallway or stairs used to provide access to different offices, businesses or apartments and excludes any elevator shaft, lavatory, flue, janitor's storage closet, heating and air conditioning equipment room, and other similar space generally used by all occupants of a building rather than by an individual occupant.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 5, 2023)

"Floor area ratio (FAR)"

is the gross floor area of a building on a lot divided by the net lot area.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Food pantry"

means a use where free food and beverage items, excluding alcohol, are distributed to the public at any frequency more than three times per year, with no on-site consumption.

(Ord. 21-1498 § 2, 2021)

"Private garage"

is a detached accessory building or portion of a main building on the same lot as the dwelling for the parking or temporary storage of an automobile belonging to the occupant of the dwelling.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"General plan"

is the city general plan with amendments.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Existing. "Existing grade" is the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this title.

B. Finished. "Finished grade" means:

1. Natural grade exterior to all buildings or structures created by any proposed development for all other circumstances not set forth in subsection (B)(2) of this section;

2. A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a city grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.

C. Street. "Street grade" is the top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 6, 2023)

"Hedge"

is a barrier formed by bushes, shrubs, or trees growing close together in a line so as to be used as a screen or enclosure for a yard or open space.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Height"

means the vertical distance of any structure, building, fence, sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.

The height of any portion of a facility within six feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:

a.

The height of any fence separated by a distance of at least 18 inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.

b.

The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more than five feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 7, 2023)

"Home occupation"

is a commercial enterprise conducted in a dwelling unit, garage, accessory building, or on a parcel in a residential district that is incidental to the principal residential use.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Household income"

shall mean the combined adjusted gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

(Ord. 07-1284 § 3 (Exh. B), 2007)

A. Direct. "Direct illumination" is illumination by means of light that travels directly from its source to the viewer's eye.

B. Indirect. "Indirect illumination" is illumination by means of light cast upon an opaque surface from a concealed source.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Kitchen"

is an area in a structure with cooking facilities, that typically includes a sink, refrigerator, and cooktop, oven or range, and that may include other appliances such as a microwave oven or dishwasher.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Landscape"

means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, artwork, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lot"

is a site or parcel of land under single ownership that has been legally subdivided, resubdivided, or combined. Lot for the purpose of application of this title also includes parcel and site.

A.

Corner. "Corner lot" is a site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.

B.

Double-Frontage. "Double-frontage lot" is an interior lot fronting on more than one street. Each frontage from which access is permitted is considered a front lot line.

C.

Flag. "Flag lot" is a lot so shaped and designed that the main building-site area does not have street frontage, but is connected to the street by a strip of land that is used for access purposes.

D.

Interior. "Interior lot" is a lot other than a corner lot.

E.

Key. "Key lot" is the first interior lot to the rear of a reversed corner lot.

F.

Reversed Corner. "Reversed corner lot" is a corner lot, the corner side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lot area"

means the horizontal area within the property lines excluding access corridors, alleys, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

(Formerly 18.06.395; Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lot coverage"

means the percentage of a lot or site that is covered by a roof, soffit, trellis, eave or overhang extending more than two and one-half feet from a wall and by a deck more than 30 inches in height.

(Formerly 18.06.240; Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lot depth"

is the horizontal distance between the midpoints of the front and rear lot lines, measured in the mean direction, and equidistant from opposite segments of the side lot lines so that perpendicular lines drawn at any section of the lot depth line intersects opposite sides of the side lot lines at the same angle.

(Formerly 18.06.405; Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 8, 2023)

"Lot line"

is the line bounding a lot as defined in this title.

A.

Corner Side. "Corner side lot line" is a street line that adjoins the corner side yard of a lot.

B.

Front. "Front lot line" is a street line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any one may be considered the front lot line.

C.

Interior. "Interior lot line" is a lot line not abutting a street.

D.

Rear. "Rear lot line" is a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. For the purpose of measuring lot depth, where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, is considered the rear lot line.

E.

Side. "Side lot line" is any lot line that is not a front lot line or a rear lot line.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lot width"

is the horizontal distance between the lot lines of a site, measured at right angles to the lot depth at the rear of a required front yard.

