Portola Municipal Code Ch. 17.106 Definitions of Terms and Phrases

This chapter provides definitions of the terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. This chapter also determines how language used throughout the title will be construed. Where any of the definitions in this chapter may conflict with definitions in other titles of the Portola Municipal Code, these definitions prevail for the purposes of this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The meaning and construction of works and phrases as set forth shall apply throughout this title, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in this title, in which case the zoning definition shall apply. The following general rules of construction shall apply to the textual provisions of this title:

A. Headings. The section and subsection headings of this title do not govern, limit, modify, or in any manner affect the scope, meaning or intent of any provision of this title.

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

C. Shall, May and Should. "Shall" is always mandatory and not discretionary. "May" is permissive or discretionary. "Should" is advisory and not mandatory.

D. Tense, Number, and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine and feminine genders are both inclusive of the masculine, feminine, and neuter.

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

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

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

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

(Ord. 289 § 2 (Exh. A (part)), 2002)

"Accessory building or structure." See "Building or structure, accessory."

"Adult-oriented business." These types of businesses shall mean the following:

A. Adult Arcade. The term "adult arcade" as used in this title, shall mean a business establishment to which the public is permitted or invited, and in which image-producing devices, such as still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic, or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

B. Adult Bookstore. The term "adult bookstore" as used in this title, is an establishment that has, as a regular and substantial portion (thirty percent or more) of its stock in trade in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities and/or specified anatomical areas.

C. Adult Cabaret. The term "adult cabaret" as used in this title, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions a regular and substantial (thirty percent or more of the) number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

D. Adult Hotel/Motel. The term "adult hotel/motel" as used in this title, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions a regular and substantial (thirty percent or more of the) number of which are distinguished or characterized by an emphasis upon the depiction of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

E. Adult Motion Picture Theater. The term "adult motion picture theater" as used in this title, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

F. Adult Theater. The term "adult theater" as used in this title, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

G. Modeling Studio. The term "modeling studio" as used in this title, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. "Modeling studio" does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, which does not provide, permit, or make available specified sexual activities.

H. Adult-Oriented Business Operator. "Adult-oriented business operator" means a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

I. Specified Sexual Activities. "Specified sexual activities" as used in this title, include:

1. Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship or the use of excretory functions in the context of sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

J. Specified Anatomical Areas. "Specified anatomical areas" as used in this title, include:

1. Less than completely and opaquely covered: (i) human genitals or pubic region; (ii) buttock; and (iii) female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernible turgid state, even if completely and/or opaquely covered.

"Amendment" means any change, modification, deletion, or addition to the wording, text or substance of this title or any change, modification, deletion, or addition to the application of this title to property within the City of Portola, including any alteration in the boundaries of a zone district, when adopted by ordinance passed by the city council in the manner prescribed by law.

"Appellate approving authority" as designated in Section 17.91.020, it is either the planning commission or the city council that is authorized to hear and act on appeals to actions and decisions provided by this title.

"Approving authority" as designated in Section 17.88.020, it means one of the following depending on the nature of the application: city council, planning commission, or director.

"Building" means any structure having a roof supported by columns and/or walls and intended for the shelter, housing and enclosure of any individual, animal, process, equipment, vehicles, goods or materials of any kind or nature.

"Building or structure, accessory" means a building or structure detached from a principal building on the same lot and incidental to the principal building.

"Building or structure, nonconforming" means a building or structure, or portion thereof, which was lawfully erected, altered or maintained, prior to the effective date of this title, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

"Building coverage" means the land area covered by all primary buildings on a lot.

"Building, primary" means a building devoted primarily to the principal or conditionally permitted use of the lot or building site on which it is situated, as permitted by this title.

"Bus depot or station" means a place of business serving as a point of arrival or departure for passengers traveling by intercity or interstate bus, except those buses operated by a governmental entity.

"Child-oriented business" means a business, or portion of a building thereof, that primarily serves children aged eighteen and under.

"City" means the City of Portola, California.

"City council" means the City Council of the City of Portola.

"Clear vision triangle, commercial" means a triangular-shaped portion of land located at a corner and intended to provide clear vision for vehicular and pedestrian traffic. Land includes both private property and public right-of-way located at any corner defined by the triangular area created by the diagonal connection of two points measured thirty feet back from the intersection of the prolongation of points measured along the front and corner street side back of curb. No structures, fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches, measured from the grade of the roadway (measured at the edge adjacent to the clear vision triangle), shall be erected in the clear vision triangle. The dimensions or height limitations of the clear vision triangle may be modified if the applicant can demonstrate compliance with current American Association of State Highway and Transportation Officials (AASHTO) guidelines for geometric design for the appropriate intersection and roadway capacity to the satisfaction of the building inspector or public works director.

"Clear vision triangle, residential" means a triangular-shaped portion of land located at a corner and intended to provide clear vision for vehicular and pedestrian traffic. Land includes both private property and public right-of-way located at any corner defined by the triangular area created by the diagonal connection of two points measured twenty-five feet along the front and seventy-five feet along the side of a property measured from the back of curb. The third side of the clear vision triangle shall be the hypotenuse of the triangle described connecting the other two sides. No structures, fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches, measured from the grade of the roadway (measured at the edge adjacent to the clear vision triangle), shall be erected in the clear vision triangle. The dimensions or height limitations of the clear vision triangle may be modified if the applicant can demonstrate compliance with current American Association of State Highway and Transportation Officials (AASHTO) guidelines for geometric design for the appropriate intersection and roadway capacity to the satisfaction of the building inspector of public works director.

"Condominium" means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office, warehouse or store. A condominium may include, in addition, a separate interest in other portions of such real property.

"Condominium conversion" means a condominium conversion occurs whenever a multiple residential dwelling unit building or a residential housing project containing three or more dwelling units under the same ownership, or such a project that has been granted approval but construction has not begun or the project is not yet completely constructed, is subdivided so that individual dwelling units are available for sale as condominiums within the meaning of Civil Code Section 783.

"Construction trailer" means a trailer used as an on-site office only during actual construction of an approved building site.

"Council or city council" means the City Council of the City of Portola, California.

"Density" means the number of dwelling units per gross acre.

"Department" means the Planning Department of the City of Portola.

"Development" shall be as defined by California Government Code Section 65927.

"Development standard" means those parts of a zone district and any other regulation of this title which regulates aspects of physical development, including, but not limited to, density, lot area, lot width, lot coverage, building height, and setbacks.

"Director" means the city staff person primarily charged with carrying out the duties of the planning department. This may include the city administrator, the planning and redevelopment manager, or other primary staff person or his or her designee.

"Distance between structures" means the shortest horizontal distance measured between two vertical walls of two structures.

"Expansion—Building or structure" means an alteration of a building/structure that results in an increase in its size, either in extent or bulk, or an increase in its area or volume.

"Expansion—Use" means an alteration of a use that results in an increase in its size, either in extent, intensity or in the nature of the activities conducted.

"Family" means an individual or group of two or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses for food or rent.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

"Garage sale" means the temporary sale of used household or personal articles held on the seller's own residential premises, also referred to as a yard sale or rummage sale.

"General plan" as used in this title, the term general plan means the City of Portola General Plan, and all revisions and amendments to the plan.

"Height—Building and other structures" means the vertical distance from the highest point of the building or structure to the average of the highest and lowest points where the exterior walls or supports touch the natural grade.

"Height—Fence or wall" means the height of a fence or wall shall be determined from the highest finished grade adjacent to the fence or wall.

"Home, model complex" means one or more dwelling units or one temporary trailer temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or residential development which may be comprised of single detached, semi-detached, or multiple unit dwellings, or a combination thereof. It also includes one sales office and associated parking.

"Junk yard" means any area of two hundred square feet or more of any parcel or combination of adjoining parcels under the same ownership used for the storage of junk, more than one unregistered or inoperable vehicle, except as provided by Sections 5051 et seq. of the Vehicle Code of the state or as otherwise exempted by Section 10.04.030 of this code, scrap materials, materials, salvaged from wrecked or demolished buildings, machinery or equipment; or used for the wrecking or demolishing of automobiles, other vehicles, or machinery.

"Landscaped area" means an area devoted to lawn, ground cover, trees, or shrubs or hardscape, and as specified in this title, any applicable specific plan, or by other city requirement.

"Loading space" means an area, other than a street, alley, or driving aisle, on the same lot with a building or a group of buildings which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

"Lot" means a legally created parcel of land used or capable of being used under the regulations of this title.

"Lot, area" means the area contained within the boundary lines of a lot.

"Lot, corner" means a lot located at the intersection of two or more streets, with one property boundary bordering on each street frontage.

"Lot, developed" means a lot with buildings or structures.

"Lot, flag" means a lot having access to a public or private street by a narrow strip of land.

"Lot, frontage" means that portion of the lot contiguous to the street.

"Lot, interior" means a lot, other than a corner lot, abutting only one street.

"Lot, key" means a lot with a side line that abuts the rear line of any one or more adjoining lots.

"Lot line, front" means the lot line separating a lot from a street right-of-way. The front lot line of a corner lot may face either street frontage, at the option of the owner, provided that the required rear yard setback is obtainable opposite from the front lot line.

"Lot line, rear" means that lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this title.

"Lot line, side" means any lot line which is not a front or rear lot line.

"Lot, reversed corner" means a corner lot, the rear of which abuts the side of another lot.

"Lot, through" means a lot having frontage on two generally parallel streets.

"Lot, width" means the horizontal distance between the side lot lines, measured at the front setback line.