(Formerly 18.06.465; Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Low-density owner project"

means a residential project, or portion thereof, intended to be sold to owner-occupants upon completion, and constructed in a low-density residential or hillside low-density residential land use area as designated in the city of Pittsburg general plan.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Lower-income household"

means a person or family whose income does not exceed 80 percent of area median income, adjusted for household size, pursuant to California Health and Safety Code Section 50079.5, as amended from time to time.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lower-income owner unit"

means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a lower-income household.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Lower-income renter unit"

means a dwelling unit in a residential project that is reserved at an affordable rent for a lower-income household.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Manufactured home"

is a prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Market rate unit"

means a dwelling unit in a residential project that is not an affordable unit.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Mobile home"

is a trailer or prefabricated structure that is used as a permanent dwelling unit, is connected to utilities and is designed without a permanent foundation.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Mobile home park"

is a site or subdivision used for the accommodation of mobile homes where mobile home lots or spaces are rented or held out for rent.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Moderate-income household"

means a person or family whose income does not exceed 120 percent of area median income, adjusted for household size, as established pursuant to California Health and Safety Code Section 50093, as amended from time to time.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Moderate-income owner unit"

means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a moderate-income household.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Municipal code"

is the municipal code of the city.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Lot. "Nonconforming lot" is a lot that was lawfully subdivided or established, but that does not conform to the minimum site area or site width prescribed in the regulations for the district in which the lot is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

B. Structure or Building. "Nonconforming structure or building" is a structure or building or portion of that was lawfully constructed, but that does not conform to the maximum height, lot coverage, FAR, or minimum yard requirements, by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

C. Use. "Nonconforming use" is a use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations or required conditions for the district in which it is located including density and parking regulations, by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Off-street loading facility"

means that portion of a site devoted to the loading or unloading of a motor vehicle or trailer, including a loading berth, aisle, access drive, and landscaped area.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Off-street parking facility"

means that portion of a site devoted to the off-street parking of a motor vehicle, including a parking space, aisle, driveway ramp, and landscaped area.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Private open space"

is an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Common open space"

is an open area within a residential development reserved for the exclusive use of the residents of the development and guests.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Owner project"

means a residential project, or portion thereof, which is intended to be sold to owner-occupants upon completion and is not a low-density owner project.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Parcel"

is a recorded property under single ownership.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

See PMC § 18.06.520, Off-street parking facility.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Automobile parking space"

is a paved, accessible and usable space within a building or open off-street parking facility for the parking of an automobile, exclusive of driveway, aisle, ramp, columns or office and work area.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Covered parking space"

is a carport or garage.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Paved"

shall mean contiguously covered with asphaltic concrete, portland cement concrete (PCC), interlocking pavers installed atop an aggregate base and in accordance with manufacturer's recommendations, or other similar surface material. Areas of compacted earth, reinforced with a soil reinforcing fabric, a weed preventing fabric, and covered with decorative rock will also be defined as paved.

(Ord. 07-1294 § 3, 2007)

"Permitted"

means allowed without a requirement for approval of a use permit, design review, variance, or other discretionary application.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 9, 2023)

"Porch"

is a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Preexisting"

means existing before April 19, 1990.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Prezoning"

means the zoning district classification as prescribed by this title that has been designated for a site before annexation to the city.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Project"

means any proposal for new or changed use, or for new construction, alteration, or enlargement of a structure that is regulated by this title.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

See PMC § 18.06.430, Lot line.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Property owner"

is a person holding ownership of a lot, parcel, or site regulated by this title.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Planned unit development (PUD)"

means residential buildings where the entire site is planned in such a manner that the various dwelling units, either attached or detached, are arranged in groups or clusters on those portions of the site most conducive to development, designed in such a manner that each dwelling unit may be sold separately from all other dwelling units, and where each owner of a dwelling unit also owns an interest in any recreation facility, parking facility, landscaped or natural open space, along with any other appurtenant facility.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Recyclable material"

means reusable material, including, but not limited to, metal, glass, plastic and paper, which is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. The city may expand the list of recyclable material by city council resolution. Recyclable material does not include refuse or hazardous material.

(Ord. 1060 § 4, 1993; Ord. 07-1284 § 3 (Exh. B), 2007)

"Rental project"

means a residential project, or portion thereof, which is intended to be rented to tenants upon completion.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Resident"

is a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of residence.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Senior citizen"

is a person 55 years of age or older. This definition includes the term "qualifying resident" described in California Civil Code Section 51.3.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Single ownership"

means holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Site"

is a lot, or group of contiguous lots or parcels, not divided by an alley, street, other right-of-way or city limit, that is proposed for development under this title, and is in a single ownership.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Shopping center"

is a complex consisting of primarily a one-story or two-story building containing not less than four independently operated stores or shops developed under one comprehensive plan where the ground floor stores have access directly to a sidewalk or parking lot, and where all stores are served by a common parking lot. The recording of a condominium subdivision map does not affect the status of a shopping center.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Smoke"

means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts. The term "smoke" includes but is not limited to tobacco smoke and electronic cigarette vapors. The term "smoke" does not include the product of combustion of incense or similar products which do not contain tobacco or nicotine, when used solely for olfactory purposes.

(Ord. 16-1419 § 4, 2016)

"Specific plan"

is a plan for a defined area authorized by law that is consistent with the general plan.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Specified anatomical areas"

means human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Specified sexual activities"

means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Story"

means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it or, if no floor above it, the space between a floor and the ceiling next above it. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.

A story containing one or more mezzanines has more than one floor level. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story; provided, that the following shall not be deemed a story:

A.

A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six feet or less for at least 50 percent of the perimeter and does not exceed 12 feet above grade at any point;

B.

An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such space.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 10, 2023)

"Street"

is a public or private place of passage including a right-of-way easement which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, other thoroughfare, and court, but excluding an alley.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Street line"

is the boundary between a street and property.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Future street line"

is an established line from which the minimum front or street side yard is measured. If no specific future street is established, the future street line is the adjacent existing right-of-way of an abutting public or private street, roadway, or easement. A future street line is established to provide for future street widening or construction, delineating the area open, or to be open, to public use.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Structure"

is anything constructed or erected that requires a location on the ground, including a building or a swimming pool but not including:

A.

A fence or a wall used as a fence if the height does not exceed six feet;

B.

Access drive or walk;

C.

Deck under 30 inches from finished grade; or

D.

Retaining wall under three feet in height, unless supporting a surcharge or impounding Class I, II or III-A liquids.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Structural alteration"

is any change in the supporting members of a structure or building, such as bearing wall, column, beam or girder.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Accessory. "Accessory structure or building" is a detached subordinate structure located on the same site as the main building. Where a substantial part of the wall of a subordinate structure is a part of the main building, or where a subordinate structure is attached to the main building in a substantial manner by a roof, the subordinate structure is considered a part of the main building and is not an accessory structure or building.

B. Main. "Main building or structure" is a structure housing the principal use of a site or functioning as the principal use.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Subdivision"

is a site divided and recorded for the purpose of sale, lease or financing of individual lots or parcels.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Substation"

is a subsidiary electrical transmitting facility in which electric current is transferred from power lines and distributed to local consumers.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Swimming pool, spa and hot tub"

is a water-filled enclosure having a depth of 18 inches or more used for swimming or recreation.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Transmission line"

is an electric power line bringing power to a receiving or distribution substation.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Mature tree"

is a tree with a diameter of at least four inches, measured four feet above existing grade.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Unsightly object"

includes an appliance, discarded material, part or all of a disabled vehicle, machinery or mechanical apparatus, metal, material or merchandise.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Use"

means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Accessory use"

is a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Used"

includes arranged, designed, constructed, altered, rented, leased, sold, occupied, or intended to be occupied.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Very low-income household"

is a person or family whose income does not exceed 50 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50105, as amended from time to time.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Very low-income owner unit"

is a dwelling unit that is reserved for purchase at construction completion at an affordable ownership price for a very low-income household.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Very low-income renter unit"

is a dwelling unit that is offered at an affordable rent for a very low-income household.

(Ord. 07-1284 § 3 (Exh. B), 2007)

"Visible"

means noticeable by a person six feet in height walking on a street or sidewalk two years after installation of any planting intended to screen a view.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

"Yard"

is an open area, other than a court, on the same site as a structure, unoccupied and unobstructed by a structure from the ground upward except for landscaping. In measuring a yard, the "line of a building" means a line parallel to the nearest lot line drawn through the point of a building or the point of a dwelling group nearest such lot line.

A.

Corner Side. "Corner side yard" is a yard between the corner side lot line and the nearest line of the building and extending from the front yard to the rear lot line.

B.

Front. "Front yard" is a yard extending across the full width of the lot between the front lot line and the nearest line of the building. If a future street line is established for the street upon which the lot abuts, the measurement is taken from the future street line to the nearest line of the building.

C.

Rear. "Rear yard" is a yard extending across the full width of the lot (except on a corner lot) between the most rear main building wall and the rear lot line. The depth of a required rear yard is measured perpendicular to the rear lot line toward the nearest part of a main building.

D.

Side. "Side yard" is a yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)