"Manufactured home" means a factory built or manufactured home permitted by State of California and federal laws.

"Mobile home" means same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Act of 1974.

"Mobile home park" means any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.

"Model home complex" means one or more dwellings used for the display and sale of units and lots within a subdivision.

"Nonconforming structure or building" means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but that fails by reason of such adoption, revision, or amendment to comply to the present requirements of the zoning district.

"Nonconforming use" means a use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to comply to the present requirements of the zoning district.

"Outdoor sales area" means an outdoor area located on the same lot as the principal business used for merchandise display or storage as allowed under this title.

"Parcel" means an area of land.

"Parcel, nonconforming" means a parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

"Parking lot" means an area of land, a yard or other open space on a lot legally used for or designed for parking motor vehicles.

"Parking space" means an unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle.

"Permitted" means any use or activity allowed by the provisions of this title, and subject to the applicable regulations contained within this title.

"Person" means an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, local agency, or any other group or combination acting as an entity.

"Planning commission" means the Planning Commission of the City of Portola.

"Property owner" means a person or persons having a possessory interest in the property, other than a periodic tenancy, estate at will, or sufferance, or a person having a contractual right which will ripen into such a possessory interest in the property.

"Sale, fundraising" means the temporary sale of new or used merchandise conducted by a charitable, eleemosynary, or non-profit organization or by groups associated with churches, schools and clubs.

"Seating capacity" means the actual seating capacity of an area based upon the number of seats of one seat per eighteen inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the Uniform Building Code.

"Secondary use" means a purpose for which land or a building is or may be intended, occupied, maintained, arranged, or designed, which is less visible, prominent, or important than the primary use(s) on the same lot or parcel.

"Setback" means the required distance that a building, parking lot or other designated item must be located from a lot line.

"Setback, front" means the front setback is an area formed by a line parallel to a front lot line. The front setback is measured at right angles to the front lot line.

"Setback, rear" means the rear setback is an area formed by a line parallel to the rear lot line. Rear setbacks are measured at right angles to the rear lot lines.

"Setback, side" means the side setback is an area formed by a line parallel to the side lot line, that extends between front and rear setback areas. Side setbacks are measured at right angles to the side lot lines.

"Shipping container" means a structure designed and intended for the movement of materials over long distances, typically constructed of corrugated steel, ad commonly associated with ship, train, or tractor trailer shipping.

Exhibit A: Examples of typical shipping containers

"Shopping center" means two or more contiguous or separate retail commercial stores that share access and/or parking, which function by design, or ultimately function, as a single entity.

"Street" means a public or permanent private way thirty feet or more in width, which affords a primary means of access to property.

"Structural alterations" means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in roof or exterior lines.

"Structure" means anything constructed or erected which requires location on the ground or attachment to something having a permanent location on the ground, including but not limited to, antennas, signs and billboards, but not including outdoor areas such as paved areas, tennis courts, driveways, parking spaces where the area is unobstructed from the ground up.

"Uniform Building Code" means the Uniform Building Code currently in use and adopted by the City of Portola.

"Usable open space" means one or more open areas adjacent to residential uses, the purpose of which is to provide an outdoor area designed for outdoor living and recreation, and which is located at, below, or above grade. This space is typically accommodated within side and rear yard areas.

"Use" means the purpose of which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

"Use, accessory" See: Accessory Uses, Article III of Chapter 17.34.

"Use, conditionally permitted" means a use type subject to a conditional use permit, which use may be essential or desirable to the public convenience or welfare in one or more zones but which may also impair the integrity and character of the zone or adjoining zone or be detrimental to the public health, safety or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall be permitted when all specific additional restrictions are completed and permanently satisfied in conformance with an approved conditional use permit. Should such restrictions be of a continuing nature, the use will remain conditional so long as the restrictions are complied with, but shall become an illegal use whenever and so long as the restrictions are not complied with.

"Use, primary" means the primary use or uses for which land or a building is or may be intended, occupied, maintained, arranged or designed and includes principally and conditionally permitted uses.

"Use, principally permitted" means the primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principally permitted use, it means that the owner, lessee, or other person who has legal right to use the land, has right to conduct such principally permitted use subject to the regulations and procedural requirements of this title.

"Use, temporary" means the temporary use of a property, which use is compatible with the purpose of the zone and is temporarily permitted in that zone. If a use is listed as a permitted temporary use in a specific zone, it means that the owner, lessee, or other person who has legal right to use the land, has the right to conduct such temporary uses subject to the regulations and procedural requirements of this title. See: Temporary Uses, Article IV of Chapter 17.73.

"Use type" means a category or class of land uses which share common functional, product or compatibility characteristics and which have been classified under a discreet use type in these regulations, commencing at Article II of this title.

"Zoning district" means a designated/mapped portion of the city within which a uniform set of regulations apply.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 338, § 3, 1-11-2012; Ord. 304 § 7, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)